Areas of aboriginal cultural heritage sensitivity this property is within, or is affected by, one or more areas of cultural heritage sensitivity as described in the aboriginal heritage regulations 2007. Aboriginal heritage act 2006 and aboriginal heritage regulations 2007 5 victorian aboriginal heritage register vahr listings 6 traditional owner settlement act 2010 6 3. Under the aborignal heritage act 2006 and aboriginal heritage regulations 2007, a cultural heritage management plan chmp is a mandatory requirement for a proposed activity if. The summary of my findings is that there are no impediments from aboriginal heritage legislation, nor requirement for a cultural heritage management plan for. Versions of this subsidiary legislation includes consolidations, reprints and as made versions. Goulburnmurray water has an obligation to ensure that private works licence applicants are made aware of their obligations under this legislation. Because the project is a road with a length exceeding 100 metres, a chmp is required. These terms are defined in the aboriginal heritage regulations 2018.
Aboriginal cultural heritage and the environment effects. Fact sheet managing aboriginal cultural heritage goulburn. Part 1preliminary aboriginal heritage regulations 2007 s. Under the planning and environment act 1987, the vpp give effect to and support the operation of the act. In these circumstances, planning permits, licences and work authorities cant be issued unless a chmp has been approved for the activity. Aboriginal cultural heritage, with processes linked to the victorian. Ecology and heritage partners was commissioned by pro urban to prepare this preliminary aboriginal heritage test paht for a proposed car park, office and retail redevelopment in abbotsford, victoria yarra city council.
Aboriginal heritage regulations 2007 as they apply to the rezoning application, development plan application and future subdivision under the regulations, there are two triggers, which if activated, require an aboriginal cultural heritage. Victorian aboriginal heritage register vahr and places found during the standard assessment described in this report are protected by the aboriginal heritage act 2006. Heritage sensitivity defined in the aboriginal heritage regulations 2007. Aboriginal cultural heritage 157 introduction the aboriginal heritage act 2006 aha is relatively new legislation, commencing operation in may 2007. All or part of the activity area is an area of cultural heritage sensitivity aboriginal heritage regulations 2007. Authorised version incorporating amendments as at 2 august 2016. The current aboriginal heritage regulations 2007 the regulations were due to sunset on 25 may 2017. Open letter to heritage advisors consultation when preparing a cultural heritage management plan. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. The entire item will be downloaded to your computer. They also investigate reports of harm to aboriginal cultural heritage, and help government and land users to avoid impacts to aboriginal places and objects.
Local councils are legally obliged to withhold approval of a planning application until an. Notwithstanding the above, regardless of the level of impact, any project in victoria that requires an ees is also required to prepare a chmp. The committee received conflicting evidence as to its merits. Victoria 143 australasian legal information institute. Under the subordinate legislation act 1994, a regulatory impact.
Their operation was extended for 12 months, with the regulations now due to expire in may 2018. It is an offence to disturb or destroy these places without. On may 29 2007, new procedures commenced to provide for a more transparent, consistent and effective approach to protecting and managing aboriginal cultural heritage. The aboriginal heritage regulations 2007 establishes processes to deal with applications and projects currently intrain before the 28 may 2007. Aboriginal heritage regulations 2007 hereafter the regulations 2007 are assessed in detail. Kingswood golf club cultural heritage statutory obligations. These regulations come into operation on 23 may 2018. The act also mandates that a chmp is required for any project requiring an ees. Aboriginal cultural heritage and the environment effects process.
Protecting heritage and enforcing the act aboriginal victoria. Aboriginal heritage is protected in victoria under the aboriginal heritage act 2006 and the aboriginal heritage regulations 2007. Because the property is within an area of cultural heritage sensitivity and because the proposed subdivision of the land is a high impact activity, as defined in the regulations, the developers will be required to prepare a mandatory cultural heritage management plan chmp. Mordialloc bypass aboriginal cultural heritage impact. Plans required by the aboriginal heritage act 2006 and aboriginal heritage regulations 2007 within the psp area must complete the full range of assessment required by the regulations. On may 29 2007, new procedures commenced to provide for a. Bunurong land council aboriginal corporation, information. Heritage act 2006, the aboriginal heritage regulations 2007 and. A chmp is required under section 47 of the victorian aboriginal heritage act 2006 if any high impact activity is planned in an identified area of cultural heritage sensitivity that has not been subject to significant ground disturbance, as defined in the victorian aboriginal heritage regulations 2007. Definitions part 2cultural heritage management plans division 1when is a cultural heritage management plan required. Whats new contents australian institute of aboriginal.
In these regulations, the aboriginal heritage regulations 20071 are called the principal regulations. The data provides indicative information about the location and extent of areas of aboriginal cultural heritage. The secretary of the department of premier and cabinet would be required to evaluate and approve the projects chmp prior to construction. A development may require a mandatory investigation known as a cultural heritage management chmp under the aboriginal heritage act 2006 and aboriginal heritage regulations 2007. Regulations 2007 aboriginal cultural heritage management plan for the purposes of the aboriginal heritage act 2006. Aboriginal heritage impact assessment berwick health and. However, heritage insight pl cannot be responsible for any changes in policy that may impact on the part of the victorian government, its agencies or registered aboriginal parties since the project commenced. Schedule 2 stipulates that descriptions of any aboriginal cultural heritage found in an activity area that is the subject of a chmp must be consistent with the registration of that aboriginal cultural heritage on the victorian aboriginal heritage register vahr.
Aos and ahos are appointed by the minister for aboriginal affairs to investigate and monitor compliance with the aboriginal heritage act 2006 and to enforce protection measures when necessary. Aboriginal heritage regulations 1974 western australia. Cultural heritage legislation geoscience australia. Aboriginal heritage regulations 2007 which supersedes commonwealth law and previous state legislation. The activity area the activity area includes the properties at 154 liberty parade, 156 liberty parade, 2123 bardia street and 330366 bell street, heidelberg west figure 1. When a cultural heritage management plan is required division 2exempt activities 8. A mandatory chmp is required under regulation 6 of the aboriginal heritage regulations 2007 vic the regulations when a high impact activity will occur within an activity area that includes an area. Definitions part 2cultural heritage management plans division 1 when is a cultural heritage management plan required.
It has been highlighted within the report that that the work undertaken for this investigation does not constitute a desktop or standard assessment for any future cultural heritage management plans that may be conducted within the lancefield road psp area. These regulations are made under section 194 of the. Station street, bonbeach level crossing removal program. The assessment of aboriginal cultural heritage values in the activity area was conducted under the chmp process required under the aboriginal heritage act 2006 and. The aboriginal cultural heritage register and information system achris is the online tool that is used to access the victorian aboriginal heritage register. Aboriginal heritage impact assessment lancefield road. The aboriginal heritage act 2006 and the aboriginal heritage regulations. Queensland aboriginal cultural heritage act 2003 and torres strait islander cultural. Review of the aboriginal heritage regulations 2007 the aboriginal heritage act 2006 the act commenced operation on 28 may 2007. The aboriginal heritage act 2006 came into force on the 28 may 2007. A h c guidelines for respecting indigenous heritage places. Aboriginal heritage impact assessment sunbury south.
The register is a central repository for traditional owners. The project will develop tools to educate and support implementation and compliance of the new legislation. Furthermore, under section 49 of the victorian aboriginal heritage act 2006, a chmp must. There are transitional arrangements for the new aboriginal heritage act 2006.
Aboriginal heritage is protected in victoria under the. The aboriginal heritage act 2006 and the planning permit. Ahr aboriginal heritage regulations 2007 as artefact scatter atsic aboriginal and torres strait islander commission av aboriginal victoria blcac bunurong land council aboriginal corporation bp before present dpc department of premier and cabinet chmp cultural heritage management plan. The act and regulations require that certain activities defined within the regulations as high impact. Port of hastings development project aboriginal cultural. When a cultural heritage management plan is required division 2exempt activities 7. State government legislation includes the aboriginal heritage act 2006, aboriginal heritage regulations 2007 and traditional owner settlement act 2010.
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