Does Aboriginal Heritage Act 2006 (Vic) — CHMP apply to construction (residential and commercial) businesses?

Aboriginal Heritage Act 2006 (Vic) — CHMP. Under the Aboriginal Heritage Act 2006 (Vic) and the Aboriginal Heritage Regulations 2018, a Cultural Heritage Management Plan (CHMP) is required when a 'high impact activity' is planned in an area of 'cultural heritage sensitivity'. Sensitive areas include registered Aboriginal cultural heritage places and landforms more likely to contain heritage, and are shown on the government's online map; a planning tool helps decide whether a development is a high impact activity.

Trigger: Planning a high impact activity, as defined in the Aboriginal Heritage Regulations 2018, within an area of cultural heritage sensitivity, where the activity needs a planning permit, licence or work authority.

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Aboriginal Heritage Act 2006 (Vic) — CHMP" is no. Construction (residential & commercial) is one of the 3 where the answer is different: only if.

The deciding fact for construction (residential and commercial) businesses: Industry: Construction (residential & commercial); applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.

About the industry: Builders, contractors, and subcontractors covered by the Building & Construction General On-site Award and high-risk WHS.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Each cell is the engine's outcome for a business in construction (residential & commercial) with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

When due

Before any assessment begins, lodge a Notice of Intent to prepare a CHMP with the Secretary through ACHRIS (with the prescribed fee) and give it to each relevant RAP, landowners and the council; RAPs have 14 days to respond; the CHMP must be approved before the permit or authority can issue and before work starts, and its conditions apply during and after the activity.

Evidence to keep

Notice of Intent and ACHRIS lodgement; Heritage Advisor engagement; records of consultation with the RAP (or Activity Advisory Group and Traditional Owners where there is no RAP); cultural heritage assessment results; the approved CHMP and its management conditions; records showing conditions were met during works; any approved amendment to the CHMP.

Maximum penalty

Without an approved CHMP the statutory approvals for the activity cannot be issued, so the project cannot lawfully proceed. Penalty amounts under the Aboriginal Heritage Act 2006 (Vic) were not restated here.

Regulator

See source

Jurisdiction

VIC only

• Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care: Only if
• Aboriginal Heritage Act 1972 (WA) — s 18 consent: Only if
• Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics: Only if
• Aboriginal Heritage Act 1988 (SA) — Minister's authorisation: Only if
• EPBC Act — National Heritage + Indigenous heritage values: Only if
• Heritage Act 2004 (ACT) — Aboriginal places + objects: Only if
• All 31 answers for construction (residential & commercial)