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Aboriginal Heritage Act 2006 (Vic) — CHMP

Activities in areas of cultural heritage sensitivity require a CHMP.

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Who must comply

The sponsor of the activity, which must be a legal entity (a person or company): developers, councils, utilities, mining and infrastructure proponents planning a high impact activity in an area of cultural heritage sensitivity in Victoria. The sponsor must engage a Heritage Advisor, who must be a natural person.

What triggers it

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.

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 required

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.

Max 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.

Summary

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. Until a CHMP is approved, planning permits, licences and work authorities for the activity cannot be issued. A CHMP is a written report prepared by a qualified Heritage Advisor that assesses the activity's impact and sets measures to be taken before, during and after the work. It is evaluated by the Registered Aboriginal Party (RAP) for the area or, where there is none, by the Secretary to the Department of Premier and Cabinet.

Topics

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Frequently asked questions

Who must comply with Aboriginal Heritage Act 2006 (Vic) — CHMP?
The sponsor of the activity, which must be a legal entity (a person or company): developers, councils, utilities, mining and infrastructure proponents planning a high impact activity in an area of cultural heritage sensitivity in Victoria. The sponsor must engage a Heritage Advisor, who must be a natural person.
What triggers Aboriginal Heritage Act 2006 (Vic) — CHMP?
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.
When is Aboriginal Heritage Act 2006 (Vic) — CHMP 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.
What is the maximum penalty for Aboriginal Heritage Act 2006 (Vic) — CHMP?
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.
What evidence is required for Aboriginal Heritage Act 2006 (Vic) — CHMP?
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.

Source: https://www.firstpeoplesrelations.vic.gov.au/cultural-heritage-management-plans. Rules Mate is not a law firm. Always verify against the live regulator source before acting.