Aboriginal Heritage Act 2006 (Vic) — CHMP
Activities in areas of cultural heritage sensitivity require a CHMP.
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
Related
- WAAboriginal Heritage Act 1972 (WA) — s 18 consentAny use of land that may damage an Aboriginal site requires s 18 consent from the Minister.
- SAAboriginal Heritage Act 1988 (SA) — Minister's authorisationActivities that damage, disturb or interfere with an Aboriginal site, object or remains require Minister's authorisation in SA.
- NTNorthern Territory Aboriginal Sacred Sites Act 1989 — Authority CertificateUse of land that may affect a sacred site in the NT requires an Authority Certificate from AAPA.
- ACTHeritage Act 2004 (ACT) — Aboriginal places + objectsDisturbing an Aboriginal place or object in the ACT requires registration consultation + ACT Heritage Council approval.
- QLDAboriginal Cultural Heritage Act 2003 (Qld) — duty of careAnyone carrying out an activity that could harm Aboriginal cultural heritage in Qld owes a statutory duty of care.
- TASAboriginal Heritage Act 1975 (Tas) — permit to disturb relicsA permit from the Minister is required to disturb, destroy or remove an Aboriginal relic in Tasmania.
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.