Who must comply with Aboriginal Heritage Act 2006 (Vic) — CHMP?

Activities in areas of cultural heritage sensitivity require a 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. 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.

Applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: 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.

Jurisdiction: Victoria law only. A business with no operations in VIC is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (3 of 35: only if a further fact applies; 32 of 35: no).

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.

The engine shows this obligation as "check whether this applies" when a business has industry: Mining & resources / Construction (residential & commercial) / Agriculture, forestry & fishing. It then applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. That fact is not something Rules Mate can infer from industry, structure or size.

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.

Frequency

When a triggering event occurs

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.

Status

Current

Priority

High

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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 8: the engine uses the same rule for each.

• Native Title Future Act procedures
• National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage
• Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care
• Aboriginal Heritage Act 1972 (WA) — s 18 consent
• Aboriginal Heritage Act 1988 (SA) — Minister's authorisation
• Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics
• Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate
• Heritage Act 2004 (ACT) — Aboriginal places + objects

Rules Mate tracks 10 published obligations tagged "indigenous", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is triggered by events.

Free tools that help with this obligation:

• Compliance calendar builder