Current legislation related to Aboriginal cultural heritage

From 28 May 2007, Aboriginal cultural heritage is protected through the Aboriginal Heritage Act 2006 and the Aboriginal Heritage Regulations 2007.  This Act replaces Part IIA of the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Victorian Archaeological and Aboriginal Relics Preservation Act 1972. 

The Act establishes for the first time an Aboriginal Heritage Council and establishes a system of Registered Aboriginal Parties (RAPs) who have responsibilities for managing and protecting Aboriginal cultural heritage at a local level.  The Act includes a standard process for managing the impact on Aboriginal cultural heritage through Cultural Heritage Management Plans and Cultural Heritage Permits.

Aboriginal Heritage Act 2006

The Aboriginal Heritage Act 2006 commenced operation on the 28 May 2007 and provides for the protection and management of Victoria’s Aboriginal heritage with streamlined processes linked to the Victorian planning system.

The key features of the Act are:

• The establishment of a Victorian Aboriginal Heritage Council to provide a state-wide voice for Aboriginal people and to advise the Minister for Aboriginal Affairs on issues relating to the management of cultural heritage.
• Introduction and management of a system of registered Aboriginal parties that allows for Aboriginal groups with connection to country and others - such as Aboriginal groups with contemporary or historical interests - to be involved in decision making processes around cultural heritage.
• Establishment of Cultural Heritage Management Plans and Cultural Heritage Permit processes to manage activities that may harm Aboriginal cultural heritage;
• A system of cultural heritage agreements to support the development of partnerships around the protection and management of Aboriginal cultural heritage.
• Strengthened provisions relating to enforcement of the Act - including Aboriginal Heritage Protection Declarations and stop orders. There are also clearer powers for Inspectors and increased fees and penalties for breaches of the Act.
  

Aboriginal Heritage Regulations

The Aboriginal Heritage Regulations 2007 give effect to the Aboriginal Heritage Act 2006. The Regulations came into operation on 28 May 2007 and should be read in conjunction with the Act.

The Regulations set out the circumstances in which a Cultural Heritage Management Plan (CHMP) is required to be prepared, and the standards for the preparation of a CHMP. The Regulations also prescribe standards and set fees.

(Further links can be found on the AAV website)