The Victoria Aboriginal Affairs Victoria website Cultural Heritage Legislation page provides the following summary of current legislation covering Aboriginal heritage in Victoria
"The protection of Aboriginal heritage in Victoria is dealt with under a unique legislative structure that includes both a Commonwealth and State Act. The interrelationship between the Commonwealth and State legislation is complex and uncertain in effect. However, where there is a conflict, the Commonwealth legislation takes precedence over the State legislation.The Schedule to Part IIA of this Act lists Victoria's local Aboriginal 'communities' with responsibilities under the Act. Each community's geographical area is defined in the legislation. Local Aboriginal communities represent various Aboriginal group interests in the region and is recognised under the Commonwealth Act as having responsibility for Aboriginal cultural heritage in its defined area. Where there is not a functioning local Aboriginal organisation, powers revert to the Minister. "
The Victorian Aboriginal Cultural Heritage Protection Act
New legislation will be proclaimed on the 28th of May. Details and a link will be provided here when available. The current act is available at the following link.
The Commonwealth Aboriginal Cultural Heritage Protection Act
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Commonwealth)
Other legislation that is relevant to Aboriginal heritage matters
Aboriginal Protection Act 1869 (Vic)
This document made Victoria the first Colony to enact a comprehensive scheme to regulate the lives of Aboriginal people. This Act gave powers to the Board for the Protection of Aborigines which subsequently developed into an extraordinary level of control of people's lives including regulation of residence, employment, marriage, social life and other aspects of daily life.
Aborigines Act 1910 (Vic)
With this document Victoria took a step away from the extreme control over Aboriginal people established in the 19th century. This law lessened, but did not remove, the legal distinction between the rights of the white population of the State and those of Indigenous people within Victoria's borders.
Aboriginal Lands Act 1970 (Vic)
This document changed Victoria’s law as the first Act to recognise Aboriginal people’s entitlement to land in the State. Under this Act the deeds of reserve land at Lake Tyers and Framlingham were transferred to the communities under Trusts established for this purpose.
The Australian Heritage Council Act
This act guides the Australian Heritage Council.
Australian Natural Heritage Charter
The Australian Natural Heritage Charter is a distillation of 'best practice' conservation principles for Australia, based on the consensus of a broad range of experts. It aims to assist everyone with an interest in natural places to establish their natural heritage values and manage them. It can be applied to a wide range of places whether terrestrial, marine or freshwater.
The charter acknowledges that in making decisions that will affect the future of a place, it is important to consider all of its heritage values - both natural and cultural. Issues relating to the conservation of cultural values may affect the selection of appropriate conservation processes, actions and strategies for the place's natural values. It is closely related to the Burra Charter and refers to the
http://www.ahc.gov.au/publications/anhc/preamble.html
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Federal Government Heritage Laws
ICOMOS and The Burra Charter
The Burra Charter provides guidance for the conservation and management of places of cultural significance (cultural heritage places). It guides the Australian chapter of the International Council on Monuments and Sites (ICOMOS). Australia ICOMOS acts as a national and international link between public authorities, institutions and individuals involved in the study and conservation of all places of cultural significance.
The Illustrated Burra Charter: Making good decisions about the care of important places
P Marquis-Kyle and M Walker, Australia ICOMOS, Sydney, 1992. Available from the Australia ICOMOS Secretariat, c/- Faculty of Arts, Deakin University, 221 Burwood Highway, Burwood, Victoria 3125 Tel (03) 9244 3938, email: clong@deakin.edu.au.
The Australian Heritage Council Act
This act guides the Australian Heritage Council.
Australian Natural Heritage Charter
The Australian Natural Heritage Charter is a distillation of 'best practice' conservation principles for Australia, based on the consensus of a broad range of experts. It aims to assist everyone with an interest in natural places to establish their natural heritage values and manage them. It can be applied to a wide range of places whether terrestrial, marine or freshwater.
The charter acknowledges that in making decisions that will affect the future of a place, it is important to consider all of its heritage values - both natural and cultural. Issues relating to the conservation of cultural values may affect the selection of appropriate conservation processes, actions and strategies for the place's natural values. It is closely related to the Burra Charter and refers to the
Federal Government Heritage Laws