These FAQs are derived from Aboriginal Sites on Private Property mini-poster; one of a set of 15 Aboriginal heritage mini-posters produced by Aboriginal Affairs Victoria.
Aboriginal people have lived in southern Australia, including what is now Victoria, for many thousands of years. During that time, they left physical evidence of their activities which now survive as cultural heritage sites or artifacts. Examples include shell middens, scatters of stone artifacts, oven mounds, stone quarries, rock art sites, fish traps, scarred trees, stone arrangements and places of burial.
There are Aboriginal cultural heritage sites all over Victoria. They are most common near rivers, lakes, swamps and the coast. There may be sites on your property. For for further in formation on Aboriginal heritage sites and artifacts in the region see the sites and artifacts pages.
All Aboriginal cultural sites and places in Victoria are protected by law. Aboriginal artifacts are also protected. It is against the law to disturb or destroy an Aboriginal site. Artifacts should not be removed from sites.
Aboriginal sites are a precious part of the heritage of the whole community. They are of immense cultural, scientific, educational and historic interest.
Aboriginal heritage sites and places provide Aboriginal people today with an important link to their culture and their past.
Aboriginal sites and places are also fragile. When they are destroyed or damaged, information about past cultural and environmental changes may be lost forever. In many cases, information about the past occupation of Australia can only be obtained through the archaeological investigation of these sites.
Generally no. Only vacant Crown land may be subject to a native title claim. Freehold land, which is almost all private property, is not subject to native title claims even if Aboriginal sites are present. In general, having Aboriginal cultural sites on your land will not affect ownership, or stop existing land use from continuing.
Erosion and other natural processes threaten some Aboriginal sites. Human activities may also be a threat, particularly major changes to the way land is used, such as development.
Sites that have survived many decades of agriculture generally will not be further disturbed by the continuation of the pre-existing land use practices. In many cases, sound land management has helped preserve Aboriginal sites. Major changes to the landscape, such as leveling dunes or clearing native bushland, may damage Aboriginal sites. Some practices such as ripping to destroy rabbit burrows may also be undesirable in areas that contain Aboriginal sites. Other practices may cause a gradual decline in the condition of some types of sites. For example, an Aboriginal occupation mound of surface scatter may survive ploughing or stock trampling to some degree, but will undergo a steady decline in condition over time.
Aboriginal Affairs Victoria is the State Government agency which is responsible for Aboriginal sites. Aboriginal Affairs Victoria has a register of Aboriginal sites, and records and protects sites.
Only if the land owner gives permission, and if administrative requirements are met. Many sites have only survived because private land owners have not permitted public access. It is illegal to excavate sites without consent from the relevant local Aboriginal community and Aboriginal Affairs Victoria.
No. The law does not prevent people from keeping Aboriginal artifacts However, artifacts (other than those originally made for sale) may not be bought or sold without a permit from Aboriginal Affairs Victoria. Owners of collections of Aboriginal artifacts can ask Aboriginal Affairs Victoria to document their collections. There is no charge for this service.
Yes. It is illegal to possess or display Aboriginal skeletal remains without a permit. Anyone who has such remains is advised to contact Aboriginal Affairs Victoria, so that arrangements can be made for their appropriate treatment.
Aboriginal Affairs Victoria will receive unwanted collections of Aboriginal artifacts Such collections will be documented, then transferred to an appropriate keeping place or museum for storage or display.