ABORIGINAL HERITAGE ACT 2006
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Objectives
- 4 Definitions
- 5 What is an Aboriginal place?
- 6 Who is a native title party for an area?
- 7 Traditional owners
- 8 Heritage significance not affected by damage
- 9 Act does not affect operation of Coroners Act 2008
- 10 Native title rights and interests
- 11 Act binds the Crown
Division 1--Underlying principles
- 12 Principles
Division 2--Aboriginal ancestral remains
- 14 Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities
- 17 Reporting Aboriginal ancestral remains by persons other than coroner
- 18 Council must determine how to act on report
- 19 Transfer of Aboriginal ancestral remains to Council
- 19A Transfer of Aboriginal ancestral remains to Council by coroner
- 20 What must the Council do with transferred Aboriginal ancestral remains?
- 20A Reporting of interment of Aboriginal ancestral remains outside of an Aboriginal place
Division 3--Secret or sacred Aboriginal objects
- 21 Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016
- 21A Ownership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016
- 21B What must the Council do with transferred secret or sacred objects?
- 22 Return of secret or sacred objects by State entity
- 23 Return of secret or sacred objects by other entities
Division 4--Aboriginal places and objects
Division 5--Role of the Museums Board
- 26 Role of Museums Board
Division 1--Protection from harm
- 27 Harming Aboriginal cultural heritage unlawful
- 28 A person must not harm Aboriginal cultural heritage
- 29 When is harm permitted?
- 30 Order to repair or restore Aboriginal cultural heritage
Division 2--Acquisition and grant of land
Division 3--Control of activities
- 33 Possession of Aboriginal object
- 34 Control of activities
- 34A Surveys for Aboriginal cultural heritage
- 35 Forfeiture of Aboriginal object to Crown
Division 4--Cultural heritage permits
- 35A Definition
- 36 Application for cultural heritage permit
- 37 Restrictions on grant of permit
- 40 Determination of application
- 41 Conditions on cultural heritage permits
- 41A Offence to fail to comply with cultural heritage permit
- 41B Transfer of cultural heritage permits
- 41C Amendments to cultural heritage permits
- 41D Taking effect of cultural heritage permits
PART 4--CULTURAL HERITAGE MANAGEMENT PLANS
Division 1--What is a cultural heritage management plan?
- 42 What is a cultural heritage management plan?
- 43 Procedure for assessment
- 44 Who may prepare a plan?
- 45 Voluntary cultural heritage management plan
- 45A Amendments to approved cultural heritage management plans
Division 2--When is a cultural heritage management plan required?
- 46 Mandatory cultural heritage management plans
- 47 Regulations may require plan
- 48 Minister may require plan
- 49 Plan required if Environment Effects Statement required
- 49A Plan required if impact management plan or comprehensive impact statement is required
Division 2A--Preliminary Aboriginal heritage tests
- 49B Application for certification of preliminary Aboriginal heritage test
- 49C Certification of preliminary Aboriginal heritage test
Division 3--Other authorisations suspended until plan prepared
Division 4--Preparation of cultural heritage management plans
- 53 Cultural heritage management plan to be prepared in accordance with prescribed standards
- 54 Notice of intention to prepare cultural heritage management plan
- 55 Registered Aboriginal parties may elect to evaluate plan
- 56 Sponsor to notify Secretary of intention of registered Aboriginal party
- 57 Newly registered Aboriginal parties
- 58 Engagement of heritage advisor
- 59 Obligations of sponsor and registered Aboriginal party
- 60 Registered Aboriginal party may also advise
- 60A Activity advisory groups
Division 5--Approval of cultural heritage management plans
- 61 Matters to be considered in relation to a plan
- 62 Application to registered Aboriginal party for approval
- 63 Decision by registered Aboriginal party
- 64 When does a plan approved by a registered Aboriginal party take effect?
- 65 Approval by Secretary
- 66 Approval by Council
- 66A Amendments to approved cultural heritage management plans
Division 6--General
- 67 Sponsor must give assessment documentation to Secretary
- 67A Sponsor must comply with approved cultural heritage management plan
PART 5--CULTURAL HERITAGE AGREEMENTS
Division 1--Making and amendment of agreements
- 68 What is a cultural heritage agreement?
- 69 Parties to a cultural heritage agreement
- 70 Form of cultural heritage agreement
- 71 Amendment of cultural heritage agreement
- 72 Agreement of no effect without consent of registered Aboriginal parties
- 73 When does a cultural heritage agreement begin?
- 74 When does a cultural heritage agreement end?
Division 1A--Aboriginal cultural heritage land management agreements
- 74A What is an Aboriginal cultural heritage land management agreement?
- 74B Aboriginal cultural heritage land management agreement to be prepared in accordance with prescribed standards
- 74C Conditions of Aboriginal cultural heritage land management agreement
- 74D Notice of intention to enter into an Aboriginal cultural heritage land management agreement
- 74E Copy of Aboriginal cultural heritage land management agreement must be given to Secretary
- 74F Amendments to Aboriginal cultural heritage land management agreements
- 74G Offence to fail to comply with Aboriginal cultural heritage land management agreement
- 74H Application of Aboriginal cultural heritage land management agreement if registration of registered Aboriginal party revoked or suspended
- 74I When does an Aboriginal cultural heritage land management agreement begin?
- 74J When does an Aboriginal cultural heritage land management agreement end?
Division 2--Lodgement and registration of agreements
- 75 Cultural heritage agreements to be lodged with Secretary
- 76 Registration of cultural heritage agreements
- 77 Effect of registration
- 78 Governor in Council may release covenant
- 79 Cancellation or amendment of registration
PART 5A--ABORIGINAL INTANGIBLE HERITAGE
- 79A Application of Part
- 79B What is Aboriginal intangible heritage?
- 79C Registration of Aboriginal intangible heritage
- 79D Aboriginal intangible heritage agreements
- 79E Form of Aboriginal intangible heritage agreement
- 79F Registration of Aboriginal intangible heritage agreements
- 79G Offence to use registered Aboriginal intangible heritage for commercial purposes
- 79H Offence to fail to comply with a registered Aboriginal intangible heritage agreement
- 79I Application of Aboriginal intangible heritage agreement if registration of certain parties revoked or suspended
- 79J When does an Aboriginal intangible agreement begin?
- 79K When does an Aboriginal intangible heritage agreement end?
- 79L Evidentiary provision regarding Aboriginal intangible heritage
PART 6--CULTURAL HERITAGE AUDITS, STOP ORDERS AND IMPROVEMENT NOTICES
Division 1--Cultural heritage audits
- 80 What is a cultural heritage audit?
- 81 When can a cultural heritage audit be ordered?
- 82 Requirement of cultural heritage audit
- 83 Conduct of cultural heritage audit
- 84 Report of cultural heritage audit
- 85 Approval of report of audit
- 86 Notification and effect of approval
Division 2--Stop orders
- 87 When can a stop order be issued?
- 88 Stop order required for cultural heritage audit
- 89 What can a stop order do?
- 90 How is a stop order delivered?
- 91 How long does a stop order operate?
- 92 Extension of stop order
- 93 Revocation of stop order
- 94 Further stop order
- 95 Offence to fail to comply with stop order
Division 3--24-hour stop orders
- 95A 24-hour stop orders
- 95B Cancellation of 24-hour stop order
- 95C Offence to fail to comply with 24-hour stop order
Division 4--Improvement notices
- 95D Improvement notices
- 95E Proceedings for offences not affected by improvement notices
- 95F Offence to fail to comply with improvement notice
- 95G Amendment of improvement notices
- 95H Cancellation of improvement notices
PART 7--PROTECTION DECLARATIONS
Division 1--Interim protection declarations
- 96 Interim protection declarations
- 97 What must an interim protection declaration provide for?
- 98 Period of interim protection declaration
- 99 Amendment or revocation of interim protection declaration
- 100 Minister to consult
- 101 Publication of declaration
- 102 Offence to contravene interim protection declaration
Division 2--Ongoing protection declarations
- 103 Ongoing protection declarations
- 104 What must an ongoing protection declaration provide for?
- 105 Amendment or revocation of ongoing protection declaration
- 106 Minister to consult
- 107 Publication of declaration
- 108 Offence to contravene ongoing protection declaration
Division 3--General
PART 8--DISPUTES REGARDING ABORIGINAL CULTURAL HERITAGEDivision 1--Disputes regarding cultural heritage management plans
- 111 Meaning of dispute
- 112 What alternative dispute resolution includes
- 113 Referral of disputes for alternative dispute resolution
- 114 Costs of alternative dispute resolution
- 115 Statements made during alternative dispute resolution not admissible
- 116 Sponsor may apply to VCAT
- 117 Parties to proceeding
- 118 Decision of VCAT
- 119 VCAT to consider certain matters
- 120 VCAT to be satisfied of certain matters
Division 2--Disputes regarding cultural heritage permits
- 121 Applicant for cultural heritage permit may apply to VCAT
- 122 Parties to proceeding
- 123 Decision of VCAT
- 124 VCAT to be satisfied of certain matters
Division 3--Disputes regarding protection declaration decisions
- 125 What is a protection declaration decision?
- 126 Review of protection declaration decisions
- 127 Parties to proceeding
- 128 Decision of VCAT
- 129 VCAT to have regard to certain matters
Division 1--Aboriginal Heritage Council
- 130 Establishment of Council
- 131 Membership
- 132 Functions of the Council
- 132A Delegation of Council's functions
- 133 Functions of the Chairperson
- 134 Payment of members
- 135 Resignation and removal
- 136 Acting members
- 137 Alternate members
- 137A Terms and conditions for alternate members
- 138 Election of Chairperson and Deputy Chairperson
- 139 Procedure of the Council
- 140 Effect of a vacancy or defect
- 141 Immunity from liability
- 142 Conflict of interest
- 142A Council advisory committees
- 142B Procedure for advisory committees
- 142C Remuneration
Division 2--The Secretary
Division 3--Victorian Aboriginal Heritage Register
- 144 Victorian Aboriginal Heritage Register
- 144A Purposes of the Register
- 145 What is in the Register?
- 146 Who may access the Register?
- 146A Accessing the Register for sensitive information
- 147 Secretary may provide advice to persons or bodies seeking access to Register
- 147A Offence to knowingly or recklessly use information for prohibited purposes
Division 1--Functions of registered Aboriginal parties
- 148 Functions of a registered Aboriginal party
- 149 Registered Aboriginal party must act in good faith
Division 2--Application and registration
- 150 Application for registration
- 151 Determination of application for registration
- 152 Effect of determination
- 153 Parties for area
- 154 Notice of determination
- 154A Conditions of registration
- 155 Variation of registration
- 156 Suspension and revocation of registration
- 157 Procedure for suspension or revocation of registration
- 158 Review of decisions of the Council
- 158A Further registration of existing registered Aboriginal parties
PART 10A--ABORIGINAL CULTURAL HERITAGE FUND
- 158B Establishment of Aboriginal Cultural Heritage Fund
- 158C Payments into Aboriginal Cultural Heritage Fund
- 158D Payments out of the Aboriginal Cultural Heritage Fund
- 158E Power of Council to borrow money
- 158F Power of Council to accept gifts
- 158G Acquisition and sale of land by Council
- 158H Rates of interest on loans
Division 1--Authorised officers
- 159 Functions of authorised officers
- 160 Appointment of authorised officers
- 161 Re-appointment of authorised officers
- 162 Suspension and revocation of appointment
- 163 Cessation of appointment
- 164 Identity cards
- 165 Authorised officer to produce identity card
Division 1A--Aboriginal heritage officers
- 165A Functions of Aboriginal heritage officers
- 165B Appointment of Aboriginal heritage officers
- 165C Suspension and revocation of appointment
- 165D Identity cards
- 165E Aboriginal heritage officer to produce identity card
Division 2--Powers of authorised officers and Aboriginal heritage officers
- 166 General power to enter land or premises
- 167 Obtaining the consent of the occupier
- 168 Power to enter land or premises open to public
- 169 Power to enter land or premises for audit
- 170 Search powers upon entry
- 171 Seizure powers on entry without search warrant
- 172 Seizure power without consent
- 173 Search warrants
- 174 Announcement before entry
- 175 Copy of search warrant to be given to occupier
- 176 Receipt for seized things
- 177 Security of seized things
- 178 Seizure of Aboriginal ancestral remains or object
- 179 Return of seized things
- 180 Authorised officer or Aboriginal heritage officer may require giving of name and address
- 181 Authorised officer or Aboriginal heritage officer may require information
- 182 Authorised officer may take affidavits
- 183 Person must not give false information etc.
Division 3--General
- 184 Report to be given about entry
- 185 Person must not impersonate, obstruct or hinder authorised officer or Aboriginal heritage officer
- 186 Who may prosecute?
- 187 Evidence
- 187A Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 187B Time for bringing proceedings
- 188 Delegation
- 189 Heritage advisor
- 190 Approval of forms
- 191 Tax and rate remissions
- 192 Report on operation of Act
- 194 Regulations