Cultural Heritage Permits
For activities which do not require a Cultural Heritage Management Plan the Aboriginal Heritage Act 2006 has cultural heritage permit processes. Cultural Heritage Permits allow for smaller activities that may harm Aboriginal cultural heritage to proceed while minimising or negating their impact or potential for impact. Heritage Inspectors can check that the conditions of a Cultural Heritage Permit are complied with and have the power to issue a stop order if compliance is not occurring.
A person must apply to the Secretary of the Department of Planning and Community Development if they are proposing to:
- Disturb or excavate land to uncover or discover Aboriginal cultural heritage
- Carry out scientific research on an Aboriginal place
- Carry out an activity that will or may harm Aboriginal cultural heritage, for example, removing a scarred tree
- Buy or sell an Aboriginal object (where it was not made for the purpose of sale)
- Remove an Aboriginal cultural heritage object from Victoria
The relevant RAP may object to the granting of a Cultural Heritage Permit or may request that conditions be placed on it. The Secretary must refuse to grant a Cultural Heritage Permit if the RAP objects to it within 30 days of receiving the application from the Secretary. A refusal of a permit or the inclusion of a specific condition can be appealed to the Victorian Civil and Administrative Tribunal.
Where a Cultural Heritage Permit is granted the Secretary must also include any reasonable conditions recommended by the RAP. Read the Information sheet about Cultural Heritage Permits (PDF 42 KB) or (Word 171 KB).