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 and
- clearer powers for Inspectors and increased fees and charges for breaches of the Act.
For documents relating to the administration of the Act see Aboriginal Heritage Act – Guides and forms.
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 and charges.
Aboriginal Heritage Planning Tool
A simple way to check whether a Cultural Heritage Management Plan is required for a proposed activity is to use the Aboriginal Heritage Planning Tool and read When will a Cultural Heritage Management Plan be required?
Contact Us
For inquiries relating to the administration of the Aboriginal Heritage Act 2006 please contact us or email Heritage Services.
Further Reading
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The Victorian Parliamentary Library Services, The Aboriginal Heritage Bill 2006. Parliamentary Research Service. D-Brief No. 2, 2006.
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The second reading speech and the explanatory memorandum for the Aboriginal Heritage Bill is available on the Victorian Legislation and Parliamentary documents website.