Heritage

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Amendments to the Aboriginal Heritage Act 2006 and Aboriginal Heritage Regulations 2007

Aboriginal Heritage Amendment Regulations 2018

In order to clarify and emphasise the sensitivity of certain land forms for Aboriginal cultural heritage, such as Port Phillip Bay, the terms 'any sea within the limits of Victoria' have been included in Regulations 8A and 8B of the Aboriginal Heritage Regulations 2007. As a result, land within 200 metres of Port Phillip Bay is not exempt from the requirement to undertake a cultural heritage management plan where three or more dwellings on a small lot, or a small subdivisions are proposed.

Aboriginal Heritage Amendment Act 2016 key changes

The Aboriginal Heritage Amendment Act 2016 has made changes to the Aboriginal Heritage Act 2006.

Preliminary Aboriginal Heritage Test

A Preliminary Aboriginal Heritage Test (PAHT) is a voluntary process to help you find out if your proposed activity requires you to prepare a Cultural Heritage Management Plan.

How can I apply?

You can apply to the Secretary for certification or refusal of a PAHT. An application to the Secretary to certify a PAHT must be made in the prescribed form and accompanied by the prescribed fee.

A certified PAHT can be provided to the relevant statutory authority (for example a municipal council) to assist with planning permit application processes.

For further information see Aboriginal Heritage Management - Guides, Forms and Practice Notes.

Aboriginal Cultural Heritage Land Management Agreement

An Aboriginal Cultural Heritage Land Management Agreement (ACHLMA) is a written agreement between a public land manager and a Registered Aboriginal Party (RAP) for the purposes of managing and protecting Aboriginal cultural heritage during low-medium impact land management activities.

An ACHLMA cannot be prepared for an activity that requires a Cultural Heritage Management Plan.

For further information see Aboriginal Heritage Management - Guides, Forms and Practice Notes.

Aboriginal Intangible Heritage and Aboriginal Intangible Heritage Agreements

A Registered Aboriginal Party (RAP) registered native title holder or a Traditional Owner group may apply to register Aboriginal Intangible Heritage.

Aboriginal Intangible Heritage means any knowledge of/or expression of Aboriginal tradition, including:

  • oral and expressions (including language, songs and stories)
  • performing arts (vocal and instrumental music, dance and performance)
  • social practices, rituals and festive events
  • knowledge and practices concerning nature and the universe (including environmental and ecological knowledge) and/or
  • visual arts and craftsmanship (skills and knowledge involved in their production)

Aboriginal Intangible Heritage Agreements allow Traditional Owners to decide on whether and how their traditional knowledge is used.

For further information see Aboriginal Heritage Management - Guides, Forms and Practice Notes.

Find out about changes to the Aboriginal Heritage Amendment Act 2016:Aboriginal Heritage Amendment Act 2016 Summary information sheet Aboriginal Heritage Amendment Act 2016 Summary information sheetDOC (76.49 KB)

Read the Aboriginal Heritage Amendment Act 2016, Explanatory Memorandum and the Second Reading Speech.

Aboriginal Heritage Act 2006

The Aboriginal Heritage Act 2006 acts primarily to provide for the protection of Aboriginal cultural heritage in Victoria.

The Aboriginal Heritage Regulations 2007 gives effect to the Act. The Regulations prescribe standards, set out the circumstances in which a Cultural Heritage Management Plan should be prepared and set fees and charges. The Regulations should be read in conjunction with the Act.

Who and what helps carry out the Act?

This Act allows several different organisations, groups and bodies to connect and better enforce and preserve policies regarding Aboriginal Heritage. It does this through:

Contact us

For inquiries relating to the administration of the Act, email Aboriginal.Heritage@dpc.vic.gov.au or phone 1800 762 003.