Heritage

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Review of the Aboriginal Heritage Regulations 2007

In 2017 Aboriginal Victoria carried out a review of the operation of the Aboriginal Heritage Regulations 2007.

On 25 May 2017 the Aboriginal Heritage Regulations 2007 sunset after 10 years of operation. The Subordinate Legislation (Aboriginal Heritage Regulations 2007) Extension Regulations 2017 came into effect on 25 May 2017 and extended the operation of the Aboriginal Heritage Regulations 2007 for 12 months.

Aboriginal Victoria carried out the review to ensure any new regulations are justifiable and present the most effective and efficient form of regulation available. The review informed how any new regulation might be improved to better achieve the desired benefits and reduce the costs they impose.

Regulatory Impact Statement for the Aboriginal Heritage Regulations 2018

A Regulatory Impact Statement (RIS) was prepared for the Aboriginal Heritage Regulations 2018 (the Regulations). The proposed Regulations were also been drafted; these reflected Aboriginal Victoria’s preferred option as outlined in the RIS.

Regulatory Impact Statement for the Aboriginal Heritage Regulations 2018 Regulatory Impact Statement for the Aboriginal Heritage Regulations 2018DOC (741.57 KB) Draft Aboriginal Heritage Regulations 2018 Draft Aboriginal Heritage Regulations 2018DOC (112.63 KB) OCBR Assessment Letter – Aboriginal Heritage Regulations OCBR Assessment Letter – Aboriginal Heritage RegulationsPDF (242.09 KB)

The proposed Regulations would replace, with amendments, the Aboriginal Heritage Regulations 2007.

The objectives of the Aboriginal Heritage Regulations 2018 are to:

  • specify the circumstances in which a cultural heritage management plan is required, and prescribe the standards for the preparation of a cultural heritage management plan and the carrying out of assessments
  • prescribe the standards for the preparation of a preliminary Aboriginal heritage test, including the carrying out of assessments
  • prescribe fees related to cultural heritage management plans, preliminary Aboriginal heritage tests, cultural heritage permit applications, and access to information held in the Victorian Aboriginal Heritage Register
  • generally give effect to the Aboriginal Heritage Act 2006

The RIS examines the costs and benefits of the proposed Regulations and possible alternatives; and concludes that the proposed Regulations are the most efficient way to achieve the objectives.

Discussion paper

Aboriginal Victoria released a discussion paper on 10 August 2017.

The discussion paper was designed to help people have their say on the operation of the Aboriginal Heritage Regulations 2007 and to assist in preparing submissions for the review.

Discussion paper on the Review of the Aboriginal Heritage Regulations 2007 Discussion paper on the Review of the Aboriginal Heritage Regulations 2007DOC (144.13 KB)

Submissions received

Aboriginal Victoria received 9 submissions in response to the Discussion Paper.

Urban Development Institute of Australia submission.pdf Urban Development Institute of Australia submissionPDF (812.86 KB) City of Whittlesea submission City of Whittlesea submissionPDF (190.99 KB) Construction Material Processors Association submission.pdf Construction Material Processors Association submissionPDF (177.92 KB) Municipal Association of Victoria submission Municipal Association of Victoria submissionPDF (1.17 MB) Minerals Council of Australia - Victorian Division submission Minerals Council of Australia - Victorian Division submissionPDF (303.59 KB) Parks Victoria submission Parks Victoria submissionPDF (166.24 KB) RAP Working Group Members submission RAP Working Group Members submissionPDF (349.67 KB) VicRoads submission VicRoads submissionPDF (58.7 KB)City of Greater Geelong Submission City of Greater Geelong SubmissionPDF (88.04 KB)