Victorian Numbered Acts

ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - NOTES

Act No. 16/2006

__________________

Victoria

No. 16 of 2006

Aboriginal Heritage Act 2006^[†]

[Assented to 9 May 2006]

^[†]     Minister's second reading speech—

    Legislative Assembly: 6 April 2006

    Legislative Council: 3 May 2006

    The long title for the Bill for this Act was "to provide for the protection of Aboriginal cultural heritage in Victoria, to repeal the Archaeological and Aboriginal Relics Preservation Act 1972 and for other purposes."

INDEX

Subject	Section
Aboriginal cultural heritage
control of activities affecting	34
cultural heritage significance (def.)	4
definition	4
harm (def.)	4
harm permitted in certain circumstances	29
Museums Board may accept custody of	26
orders relating to repair or restoration; rehabilitation of land	30
principles	12
significance not affected by damage, modification	8
unlawful to harm, do acts likely to harm	27, 28
See also Aboriginal human remains; Aboriginal objects; Aboriginal places; Protection declarations; Stop orders; headings beginning with Cultural heritage
Aboriginal Heritage Council
acting members	136
Chairperson	131, 133, 138, 139
co-opted members	137
Council (def.)	4
Deputy Chairperson	138, 139
disclosure of interests	142
establishment	130
functions	132
immunity	141
membership	131
procedure	139
remuneration	134
resignation, removal	135
term of office	131
validity of decisions	140
See also Aboriginal parties; Cultural heritage management plans; Inspectors; Protection declarations
Aboriginal human remains
definition	4
human tissue (def.)	4
in custody of State	14, 15
ownership	13
reporting existence, location, nature of	17, 18
return of	15, 16
section 25 of Museums Act 1983 not to apply	26
seizure of	178–179
traditional or familial links to	7
transfer to, by Secretary	19, 20
Subject	Section
Aboriginal objects
buy (def.)	4
coastal waters of Victoria (def.)	4
continued use of surface of land allowed	25
definition	4
forfeiture to Crown	35
negotiation for return of secret or sacred	23
ownership, custody of secret or sacred	21, 22
possession	33
reporting discovery of	24
section 25 of Museums Act 1983 not to apply	26
seizure of	172–173, 178–179
sell (def.)	4
traditional or familial links to	7
See also Protection declarations
Aboriginal parties
functions	148
grant of land acquired compulsorily to	32
must act in good faith	149
referral of disputes by	113
registered Aboriginal parties (def.)	4
registration
applications by bodies corporate	150
date of effect	152
determination of applications	151
more than one body may be registered for a particular area	153
notice of determination	154
registered native title holders	151
review of decisions by VCAT	158
suspension, revocation	156–158
variation	155
relevant registered Aboriginal parties (def.)	4
See also Protection declarations; headings beginning with Cultural heritage
Aboriginal person (def.)	4
Aboriginal places
acquisition of land containing	31
continued use of surface of land allowed	25
definition	5
grant of land containing	32
native title parties for areas	6
reporting discovery of	24
traditional or familial links to	7
See also Protection declarations
Aboriginal tradition (def.)	4
Act
amendment of other Acts	197, 198, Sch. 2
commencement	2
Coroners Act 1985 not affected by operation of	9
Crown bound by	11
native title rights, interests not affected by	10
Subject	Section
objectives	3
purpose	1
repeal	195
report on operation of	192
review of operation of	193
saving and transitional provisions	196, Sch. 1
Activity (def.)	4
Alternative dispute resolution	111–115
Council See Aboriginal Heritage Council
Cultural heritage advisors	4, 58, 83, 189
Cultural heritage agreements
amendment	71, 75, 79
cancellation	75, 79
come into effect	73
consent of registered Aboriginal parties required	72
definition	68
duration of	74
form of	70
lodgement with Secretary	75
orders regarding tax, rate remissions	191
parties to	69
registration of	76–79
Cultural heritage audits
approval of reports of	85, 86
conduct of	83
definition	80
Minister may order	81, 82
notification of registered Aboriginal parties	86
reports	84
subject matter, timing of	82
See also Stop orders
Cultural heritage management plans
alternative dispute resolution	111–115
amendment by Minister as result of audit	86
application of Division 3 Part 4	51
approval, refusal to approve
by Council	66
by registered Aboriginal parties	62, 63
by Secretary	65
approved cultural heritage management plans (def.)	4
assessment documentation to be given to Secretary	67
assessment procedure	43
dates of effect	64–66
definitions	42, 50
direction by Minister to prepare	48
discontinuance of	67
engagement of cultural heritage advisors	58
mandatory requirement for	46
matters to be considered	61
must be prepared before statutory authorisation for activity is granted	52
notice of intention to prepare	54
Subject	Section
preparation in accordance with prescribed standards	53
referral of disputes regarding	63
registered Aboriginal parties
consultation, participation of	60
evaluation by	55
notification of intentions	56
obligations of	59
to be notified of	54, 57
regulations may require preparation of	47
required if Environment Effects Statement is required	49
review by VCAT	116–120
sponsors	4, 44, 59
voluntary preparation	45
Cultural heritage permits
applications	36
conditions	39, 41
contravention	34
definition	4
fees	36
grant, refusal	40
referral of applications to registered Aboriginal parties	38–40
restrictions on grant	37
review by VCAT	121–124
Definitions	4, 5, 10, 34, 35, 48, 49, 50, 67, 71, 102, 108, 111, 114, 125, 173, 179, 184, Sch. 1
Development (def.)	4
Environment Effects Act 1978	49
Evidence	187
Inspectors
appointment	160
cessation of appointment	163
definition	4
functions	159
identity cards	164, 165
obstruction, hindrance of	185
powers
affidavits	182
cultural heritage audits	83, 84, 169
information required	180–181
of entry	166–169, 184
search, seizure	170–172, 176–179
search warrants	173–175
stop orders	87, 90, 93, 94
re-appointment	161
suspension, revocation of appointment	162
Interim protection declarations See Protection declarations
Subject	Section
Land Acquisition and Compensation Act 1986	31
Mediation See Alternative dispute resolution
Minister
delegation	188
powers regarding
Aboriginal Heritage Council	131, 134–137
Aboriginal human remains	14, 16
acquisition of land containing Aboriginal places	31
appointment of inspectors	160–162
cultural heritage advisors	189
cultural heritage audits	81–82, 85–86
cultural heritage management plans	46, 48
protection declarations	96, 98–101, 103, 105–107
return of secret, sacred Aboriginal objects	23
review of operation of Act	193
stop orders	87, 88, 90–94
tax and rate remissions	191
Museum of Victoria	4
Museums Board	4, 14, 15, 26
Native title	4, 6, 10, 151, 156
Offences and penalties
institution of proceedings for	186
regarding
Aboriginal cultural heritage	27, 28, 34
Aboriginal human remains	17, 19
Aboriginal places, objects	24, 33, 34
cultural heritage audits	83
cultural heritage management plans	48, 67
false, misleading information	183
impersonation, obstruction, hindrance of inspectors	185
non-compliance with inspectors	180, 181
protection declarations	102, 108, 110
return of identity cards by inspectors	164
seized items	177
stop orders	95
Ongoing protection declarations See Protection declarations
Protection declarations
effect of	109
fixing of notices regarding	110
interim
amendment, revocation	99
consultation	100
contents	97
contravention of	102
duration of operation	98
extension	98
making by Minister	96
notification of proposals	100
publication	101
Subject	Section
ongoing
amendment, revocation	105
consultation	106
contents	104
contravention of	108
making by Minister	103
notification of proposals	106
publication	107
tax, rate remissions	191
review by VCAT	125–129
Public entities	34
Register See Victorian Aboriginal Heritage Register
Registered Aboriginal parties See Aboriginal parties
Regulations	47, 194
Repeal	195
Review See Victorian Civil and Administrative Tribunal
Saving and transitional provisions	196, Sch. 1
Search and seizure	167, 170–172, 176–179
Search warrants	173–175
Secretary
definition	4
delegation	188
functions, general powers	143
powers and duties regarding
Aboriginal human remains	17–20, 178
approval and publication of forms	190
cultural heritage agreements	69, 76–79
cultural heritage audits	81, 83, 86
cultural heritage management plans	44, 57, 65, 66
cultural heritage permits	36, 38, 40, 41
identity cards for inspectors	164
institution of proceedings	186
protection declarations	110
report on operation of Act	192
Victorian Aboriginal Heritage Register	144–147, 154–156
State entities	4, 21, 22
Stop orders
contravention	95
delivery of	90
duration	91
effect of	89
extension	92
further stop orders	94
issue	87
required for cultural heritage audits	88
revocation	93
Tribunal See Victorian Civil and Administrative Tribunal
Use (def.)	4
Subject	Section
Victorian Aboriginal Heritage Register
access to	146
contents	145
establishment	144
provision of information about	147
Register (def.)	4
Victorian Civil and Administrative Tribunal
review of decisions regarding
cultural heritage management plans	116–120
cultural heritage permits	121–124
protection declarations	125–129
suspension, revocation of registration of Aboriginal parties	158
Works (def.)	4