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ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 132

Functions of the Council

    (1)     The Council has the following functions—

        (a)     at the Minister's request or on its own initiative, to advise the Minister in relation to the protection of Aboriginal cultural heritage in Victoria, including advising the Minister about—

              (i)     the cultural heritage significance of any Aboriginal human remains or Aboriginal place or object;

              (ii)     measures for the effective protection and management of Aboriginal cultural heritage in Victoria, including the management of culturally sensitive information relating to that heritage;

              (iii)     measures to promote the role of Aboriginal people in the protection and management of Aboriginal cultural heritage and in the administration of this Act;

              (iv)     the standards of knowledge, experience, conduct and practice required of persons engaged in research into Aboriginal cultural heritage;

              (v)     the training and appointment of inspectors under this Act;

              (vi)     any other matters referred to the Council by the Minister;

        (b)     at the Minister's request, to advise and make recommendations to the Minister on the exercise of his or her powers under this Act, including advising the Minister about—

              (i)     the application of interim or ongoing protection declarations;

              (ii)     a proposal by the Minister to require a cultural heritage management plan to be prepared;

              (iii)     whether a cultural heritage audit is necessary;

              (iv)     whether the compulsory acquisition of land is appropriate in any particular case;

              (v)     any other matter relating to the exercise of his or her powers under this Act that the Minister requests the Council to consider;

        (c)     to advise the Secretary

              (i)     on measures to establish appropriate standards and guidelines for the payment to registered Aboriginal parties of fees for doing anything referred to in section 60;

              (ii)     at the Secretary's request, on the exercise of his or her powers under this Act in relation to cultural heritage permits, cultural heritage management plans and cultural heritage agreements.

    (2)     The Council has the following additional functions—

        (a)     to receive and determine applications for the registration of Aboriginal parties under Part 10;

        (b)     to consider for approval     proposed cultural heritage management plans for which the Secretary is the sponsor, in the circumstances set out in section 66 ;

        (c)     to develop     measures to promote public awareness and understanding of Aboriginal cultural heritage in Victoria;

        (d)     to carry out any other functions conferred on the Council under this Act.

    (3)     The Council has all the powers necessary to carry out its functions under this Act.



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