Victorian Numbered Acts

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ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 146

Who may access the Register?

    (1)     The Secretary must allow any of the following persons or bodies to have access to the Register but only for the purpose set out for that person or body—

        (a)     a registered Aboriginal party or a person authorised in writing by a registered Aboriginal party—for the purpose of obtaining information relating to the area or areas in respect of which the registered Aboriginal party is registered;

        (b)     a member of the Council or a public sector employee (within the meaning of the Public Administration Act 2004 ) whose duties involve the administration of this Act—for the purpose of managing Aboriginal cultural heritage in Victoria or maintaining and updating the Register;

        (c)     a person engaged as a cultural heritage advisor for a cultural heritage management plan or a cultural heritage audit—for the purpose of conducting research related to the cultural heritage management plan or the cultural heritage audit;

        (d)     a land owner—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the owner's land;

        (e)     a person who, or a body that, has the control and management of Crown land—for the purpose of obtaining information to assist or enable the person or body to carry out functions or duties associated with the control and management of the land;

        (f)     a person appointed or employed under Division 3 of Part 4 of the Local Government Act 1989 —for the purpose of carrying out functions or duties associated with the person's employment;

        (g)     a cultural heritage advisor appointed by a proposed developer, purchaser or user of land or by a person specified under paragraph (d), (e) or (f) in relation to land—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the land.

    (2)     The Secretary must not allow any other person to have access to the Register except—

        (a)     if there is a registered Aboriginal party for the area relating to the request, with the written approval of each registered Aboriginal party for that area; or

        (b)     if there is no registered Aboriginal party for the area relating to the request, with the written approval of the Council.



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