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ABORIGINAL HERITAGE ACT 2006 (NO 16 OF 2006) - SECT 4

Definitions

    (1)     In this Act—

"Aboriginal cultural heritage" means Aboriginal places, Aboriginal objects and Aboriginal human remains;

"Aboriginal human remains" means the whole or part of the bodily remains of an Aboriginal person but does not include—

        (a)     a body, or the remains of a body, buried in a public cemetery (within the meaning of the Cemeteries and Crematoria Act 2003 ) that is still used for the interment of human remains; or

        (b)     an object made from human hair or from any other bodily material that is not readily recognisable as being bodily material; or

        (c)     any human tissue

              (i)     dealt with or to be dealt with in accordance with the Human Tissue Act 1982 or any other law of a State, a Territory or the Commonwealth relating to medical treatment or the use of human tissue; or

              (ii)     otherwise lawfully removed from an Aboriginal person;

"Aboriginal object" means—

        (a)     an object in Victoria or the coastal waters of Victoria that—

              (i)     relates to the Aboriginal occupation of any part of Australia, whether or not the object existed prior to the occupation of that part of Australia by people of non-Aboriginal descent; and

              (ii)     is of cultural heritage significance to the Aboriginal people of Victoria; or

        (b)     an object, material or thing in Victoria or the coastal waters of Victoria

              (i)     that is removed or excavated from an Aboriginal place; and

              (ii)     is of cultural heritage significance to the Aboriginal people of Victoria—

but does not include—

        (c)     an object that has been made, or is likely to have been made, for the purpose of     sale (other than an object made for     barter or exchange in accordance with Aboriginal tradition); or

        (d)     Aboriginal human remains;

"Aboriginal person" means a person belonging to the indigenous peoples of Australia, including the indigenous inhabitants of the Torres Strait Islands, and any descendants of those peoples;

"Aboriginal place" has the meaning given by section 5;

"Aboriginal tradition" means—

        (a)     the body of traditions, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people; and

        (b)     any such traditions, observances, customs or beliefs relating to particular persons, areas, objects or relationships;

"activity" means the development or use of land;

"approved cultural heritage management plan" means a cultural heritage management plan approved under this Act;

"approved form" means a form approved by the Secretary under section 190;

"buy" , in relation to an Aboriginal object, means—

        (a)     acquire by purchase, barter or exchange; or

        (b)     agree, or offer, to acquire by purchase, barter or exchange; or

        (c)     advertise for the purpose of engaging in purchase, barter or exchange;

"coastal waters of Victoria" has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

"contravene" includes fail to comply with;

"Council" means the Aboriginal Heritage Council established under Part 9;

"cultural heritage advisor" means a person who has the qualifications or experience (or both) required under section 189;

"cultural heritage agreement" has the meaning given by section 68;

"cultural heritage audit" has the meaning given by section 80;

"cultural heritage management plan" has the meaning given by section 42;

"cultural heritage permit" means a cultural heritage permit granted under this Act;

"cultural heritage significance" includes—

        (a)     archaeological, anthropological, contemporary, historical, scientific, social or spiritual significance; and

        (b)     significance in accordance with Aboriginal tradition;

"Department" means the Department for Victorian Communities;

"development" , in relation to land, includes the following kinds of development

        (a)     the construction or exterior alteration or exterior decoration of a building;

        (b)     the demolition or removal of a building or works;

        (c)     the construction or carrying out of works;

        (d)     the subdivision or consolidation of land, including buildings and airspace;

        (e)     the placing or relocation of a building or works on land;

        (f)     the construction or putting up for display of signs or hoardings;

"harm" , in relation to Aboriginal cultural heritage, includes injure, damage, deface, desecrate or destroy;

"human tissue" includes an organ, or part, of a human body or a substance extracted from, or from a part of, a human body;

"inspector" means an inspector appointed under Part 11;
s. 4

"interim protection declaration" means an interim protection declaration made under this Act;

"Museum of Victoria" means the premises from time to time used by the Museums Board for its activities under the Museums Act 1983 ;

"Museums Board" means the Museums Board of Victoria established by section 10 of the Museums Act 1983 ;

"Native Title Act" means the Native Title Act 1993 of the Commonwealth;

"native title agreement" means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Native Title Act ;

"native title party" has the meaning given by section 6;

"ongoing protection declaration" means an ongoing protection declaration made under this Act;

"Register" means the Victorian Aboriginal Heritage Register established under section 144;

"registered Aboriginal party" means a body that is registered under Part 10;

"registered native title body corporate" has the same meaning as in the Native Title Act;

"registered native title claimant" has the same meaning as in the Native Title Act;

"registered native title holder" means—

        (a)     a registered native title body corporate; or

        (b)     an entity, other than a registered native title body corporate, that is the subject of a determination of native title under the Native Title Act and is registered on the National Native Title Register established under that Act as holding native title rights and interests;

"relevant registered Aboriginal party" means—

        (a)     in relation to a cultural heritage management plan, a registered Aboriginal party that is registered for the area to which the plan relates;

        (b)     in relation to a cultural heritage agreement, a registered Aboriginal party that is a party to the agreement;

        (c)     in relation to a cultural heritage permit, a registered Aboriginal party that, under section 39, provides advice to the Secretary on the application for the permit;

        (d)     in relation to an interim or ongoing protection declaration or an application for that declaration, a registered Aboriginal party for the area

              (i)     in which the Aboriginal place to which the declaration or application relates is located; or

              (ii)     from which the Aboriginal object to which the declaration or application relates originated;

        (e)     in any other case, a registered Aboriginal party that the Secretary is satisfied is a relevant registered Aboriginal party in the circumstances of that case;

"sacred" means sacred according to Aboriginal tradition;

"secret" means secret according to Aboriginal tradition;
s. 4

"Secretary" means the Secretary to the Department;

"sell" , in relation to an Aboriginal object, means—

        (a)     dispose of by sale, barter or exchange; or

        (b)     agree, or offer, to dispose of by sale, barter or exchange; or

        (c)     advertise or expose for the purpose of sale, barter or exchange; or

        (d)     consign, or have possession of on consignment, for the purpose of sale, barter or exchange;

"sponsor" , in relation to a cultural heritage management plan, means—

        (a)     if the plan is required under this Act in relation to an activity, the person who is seeking to undertake that activity; and

        (b)     in any other case, the person seeking the preparation of the plan;

"State entity" means a person or body that represents the State;

"stop order" means a stop order issued under Part 6;

"traditional or familial links" has the meaning given by section 7;

"use" , in relation to land, includes use or proposed use for the purpose for which the land has been, is being or may be developed;

"works" includes—

        (a)     any physical intervention, excavation or action that may result in a change to the structure, appearance or physical nature of a place; and

        (b)     any change to the natural or existing condition or topography of land; and

        (c)     the removal or destruction of trees; and

        (d)     the removal of vegetation or topsoil.

    (2)     If under the Public Administration Act 2004 the name of the Department for Victorian Communities is changed, a reference in the definition of "Department" in sub-section (1) to that Department must, from the date when the name is changed, be treated as a reference to that Department by its new name.

    (3)     For the purposes of this Act, an object originates from an area whether it is still in its original location in that area or has been removed from that location.



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