Victorian Numbered Acts

ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 58

After Division 1 of Part 5 of the Aboriginal Heritage Act 2006 insert —

" Division 1A—Aboriginal cultural heritage land management agreements

        74A     What is an Aboriginal cultural heritage land management agreement?

    (1)     A public land manager may enter into an Aboriginal cultural heritage land management agreement with a registered Aboriginal party for the purposes of managing or protecting Aboriginal cultural heritage in a specified area in the conduct of land management activities.

    (2)     An Aboriginal cultural heritage land management agreement must not deal with any activity for which a cultural heritage management plan is required under this Act.

        74B     Aboriginal cultural heritage land management agreement to be prepared in accordance with prescribed standards

Each party to an Aboriginal cultural heritage land management agreement must ensure that the agreement is prepared in accordance with the prescribed standards.

        74C     Conditions of Aboriginal cultural heritage land management agreement

An Aboriginal cultural heritage land management agreement must include the prescribed conditions (if any).

        74D     Notice of intention to enter into an Aboriginal cultural heritage land management agreement

    (1)     Before entering into an Aboriginal cultural heritage land management agreement, the registered Aboriginal party that is a party to the proposed agreement must give written notice to the Secretary of the party's intention to enter into the agreement.

    (2)     A notice under subsection (1) must include the following—

        (a)     the date by which the agreement is to be prepared;

        (b)     the parties to the agreement;

        (c)     any assessment to be undertaken as part of the agreement's preparation, including an assessment of an area to determine the nature of any Aboriginal cultural heritage in the area.

        74E     Copy of Aboriginal cultural heritage land management agreement must be given to Secretary

    (1)     A public land manager that has entered into an Aboriginal cultural heritage land management agreement must, within 14 days of entering into the agreement, give a copy of the relevant documentation to the Secretary.

    (2)     In this section—

relevant documentation means any site records, photographs, maps and plans relating to an Aboriginal cultural heritage land management agreement and a copy of the agreement.

        74F     Amendments to Aboriginal cultural heritage land management agreements

Sections 74D and 74E apply to a proposed amendment to an Aboriginal cultural heritage land management agreement as if the proposed amendment were a notice of intention to enter into an Aboriginal cultural heritage land management agreement.

        74G     Offence to fail to comply with Aboriginal cultural heritage land management agreement

    (1)     A party to an Aboriginal cultural heritage land management agreement is guilty of an offence if—

        (a)     the party by an act or omission fails to comply with the conditions of the Aboriginal cultural heritage land management agreement; and

        (b)     at the time of the act or omission the party knew that the act or omission failed to comply with the conditions of the agreement.

    (2)     A party to an Aboriginal cultural heritage land management agreement who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 600 penalty units;

        (b)     in the case of a body corporate, 3000 penalty units.

    (3)     A party to an Aboriginal cultural heritage land management agreement is guilty of an offence if—

        (a)     the party by an act or omission fails to comply with the conditions of the Aboriginal cultural heritage land management agreement; and

        (b)     at the time of the act or omission the party was reckless as to whether the act or omission failed to comply with the conditions of the agreement.

    (4)     A party to an Aboriginal cultural heritage land management agreement who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 300 penalty units;

        (b)     in the case of a body corporate, 1500 penalty units.

    (5)     A party to an Aboriginal cultural heritage land management agreement is guilty of an offence if—

        (a)     the party by an act or omission fails to comply with the conditions of the Aboriginal cultural heritage land management agreement; and

        (b)     at the time of the act or omission the party was negligent as to whether the act or omission failed to comply with the conditions of the agreement.

    (6)     A party to an Aboriginal cultural heritage land management agreement who is guilty of an offence under subsection (5) is liable to a penalty not exceeding—

        (a)     in the case of a natural person, 60 penalty units;

        (b)     in the case of a body corporate, 300 penalty units.

Note

Section 187A applies to an offence against subsection (1), (3) or (5).

        74H     Application of Aboriginal cultural heritage land management agreement if registration of registered Aboriginal party revoked or suspended

    (1)     An Aboriginal cultural heritage land management agreement is terminated if the registration of a registered Aboriginal party that is a party to the agreement is revoked under Division 2 of Part 10.

    (2)     If the registration of a registered Aboriginal party that is a party to an Aboriginal cultural heritage land management agreement is suspended, the registered Aboriginal party is taken not to be a party to the agreement during the period of suspension.

        74I     When does an Aboriginal cultural heritage land management agreement begin?

An Aboriginal cultural heritage land management agreement may provide that it comes into effect—

        (a)     on the execution of the agreement; or

        (b)     on the happening of a specified event; or

        (c)     at a specified time.

        74J     When does an Aboriginal cultural heritage land management agreement end?

An Aboriginal cultural heritage land management agreement may provide that it ends wholly or in part or as to any part of any land—

        (a)     on the happening of a specified event; or

        (b)     at a specified time; or

        (c)     by agreement between the parties.".