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ABORIGINAL HERITAGE AMENDMENT ACT 2016 (NO. 11 OF 2016) - SECT 78

Functions of the Council

    (1)     Before section 132(1)(a) of the Aboriginal Heritage Act 2006 insert

    "(aa)     to be the central coordinating body responsible for the overseeing, monitoring, managing, reporting and returning of Aboriginal ancestral remains in Victoria;".

    (2)     In section 132(1)(a) of the Aboriginal Heritage Act 2006 omit "at the Minister's request or on its own initiative,".

    (3)     In section 132(1)(a)(i) of the Aboriginal Heritage Act 2006 , for "human" substitute "ancestral".

    (4)     In section 132(1)(a)(v) of the Aboriginal Heritage Act 2006 , for "inspectors" substitute "authorised officers".

    (5)     In section 132(2)(c) of the Aboriginal Heritage Act 2006 omit "to develop measures".

    (6)     After section 132(2)(c) of the Aboriginal Heritage Act 2006 insert

    "(ca)     to report to the Minister annually on the performance of its functions, including a summary of any reports received by the Council from registered Aboriginal parties;

        (cb)     to advise the Minister administering the Planning and Environment Act 1987 on proposed amendments to planning schemes which may affect the protection, management or conservation of places or objects of Aboriginal cultural heritage significance;

        (cc)     to oversee and monitor the system of reporting and returning Aboriginal ancestral remains and secret or sacred objects;

        (cd)     to advise the Secretary on cultural heritage permits and cultural heritage management plans related to Aboriginal ancestral remains in areas without a registered Aboriginal party;

        (ce)     to perform functions under this Act in relation to cultural heritage permits, including the granting of permits;

        (cf)     to manage the Aboriginal Cultural Heritage Fund;

        (cg)     to provide advice regarding Aboriginal cultural heritage, including to the Minister and the Secretary;

        (ch)     to manage, oversee and supervise the operations of registered Aboriginal parties;

        (ci)     to promote and facilitate research into the Aboriginal cultural heritage of Victoria;

        (cj)     to nominate information about Aboriginal ancestral remains, Aboriginal secret or sacred objects and Aboriginal places and objects to be restricted information on the Register;

        (ck)     to publish policy guidelines consistent with the functions of the Council;

        (cl)     to report to the Minister every 5 years on the state of Victoria's Aboriginal cultural heritage;".



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