Victorian Numbered Regulations

ABORIGINAL HERITAGE AMENDMENT REGULATIONS 2016 (SR NO 94 OF 2016) - REG 15

After Part 4 of the Principal Regulations insert —

" Part 4A—Standards for the preparation of an Aboriginal cultural heritage land management agreement

Division 1—Assessments

        67A     Purpose

The purpose of this Division is to prescribe standards for conducting an assessment for the preparation of, and conditions to be included in, an Aboriginal cultural heritage land management agreement.

        67B     Types of assessment

    (1)     An assessment must consist of a desktop assessment.

    (2)     An assessment may also consist of—

        (a)     a standard assessment; or

        (b)     a complex assessment; or

        (c)     a standard assessment and a complex assessment.

    (3)     For the purposes of section 74B of the Act, a desktop assessment of an agreement area must include research into information relating to Aboriginal cultural heritage in or associated with the agreement area, including the following—

        (a)     a search of the Register for information relating to the agreement area;

        (b)     an identification and determination of the geographic region of which the agreement area forms a part that is relevant to the Aboriginal cultural heritage that may be present in the agreement area;

        (c)     a review of reports and published works about Aboriginal cultural heritage in the geographic region referred to in paragraph (b);

        (d)     a review of historical and ethno-historical accounts of Aboriginal occupation of the geographic region referred to in paragraph (b);

        (e)     a review of the landforms or geomorphology of the agreement
area;

        (f)     a review of the history of the use of the agreement area.

    (4)     A desktop, standard or complex assessment may include the collection and review of oral history relating to the agreement area.

    (5)     A standard assessment of an agreement area under this regulation is the same as a standard assessment of an activity area under regulation 59.

    (6)     A complex assessment of an agreement area under this regulation is the same as a complex assessment of an activity area under regulation 61.

        67C     Content of an Aboriginal cultural heritage land management agreement

For the purposes of section 74B of the Act, an Aboriginal cultural heritage land management agreement must—

        (a)     unless otherwise approved by the Secretary, be in the approved form;
and

        (b)     include the information set out in Schedule 4.

Part 4B—Prescribed forms

        67D     Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities

For the purposes of section 14(1)(b) of the Act, a report to the Council is in the prescribed form if the report includes the information set out in Schedule 5.

        67E     Application for certification of preliminary Aboriginal heritage test

    For the purposes of section 49B(3) of the Act, an application is in the prescribed form if the application includes the information set out in Schedule 6.

        67F     Registration of Aboriginal intangible heritage

    For the purposes of section 79C(2) of the Act, an application for registration of Aboriginal intangible heritage is in the prescribed form if it includes the information set out in Schedule 7.

        67G     Form of Aboriginal intangible heritage agreement

    For the purposes of section 79E of the Act, an Aboriginal intangible heritage agreement is in the prescribed form if it includes the information set out in Schedule 8.

        67H     Application for registration

    For the purposes of section 150(1) of the Act, an application for registration
as a registered Aboriginal party is in the prescribed form and includes the prescribed information if the application includes the information set out in Schedule 9.".