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ABORIGINAL HERITAGE REGULATIONS 2007 (SR NO 41 OF 2007) - REG 4

Definitions

In these Regulations—

activity area means the area or areas to be used or developed for an activity;

"area of cultural heritage sensitivity" means—

        (a)     an area specified as an area of cultural heritage sensitivity in Division 3 of Part 2; or

        (b)     if Division 4 of Part 2 applies, an area specified as an area of cultural heritage sensitivity in that Division;

"building" has the same meaning as in the Planning and Environment Act 1987 ;

coastal Crown land has the same meaning as in the Coastal Management Act 1995 ;

"commencement day" means the day on which these Regulations come into operation;

"complex assessment" means an assessment under regulation 61 ;

"decision maker" has the same meaning as in section 50 of the Act;

"deep ripping" means the ploughing of soil using a ripper or subsoil cultivation tool to a depth of 60 centimetres or more;

desktop assessment means an assessment under regulation 57 ;

"dwelling" has the same meaning as in the VPP;

"earth resource authorisation" has the same meaning as in section 50 of the Act;

"high impact activity" means an activity specified as a high impact activity in Division 5 of Part 2;

"industry" has the same meaning as in the VPP;

"lot" has the same meaning as in the Subdivision Act 1988 ;

"park" has the same meaning as in the National Parks Act 1975 ;

"planning scheme" means a planning scheme in force under the Planning and Environment Act 1987 ;

"prior waterway" means land which is identified as—

        (a)     a "leveed stream course" on Geological Survey of Victoria map sheet SJ55-2 entitled "Wangaratta" (dated 1974); or

        (b)         a "prior stream" on Geological Survey of Victoria map sheet SJ55-1 entitled "Bendigo" (third edition, 2001); or

        (c)     a "leveed stream" on Geological Survey of Victoria map sheets SI54-4 entitled "St Arnaud" (dated 1976) and SI54-16 entitled "Swan Hill" (dated 1974); or

        (d)     a "leveed stream trace" on Geological Survey of Victoria map sheet SI55-13 entitled "Deniliquin" (dated 1974);

"private dam" has the same meaning as in the Water Act 1989 ;

"rail infrastructure" has the same meaning as in the Rail Corporations Act 1996 ;

"registered cultural heritage place" means an Aboriginal place recorded in the Register;

"road" has the same meaning as in the Road Management Act 2004 ;

"roadway "has the same meaning as in the Road Management Act 2004 ;

"rock shelter" means—

        (a)     a concave area in a cliff where the cliff overhangs; or

        (b)     a concave area in a tor where the tor overhangs; or

        (c)     a shallow cave—

where the height of the concave area or shallow cave is generally greater than its depth;

"significant ground disturbance" means disturbance of—

        (a)     the topsoil or surface rock layer of the ground; or

        (b)     a waterway—

by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping;

standard assessment means an assessment under regulation 59 ;

"statutory authorisation" has the same meaning as in section 50 of the Act;

"subdivision" has the same meaning as in the Subdivision Act 1988 ;

"the Act" means the Aboriginal Heritage Act 2006 ;

VPP means the Victoria Planning Provisions within the meaning of the Planning and Environment Act 1987 ;

"waterway" means—

        (a)     a river, creek, stream or watercourse the name of which is registered under the Geographic Place Names Act 1998 ; or

        (b)     a natural channel the name of which is registered under the Geographic Place Names Act 1998 in which water regularly flows, whether or not the flow is continuous; or

        (c)     a lake, lagoon, swamp or marsh, being—

              (i)     a natural collection of water (other than water collected and contained in a private dam or a natural depression on private land) into or through or out of which a current that forms the whole or part of the flow of a river, creek, stream or watercourse passes, whether or not the flow is continuous; or

              (ii)     a collection of water (other than water collected and contained in a private dam or a natural depression on private land) that the Governor in Council declares under section 4(1) of the Water Act 1989 to be a lake, lagoon, swamp or marsh; or

        (d)     land which is regularly or intermittently covered by water from a waterway as described in paragraph (a), (b) or (c) but does not include—

              (i)     any artificial channel or work which diverts water away from such a waterway; or

              (ii)     an area covered by the floodwaters of a waterway; or

              (iii)     an area, other than the waterway, designated on a planning scheme as being a floodway or liable to flooding or as being subject to inundation; or

        (e)     if any land described in paragraph (d) forms part of a slope rising from the waterway to a definite lip, the land up to that lip.

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