Aboriginal heritage impact assessment sunbury south. Open letter to heritage advisors consultation when preparing a cultural heritage management plan. Aboriginal heritage regulations 2007 which supersedes commonwealth law and previous state legislation. On may 29 2007, new procedures commenced to provide for a. Mordialloc bypass aboriginal cultural heritage impact. Aboriginal cultural heritage, with processes linked to the victorian. The act also mandates that a chmp is required for any project requiring an ees. The data provides indicative information about the location and extent of areas of aboriginal cultural heritage. Protecting heritage and enforcing the act aboriginal victoria. They also investigate reports of harm to aboriginal cultural heritage, and help government and land users to avoid impacts to aboriginal places and objects. A development may require a mandatory investigation known as a cultural heritage management chmp under the aboriginal heritage act 2006 and aboriginal heritage regulations 2007.
All or part of the activity area is an area of cultural heritage sensitivity aboriginal heritage regulations 2007. Aboriginal heritage impact assessment berwick health and. The assessment of aboriginal cultural heritage values in the activity area was conducted under the chmp process required under the aboriginal heritage act 2006 and. When a cultural heritage management plan is required division 2exempt activities 7. The aboriginal heritage act 2006 and the planning permit. Goulburnmurray water has an obligation to ensure that private works licence applicants are made aware of their obligations under this legislation. Areas of aboriginal cultural heritage sensitivity this property is within, or is affected by, one or more areas of cultural heritage sensitivity as described in the aboriginal heritage regulations 2007. Aboriginal heritage regulations 1974 western australia. Victorian aboriginal heritage register vahr and places found during the standard assessment described in this report are protected by the aboriginal heritage act 2006.
Review of the aboriginal heritage regulations 2007 the aboriginal heritage act 2006 the act commenced operation on 28 may 2007. Heritage act 2006, the aboriginal heritage regulations 2007 and. A chmp is required under section 47 of the victorian aboriginal heritage act 2006 if any high impact activity is planned in an identified area of cultural heritage sensitivity that has not been subject to significant ground disturbance, as defined in the victorian aboriginal heritage regulations 2007. Ahr aboriginal heritage regulations 2007 as artefact scatter atsic aboriginal and torres strait islander commission av aboriginal victoria blcac bunurong land council aboriginal corporation bp before present dpc department of premier and cabinet chmp cultural heritage management plan. The aboriginal heritage act 2006 and the planning permit process. These terms are defined in the aboriginal heritage regulations 2018. Aboriginal cultural heritage and the environment effects. It has been highlighted within the report that that the work undertaken for this investigation does not constitute a desktop or standard assessment for any future cultural heritage management plans that may be conducted within the lancefield road psp area. It is an offence to disturb or destroy these places without. Definitions part 2cultural heritage management plans division 1 when is a cultural heritage management plan required. Aboriginal cultural heritage and the environment effects process.
There are transitional arrangements for the new aboriginal heritage act 2006. Aboriginal heritage regulations 2007 as they apply to the rezoning application, development plan application and future subdivision under the regulations, there are two triggers, which if activated, require an aboriginal cultural heritage. In these circumstances, planning permits, licences and work authorities cant be issued unless a chmp has been approved for the activity. Station street, bonbeach level crossing removal program. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. Furthermore, under section 49 of the victorian aboriginal heritage act 2006, a chmp must. Schedule 2 stipulates that descriptions of any aboriginal cultural heritage found in an activity area that is the subject of a chmp must be consistent with the registration of that aboriginal cultural heritage on the victorian aboriginal heritage register vahr. These regulations are made under section 194 of the. Aos and ahos are appointed by the minister for aboriginal affairs to investigate and monitor compliance with the aboriginal heritage act 2006 and to enforce protection measures when necessary. Whats new contents australian institute of aboriginal. Versions of this subsidiary legislation includes consolidations, reprints and as made versions. Aboriginal heritage regulations 2007 hereafter the regulations 2007 are assessed in detail.
The aboriginal cultural heritage register and information system achris is the online tool that is used to access the victorian aboriginal heritage register. Kingswood golf club cultural heritage statutory obligations. Plans required by the aboriginal heritage act 2006 and aboriginal heritage regulations 2007 within the psp area must complete the full range of assessment required by the regulations. Because the property is within an area of cultural heritage sensitivity and because the proposed subdivision of the land is a high impact activity, as defined in the regulations, the developers will be required to prepare a mandatory cultural heritage management plan chmp. The commencement of the act proceeded as soon as practicable after the completion of the regulations.
The act and regulations require that certain activities defined within the regulations as high impact. Local councils are legally obliged to withhold approval of a planning application until an. Under the subordinate legislation act 1994, a regulatory impact. Cultural heritage legislation geoscience australia. The aboriginal heritage act 2006 came into force on the 28 may 2007. On may 29 2007, new procedures commenced to provide for a more transparent, consistent and effective approach to protecting and managing aboriginal cultural heritage. Their operation was extended for 12 months, with the regulations now due to expire in may 2018. A h c guidelines for respecting indigenous heritage places. The entire item will be downloaded to your computer. Aboriginal heritage impact assessment lancefield road.
Port of hastings development project aboriginal cultural. Aboriginal heritage act 2006 and aboriginal heritage regulations 2007 5 victorian aboriginal heritage register vahr listings 6 traditional owner settlement act 2010 6 3. Inverloch coastal resilience project aboriginal cultural. The committee received conflicting evidence as to its merits. Regulations 2007 aboriginal cultural heritage management plan for the purposes of the aboriginal heritage act 2006. Authorised version incorporating amendments as at 2 august 2016. Fact sheet managing aboriginal cultural heritage goulburn. Under the planning and environment act 1987, the vpp give effect to and support the operation of the act.
However, heritage insight pl cannot be responsible for any changes in policy that may impact on the part of the victorian government, its agencies or registered aboriginal parties since the project commenced. In these regulations, the aboriginal heritage regulations 20071 are called the principal regulations. Please select the data format in which you would prefer to download the untitled document. Heritage sensitivity defined in the aboriginal heritage regulations 2007. The activity area the activity area includes the properties at 154 liberty parade, 156 liberty parade, 2123 bardia street and 330366 bell street, heidelberg west figure 1. When a cultural heritage management plan is required division 2exempt activities 8. Aboriginal heritage is protected in victoria under the aboriginal heritage act 2006 and the aboriginal heritage regulations 2007. Aboriginal cultural heritage 157 introduction the aboriginal heritage act 2006 aha is relatively new legislation, commencing operation in may 2007.
Ecology and heritage partners was commissioned by pro urban to prepare this preliminary aboriginal heritage test paht for a proposed car park, office and retail redevelopment in abbotsford, victoria yarra city council. Notwithstanding the above, regardless of the level of impact, any project in victoria that requires an ees is also required to prepare a chmp. These regulations come into operation on 23 may 2018. Part 1preliminary aboriginal heritage regulations 2007 s. The aboriginal heritage act 2006 and the aboriginal heritage regulations. Queensland aboriginal cultural heritage act 2003 and torres strait islander cultural. Definitions part 2cultural heritage management plans division 1when is a cultural heritage management plan required. The project will develop tools to educate and support implementation and compliance of the new legislation. The summary of my findings is that there are no impediments from aboriginal heritage legislation, nor requirement for a cultural heritage management plan for. Aboriginal heritage is protected in victoria under the. The current aboriginal heritage regulations 2007 the regulations were due to sunset on 25 may 2017. Because the project is a road with a length exceeding 100 metres, a chmp is required.
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