Preliminary ecological and cultural heritage assessments. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. The heritage act 2017 will repeal and reenact with amendments the heritage act 1995. The aboriginal cultural heritage advisory committee achac was established in 2006 under the national parks and wildlife act 1974. The purpose of a stop order is to stop persons undertaking an activity that may harm aboriginal or torres strait islander cultural heritage. Right people for country program expression of interest form 2020.
This paper was delivered in june 2014 and outlines councils advice to the minister for aboriginal affairs on how victorias aboriginal heritage act 2006 should change in relation to ancestral remains. This practice note describes the key provisions of the aboriginal heritage act 2006 the act, and how it interacts with the planning permit process. Return of secret or sacred objects by state entity 23. Ensure that permit approvals align with recommendations of a cultural heritage management plan approved under the aboriginal heritage act 2006. Various australian states have also enacted legislation on the return of indigenous human remains. The department is responsible for protecting aboriginal heritage, assisting with compliance with the act and providing access to heritage information. The edo is a community legal centre specialising in public interest environmental law. The aboriginal heritage act 2006 greater shepparton city.
The secretary of the department of premier and cabinet received the chmp for evaluation on the 17th july 2017. Ownership of secret or sacred objects after the aboriginal heritage amendment act 2016 21b. Heritage in the act environment, planning and sustainable. Repatriation of historic human remains law library of. Aboriginal heritage department of planning, lands and heritage. About the environmental defenders office nsw the edo is a community legal centre that specialises in environmental law. Aboriginal ancestral remains are the whole or part of the body of an aboriginal person from the past and are often referred to as ancestors. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. Compliance and enforcement department of aboriginal and. The right to protect sites australian institute of. Learn how to manage aboriginal cultural heritage to comply with the aboriginal heritage act 2006.
Cultural heritage duty of care pdf, 312 kb factsheet cultural heritage duty of care rtf, 66 kb. Heritage act which allow councils to list aboriginal heritage consistent with their obligations to. Download and complete the expression of interest form. Often, a sense of history and age may contribute to the significance of a place or object. The printed publication contains design features that have been necessarily omitted from this version. View whole act subordinate legislation turn history notes. These provide appropriate penalties and clear powers for authorised officers aos and aboriginal heritage officers ahos. In 2006 the edo established an indigenous engagement program with initial funding. You may not use the material for commercial purposes. Versions of this act includes consolidations, reprints and as passed versions subsidiary legislation made under this act current versions history of this act.
The regime which regulates and protects aboriginal heritage in victoria is about to undergo a significant change. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. Aboriginal heritage department of planning, lands and. Treasurer and minister for aboriginal and torres strait. What must the council do with transferred secret or sacred objects.
They protect and manage the aboriginal cultural heritage in victoria. The aboriginal heritage act 2006 and the planning permit process. We have two offices, one in sydney and a northern rivers branch office in lismore. It is important to be aware of the fact that all aboriginal sites in nsw are protected under the national parks and wildlife act 1974, and it is an offence to damage or destroy them this includes collecting artefacts without prior permission of the nsw government. Department of aboriginal and torres strait islander partnerships. Provide for the protection and conservation of pre and postcontact aboriginal cultural heritage places. We will not be well until this is done recommendations for change june 2014. The aboriginal heritage amendment act 2016 vic amendment act came into operation on 1 august 2016 and seeks to enhance the aboriginal cultural heritage management system within victoria. The aboriginal heritage act 2006 provides protection for aboriginal ancestral remains and says that ancestral remains should be owned by and returned to traditional owners of the area they came from.
The committee advises the minister and the chief executive of the department of premier of cabinet on matters relating to identification, assessment and management of aboriginal cultural heritage in nsw. Only amendments that have commenced are incorporated. Readers should note that this paper was prepared prior to the passage of the aboriginal heritage act 2006 through both houses of the victorian parliament on the. Download or view important documents acav constitution june 2019download 2019 acav proxy form special general meetingdownload 2019 acav proxy form. Search for heritage publications browse list of heritage publications. The statutory evaluation period is 30 calendar days. Deputy premier, treasurer and minister for aboriginal and torres strait islander partnerships agency. Outline of relevant existing and new offences under the.
Aboriginal heritage act 2006 sect 4 definitions 1 in this act s. Sa, the aboriginal heritage act 1979 sa and the aboriginal heritage act 1988 sa, this article discusses how a lack of government will and poor administration. The aboriginal heritage act 2006 the act aims to recognise, protect and conserve aboriginal cultural heritage in victoria, in ways that are based on respect for aboriginal knowledge and cultural and traditional practices. Subsidiary legislation made under this act current versions. Aboriginal cultural heritage act 2003 an act to make provision for aboriginal cultural heritage, and for other purposes part 1 preliminary division 1 introduction 1 short title this act may be cited as the aboriginal cultural heritage act 2003. Heritage publications, guidelines and information sheets.
Aboriginal cultural heritage management training workshops. Apr 17, 2019 first people of the millewamallee aboriginal corporation fpmmac is incorporated under the corporations aboriginal and torres strait islander act 2006 catsi act and is regulated by the office of the registrar of indigenous corporations oric. Download or view important documents acav constitution june 2019download 2019 acav proxy form special general meetingdownload 2019 acav proxy form annual general meetingdown. Ownership of secret or sacred objects before the aboriginal heritage amendment act 2016 21a.
Readers should note that this paper was prepared prior to the passage of the aboriginal heritage act 2006 through both houses of the victorian parliament on the 4th may. See more information on the act s ngunnawal heritage here. The aboriginal heritage act 2006 and the planning permit. Sep 27, 2016 aboriginal cultural heritage act 2003 an act to make provision for aboriginal cultural heritage, and for other purposes part 1 preliminary division 1 introduction 1 short title this act may be cited as the aboriginal cultural heritage act 2003. The act passed with some minor amendments and was assented to on the 9th of may 2006 act no. Aboriginal sites are of immense cultural, scientific, educational and historic interest and provide aboriginal people with an important link to their present and past culture.
We would like to show you a description here but the site wont allow us. Aboriginal cultural heritage act 2003 queensland legislation. Outline of relevant existing and new offences under the aboriginal heritage act 2006 vic existing offence provisions under the act offence provision current section within the act a failure of a public entity or university to report the existence of aboriginal ancestral remains to the council s 14. We are a nonprofit organisation and we are independent from government. Pdf a history of aboriginal heritage protection legislation. The heritage bill 2016 was introduced to the legislative assembly on 8 november 2016 and was passed by the legislative council without amendment on 9 march 2017. Aboriginal heritage act 1972 part ii application and traditional use s. You must provide appropriate acknowledgement of the work. Publications victorian aboriginal heritage council.
The aboriginal heritage regulations 2018 the regulations give effect to the act through procedures linked to the victorian planning system and other land. Act does not affect operation of coroners act 1985 10. Planning practice note 45 the aboriginal heritage act 2006 and the planning permit process 3 chmps must focus on minimising harm to cultural heritage, or managing any unavoidable impacts section 61 of the act. The aboriginal heritage regulations 2018 the regulations give effect to the act through procedures linked to the victorian planning system and other land development. The aboriginal heritage act 2005 and the planning permit process has been prepared for use with screen reader software. First people of the millewamallee aboriginal corporation fpmmac is incorporated under the corporations aboriginal and torres strait islander act 2006 catsi act and is regulated by the office of the registrar of indigenous corporations oric. Aboriginal heritage act 1972 application and traditional use part ii s. Objectives the objectives of this act are a to recognise, protect and conserve aboriginal cultural heritage in victoria in ways that are based on respect for aboriginal knowledge and cultural and traditional practices. Decision makers under the heritage act 1977 the act must consider whether applications for works to shr listed places will.
Part 2amendment of the aboriginal heritage act 2006 aboriginal heritage amendment act 2016 no. Western australian legislation aboriginal heritage act 1972. Aboriginal cultural heritage advisory committee nsw. The aboriginal heritage amendment bill 2015, which was passed by parliament on 22 march 2016, introduces a suite of substantive and administrative changes to the aboriginal heritage act 2006. In queensland, this legislation consists of the aboriginal cultural heritage act 2003 and the nearly identical torres strait islander cultural heritage act 2003, while in victoria the legislature has adopted the aboriginal heritage act of 2006. The aboriginal heritage act 1972 aha protects all aboriginal heritage sites in western australia, whether or not they are registered with the department. A stop order can be issued under section 32 of the aboriginal cultural heritage act 2003 pdf and the torres strait islander cultural heritage act 2003 pdf the acts.
522 327 1458 495 709 253 981 436 1226 365 1398 1489 529 786 186 641 1101 179 61 1145 965 748 794 469 393 310 353 631 1299 956 117 598 251 108 753 798 737 420 879 1283 942