New structures and powers are due to come into place including making registered aboriginal parties raps the decision makers on cultural heritage. Apart from that, the act has been effectively impliedly repealed by the aboriginal heritage act 1988 and is, consequently, treated as a historical version. Short title this act may be cited as the aboriginal heritage act 1972 1. Production companies and their representatives should determine whether proposed film locations are in areas of cultural significance to the aboriginal people of victoria. This act has never been brought into operation but has not been expressly repealed. Aug 01, 2016 the aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today. Section 9 of the roxby downs indenture ratification act 1982 applies this act to certain operations. The regime which regulates and protects aboriginal heritage in victoria is about to undergo a significant change.
Victorian aboriginal heritage register aboriginal victoria. Aboriginal heritage act 1972 wa the aboriginal heritage act 1972 provides for the recognition, protection and preservation of aboriginal sites in western australia. The city of moreland precontact aboriginal heritage. Victorian heritage act 1995 and local government planning polices and. Aboriginal family preservation and restoration factsheet pdf this fact sheet is an introduction to the aboriginal family preservation and restoration programs currently being delivered by a range of local aboriginal community service organisations throughout victoria. Aboriginal cultural heritage and the victorian legislation. Aboriginal heritage consulting greatest challenge for management client price and development area traditional owners respect and protection of heritage regulatory authority compliance with regulations. It was established by and is regulated under the aboriginal heritage act 2006. Victorian aboriginal cultural heritage issues relevant to the investigation into public land use categories the victorian aboriginal heritage council council is a statutory authority established under the aboriginal heritage act 2006 the ah act to provide a state wide voice for aboriginal people on the management of cultural. The act also established the victorian aboriginal heritage council and the. Usually state and territory laws automatically protect various types of areas or objects, while enabling developers. The changes are mostly aimed at speeding up approvals processes for industry, and do. 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.
The register is administered by the office of aboriginal affairs victoria, in some instances through delegation to registered aboriginal parties. This report will take the intent of the aboriginal heritage act and compare it to the implementation and internal systems and workings within the appropriate authorities. Protection under state and territory laws indigenous heritage can be protected under state or territory heritage laws to varying degrees. Stolen generations of aboriginal children tasmania act 2006. Victorian government departments and agencies charge a range of fees for services and regulatory purposes, including licensing and. Victoria has the strongest laws in the nation to protect its aboriginal cultural heritage.
Law today aboriginal people and the law research guides. 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. Commencement this act shall come into operation on a date to be fixed by proclamation 1. The aboriginal heritage act 2006 includes a range of enforcement provisions to provide better protection for aboriginal cultural heritage in victoria. Aboriginal heritage consulting greatest challenge for management client price and development area traditional owners respect and protection of heritage regulatory authority compliance with regulations archaeology appropriate assessment and evaluation of scientific significance selfinterest maximising profit. The city of moreland precontact aboriginal heritage study. The impact of the introduction of the aboriginal heritage act 2006 on the 2003 brief for the moreland precontact aboriginal heritage study the introduction of the act provided for the protection and management of victorias aboriginal heritage. Commencement this act comes into operation on a day or days to be proclaimed. Amendments include a number of significant changes to the way that aboriginal heritage is managed in victoria. Any changes to the aboriginal heritage act should be to create further protection, not make it easy for mining companies to destroy sites simply for monetary gain. The victorian aboriginal heritage council council is a statutory authority established under the aboriginal heritage act 2006 the aha to provide a state wide voice for aboriginal people on the management of cultural heritage.
Heritage act 2006, the aboriginal heritage regulations 2007 and. It creates the victorian aboriginal heritage council membership to consist of 11 aboriginal people, registered aboriginal parties to include aboriginal people in decision making and a. The aboriginal heritage regulations 2018 the regulations give effect to the act through procedures linked to the victorian planning system and other land development. Parks high plains coastal crown land koo wee rup plain greenstone outcrops stony rises mt eccles, mt napier and mt rouse lava flows volcanic cones of. Index table search search this act notes noteup download help.
In victoria, the main legislation in force today, along with the acts which hand land back, provide for indigenous heritage issues and cultural and property rights, ie the aboriginal heritage act 2006 and the traditional owner settlement act 2010 the adoption act 1984 and children, youth and families act 2005 include sections relating to aboriginal people, whilst the magistrates court. Act binds the crown part 2ownership and custody of aboriginal cultural heritage division 1underlying principles 12. Act binds the crown part 2ownership and custody of aboriginal cultural heritage 12. The act provides for the protection and management of victorias aboriginal cultural heritage, with processes linked to the victorian planning system. The aboriginal cultural heritage register and information system achris is. Ecology and heritage partners, aboriginal heritage assessments. Aboriginal heritage act 2006 aboriginal affairs victoria preliminary report form this form is intended for use by anyone who wishes to report a possible aboriginal heritage place. Authorised officers and aboriginal heritage officers. The 2006 aboriginal heritage act aligns heritage issues more closely with planning and development systems, with vcat as the arbiter in the event of disputes. South australia heritage heritage directions amendment. Protection under state and territory laws department of. Waterways prior waterways ancient lakes declared ramsar wetlands coastal land area. Jul 20, 2016 victoria will be the first state in australia to protect aboriginal cultural knowledge, artistic traditions, stories, and other cultural heritage under new intangible heritage laws. Fees and fines payable under the aboriginal heritage act 2006.
Stolen generations of aboriginal children tasmania act. Cultural heritage legislation geoscience australia. The first is briefly noted and the second is discussed in more detail. Version incorporating amendments as at 1 january 2012. Aboriginal heritage act 2006 assented to 9 may 2006 the parliament of victoria enacts as follows. The victorian aboriginal heritage council council is a statutory body established under the aboriginal heritage act 2006 the act. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for the protection of aboriginal cultural heritage in victoria. Below please find a listing of just a few sacred sites that have been damaged, under the aboriginal heritage act 1974. Our teams thorough knowledge of legislation such as the aboriginal heritage act 2006, the aboriginal heritage regulations 2018 and heritage act 2017 in combination with years of experience liaising with local aboriginal communities and relevant regulatory agencies will ensure a. The 1863 steamship was found virtually intact and was the first wreck to be listed and protected under the state act. Some aboriginal heritage places are included in heritage overlay controls but broad protection of aboriginal heritage is provided under the aboriginal heritage act 2006. It established registered aboriginal parties to act as the primary guardians, keepers and knowledge holders of aboriginal cultural heritage. It is in the above context that the victorian aboriginal heritage act 2006, including the appointment of a peak traditional owner representative body and traditional owner groups managing the aboriginal cultural heritage on their country, begins to redress this.
Our teams thorough knowledge of legislation such as the aboriginal heritage act 2006, the aboriginal heritage regulations 2018 and heritage act 2017 in combination with years of experience liaising with local aboriginal communities and relevant regulatory agencies will ensure a practical solution for all parties involved. Victorian government strategic crown land assessment policy and. 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. The aboriginal heritage act 2006 provides there must be paid into the fund. Kingswood golf club cultural heritage statutory obligations. The inspection will be carried out by staff of aav. Queensland aboriginal cultural heritage act 2003 and torres strait. Act does not affect operation of coroners act 2008 10. Aboriginal heritage act 2006 aboriginal affairs victoria. Aboriginal culture and heritage aboriginal victoria. Fees and penalties under the aboriginal heritage act 2006.
These provide appropriate penalties and clear powers for authorised officers aos and aboriginal heritage officers ahos. Usually state and territory laws automatically protect various types of areas or objects, while enabling developers to apply for a permit or certificate to allow them to proceed with activities that might. Aimed at introducing certainty, the formulation of the preliminary aboriginal heritage test paht, is a voluntary process allowing certification will enable sponsors to seek advice from the secretary and remove the any uncertainty of dealing with lgas on the question of. The first aboriginal cultural heritage fund in victoria the first aboriginal cultural heritage fund fund ever created in victoria was established on 1 august 2016.
Contents part 1preliminary 1 short title 2 commencement 3 amendment provisions part 2amendment of heritage act. Council will be responsible for managing this fund. Aboriginal heritage act amended to protect intangible heritage. The aboriginal heritage act 1988 sa establishes an aboriginal heritage committee comprised of aboriginal people from all parts of the state. Aboriginal places, aboriginal objects and aboriginal human remains are also defined in the ah act see s 4. The submission addresses a limited number of issues, including according respect. 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. The act also has processes for handling dispute resolution. Indigenous stories, songs and dance protected under new. A national first for aboriginal heritage protection. The victorian aboriginal heritage act 2006 sets out the matters that the rap must consider when making this. This issue is not addressed in the draft bill, and the liv hopes that this is addressed through amendment regulations drafted to support the amended aboriginal heritage act 2006 vic. Protecting aboriginal cultural heritage premier of victoria. Martang pty ltd po box 20 halls gap vic 3381 djab wurrung country may 2012 submission no.
Victorian aboriginal cultural heritage issues relevant to the. Victorian aboriginal cultural heritage issues relevant. Indigenous heritage can be protected under state or territory heritage laws to varying degrees. Aboriginal family preservation and restoration factsheet. They protect and manage the aboriginal cultural heritage in victoria. Australias state and territory governments have broad responsibilities for recognising and protecting australias indigenous heritage, including archaeological sites. Victorian aboriginal heritage register, and are thus subject to the provisions of the act. Review of the victorian aboriginal heritage act concludes. Preliminary aboriginal heritage test paht paht was an amendment included in the aboriginal heritage amendment act 2016. The historic shipwrecks act 1981 was developed after the discovery of the shipwreck of city of launceston in 1980. Aboriginal heritage act 1972 wa guidelines aboriginal. Heritage heritage directions amendment act 2005 an act to amend the heritage act 1993 and to make related amendments to the development act 1993, the history trust of south australia act 1981 and the valuation of land act 1971. Purpose the main purpose of this act is to provide for the protection of aboriginal cultural heritage in victoria.
The new provisions are part of reforms to the aboriginal heritage act set to come into effect on august 1. This committee advises the minister on making entries in central archives, on measures that should be taken to protect or preserve aboriginal sites, objects or remains, on the appointment of inspectors. Aboriginal cultural heritage november 2015 protection. Areas of cultural heritage sensitivity within 50m of. Aboriginal heritage act amended to protect intangible heritage under the new provisions in the act a group of traditional owners or native title holders can apply to have a piece of intangible heritage, defined as any knowledge of or expression of aboriginal tradition, other than aboriginal cultural heritage, included on the aboriginal. The aboriginal heritage act 2006 greater shepparton city. The aboriginal heritage act 2006 requires all victorians to protect and conserve aboriginal cultural heritage. Aboriginal heritage amendment bill 2014 vic exposure draft.
Important amendments to the aboriginal heritage act 2006, passed through the victorian parliament in march 2016, herald a new era of control for traditional owners over aboriginal cultural heritage. Mar 01, 2018 along with base support for managing aboriginal cultural heritage, todays funding will also support a member of staff to monitor compliance with the aboriginal heritage act 2006 in wathaurungs area. It continues to be the case that aboriginal heritage may not be legally harmed other than in. The aboriginal heritage act of 1972 is the foremost legislation in the protection of aboriginal heritage within the western australia wa. The victorian aboriginal heritage council council declined the application from eastern maar aboriginal corporation emac to be a registered aboriginal party rap under the. Arts, culture and heritage protecting heritage and enforcing the act. It contains information about organisations, people, policies, legislation and events related to the history of. Dont rely on the heritage overlay for information about places of aboriginal heritage value, see aboriginal victoria. Jul 18, 2016 the penalty is attached to a new australian first protection of intangible heritage, which can include stories, songs and dance, in victorias amended aboriginal heritage act. Aboriginal affairs victoria aav will endeavour to organise inspection of the place at the earliest possible time. Act does not affect operation of coroners act 1985 10. A4 protection of public land values under the aboriginal heritage act 2006. What links here related changes upload file special pages permanent link page information wikidata item cite this page. The aboriginal heritage act 2006 of the state of victoria, australia was enacted to provide for.
It contains information about organisations, people, policies, legislation and events related to the history of child welfare. Processes under the aboriginal heritage act 2006 for managing and protecting aboriginal cultural heritage. The original rap application from emac was made on 25 july 2011. The act passed with some minor amendments and was assented to on the 9th of may 2006 act no. Protection of indigenous heritage library of congress.
The historic shipwrecks act 1981 has now been amended and incorporated into the victorian heritage act 2017. The aboriginal heritage act 2006 and the planning permit. It also provides backstop protection for indigenous heritage areas and objects where. Victoria will be the first state in australia to protect aboriginal cultural knowledge, artistic traditions, stories, and other cultural heritage under new intangible heritage laws. The penalty is attached to a new australian first protection of intangible heritage, which can include stories, songs and dance, in victorias amended aboriginal heritage act. Aboriginal heritage legislation in nsw nsw environment. Martang submission into aboriginal heritage act 2006 may 2. The council comprises solely of traditional owners with its key responsibilities including to appoint registered aboriginal parties raps and promote awareness of aboriginal cultural heritage. The aboriginal heritage act 2006 vic requires that a person who discovers an. A national first for aboriginal heritage protection premier. The aboriginal heritage amendment act 2016 amendment act, which makes changes to the aboriginal heritage act 2006, commenced today. Reporting and transfer of aboriginal ancestral remains in custody of public entities and universities 17. Along with base support for managing aboriginal cultural heritage, todays funding will also support a member of staff to monitor compliance with the aboriginal heritage act 2006 in wathaurungs area. Diversity of gender, heritage, culture, ideas and age provides balance and generates innovation in all policy and programs areas.