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ABORIGINAL HERITAGE ACT 2006
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Objectives
4. Definitions
5. What is an Aboriginal place?
6. Who is a native title party for an area?
7. Traditional owners
8. Heritage significance not affected by damage
9. Act does not affect operation of Coroners Act 2008
10. Native title rights and interests
11. Act binds the Crown
PART 2--OWNERSHIP AND CUSTODY OF ABORIGINAL CULTURAL HERITAGE
Division 1--Underlying principles
12. Principles
Division 2--Aboriginal ancestral remains
14. Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities
17. Reporting Aboriginal ancestral remains by persons other than coroner
18. Council must determine how to act on report
19. Transfer of Aboriginal ancestral remains to Council
19A. Transfer of Aboriginal ancestral remains to Council by coroner
20. What must the Council do with transferred Aboriginal ancestral remains?
20A. Reporting of interment of Aboriginal ancestral remains outside of an Aboriginal place
Division 3--Secret or sacred Aboriginal objects
21. Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016
21A. Ownership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016
21B. What must the Council do with transferred secret or sacred objects?
22. Return of secret or sacred objects by State entity
23. Return of secret or sacred objects by other entities
Division 4--Aboriginal places and objects
24. Reporting discovery of Aboriginal places and objects
25. Continued use of surface of land
Division 5--Role of the Museums Board
26. Role of Museums Board
PART 3--PROTECTION OF ABORIGINAL CULTURAL HERITAGE
Division 1--Protection from harm
27. Harming Aboriginal cultural heritage unlawful
28. A person must not harm Aboriginal cultural heritage
29. When is harm permitted?
30. Order to repair or restore Aboriginal cultural heritage
Division 2--Acquisition and grant of land
31. Acquisition of Aboriginal place
32. Grant of land
Division 3--Control of activities
33. Possession of Aboriginal object
34. Control of activities
34A. Surveys for Aboriginal cultural heritage
35. Forfeiture of Aboriginal object to Crown
Division 4--Cultural heritage permits
35A. Definition
36. Application for cultural heritage permit
37. Restrictions on grant of permit
40. Determination of application
41. Conditions on cultural heritage permits
41A. Offence to fail to comply with cultural heritage permit
41B. Transfer of cultural heritage permits
41C. Amendments to cultural heritage permits
41D. Taking effect of cultural heritage permits
PART 4--CULTURAL HERITAGE MANAGEMENT PLANS
Division 1--What is a cultural heritage management plan?
42. What is a cultural heritage management plan?
43. Procedure for assessment
44. Who may prepare a plan?
45. Voluntary cultural heritage management plan
45A. Amendments to approved cultural heritage management plans
Division 2--When is a cultural heritage management plan required?
46. Mandatory cultural heritage management plans
47. Regulations may require plan
48. Minister may require plan
49. Plan required if Environment Effects Statement required
49A. Plan required if impact management plan or comprehensive impact statement is required
Division 2A--Preliminary Aboriginal heritage tests
49B. Application for certification of preliminary Aboriginal heritage test
49C. Certification of preliminary Aboriginal heritage test
Division 3--Other authorisations suspended until plan prepared
50. Definitions
51. Application of Division
52. Plan must be prepared before authorisation given
Division 4--Preparation of cultural heritage management plans
53. Cultural heritage management plan to be prepared in accordance with prescribed standards
54. Notice of intention to prepare cultural heritage management plan
55. Registered Aboriginal parties may elect to evaluate plan
56. Sponsor to notify Secretary of intention of registered Aboriginal party
57. Newly registered Aboriginal parties
58. Engagement of heritage advisor
59. Obligations of sponsor and registered Aboriginal party
60. Registered Aboriginal party may also advise
60A. Activity advisory groups
Division 5--Approval of cultural heritage management plans
61. Matters to be considered in relation to a plan
62. Application to registered Aboriginal party for approval
63. Decision by registered Aboriginal party
64. When does a plan approved by a registered Aboriginal party take effect?
65. Approval by Secretary
66. Approval by Council
66A. Amendments to approved cultural heritage management plans
Division 6--General
67. Sponsor must give assessment documentation to Secretary
67A. Sponsor must comply with approved cultural heritage management plan
PART 5--CULTURAL HERITAGE AGREEMENTS
Division 1--Making and amendment of agreements
68. What is a cultural heritage agreement?
69. Parties to a cultural heritage agreement
70. Form of cultural heritage agreement
71. Amendment of cultural heritage agreement
72. Agreement of no effect without consent of registered Aboriginal parties
73. When does a cultural heritage agreement begin?
74. When does a cultural heritage agreement end?
Division 1A--Aboriginal cultural heritage land management agreements
74A. What is an Aboriginal cultural heritage land management agreement?
74B. Aboriginal cultural heritage land management agreement to be prepared in accordance with prescribed standards
74C. Conditions of Aboriginal cultural heritage land management agreement
74D. Notice of intention to enter into an Aboriginal cultural heritage land management agreement
74E. Copy of Aboriginal cultural heritage land management agreement must be given to Secretary
74F. Amendments to Aboriginal cultural heritage land management agreements
74G. Offence to fail to comply with Aboriginal cultural heritage land management agreement
74H. Application of Aboriginal cultural heritage land management agreement if registration of registered Aboriginal party revoked or suspended
74I. When does an Aboriginal cultural heritage land management agreement begin?
74J. When does an Aboriginal cultural heritage land management agreement end?
Division 2--Lodgement and registration of agreements
75. Cultural heritage agreements to be lodged with Secretary
76. Registration of cultural heritage agreements
77. Effect of registration
78. Governor in Council may release covenant
79. Cancellation or amendment of registration
PART 5A--ABORIGINAL INTANGIBLE HERITAGE
79A. Application of Part
79B. What is Aboriginal intangible heritage?
79C. Registration of Aboriginal intangible heritage
79D. Aboriginal intangible heritage agreements
79E. Form of Aboriginal intangible heritage agreement
79F. Registration of Aboriginal intangible heritage agreements
79G. Offence to use registered Aboriginal intangible heritage for commercial purposes
79H. Offence to fail to comply with a registered Aboriginal intangible heritage agreement
79I. Application of Aboriginal intangible heritage agreement if registration of certain parties revoked or suspended
79J. When does an Aboriginal intangible agreement begin?
79K. When does an Aboriginal intangible heritage agreement end?
79L. Evidentiary provision regarding Aboriginal intangible heritage
PART 6--CULTURAL HERITAGE AUDITS, STOP ORDERS AND IMPROVEMENT NOTICES
Division 1--Cultural heritage audits
80. What is a cultural heritage audit?
81. When can a cultural heritage audit be ordered?
82. Requirement of cultural heritage audit
83. Conduct of cultural heritage audit
84. Report of cultural heritage audit
85. Approval of report of audit
86. Notification and effect of approval
Division 2--Stop orders
87. When can a stop order be issued?
88. Stop order required for cultural heritage audit
89. What can a stop order do?
90. How is a stop order delivered?
91. How long does a stop order operate?
92. Extension of stop order
93. Revocation of stop order
94. Further stop order
95. Offence to fail to comply with stop order
Division 3--24-hour stop orders
95A. 24-hour stop orders
95B. Cancellation of 24-hour stop order
95C. Offence to fail to comply with 24-hour stop order
Division 4--Improvement notices
95D. Improvement notices
95E. Proceedings for offences not affected by improvement notices
95F. Offence to fail to comply with improvement notice
95G. Amendment of improvement notices
95H. Cancellation of improvement notices
PART 7--PROTECTION DECLARATIONS
Division 1--Interim protection declarations
96. Interim protection declarations
97. What must an interim protection declaration provide for?
98. Period of interim protection declaration
99. Amendment or revocation of interim protection declaration
100. Minister to consult
101. Publication of declaration
102. Offence to contravene interim protection declaration
Division 2--Ongoing protection declarations
103. Ongoing protection declarations
104. What must an ongoing protection declaration provide for?
105. Amendment or revocation of ongoing protection declaration
106. Minister to consult
107. Publication of declaration
108. Offence to contravene ongoing protection declaration
Division 3--General
109. Declaration has effect
110. Notices relating to declarations
PART 8--DISPUTES REGARDING ABORIGINAL CULTURAL HERITAGE
Division 1--Disputes regarding cultural heritage management plans
111. Meaning of dispute
112. What alternative dispute resolution includes
113. Referral of disputes for alternative dispute resolution
114. Costs of alternative dispute resolution
115. Statements made during alternative dispute resolution not admissible
116. Sponsor may apply to VCAT
117. Parties to proceeding
118. Decision of VCAT
119. VCAT to consider certain matters
120. VCAT to be satisfied of certain matters
Division 2--Disputes regarding cultural heritage permits
121. Applicant for cultural heritage permit may apply to VCAT
122. Parties to proceeding
123. Decision of VCAT
124. VCAT to be satisfied of certain matters
Division 3--Disputes regarding protection declaration decisions
125. What is a protection declaration decision?
126. Review of protection declaration decisions
127. Parties to proceeding
128. Decision of VCAT
129. VCAT to have regard to certain matters
PART 9--ADMINISTRATION
Division 1--Aboriginal Heritage Council
130. Establishment of Council
131. Membership
132. Functions of the Council
132A. Delegation of Council's functions
133. Functions of the Chairperson
134. Payment of members
135. Resignation and removal
136. Acting members
137. Alternate members
137A. Terms and conditions for alternate members
138. Election of Chairperson and Deputy Chairperson
139. Procedure of the Council
140. Effect of a vacancy or defect
141. Immunity from liability
142. Conflict of interest
142A. Council advisory committees
142B. Procedure for advisory committees
142C. Remuneration
Division 2--The Secretary
143. Functions of the Secretary
Division 3--Victorian Aboriginal Heritage Register
144. Victorian Aboriginal Heritage Register
144A. Purposes of the Register
145. What is in the Register?
146. Who may access the Register?
146A. Accessing the Register for sensitive information
147. Secretary may provide advice to persons or bodies seeking access to Register
147A. Offence to knowingly or recklessly use information for prohibited purposes
PART 10--REGISTERED ABORIGINAL PARTIES
Division 1--Functions of registered Aboriginal parties
148. Functions of a registered Aboriginal party
149. Registered Aboriginal party must act in good faith
Division 2--Application and registration
150. Application for registration
151. Determination of application for registration
152. Effect of determination
153. Parties for area
154. Notice of determination
154A. Conditions of registration
155. Variation of registration
156. Suspension and revocation of registration
157. Procedure for suspension or revocation of registration
158. Review of decisions of the Council
158A. Further registration of existing registered Aboriginal parties
PART 10A--ABORIGINAL CULTURAL HERITAGE FUND
158B. Establishment of Aboriginal Cultural Heritage Fund
158C. Payments into Aboriginal Cultural Heritage Fund
158D. Payments out of the Aboriginal Cultural Heritage Fund
158E. Power of Council to borrow money
158F. Power of Council to accept gifts
158G. Acquisition and sale of land by Council
158H. Rates of interest on loans
PART 11--ENFORCEMENT
Division 1--Authorised officers
159. Functions of authorised officers
160. Appointment of authorised officers
161. Re-appointment of authorised officers
162. Suspension and revocation of appointment
163. Cessation of appointment
164. Identity cards
165. Authorised officer to produce identity card
Division 1A--Aboriginal heritage officers
165A. Functions of Aboriginal heritage officers
165B. Appointment of Aboriginal heritage officers
165C. Suspension and revocation of appointment
165D. Identity cards
165E. Aboriginal heritage officer to produce identity card
Division 2--Powers of authorised officers and Aboriginal heritage officers
166. General power to enter land or premises
167. Obtaining the consent of the occupier
168. Power to enter land or premises open to public
169. Power to enter land or premises for audit
170. Search powers upon entry
171. Seizure powers on entry without search warrant
172. Seizure power without consent
173. Search warrants
174. Announcement before entry
175. Copy of search warrant to be given to occupier
176. Receipt for seized things
177. Security of seized things
178. Seizure of Aboriginal ancestral remains or object
179. Return of seized things
180. Authorised officer or Aboriginal heritage officer may require giving of name and address
181. Authorised officer or Aboriginal heritage officer may require information
182. Authorised officer may take affidavits
183. Person must not give false information etc.
Division 3--General
184. Report to be given about entry
185. Person must not impersonate, obstruct or hinder authorised officer or Aboriginal heritage officer
186. Who may prosecute?
187. Evidence
187A. Criminal liability of officers of bodies corporate—failure to exercise due diligence
187B. Time for bringing proceedings
PART 12--GENERAL
188. Delegation
189. Heritage advisor
190. Approval of forms
191. Tax and rate remissions
192. Report on operation of Act
194. Regulations
PART 13--REPEAL, SAVING AND TRANSITIONAL PROVISIONS AND AMENDMENT OF ACTS
196. Saving and transitional provisions
197. Validation provision
198. Savings and transitional provisions—Aboriginal Heritage Amendment Act 2016
SCHEDULE 1
ENDNOTES
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