Aboriginal Heritage Act 2006 (Vic)
Version No. 029
Aboriginal Heritage Act 2006
No. 16 of 2006
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Objectives
4Definitions
5What is an Aboriginal place?
6Who is a native title party for an area?
7Traditional owners
8Heritage significance not affected by damage
9Act does not affect operation of Coroners Act 2008
10Native title rights and interests
11Act binds the Crown
Part 2—Ownership and custody of Aboriginal cultural heritage
Division 1—Underlying principles
12Principles
Division 2—Aboriginal ancestral remains
14Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities
17Reporting Aboriginal ancestral remains by persons other than coroner
18Council must determine how to act on report
19Transfer of Aboriginal ancestral remains to Council
19ATransfer of Aboriginal ancestral remains to Council by coroner
20What must the Council do with transferred Aboriginal ancestral remains?
20AReporting of interment of Aboriginal ancestral remains outside of an Aboriginal place
Division 3—Secret or sacred Aboriginal objects
21Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016
21AOwnership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016
21BWhat must the Council do with transferred secret or sacred objects?
22Return of secret or sacred objects by State entity
23Return of secret or sacred objects by other entities
Division 4—Aboriginal places and objects
24Reporting discovery of Aboriginal places and objects
25Continued use of surface of land
Division 5—Role of the Museums Board
26Role of Museums Board
Part 3—Protection of Aboriginal cultural heritage
Division 1—Protection from harm
27Harming Aboriginal cultural heritage unlawful
28A person must not harm Aboriginal cultural heritage
29When is harm permitted?
30Order to repair or restore Aboriginal cultural heritage
Division 2—Acquisition and grant of land
31Acquisition of Aboriginal place
32Grant of land
Division 3—Control of activities
33Possession of Aboriginal object
34Control of activities
34ASurveys for Aboriginal cultural heritage
35Forfeiture of Aboriginal object to Crown
Division 4—Cultural heritage permits
35ADefinition
36Application for cultural heritage permit
37Restrictions on grant of permit
40Determination of application
41Conditions on cultural heritage permits
41AOffence to fail to comply with cultural heritage permit
41BTransfer of cultural heritage permits
41CAmendments to cultural heritage permits
41DTaking effect of cultural heritage permits
Part 4—Cultural heritage management plans
Division 1—What is a cultural heritage management plan?
42What is a cultural heritage management plan?
43Procedure for assessment
44Who may prepare a plan?
45Voluntary cultural heritage management plan
45AAmendments to approved cultural heritage management plans
Division 2—When is a cultural heritage management plan required?
46Mandatory cultural heritage management plans
47Regulations may require plan
48Minister may require plan
49Plan required if Environment Effects Statement required
49APlan required if impact management plan or comprehensive impact statement is required
Division 2A—Preliminary Aboriginal heritage tests
49BApplication for certification of preliminary Aboriginal heritage test
49CCertification of preliminary Aboriginal heritage test
Division 3—Other authorisations suspended until plan prepared
50Definitions
51Application of Division
52Plan must be prepared before authorisation given
Division 4—Preparation of cultural heritage management plans
53Cultural heritage management plan to be prepared in accordance with prescribed standards
54Notice of intention to prepare cultural heritage management plan
55Registered Aboriginal parties may elect to evaluate plan
56Sponsor to notify Secretary of intention of registered Aboriginal party
57Newly registered Aboriginal parties
58Engagement of heritage advisor
59Obligations of sponsor and registered Aboriginal party
60Registered Aboriginal party may also advise
60AActivity advisory groups
Division 5—Approval of cultural heritage management plans
61Matters to be considered in relation to a plan
62Application to registered Aboriginal party for approval
63Decision by registered Aboriginal party
64When does a plan approved by a registered Aboriginal party take effect?
65Approval by Secretary
66Approval by Council
66AAmendments to approved cultural heritage management plans
Division 6—General
67Sponsor must give assessment documentation to Secretary
67ASponsor must comply with approved cultural heritage management plan
Part 5—Cultural heritage agreements
Division 1—Making and amendment of agreements
68What is a cultural heritage agreement?
69Parties to a cultural heritage agreement
70Form of cultural heritage agreement
71Amendment of cultural heritage agreement
72Agreement of no effect without consent of registered Aboriginal parties
73When does a cultural heritage agreement begin?
74When does a cultural heritage agreement end?
Division 1A—Aboriginal cultural heritage land management agreements
74AWhat is an Aboriginal cultural heritage land management agreement?
74BAboriginal cultural heritage land management agreement to be prepared in accordance with prescribed standards
74CConditions of Aboriginal cultural heritage land management agreement
74DNotice of intention to enter into an Aboriginal cultural heritage land management agreement
74ECopy of Aboriginal cultural heritage land management agreement must be given to Secretary
74FAmendments to Aboriginal cultural heritage land management agreements
74GOffence to fail to comply with Aboriginal cultural heritage land management agreement
74HApplication of Aboriginal cultural heritage land management agreement if registration of registered Aboriginal party revoked or suspended
74IWhen does an Aboriginal cultural heritage land management agreement begin?
74JWhen does an Aboriginal cultural heritage land management agreement end?
Division 2—Lodgement and registration of agreements
75Cultural heritage agreements to be lodged with Secretary
76Registration of cultural heritage agreements
77Effect of registration
78Governor in Council may release covenant
79Cancellation or amendment of registration
Part 5A—Aboriginal intangible heritage
79AApplication of Part
79BWhat is Aboriginal intangible heritage?
79CRegistration of Aboriginal intangible heritage
79DAboriginal intangible heritage agreements
79EForm of Aboriginal intangible heritage agreement
79FRegistration of Aboriginal intangible heritage agreements
79GOffence to use registered Aboriginal intangible heritage for commercial purposes
79HOffence to fail to comply with a registered Aboriginal intangible heritage agreement
79IApplication of Aboriginal intangible heritage agreement if registration of certain parties revoked or suspended
79JWhen does an Aboriginal intangible agreement begin?
79KWhen does an Aboriginal intangible heritage agreement end?
79LEvidentiary provision regarding Aboriginal intangible heritage
Part 6—Cultural heritage audits, stop orders and improvement notices
Division 1—Cultural heritage audits
80What is a cultural heritage audit?
81When can a cultural heritage audit be ordered?
82Requirement of cultural heritage audit
83Conduct of cultural heritage audit
84Report of cultural heritage audit
85Approval of report of audit
86Notification and effect of approval
Division 2—Stop orders
87When can a stop order be issued?
88Stop order required for cultural heritage audit
89What can a stop order do?
90How is a stop order delivered?
91How long does a stop order operate?
92Extension of stop order
93Revocation of stop order
94Further stop order
95Offence to fail to comply with stop order
Division 3—24-hour stop orders
95A24-hour stop orders
95BCancellation of 24-hour stop order
95COffence to fail to comply with 24-hour stop order
Division 4—Improvement notices
95DImprovement notices
95EProceedings for offences not affected by improvement notices
95FOffence to fail to comply with improvement notice
95GAmendment of improvement notices
95HCancellation of improvement notices
Part 7—Protection declarations
Division 1—Interim protection declarations
96Interim protection declarations
97What must an interim protection declaration provide for?
98Period of interim protection declaration
99Amendment or revocation of interim protection declaration
100Minister to consult
101Publication of declaration
102Offence to contravene interim protection declaration
Division 2—Ongoing protection declarations
103Ongoing protection declarations
104What must an ongoing protection declaration provide for?
105Amendment or revocation of ongoing protection declaration
106Minister to consult
107Publication of declaration
108Offence to contravene ongoing protection declaration
Division 3—General
109Declaration has effect
110Notices relating to declarations
Part 8—Disputes regarding Aboriginal cultural heritage
Division 1—Disputes regarding cultural heritage management plans
Subdivision 1—Alternative dispute resolution
111Meaning of dispute
112What alternative dispute resolution includes
113Referral of disputes for alternative dispute resolution
114Costs of alternative dispute resolution
115Statements made during alternative dispute resolution not admissible
Subdivision 2—Dispute resolution in VCAT
116Sponsor may apply to VCAT
117Parties to proceeding
118Decision of VCAT
119VCAT to consider certain matters
120VCAT to be satisfied of certain matters
Division 2—Disputes regarding cultural heritage permits
121Applicant for cultural heritage permit may apply to VCAT
122Parties to proceeding
123Decision of VCAT
124VCAT to be satisfied of certain matters
Division 3—Disputes regarding protection declaration decisions
125What is a protection declaration decision?
126Review of protection declaration decisions
127Parties to proceeding
128Decision of VCAT
129VCAT to have regard to certain matters
Part 9—Administration
Division 1—Aboriginal Heritage Council
130Establishment of Council
131Membership
132Functions of the Council
132ADelegation of Council's functions
133Functions of the Chairperson
134Payment of members
135Resignation and removal
136Acting members
137Alternate members
137ATerms and conditions for alternate members
138Election of Chairperson and Deputy Chairperson
139Procedure of the Council
140Effect of a vacancy or defect
141Immunity from liability
142Conflict of interest
142ACouncil advisory committees
142BProcedure for advisory committees
142CRemuneration
Division 2—The Secretary
143Functions of the Secretary
Division 3—Victorian Aboriginal Heritage Register
144Victorian Aboriginal Heritage Register
144APurposes of the Register
145What is in the Register?
146Who may access the Register?
146AAccessing the Register for sensitive information
147Secretary may provide advice to persons or bodies seeking access to Register
147AOffence to knowingly or recklessly use information for prohibited purposes
Part 10—Registered Aboriginal parties
Division 1—Functions of registered Aboriginal parties
148Functions of a registered Aboriginal party
149Registered Aboriginal party must act in good faith
Division 2—Application and registration
150Application for registration
151Determination of application for registration
152Effect of determination
153Parties for area
154Notice of determination
154AConditions of registration
155Variation of registration
156Suspension and revocation of registration
157Procedure for suspension or revocation of registration
158Review of decisions of the Council
158AFurther registration of existing registered Aboriginal parties
Part 10A—Aboriginal Cultural Heritage Fund
158BEstablishment of Aboriginal Cultural Heritage Fund
158CPayments into Aboriginal Cultural Heritage Fund
158DPayments out of the Aboriginal Cultural Heritage Fund
158EPower of Council to borrow money
158FPower of Council to accept gifts
158GAcquisition and sale of land by Council
158HRates of interest on loans
Part 11—Enforcement
Division 1—Authorised officers
159Functions of authorised officers
160Appointment of authorised officers
161Re-appointment of authorised officers
162Suspension and revocation of appointment
163Cessation of appointment
164Identity cards
165Authorised officer to produce identity card
Division 1A—Aboriginal heritage officers
165AFunctions of Aboriginal heritage officers
165BAppointment of Aboriginal heritage officers
165CSuspension and revocation of appointment
165DIdentity cards
165EAboriginal heritage officer to produce identity card
Division 2—Powers of authorised officers and Aboriginal heritage officers
166General power to enter land or premises
167Obtaining the consent of the occupier
168Power to enter land or premises open to public
169Power to enter land or premises for audit
170Search powers upon entry
171Seizure powers on entry without search warrant
172Seizure power without consent
173Search warrants
174Announcement before entry
175Copy of search warrant to be given to occupier
176Receipt for seized things
177Security of seized things
178Seizure of Aboriginal ancestral remains or object
179Return of seized things
180Authorised officer or Aboriginal heritage officer may require giving of name and address
181Authorised officer or Aboriginal heritage officer may require information
182Authorised officer may take affidavits
183Person must not give false information etc.
Division 3—General
184Report to be given about entry
185Person must not impersonate, obstruct or hinder authorised officer or Aboriginal heritage officer
186Who may prosecute?
187Evidence
187ACriminal liability of officers of bodies corporate—failure to exercise due diligence
187BTime for bringing proceedings
Part 12—General
188Delegation
189Heritage advisor
190Approval of forms
191Tax and rate remissions
192Report on operation of Act
194Regulations
Part 13—Repeal, saving and transitional provisions and amendment of Acts
196Saving and transitional provisions
197Validation provision
198Savings and transitional provisions—Aboriginal Heritage Amendment Act 2016
Schedules
Schedule 1—Saving and transitional provisions
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 029
Aboriginal Heritage Act 2006
No. 16 of 2006
Version incorporating amendments as at
22 October 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to provide for the protection of Aboriginal cultural heritage and Aboriginal intangible heritage in Victoria; and
(b)to empower traditional owners as protectors of their cultural heritage on behalf of Aboriginal people and all other peoples; and
(c)to strengthen the ongoing right to maintain the distinctive spiritual, cultural, material and economic relationship of traditional owners with the land and waters and other resources with which they have a connection under traditional laws and customs; and
(d)to promote respect for Aboriginal cultural heritage, contributing to its protection as part of the common heritage of all peoples and to the sustainable development and management of land and of the environment.
2Commencement
This Act comes into operation on a day or days to be proclaimed.
3Objectives
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;
(b)to recognise Aboriginal people as the primary guardians, keepers and knowledge holders of Aboriginal cultural heritage;
(c)to accord appropriate status to traditional owners, including a preference to appoint traditional owner bodies corporate as registered Aboriginal parties;
(d)to promote the management of Aboriginal cultural heritage as an integral part of land and natural resource management;
(e)to promote public awareness and understanding of Aboriginal cultural heritage in Victoria;
(f)to establish an Aboriginal cultural heritage register to record Aboriginal cultural heritage;
(g)to establish processes for the timely and efficient assessment of activities that have the potential to harm Aboriginal cultural heritage;
(h)to promote the use of agreements that provide for the management and protection of Aboriginal cultural heritage;
(i)to establish mechanisms that enable the resolution of disputes relating to the protection of Aboriginal cultural heritage;
(j)to provide appropriate sanctions and penalties to prevent harm to Aboriginal cultural heritage;
(k)to recognise, protect and conserve Aboriginal intangible heritage by recording it on the Victorian Aboriginal Heritage Register.
4Definitions
(1)In this Act—
Aboriginal ancestral remains means the whole or part of the bodily remains of an Aboriginal person but does not include—
(a)a body, or the remains of a body, buried in a public cemetery that is still used for the interment of human remains; or
(b)an object made from human hair or from any other bodily material that is not readily recognisable as being bodily material; or
(c)any human tissue—
(i)dealt with or to be dealt with in accordance with the Human Tissue Act 1982 or any other law of a State, a Territory or the Commonwealth relating to medical treatment or the use of human tissue; or
(ii)otherwise lawfully removed from an Aboriginal person;
Aboriginal cultural heritage means Aboriginal places, Aboriginal objects and Aboriginal ancestral remains;
Aboriginal Cultural Heritage Fund means the fund established under Part 10A;
Aboriginal cultural heritage land management agreement means an agreement entered into under Division 1A of Part 5;
Aboriginal heritage officer means a person appointed as an Aboriginal heritage officer under Division 1A of Part 11;
* * * * *
Aboriginal intangible heritage has the meaning given by section 79B;
Aboriginal intangible heritage agreement means an agreement entered into under Part 5A;
Aboriginal object means—
(a)an object in Victoria or the coastal waters of Victoria that—
(i)relates to the Aboriginal occupation of any part of Australia, whether or not the object existed prior to the occupation of that part of Australia by people of non-Aboriginal descent; and
(ii)is of cultural heritage significance to Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria; or
(b)an object, material or thing in Victoria or the coastal waters of Victoria—
(i)that is removed or excavated from an Aboriginal place; and
(ii)is of cultural heritage significance to Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria—
but does not include—
(c)an object that has been made, or is likely to have been made, for the purpose of sale (other than an object made for barter or exchange in accordance with Aboriginal tradition); or
(d)Aboriginal ancestral remains;
Aboriginal person means a person belonging to the indigenous peoples of Australia;
Aboriginal place has the meaning given by section 5;
Aboriginal tradition means—
(a)the body of traditions, knowledge, observances, customs and beliefs of Aboriginal people generally or of a particular community or group of Aboriginal people; and
(b)any such traditions, knowledge, observances, customs or beliefs relating to particular persons, areas, objects or relationships;
activity means the development or use of land;
approved cultural heritage management plan means a cultural heritage management plan approved under this Act;
approved form means a form approved by the Secretary under section 190;
authorised officer means a person appointed as anauthorised officer under Division 1 of Part11;
* * * * *
Catchment Management Authority means an Authority within the meaning of the Catchment and Land Protection Act 1994;
coastal waters of Victoria has the same meaning as the expression "coastal waters of the State" has in relation to Victoria under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;
committee of management means a committee of management appointed under the CrownLand (Reserves) Act 1978;
contravene includes fail to comply with;
coroner has the same meaning as in the Coroners Act 2008;
Council means the Aboriginal Heritage Council established under Part 9;
* * * * *
cultural heritage agreement has the meaning given by section 68;
cultural heritage audit has the meaning given by section 80;
cultural heritage management plan has the meaning given by section 42;
cultural heritage permit means a cultural heritage permit granted under this Act;
cultural heritage significance includes—
(a)archaeological, anthropological, contemporary, historical, scientific, social or spiritual significance; and
(b)significance in accordance with Aboriginal tradition;
Department means the Department of Premier and Cabinet;
development, in relation to land, includes the following kinds of development—
(a)the construction or exterior alteration or exterior decoration of a building;
(b)the demolition or removal of a building or works;
(c)the construction or carrying out of works;
(d)the subdivision or consolidation of land, including buildings and airspace;
(e)the placing or relocation of a building or works on land;
(f)the construction or putting up for display of signs or hoardings;
environmental and ecological knowledge, in relation to Aboriginal tradition, includes knowledge of medicinal and other properties of flora and fauna, minerals and other elements of the environment;
Executive Director of Heritage Victoria means the Executive Director within the meaning of the Heritage Act 1995;
harm, in relation to Aboriginal cultural heritage, includes damage, deface, desecrate, destroy, disturb, injure or interfere with;
Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;
heritage advisor means a person who has the qualifications and experience, or experience or knowledge, required under section 189;
heritage place has the same meaning as in the Heritage Act 1995;
human tissue includes an organ, or part, of a human body or a substance extracted from, or from a part of, a human body;
* * * * *
interim protection declaration means an interim protection declaration made under this Act;
land use activity agreement has the same meaning as in the Traditional Owner Settlement Act 2010;
municipal council means a Council within the meaning of the Local Government Act 2020;
Museum of Victoria means the premises from time to time used by the Museums Board for its activities under the Museums Act 1983;
Museums Board means the Museums Board of Victoria established by section 10 of the Museums Act 1983;
Native Title Act means the Native Title Act 1993 of the Commonwealth;
native title agreement means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Native Title Act that is made between a group of Aboriginal persons and the Minister on behalf of the State;
native title party has the meaning given by section 6;
ongoing protection declaration means an ongoing protection declaration made under this Act;
Parks Victoria has the same meaning as in the Parks Victoria Act2018;
police officer has the same meaning as in the Victoria Police Act 2013;
preliminary Aboriginal heritage test means a test prepared under Division 2A of Part 4;
public cemetery has the same meaning as in the Cemeteries and Crematoria Act 2003;
public land manager means any of the following—
(a)a committee of management;
(b)the Secretary to the Department of Energy, Environment and Climate Action;
(c)a municipal council;
(d)Parks Victoria;
(e)the Head, Transport for Victoria;
(f)VicTrack;
(g)a water authority;
recognition and settlement agreement has the same meaning as in the Traditional Owner Settlement Act 2010;
Register means the Victorian Aboriginal Heritage Register established under section 144;
registered Aboriginal intangible heritage means Aboriginal intangible heritage recorded by the Secretary in the Register;
registered Aboriginal intangible heritage agreement means an Aboriginal intangible heritage agreement recorded by the Secretary in the Register;
registered Aboriginal party means a body that is registered under Part 10;
registered native title body corporate has the same meaning as in the Native Title Act;
registered native title claimant has the same meaning as in the Native Title Act;
registered native title holder means—
(a)a registered native title body corporate; or
(b)an entity, other than a registered native title body corporate, that is the subject of a determination of native title under the Native Title Act and is registered on the National Native Title Register established under that Act as holding native title rights and interests;
rehabilitate, in relation to land, means works using hand tools—
(a)to improve the condition of the land; or
(b)to prevent degradation or erosion of the land; or
(c)to revegetate the land;
relevant registered Aboriginal party means—
(a)in relation to a cultural heritage management plan, a registered Aboriginal party that is registered for the area to which the plan relates;
(b)in relation to a cultural heritage agreement, a registered Aboriginal party that is a party to the agreement;
(c)in relation to a cultural heritage permit, a registered Aboriginal party that, under section 39, provides advice to the Secretary on the application for the permit;
(d)in relation to an interim or ongoing protection declaration or an application for that declaration, a registered Aboriginal party for the area—
(i)in which the Aboriginal place to which the declaration or application relates is located; or
(ii)from which the Aboriginal object to which the declaration or application relates originated;
(e)in any other case, a registered Aboriginal party that the Secretary is satisfied is a relevant registered Aboriginal party in the circumstances of that case;
sacred means sacred according to Aboriginal tradition;
secret means secret according to Aboriginal tradition;
secret or sacred object includes an Aboriginal object directly associated with a traditional Aboriginal burial;
Secretary means the Secretary to the Department;
sell, in relation to an Aboriginal object, means—
(a)dispose of by sale, barter or exchange; or
(b)agree, or offer, to dispose of by sale, barter or exchange; or
(c)advertise or expose for the purpose of sale, barter or exchange; or
(d)consign, or have possession of on consignment, for the purpose of sale, barter or exchange; or
(e)do anything referred to in paragraphs(a) to (d) through an onlineauction house;
sponsor, in relation to a cultural heritage management plan, means—
(a)if the plan is required under this Act in relation to an activity, the person who is seeking to undertake that activity; and
(b)in any other case, the person seeking the preparation of the plan;
State entity means a person or body that represents the State;
stop order means a stop order issued under Division 2 of Part 6;
survey for Aboriginal cultural heritage means—
(a)a survey of land, other than by disturbing or excavating the land, to discover Aboriginal cultural heritage; or
(b)a survey of land for the purposes of a preliminary Aboriginal heritage test;
* * * * *
traditional owner has the meaning given by section 7;
traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;
24-hour stop order means a 24-hour stop order issued under Division 3 of Part 6;
university means any of the following—
(a)Australian Catholic University;
(b)Deakin University;
(c)Federation University Australia;
(d)La Trobe University;
(e)Monash University;
(f)Royal Melbourne Institute of Technology;
(g)Swinburne University of Technology;
(h)The University of Melbourne;
(i)Victoria University;
use, in relation to land, includes use or proposed use for the purpose for which the land has been, is being or may be developed;
* * * * *
VicTrack means Victorian Rail Track established by section 8 of the Rail Corporations Act 1996 and continued under section 116 of the Transport Integration Act 2010;
water authority means an Authority within the meaning of the Water Act 1989;
works includes—
(a)any physical intervention, excavation or action that may result in a change to the structure, appearance or physical nature of a place; and
(b)any change to the natural or existing condition or topography of land; and
(c)the removal or destruction of trees; and
(d)the removal of vegetation or topsoil.
(2)If under the Public Administration Act 2004 the name of the Department of Premier and Cabinet is changed, a reference in the definition of "Department" in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to that Department by its new name.
(3)For the purposes of this Act, an object originates from an area whether it is still in its original location in that area or has been removed from that location.
5What is an Aboriginal place?
(1)For the purposes of this Act, an Aboriginal place is an area in Victoria or the coastal waters of Victoria that is of cultural heritage significance to Aboriginal people generally or of a particular community or group of Aboriginal people in Victoria.
(2)For the purposes of subsection (1), area includes any one or more of the following—
(a)an area of land;
(b)an expanse of water;
(c)a natural feature, formation or landscape;
(d)an archaeological site, feature or deposit;
(e)the area immediately surrounding any thing referred to in paragraphs (c) and (d), to the extent that it cannot be separated from the thing without diminishing or destroying the cultural heritage significance attached to the thing by Aboriginal people;
(f)land set aside for the purpose of enabling Aboriginal ancestral remains to be re‑interred or otherwise deposited on a permanent basis;
(g)a building or structure.
6Who is a native title party for an area?
(1)For the purposes of this Act, a body is a native title party for an area if it is any of the following—
(a)a registered native title claimant for the area;
(b)a person who was a registered native title claimant for the area, but only if—
(i)the person's claim has failed, but there is no other registered native title claimant for the area, and there is not, and never has been, a native title holder for the area; or
(ii)the person has surrendered the person's native title in respect of the area under a native title agreement; or
(iii)the person's native title has been compulsorily acquired or has otherwise been extinguished;
(c)a registered native title holder for the area;
(d)a person who was a registered native title holder for the area, but only if—
(i)the person has surrendered the person's native title in respect of the area under a native title agreement; or
(ii)the person's native title has been compulsorily acquired or has otherwise been extinguished.
(2)A registered native title claimant or a person referred to in subsection (1)(b) is a native title party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Native Title Act for a determination of native title, regardless of the nature and extent of the claimant's claims in relation to any particular part of the whole area.
(3)A registered native title holder or a person referred to in subsection (1)(d) is a native title party for the whole area included within the outer boundaries of the area in relation to which the application was made under the Native Title Act for a determination of native title, regardless of the extent to which native title was found to exist in relation to any particular part of the whole area.
7Traditional owners
(1)For the purposes of this Act, a person is a traditional owner of an area if—
(a)the person is an Aboriginal person with particular knowledge about traditions, observances, customs or beliefs associated with the area; and
(b)the person—
(i)has responsibility under Aboriginal tradition for significant Aboriginal places located in, or significant Aboriginal objects originating from, the area; or
(ii)is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for significant Aboriginal places located in, or significant Aboriginal objects originating from, the area.
(2)For the purposes of this Act, a person is a traditional owner of Aboriginal ancestral remains if the person is an Aboriginal person who—
(a)has responsibility under Aboriginal tradition for the remains; and
(b)is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for the remains.
(3)For the purposes of this Act, a person is a traditional owner of a secret or sacred object if the person is an Aboriginal person who—
(a)has responsibility under Aboriginal tradition for the object; and
(b)is a member of a family or clan group that is recognised as having responsibility under Aboriginal tradition for the object.
8Heritage significance not affected by damage
For the purposes of this Act, Aboriginal cultural heritage does not cease to be Aboriginal cultural heritage if it is damaged or modified.
9Act does not affect operation of Coroners Act 2008
Subject to section 19A, nothing in this Act affects the operation of the Coroners Act 2008.
10Native title rights and interests
(1)Nothing in this Act is intended to affect native title rights and interests otherwise than in accordance with the Native Title Act.
(2)The provisions of this Act must be interpreted in a way that does not prejudice native title rights and interests to the extent that those rights and interests are recognised and protected by the Native Title Act.
(3)In this section, affect and native title rights and interests have the same meanings as in the Native Title Act.
11Act binds the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—OWNERSHIP AND CUSTODY OF ABORIGINAL CULTURAL HERITAGE
Division 1—Underlying principles
12Principles
(1)The following principles underlie this Part—
(a)as far as practicable, Aboriginal cultural heritage should be owned by and returned to traditional owners of the area from which the Aboriginal cultural heritage is reasonably believed to have originated if it is any of the following—
(i)Aboriginal ancestral remains;
(ii)secret or sacred Aboriginal objects;
(aa)as far as practicable, registered Aboriginal intangible heritage should be owned by any registered Aboriginal party, registered native title holder or traditional owner group entity applying to register that heritage on behalf of traditional owners of the area from which the Aboriginal intangible heritage is reasonably believed to have originated;
(b)Aboriginal cultural heritage of the kind referred to in paragraph (a) that is in the custody of the State should continue to be protected by the State until it can be transferred into the protection of its Aboriginal owners.
(2)In this section—
own includes collective ownership and custodianship as understood by traditional owners in accordance with Aboriginal tradition.
Division 2—Aboriginal ancestral remains
Note
Section 13 of this Act, as in force before its repeal by section 11 of the Aboriginal Heritage Amendment Act 2016, made certain Aboriginal people the owners of Aboriginal ancestral remains.
* * * * *
14Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities
(1)Within 2 years of the commencement of section 12 of the Aboriginal HeritageAmendment Act 2016, a public entity or a university must—
(a)notify the Council in writing of any Aboriginal ancestral remains that are in its possession on the commencement of that section; and
(b)give a report in the prescribed form to the Council, including a list and details of the Aboriginal ancestral remains.
Penalty: 3000 penalty units.
Note
Section 187A applies to an offence against this subsection.
(2)The Council must, within 90 days of receiving a report under subsection (1), give notice of the report—
(a)to any relevant traditional owner of the Aboriginal ancestral remains referred to in the report; and
(b)to any relevant registered Aboriginal party.
(3)A public entity or a university must take all reasonable steps to transfer the Aboriginal ancestral remains into the custody of the Council as soon as practicable after giving a report to the Council under subsection (1).
(4)This section applies in addition to any other provision of this Act relating to the reporting and transfer of Aboriginal ancestral remains to the Council.
(5)In this section—
public entity has the same meaning as in the Public Administration Act 2004.
* * * * *
17Reporting Aboriginal ancestral remains by persons other than coroner
(1)This section applies to a person if the person—
(a)knows of the existence and location of human remains; and
(b)knows that the human remains are, or are reasonably likely to be, Aboriginal ancestral remains.
(2)This section does not apply to an Aboriginal person—
(a)who is the rightful owner of the Aboriginal ancestral remains; or
(b)who reasonably believes that transferring the remains would be contrary to Aboriginal tradition.
(3)A person to whom this section applies must—
(a)as soon as practicable, report the existence of the human remains to the Council; and
(b)give the Council all details about the location and nature of the human remains that the Council reasonably requires.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Note
Section 187A applies to an offence against this subsection.
(4)It is a defence to proceedings under subsection (3) if the person had reasonable cause to believe that the Council was aware of the existence and location of the human remains.
18Council must determine how to act on report
(1)This section applies if the Council—
(a)receives a report under section 17; and
(b)is satisfied that the report relates to Aboriginal ancestral remains.
(2)The Council must—
(a)inform the person who gave the report of the person's obligations under section 19 (if applicable); and
(b)after taking reasonable steps to consult with any Aboriginal person or body the Council believes may have an interest in the Aboriginal ancestral remains, determine the appropriate course of action to be taken in relation to the Aboriginal ancestral remains.
19Transfer of Aboriginal ancestral remains to Council
(1)This section applies to a person who—
(a)is in possession of Aboriginal ancestral remains that are not presently part of, or contained within, an Aboriginal place; and
(b)knows or ought reasonably to know, or is reckless as to whether, the Aboriginal ancestral remains are Aboriginal ancestral remains—
but does not apply—
(c)to the State; or
(d)to an Aboriginal person who is the rightful owner of the Aboriginal ancestral remains; or
(e)to an Aboriginal person who reasonably believes that transferring the Aboriginal ancestral remains would be contrary to Aboriginal tradition; or
(f)to a coroner.
(2)The person must, as soon as practicable, take all reasonable steps to transfer the Aboriginal ancestral remains into the custody of the Council.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Note
Section 187A applies to an offence against this subsection.
19ATransfer of Aboriginal ancestral remains to Council by coroner
A coroner who has reported to the Council that a body is, or is likely to be, Aboriginal ancestral remains must, as soon as practicable, transfer the remains into the custody of the Council.
Note
A coroner is required under sections 16A and 23(4) of the Coroners Act 2008 to report to the Council if, in investigating a death, the coroner believes that the body is, or is likely to be, Aboriginal ancestral remains, or if a preliminary examination performed by a medical investigator determines that the body is, or is likely to be, Aboriginal ancestral remains.
20What must the Council do with transferred Aboriginal ancestral remains?
(1)If Aboriginal ancestral remains are transferred to the Council under sections 14, 19, 19A or 178, the Council must—
(a)transfer the remains to any relevant traditional owner of the remains, or to any relevant registered Aboriginal party that the Council is satisfied is entitled to and willing to take possession, custody or control of the remains; or
(b)transfer the remains to the Museums Board for safekeeping; or
(c)otherwise deal with the remains as the Council thinks appropriate.
(2)The Museums Board must accept for safekeeping any Aboriginal ancestral remains transferred to the Board under subsection (1).
20AReporting of interment of Aboriginal ancestral remains outside of an Aboriginal place
A person who inters Aboriginal ancestral remains outside of an Aboriginal place must, as soon as practicable, report the location of the interment to the Secretary.
Division 3—Secret or sacred Aboriginal objects
21Ownership of secret or sacred objects before the Aboriginal Heritage Amendment Act 2016
(1)This section applies to an Aboriginal object that—
(a)is a secret or sacred object; and
(b)is, immediately before the commencement of this section, in the custody of a State entity, or, on or after that commencement but before the commencement of section 20 of the Aboriginal Heritage Amendment Act 2016, comes into the custody of a State entity.
(2)Aboriginal people who have a traditional or familial link with the object, if they are not already the owners of the object, become the owners—
(a)if the object was in the custody of a State entity immediately before the commencement of this section, on that commencement; or
(b)in any other case, when the object comes into the custody of a State entity.
21AOwnership of secret or sacred objects after the Aboriginal Heritage Amendment Act 2016
(1)This section applies to an Aboriginal object that is a secret or sacred object that—
(a)is, on the commencement of this section, in the custody of a person (other than an Aboriginal person who is the rightful owner of the object) or, after that commencement, comes into the custody of that person; or
(b)on or after the commencement of this section, comes into the custody of a State entity.
(2)The traditional owners of an area in which the object is reasonably believed to have originated, if they are not already the owners of the object, become the owners—
(a)if the object was in the custody of a person (other than an Aboriginal person who is the rightful owner of the object) on the commencement of this section, on that commencement; or
(b)if the object was in the custody of a State entity on the commencement of this section, on that commencement; or
(c)in any other case, when the object comes into the custody of the person or the State entity.
(3)A person who has custody of an Aboriginal object that is a secret or sacred object but who is not the owner of the object must, as soon as practicable, take all reasonable steps to transfer the object into the custody of the Council.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Note
Section 187A applies to an offence against this subsection.
21BWhat must the Council do with transferred secret or sacred objects?
(1)If an Aboriginal object that is a secret or sacred object is transferred to the Council under section 21A, the Council must—
(a)transfer the object to an Aboriginal person or a registered Aboriginal party that the Council is satisfied is entitled to and willing to take possession, custody or control of the object; or
(b)transfer the object to the Museums Board for safekeeping; or
(c)otherwise deal with the object as the Council thinks appropriate.
(2)The Museums Board must accept for safekeeping any object transferred to the Board under subsection (1).
22Return of secret or sacred objects by State entity
(1)An Aboriginal person who, whether by virtue of this Act or otherwise, owns a secret or sacred Aboriginal object that is in the custody of a State entity may ask that entity—
(a)to return the object to him or her; or
(b)to continue to be the custodian of the object.
(2)If the State entity is satisfied that the person who makes a request under subsection (1) is the owner of the Aboriginal object, the entity must comply with the request to the greatest extent practicable.
(3)The State entity may seek the advice of the Council in relation to a request under subsection (1).
(4)A person who owns an Aboriginal object is not limited to making only one request under subsection (1).
23Return of secret or sacred objects by other entities
Atraditional owner of a secret or sacred Aboriginal object held or controlled by a university, museum or other institution may—
(a)on the initiative of the traditional owner, or in conjunction with one or more other Aboriginal persons, negotiate directly with the university, museum or other institution; or
(b)ask the Minister to negotiate with the university, museum or other institution on behalf of the traditional owner—
for the return of the secret or sacred Aboriginal object.
Division 4—Aboriginal places and objects
24Reporting discovery of Aboriginal places and objects
(1)This section applies if—
(a)a person discovers an Aboriginal place or object; and
(b)the person knows that the place or object is an Aboriginal place or object.
(2)The person must report the discovery to the Secretary as soon as practicable unless, at the time of making the discovery, the person had reasonable cause to believe that the Register contained a record of the place or object.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Note
Section 187A applies to an offence against this subsection.
(3)If a discovery of an Aboriginal place or object is made in the course of works being carried out on any land, the person in charge of the works is deemed for the purposes of this section to be the person who discovered the place or object.
25Continued use of surface of land
(1)This section applies if an Aboriginal place or object is located on the surface of land and—
(a)under the tenure on which the land is held, the owner or occupier of the land is entitled to the use and enjoyment of the surface of the land; or
(b)a person is otherwise entitled to the use and enjoyment of the surface of the land.
(2)Despite the existence of the Aboriginal place or object, the owner, occupier or other person is entitled to the use and enjoyment of the land to the extent that the person does not contravene section 27 or 28.
Division 5—Role of the Museums Board
26Role of Museums Board
(1)The Museums Board may accept the custody of Aboriginal cultural heritage.
(2)While the Museums Board has custody of any Aboriginal cultural heritage transferred to it under this Act, the Museums Board must ensure that the heritage is lodged at the Museum of Victoria.
(2A)Subsection (1) does not apply to any Aboriginal ancestral remains or secret or sacred Aboriginal objects transferred to the Museums Board for safekeeping under this Act.
(3)Section 25 of the Museums Act 1983 does not apply to Aboriginal ancestral remains or secret or sacred Aboriginal objects.
PART 3—PROTECTION OF ABORIGINAL CULTURAL HERITAGE
Division 1—Protection from harm
27Harming Aboriginal cultural heritage unlawful
(1)A person is guilty of an offence if—
(a)the person by an act or omission harms Aboriginal cultural heritage; and
(b)at the time of the act or omission the person knew that the act or omission was likely to harm Aboriginal cultural heritage.
(2)A person who is guilty of an offence under subsection (1) is liable to a penalty not exceeding—
(a)in the case of a natural person,
1800 penalty units;
(b)in the case of a body corporate, 10 000 penalty units.
(3)A person is guilty of an offence if—
(a)the person by an act or omission harms Aboriginal cultural heritage; and
(b)at the time of the act or omission the person was reckless as to whether the act or omission was likely to harm Aboriginal cultural heritage.
(4)A person who is guilty of an offence under subsection (3) is liable to a penalty not exceeding—
(a)in the case of a natural person,
1200 penalty units;
(b)in the case of a body corporate,
6000 penalty units.
(5)A person is guilty of an offence if—
(a)the person by an act or omission harms Aboriginal cultural heritage; and
(b)at the time of the act or omission the person was negligent as to whether the act or omission was likely to harm Aboriginal cultural heritage.
(6)A person who is guilty of an offence under subsection (5) is liable to a penalty not exceeding—
(a)in the case of a natural person,
600 penalty units;
(b)in the case of a body corporate,
3000 penalty units.
(7)An offence under this section is an indictable offence.
Notes
1. The provisions of Division 12 of Part I of the Crimes Act 1958 (which deal with attempts) apply to indictable offences against this Act.
2. Section 187A applies to an offence against subsection (1), (3) or (5).
28A person must not harm Aboriginal cultural heritage
A person must not do an act that harms or is likely to harm Aboriginal cultural heritage.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
Note
Section 187A applies to an offence against this section.
29When is harm permitted?
A person who does an act that harms or is likely to harm Aboriginal cultural heritage does not commit an offence under section 27 or 28 if—
(a)the person is acting—
(i)in accordance with a cultural heritage permit or approved cultural heritage management plan that applies to the Aboriginal cultural heritage; or
(ia)in accordance with an Aboriginal cultural heritage land management agreement; or
(ii)in accordance with Aboriginal tradition as it relates to the Aboriginal cultural heritage; or
(b)the person does the act in the course of preparing a cultural heritage management plan or an Aboriginal cultural heritage land management agreement in accordance with this Act; or
(c)the harm is the result of doing an act that is necessary because of an emergency; or
(d)the person is a coroner or a person assisting the coroner who does the act in the course of determining whether human remains are Aboriginal ancestral remains.
30Order to repair or restore Aboriginal cultural heritage
(1)This section applies if a court accepts a plea of guilty from a person in relation to, or finds a person guilty of, or convicts a person of, an offence under this Division in relation to Aboriginal cultural heritage.
(2)In addition to any other sentence imposed in respect of the offence, the court may order the person to pay to the State or the Council or a relevant registered Aboriginal party, an amount of money for or towards—
(a)the cost of any repair or restoration of the Aboriginal cultural heritage needing to be carried out; and
(b)the cost of any repair or restoration of anything else that is not the Aboriginal cultural heritage, but that is associated with the Aboriginal cultural heritage and also needs to be repaired or restored because of the offence.
(3)The court may also order the person to take any reasonable steps that the court thinks appropriate for any restoration of land that needs to be done because of the offence.
Division 2—Acquisition and grant of land
31Acquisition of Aboriginal place
(1)The Minister may acquire, by agreement or compulsory acquisition, any land that contains an Aboriginal place if the Minister is satisfied that—
(a)the Aboriginal place is of such cultural heritage significance to Aboriginal people that it is irreplaceable; and
(b)no other practicable arrangements can be made to ensure the proper protection and maintenance of the Aboriginal place.
(2)Subject to subsections (3) and (4), the Land Acquisition and Compensation Act 1986 applies to a compulsory acquisition by the Minister under this section and for that purpose—
(a)the Aboriginal Heritage Act 2006 is the special Act; and
(b)the Minister is the Authority.
(3)Despite anything to the contrary in the Land Acquisition and Compensation Act 1986, land acquired by the Minister under this section vests in the Crown.
(4)A person is not entitled to compensation under the Land Acquisition and Compensation Act 1986 or this Act for the value of an Aboriginal object or Aboriginal ancestral remains on or under the surface of the land acquired under this section.
32Grant of land
(1)The Governor in Council, on behalf of the Crown, may grant to any registered Aboriginal party or other Aboriginal person or body for an estate in fee simple any land acquired under section 31.
(2)A Crown grant under this section is subject to any terms, conditions, covenants, exceptions, reservations and limitations that the Governor in Council may determine.
(3)This section applies despite anything to the contrary in the Land Act 1958.
Division 3—Control of activities
33Possession of Aboriginal object
(1)A person must not have in the person's possession an Aboriginal object if the person knows, or ought reasonably to know, that the object is an Aboriginal object.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Note
Section 187A applies to an offence against this subsection.
(2)A person who has an Aboriginal object in the person's possession does not commit an offence under subsection (1) if—
(a)the person is acting—
(i)under the authority of another provision of this Act that applies to the Aboriginal cultural heritage; or
(ii)in accordance with a cultural heritage permit, approved cultural heritage management plan or cultural heritage agreement that applies to the Aboriginal cultural heritage; or
(b)the person is the owner of the Aboriginal cultural heritage; or
(c)the person is acting with the consent of the owner of the Aboriginal cultural heritage; or
(d)the person's possession of the object is necessary because of an emergency.
34Control of activities
(1)Subject to this section, a person must not—
(a)disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage; or
(b)carry out scientific research on an Aboriginal place or remove an Aboriginal object from that place for the purpose of that research; or
(c)sell an Aboriginal object; or
(d)remove an Aboriginal object from Victoria—
other than in accordance with the terms of a cultural heritage permit if the person knows, or ought reasonably to know, or is reckless as to whether, the cultural heritage is Aboriginal cultural heritage.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
Notes
1. Certain permits cannot be obtained in relation to Aboriginal ancestral remains or secret or sacred Aboriginal objects: see section 37(1). The protection of Aboriginal ancestral remains and secret or sacred Aboriginal objects is dealt with in Part 2.
2. Section 187A applies to an offence against this subsection.
(2)Subsection (1) does not apply—
(a)to anything done in the course of preparing a cultural heritage management plan in accordance with Part 4 or an Aboriginal cultural heritage land management agreement; or
(b)to anything done in accordance with an approved cultural heritage management plan or an Aboriginal cultural heritage land management agreement; or
(c)to a public entity in respect of an Aboriginal object or a collection of Aboriginal objects that the public entity removes from Victoria for the purpose of—
(i)lending the object or collection to a person or body located outside Victoria; or
(ii)returning the object or collection to a person or body outside Victoria that had lent the object or collection to the public entity.
(3)In this section, public entity means—
(a)the Museums Board; or
(b)the Council of Trustees of the National Gallery of Victoria (within the meaning of the National Gallery of Victoria Act 1966); or
(c)a university; or
(d)a gallery or museum conducted by a body established for a public purpose.
34ASurveys for Aboriginal cultural heritage
(1)A person intending to carry out a survey for Aboriginal cultural heritage must give written notice of the person's intention to carry out the survey—
(a)to each relevant registered Aboriginal party; and
(b)to the Secretary (unless the Secretary is the person intending to carry out the survey); and
(c)to the owner or occupier of any land within the area to which the survey relates.
(2)A notice under subsection (1) must—
(a)contain the name and contact details of the person intending to carry out the survey for Aboriginal cultural heritage; and
(b)contain a description of the proposed activity to which the survey relates; and
(c)clearly identify the area in respect of which the survey is to be prepared; and
(d)specify the dates within which the survey is proposed to be undertaken.
(3)On receiving a notice under subsection (1), a registered Aboriginal party may, within 14 days, notify the person intending to carry out the survey whether the party wishes to participate in the survey.
(4)A registered Aboriginal party that notifies the person under subsection (3) may participate in the conduct of the survey.
(5)A person who carries out a survey for Aboriginal cultural heritage must give a copy of any relevant documentation to the Secretary for recording on the Register by the earlier of—
(a)30 days after producing the final report relating to the survey; or
(b)within 12 months after giving notice under subsection (1).
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 50 penalty units.
Note
Section 187A applies to an offence against this subsection.
(6)If a person intending to carry out a survey for Aboriginal cultural heritage gives a notice under subsection (1) but does not carry out the survey, the person must notify the Secretary that the survey was not carried out.
(7)This section does not apply to a person intending to carry out—
(a)a survey for Aboriginal cultural heritage within an area to which an Aboriginal cultural heritage land management agreement applies; or
(b)a survey for the purposes of a cultural heritage management plan.
(8)In this section—
relevant documentation means any site records, photographs, maps and plans relating to the survey for Aboriginal cultural heritage, and a copy of any final report.
35Forfeiture of Aboriginal object to Crown
(1)On conviction for an offence against section 34 involving an Aboriginal object, in addition to any other sentence imposed in respect of the offence, the court by which the person was convicted—
(a)must, if the object is owned by the person; and
(b)may in all other cases—
order that the object be forfeited to the Crown.
(2)In this section, conviction includes a plea of guilty or a finding of guilt by a court, even if a conviction is not recorded.
Division 4—Cultural heritage permits
35ADefinition
In this Division—
approval body, in relation to an application for a cultural heritage permit, means—
(a)a relevant registered Aboriginal party; or
(b)if there is no relevant registered Aboriginal party—the Secretary; or
(c)if the applicant is a registered Aboriginal party or the Secretary—the Council.
36Application for cultural heritage permit
(1)A person may apply to an approval body for a cultural heritage permit authorising the person to do one or more of the following—
(a)disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage;
(b)carry out research on an Aboriginal place or Aboriginal object, including the removal of an Aboriginal object from Victoria for the purposes of that research;
(c)carry out an activity that will, or is likely to, harm Aboriginal cultural heritage;
(d)sell an Aboriginal object;
(e)remove an Aboriginal object from Victoria;
(f)rehabilitate land at an Aboriginal place, including land containing burial grounds for Aboriginal ancestral remains;
(g)inter Aboriginal ancestral remains at an Aboriginal place.
(2)An application must—
(a)be made in the approved form; and
(b)be accompanied by the relevant prescribed fee (if any).
37Restrictions on grant of permit
(1)A cultural heritage permit authorising the applicant to do anything referred to in section 36(1)(c) to (e) must not be granted in respect of Aboriginal ancestral remains or an Aboriginal object that is a secret or sacred Aboriginal object.
(1A)The Secretary must consult with the Council before issuing a cultural heritage permit if the Secretary is the approval body and the application is for a permit to do anything referred to in section 36(1)(a) and (b) in respect of Aboriginal ancestral remains.
(2)A cultural heritage permit must not be granted for an activity for which a cultural heritage management plan is required under this Act.
(3)A cultural heritage permit must not be granted in respect of Aboriginal intangible heritage.
* * * * *
40Determination of application
(1)An approval body must consider every application for a cultural heritage permit to that body.
(2)After considering an application, theapproval body may decide—
(a)to grant the cultural heritage permit; or
(b)to refuse to grant the cultural heritage permit.
(3)An approval body must decide to grant or refuse to grant a cultural heritage permit within 30 days of receiving an application.
(3A)An approval body may request the applicant to provide any additional information that the body reasonably considers necessary to assist the body's decision.
(3B)A request under subsection (3A) must be made in writing and include the following information—
(a)the information to be provided;
(b)the date by which the information is to be provided, being at least 30 days after the request;
(c)a statement that the application will lapse if the information is not provided by that date.
(3C)The period referred to in subsection (3)—
(a)ceases to run when the approval body requests the additional information; and
(b)recommences to run when the information is provided to the approval body.
(3D)The period referred to in subsection (3)—
(a)ceases to run when the Secretary consults with the Council under subsection (3G); and
(b)recommences to run when the Council gives written advice to the Secretary or after 30 days, whichever is earlier.
(3E)If the approval body fails to decide to grant or refuse to grant a cultural heritage permit in accordance with this section, the approval body is taken to have refused to grant the permit.
(3F)If the approval body is the Secretary, the Secretary must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Secretary considers relevant when considering the application.
(3G)If the application is to rehabilitate land containing burials of Aboriginal ancestral remains or to inter Aboriginal ancestral remains, and there is no relevant registered Aboriginal party, the Secretary must consult with the Council when considering the application.
(4)If the grant of a cultural heritage permit would authorise an activity that would, or would be likely to, harm Aboriginal cultural heritage, the approvalbody must, before granting the permit, consider—
(a)the nature of the Aboriginal cultural heritage; and
(b)the impact, or the likely impact, of the activity on the Aboriginal cultural heritage; and
(c)the extent to which the harm to the Aboriginal cultural heritage could be minimised.
41Conditions on cultural heritage permits
(1)The approval body may include in the cultural heritage permit any conditions that the body reasonably considers appropriate, including—
(a)a condition that the activity authorised by the cultural heritage permit be supervised by a heritage advisor; or
(b)a condition that any Aboriginal cultural heritage found in the course of the activity authorised by the cultural heritage permit be conserved in a way specified in the permit; or
(c)a condition that specified things are to be done to the satisfaction of the approval body.
(2)The approval body must not include in the cultural heritage permit a condition that the applicant pay or give money or money's worth to the registered Aboriginal party.
41AOffence to fail to comply with cultural heritage permit
The holder of a cultural heritage permit must comply with the conditions of the permit.
Penalty:In the case of a natural person, 60penalty units;
In the case of a body corporate, 150 penalty units.
Note
Section 187A applies to an offence against this section.
41BTransfer of cultural heritage permits
(1)The holder of a cultural heritage permit may transfer the permit to another person with the written approval of the approval body.
(2)If the approval body is the Secretary, the Secretary must consult with, and consider the views of, any Aboriginal person or Aboriginal body that the Secretary considers relevant before approving the transfer of a cultural heritage permit.
41CAmendments to cultural heritage permits
This Division applies to a proposed amendment to a cultural heritage permit as if the proposed amendment were an application for a cultural heritage permit.
41DTaking effect of cultural heritage permits
A cultural heritage permit takes effect when a copy of the permit is lodged with the Secretary after being approved by the approval body.
PART 4—CULTURAL HERITAGE MANAGEMENT PLANS
Division 1—What is a cultural heritage management plan?
42What is a cultural heritage management plan?
(1)For the purposes of this Act, the preparation of a cultural heritage management plan for an area involves—
(a)an assessment of the area to determine the nature of any Aboriginal cultural heritage present in the area; and
(b)a written report setting out—
(i)the results of the assessment; and
(ii)conditions to be complied with before, during and after an activity to manage and protect the Aboriginal cultural heritage identified in the assessment.
(2)The written report is the cultural heritage management plan.
43Procedure for assessment
(1)An assessment for the purposes of a cultural heritage management plan must comply with the prescribed standards.
(2)Without limiting the range of activities that may be undertaken during an assessment of an area for the purposes of a cultural heritage management plan, the assessment may include—
(a)research into information relating to Aboriginal cultural heritage; and
(b)a survey for Aboriginal cultural heritage; and
(c)the disturbance or excavation of land to uncover or discover Aboriginal cultural heritage.
44Who may prepare a plan?
(1)Any person, other than the Minister, may be the sponsor of a cultural heritage management plan.
(2)Without limiting subsection (1), the following may sponsor a cultural heritage management plan—
(a)the Secretary;
(b)a municipal council;
(c)a registered Aboriginal party;
(d)a representative of a registered Aboriginal party appointed for that purpose by the party and acting on behalf of the party;
(e)the proponent of an activity;
(f)a representative of a proponent of an activity appointed for that purpose by the proponent and acting on behalf of the proponent.
45Voluntary cultural heritage management plan
A person may prepare a cultural heritage management plan even if the plan is not required under this Act.
45AAmendments to approved cultural heritage management plans
(1)Subject to subsection (2), this Division applies to a proposed amendment to an approved cultural heritage management plan as if the proposed amendment were a new cultural heritage management plan.
(2)An assessment of an area under section 42(1)(a) is not required for a proposed amendment to an approved cultural heritage management plan if the assessment for the purposes of the cultural heritage management plan before it was approved included the matters specified in the proposed amendment.
Division 2—When is a cultural heritage management plan required?
46Mandatory cultural heritage management plans
(1)A cultural heritage management plan is required under this Part for a proposed activity if—
(a)the regulations require the preparation of the plan for the activity; or
(b)the Minister directs the preparation of a plan for the activity under section 48; or
(c)a plan is required for the activity under section 49; or
(d)a plan is required for the activity under section 49A; or
(e)the Secretary receives an application for the certification of a preliminary Aboriginal heritage test determining that a proposed activity requires the preparation of a cultural heritage management plan, and the Secretary certifies that the test is correct.
(2)A person is guilty of an offence if—
(a)the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b)a cultural heritage management plan for the activity has not been approved under Division 5; and
(c)at the time of commencing the activity, the person knew the activity required a cultural heritage management plan.
(3)A person who is guilty of an offence under subsection (2) is liable to a penalty not exceeding—
(a)in the case of a natural person,
240 penalty units;(b)in the case of a body corporate,
1200 penalty units.
(4)A person is guilty of an offence if—
(a)the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b)a cultural heritage management plan for the activity has not been approved under Division 5; and
(c)at the time of commencing the activity, the person was reckless as to whether the activity required a cultural heritage management plan.
(5)A person who is guilty of an offence under subsection (4) is liable to a penalty not exceeding—
(a)in the case of a natural person,
120 penalty units;(b)in the case of a body corporate,
600 penalty units.
(6)A person is guilty of an offence if—
(a)the person commences an activity for which a cultural heritage management plan is required under this Part; and
(b)a cultural heritage management plan for the activity has not been approved under Division 5; and
(c)at the time of commencing the activity, the person was negligent as to whether the activity required a cultural heritage management plan.
(7)A person who is guilty of an offence under subsection (6) is liable to a penalty not exceeding—
(a)in the case of a natural person,
60 penalty units;(b)in the case of a body corporate,
300 penalty units.
Note
Section 187A applies to an offence against subsection (2), (4) or (6).
47Regulations may require plan
The regulations may specify the circumstances in which a cultural heritage management plan is required for an activity or class of activity.
48Minister may require plan
(1)The Minister may direct a person who proposes to carry out an activity to prepare a cultural heritage management plan before commencing the activity.
* * * * *
(3)If the Minister gives a direction to a person under this section, the Minister must, within 14 days after giving the direction, give notice of the direction to the responsible authority for the land on which the proposed activity is to be carried out.
(4)In this section, responsible authority has the same meaning as in the Planning and Environment Act 1987.
49Plan required if Environment Effects Statement required
(1)This section applies if a proponent or other person is required to prepare an Environment Effects Statement under the Environment Effects Act 1978 in respect of any works.
(2)The proponent or other person must, before commencing the works, also prepare a cultural heritage management plan for the area in which the works are to be carried out.
(3)In this section—
Environment Effects Statement and proponent have the same meanings as in the Environment Effects Act 1978;
works includes public works within the meaning of the Environment Effects Act 1978.
49APlan required if impact management plan or comprehensive impact statement is required
(1)This section applies if a project proponent is required to prepare an impact management plan or comprehensive impact statement in relation to a declared project.
(2)The project proponent must not commence works until a cultural heritage management plan for the area in which the works are to be carried out has been approved.
(3)In this section, declared project, comprehensive impact statement, impact management plan, project proponent and works have the same meaning as in the Major Transport Projects Facilitation Act 2009.
Division 2A—Preliminary Aboriginal heritage tests
49BApplication for certification of preliminary Aboriginal heritage test
(1)A person proposing an activity may prepare a preliminary Aboriginal heritage test for the purposes of determining whether the proposed activity requires the person to prepare a cultural heritage management plan.
(2)A person who prepares a preliminary Aboriginal heritage test may apply to the Secretary for certification of the test.
(3)An application under subsection (2) must be made in the prescribed form and be accompanied by the prescribed fee (if any).
49CCertification of preliminary Aboriginalheritage test
(2)The report must be in writing and include—
(a)the time of the entry and departure; and
(b)the purpose of the entry; and
(c)a description of things done while at the place, including whether the authorised officer or Aboriginal heritage officer took photographs, or made sketches, of anything at the place; and
(d)a summary of the authorised officer's or Aboriginal heritage officer's observations while at the place; and
(e)the procedure for contacting the authorised officer or Aboriginal heritage officer for further details of the entry.
(3)In this section, place includes land, premises and a vehicle.
185Person must not impersonate, obstruct or hinder authorised officer or Aboriginal heritage officer
(1)A person must not knowingly impersonate an authorised officer or Aboriginal heritage officer acting in his or her official capacity.
Penalty:60 penalty units, or 6 months imprisonment, or both.
(2)A person must not, without reasonable excuse, obstruct or hinder an authorised officer or Aboriginal heritage officer while the authorised officer or Aboriginal heritage officer is exercising a power or carrying out a duty or function under this Act in accordance with this Act.
Penalty:120 penalty units, or 12 months imprisonment, or both.
(3)It is a defence to a prosecution for an offence under subsection (2) if the authorised officer or Aboriginal heritage officer failed to inform the person of the existence of the offence before the authorised officer or Aboriginal heritage officer attempted to exercise the power or carry out the duty or function.
186Who may prosecute?
(1)Subject to subsection (2), proceedings for an offence against this Act may only be taken by the Secretary or a police officer.
(2)Proceedings for an indictable offence against this Act must not be commenced without the written consent of the Director of Public Prosecutions.
187Evidence
(1)In proceedings for an offence against this Act involving the contravention of a stop order,
a 24-hour stop order,an interim protection declaration or an ongoing protection declaration, the stop order, 24-hour stop order, interim protection declaration or ongoing protection declaration is evidence that the place or object in respect of which it was issued or made is an Aboriginal place or object.
(2)In any proceedings for an offence against this Act—
(a)a certificate signed by the Minister to the effect that a person named in the certificate is an authorised officer is evidence of that fact;
(b)a certificate signed by the Minister administering the Conservation, Forests and Lands Act 1987 to the effect that land identified in the certificate is Crown land is evidence of that fact;
(c)a certificate signed by the Secretary to the effect that a cultural heritage permit has not been issued in respect of particular Aboriginal cultural heritage is evidence of that fact;
(d)a certificate signed by the Secretary to the effect that an entry in respect of particular Aboriginal cultural heritage has been made in the Register is evidence of that fact;
(e)a certificate signed by the Chief Executive Officer of the Museums Board to the effect that an object referred to in the certificate is an Aboriginal object is evidence of that fact.
187ACriminal liability of officers of bodies corporate—failure to exercise due diligence
(1)If a body corporate commits an offence against a provision specified in subsection (2), an officer of the body corporate also commits an offence against the provision if the officer failed to exercise due diligence to prevent the commission of the offence by the body corporate.
(2)For the purposes of subsection (1), the following sections are specified—
(a)section 14(1);
(b)section 17(3);
(c)section 19(2);
(d)section 21A(3);
(e)section 24(2);
(f)section 27(1), (3) and (5);
(g)section 28;
(h)section 33(1);
(i)section 34(1);
(j)section 34A(5);
(k)section 41A;
(l)section 46(2), (4) and (6);
(m)section 67A(1), (3) and (5);
(n)subject to subsection (6), section 74G(1), (3) and (5);
(o)section 79G(1) and (2);
(p)section 79H(1), (3) and (5);
(q)section 83(3);
(r)section 95(1);
(s)section 95C(1);
(t)section 95F(1);
(u)section 102(1) and (3);
(v)section 108(1) and (3);
(w)section 110(6);
(x)section 147A(1) and (2).
(3)In determining whether an officer of a body corporate failed to exercise due diligence, a court may have regard to—
(a)what the officer knew, or ought reasonably to have known, about the commission of the offence by the body corporate; and
(b)whether or not the officer was in a position to influence the body corporate in relation to the commission of the offence by the body corporate; and
(c)what steps the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and
(d)any other relevant matter.
(4)Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear.
(5)An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision.
(6)This section does not apply to an officer performing a statutory function for or on behalf of a public land manager—
(a)referred to in paragraph (a), (b), (d) or (g) of the definition of public land manager in section 4(1); or
(b)that is a municipal council, when the municipal council is acting as a committee of management under the Crown Land (Reserves) Act 1978.
(7)In this section—
officer, in relation to a body corporate, means—
(a)a person who is an officer (as defined by section 9 of the Corporations Act) of the body corporate; or
(b)a person (other than a person referred to in paragraph (a)), by whatever name called, who is concerned in, or takes part in, the management of the body corporate.
187BTime for bringing proceedings
(1)Despite anything to the contrary in any Act, proceedings for an offence against this Act may be commenced within the period of 3 years after the commission of the alleged offence.
(2)Subsection (1) does not apply to indictable offences.
PART 12—GENERAL
188Delegation
(1)The Minister may, in writing, delegate any of his or her powers, functions or duties under this Act, other than this power of delegation—
(a)to the Secretary; or
(b)to a person employed in the Department.
(2)The Secretary may, in writing, delegate any of his or her powers, functions or duties under this Act, other than this power of delegation, to a person employed in the Department.
189Heritage advisor
(1)A person may only be engaged as a heritage advisor under this Act if the person—
(a)is appropriately qualified and experienced in a discipline directly relevant to the management of Aboriginal cultural heritage, such as anthropology, archaeology or history; or
(b)has extensive experience or knowledge in relation to the management of Aboriginal cultural heritage.
(2)The Minister may make guidelines specifying appropriate qualifications and experience for the purposes of this section.
(3)The Minister must consult with the Council before making any guidelines under this section.
(4)The guidelines must be published in the Government Gazette.
190Approval of forms
(1)The Secretary may approve forms for use under this Act.
(2)The Secretary must cause all approved forms to be published on the Internet site for the Department.
191Tax and rate remissions
(1)This section applies if the Minister believes on reasonable grounds that the conditions of—
(a)a cultural heritage agreement; or
(b)an ongoing protection declaration—
so restrict the purposes for which a person may use land that compliance with the agreement or declaration is not economically feasible.
(2)The Minister may make either or both of the following orders—
(a)an order remitting the whole or any part of the land tax payable by the owner of the land under the Land Tax Act 1958;
(b)an order remitting the whole or any part of any rates payable in respect of the land.
(3)The Minister cannot make an order under subsection (2)(a) unless the Treasurer agrees to the order being made.
(4)Before making an order under subsection (2)(b), the Minister must consult with the relevant rating authority.
(5)The Minister cannot make an order under subsection (2)(b) unless one of the following agrees to the order being made—
(a)the rating authority; or
(b)the Minister administering the legislation under which the rating authority is constituted.
192Report on operation of Act
(1)The Secretary must include in the annual report of the Department prepared under the Financial Management Act 1994 a report on the operation of this Act.
(2)The report must include—
(a)information on the exercise and performance by authorised officers of their powers, functions and duties under this Act;
(b)non-identifying information on any complaints received in relation to authorised officers and the action taken to address those complaints.
* * * * *
194Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prescribing standards for the conduct of assessments and the preparation of cultural heritage management plans under this Act;
(b)prescribing fees for evaluating, approving and amending cultural heritage management plans, applications for cultural heritage permits and applications for the certification of preliminary Aboriginal heritage tests;
(ba)prescribing fees to be charged by the Secretary, including fees in relation to allowing access to and maintaining the Register;
(bb)prescribing standards for the purposes of Aboriginal cultural heritage land management agreements;
(c)generally any other matter or thing that is authorised or required to be prescribed or necessary to be prescribed to carry out this Act.
(2)The regulations—
(a)may be of general or of specially limited application; and
(b)may differ according to differences in time, place or circumstance; and
(c)may require a matter affected by the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or a specified class of person; or
(iii)as specified in both subparagraphs (i) and (ii); and
(d)may apply, adopt or incorporate any matter contained in any document whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as in force at a particular time or as in force from time to time; and
(e)may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(f)may provide in a specified case or class of case for the exemption of activities or operations from all or any of the provisions of this Act, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified; and
(g)may be expressed as requiring the achievement of a specified object in relation to any particular subject matter.
PART 13—REPEAL, SAVING AND TRANSITIONAL PROVISIONS AND AMENDMENT OF ACTS
* * * * *
196Saving and transitional provisions
Schedule 1 contains saving and transitional provisions.
197Validation provision
(1)A director, officer or employee of a RAP who on or before the validation date has made a decision or taken any action or purported to make a decision or take any action under section 63(1) in good faith on behalf of the RAP is by virtue of this section to be taken to have been authorised by the RAP to make the decision or take the action.
(2)For the purposes of this Act, a decision or action or purported decision or action to which subsection (1) applies is a decision made or action taken by a RAP under section 63(1).
(3)Any action, matter or thing taken, arising or done as a result or consequence of, or in reliance upon, a decision or action or purported decision or action to which subsection (1) applies whether under this Act or otherwise is taken to be, and to always have been, as valid and effective as it would have been if this section had been in force at the time that the action, matter or thing was taken, arose or was done.
(4)In this section—
RAP means any of the following bodies corporate registered as a registered Aboriginal party under Part 10—
(a)Barengi Gadjin Land Council Aboriginal Corporation ICN 4395;
(b)Dja Dja Wurrung Clans Aboriginal Corporation ICN 4421;
(c)Gunaikurnai Land & Waters Aboriginal Corporation ICN 4768;
(d)Gunditj Mirring Traditional Owners Aboriginal Corporation ICN 4672;
(e)Martang Pty Ltd ACN 096 534 119;
(f)Taungurung Clans Aboriginal Corporation ICN 4191;
(g)Wathaurung Aboriginal Corporation ICN 3330;
(h)Wurundjeri Tribe Land & Compensation & Cultural Heritage Council Inc A0005530A;
(i)Yorta Yorta Nation Aboriginal Corporation ICN 3279;
validation date means the date on which the Aboriginal Heritage Amendment Act 2011 comes into operation.
198Savings and transitional provisions—Aboriginal Heritage Amendment Act 2016
(1)Aboriginal people who became the owners of Aboriginal human remains under section 13 of this Act, as in force immediately before the commencement of section 11 of the Aboriginal HeritageAmendment Act 2016, are taken to be the traditional owners of the remains on and after that commencement.
(2)A person appointed as an inspector under section 160 of this Act, as in force immediately before the commencement of section 99 of the Aboriginal Heritage Amendment Act 2016, is taken to be an authorised officer on the commencement of that section.
(3)To avoid doubt, the register kept under section 10(a) of the Archaeological andAboriginal Relics Preservation Act 1972 as in force immediately before the repeal of that Act is taken to form part of, and to have always formed part of, the Register established under section 144.
SCHEDULES
SCHEDULE 1—SAVING AND TRANSITIONAL PROVISIONS
Section 196
1Definitions
In this Schedule—
commencement day means the day on which section 195 of this Act comes into operation;
Commonwealth Act means the Aboriginal and Torres Strait Islander Heritage Preservation Act 1984 of the Commonwealth as in force immediately before the commencement day;
old Act means the Archaeological and Aboriginal Relics Preservation Act 1972.
2Application of Interpretation of Legislation Act 1984
Except where the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
3Continuation of old Act and regulations
If a provision of the old Act continues to apply by force of this Schedule, the following provisions also continue to apply in relation to that provision—
(a)any other provision of the old Act necessary to give effect to that continued provision; and
(b)any regulation made under the old Act for the purposes of that continued provision.
4Superseded references
On and from the commencement day, in any Act (other than this Act or a provision of the old Act continued by this Act), or in any instrument made under any Act or in any other document of any kind—
(a)a reference to the old Act is deemed to be a reference to the Aboriginal Heritage Act 2006; and
(b)a reference to an archaeological relic or relic within the meaning of the old Act is deemed to be a reference to an Aboriginal object—
so far as it relates to any period on and from the commencement day, unless the context otherwise requires.
5Reports of discovery of Aboriginal human remains
Without limiting section 17(4), it is also a defence to proceedings under section 17(3) if the person had reasonable cause to believe that a report had been made under section 21P of the Commonwealth Act in relation to the Aboriginal human remains.
6Permits and consents
(1)A reference in section 29 to a cultural heritage permit includes a reference to the following—
(a)a consent granted under section 21U(4) or 21U(5) of the Commonwealth Act and existing immediately before the commencement day;
(b)a consent granted by the Minister under section 21 of the old Act and existing immediately before the commencement day.
(2)A reference in section 33 to a cultural heritage permit includes a reference to a consent to possess granted under section 26A of the old Act and existing immediately before the commencement day.
(3)A reference in section 34 to a cultural heritage permit includes a reference to a consent granted under section 22 or 26A of the old Act and existing immediately before the commencement day.
7Cultural heritage agreements
A reference in section 33 to a cultural heritage agreement includes a reference to an Aboriginal Cultural Heritage Agreement made under section 21K of the Commonwealth Act and existing immediately before the commencement day.
8Interim protection declarations
Section 100 does not apply to the making of the first interim protection declaration under this Act in respect of a place or object if—
(a)immediately before the commencement day there was a temporary declaration of preservation in force under section 21D of the Commonwealth Act in respect of the place or object; and
(b)the interim protection declaration is in the same or similar terms as the temporary declaration of preservation.
9Ongoing protection declarations
Section 106 does not apply to the making of an ongoing protection declaration under this Act in respect of a place or object if—
(a)immediately before the commencement day there was a declaration of preservation in force under section 21E of the Commonwealth Act in respect of the place or object; and
(b)the ongoing protection declaration is in the same or similar terms as the declaration of preservation.
10Seizure of things
Section 31 of the old Act continues to apply to any relic seized under that section and detained immediately before the commencement day as if the old Act had not been repealed.
11Savings and transitional regulations
(1)The regulations may contain provisions of a savings and transitional nature consequent on the enactment of this Act.
(2)A provision mentioned in subclause (1) may be made retrospective in operation to a day on or after the commencement day.
(3)A provision referred to in subclause (1) has effect despite anything to the contrary in any Act (other than this Schedule) or subordinate instrument.
* * * * *
═══════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 6 April 2006
Legislative Council: 3 May 2006
The long title for the Bill for this Act was "to provide for the protection of Aboriginal cultural heritage in Victoria, to repeal the Archaeological and Aboriginal Relics Preservation Act 1972 and for other purposes."
The Aboriginal Heritage Act 2006, No. 16/2006 was assented to on 9 May 2006 and came into operation on 28 May 2007: Government Gazette 24 May 2007 page 921.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Aboriginal Heritage Act 2006 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
Assent Date: 29.8.06 Commencement Date: S. 61(Sch. item 1) on 30.8.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Coroners Act 2008, No. 77/2008
Assent Date: 11.12.08 Commencement Date: S. 129(Sch. 2 item 1) on 1.11.09: s. 2 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Resources Industry Legislation Amendment Act 2009, No. 6/2009
Assent Date: 3.3.09 Commencement Date: S. 42 on 1.1.10: s. 2(2) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Major Transport Projects Facilitation Act 2009, No. 56/2009
Assent Date: 29.9.09 Commencement Date: S. 264(Sch. 2) on 1.11.09: Government Gazette 29.10.09 p. 2729 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Energy and Resources Legislation Amendment Act 2009, No. 57/2009
Assent Date: 21.10.09 Commencement Date: S. 42 on 30.6.10: Special Gazette (No. 255) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 1) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010
Assent Date: 23.3.10 Commencement Date: S. 800(Sch. 6 item 1) on 1.1.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
Assent Date: 14.9.10 Commencement Date: S. 89 on 14.10.10: Government Gazette 14.10.10 p. 2404 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Traditional Owner Settlement Act 2010, No. 62/2010
Assent Date: 21.9.10 Commencement Date: Ss 92–94 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 1) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Aboriginal Heritage Amendment Act 2011, No. 30/2011
Assent Date: 29.6.11 Commencement Date: S. 3 on 30.6.11: s. 2 CurrentState: All of Act in operation
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 1) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Aboriginal Heritage Amendment Act 2016, No. 11/2016
Assent Date: 5.4.16 Commencement Date: Ss 3–134 on 1.8.16: s. 2(2) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Traditional Owner Settlement Amendment Act 2016, No. 67/2016
Assent Date: 15.11.16 Commencement Date: S. 27 on 28.2.17: Special Gazette (No. 44) 28.2.17 p. 1 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Parks Victoria Act 2018, No. 19/2018
Assent Date: 5.6.18 Commencement Date: S. 244 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Transport Legislation Amendment Act 2019, No. 49/2019
Assent Date: 3.12.19 Commencement Date: S. 186(Sch. 4 item 1) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Local Government Act 2020, No. 9/2020
Assent Date: 24.3.20 Commencement Date: S. 390(Sch. 1 item 1.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 1.2) on 1.7.21: s. 2(4) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Justice Legislation Amendment (Police and Other Matters) Act 2022, No. 37/2022
Assent Date: 6.9.22 Commencement Date: S. 25 on 7.9.22: s. 2(1) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Statute Law Amendment Act 2023, No. 6/2023
Assent Date: 9.5.23 Commencement Date: S. 3(Sch. 1 item 1) on 10.5.23: s. 2 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025
Assent Date: 5.8.25 Commencement Date: S. 106(Sch. 1 item 1) on 6.8.25: s. 2(1) CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
Statute Law Revision Act 2025, No. 41/2025
Assent Date: 21.10.25 Commencement Date: S. 3(Sch. 1 item 1) on 22.10.25: s. 2 CurrentState: This information relates only to the provision/s amending the Aboriginal Heritage Act 2006
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
No entries at date of publication.
0
0
0