Heritage Amendment Regulations 2024 (Vic)
Heritage Amendment Regulations 2024
S.R. No. 3/2024
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Objectives
6Definitions
7New regulations 5A and 5B inserted
8New regulations 6A, 6B, 6C, 6D, 6E and 6F inserted
9New regulation 19A inserted
10New regulation 21A inserted
11New regulations 23A and 23B inserted
12Exemption from fees
13Waiver of fees for certain activities in relation to registered place, registered object, archaeological site or archaeological artefact
14New regulation 27A inserted
15New Schedules 1A and 1B inserted
16Schedule 2 substituted
17New Schedules 7A and 7B inserted
18New Schedule 8A inserted
19New Schedule 9A inserted
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Endnotes
STATUTORY RULES 2024
S.R. No. 3/2024
Heritage Act 2017
Heritage Amendment Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 30 January 2024
Responsible Minister:
SONYA KILKENNY
Minister for PlanningSAMUAL WALLACE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Heritage Regulations 2017—
(a)to prescribe forms and documents for the purposes of the Heritage Act 2017; and
(b)to prescribe fees payable in relation to certain matters under the Heritage Act 2017.
2Authorising provision
These Regulations are made under section 255 of the Heritage Act 2017.
3Commencement
These Regulations come into operation on 1 February 2024.
4Principal Regulations
In these Regulations, the Heritage Regulations 2017[1] are called the Principal Regulations.
5Objectives
(1)In regulation 1(b) of the Principal Regulations, after "consents" insert ", exclusions".
(2)In regulation 1(c) of the Principal Regulations omit "relating to permits or consents".
6Definitions
(1)In regulation 4 of the Principal Regulations, in the definition of the Act, for "2017." substitute "2017;".
(2)In regulation 4 of the Principal Regulations insert the following definition—
"traditional owner has the same meaning as it has in section 7 of the Aboriginal Heritage Act 2006.".
7New regulations 5A and 5B inserted
After regulation 5 of the Principal Regulations insert—
5A Form of nomination of object integral to place"
For the purposes of section 27A(3) of the Act, the prescribed form is the form set out in Schedule 1A.
5BForm of nomination of additional land as part of a place
For the purposes of section 27B(3) of the Act, the prescribed form is the form set out in Schedule 1A.".
8New regulations 6A, 6B, 6C, 6D, 6E and 6F inserted
After regulation 6 of the Principal Regulations insert—
6APersons or bodies that may apply for an exclusion determination "
(1)For the purposes of section 36A(1) of the Act, in the case of an exclusion determination required for the sole purpose of facilitating a major development, the following persons or bodies are prescribed—
(a)the government asset manager that is responsible for the major development;
(b)the Department Head within the meaning of section 4(1) of the Public Administration Act 2004 who is responsible for the major development;
(c)the public authority that is responsible for the major development;
(d)the Administrative Office Head within the meaning of section 4(1) of the Public Administration Act 2004 who is responsible for the major development.
(2)In this regulation—
major development includes the carrying out of one or more, or an interrelated series of one or more, activities including the following activities, the cost of which is more than $5 million—
(a)the construction, alteration or extension of a building or transport infrastructure;
(b)the construction or the carrying out of works;
(c)the demolition or removal of a building, transport infrastructure or works;
(d)the subdivision or consolidation of land, airspace or buildings;
(e)the installation or provision, or operation of, facilities or services;
(f)the relocation, deepening or widening of a waterway;
transport infrastructure has the same meaning as in the Major Transport Projects Facilitation Act 2009.
6BPersons who may prepare an application for an exclusion determination
For the purposes of section 36A(2)(b) of the Act, the following persons are prescribed—
(a)a person who is suitably qualified and experienced in identifying and assessing the cultural heritage significance of places, objects or land;
(b)a person or a member of a class of persons approved by the Executive Director for the purposes of this regulation.
6CForm of application for an exclusion determination
For the purposes of section 36A(2)(a) of the Act, the prescribed form is the form set out in Schedule 1B.
6DFee to apply for an exclusion determination
For the purposes of section 36A(2)(e) of the Act, the prescribed fee is 480 fee units.
6EFee to request review of decision to make or refuse to make exclusion determination
Subject to regulation 26, for the purposes of section 36E(2)(b) of the Act, the prescribed fee is 25 fee units.
6FFee for applicant to request review of decision to refuse to make an exclusion determination
For the purposes of section 36E(4)(b) of the Act, the prescribed fee is 960 fee units.".
9New regulation 19A inserted
After regulation 19 of the Principal Regulations insert—
"19A Form for request to make minor amendment to permit
For the purposes of section 105B(2) of the Act, the prescribed form is the form set out in Schedule 7A.".
10New regulation 21A inserted
After regulation 21 of the Principal Regulations insert—
"21A Form of application for exemption from requirement to obtain consent
For the purposes of section 123A(3) of the Act, the prescribed form is the form set out in Schedule 7B.".
11New regulations 23A and 23B inserted
After regulation 23 of the Principal Regulations insert—
"23A Form of application to request amendment of consent
For the purposes of section 124A(2)(a) of the Act, the prescribed form is the form set out in Schedule 8A.
23BFee to apply for an amendment of consent
Subject to regulations 25 and 26, for the purposes of section 124A(2)(b) of the Act, the prescribed fee to accompany an application to amend a consent issued under section 124 of the Act is 30 per cent of the fee set out in regulation 23 required to accompany an application for that consent.".
12Exemption from fees
In regulation 25(b) of the Principal Regulations, for "under sections 124(1) and 126(1)" substitute "or request under sections 124(1), 124A(1) and 126(1)".
13Waiver of fees for certain activities in relation to registered place, registered object, archaeological site or archaeological artefact
In regulation 26 of the Principal Regulations, for "6, 9, 13, 14, 15, 16, 18, 19, 20, 21, 23 and 24" substitute "6, 6E, 9, 13, 14, 15, 16, 18, 19, 20, 21, 23, 23B and 24".
14New regulation 27A inserted
After regulation 27 of the Principal Regulations insert—
"27A Form of survey report
For the purposes of section 127(7)(a) of the Act, the prescribed form of a survey report is the form set out in Schedule 9A.".
15New Schedules 1A and 1B inserted
After Schedule 1 to the Principal Regulations insert—
"Schedule 1A—Form of nomination of object integral or additional land to a registered or nominated place
Sections 27A(3) and 27B(3) of the Heritage Act 2017
Regulations 5A and 5B
1.Location of place
Location selection method
Address or GPS coordinates:
If the place is not yet registered, the nomination reference number (provided by Heritage Victoria when the initial nomination of the place was lodged):
(If you cannot find your reference number, please contact Heritage Victoria).
Place name:
2.Nominator details
First name:
Last name:
Email:
Contact number:
Postal address:
If acting on behalf of a body corporate or organisation:
Name of body corporate or organisation:
*Business name:
*ABN/*ACN/*ARBN:
*Position title:
Details of owner or government asset manager of place or object (if known)
If the nominator is not the owner or the government asset manager (or acting on behalf of the owner or the government asset manager) details of the owner or government asset manager of the place:
*First name:
*Last name:
*Body corporate name:/*organisation name:/*government asset manager:
*ABN/*ACN/*ARBN:
Email:
Contact number:
Postal address:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
Is common property included in this place? *Yes/*No
If yes, owners corporation details:
Body corporate or organisation name:
*ABN/*ACN/*ARBN:
Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
3.Nomination details
What do you want to nominate?
*Additional land to a place/*objects integral to a place:
What are the reasons for lodging this nomination?
Is there a threat to the place?
*Yes/*No/*Don't know
If yes, what is the threat?
If nominating additional land to a place
·Is the additional land of significance? *Yes/*No
If yes, please explain why:
·Is the additional land needed as a buffer? *Yes/*No
If yes, please explain why:
Note:For example, the State-level cultural heritage significance of the place would be substantially less if the additional land or any part of the additional land which is or has been used in conjunction with the place were developed; or the additional land surrounds the place and is important to the protection or conservation of the place or contributes to the understanding of the place.
Describe the additional land you want to include
Describe the additional land.
(You may reference title details of the land, or attach an extent diagram showing the boundaries of the land or physical landmarks.)
If adding objects integral to a registered or nominated place
Please provide information on the object or collection of objects and explain why the objects are integral to the cultural heritage significance of the place.
If nominating additional land
Is the additional land located entirely on Crown land? *Yes/*No
Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the additional land?
Who are the traditional owners of the nominated additional land or object/s (if known)?
4.Supporting documents
You must provide the following (if applicable) when submitting your nomination—
·a copy of the certificate/s of title for the additional land, issued within 30 days before the nomination (unless located entirely on Crown land, or if only nominating objects integral);
·a simple and accurate extent diagram clearly showing the extent (boundaries) of any additional land nominated;
Note:This may take the form of spatial files or a copy of an existing map or plan with a clear hand drawn line around the extent showing the land, buildings and other key features you are nominating.
·copies of any heritage studies or guiding documents for the conservation and management of the additional land or object integral if they exist;
·if you are nominating a collection of objects, please provide an inventory of those objects;
·recent photographs of the nominated *additional land/*object integral (you may also include historical photographs).
5.Nominator statement
I state that the information that I have given on this form is true and correct to the best of my knowledge:
Name of *nominator/*person acting on behalf of nominator:
Signature:
Date:
*Delete if not applicable.
Schedule 1B—Form of application for an exclusion determination that a place or object not be included in the Heritage Register
Section 36A(2)(a) of the Heritage Act 2017
Regulation 6C
1.Applicant's details
If applicant is a Department Head or Administrative Office Head:
First name:
Last name:
Title:
Email:
Contact number:
Postal address:
If applicant is a government asset manager or public authority:
Name of *Minister/*entity/*public authority:
*ABN/*ACN/*ARBN:
*Position title:
If a person is applying on behalf of the applicant:
Name:
*Position title:
Email:
Contact number:
Postal address:
2.Details of person who prepared application (if not the applicant)
First name:
Last name:
Email:
Contact number:
Postal address:
If acting on behalf of a body corporate or organisation:
Name of body corporate or organisation:
*ABN/*ACN/*ARBN:
*Position title:
Details of owner or government asset manager of place or object
If the applicant is not the owner or government asset manager of the place or object (or acting on behalf of the owner or the government asset manager), details of the owner or government asset manager:
First name:
Last name:
*Body corporate name/*organisation name/*government asset manager:
*ABN/*ACN/*ARBN:
Name:
*Position title:
Email:
Contact number:
Postal address:
Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
Is common property included in the place? *Yes/*No
If yes, owners corporation contact details:
Body corporate or organisation name:
*ABN/*ACN/*ARBN:
Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
3.Pre-application details
Has the applicant had a pre-application discussion with Heritage Victoria in relation to this application?
*Yes/*No
If yes, please insert the pre-application reference number:
4.Major development
Provide a brief description of the major development to which the application relates:
Estimated cost of the major development
$
Note:The cost of the major development must be at least $5 million.
Impact of major development on place or object
Explain the potential impact of the major development on the place or object.
5.Details of the place or object
Type
*Place/*object:
Location
Name of the *place/*object:
Address of place or object:
Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the place or land on which the object is located:
Heritage Inventory number (if any):
National Trust reference number (if known):
Has the place or object previously been identified in a heritage study? *Yes/*No
Local Heritage Overlay information if place
Does this place have a local Heritage Overlay (HO) within a planning scheme? *Yes/*No
If yes, please provide the HO number:
Extent of place or object
*Briefly describe the object/s and their nature.
Note:If your application relates to an object or collection of objects, you must provide an inventory that includes the details below for each object including each object within a collection.
*Briefly describe the extent of the place and what it includes and if you are including part of a land parcel, please describe that part. You may refer to title details, an extent diagram or physical landmarks, etc.
Is the proposed major development to be carried out entirely on Crown land?
*Yes/*No
6.Heritage Council assessment criteria
Assessment of State-level cultural heritage significance
Include reasons why the place or object should not be included in the Heritage Register. These must be reasons based on the assessment against all criteria published by the Heritage Council. This means you must provide reasons why the place or object does not meet the threshold of State‑level cultural heritage significance in relation to each of the criteria.
For further information on the Heritage Council assessment criteria and thresholds please refer to website of the Heritage Council.
7.Other information
Note:Information in this section should provide evidence as to why this place or object has no reasonable prospect of inclusion in the Heritage Register. Information should be based on robust research and analysis. Exclusion determinations can be overturned if significant new information is identified.
Physical description
Please describe the place or object, identifying any elements referred to in the assessment of State-level cultural significant significance.
History of the place or object
Please provide a comprehensive history of the place or object which explores its historical associations and details its development over time.
Comparative analysis
Provide comparisons to similar places or objects recorded in the Heritage Register relevant to State-level cultural heritage significance or to places and objects where a determination has been made not to include them in the Heritage Register.
Aboriginal cultural heritage values (if known)
Who are the traditional owners of the place or object (if known)?
Does this place or object have Aboriginal cultural heritage values? *Yes/*No
If yes, please provide details below.
Note:If the place or object is of cultural heritage significance only on the grounds of its association with Aboriginal tradition, Aboriginal traditional use, or Aboriginal archaeology, it may be appropriate for consideration for the Victorian Aboriginal Heritage Register. Please refer to the website of the Victorian Aboriginal Heritage Register.
Key sources
Please list the key sources relied on in your assessment. This could include books, publications, websites, the names of experts or any other resources.
8.Condition, intactness and integrity of the place or object
Condition
The condition of the place or object is generally: *Excellent/*Good/*Fair/*Poor
Is there any damage to the fabric (the materials from which the place or object is made)? *Yes/*No
If yes, please specify which materials and the extent of damage.
Intactness and integrity
How much of the original form or appearance of the place or object remains?
What alterations are present and why was the place or object altered?
Have the changes or alterations affected the heritage value of the place or object?
9.Supporting documents
You must provide the following (if applicable) when submitting your application—
·copy of the certificate/s of title issued within 30 days before this application is lodged (not necessary for places located entirely on Crown land or if nominating objects only);
·recent photographs of the place or object. You may include historical photographs as well;
·a simple and accurate extent diagram clearly showing the extent (boundaries) of the place or object subject to this exclusion determination application;
Note:This may take the form of spatial files or a copy of an existing map or plan with a clear hand drawn line around the extent showing the land, buildings and other key features.
·if your application relates to a collection of objects,
an inventory of the objects.
10. Applicant statement
I state that the application has been made to facilitate a major development costing at least $5 million.
I state that the information I have given on this form is true and correct to the best of my knowledge.
Name of *applicant/*person applying on behalf of applicant:
Signature:
Date:
*Delete if not applicable.".
16Schedule 2 substituted
For Schedule 2 to the Principal Regulations substitute—
'Schedule 2—Form for submission to the Heritage Council
Section 44(2) of the Heritage Act 2017
Regulation 7
1.Submitter details
First name:
Last name:
*Business name:
Email:
Contact number:
Postal address:
If you are lodging this form on behalf of a body corporate, organisation or natural person, please provide the following information as applicable:
*First name of natural person:
*Last name of natural person:
Name of *body corporate/*organisation/*government asset manager:
*Business name:
*ABN/*ACN/*ARBN:
*Position title:
2.Executive Director's recommendation
Place or object name or description of land:
Location (address or GPS coordinates):
Date of recommendation:
Recommendation was to: *Include/*Not include/*Amend/*Not amend
3.Purpose of submission
*Recommendation to *include/*not include
Note:This submission is in relation to the recommendation of the Executive Director to include or not include a place or object in the Heritage Register and must relate only to whether or not—
·a place or object is of State-level cultural heritage significance; or
·whether objects recommended as objects integral to a place are integral to understanding the cultural heritage significance of the place; or
·whether additional land is integral to understanding the cultural heritage significance of the place; or
·in relation to the recommended extent of registration; or
·in relation to the permit policy or permit exemptions.
This submission:
*Supports the Executive Director's recommendation.
*Does not support the Executive Director's recommendation.
*Supports the "Extent of Registration" recommended by the Executive Director.
*Supports the categories of works or activities that can be carried out without a permit (permit exemptions) recommended by the Executive Director.
*Does not support the "Extent of Registration" recommended by the Executive Director.
*Does not support to the categories of works or activities that can be carried out without a permit (permit exemptions) recommended by the Executive Director.
*Other (please state other reason for submission):
Reasons for submission:
Please attach documents in support of your submission.
*Recommendation to *amend/*not amend a place or object in the Heritage Register
Note:This submission is in relation to a recommendation of the Executive Director to amend or remove a place or object included in the Heritage Register.
This submission:
*Supports the Executive Director's recommendation.
*Does not support the Executive Director's recommendation.
*Other (please state other reason for submission):
Reasons for submission:
Please attach documents in support of your submission.
4.Hearings
I wish to request a Heritage Council hearing in relation to a recommendation of the Executive Director under section 37, 38 or 39 of the Heritage Act 2017: *Yes/*No
If a hearing is requested by another party do you wish to be heard? *Yes/*No
Note:If a hearing is to be conducted you may be requested to lodge a detailed submission to support your position.
I wish to make a written submission but if a hearing is conducted in relation to this matter, I do not wish to participate in the hearing. *Yes/*No
Note:If a hearing is not requested the Heritage Council may determine the matter on written submissions.
5.Submitter statement
I state that the information that I have given on this form is true and correct to the best of my knowledge:
Name of *submitter/*person acting on behalf of submitter:
Signature:
Date:
*Delete if not applicable.'.
17New Schedules 7A and 7B inserted
After Schedule 7 to the Principal Regulations insert—
"Schedule 7A—Form of request to make minor amendment to permit
Section 105B(2) of the Heritage Act 2017
Regulation 19A
1.Location of registered place or registered object
Address or GPS coordinates:
Heritage Register number:
Name of *registered place/*registered object:
2.Applicant details
First name:
Last name:
Email:
Contact number:
Postal address:
If acting on behalf of a body corporate or organisation or natural person:
Name of body corporate or organisation or natural person:
*ABN/*ACN/*ARBN:
*Business name:
*Position title:
Owner or government asset manager of registered place or registered object
If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or government asset manager), details of the owner or government asset manager of the registered place or registered object:
*First name:
*Last name:
Name of *body corporate/*organisation/*government asset manager:
*Business name:
*ABN/*ACN/*ARBN:
Email:
Contact number:
Postal address:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
Do the works or activities involve common property? *Yes/*No
If yes, owners corporation contact details:
Body corporate or organisation name:
*Business name:
*ABN/*ACN/*ARBN:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
3.Proposed amended works or activities
Permit number for which minor amendment is sought:
Type of permit to be amended
*To subdivide, consolidate or realign a boundary of a registered place.
*To carry out works or activities to a registered place or registered object.
*To demolish or destroy the whole of a registered place or registered object.
Description of proposed minor amendment to permit
Please ensure you describe how the amendments vary the issued permit and if the minor amendment application is in relation to an extension of the validity period of the permit, please state the length of the extension:
Reason for proposed minor amendment
Please state the reason and purpose for which the minor amendment to the permit is required:
Are the proposed works or activities to be carried out under the permit entirely on Crown land?
*Yes/*No
Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the registered place or registered object?
Who are the traditional owners of the registered place or registered object (if known)?
4.Cultural heritage management plan
Is a cultural heritage management plan required under the Aboriginal Heritage Act 2006 in relation to the proposed works or activities under the permit? *Yes/*No
If yes, what is the status of the cultural heritage management plan?
*Not started
*Underway
Note:You can submit your application now and provide the approved plan later however, a decision on your application cannot be made until you provide a copy of the plan. A minor amendment to the permit cannot be issued for works or activities that are inconsistent with an approved cultural heritage management plan.
*Approved—If the plan is approved, do any of the works or activities to be carried out appear to be inconsistent with the requirements of the approved cultural heritage management plan? *Yes/*No
If yes, please identify the sections of the plan with which the works and activities described under the permit to be amended in your application may be inconsistent. Explain how the works or activities may be inconsistent with the plan.
If no, please explain why:
5.Supporting documents
You must provide the following (if applicable) when submitting your application—
·a Heritage Impact Statement (a statement describing the impact of the proposed works or activities on the heritage values of the place or object);
·if not located entirely on Crown land, a copy of the certificate/s of title of the land on which the registered place or registered object is located, issued within 30 days before this application is lodged;
·evidence of cost of works or activities;
·owners corporation consent to amendment of the permit (for works or activities proposed for common property);
·consent of the owner or government asset manager to amendment of the permit (if the owner is not the same as the applicant);
·an approved cultural heritage management plan (if required under the Aboriginal Heritage Act 2006).
6.Applicant statement
I state that I am authorised to make this application in relation to the registered place or registered object and that the information supplied in this application is true and correct. I understand that Heritage Victoria staff may need to inspect the registered place or registered object in relation to this application. Heritage Victoria will explain the purpose of the visit and what needs to be done in relation to the application. Heritage Victoria will agree a time and date for any inspection with the relevant contact.
Name of *applicant/*person acting on behalf of applicant:
Signature:
Date:
*Delete if not applicable.
Schedule 7B—Form of application for exemption from consent
Section 123A(3) of the Heritage Act 2017
Regulation 21A
1.Location of site or archaeological artefact
Address or GPS coordinates:
*Heritage Inventory number:
Name of site recorded in the Heritage Inventory:
2.Applicant details
First name:
Last name:
Email:
Contact number:
Postal address:
If acting on behalf of a body corporate or organisation or natural person:
Name of body corporate or organisation or natural person:
*ABN/*ACN/*ARBN:
*Business name:
*Position title:
*Archaeologist
*First name:
*Last name:
*Name of *body corporate/*organisation:
*Business name:
*ABN/*ACN/*ARBN:
Email:
Contact number:
Postal address:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
Owner or government asset manager
If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or government asset manager), details of the owner or government asset manager of the site or archaeological artefact:
*First name:
*Last name:
Name of *body corporate/*organisation/*government asset manager:
*Business name:
*ABN/*ACN/*ARBN:
Email:
Contact number:
Postal address:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
Do the works or activities involve common property? *Yes/*No
If yes, owners corporation contact details:
Body corporate or organisation name:
*Business name:
*ABN/*ACN/*ARBN:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
3.Cultural heritage management plan
Is a cultural heritage management plan required under the Aboriginal Heritage Act 2006 for the works or activities in relation to the site or archaeological artefact? *Yes/*No
If yes, what is the status of the cultural heritage management plan?
*Not started
*Underway
Note:You can submit your application now and provide the approved plan later however, a decision on your application cannot be made until you provide a copy of the plan. A determination that a consent for works or activities is not required under Part 6 of the Heritage Act 2017 cannot be made if the works or activities are inconsistent with an approved cultural heritage management plan.
*Approved
If the plan is approved, do any of the works or activities to be carried out appear to be inconsistent with the requirements of the approved cultural heritage management plan? *Yes/*No
If yes, please identify the sections of the plan with which the works and activities described in your application may be inconsistent. Explain how the works or activities may be inconsistent with the plan.
If no, please explain why:
4.Proposed works or activities in relation to site or archaeological artefact
Description of works or activities
Please provide a detailed description of the proposed works or activities:
Reason and purpose for the works or activities
Please state the reason and purpose for which the proposed works or activities are required:
Impact on heritage
Please state the impact of the proposed works or activities and why the impact will not harm the archaeological features, deposits or archaeological artefacts within the site:
Note:A consent will be required if the Executive Director considers that any damage or disturbance to the site or archaeological artefact would be more than negligible.
Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council?
Who are the traditional owners of the site or archaeological artefact (if known)?
Estimated cost of the works or activities:
$
5.Supporting documents
You must provide the following (if applicable) when submitting your application—
·outline of proposed works or activities relating to the site or archaeological artefact, identifying any area of potential impact for heritage;
·description and background history of the site or archaeological artefact;
·statement of significance for the site if recorded in the Heritage Inventory;
·research design;
·excavation methodology;
·archaeological artefact retention and discard policy;
·archaeological artefact management proposal;
·curriculum vitae of the project archaeologist and conservator;
·letter detailing engagement of project conservator (if any);
·unexpected finds protocol;
·spatial files;
·consent of the owners corporation (for works or activities proposed for common property);
·consent of owner or government asset manager of the site or archaeological artefact if the applicant is not the owner or government asset manager of the site or archaeological artefact.
6.Applicant statement
I state that I am authorised to make this application in relation to the site or archaeological artefact described in this application, and that the information supplied in this application is true and correct. I understand that Heritage Victoria staff may need to inspect the site or archaeological artefact in relation to this application and that Heritage Victoria will agree on a time and date for any inspection with the relevant contact person.
Name of *applicant/*person acting on behalf of applicant:
Signature:
Date:
*Delete if not applicable.".
18New Schedule 8A inserted
After Schedule 8 to the Principal Regulations insert—
"Schedule 8A—Form of application for amendment of consent
Section 124A(2)(a) of the Heritage Act 2017
Regulation 23A
1.Location of site or archaeological artefact
Address or GPS coordinates:
Heritage Inventory number:
Name of site or archaeological artefact:
2.Applicant details
First name:
Last name:
Email:
Contact number:
Postal address:
If acting on behalf of a body corporate or organisation or natural person:
*Name of body corporate or organisation or natural person:
*ABN/*ACN/*ARBN:
*Business name:
*Position title:
*Archaeologist
*First name:
*Last name:
Name of *body corporate/*organisation:
*Business name:
*ABN/*ACN/*ARBN
Email:
Contact number:
Postal address:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
Owner or government asset manager
If the applicant is not the owner or the government asset manager (or acting on behalf of the owner or government asset manager), details of the owner or government asset manager of the listed Heritage Inventory site or archaeological artefact:
*First name:
*Last name:
Name of *body corporate/*organisation/*government asset manager:
*Business name:
*ABN/*ACN/*ARBN:
Email:
Contact number:
Postal address:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
Do the works or activities involve common property? *Yes/*No
If yes, owners corporation contact details:
Body corporate or organisation name:
*Business name:
*ABN/*ACN/*ARBN:
*Contact person details:
·Name:
·Position title:
·Email:
·Contact number:
·Postal address:
3.Proposed amendment of works or activities subject to consent
Consent number:
Detailed description of amendments
Describe in detail the amendments to the proposed works or activities:
Provide the reasons for the amendments to proposed works or activities:
Are the proposed works or activities to be carried out entirely on Crown land? *Yes/*No
Identify the part of the site or archaeological artefact to which the amendments relate:
Who are the traditional owners of the site or archaeological artefact (if known)?
4.Cultural heritage management plan
Is a cultural heritage management plan required under the Aboriginal Heritage Act 2006 in respect of the works or activities that are the subjects of the consent? *Yes/*No
If yes, what is the status of the cultural heritage management plan?
*Not started
*Underway
Note:You can submit your application now and provide the approved plan later however, a decision on your application cannot be made until you provide a copy of the plan. A determination to amend a consent for works or activities cannot be issued if inconsistent with an approved cultural heritage management plan.
*Approved—If the plan is approved, do any of the works or activities to be carried out appear to be inconsistent with the requirements of the approved cultural heritage management plan? *Yes/*No
If yes, please identify the sections of the plan with which the works and activities described in your application may be inconsistent. Explain how the works or activities may be inconsistent with the plan:
If no, please explain why:
5.Supporting documents
You must provide the following (if applicable) when submitting your application—
·outline of proposed works or activities relating to the site or archaeological artefact, identifying any area of potential for heritage impact;
·description and background history of the site or archaeological artefact;
·statement of significance for the site if recorded in the Heritage Inventory;
·research design;
·excavation methodology;
·artefact retention and discard policy;
·artefact management proposal;
·curriculum vitae of the project archaeologist and conservator;
·letter detailing engagement of project conservator (if any);
·unexpected finds protocol;
·spatial files;
·consent of the owners corporation (for works or activities proposed for common property);
·consent of owner or government asset manager of the site or archaeological artefact if the applicant is not the owner or government asset manager of the site or archaeological artefact.
6.Applicant statement
I state that I am authorised to make this application in relation to the site or archaeological artefact described in this application, and that the information supplied in this application is true and correct. I understand that Heritage Victoria staff may need to inspect the site or archaeological artefact in relation to this application and that Heritage Victoria will agree on a time and date for any inspection with the relevant contact person.
Name of *applicant/*person acting on behalf of applicant:
Signature:
Date:
*Delete if not applicable.".
19New Schedule 9A inserted
After Schedule 9 to the Principal Regulations insert—
"Schedule 9A—Form of survey report
Section 127(7)(a) of the Heritage Act 2017
Regulation 27A
1.Heritage Inventory numbers
The report must include Heritage Inventory numbers for archaeological sites discovered during an investigation or survey or any construction or excavation of land. Site cards must be submitted to Heritage Victoria prior to the completion of the survey report to allow site numbers to be included.
Heritage Inventory numbers of archaeological sites
*None identified/*Numbers:
2.Details of person providing survey report
First name:
Last name:
Email:
Contact number:
Postal address:
If acting on behalf of a body corporate, organisation or a natural person:
*Name of body corporate, organisation or natural person:
*ABN/*ACN/*ARBN:
*Business name:
Position title:
3.Survey report content
Project information
General information which outlines the following:
·date of investigation or survey;
·reason for investigation or survey;
·location of investigation or survey;
·key stakeholders.
Desktop assessment
Please provide background project information about the investigation or survey area, including the following:
·historical research, including plans and images;
·environmental history;
·reference to prior studies;
·summary of places with current heritage listings within the study area.
Maps
Please include maps and plans of the following:
·location of the investigation or survey area;
·location and extent of known or discovered archaeological sites in the investigation or survey area (locate all objects and features referred to in the site description);
·existing heritage listings within or in direct proximity to the investigation or survey area.
Investigation or survey methodology
Please set out the methodology used for the investigation or survey, including the following:
·investigation or survey rationale;
·investigation or survey method;
·limitations of the methodology.
Investigation or survey results
Please provide the findings of the investigation or survey, including the following:
·a detailed and current description of the archaeological site;
·details of archaeological sites identified during the investigation or survey;
·copies of any relevant site cards;
·allocated Heritage Inventory numbers;
·photographs—with a photographic scale (include photographs of any major features referred to in the site description);
·current or future threats to the physical fabric of the archaeological site/s (if known);
·other relevant details and information including any other site information obtained during the investigation or survey (such as information obtained by research or by traversing the land by any means);
·concise statement of significance for the archaeological site.
Limitations
Please list any limitations relating to the investigation or survey.
Note:These may include issues arising from the execution of the methodology, including constraints and/or limitations, access restrictions or poor visibility, etc.
Recommendations:
*Additional investigations; and
*Project outcomes and options; and
*Urgent site management or protection requirements.
Key sources
Please name key sources used in the investigation or survey. This could include books, publications, websites, the names of experts or any other resources.
Appendices
4.Statement of person providing survey report
I state that the information that I have given in this archaeological survey report is true and correct to the best of my knowledge.
Name of person who provided survey report:
Signature:
Date:
*Delete if not applicable.".
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ENDNOTES
[1] Reg. 4: S.R. No. 108/2017 as amended by S.R. No. 54/2018.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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