Heritage Amendment Regulations 2025 (Vic)

Heritage Amendment Regulations 2025

S.R. No. 13/2025

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Fees for application for permit to carry out works or activities in relation to registered place or registered object

6Fee for application for permit to demolish or destroy registered place or registered object

7Exemption from fees

8Regulation 26 amended

9Regulation 27 substituted

10New regulation 31 substituted for regulations 31, 32 and 33

11Schedule 1 substituted

12Schedule 1A amended

13Schedule 2 amended

14Schedule 3 amended

15Schedule 4 substituted

16Schedule 5 substituted

17Schedule 6 substituted

18Schedule 7 substituted

19Schedule 7A amended

20Schedule 7B amended

21Schedule 8 substituted

22Schedule 8A amended

23Schedule 9 substituted

24Schedule 9A amended

25New Schedule 13 inserted

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Endnotes

STATUTORY RULES 2025

S.R. No. 13/2025

Heritage Act 2017

Heritage Amendment Regulations 2025

The Governor in Council makes the following Regulations:

Dated: 25 March 2025

Responsible Minister:

SONYA KILKENNY
Minister for Planning

ANGELA SMITH

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; and

(c)to prescribe infringement offences and infringement penalties; and

(d)to make consequential and other amendments.

2Authorising provisions

These Regulations are made under sections 255 and 256 of the Heritage Act 2017.

3Commencement

These Regulations come into operation on 1 April 2025.

4Principal Regulations

In these Regulations, the Heritage Regulations 2017[1] are called the Principal Regulations.

5Fees for application for permit to carry out works or activities in relation to registered place or registered object

For regulation 13(1)(b) of the Principal Regulations substitute—

"(b)for a permit application for works or activities to a registered place or registered object, if the estimated cost of the works or activities is—

(i)less than $10 000—20 fee units; or

(ii)$10 000 or more but less than $20 000—75 fee units; or

(iii)$20 000 or more but less than $100 000—200 fee units; or

(iv)$100 000 or more but less than $250 000—300 fee units; or

(v)$250 000 or more but less than $500 000—367·4 fee units; or

(vi)$500 000 or more but less than $1 million—442·4 fee units; or

(vii)$1 million or more but less than $5 million—760·3 fee units; or

(viii)$5 million or more but less than $10 million—885·8 fee units; or

(ix)$10 million or more but less than $30 million—1017 fee units; or

(x)$30 million or more but less than $50 million—1149·1 fee units; or

(xi)$50 million or more but less than $100 million—1712 fee units; or

(xii)$100 million or more but less than $200 million—2149 fee units; or

(xiii)$200 million or more—2431 fee units.".

6Fee for application for permit to demolish or destroy registered place or registered object

In regulation 14(a) and (b) of the Principal Regulations, after "885·8 fee units" insert "or, if the estimated cost of the works or activities is $10 million or more, the fee set out in regulation 13(1)(b)(ix) to (xiii) that corresponds with that estimated cost".

7Exemption from fees

In regulation 25(a) of the Principal Regulations omit "58(1),".

8Regulation 26 amended

(1)In the heading to regulation 26 of the Principal Regulations, after "certain" insert "works or".

(2)In regulation 26 of the Principal Regulations—

(a)for paragraph (e) substitute—

"(e)  is in respect of an application from a community group; or";

(b)in paragraph (f), for "application; or" substitute "application.";

(c)paragraph (g) is revoked.

9Regulation 27 substituted

For regulation 27 of the Principal Regulations substitute—

"27   Form of site card

For the purposes of the definition of site card in section 3(1) of the Act, the prescribed form is the form set out in Schedule 9.".

10New regulation 31 substituted for regulations 31, 32 and 33

For regulations 31, 32 and 33 of the Principal Regulations substitute—

"31   Infringement offences and infringement penalties

For the purposes of Division 4 of Part 10 of the Act—

(a)an offence against a section of the Act set out in Column 2 of Schedule 13 is prescribed as an infringement offence; and

(b)the prescribed infringement penalty for an infringement offence referred to in paragraph (a) is the penalty set out in Column 3 of Schedule 13 in respect of the infringement offence.".

11Schedule 1 substituted

For Schedule 1 to the Principal Regulations substitute—

"Schedule 1—Form of nomination of a place or object for inclusion in the Heritage Register

Section 27(2) of the Heritage Act 2017

Regulation 5

1.Nominator 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:

*Position title:

Details of owner or government asset manager of nominated 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 or object:

*First name:

*Last name:

Name of *body corporate/*organisation/*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 the 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:

2.Nomination details

Nomination Type

*Place

*If place, do you also intend to nominate one or more objects integral to the place? *Yes/*No

*Object

Place or object details

Name of *place/*object:

Address or GPS coordinates of *place/*object:

Who is the responsible authority or, if the responsible authority is not the municipal council, the municipal council for the place or object?

Extent of nomination

For a place: briefly describe the place.

For an object: briefly describe the object or objects. Please include an inventory in the supporting documents if nominating a collection of objects.

Is the place located entirely on Crown land? *Yes/*No

Local Heritage Overlay information

Does this place have a local Heritage Overlay (HO) within a planning scheme? *Yes/*No

If yes, what is the HO number?

3.Supporting documents

You must provide the following (if applicable) when submitting your nomination—

·a copy of the certificate/s of title issued within 30 days before the nomination for the place is lodged (not necessary for places on Crown land or if nominating objects only);

·a simple and accurate extent diagram clearly showing the extent (boundaries) of the nominated place or object;

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 nominated place or object if they exist;

·if you are nominating a collection of objects, please provide an inventory of those objects;

·recent photographs of the place or object (you may also include historical photographs).

4.Heritage significance

Heritage Council criteria

Which Heritage Council criteria does this place or object meet?

Note:For a place or object to be included in the Heritage Register it must be of State-level cultural heritage significance based on at least one of the Heritage Council assessment criteria. You must choose one or more of the relevant criteria and provide reasons why the place or object should be included in the Heritage Register based on the criteria chosen. The Executive Director may refuse a nomination if they are not satisfied that the place or object has a reasonable prospect of inclusion in the Heritage Register.

For further information on the Heritage Council criteria and thresholds please refer to the current website of the Heritage Council.

Reasons for State-level cultural heritage significance

Provide reasons why the place or object is of State-level cultural heritage significance based on the criteria selected:

Statement of cultural heritage significance

Please describe the place or object according to the following, naming the most significant elements:

What is significant?

How is it significant?

Why is it significant?

5.Other information

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 (relevant to State-level cultural heritage significance) to similar places or objects included in the Heritage Register or describe how the place or object differs from similar places or objects which are the subject of determinations to not include those places or objects in the Heritage Register.

Aboriginal cultural heritage values (if known)

Who are the traditional owners of this place or object?

Does this place or object have Aboriginal cultural heritage values in addition to non-Aboriginal cultural heritage values (shared 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 more appropriate for registration in the Victorian Aboriginal Heritage Register. Please refer to the current website of the Victorian Aboriginal Heritage Register.

Key sources

Please name key sources that may provide historical information about this place or object. This could include books, publications, websites, the names of experts or any other resource.

6.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?

Is it still possible to interpret the heritage values of the place or object if it has changed or been altered?

7.Threat

Is the place or object under immediate or imminent threat? *Yes/*No/*Don't know

If yes, please describe the threat:

Has a demolition permit been issued under the Building Act 1993? *Yes/*No/*Don't know

Has a planning permit been issued by the responsible authority for the redevelopment of the land? *Yes/*No/*Don't know

Is there evidence of plant and equipment being mobilised to demolish the place? *Yes/*No/*Don't know

Is there evidence of an imminent proposal to destroy, remove or disassemble the object (or group of objects) or elements of the place? *Yes/*No/*Don't know

Are there any known proposals to relocate buildings or the object(s) to another location? *Yes/*No/*Don't know

Is the deteriorating condition of the place or object(s) posing a threat to its intactness or integrity? *Yes/*No/*Don't know

Please provide any other additional details about the threat:

8.Statement

I state that the information 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.".

12Schedule 1A amended

In item 2 of Schedule 1A to the Principal Regulations—

(a)after "or organisation" (where first and secondly occurring) insert "or natural person";

(b)omit "*Business name:".

13Schedule 2 amended

In item 1 of Schedule 2 to the Principal Regulations omit "*Business name:" (where twice occurring).

14Schedule 3 amended

In Schedule 3 to the Principal Regulations—

(a)after the heading to Schedule 3 insert—

"Section 58(2)(a) of the Heritage Act 2017";

(b)for item 1 substitute—

"1.Applicant details

*First name:

*Last name:

*Body corporate name:

*Organisation name:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:";

(c)in item 2, for—

"Place details

Please only complete one of the following sections:"

substitute—

"Place or object location details

Note: only one of the following subitems needs to be completed:";

(d)items 3 to 5 are revoked.

15Schedule 4 substituted

For Schedule 4 to the Principal Regulations substitute—

"Schedule 4—Form of notice of intention to sell registered place or registered object

Section 59 of the Heritage Act 2017

Regulation 10

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Owner details

*First name:

*Last name:

*Body corporate or organisation name:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

If acting on behalf of the owner:

*First name:

*Last name:

Is common property included in the 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.Sale details

I have entered into a contract of sale for *the whole of/*part of the *place/*object.

Date contract of sale entered into:

4.Purchaser details

*First name:

*Last name:

Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

5.Statement

I state that the information I have given on this form is true and correct to the best of my knowledge.

Name of *owner/*person acting on behalf of owner:

Signature:

Date:

*Delete if not applicable.".

16Schedule 5 substituted

For Schedule 5 to the Principal Regulations substitute—

"Schedule 5—Form of notice for alterations for the purposes of religious services or rites

Section 90(4)(a) of the Heritage Act 2017

Regulation 11

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Owner details

*First name:

*Last name:

Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

If acting on behalf of the owner:

First name:

Last name:

Email:

Contact number:

Postal address:

3.Proposed works or activities

Note:Exemptions from permits to carry out works or activities may apply if:

·a registered place is a place of worship or in the precincts of a place of worship; or

·a registered object is in a place of worship or in the precincts of a place of worship.

Description of works or activities

Provide a brief description of the relevant works or activities. State how the proposed works or activities are for the purposes of religious services or rites.

Note:If you do not demonstrate this here, you may be asked for additional information. If the Executive Director is not satisfied that the proposed works or activities are for the purposes of religious services or rites, your exemption will be withdrawn. If your exemption is withdrawn, you will need to apply for a permit.

Estimated cost of the works or activities:

$

Date that works or activities are to commence:

Note:Please submit notice at least 20 business days before works or activities are to commence.

4.Supporting documents

Plans showing the extent and nature of the proposed works or activities must be submitted with this notice (if applicable).

5.Declaration by officer of place of worship

Note:A declaration by an officer of the place of worship that the proposed works or activities are required for the purposes of religious services or rites must be included with this notice.

6.Statement

I state that the information I have given on this form is true and correct to the best of my knowledge. I understand that Heritage Victoria staff may need to inspect the registered place or registered object in relation to this notice. Heritage Victoria will explain the purpose of the visit and what needs to be done in relation to the notice. Heritage Victoria will agree a time and date for any inspection with the relevant contact.

Name of *owner/*person acting on behalf of owner:

Signature:

Date:

*Delete if not applicable.".

17Schedule 6 substituted

For Schedule 6 to the Principal Regulations substitute—

"Schedule 6—Form of permit application

Section 93(2)(a) of the Heritage Act 2017

Regulation 12

1.Location of registered place or registered object

Address or GPS coordinates:

Heritage Register number:

Name of *registered place/*registered object:

2.Pre-application details

Has the applicant had a pre-application discussion with Heritage Victoria in relation to this application? *Yes/*No

If yes, please provide the identifier provided for the pre‑application discussion (P number):

3.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:

*Position title:

Details of 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 the 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:

*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:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

4.Proposed works or activities

Type of permit

*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 works or activities

Provide a description of the proposed works or activities:

If the works or activities relate to part of the registered place or registered object only, indicate the part to which the proposed works or activities relate:

Reason and purpose for works or activities

State the reason and purpose for which the proposed works or activities are required:

Impact on heritage values

State the impact of the proposed works or activities on the heritage values of the registered place or registered object:

Are the proposed works or activities to be carried out 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)?

Estimated cost of the works or activities:

$

5.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, a permit cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

6.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 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 the cost of works or activities;

·owners corporation consent (for works or activities proposed for common property);

·consent of the owner or government asset manager to the issue of the permit (if the owner or government asset manager is not the applicant);

·an approved CHMP (if required under the Aboriginal Heritage Act 2006).

7.Statement

I state that the information supplied in this application is true and correct to the best of my knowledge. 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.".

18Schedule 7 substituted

For Schedule 7 to the Principal Regulations substitute—

"Schedule 7—Form of request to amend permit

Section 105(2)(a) of the Heritage Act 2017

Regulation 17

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:

*Position title:

Details of 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 the 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:

*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:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Proposed amended works or activities

Permit number for which 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 amendment to permit

Provide details describing how the amendment varies the issued permit. Please identify the part of the registered place or registered object to which the proposed amendment relates.

Reason and purpose for proposed amendment to permit

Please state the reason and purpose for which the 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

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, an amendment to the permit cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

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 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 the 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 or government asset manager is not the applicant);

·an approved CHMP (if required under the Aboriginal Heritage Act 2006).

6.Statement

I state that the information supplied in this application is true and correct to the best of my knowledge. 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.".

19Schedule 7A amended

In Schedule 7A to the Principal Regulations—

(a)in item 2 omit "*Business name:" (wherever occurring);

(b)for item 4 substitute—

"4.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, a minor amendment to the permit cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.".

20Schedule 7B amended

In Schedule 7B to the Principal Regulations—

(a)in item 2 omit "*Business name:" (wherever occurring);

(b)for item 3 substitute—

"3.Cultural heritage management plan

A Cultural Heritage Management
Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, 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 CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.".

21Schedule 8 substituted

For Schedule 8 to the Principal Regulations substitute—

Schedule 8—Form of application for consent"

Section 124(2)(a) of the Heritage Act 2017

Regulation 22

1.Details of site or archaeological artefact

Identify location of the archaeological site or artefact:

Heritage Inventory number (if recorded in Inventory):

Name of archaeological site or artefact:

Address or GPS coordinates:

*Archaeological site reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017.

Note:Select this for an archaeological site discovered in the course of any construction or excavation on any land for which a decision on whether to include the site in the Heritage Inventory is pending.

Note:If the Executive Director considers the application is urgent, the Executive Director may consider the application but must not determine it until the Executive Director—

(a)records the archaeological site in the Heritage Inventory under section 118(1)(a) of the Heritage Act 2017; or

(b)determines that the site has low archaeological value. If the site is determined to have low archaeological value, a consent is not required.

Site card application reference:

Explain reasons for urgency (if decision to include site or archaeological artefact in the Heritage Inventory is pending):

Note:In urgent cases, Heritage Victoria may consider but will not determine a consent application if a decision has not yet been made on whether to record the site in the Heritage Inventory. In these cases, the site card must have been submitted following a discovery of an archaeological site during an investigation or survey of land, or during construction or excavation of land.

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:

*Position title:

Archaeologist*

*First name:

*Last name:

Name of *body corporate/*organisation:

*ABN/*ACN/*ARBN:

*Position title:

Email:

Contact number:

Postal address:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

Details of owner or government asset manager of site or archaeological artefact

If the applicant 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 site or archaeological artefact:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*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:

*ABN/*ACN/*ARBN:

*Contact person details:

·Name:

·Position title:

·Email:

·Contact number:

·Postal address:

3.Type of consent

*To uncover or expose a site recorded in the Heritage Inventory or reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017:

·*to construct or extend one residential dwelling

·*for all other purposes

*To excavate a site recorded in the Heritage Inventory or reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017:

·*to construct or extend one residential dwelling

·*for all other purposes

*To damage or disturb a site recorded in the Heritage Inventory or reported to the Executive Director in accordance with section 127(2) of the Heritage Act 2017:

·*to construct or extend one residential dwelling

·*for all other purposes:

o*if damage to the site is less than 50 per cent

o*if damage to the site is 50 per cent or more

*To possess, dispose of or trade archaeological artefacts, or for all other purposes for which a consent is required

Are the proposed works or activities to be carried out 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 site or archaeological artefact?

Who are the traditional owners of the site or archaeological artefact (if known)?

4.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, a consent cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.

5.Proposed works or activities

Description of works or activities

Please provide a detailed description of the proposed works or activities to be carried out in relation to the site or archaeological artefact including the location within the site to which the proposed works or activities relate.

6.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;

·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 the 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.

7.Statement

I state that the information supplied in this application is true and correct to the best of my knowledge. I understand that Heritage Victoria staff may need to inspect the site or archaeological artefact 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.".

22Schedule 8A amended

In Schedule 8A to the Principal Regulations—

(a)in item 2 omit "*Business name:" (wherever occurring);

(b)for item 4 substitute—

"4.Cultural heritage management plan

A Cultural Heritage Management Plan (CHMP) is a requirement of the Aboriginal Heritage Act 2006. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.

Find out whether a CHMP is required: (up-to-date internet link)

Is a CHMP required under the Aboriginal Heritage Act 2006 in relation to carrying out the proposed works or activities? *Yes/*No

If yes, what is the status of the CHMP?

*Not started

*Underway

Note:You can submit your application now and provide the approved CHMP later; however, a decision on your application cannot be made until you provide a copy of the CHMP. In accordance with section 52(3) of the Aboriginal Heritage Act 2006, an amended consent cannot be issued under the Heritage Act 2017 for works or activities that are inconsistent with an approved CHMP.

*Approved—If the CHMP is approved, are any of the proposed works or activities inconsistent with the requirements of the approved CHMP? *Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with the approved CHMP.

Are the proposed works or activities inconsistent with any previously approved CHMP?

*Yes/*No

Please provide a statement describing how the proposed works or activities are consistent/inconsistent with any previously approved CHMP.".

23Schedule 9 substituted

For Schedule 9 to the Principal Regulations substitute—

"Schedule 9—Form of site card

Definition of site card in section 3(1) of the Heritage Act 2017

Regulation 27

1.Archaeological site details

Site name:

Heritage Inventory number (if any):

Other or former names of the site (if any):

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 archaeological site is located?

Address or GPS coordinates of place:

Mapsheet name and number (1:100 000 only):

Cadastral location of place

County:

Parish:

Township:

Section:

Allotment:

Standard Parcel Identifier (SPI):

Is the site on common property?

*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:

2.Details of person providing site card

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:

*Archaeologist

If the archaeologist is not the person providing the site card, details of the archaeologist:

*First name:

*Last name

*Name of body corporate or organisation:

*ABN/*ACN/*ARBN:

*Email:

*Contact number:

*Postal address:

Details of owner or government asset manager of place

If the person providing the site card is not the owner or the government asset manager of the place, details of the owner or government asset manager:

*First name:

*Last name:

Name of *body corporate/*organisation/*government asset manager:

*ABN/*ACN/*ARBN:

*Email:

*Contact number:

*Postal address:

Occupant of archaeological site

If the occupant is not the owner or the government asset manager of the archaeological site, details of the occupant:

First name:

Last name:

Email:

Contact number:

Postal address:

3.Aboriginal cultural heritage

The archaeological site has known Aboriginal cultural heritage value: *Yes/*No

The archaeological site is recorded on the Victorian Aboriginal Heritage Register: *Yes/*No

Who are the traditional owners of the archaeological site (if known)?

4.Site assessment

Current description of the archaeological site:

Date recorded:

Is the archaeological site included in the Heritage Register: *Yes/*No (If yes, please advise Heritage Register number)

Is the archaeological site included in the Heritage Overlay? *Yes/*No (If yes, please advise HO number)

Are there any associated archaeological sites? *Yes/*No (If yes, please provide details:)

5.Place history

Please provide a brief history of the archaeological site (at least 1 to 2 paragraphs):

6.Analysis of site (interpretation)

Analysis must consider the former use/s of the archaeological site and how it is demonstrated in the historical archaeological features or artefacts and how its current use may have impacted the archaeological remains.

Statement of significance of the archaeological site:

·What is significant?

·How is it significant?

·Why is it significant?

7.Key sources

Please list the key sources relied on. This could include books, publications, websites, the names of experts or any other resources.

8.Threat

Is the archaeological site under immediate or imminent threat? *Yes/*No/*Don't know

If yes, please provide details:

9.Investigation or survey information

Is the site card being submitted following a discovery of an archaeological site during an investigation or survey of land that has been previously reported to Heritage Victoria under section 127 of the Heritage Act 2017?

*Yes/*No

10.Supporting documents

You must provide the following (if applicable) when submitting your application—

·a map showing the location of the archaeological site, clearly identifying the recorded area;

·a plan showing all archaeological features, and any built cultural heritage (the plan must be labelled and the scale noted—e.g. 1:100 000);

·current photographs of the site;

·historical documentation (historical photographs, historical plans and historical maps);

·any other documents or notes produced as a result of the survey;

·spatial files;

·owners details or certificate/s of title issued within 30 days before the site card is provided must be submitted with the site card (not required for property entirely located on Crown land).

11.Statement

I state that the information I have given on this site card is true and correct to the best of my knowledge.

Name of person who provided site card:

Signature:

Date:

*Delete if not applicable.".

24Schedule 9A amended

In item 2 of Schedule 9A to the Principal Regulations omit "*Business name:".

25New Schedule 13 inserted

After Schedule 12 to the Principal Regulations insert—

"Schedule 13—Infringement offences and infringement penalties

Regulation 31

Column 1 Item	Column 2 Prescribed infringement offence	Column 3 Prescribed infringement penalty
1.	Section 43	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
2.	Section 59	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
3.	Section 60(1)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
4.	Section 60(2)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
5.	Section 64(3)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
6.	Section 78(5)	2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate
7.	Section 89(1)	10 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
8.	Section 89(2)	10 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
9.	Section 89(3)	10 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
10.	Section 104	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
11.	Section 125	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
12.	Section 126A	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
13.	Section 127(4)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
14.	Section 127(5)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
15.	Section 127(6)	6 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
16.	Section 128(3)	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
17.	Section 147(1)	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
18.	Section 147(2)	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate
19.	Section 163	12 penalty units in the case of a natural person 20 penalty units in the case of a body corporate

".

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ENDNOTES

[1] Reg. 4: S.R. No. 108/2017 as amended by S.R. Nos 54/2018 and 3/2024.

——

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 2024 is $16.33. 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 2024 is $197.59. 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.