Victorian Context

# Victorian Context If you work in Victoria, you need to understand the state-specific regulatory framework. Victoria has one of Australia's most developed systems for Aboriginal cultural heritage management.¹  _Fig. 7.1: The Aboriginal Heritage Act 2006 is Victoria's primary legislation for protecting Aboriginal cultural heritage.¹_ ## Aboriginal Heritage Act 2006 (Vic) ### Overview The Aboriginal Heritage Act 2006 is Victoria's primary legislation for protecting Aboriginal cultural heritage. It establishes the Victorian Aboriginal Heritage Council, the Registered Aboriginal Party system, Cultural Heritage Management Plans, and permit requirements and penalties. ### Key Principles The Act is based on these principles: Aboriginal people are the primary custodians of Aboriginal cultural heritage. Heritage should be managed in a way that protects it. Aboriginal people should have a role in decision-making. Heritage management should be transparent. ### What the Act Protects The Act protects **Aboriginal places** (locations of significance), **Aboriginal objects** (items of cultural significance), **ancestral remains** (human remains of Aboriginal people), and **secret or sacred objects** (items of particular cultural sensitivity). --- ## Cultural Heritage Sensitivity ### Areas of Cultural Heritage Sensitivity The Act designates certain areas as having cultural heritage sensitivity:² - Registered Aboriginal places on the Victorian Aboriginal Heritage Register - Within 200m of named waterways (rivers, creeks, etc.) - Within 200m of the coastline - Sand dunes - Certain registered landforms - Areas identified by the Secretary ### ACHRIS — Aboriginal Cultural Heritage Register and Information System ACHRIS is Victoria's online system for checking cultural heritage sensitivity.  _Fig. 7.2: ACHRIS is Victoria's online portal for checking cultural heritage sensitivity before any project commences.²_ **What ACHRIS shows:** Registered Aboriginal places and objects. Areas of cultural heritage sensitivity. Registered Aboriginal Party boundaries. Cultural Heritage Management Plan requirements. **Before any project:** 1. Check ACHRIS for your site 2. Identify if the site is in an area of sensitivity 3. Determine if a Cultural Heritage Management Plan is required 4. Identify the relevant Registered Aboriginal Party → **[Access ACHRIS](https://achris.vic.gov.au/)** --- ## Registered Aboriginal Parties ### What They Are > **Note on Terminology:** In this chapter, "Registered Aboriginal Party" refers to Victorian cultural heritage bodies established under the Aboriginal Heritage Act 2006. This is different from "Reconciliation Action Plans" (also abbreviated RAP) discussed in Chapter 6. To avoid confusion, this chapter spells out "Registered Aboriginal Party" in full. A Registered Aboriginal Party is an Aboriginal organisation registered by the Victorian Aboriginal Heritage Council as the primary source of advice on protecting Aboriginal cultural heritage in a specified area.³ ### What They Do Registered Aboriginal Parties evaluate Cultural Heritage Management Plans, comment on permit applications, manage cultural heritage within their area, provide advice on heritage matters, and negotiate Cultural Heritage Agreements. ### Current Victorian Registered Aboriginal Parties As of 2024, Victoria has the following Registered Aboriginal Parties: | Organisation | Region | | ------------------------------------------------------------------- | ------------------------------------ | | **Barengi Gadjin Land Council** | Wimmera | | **Bunurong Land Council** | South-eastern Melbourne, Westernport | | **Dja Dja Wurrung Clans Aboriginal Corporation** | Central Victoria | | **Eastern Maar Aboriginal Corporation** | South-west Victoria | | **First People of the Millewa-Mallee** | North-west Victoria | | **Gunaikurnai Land and Waters Aboriginal Corporation** | Gippsland | | **Gunditj Mirring Traditional Owners Aboriginal Corporation** | Western Victoria | | **Taungurung Land and Waters Council** | North-central Victoria | | **Wadawurrung Traditional Owners Aboriginal Corporation** | Geelong region | | **Wurundjeri Woi-wurrung Cultural Heritage Aboriginal Corporation** | Greater Melbourne | | **Yorta Yorta Nation Aboriginal Corporation** | Murray River region |  _Fig. 7.3: Map showing the boundaries of Victoria's Registered Aboriginal Parties.³_ ### Finding Your Registered Aboriginal Party Check ACHRIS for Registered Aboriginal Party boundaries. Note that some areas have no Registered Aboriginal Party—contact First Peoples-State Relations in those cases. Where boundaries overlap, consult with all relevant Registered Aboriginal Parties. Contact the relevant Registered Aboriginal Party early in project planning. --- ## Cultural Heritage Management Plans (CHMPs) ### When Is a CHMP Required? A CHMP is **mandatory** when:⁴ 1. All or part of the activity is in an area of cultural heritage sensitivity, **AND** 2. All or part of the activity is a high impact activity, **AND** 3. An EES (Environment Effects Statement) is not required Record this check in writing at project start so your team can verify assumptions before concept design is locked. ### High Impact Activities High impact activities include most construction and development: buildings and structures (certain thresholds), subdivision of land, road construction, excavation and soil disturbance, mining and extractive activities. ### CHMP Process **Desktop Assessment (Standard)** — Engage a Heritage Advisor. Research existing information. Assess likelihood of Aboriginal places. Document findings. **Standard Assessment (if required)** — Field survey of the site. Consultation with Registered Aboriginal Party. Assessment of surface conditions. Recommendations for management. **Complex Assessment (if required)** — Subsurface testing. Detailed archaeological investigation. Extensive Registered Aboriginal Party consultation. Comprehensive management conditions. ### CHMP Approval CHMPs must be approved by the relevant Registered Aboriginal Party (if one exists), or the Secretary (if no Registered Aboriginal Party exists). ### CHMP Costs and Timing | Assessment context | Indicative cost | Indicative timing | Typical delay risks | | ------------------ | --------------- | ----------------- | ------------------- | | Desktop / lower complexity | $10,000-$30,000 | 2-4 months | Late data gathering, late advisor appointment | | Standard assessment | $30,000-$60,000 | 4-8 months | Site access delays, coordination gaps | | Complex assessment | $60,000-$100,000+ | 8-12+ months | Extensive testing, unresolved scope, late consultation | **Plan early:** CHMP approval must be obtained before works commence. --- ## Cultural Heritage Permits ### When Is a Permit Required? A Cultural Heritage Permit is required to disturb or excavate a registered Aboriginal place, damage or destroy an Aboriginal place, and possess, sell, or remove certain Aboriginal objects. Use permits and CHMPs as separate pathways: CHMPs manage broader project activities; permits apply to specific protected place or object impacts. ### Permit Process 1. Apply to the Secretary (First Peoples-State Relations) 2. Consult with relevant Registered Aboriginal Party 3. Provide detailed information about proposed activities 4. Receive determination ### Emergency Permits Emergency permits may be available for urgent situations but should not be relied upon for project planning. --- ## Stop Orders and Penalties ### Stop Orders The Minister can issue a stop order to stop an activity harming Aboriginal cultural heritage, require rehabilitation of damaged heritage, and prohibit activities in specified areas. ### Penalties Serious penalties apply for: - **Harming Aboriginal cultural heritage:** Up to $1.8 million for corporations - **Failure to comply with CHMP conditions:** Significant fines - **Contravening a stop order:** Criminal penalties possible --- ## First Peoples-State Relations (FPSR) ### Role of FPSR First Peoples-State Relations is the Victorian Government department responsible for administering the Aboriginal Heritage Act, maintaining ACHRIS, supporting the Victorian Aboriginal Heritage Council, and processing permits and providing advice. ### When to Contact FPSR Contact FPSR when no Registered Aboriginal Party exists for your area, you have questions about legislative requirements, you need advice on cultural heritage processes, or there are disputes or issues with CHMP processes. → **[First Peoples-State Relations](https://www.firstpeoplesrelations.vic.gov.au/)** --- ## Victorian Government Policies ### Advancing the Treaty Process Victoria is advancing treaty negotiations with Aboriginal Victorians through the First Peoples' Assembly of Victoria, Yoorrook Justice Commission truth-telling, and Treaty negotiations.⁵ Be aware of how treaty outcomes may affect engagement requirements.  _Fig. 7.4: The First Peoples' Assembly of Victoria is the democratically elected body representing Aboriginal Victorians in treaty negotiations.⁵_ ### Aboriginal Procurement The Victorian Government has targets for procurement from Aboriginal businesses, Aboriginal employment, and engagement on government projects. These may affect tender requirements for government projects. ### Aboriginal Self-Determination Victoria has committed to Aboriginal self-determination across government. This means Aboriginal communities leading decisions about their affairs, greater Aboriginal authority in service delivery, and increased Aboriginal representation in government. --- ## Practical Checklist for Victorian Projects Use the checklist below as your minimum compliance baseline. Mark mandatory items in your project controls and keep evidence for each completed action. ### Before Project Commencement - [ ] Check ACHRIS for cultural heritage sensitivity - [ ] Identify the relevant Registered Aboriginal Party - [ ] Determine if a CHMP is required - [ ] Budget for cultural heritage assessment - [ ] Allow adequate time in project schedule ### During CHMP Process - [ ] Engage an approved Heritage Advisor - [ ] Notify the relevant Registered Aboriginal Party - [ ] Conduct required assessments - [ ] Consult appropriately with Traditional Owners - [ ] Prepare and submit CHMP for approval ### During Construction - [ ] Implement CHMP conditions - [ ] Brief all contractors on heritage requirements - [ ] Establish protocols for unexpected finds - [ ] Monitor compliance with conditions - [ ] Report as required ### Project Completion - [ ] Complete any required reporting - [ ] Return documentation to Registered Aboriginal Party as agreed - [ ] Maintain ongoing relationships - [ ] Document lessons learned --- ## References ¹ Victorian Government. _Aboriginal Heritage Act 2006_. [https://www.legislation.vic.gov.au/in-force/acts/aboriginal-heritage-act-2006](https://www.legislation.vic.gov.au/in-force/acts/aboriginal-heritage-act-2006) ² First Peoples-State Relations Victoria. _Aboriginal Cultural Heritage_. [https://www.firstpeoplesrelations.vic.gov.au/aboriginal-cultural-heritage](https://www.firstpeoplesrelations.vic.gov.au/aboriginal-cultural-heritage) ³ Victorian Aboriginal Heritage Council. _Registered Aboriginal Parties_. [https://www.aboriginalheritagecouncil.vic.gov.au/victoria-registered-aboriginal-parties](https://www.aboriginalheritagecouncil.vic.gov.au/victoria-registered-aboriginal-parties) ⁴ First Peoples-State Relations Victoria. _Cultural Heritage Management Plans_. [https://www.firstpeoplesrelations.vic.gov.au/cultural-heritage-management-plans](https://www.firstpeoplesrelations.vic.gov.au/cultural-heritage-management-plans) ⁵ First Peoples' Assembly of Victoria. _Treaty Process_. [https://www.firstpeoplesvic.org/](https://www.firstpeoplesvic.org/) --- ## Next Steps Continue to **Chapter 8: Essential Resources & Tools** for a curated collection of books, digital tools, and organisations that will support your ongoing learning and practice.