Rural Law Online A guide to the law for Victorian Primary Producers

Aboriginal cultural heritage legislation

Victoria has a rich and diverse Aboriginal cultural heritage that provides a link for contemporary Aboriginal people with their culture and their past. Cultural places and objects are of great interest and significance to Aboriginal people and form an important part of the heritage of all Australians.

Aboriginal cultural heritage in Victoria is protected by a nationally unique combination of state and Commonwealth legislation. Anyone who proposes to undertake activities that may potentially damage Aboriginal cultural places or objects should be aware of that legislation.

To view a web page featuring further information relating to this topic go to the Aboriginal Affairs Victoria website - Aboriginal Affairs Victoria.

New Aboriginal Heritage Act 2006 (Vic)

Commencing from 28 May 2007, the new Aboriginal Heritage Act 2006 replaces the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Comm.) and the Archaeological and Aboriginal Relics Preservation Act 1972 (Vic.)

Key features of the Aboriginal Heritage Act 2006 include:

  • the creation of the Aboriginal Heritage Council, with membership of traditional owners who will advise on the protection of Aboriginal heritage;
  • the use of cultural heritage management plans for certain development plans or activities;
  • the ability for registered Aboriginal parties to evaluate management plans, advise on permit applications, enter into cultural heritage agreements and negotiate the repatriation of Aboriginal human remains; and
  • alternative dispute resolution procedures.

The following content regarding aboriginal heritage legislation is now out of date. For further details on the new legislation, visit the Aboriginal Affairs Victoria website.

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