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

What are the powers of local aboriginal communities listed in the schedule of the commonwealth act?

The Schedule of the Commonwealth Act lists over 20 local Aboriginal communities, most who hold decision-making responsibilities within a defined community area. A map showing these community areas is available on Aboriginal Affairs Victoria's website at www.dvc.vic.gov.au/AAV.

A local Aboriginal community listed in the Schedule can grant or refuse consent to interfere with an Aboriginal place situated within its community area. In addition, any local Aboriginal community can:

  • request emergency declarations to protect cultural heritage places and objects at risk;
  • advise the Minister for Aboriginal Affairs on appointment of inspectors;
  • enter into agreements with anyone who owns or controls Aboriginal cultural property; and
  • determine action to be taken in relation to the discovery of Aboriginal remains

Local Aboriginal communities can also make direct recommendations to the Minister for Aboriginal Affairs relating to cultural property in Victoria and on the operation of certain provisions in the Act.

In addition to the specified local Aboriginal communities, many other Aboriginal groups and organisations, including native title claimants, also have interests in cultural heritage in Victoria.

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