statutory rules 2016 S.R. No. 94/2016 Aboriginal Heritage Act 2006 Aboriginal Heritage Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 2 August 2016 Responsible Minister: NATALIE HUTCHINS Minister for Aboriginal Affairs ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Aboriginal Heritage Regulations 2007— make consequential and other related amendments following the commencement of the Aboriginal Heritage Amendment Act 2016; and prescribe fees and for various matters; and exempt 3 or more dwellings on a lot and small subdivisions from the requirement to prepare a cultural heritage management plan. 2 Authorising provisions
"(e) if the permit is to authorise the applicant to remove an Aboriginal object from Victoria other than for the purposes of research referred to in paragraph (b) (see section 36(1)(e) of the Act), a fee of 13 fee units.". (4) After regulation 69(2) of the Principal Regulations insert— "(2A) The fee prescribed for a permit to rehabilitate land at an Aboriginal place, including land containing burial grounds for Aboriginal ancestral remains (see section 36(1)(f) of the Act) is nil. (2B) The fee prescribed for a permit to Aboriginal ancestral remains at an Aboriginal place (see section 36(1)(g) of the Act) is nil.". (5) For regulation 69(3) of the Principal Regulations substitute— "(3) Despite subregulations (1) and (2), no fee is payable for an application for a permit in one of the following classes— (a) Class 1, an application under section 36(1)(c) of the Act for a permit to carry out heritage protection works;
name of the person responsible for supervising the subsurface testing or excavation; and physical or other obstacles to the carrying out of the subsurface testing or excavation; and (f) the results of the subsurface testing or excavation including the results of radiometric dating. 6 Aboriginal cultural heritage (1) A detailed description of any Aboriginal cultural heritage found in the agreement area consistent with the registration of that Aboriginal cultural heritage and including the registration number. (2) A statement of the cultural heritage significance of that Aboriginal cultural heritage. (3) A concise map or maps of the agreement area show the location of that Aboriginal cultural heritage. 7 Payments Details of any payments required to be made by the public land manager to a registered Aboriginal party. 8 Cultural heritage management actions
(Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth. 2 Evidence of details of applicant The details of the applicant, including— of any native title determination made relating to the applicant and the application area; and of any recognition and settlement agreement in relation to the application area; and of the status of the applicant as a native party (if applicable); and terms of any native title agreement the applicant wishes to make available to the Council (if applicable); and of any of land in fee simple made by the State or the Commonwealth to the applicant under a specific power in a State or Commonwealth Act (if applicable); and (f) evidence of any agreement between the applicant and the State in relation to land and natural resource management in the application area (if applicable).