medical treatment or the use of human tissue; or (ii) otherwise lawfully removed from an Aboriginal person; Aboriginal Cultural Heritage Fund means the fund established under Part 10A; Aboriginal cultural heritage land management agreement means an agreement entered into under Division 1A of Part 5; Aboriginal heritage officer a person appointed as an Aboriginal heritage officer under Division 1A of Part 11; Aboriginal intangible heritage has the meaning by section 79B; Aboriginal intangible heritage agreement an agreement entered into under Part 5A; Aboriginal person a person belonging to the indigenous peoples of Australia; authorised officer means a person appointed as an authorised officer under Division 1 of Part 11; Catchment Management Authority means an Authority within the meaning of the Catchment and Land Protection Act 1994; committee of management means a committee of management appointed under the Crown Land (Reserves) Act 1978; coroner has the same meaning as in the Coroners Act 2008; Department means the Department of Premier and Cabinet;
environmental and ecological knowledge, in relation to Aboriginal tradition, includes knowledge of medicinal and other properties of flora and fauna, minerals and other elements of the environment; Executive Director of Heritage Victoria the Executive Director within the meaning of the Heritage Act 1995; heritage advisor a person who has the qualifications and experience, or experience or knowledge, required under section 189; heritage place has the same meaning as in the Heritage Act 1995; land use activity agreement has the same meaning as in the Traditional Owner Settlement Act 2010; municipal council means a Council within the meaning of the Local Government Act 1989; Parks Victoria has the same meaning as in the Parks Victoria Act 1998; preliminary Aboriginal heritage test a test prepared under Division 2A of Part 4; public cemetery has the same meaning as in the Cemeteries and Crematoria Act 2003; public land manager means any of the following— committee of management;
24-hour stop means a 24-hour stop order issued under Division 3 of Part 6; traditional owner has the meaning given by section 7; university means any of the following— Catholic University; University; University Australia; University; University; (f) Royal Melbourne Institute of Technology; University of Technology; University of Melbourne; University; VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010; VicTrack means Victorian Rail Track established by section 8 of the Rail Corporations Act 1996 and continued under section 116 of the Transport Integration Act 2010; water authority means an Authority within the meaning of the Water Act 1989;". (2) In section 4(1) of the Aboriginal Heritage Act 2006, in the definition of Aboriginal cultural heritage, for "human" substitute "ancestral".
cultural heritage management plan for the activity has not been approved under Division 5; and the time of commencing the activity, the person was negligent as to whether the activity required a cultural heritage management plan. person who is guilty of an offence under subsection (6) is liable to a penalty not exceeding— the case of a natural person, 60 penalty units; the case of a body corporate, 300 penalty units. Note Section 187A applies to an offence against subsection (2), (4) or (6).". 41 Minister may require plan Section 48(2) of the Aboriginal Heritage Act 2006 is repealed. 42 New Division 2A of Part 4 inserted After Division 2 of Part 4 of the Aboriginal Heritage Act 2006 insert— "Division 2A—Preliminary Aboriginal heritage tests 49B Application for certification of preliminary Aboriginal heritage test person proposing an activity may prepare a preliminary Aboriginal heritage test for the
notice under subsection (1) must include the following— date by which the agreement is to be prepared; parties to the agreement; assessment to be undertaken as part of the agreement's preparation, including an assessment of an area to determine the nature of any Aboriginal cultural heritage in the area. 74E Copy of Aboriginal cultural heritage land management agreement must be given to Secretary public land manager that has entered into an Aboriginal cultural heritage land management agreement must, within 14 days of entering into the agreement, give a copy of the relevant documentation to the Secretary. this section— relevant documentation means any site records, photographs, maps and plans relating to an Aboriginal cultural heritage land management agreement and a copy of the agreement. to Aboriginal cultural heritage land management agreements Sections 74D and 74E apply to a proposed amendment to an Aboriginal cultural heritage land management agreement as if the proposed amendment were a notice of
subsection (4)(c) applies, the alternate member must not act in that position for longer than 6 months. alternate member has all the functions of the member when acting in the of that member. 137A Terms and conditions for alternate members alternate member holds office for the term specified in the alternate member's instrument of appointment, being a period of not more than 3 years. alternate member may resign from office by writing signed by the alternate member and addressed to the Minister. Minister may at any time remove an alternate member of the Council from office and appoint another person in the alternate member's place. alternate member, other than an alternate member who is a person employed under Part 3 of the Public Administration Act 2004, is entitled to receive the fees, travelling and other allowances from time to time fixed by the Minister in respect of that alternate member.". 81 Election of Chairperson and Deputy Chairperson In section 138(3)(b) of the Aboriginal Heritage Act 2006, for "a further term" substitute "two further terms". 82 Conflict of interest
Section 142(2) of the Aboriginal Heritage Act 2006 is repealed. 83 New sections 142A to 142D inserted After section 142 of the Aboriginal Heritage Act 2006 insert— "142A Council advisory committees Council may establish any advisory committees the Council considers necessary to advise it on any matter relating to the carrying out of its functions under this Act. member of the Council may be a member of an advisory committee established by the Council. 142B Procedure for advisory committees quorum of a Council advisory committee consists of a majority of the members of the committee for the time being. to this Act, a Council advisory committee may regulate its own proceedings. 142C Remuneration A member of a Council advisory committee, other than a member who is a person employed under Part 3 of the Public Administration Act 2004, is entitled to receive the fees, travelling and other allowances from time to time approved by the Minister in respect of that member on the advice of the Council.".