(3) In this regulation, declared Ramsar wetland has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth. 27 Coastal Crown land r. 27 (1) Subject to subregulation (2), coastal Crown land is an area of cultural heritage sensitivity. (2) If part of an area of coastal Crown land has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity. Example A yacht club proposes to extend its club house onto a vacant, unused area at the rear of the existing club house, within the area of its Crown land lease. The activity is the construction of the extension and the activity area is the unused area upon which the extension is to be constructed. The activity area is close to the coast. The activity area has not been subject to significant ground disturbance because only the coastal vegetation has been removed. The activity area is an area of cultural heritage sensitivity. 28 Coastal land (1) Subject to subregulation (2), land within 200 metres of the high water mark of the coastal waters of Victoria or any sea within the limits of Victoria is an area of cultural heritage sensitivity. (2) If part of the land specified in subregulation (1) has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity. 29 Parks (1) Subject to subregulation (2), a park is an area of cultural heritage sensitivity. (2) If part of a park has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity.
30 High plains r. 30 (1) Subject to subregulation (2), the high plains is an area of cultural heritage sensitivity. (2) If part of the high plains has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity. (3) In this regulation, high plains means an area identified as "High Plains 1.3" on the map entitled "Land Systems and Geomorphic Units" published by the Land Conservation Council in 1988. 31 Koo Wee Rup Plain (1) Subject to subregulation (2), the Koo Wee Rup Plain is an area of cultural heritage sensitivity. (2) If part of the Koo Wee Rup Plain has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity. (3) In this regulation, Koo Wee Rup Plain means an area identified as "Qrm" on the following Geological Survey of Victoria 1:250 000 map series sheets— (a) SJ55-9 entitled "Queenscliff" (second edition, 1997); (b) SJ55-10 entitled "Warragul" (second edition, 1997). 32 Greenstone outcrops (1) Subject to subregulation (2), a greenstone outcrop area is an area of cultural heritage sensitivity. (2) If part of a greenstone outcrop area has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity.
(2) In this regulation, search for stone has the same meaning as in the VPP. 51 Extraction or removal of loose stone on agricultural land on the Victorian Volcanic Plain (1) The extraction or removal of loose stone from the surface of land used for agriculture on the Victorian Volcanic Plain is a high impact activity if the extraction or removal— (a) is for the primary purpose of land improvement, including pasture enhancement; and (b) would result in significant ground disturbance. Reg. 51(1A) inserted by S.R. No. 50/2009 reg. 9(1). (1A) The crushing of loose stone on the surface of land used for agriculture on the Victorian Volcanic Plain is a high impact activity if the crushing is— (a) by machinery; and (b) for the primary purpose of land improvement, including pasture enhancement. Reg. 51(2) amended by S.R. No. 50/2009 reg. 9(2). (2) Subregulations (1) and (1A) do not apply if the land is used for crop raising or has been used for crop raising. (3) In this regulation— agriculture and crop raising have the same meanings respectively as they have in the VPP; Reg. 51(3) def. of stone amended by S.R. No. 50/2009 reg. 9(3). stone has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Aboriginal Heritage Amendment Regulations 2009, S.R. No. 50/2009 Date of Making: 19.5.09 Date of Commencement: 28.5.09: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes