S. 4(1) def. of secret or sacred object inserted by No. 11/2016 s. 5(1). secret or sacred object includes an Aboriginal object directly associated with a traditional Aboriginal burial; Secretary means the Secretary to the Department; S. 4(1) def. of sell amended by No. 11/2016 s. 5(7). sell, in relation to an Aboriginal object, means— (a) dispose of by sale, barter or exchange; or (b) agree, or offer, to dispose of by sale, barter or exchange; or (c) advertise or expose for the purpose of sale, barter or exchange; or (d) consign, or have possession of on consignment, for the purpose of sale, barter or exchange; or (e) do anything referred to in paragraphs (a) to (d) through an online auction house; sponsor, in relation to a cultural heritage management plan, means— (a) if the plan is required under this Act in relation to an activity, the person who is seeking to undertake that activity; and (b) in any other case, the person seeking the preparation of the plan; State entity means a person or body that represents the State; S. 4(1) def. of stop order amended by No. 11/2016 s. 5(8). stop order means a stop order issued under Division 2 of Part 6;
(f) Royal Melbourne Institute of Technology; (g) Swinburne University of Technology; (h) The University of Melbourne; (i) Victoria University; use, in relation to land, includes use or proposed use for the purpose for which the land has been, is being or may be developed; S. 4(1) def. of VicRoads inserted by No. 11/2016 s. 5(1). VicRoads means the Roads Corporation within the meaning of section 3 of the Transport Integration Act 2010; S. 4(1) def. of VicTrack inserted by No. 11/2016 s. 5(1). 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; S. 4(1) def. of water authority inserted by No. 11/2016 s. 5(1). water authority means an Authority within the meaning of the Water Act 1989; works includes— (a) any physical intervention, excavation or action that may result in a change to the structure, appearance or physical nature of a place; and (b) any change to the natural or existing condition or topography of land; and (c) the removal or destruction of trees; and (d) the removal of vegetation or topsoil. S. 4(2) amended by No. 11/2016 s. 5(10). (2) If under the Public Administration Act 2004 the name of the Department of Premier and Cabinet is changed, a reference in the definition of
(b) the date by which the information is to be provided, being at least 30 days after the request; (c) a statement that the application will lapse if the information is not provided by that date. (5) The period referred to in subsection (2)— (a) ceases to run when the Secretary requests the additional information; and (b) recommences to run when the information is provided to the Secretary. Division 3—Other authorisations suspended until plan prepared 50 Definitions In this Division— decision maker, in relation to statutory authorisation, means a person or body empowered under an Act or regulations to grant that authorisation; S. 50 def. of earth resource authorisation amended by Nos 63/2006 s. 61(Sch. item 1.1), 6/2009 s. 42(1), 10/2010 s. 800(Sch. 6 item 1(a)), 11/2016 s. 43(1). earth resource authorisation means any of the following— (a) an approval given under section 40 of the Mineral Resources (Sustainable Development) Act 1990; (b) an extractive industry work authority granted under section 77I of the Mineral Resources (Sustainable Development) Act 1990; (c) a written consent given under section 138 of the Petroleum Act 1998; (d) the acceptance under Division 3 of Part 9 of the Pipelines Act 2005 of an Environment Management Plan;
(2) If the registration of a registered Aboriginal party that is a party to an Aboriginal cultural heritage land management agreement is suspended, the registered Aboriginal party is taken not to be a party to the agreement during the period of suspension. S. 79J inserted by No. 11/2016 s. 59. 79J When does an Aboriginal intangible agreement begin? An Aboriginal intangible heritage agreement may provide that it comes into effect— (a) on the execution of the agreement; or (b) on the happening of a specified event; or (c) at a specified time. S. 79K inserted by No. 11/2016 s. 59. 79K When does an Aboriginal intangible heritage agreement end? An Aboriginal intangible heritage agreement may provide that it ends wholly or in part— (a) on the happening of a specified event; or (b) at a specified time; or (c) by agreement between the parties. S. 79L inserted by No. 11/2016 s. 59. 79L Evidentiary provision regarding Aboriginal intangible heritage In any proceedings under this Act, the recording of details of Aboriginal intangible heritage in the Register, or the recording of details of an Aboriginal intangible heritage agreement in the Register, is evidence of the existence of that Aboriginal intangible heritage. Pt 6 (Heading) substituted by No. 11/2016 s. 60.
S. 83(4) amended by No. 11/2016 s. 62(5)(a). (4) A person engaged as a heritage advisor to conduct a cultural heritage audit must comply with— S. 83(4)(a) amended by No. 11/2016 s. 62(5)(b). (a) a direction of an authorised officer requiring the person to give the authorised officer a written report of the findings of the audit; and S. 83(4)(b) amended by No. 11/2016 s. 62(5)(c). (b) any other reasonable direction of the authorised officer. S. 83(5) substituted by No. 11/2016 s. 62(6). (5) If the Secretary directs the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit to engage a heritage advisor to conduct a cultural heritage audit, the sponsor or holder must pay the fees and reasonable expenses of the heritage advisor in conducting the audit. S. 83(6) inserted by No. 11/2016 s. 62(6). (6) The Secretary must reimburse any fees or expenses incurred by the sponsor of a cultural heritage management plan or the holder of a cultural heritage permit under subsection (5) if the cultural heritage audit finds that the sponsor or holder has not contravened the plan or permit. 84 Report of cultural heritage audit S. 84(1) amended by No. 11/2016 s. 63(1). (1) An authorised officer who conducts, or directs the conduct of, a cultural heritage audit must give a written report of the findings of the audit to the Minister. (2) The report may— (a) identify any apparent contravention of an approved cultural heritage management plan or cultural heritage permit;
S. 146(1)(j) inserted by No. 11/2016 s. 87(5). (j) the Executive Director of Heritage Victoria—for the purpose of managing and protecting Aboriginal cultural heritage on or associated with a heritage place; S. 146(1)(k) inserted by No. 11/2016 s. 87(5). (k) a Catchment Management Authority—for the purpose of obtaining information to assist or enable the Authority to carry out functions or duties associated with the control or management of land; S. 146(1)(l) inserted by No. 11/2016 s. 87(5). (l) the Minister responsible for keeping the Register of Aboriginal Sites and Objects under Part 2 of the Aboriginal Heritage Act 1988 of South Australia—for the purpose of obtaining information to assist with the management and protection of Aboriginal cultural heritage in South Australia in the vicinity of the Victorian border; S. 146(1)(m) inserted by No. 11/2016 s. 87(5). (m) the Director-General appointed under the National Parks and Wildlife Act 1974 of New South Wales and responsible for maintaining the public register established under section 188F of that Act—for the purpose of obtaining information to assist with the management and protection of Aboriginal cultural heritage in New South Wales in the vicinity of the Victorian border; S. 146(1)(n) inserted by No. 11/2016 s. 87(5). (n) a person employed under Part 3 of the Public Administration Act 2004 whose responsibilities include the assessment of applications for planning permits or amendments to planning schemes—for the purpose of obtaining information on any Aboriginal cultural heritage relating to the application;
S. 172(b) amended by No. 11/2016 s. 113(3). (b) seize Aboriginal ancestral remains if the authorised officer or Aboriginal heritage officer reasonably believes that the remains are being held in contravention of section 19. 173 Search warrants S. 173(1) amended by No. 11/2016 s. 114(1). (1) An authorised officer may apply to a magistrate for the issue of a search warrant under this section in relation to a particular place. S. 173(2) amended by Nos 37/2014 s. 10(Sch. item 1.2), 11/2016 s. 114(2). (2) If the magistrate is satisfied that there are reasonable grounds for believing that an offence against this Act has occurred, or is likely to occur, the magistrate may issue a search warrant authorising the authorised officer and any police officer and other assistants the authorised officer considers necessary— (a) to enter the place named or described in the warrant; and (b) to search for and seize a thing or things named or described in the warrant. S. 173(3) amended by No. 11/2016 s. 114(3). (3) In addition to a thing named or described in the warrant under subsection (2)(b), the authorised officer executing the warrant may seize any other thing, including an Aboriginal object, present at the place if the authorised officer reasonably believes— (a) that the thing will afford evidence of the commission of an offence against this Act; and (b) that it is necessary to seize the thing to prevent its concealment, loss or destruction. (4) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the place to be searched; and