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Appendix 1 - Victorian Environmental Assessment Council

Appendix 1 - Victorian Environmental Assessment Council

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MNAC Report on the ECC Box-Ironbark Forests & Woodlands Investigation Draft Report<br />

investigation, interpretation, protection and management of Aboriginal cultural and archaeological<br />

heritage. This branch administers <strong>Victorian</strong>, and Commonwealth-delegated, Aboriginal cultural heritage<br />

legislation such as:<br />

• Archaeological and Aboriginal Relics Preservation Act 1972<br />

• Aboriginal and Torres Strait Islander Heritage Protection Act 1984.<br />

Aboriginal heritage places have protection under these Acts. This protection applies whether or not the<br />

place has been identified and registered. Consent must be obtained prior to carrying out any potentially<br />

damaging activity on or near a registered Aboriginal place. It is also an offence to damage Aboriginal<br />

artefacts, or to excavate land for the purpose of finding artefacts, without prior consent from local<br />

Aboriginal community organisations.<br />

Exploration and mining licence applications must be referred to AAV under the Mineral Resources<br />

Development Act 1990.<br />

AAV maintains databases of known Aboriginal heritage places relating to the pre- and post-contact<br />

periods. This inventory is incomplete for much of the Box-Ironbark study area. AAV must be notified<br />

about the discovery of pre- and post-contact Aboriginal places.<br />

AAV works with Aboriginal communities, other Commonwealth and State Government agencies, local<br />

government and the private sector to promote consideration of Aboriginal cultural heritage in the context<br />

of relevant policy initiatives and programs, especially those relating to land management.<br />

Cul ltturral l herri ittage prrogrrams<br />

Overarching the network of local Aboriginal communities, a statewide cultural heritage program is in<br />

place. This program, set up by AAV, divides Victoria into 5 regions. Local Aboriginal communities are<br />

placed within one of these administrative regions. The regional bodies act as resource agencies in<br />

cultural heritage matters within their regions, and can be a useful source of information and contacts.<br />

These regional bodies have a strong interest in Aboriginal cultural heritage and should be contacted<br />

when work is being undertaken within their administrative boundaries.<br />

Cultural heritage boundaries<br />

The Commonwealth legislation that defines existing cultural heritage boundaries needs to be amended<br />

to reflect the <strong>Victorian</strong> tribal boundaries and to involve traditional owners. There are groups within<br />

Victoria that are not represented within these boundaries, and consequently their cultural heritage is<br />

inadequately protected. There is also a lack of resources for protection and research.<br />

Some cultural heritage programs have recommended that each Aboriginal organisation responsible for<br />

cultural heritage should work together so that the boundaries do not continue to limit their<br />

responsibilities.<br />

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