Aboriginal Heritage Amendment Regulations 2009

Aboriginal Heritage Amendment Regulations 2009

S.R. No. 50/2009

table of provisions

RegulationPage

1Objective

2Authorising provisions

3Commencement

4New Part 1A

Part 1A—EXEMPT ACTIVITIES OR OPERATIONS

4ABuying an Aboriginal object at a public auction

5High impact activities—buildings and works for specified uses

6High impact activities—specified items of infrastructure

7Exclusion of retirement villages

8Extraction or removal of stone

48AExtraction or removal of stone

9High impact activity—stone on the Victorian Volcanic Plain

10Standard assessment

11Fees under regulation 69

12Transitional—statutory authorisations

13Regulation 77 substituted

77Archaeological surveys

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EndnoteS

S.R. No. 50/2009

Aboriginal Heritage Amendment Regulations 2009

statutory rules 2009

S.R. No. 50/2009

Aboriginal Heritage Amendment Regulations 2009

Aboriginal Heritage Act 2006

S.R. No. 50/2009

Aboriginal Heritage Amendment Regulations 2009

Aboriginal Heritage Amendment Regulations 2009

S.R. No. 50/2009

Aboriginal Heritage Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 19 May 2009

Responsible Minister:

RICHARD WYNNE

Minister for Aboriginal Affairs

ryan heath

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Aboriginal Heritage Regulations 2007—

(a)to exempt the buying of an Aboriginal object at a public auction from specified provisions of the Aboriginal Heritage Act 2006;

(b)to amend the specification of high impact activities;

(c)to amend the survey requirements for a standard assessment;

(d)to amend fees payable for an application under section 36 of the Act;

(e)to amend transitional provisions.

2Authorising provisions

These Regulations are made under sections 47 and 194 of, and clause 11 of Schedule 1 to, the Aboriginal Heritage Act 2006.

3Commencement

r. 3

These Regulations come into operation on 28 May 2009.

4New Part 1A

After Part 1 of the Aboriginal Heritage Regulations 2007[1] insert—

"Part 1A—EXEMPT ACTIVITIES OR OPERATIONS

4ABuying an Aboriginal object at a public auction

(1)The buying of an Aboriginal object at a public auction is exempt from sections 34(1)(c) and 36(1)(d) of the Aboriginal Heritage Act 2006.

(2)In this regulation, a public auction means an auction that has been publicly advertised.

______".

5High impact activities—buildings and works for specified uses

(1)After regulation 43(1)(b)(xvi) of the Aboriginal Heritage Regulations 2007 insert—

"(xvia)an office;".

(2)After regulation 43(1)(b)(xx) of the Aboriginal Heritage Regulations 2007 insert—

"(xxa)a retirement village;".

(3)For regulation 43(1)(b)(xxiii) of the Aboriginal Heritage Regulations 2007 substitute—

"(xxiii) a utility installation, other than a telecommunications facility, if—

(A) the works are a linear project that is the construction of an overhead power line with a length exceeding one kilometre or for which more than 10 power poles are erected; or

(B) the works are a linear project that is the construction of a pipeline with a length exceeding 500 metres; or

(C) the works are a linear project with a length exceeding 100 metres (other than the construction of an overhead power line or a pipeline with a pipe diameter not exceeding 150 millimetres); or

(D) the works affect an area exceeding 25 square metres.".

(4)After regulation 43(3) of the Aboriginal Heritage Regulations 2007 insert—

"(4)In this regulation, linear project has the same meaning as in regulation 68.".

6High impact activities—specified items of infrastructure

r. 6

(1)For regulation 44(1)(b) of the Aboriginal Heritage Regulations 2007 substitute—

"(b)a bicycle track with a length exceeding 100 metres;".

(2)For regulation 44(1)(d) of the Aboriginal Heritage Regulations 2007 substitute—

"(d)rail infrastructure, other than—

(i)a railway track with a length of less than 100 metres; or

(ii)a railway track siding with a length of less than 100 metres; or

(iii)a cutting with a length of less than 100 metres; or

(iv)a tunnel with a length of less than 100 metres; or

(v)a bridge with a span of less than 100 metres; or

(vi)a platform with a length of less than 100 metres; or

(vii)a service road with a length of less than 100 metres;".

(3)For regulation 44(1)(e) of the Aboriginal Heritage Regulations 2007 substitute—

"(e)a road with a length exceeding 100 metres;".

(4)For regulation 44(1)(f) of the Aboriginal Heritage Regulations 2007 substitute—

"(f)a walking track with a length exceeding 100 metres;".

r. 7

7Exclusion of retirement villages

(1)After regulation 45(2) of the Aboriginal Heritage Regulations 2007 insert—

"(3)This regulation does not apply to the construction of or the carrying out of works for a retirement village within the meaning of the VPP.".

(2)In the example at the foot of regulation 45(2) of the Aboriginal Heritage Regulations 2007 omit "Extending a retirement village by an additional four dwellings is a high impact activity.".

8Extraction or removal of stone

r. 8

After regulation 48 of the Aboriginal Heritage Regulations 2007 insert—

"48A Extraction or removal of stone

(1)The extraction or removal of stone (other than sand or sandstone) that does not require an earth resource authorisation is a high impact activity if—

(a)the primary purpose of the extraction or removal is—

(i)the sale or commercial use of the stone; or

(ii)the use of the stone in construction, building, road or manufacturing works; and

(b)the land from which the stone is extracted or removed is more than 2000 square metres; and

(c)the extraction or removal would result in significant ground disturbance.

(2)In this regulation, stone has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990.".

9High impact activity—stone on the Victorian Volcanic Plain

r. 9

(1)After regulation 51(1) of the Aboriginal Heritage Regulations 2007 insert—

"(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.".

(2)In regulation 51(2) of the Aboriginal Heritage Regulations 2007, for "Subregulation (1) does" substitute "Subregulations (1) and (1A) do".

(3) In regulation 51(3) of the Aboriginal Heritage Regulations 2007, for "Extractive Industries Development Act 1995;" substitute "Mineral Resources (Sustainable Development) Act 1990;".

10Standard assessment

In regulation 59(3)(b) of the Aboriginal Heritage Regulations 2007, after "mature" insert "indigenous".

11Fees under regulation 69

After regulation 69(2) of the Aboriginal Heritage Regulations 2007 insert—

"(3)Despite subregulations (1) and (2), the following fees are prescribed for an application for a cultural heritage permit of the following class—

(a)Class 1, an application under section 36(1)(c) of the Act for a permit to carry out heritage protection works, a fee of nil fee units;

(b)Class 2, an application under section 36(1)(b) of the Act, by a student enrolled in an undergraduate course at a university, a fee of nil fee units;

(c)Class 3, an application under section 36(1)(a), (b), (c) or (d) of the Act that is the same or substantially similar to an application that was withdrawn no more than 6 months before the application is made, a fee of nil fee units.

(4)In this regulation, heritage protection works means works that are primarily intended to protect, conserve or enhance an Aboriginal place.".

12Transitional—statutory authorisations

r. 12

(1)At the end of regulation 75 of the Aboriginal Heritage Regulations 2007 insert—

"(2)If, on the commencement of the Aboriginal Heritage Amendment Regulations 2009, a statutory authorisation is in force for—

(a)an office; or

(b)a retirement village; or

(c)a walking track with a length exceeding 100 metres—

a cultural heritage management plan is not required under regulation 6 for the office, retirement village or walking track."

(2)At the end of regulation 76 of the Aboriginal Heritage Regulations 2007 insert—

"(2)A cultural heritage management plan is not required under regulation 6 for—

(a)an office; or

(b)a retirement village; or

(c)a walking track with a length exceeding 100 metres—

if, before the commencement of the Aboriginal Heritage Amendment Regulations 2009, a decision maker received an application for a statutory authorisation for the office, retirement village or walking track.".

13Regulation 77 substituted

r. 13

For regulation 77 of the Aboriginal Heritage Regulations 2007 substitute—

"77 Archaeological surveys

A cultural heritage management plan is not required under regulation 6 for an activity, if before the commencement day, an archaeological survey had been carried out for the activity under the Archaeological and Aboriginal Relics Preservation Act 1972 and—

(a)a completed record for each individual site—

(i)in or to the effect of Form E, F, G or H in the Schedule (whichever is relevant) of the Archaeological and Aboriginal Relics Preservation Regulations 1992[2]; or

(ii)in the form of Schedule 3 of the Archaeological and Aboriginal Relics Preservation Regulations 2003[3]; and

(b)two copies of a final report of the survey—

r. 13

had been provided to the Secretary in accordance with section 22(5)(b) of the Archaeological and Aboriginal Relics Preservation Act 1972.".

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S.R. No. 50/2009

Aboriginal Heritage Amendment Regulations 2009

EndnoteS

Endnotes

[1] Reg. 4: S.R. No. 41/2007.

[2] Reg. 13: S.R. No. 218/1992. Revoked by S.R. No. 49/2003.

[3] Reg. 13: S.R. No. 49/2003. Impliedly revoked by virtue of the repeal of section 32 of the Archeological and Aboriginal Relics Preservation Act 1972 by section 195 of the Aboriginal Heritage Act 2006.