ApplicationForm for registrationas aRegistered Aboriginal Party for the purposes of theAboriginal Heritage Act 2006

Thisformshould be completed by an applicant seekingregistrationasaRegisteredAboriginalParty(RAP) undertheAboriginalHeritageAct2006(Vic)(“AH Act”).This formassiststheVictorianAboriginalHeritageCounciltoevaluateapplicationsbyensuringapplicationsarecompleteandconsistentlypresented.To assist in completing this form,applicants are advised to read Registered Aboriginal Parties: Guidelines for Applicants.

ONLY CORPORATIONS REGISTERED UNDER THE CORPORATIONS (ABORIGINAL AND TORRES STRAIT ISLANDER) ACT 2006 (CTH) (“CATSI Act”) CAN APPLY TO BECOME A RAP. APPLICATIONS FROM OTHER APPLICANTS WILL NOT BE CONSIDERED.

SECTION 1 – Applicant Information

Name and ICN of applicant corporation:

Nominated contact person:

Postal address:

Telephone number:

/

Fax number (if any):

Email address (if any):

/

Australian Business Number (if applicable):

1.Is the applicant registered for GST?

/

Yes

/

/

No

/

2.Has the applicant previously applied for registration as a RAP?

/

Yes

/

/

No

/

3.If ‘Yes’ was answered for question 2, was the previous RAP application for part or all of the same area as this application?

/

Yes

/

/

No

/

If yes was answered for question 2 or 3, section 10 of this Application Form must be completed.

Signature of director:

Date

/

/ /20

/

Common Seal:

Name (printed)

Signature of witness (if common seal used) ordirector or corporation secretary (if no common seal used):

Date:

/

/ /20

Name (printed):

Bysigningthisform,eachsignatoryconfirmstheinformationprovidedinthisformistrue,correctandcomplete.

Page 1 of 8

If additional space is required in responding to any questions, please attach to this application form. Any attachments should clearly indicate which section of the application form the attachment addresses.

SECTION 2: Native Title Holder and Traditional Owner Group Entity
Is the applicant a registered native title holder for all or part of the area under application? / Yes /  / No / 
Isthere a native title agreement for the area over which the applicant is a nativetitleholder? / Yes /  / No / 
Is the applicant a traditional owner group entity? / Yes /  / No / 
If yes, the applicant mustprovide evidence as specified in Section 2 (Attachments - Checklist).
Note:
  • A “registered native title holder” means a registered native title body corporate (as that term is defined in the Native Title Act 1993 (Cth) (Native Title Act)); or an entity, other than a registered native title body corporate, that is the subject of a determination of native title under the Native Title Act and is registered on the National Native Title Register established under the Native Title Act as holding native title rights and interests.
  • A “native title agreement” means an indigenous land use agreement registered on the Register of Indigenous Land Use Agreements under the Native Title Act that is made between a group of Aboriginal people and the State.
  • A “traditional owner group entity” has the meaning given that term by s 3 of the Traditional Owner Settlement Act 2010 (Vic) (Traditional Owner Group Entity).
  • Ifa registered native title holder or Traditional Owner Group Entity with a recognition and settlement agreement is already registered as a RAP for the area under application, the applicant cannot also be registered as a RAP for that area, unless the applicant is also a registered native title holder for the area.
  • If an applicant is not a Traditional Owner Group Entity, and the application is for an area in which there is a Traditional Owner Group Entity, the applicant may only apply for registration as a RAP with the written consent of the Traditional Owner Group Entity for the application area.

SECTION 3: Native Title Party
Istheapplicantanativetitlepartyforalloftheareaunderapplication? / Yes /  / No / 
Istheapplicanta nativetitleparty forpartoftheareaunderapplication? / Yes /  / No / 
If yes, the applicant must provide evidence as specified in Section 3 (Attachments- Checklist).
Note:
A “native title party” has the meaning given that term in s 6 of the AH Act.
SECTION 4: Body Representing Traditional Owners
Is the applicant a body representing the Traditional Owners of the application area? / Yes /  / No / 
If yes, the applicant must attach a statement as specified in Section 4 (Attachments - Checklist).
Do other Aboriginal groups recognise the applicant as representing the Traditional Owners of the area/s under application? / Yes /  / No / 
Ifyes,pleasedescribehow:
Describeanyworkingrelationshipsbetweentheapplicantand otherTraditionalOwnergroupsornativetitleholdersorclaimantsinthearea:
SECTION 5: Historical or Contemporary Links
Isthe applicant claiming historical or contemporary interests in the Aboriginal cultural heritage in the application area/s? / Yes /  / No / 
If yes, the applicant must attach a statement as specified in Section 5 (Attachments - Checklist).
SECTION 6: Expertise in Cultural Heritage Management and Organisational Sustainability
Does the applicant have demonstrated expertise in managing and protecting Aboriginal cultural heritage in the application area? / Yes /  / No / 
The applicant must attach a statement as specified in Section 6 (Attachments – Checklist).
Note: If the applicant is relying on historical or contemporary links, the applicant must also demonstrate expertise in cultural heritage management.
Has the applicant implemented measures to ensure organisational sustainability? / Yes /  / No / 
The applicant should attach evidence as specified in Section 6 (Attachment – Checklist).
SECTION 7: Grants of Land
Doestheapplicantholdanygrantoflandinfeesimplemade to itbytheStateortheCommonwealthunder aspecificpowerinaStateorCommonwealthActintheapplicationarea? / Yes /  / No / 
If yes, please provide title details
The applicant must also attach evidence as specified in Section 7 (Attachments -Checklist).
SECTION 8: Land and Natural Resource Management
Hastheapplicantenteredintoan agreementwiththeStateinrelationtolandandnaturalresourcemanagementintheapplicationarea? / Yes /  / No / 
If yes, please provide the title, date, subject matter of, and parties to, each such agreement
The applicant must also attach evidence as specified in Section 8 (Attachments - Checklist)
SECTION 9: Consultation and Other Information
9.1 Does the applicant have evidence of any consultation or agreement with other Traditional Owner Group Entities regarding the boundary of the area under application? / Yes /  / No / 
If yes, the applicant must attach evidence as specified in Attachment J1, Section 9 (Attachments – Checklist).
9.2 If the applicant is not a Traditional Owner Group Entity (even if it is a body representing Traditional Owners), and a Traditional Owner Group Entity exists for the application area, has the applicant obtained written consent of the Traditional Owner Group Entity stating that the applicant may apply to be registered as a RAP for the area? / Yes /  / No / 
If yes, the applicant must attach the written consent, as specified in Attachment J2, Section 9 (Attachments - Checklist).
9.3 Are there terms of any native title agreement the applicant wishes to make available to the Council? / Yes /  / No / 
If yes, the applicant must attach those terms, as specified in Attachment J3, Section 9 (Attachments - Checklist).
9.4How does the applicant intend to consider the interests of Aboriginal people for whom the area under application has cultural heritage significance, but who are not the Traditional Owners of the area?
9.5 Is there any additional information the applicant wishes to provide to support its application? / Yes /  / No / 
If yes, the applicant must include any attachments, as specified in Attachment J4, Section 9 (Attachments – Checklist).
SECTION 10: Repeat Application
PleaseprovidebelowdetailsofeachpreviousRAPapplication submitted by the applicant,including:
  • the date(s)ofpreviousRAPapplication/s;
  • confirmation of whether or not theareaunderthe currentapplicationisexactlythesameas theareaclaimedunderthepreviousRAPapplication/s
  • iftheareaunderthisapplicationisdifferenttotheareathatwasclaimedunderthepreviousapplication,adetaileddescriptionofhowtheareasaredifferent.

The applicant must also attach a statement as specified in Section 10 (Attachments - Checklist) .
Applicationsshouldbecompletedusingthisform.Thisformisavailableelectronicallyat:

Attachments–Checklist

/

Applicantsarerequiredtoprovidethefollowingdocumentsandinformationwiththeirapplications.ThisinformationwillassisttheVictorianAboriginalHeritageCounciltoassessapplicationsforregistration.Allinformationprovidedwillbetreatedsensitivelyandconfidentially.

SECTION 1: Applicant Information

All applicants must provide the following information

/

ATTACHMENTA–CertificateofIncorporation

Acopy oftheapplicant’sCertificateofIncorporation under the CATSI Act and itsconstituent documents (e.g. rule book, constitution, etc.), Afullandcurrentlistofmembers(withoutaddresses)mustalsobeattached.

/

ATTACHMENTB–Mapanddescriptionoftheapplicationarea

Descriptionoftheareainrespectofwhichtheapplicationismade,includingdetails,intheformofamaporawrittendescription,oftheboundariesofthatarea.

Details of support organisations

Ifitisproposedtousetheservicesofanotherorganisation (forexample,payroll)pleaseprovidethefollowingdetailsforthatorganisation.*

Name of support organisation:

Authorised Contact:

Postal Address:

Telephone number:

/

Fax number (if any):

Email address (if any):

/

Australian Business Number

(if applicable):

Is the organisation registered for GST?

/

Yes

/

/

No

/

SECTION 2: Native Title Holder and Traditional Owner Group Entity

 / NativeTitleHoldersmustprovidethefollowinginformation:
ATTACHMENT C1 –Copyofthenativetitledetermination relating to the applicant and the application area.
ATTACHMENT C2 – Copy of any native title agreement covering the application area.
 / Traditional Owner Group Entities must provide the following information:
ATTACHMENT C3–Copyofthe recognition and settlement agreement between the applicant and the State entered into undertheTraditionalOwnerSettlementAct2010 (Vic).
SECTION 3: Native Title Party
 / NativeTitlePartymustprovidethefollowinginformation:
ATTACHMENT D -Copyofnativetitleregistration
SECTION 4: Body Representing Traditional Owners
 / An applicant claiming to be a body representing Traditional Owners must provide the following:
ATTACHMENT E - A statement outlining the nature of, and evidence supporting the relationship or links of the applicant to the application area.
See Registered Aboriginal Parties: Guidelines for Applicants for further guidance on information and evidence required.
SECTION 5: Historical or Contemporary Links
 / An applicant that is a body representing Aboriginal people and which has an historical or contemporary interest in Aboriginal cultural heritage relating to the application area must provide the following:
ATTACHMENT F - A statement outlining the nature of, and evidence supporting, the applicant’shistorical or contemporary interest in Aboriginal cultural heritage relating to the application area.
See Registered Aboriginal Parties: Guidelines for Applicants for further guidance on information and evidence required.
SECTION 6: Expertise in Cultural Heritage Management and Organisational Sustainability

 / ATTACHMENT G1 -The applicant must provide a statement outlining the nature of and evidence supporting its demonstrated expertise in managing and protecting Aboriginal cultural heritage,
ATTACHMENT G2 -The applicant should also provide a statement of and evidence supporting its organisational sustainability and capacity to fulfill its RAP responsibilities.
See “Registered Aboriginal Parties: Guidelines for Applicants” for further guidance on information and evidence required.
SECTION 7: Grants of Land
 / An applicant granted land in fee simple by the State or Commonwealth in the application area must provide the following:
ATTACHMENT H -Evidence (such as a certificate of title) ofany such grant of land.
SECTION 8: Land and Natural Resource Management
 / An applicant that has entered into an agreement with the State in relation to land and natural resource management in the application area must provide the following:
ATTACHMENT I - Evidence of anyagreemententeredintowiththeStateinrelationtolandandnaturalresourcemanagementintheapplicationarea.
SECTION 9: Consultation and Other Information



 / All applicants must provide the following:
ATTACHMENT J1 - Evidence of any consultation or agreement with other Traditional Owner Group Entities regarding the boundary of the area under application.
ATTACHMENT J2 - If the applicant is not a Traditional Owner Group Entity (even if it is a body representing Traditional Owners), and a Traditional Owner Group Entity exists for the application area, written consent of the Traditional Owner Group Entitystating that the applicant may apply to be registered as a RAP for the area.
ATTACHMENT J3 - Any terms of any native title agreement the applicant wishes to make available to the Council.
ATTACHMENT J4 -Any other information it believes will assist the Aboriginal Heritage Council in making its decision.
SECTION 10: Repeat RAP application
 / ATTACHMENT K -Applicants must attach a statement outlining (in detail) how the application addresses the reasons Council declined each previousRAPapplication/s, including all new and additional information that was not provided in earlier applications.
Aprintedcopyof theapplication,includingattachments,shouldbepostedto:
Victorian Aboriginal Heritage Council
GPO Box 4912
MELBOURNE VIC 3001

Page 1 of 8