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As well as the key decision makers described on previous pages, here are a number of other parties in the cultural heritage system.
Other parties
Other parties in the Aboriginal cultural heritage system
Legisaltive responsibilities and powers.
The Minister has significant legislative responsibilities and powers. However, as Traditional Owners are the primary decision makers about their cultural heritage, the Minister has limited decision-making roles.
Responsibilities and powers include:
- acquiring private land to protect significant Aboriginal cultural heritage
- declaring areas in Victoria temporarily or permanently protected through protection declarations
- appointing members of the Victorian Aboriginal Heritage Council
- appointing Authorised Officers and Aboriginal Heritage Officers to enforce the Act
- mandating and auditing cultural heritage management plans.
Person or corporation who is undertaking a cultural heritage management plan.
A sponsor is a person or corporation who is undertaking a cultural heritage management plan.
Sponsors seek permission to carry out an activity or development that has the potential to harm Aboriginal cultural heritage.
Typical sponsors are residential and infrastructure developers, and mining and quarrying companies. This can include the state government.
Sponsors have significant responsibilities under the Act. Their main responsibilities are to prepare a cultural heritage management plan when required and abide by cultural heritage management plan conditions.
Employed by a sponsor to assist in preparing a cultural heritage management plan.
A heritage advisor must be employed by a sponsor to assist in preparing a cultural heritage management plan.
A heritage advisor is an expert in assessing a place for:
- Aboriginal cultural heritage values
- the potential impact of a proposed development on those values
- how to avoid, minimise or mitigate harm to those values.
Heritage advisors are typically people with archaeological, anthropological, historical or other expertise. Find a heritage advisor.
Plan land use and development.
Local government plays a key role in planning land use and development across Victoria. As part of this role, it must ensure Aboriginal cultural heritage is considered during planning. When an activity needs a cultural heritage management plan, local government must not issue a planning permit until the plan is approved.
Responsibilities as a land use planner include:
- accessing the Victorian Aboriginal Heritage Register to help plan land use
- working with Registered Aboriginal Parties to help make land use and planning decisions
- helping sponsors decide if they need a cultural heritage management plan for their activity
- ensuring planning permits align with approved cultural heritage management plans.
Local government is also responsible for managing and protecting Aboriginal cultural heritage on the public land it manages.
Responsibilities as a public land manager include:
- working with Registered Aboriginal Parties on land management issues
- making Aboriginal cultural heritage land management agreements with Registered Aboriginal Parties for managing public land
- applying for cultural heritage permits if activities may harm Aboriginal cultural heritage
- preparing cultural heritage management plans when they are a sponsor for an activity.
An independent body that can review decisions.
VCAT is an independent body. It plays an important role, with powers to review certain decisions.
Under the Act, a sponsor can request VCAT to review a Registered Aboriginal Party or Secretary’s decision to refuse to approve a cultural heritage management plan. VCAT can uphold, reverse or amend the decision.
The independence of VCAT ensures appeals and reviews are fair and transparent.
Read about VCAT.
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