Some Aboriginal cultural heritage places are of particular significance to Aboriginal people and the broader Victorian community, and require special protection. The Minister for Treaty and First Peoples is able to declare such places ‘protected areas’, to be protected and preserved for future generations.
The Aboriginal Heritage Act 2006 allows the Minister for Treaty and First Peoples to make declarations, which preserve important Aboriginal cultural heritage places as ‘protected areas’.
There are two types of declarations — Interim and Ongoing Protection Declarations.
Interim Protection Declarations
The Minister for Treaty and First Peoples can place an Interim Protection Declaration over an area to protect it while an assessment is undertaken, to see if it needs permanent protection.
The Victorian Aboriginal Heritage Council (VAHC) or any RAP is able to ask the Minister for Treaty and First Peoples to make an Interim Protection Declaration.
An Interim Protection Declaration:
- Operates for 3 months (and can be extended only once, by a further 3 months).
- Prevents specified activities within that area while the declaration is in force.
- Applies maximum penalties for contravention of 1,800 penalty units for an individual; or 10,000 penalty units for a corporation.
After the assessment is complete, the Minister for Treaty and First Peoples may then decide whether the area warrants an Ongoing Protection Declaration.
Ongoing Protection Declarations
The Minister for Treaty and First Peoples may make an Ongoing Protection Declaration for an Aboriginal cultural heritage place or object of significance to Aboriginal people.
The VAHC or any RAP may ask the Minister for Treaty and First Peoples to make an Ongoing Protection Declaration.
An Ongoing Protection Declaration is a permanent declaration that:
- Protects the area from activities likely to harm its Aboriginal cultural heritage values.
- Provides for any necessary maintenance or management activities.
- Applies maximum penalties for contravention.
Ongoing Protection Declaration for Ghow Swamp Aboriginal Place
The Minister for Treaty and First Peoples has used her powers under section 103 of the Aboriginal Heritage Act 2006 to make an Ongoing Protection Declaration for Ghow Swamp Aboriginal Place.
Ongoing Protection Declaration for Moyjil-Point Ritchie Aboriginal Place
An Ongoing Protection Declaration under section 103 of the Aboriginal Heritage Act 2006 came into effect at Moyjil/Point Ritchie on 2 August 2013. The Declaration specifies the measures to be taken to protect Aboriginal heritage.
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