What is a Cultural Heritage Agreement?
A Cultural Heritage Agreement is a voluntary agreement between two or more parties relating to the management or protection of Aboriginal cultural heritage. One of the parties must be a relevant Registered Aboriginal Party (RAP).
Can the Agreement ‘run with’ the land?
A Cultural Heritage Agreement may be registered on the land title, if the landowner wishes to do so.
Do I need a Cultural Heritage Permit or a Cultural Heritage Management Plan for my activity if I make an Agreement?
A Cultural Heritage Agreement cannot substitute for a Cultural Heritage Permit or a Cultural Heritage Management Plan (CHMP). A Cultural Heritage Agreement cannot allow harm to Aboriginal cultural heritage, rather it can formalise the ongoing management of that heritage.
However, a Cultural Heritage Agreement might eventuate as a result of the preparation of a CHMP or Cultural Heritage Permit.
Example Cultural Heritage Agreement scenario
A landowner wishes to protect an Aboriginal stone arrangement on her property. She wants to ensure that the place remains protected into the future. She contacts the relevant RAP to discuss options, and the RAP suggests making a Cultural Heritage Agreement. The Agreement allows the RAP to have access to the place four times a year to conduct maintenance such as weeding, and to observe ceremony. The landowner has to ensure that her stock does not damage the place. Under the Agreement the landowner is to erect a fence around the place.
The Agreement is entered on the land title, and the Secretary, Department of Premier and Cabinet is advised of this when the Agreement is lodged. The Secretary then submits the Cultural Heritage Agreement to the Registrar of Land Titles, and the Agreement is attached to the land. Any covenants relating to the Aboriginal stone arrangement will then remain in place, even if the land is sold.
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