When can an amendment be undertaken?
An amendment to an approved CHMP can be undertaken in a variety of scenarios. It may be the CHMP no longer reflects the proposed activity, the activity area has changed, or in consideration of new information, the approved management conditions are no longer appropriate.
An amendment provides Sponsors a mechanism to adjust a CHMP following its approval and is best suited to small changes. Sponsors should consider preparing a new CHMP for scenarios that require more substantial changes, particularly where further archaeological field assessment, or major changes to the activity size or impact are necessary. Complex or multiple amendments may make the CHMP difficult to interpret, and thereby introduce compliance risks for the sponsor.
Is there a time limit for amending an approved CHMP?
Yes, there is a five-year time limit within which a CHMP can be amended. The approval of the amendment must be within five years of the original approval date (refer to the signature date on the original approval notice).
Who prepares an amendment?
The Sponsor of the CHMP must engage a Heritage Advisor to assist in preparing the amendment. Further information on Heritage Advisors.
How do I make an amendment to an approved Cultural Heritage Management Plan?
A Heritage Advisor must assist in preparing an amendment to a CHMP.
The Sponsor must first give written notice of their intention to prepare an amendment (see below under 'Resources' section). Once complete, this form must be sent to vahr@dpc.vic.gov.au
A fee (10 fee units) is required to lodge the notice and must be paid via ACHRIS. For further information on the current unit price.
The notification must be issued to any relevant Registered Aboriginal Party (RAP). The RAP has 14 days to respond as to whether they intend to evaluate the amended CHMP.
Note: where there is no appointed RAP, the Secretary of the Department of Premier and Cabinet (DPC) is the evaluator.
Just like an original CHMP, an amended CHMP must be prepared in the Approved form and accompanied by the 'Application for approval of an amendment to a CHMP' form (these can be found below under 'Resources' section).
Proposed amendments should be clearly presented in the CHMP with any redactions or additions plainly visible. For example:
If a figure or map is updated, retain the original and mark it as ‘superseded’. Alternatively, and if appropriate, update the original figure or map with the legend indicating the changed area. Use a method which most clearly records the changes made whilst keeping the CHMP easy to read.
How is an amendment evaluated?
The evaluation of an amendment occurs in the same way as the evaluation of a CHMP and is subject to the sections set out in Division 5 of Part 4 of the Act
When does an approved amended CHMP take effect?
Amendments take effect when they are approved by DPC or when amendments approved by the RAP are lodged with the DPC. The amended CHMP must include all notices of approval inside the front cover.
An approved CHMP remains valid until it is superseded by the approval of the amendment.
Can a decision to reject an amendment be appealed?
Yes. As with the evaluation of CHMPs, processes exist to resolve disputes about the evaluation of a CHMP amendment. Further information on dispute resolution can be found on the FPSR. Further information on dispute resolution.
Resources
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