Excavations commenced in an activity area are not required in respect of an area to which the standard assessment applied if the activity will not harm Aboriginal cultural heritage in that area, consistent with regulation 64(2). Instead, such excavations should be halted at the limit of the physical impact of the activity, and the extent, nature and significance of the Aboriginal place should be interpreted using the best available and non-invasive expertise and knowledge.
There will be times when ceasing excavation at the above limits is either not practical or not consistent with proper archaeological practice. For example, if a significant Aboriginal cultural heritage feature extends from within an impact footprint to outside that impact footprint, excavation of that feature should continue (but not beyond the boundary of the activity area) until the information gathered is sufficient to support fully informed cultural heritage management decisions. Excavation in these cases should continue at the discretion of the HA.
- Excavations commenced within an activity area may not lawfully be able to continue beyond that activity area. Instead, such excavations should be halted at the activity area boundary, and the extent, nature and significance of the Aboriginal place should be interpreted using the best available and non-invasive expertise and knowledge. While excavations may cease at the boundary of the activity area, the determination and registration of the Aboriginal place extent can extend beyond the activity area.
- The text at Step 6, regarding determining place extents also applies here. Absolute place extents may not be able to be determined. Predicted place extents shall be submitted to the VAHR as if the place extent has been physically confirmed.
- The VAHR will consider predicted place extents to be confirmed place extents for the purposes of registration. The VAHR will require justifications for predicted place extents. The VAHR will consider ‘very likely’ predicted place extents to be confirmed place extents for the purposes of registration. Please refer to the Standards for Recording Victorian Aboriginal Heritage Places and Objects for clarification. The VAHR will require justifications for predicted place extents, and this will be based on the Standards. However, the balance of any doubt shall be in favour of the HA, noting Principle 5.
- Any relevant assessment of Aboriginal intangible values in relation to a place may be conducted at this step in accordance with any IDA.
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