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Environmental Defenders Office

Aboriginal cultural heritage laws in Victoria

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This factsheet explains Aboriginal cultural heritage laws in Victoria and provides information on what options you have if cultural heritage is under threat.

Summary

Key takeaways

In Victoria, Aboriginal cultural heritage, which includes Aboriginal places and objects, is protected under the Aboriginal Heritage Act 2006 (Vic). The Act also protects Aboriginal intangible heritage.

It is an offence under the Act to:

  • knowingly, recklessly or negligently harm Aboriginal cultural heritage
  • carry out works that disturb or excavate any land for the purpose of finding Aboriginal cultural heritage without approval
  • carry out scientific research on Aboriginal cultural heritage without approval
  • possess, sell or remove an Aboriginal object from Victoria without approval
  • fail to report the discovery of Aboriginal cultural heritage.

 

Key actions
  1. Contact your Registered Aboriginal Party (RAP)
  2. Propose an Aboriginal place or object for declaration
  3. Nominate cultural heritage for State Heritage Listing
  4. Have your say on Cultural Heritage Permit applications
  5. Report concerns to First Peoples – State Relations
  6. As a last resort, apply to the Federal Government for a Declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth).

This resource appears in:

Corporate and government conduct Factsheet Make a submission / be involved in the decision making process Protect Country and culture Report the issue to the regulator Seek a review of a Government decision VIC

More on this topic

Queensland Handbooks
Caring for Country: A Guide to Environmental Law for Aboriginal Communities in NSW
Review of the Aboriginal Heritage Act 1975
Draft Aboriginal Cultural Heritage Bill 2018
Cultural Heritage Act Qld – review

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Authorised by Joanna Shulman, Environmental Defenders Office Ltd, Suite 8.02 Level 8, 6 O’Connell St, Sydney NSW 2000 • ABN: 72 002 880 864

Postal Address:
PO Box R1105 Royal Exchange NSW 1225


EDO recognises the traditional owners and custodians of the land, seas and rivers of Australia. We pay our respects to Aboriginal and Torres Strait Islander elders past and present, and aspire to learn from traditional knowledge and customs so that, together, we can protect our environment and cultural heritage through law.