Aboriginal Heritage Amendment Regulations 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 1 3 Principal Regulations 2 4 Objectives—Principal Regulations 2 5 Definitions 2 6 Revocation of Part 1A—Exempt activities or operations 2 7 New regulations 8A and 8B inserted 3 8 Buildings and works for specified uses 3 9 Constructing specified items of infrastructure 3 10 Extraction or removal of stone 3 11 Extraction or removal of sand or sandstone 4 12 Searching for stone 4 13 Reason for preparation of a cultural heritage management plan 4 14 New regulation 64A inserted 4 15 New Parts 4A and 4B inserted 5 16 Definitions 8 17 Fees payable under section 36(2) of the Act 9 18 Substitution of regulation 70 and new regulation 70A inserted 11 19 Fee payable under section 62(3) of the Act—only one relevant registered Aboriginal party 11 20 Fee payable under section 62(3) of the Act—2 relevant registered Aboriginal parties 12 21 Fee payable under section 62(3) of the Act—3 or more relevant registered Aboriginal parties 13 22 New regulations 73A, 73B and 73C inserted 13 23 Fee payable under section 147(2) of the Act 15 24 Revocation of Part 6—Transitional 15 25 Cultural heritage advisor 15 26 Aboriginal cultural heritage 15 27 New Schedules 3 to 9 inserted 16 ═══════════════ Endnotes 28 -- 1 of 29 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2016 S.R. No. 94/2016 Aboriginal Heritage Act 2006 Aboriginal Heritage Amendment Regulations 2016 The Governor in Council makes the following Regulations: Dated: 2 August 2016 Responsible Minister: NATALIE HUTCHINS Minister for Aboriginal Affairs ANDREW ROBINSON Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Aboriginal Heritage Regulations 2007— (a) to make consequential and other related amendments following the commencement of the Aboriginal Heritage Amendment Act 2016; and (b) to prescribe fees and forms for various matters; and (c) to exempt 3 or more dwellings on a small lot and small subdivisions from the requirement to prepare a cultural heritage management plan. 2 Authorising provisions These Regulations are made under sections 47 and 194 of the Aboriginal Heritage Act 2006. -- 2 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 2 3 Principal Regulations In these Regulations, the Aboriginal Heritage Regulations 20071 are called the Principal Regulations. 4 Objectives—Principal Regulations (1) After regulation 1(b) of the Principal Regulations insert— "(ba) prescribe the form for the preparation of preliminary Aboriginal heritage tests including the carrying out of assessments;". (2) In regulation 1(d) of the Principal Regulations, after "evaluating" insert ", approving and amending". (3) After regulation 1(f) of the Principal Regulations insert— "(fa) prescribe fees for an application for certification of a preliminary Aboriginal heritage test; (fb) prescribe fees for giving notice of intention to prepare a cultural heritage management plan; (fc) prescribe fees for access to the Victorian Aboriginal Heritage Register;". 5 Definitions In regulation 4 of the Principal Regulations, in the definition of rail infrastructure, for "Rail Corporations Act 1996" substitute "Rail Safety (Local Operations) Act 2006". 6 Revocation of Part 1A—Exempt activities or operations Part 1A of the Principal Regulations is revoked. -- 3 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 3 7 New regulations 8A and 8B inserted After regulation 8 of the Principal Regulations insert— "8A Three or more dwellings on a small lot The construction of 3 or more dwellings on a lot or allotment is an exempt activity if the lot or allotment is— (a) not within 200 metres of the coastal waters of Victoria or the Murray River; and (b) less than 0·11 hectares. 8B Small subdivisions The subdivision of land is an exempt activity if— (a) all of the land is not within 200 metres of the coastal waters of Victoria or the Murray River; and (b) the total area of land to be subdivided is less than 0·11 hectares.". 8 Buildings and works for specified uses In regulation 43(3) of the Principal Regulations, for "a purpose" substitute "a purpose listed under subregulation (1)(b)". 9 Constructing specified items of infrastructure In regulation 44(1)(e) of the Principal Regulations, for "road" substitute "roadway". 10 Extraction or removal of stone In regulation 48A(1)(a)(ii) of the Principal Regulations, for "road" substitute "roadway". -- 4 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 4 11 Extraction or removal of sand or sandstone In regulation 49(2)(b) of the Principal Regulations, for "road" substitute "roadway". 12 Searching for stone (1) For the heading to regulation 50 of the Principal Regulations substitute "Stone exploration". (2) In regulation 50(1) of the Principal Regulations, for "A search for stone" substitute "Stone exploration". (3) In regulation 50(2) of the Principal Regulations, for "search for stone" substitute "stone exploration". 13 Reason for preparation of a cultural heritage management plan (1) In regulation 63(1)(d) of the Principal Regulations, for "the Act." substitute "the Act; or". (2) After regulation 63(1)(d) of the Principal Regulations insert— "(e) required under section 49A of the Act; or (f) required under a certified preliminary Aboriginal heritage test.". 14 New regulation 64A inserted After regulation 64 of the Principal Regulations insert— "64A Amendments to approved cultural heritage management plans For the purposes of section 66A(4) of the Act, an application to amend an approved cultural heritage management plan is in the -- 5 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 5 prescribed form if it contains the information set out in Schedule 3. Note The amended plan must comply with section 53 of the Act.". 15 New Parts 4A and 4B inserted After Part 4 of the Principal Regulations insert— "Part 4A—Standards for the preparation of an Aboriginal cultural heritage land management agreement Division 1—Assessments 67A Purpose The purpose of this Division is to prescribe standards for conducting an assessment for the preparation of, and conditions to be included in, an Aboriginal cultural heritage land management agreement. 67B Types of assessment (1) An assessment must consist of a desktop assessment. (2) An assessment may also consist of— (a) a standard assessment; or (b) a complex assessment; or (c) a standard assessment and a complex assessment. -- 6 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 6 (3) For the purposes of section 74B of the Act, a desktop assessment of an agreement area must include research into information relating to Aboriginal cultural heritage in or associated with the agreement area, including the following— (a) a search of the Register for information relating to the agreement area; (b) an identification and determination of the geographic region of which the agreement area forms a part that is relevant to the Aboriginal cultural heritage that may be present in the agreement area; (c) a review of reports and published works about Aboriginal cultural heritage in the geographic region referred to in paragraph (b); (d) a review of historical and ethno-historical accounts of Aboriginal occupation of the geographic region referred to in paragraph (b); (e) a review of the landforms or geomorphology of the agreement area; (f) a review of the history of the use of the agreement area. (4) A desktop, standard or complex assessment may include the collection and review of oral history relating to the agreement area. -- 7 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 7 (5) A standard assessment of an agreement area under this regulation is the same as a standard assessment of an activity area under regulation 59. (6) A complex assessment of an agreement area under this regulation is the same as a complex assessment of an activity area under regulation 61. 67C Content of an Aboriginal cultural heritage land management agreement For the purposes of section 74B of the Act, an Aboriginal cultural heritage land management agreement must— (a) unless otherwise approved by the Secretary, be in the approved form; and (b) include the information set out in Schedule 4. Part 4B—Prescribed forms 67D Reporting and transfer of Aboriginal ancestral remains in custody of public entities and universities For the purposes of section 14(1)(b) of the Act, a report to the Council is in the prescribed form if the report includes the information set out in Schedule 5. 67E Application for certification of preliminary Aboriginal heritage test For the purposes of section 49B(3) of the Act, an application is in the prescribed form if the application includes the information set out in Schedule 6. -- 8 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 8 67F Registration of Aboriginal intangible heritage For the purposes of section 79C(2) of the Act, an application for registration of Aboriginal intangible heritage is in the prescribed form if it includes the information set out in Schedule 7. 67G Form of Aboriginal intangible heritage agreement For the purposes of section 79E of the Act, an Aboriginal intangible heritage agreement is in the prescribed form if it includes the information set out in Schedule 8. 67H Application for registration For the purposes of section 150(1) of the Act, an application for registration as a registered Aboriginal party is in the prescribed form and includes the prescribed information if the application includes the information set out in Schedule 9.". 16 Definitions In regulation 68 of the Principal Regulations insert the following definition— "relevant authority, in relation to an application for approval of a cultural heritage management plan, means— (a) a relevant registered Aboriginal party to which an application is required to be made under section 62 of the Act; or (b) if there is no relevant registered Aboriginal party—the Secretary; or -- 9 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 9 (c) if the applicant is a relevant registered Aboriginal party or the Secretary— the Council;". 17 Fees payable under section 36(2) of the Act (1) For regulation 69(1)(b) of the Principal Regulations substitute— "(b) if the permit is to authorise the applicant to carry out research on an Aboriginal place (including the removal of an Aboriginal object from that place for the purposes of that research) or Aboriginal object (including the removal of an Aboriginal object from Victoria for the purposes of that research) (see section 36(1)(b) of the Act), a fee of 8 fee units;". (2) In regulation 69(1)(d) of the Principal Regulations omit "buy or". (3) For regulation 69(1)(e) of the Principal Regulations substitute— "(e) if the permit is to authorise the applicant to remove an Aboriginal object from Victoria other than for the purposes of research referred to in paragraph (b) (see section 36(1)(e) of the Act), a fee of 13 fee units.". (4) After regulation 69(2) of the Principal Regulations insert— "(2A) The fee prescribed for a permit to rehabilitate land at an Aboriginal place, including land containing burial grounds for Aboriginal ancestral remains (see section 36(1)(f) of the Act) is nil. -- 10 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 10 (2B) The fee prescribed for a permit to inter Aboriginal ancestral remains at an Aboriginal place (see section 36(1)(g) of the Act) is nil.". (5) For regulation 69(3) of the Principal Regulations substitute— "(3) Despite subregulations (1) and (2), no fee is payable for an application for a permit in one of the following classes— (a) Class 1, an application under section 36(1)(c) of the Act for a permit to carry out heritage protection works; (b) Class 2, an application under section 36(1)(b) of the Act, by a student enrolled in an undergraduate course at a university; (c) Class 3, an application under section 36(1)(a), (b), (c) or (d) of the Act that is the same or substantially similar to an application that was withdrawn no more than 6 months before the application is made; (d) Class 4, an application that is the same or substantially similar to an application that was refused under section 40(3E) of the Act.". (6) The example at the foot of regulation 69 of the Principal Regulations is revoked. -- 11 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 11 18 Substitution of regulation 70 and new regulation 70A inserted For regulation 70 of the Principal Regulations substitute— "70 Fees payable under section 49B(3) of the Act For the purposes of section 49B(3) of the Act, the following fees are prescribed for an application for certification of a preliminary Aboriginal heritage test— (a) for a test that relates to a small activity, 40 fee units; (b) for a test that relates to a medium-size activity, 80 fee units; (c) for a test that relates to a large activity, 120 fee units. 70A Fee payable under section 54(3)(e) of the Act—notice of intention to prepare cultural heritage management plan For the purposes of section 54(3)(e) of the Act, the prescribed fee is 8 fee units.". 19 Fee payable under section 62(3) of the Act—only one relevant registered Aboriginal party (1) For the heading to regulation 71 of the Principal Regulations substitute— "Fees payable under sections 62(3) and 65(1A) of the Act—only one relevant authority". (2) For regulation 71(1) of the Principal Regulations substitute— "(1) This regulation applies if there is only one relevant authority.". -- 12 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 12 (3) In regulation 71(2), (3) and (4) of the Principal Regulations, for "section 62(3)" substitute "sections 62(3) and 65(1A)". (4) After regulation 71(4) of the Principal Regulations insert— "(5) Despite subregulations (1) to (4), no fee is payable for an application for approval of a plan that is the same or substantially similar to an application that was withdrawn no more than 6 months before the application is made.". 20 Fee payable under section 62(3) of the Act—2 relevant registered Aboriginal parties (1) For the heading to regulation 72 of the Principal Regulations substitute— "Fees payable under sections 62(3) and 65(1A) of the Act—two relevant authorities". (2) For regulation 72(1) of the Principal Regulations substitute— "(1) This regulation applies if there are 2 relevant authorities.". (3) In regulation 72(2), (3) and (4) of the Principal Regulations, for "section 62(3)" substitute "sections 62(3) and 65(1A)". (4) After regulation 72(4) of the Principal Regulations insert— "(5) Despite subregulations (1) to (4), no fee is payable for an application for approval of a plan that is the same or substantially similar to an application that was withdrawn no more than 6 months before the application is made.". -- 13 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 13 21 Fee payable under section 62(3) of the Act—3 or more relevant registered Aboriginal parties (1) For the heading to regulation 73 of the Principal Regulations substitute— "Fees payable under sections 62(3) and 65(1A) of the Act—three or more relevant authorities". (2) For regulation 73(1) of the Principal Regulations substitute— "(1) This regulation applies if there are 3 or more relevant authorities.". (3) In regulation 73(2), (3) and (4) of the Principal Regulations, for "section 62(3)" substitute "sections 62(3) and 65(1A)". (4) After regulation 73(4) of the Principal Regulations insert— "(5) Despite subregulations (1) to (4), no fee is payable for an application for approval of a plan that is the same or substantially similar to an application that was withdrawn no more than 6 months before the application is made.". 22 New regulations 73A, 73B and 73C inserted After regulation 73 of the Principal Regulations insert— "73A No fee payable if section 65(1)(b)(iv) of the Act applies to application Despite regulations 71 to 73, for the purposes of section 65(1A) of the Act, no fee is payable for an application for approval of a cultural heritage management plan if— -- 14 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 14 (a) subsection (1)(b)(iv) of that section applies to the application; and (b) the application is the same or substantially similar to an application for approval under section 62 of the Act. 73B Fee payable under section 66A(4) of the Act—applications for approval of amendment to approved cultural heritage management plan For the purposes of section 66A(4) of the Act, the prescribed fee is 32 fee units. 73C Fees payable under section 146(3) of the Act (1) For the purposes of section 146(3) of the Act, the following fees are prescribed for an application to the Secretary for access to the Register— (a) for an application for access under section 146(1)(c), a fee of 16 fee units; (b) for an application for access under section 146(1)(g) by a heritage advisor appointed by a proposed developer, purchaser or user of land or by a person specified under section 146(1)(d), a fee of 16 fee units. (2) For all other applications for access to the Register under section 146 of the Act the fee is nil.". -- 15 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 15 23 Fee payable under section 147(2) of the Act In regulation 74 of the Principal Regulations, for "3 fee units" substitute "6 fee units". 24 Revocation of Part 6—Transitional Part 6 of the Principal Regulations is revoked. 25 Cultural heritage advisor (1) In the heading to clause 3 of Schedule 2 to the Principal Regulations, for "Cultural heritage" substitute "Heritage". (2) In clause 3(1) of Schedule 2 to the Principal Regulations, for "cultural heritage advisor" substitute "heritage advisor". (3) In clause 3(2) of Schedule 2 to the Principal Regulations, for "cultural heritage advisor" substitute "heritage advisor". (4) At the foot of clause 3 of Schedule 2 to the Principal Regulations insert— "Note Heritage advisor is defined in section 4(1) of the Act.". 26 Aboriginal cultural heritage In clause 11(1) of Schedule 2 to the Principal Regulations, for "including the registration number of that Aboriginal cultural heritage on the Register" substitute "consistent with the registration of that Aboriginal cultural heritage and including the registration number". -- 16 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 16 27 New Schedules 3 to 9 inserted After Schedule 2 to the Principal Regulations insert— "Schedule 3—Applications to amend approved cultural heritage management plans Regulation 64A 1 Cultural heritage management plan to be amended The title and registration number of the approved cultural heritage management plan to be amended. 2 Sponsor The name of the sponsor. 3 Heritage advisor (1) The name of the heritage advisor engaged by the sponsor. (2) A brief description of the qualifications and experience of that heritage advisor. 4 Registered Aboriginal parties (1) The name of each relevant registered Aboriginal party for the activity area. (2) Whether a registered Aboriginal party has elected to evaluate the amendment. (3) If a registered Aboriginal party has elected to evaluate the amendment, the names of the representatives appointed by that party and the functions carried out by those representatives. -- 17 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 17 5 Notices relating to amendment (1) A copy of the notices given under section 54 of the Act. (2) A copy of any notices given under section 55 of the Act. 6 Details of proposed amendment A detailed description of the proposed amendment to the approved cultural heritage management plan. 7 Matters considered in preparation of amendment A statement of how the matters referred to in section 61 of the Act were considered in preparing the application to amend the approved cultural heritage management plan. Schedule 4—Aboriginal cultural heritage land management agreements Regulation 67C(b) 1 Parties to agreement The name of the public land manager and registered Aboriginal party who are parties to the agreement. 2 Agreement area A description of the agreement area and the boundaries of that area, including a map, location of the agreement area in a regional context, and a list of prominent structures, natural features and infrastructure within the agreement area. 3 Land management activities A list of land management activities which are permissible under the agreement, including for each activity— -- 18 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 18 (a) a description of the activity; and (b) a description of permissible ancillary works associated with the activity; and (c) a description of the likely impact on the land of the activity and any associated ancillary works. 4 Details of assessment (1) The method by which the Aboriginal cultural heritage present in the agreement area was assessed. (2) The names of the persons involved in the assessment. (3) A summary of any information provided by a representative of a relevant registered Aboriginal party or other person about the Aboriginal cultural heritage in the agreement area. (4) An accurate transcript of any oral information provided by a representative of a relevant registered Aboriginal party, or other person, about the Aboriginal cultural heritage in the agreement area, if the person who provided the information consents. (5) Details of any obstacles encountered in completing the assessment. 5 Details of subsurface testing and excavation If the cultural heritage assessment included subsurface testing or excavation— (a) the method used for subsurface testing or excavation; and (b) the location of subsurface testing or excavation pits or transects, including transect start and end points; and -- 19 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 19 (c) the names of persons taking part in the subsurface testing or excavation; and (d) the name of the person responsible for supervising the subsurface testing or excavation; and (e) any physical or other obstacles to the carrying out of the subsurface testing or excavation; and (f) the results of the subsurface testing or excavation including the results of radiometric dating. 6 Aboriginal cultural heritage (1) A detailed description of any Aboriginal cultural heritage found in the agreement area consistent with the registration of that Aboriginal cultural heritage and including the registration number. (2) A statement of the cultural heritage significance of that Aboriginal cultural heritage. (3) A concise map or maps of the agreement area which show the location of that Aboriginal cultural heritage. 7 Payments Details of any payments required to be made by the public land manager to a registered Aboriginal party. 8 Cultural heritage management actions Details of any cultural heritage management actions required to be undertaken by the public land manager or any other person. 9 Consultation Details of any consultation that must be undertaken by the public land manager or some other person with a registered Aboriginal party. -- 20 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 20 10 Other matters Details of any other matters agreed between the parties to the agreement. Schedule 5—Report on Aboriginal ancestral remains Regulation 67D 1 Name of public entity or university The name of the public entity or university making the report. 2 Table of Aboriginal ancestral remains in possession of public entity or university A table of Aboriginal ancestral remains in the possession of the public entity or university, including— (a) a description of the remains; and (b) the origin of the remains (if known); and (c) the current location of the remains; and (d) the minimum number of individuals; and (e) any relevant accession number or catalogue entry; and (f) any associated Aboriginal objects. 3 Details of Aboriginal ancestral remains (1) The dimensions, materials, and, if appropriate, photographic documentation, and the antiquity of Aboriginal ancestral remains or associated Aboriginal objects, if known. -- 21 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 21 (2) Information relating to the acquisition of the remains, including— (a) the name of the person or organisation from which the remains were obtained (if known); and (b) the date of acquisition of the remains (if known); and (c) the means of acquisition of the remains (e.g. gift, excavation, purchase). (3) Any consultation undertaken with traditional owners in compiling the report. (4) A summary of the evidence, including the results of consultation, used to determine the origin of the remains and associated Aboriginal objects. Schedule 6—Application for certification of preliminary Aboriginal heritage test Regulation 67E 1 Name of applicant The name of the person proposing the activity. 2 Who prepared the test The names of the persons involved in the preparation of the test, including the ground inspection (if any). 3 Proposed activity area (1) A detailed description of the proposed activity area, including a map indicating the location of the proposed activity area. (2) A statement detailing the previous land use of the proposed activity area. -- 22 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 22 4 Background assessment A background assessment of the proposed activity area, including— (a) the results of the Register search, including a list of reports and cultural heritage management plans relevant to the proposed activity area; and (b) the details of the geographic region, landforms and geomorphology of which the proposed activity area forms a part; and (c) if a survey for Aboriginal cultural heritage is undertaken for the test, the results of that survey, and any details required under section 34A of the Aboriginal Heritage Act 2006. 5 Ground inspection A statement of the method and conduct of the ground inspection of the proposed activity area (if any). 6 Aboriginal cultural heritage A detailed description of any Aboriginal cultural heritage in the activity area consistent with the registration of that Aboriginal cultural heritage and including the registration number. 7 Consultation (1) Details of any consultation undertaken with a relevant registered Aboriginal party or traditional owner. (2) A summary of any information provided by a relevant registered Aboriginal party or other person about the Aboriginal cultural heritage in the proposed activity area. -- 23 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 23 (3) Any oral information provided by a relevant registered Aboriginal party or other person about the Aboriginal cultural heritage in the proposed activity area, if the person who provided the information consents. 8 Conclusions (1) A statement of whether a cultural heritage management plan is required in relation to the proposed activity. (2) A statement of whether there has been significant ground disturbance in the proposed activity area and, if so, the nature and extent of that disturbance. (3) Details of any other action recommended to protect or preserve any Aboriginal cultural heritage in the proposed activity area. (4) The details of any obstacles encountered in preparing the test. Schedule 7—Application for registration of Aboriginal intangible heritage Regulation 67F 1 Name of applicant The name of the registered Aboriginal party, registered native title holder or traditional owner group entity. 2 Aboriginal intangible heritage Details of the knowledge of, or expression of, Aboriginal tradition proposed to be registered as Aboriginal intangible heritage, including— (a) the category of Aboriginal intangible heritage applicable to the application; and -- 24 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 24 (b) details of any additional evidence supporting the application, including the contact details of corroborative informants, associated Aboriginal cultural heritage and documentary evidence (if any). 3 Consultation Details of any consultation undertaken by the applicant with any relevant traditional owners. Schedule 8—Aboriginal intangible heritage agreement Regulation 67G 1 Details of agreement The details of the agreement, including— (a) the registration number of the Aboriginal intangible heritage, if applicable; and (b) the period for which the agreement applies; and (c) a detailed description of the uses and activities permitted by the agreement; and (d) details of remuneration, compensation or commercial arrangements to be enforced by the agreement; and (e) dispute resolution procedures; and (f) review and variation clauses. -- 25 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 25 Schedule 9—Application for registration as a registered Aboriginal party Regulation 67H 1 Name of applicant The name of the applicant for registration as a registered Aboriginal party, including details of registration under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 of the Commonwealth. 2 Evidence of details of applicant The details of the applicant, including— (a) evidence of any native title determination made relating to the applicant and the application area; and (b) evidence of any recognition and settlement agreement in relation to the application area; and (c) evidence of the status of the applicant as a native title party (if applicable); and (d) any terms of any native title agreement the applicant wishes to make available to the Council (if applicable); and (e) evidence of any grant of land in fee simple made by the State or the Commonwealth to the applicant under a specific power in a State or Commonwealth Act (if applicable); and (f) evidence of any agreement between the applicant and the State in relation to land and natural resource management in the application area (if applicable). -- 26 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 26 3 Application area A description of the area in respect of which the application is made, including details, in the form of an attached map, or a written description, of the boundaries of that area. 4 Consultation (1) Evidence of any consultation or agreement with other traditional owner group entities regarding the boundary of the application area. (2) If the applicant is not a traditional owner group entity, the written consent of the traditional owner group entity to which the application relates that the applicant may apply to be a registered Aboriginal party for that area. 5 Supporting documentation (1) Attach a statement outlining the nature of, and evidence supporting— (a) the relationship or links of the applicant to the area in respect of which the application is made or the applicant's historical or contemporary interest in Aboriginal cultural heritage relating to the area; and (b) the demonstrated expertise in managing and protecting Aboriginal cultural heritage in that area. (2) Attach a statement outlining how the applicant intends to consider the interests of any Aboriginal people for whom the area in respect of which the application is made has cultural heritage significance, but who are not the traditional owners of the area. -- 27 of 29 -- Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 27 (3) If this is a repeat application, attach a statement outlining how the application addresses the reasons Council declined the previous application.". ═══════════════ -- 28 of 29 -- Endnotes Aboriginal Heritage Amendment Regulations 2016 S.R. No. 94/2016 Authorised by the Chief Parliamentary Counsel 28 Endnotes 1 Reg. 3: S.R. No. 41/2007 as amended by S.R. No. 50/2009. -- 29 of 29 --