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Aboriginal Heritage Protection Declarations

Some places and objects of Aboriginal cultural heritage are of particular significance to Aboriginal people and the broader Victorian community. The Act allows the Minister for Aboriginal Affairs to make declarations which preserve important Aboriginal heritage places and objects as ‘protected areas’.

There are two types of declarations, Interim Protection Declarations and Ongoing Protection Declarations.
Both types of declaration provide specific measures for the protection and management of the place or object. For example a declaration may restrict access to an area.

The Aboriginal Heritage Council or any Registered Aboriginal Party can ask the Minister to make an Interim Protection Declaration or an Ongoing Protection Declaration and the Minister can place an Interim Protection Declaration over an area to protect it while an assessment is undertaken to see if it warrants permanent protection.

Interim Protection Declarations

An Interim Protection Declaration:

operates for up to 3 months and can be extended by a further 3 months

prevents specified activities within that area while the declaration is in force

applies maximum penalties for contravention 1800 penalty units; or over 1 million dollars for a corporation.

After the assessment is complete the Minister may then decide if the area warrants an Ongoing Protection Declaration.

Ongoing Protection Declaration

Is a permanent declaration which:

protects the area from activities likely to harm its Aboriginal Cultural Heritage values

provides for necessary maintenance or management activities

applies maximum penalties for contravention. 1800 penalty units ($193,000) for an individual or over 1 million dollars for a corporation

Protection declaration forms

Interim Protection Declaration (PDF 30 kb)
Ongoing Protection Declaration (PDF 27 kb )

See our Information sheet on Aboriginal Heritage Protection Declarations & Cultural Heritage Agreements (PDF 449 kb)

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