Cultural Heritage Management Plans (Victoria)

What is a Cultural Heritage Management Plan (CHMP)?

A CHMP specifies how areas or objects of Aboriginal cultural heritage are to be protected by a proposed development. It may also outline how the impacts on Aboriginal cultural heritage will be managed.

When is a CHMP Required?

A CHMP is required if part of a proposed development is in an area of cultural heritage sensitivity and the development is a high impact activity.

Areas of cultural heritage sensitivity include landforms that are more likely to contain items of Aboriginal cultural heritage, such coastal dunes or land close to waterways. If an area of cultural heritage sensitivity has been subject to significant ground disturbance (refer to Practice Note: Significant Ground Disturbance) then it is not an area of cultural heritage sensitivity.

High impact activities include subdivision and development of three or more dwellings on a lot.

Significant Ground Disturbance

The applicant is responsible for proving that an area has been subject to significant ground disturbance. If there is doubt about whether there has been significance ground disturbance, a Cultural Heritage Management Plan will be required. The following levels of inquiry should be followed when providing evidence of significant ground disturbance: (1) common knowledge; (2) publicly available records; (3) further information from the applicant; (4) expert advice or opinion.

Exempt Residential Development Activities

Among other things, a CHMP is not required for the following activities:

• The construction or extension of one or two dwellings on a lot.
• Buildings and works ancillary to a dwelling.
• The construction or carrying out of works for services to a dwelling.
• The demolition or removal of a building.
• The subdivision of an existing building.

Even if a CHMP is not required, any person, who finds an Aboriginal place or object, must report the discovery Aboriginal Affairs Victoria.

Who decides whether to approve or refuse the CHMP?

A Registered Aboriginal Party (RAP) usually makes the decision to approve or refuse a CHMP. A RAP is an organisation responsible for Aboriginal cultural heritage decisions in a specific geographical area. If the RAP refuses to approve the CHMP then the developer can appeal the decision at VCAT. If there is no RAP then the Secretary of the Department of Planning and Community Development evaluates the CHMP.

What is the role of the local council?

The responsible authority, usually a local council, determines whether a CHMP is required for a proposed development or land use. If a CHMP is required, the local council will not be able to issue a planning permit without first receiving an approved CHMP.

Who prepares a CHMP?

A CHMP is prepared by a Cultural Heritage Adviser. A Cultural Heritage Adviser is normally qualified in anthropology, archaeology or history; or has extensive experience or knowledge in relation to the management of Aboriginal cultural heritage.

How can I find a Cultural Heritage Adviser?

Aboriginal Affairs Victoria has a list of Cultural Heritage Advisors available on their website. Alternatively, try searching the yellow pages for archaeologists of heritage consultants or looking on the Australian Association of Consulting Archaeologists website for a list of their members.

Relevant VCAT cases:

>  Mainstay Australia Pty Ltd v Mornington Peninsula SC & Ors (Red Dot) [2009] VCAT 145

In this case the Tribunal considered the type of evidence that should be provided to the planning decision maker when establishing whether significant ground disturbance has occurred. The case outlined the different levels of inquiry that commonly arise: (1) common knowledge, (2) publicly available records, (3) further information from the applicant, and (4) expert advice or opinion.

The Tribunal also provided guidance on the meaning of ‘significant ground disturbance’ under the Aboriginal Heritage Regulations 2007.

The Tribunal has applied the principles established in this case in later decisions.

>  Tsourounakis v Ballarat CC (includes Summary) (Red Dot) [2009] VCAT 905

This case considered the proposal to construct 6 dwellings within 200 metres of waterway. The planning application contained evidence of previous subdivision works that would have caused significant ground disturbance across the site. Due to the evidence of significant ground disturbance, the site was not considered to be within an area of cultural heritage sensitivity and a CHMP was not required for the proposed activity.

> Azzure Investment Group Pty Ltd v Mornington Peninsula SC (Red Dot) [2009] VCAT 1600

The Tribunal identified the difficulties in requiring CHMPs for small developed sites. A CHMP was not required in this case as only a small part of land had not been subject to   significant ground disturbance. The Tribunal considered that this small area of land did not justify the preparation of a CHMP for the entire activity that is proposed on the land.

More Information:

To obtain the Practice Note: Significant Ground Disturbance or a list of Cultural Heritage Advisors go to the Aboriginal Affairs Victoria website: aboriginalaffairs.vic.gov.au

Go to the Department of Planning and Community Development’s website for further planning information: dpcd.vic.gov.au/planning

For further information HIA members can contact HIA’s Planning Services staff on 1300 650 620 or hia_planning@hia.com.au.

If you would like to become a HIA member, contact 1300 650 620 or enquiry@hia.com.au

_{The above is intended to provide general information in summary form. The contents do not constitute specific advice and should not be relied upon as such. Formal specific advice should be sought by members with respect to particular matters before taking action.}