Cultural Heritage Management Plan

Checklist

This guidance has been developed to assist land owners, planning permit

applicants, and contractors to determine when a Cultural Heritage Management

Plan (CHMP) is required as part of a development application or prior to

works/maintenance on land.

Step 1:

Check if the subdivision and/or development are located within an area of cultural

heritage sensitivity (area of sensitivity). You can use the online mapping tool at

https://www.aboriginalvictoria.vic.gov.au/cultural-heritage-sensitivity

Step 2:

Check if the works are exempt - exempt activities relevant to Brimbank are:



the development of one or two dwellings



the development of three or more dwellings on, or the subdivision of, a lot or

allotment if it is less than 0.11 hectares in size;



Buildings and works ancillary to a dwelling



Services to a dwelling



Alteration of buildings



Minor works



Demolition



Consolidation of land



Subdivision of existing building



Amendments to a statutory authorisation



Jetties associated with one dwelling



Emergency works

If the works are exempt no further action required, however refer to the

Important

Note

below.

Detailed descriptions of these activities can be found in the Aboriginal Heritage

Regulations 2018

Step 3:

If the proposed works are not exempt, use the questionnaire available on the State

government website to help you determine if a CHMP is required for the proposal based

on the definitions of a high impact activity under the Aboriginal Heritage Regulations

2018 at https://www.aav.nrms.net.au/aavQuestion1.aspx.

Step 4:

If you complete the checklist and a CHMP is required, you should also consider:



Is there a previously approved CHMP and if so whether it is relevant to the

subdivision and/or works proposed and if the recommendations of that CHMP

have been complied with; or



Has there been significant ground disturbance already.

Significant ground disturbance can be described as the disturbance of:



the topsoil or surface rock layer of the ground; or



a waterway – /

by machinery in the course of grading, excavating, digging, dredging or deep

ripping.

Important Note:

It is also possible that Aboriginal cultural heritage could be harmed by activities which do

not amount to high impact activities. These places are still protected under the

Aboriginal Heritage Act 2006. It is an offence under sections 27 and 28 of the Act to

harm Aboriginal cultural heritage unless acting in accordance with a Cultural Heritage

Permit or approved Cultural Heritage Management Plan.

If an applicant has found objects of Aboriginal cultural heritage or are unsure of the

origin or value of materials found on site, it is important they contact the Victorian

Aboriginal Heritage Council on (03) 7004 7198.

The

onus of proof

falls on the applicant, if there is a claim that there has been

significant disturbance. A Preliminary Aboriginal Heritage Test (PAHT) may be required.

This information has been informed by the Aboriginal Heritage Act 2006, Aboriginal Heritage

Regulations 2018 and materials obtained from Aboriginal Victoria. This information was current on

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