Notice of boundary variation determinations
Where the Council makes a determination to vary a RAP’s registered boundaries it is Council’s practice to inform the RAP applicant of a decision of variation, by telephone as soon as possible after the decision is made.
The Council will also give written notice to the relevant RAP(s) as soon as practicable after the determination to make a variation to seek the RAP’s consent to the variation.
The decision to vary subject to relevant consents will then be published on Council’s web site and circulated by email to a range of stakeholders.
When does a boundary variation determination come into effect?
Variation determinations come into effect:
- Upon consent of the relevant RAP(s); or
- At date or time stipulated by Council subject to the consent of relevant RAP(s).
The Act does not specify as to when a determination of a variation under section 155 comes into effect. However, as per s 155(2) for a variation to occur, the Council must have the consent of the relevant RAP(s) to which the variation will affect.
As the power to make a variation to registration is discretionary, the Council may determine the time/date as to which their determination of variation is to come into effect. Though this will be subject to the consent of the applicant RAP and any if there are other RAP(s) within the area to which the variation is to occur, a written statement or evidence from the other relevant RAPs outlining their consent to the boundary variation.
What constitutes “Consent of relevant RAP(s)”
Council will require written evidence that the relevant consents have been given by the relevant RAP(s).
Notice of variation to registration
Once consent to variation is received, and the Council will make a variation to a RAP’s registration the Council must give written notice to the RAP and the Secretary as soon as practicable after the variation is made (s 155 (3)).
The variation to a RAP’s registration will be published on Council’s web site and circulated by email to a range of stakeholders.
Amendments to the Victorian Aboriginal Heritage Register
The Secretary must make any necessary amendments to the Victorian Aboriginal Heritage Register as soon as practicable upon notice of the variation to registration.