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aboriginalheritagecouncil.vic.gov.au

Registered Aboriginal Party Variation

Understanding section 155 of the Aboriginal Heritage Act 2006.

Once a RAP is registered, section 155 of the Aboriginal Heritage Act 2006 gives Council broad powers to make a variation of a RAP’s registration, subject to the consent of the relevant RAP(s).

(1)  The Council may vary the registration of a Registered Aboriginal Party (RAP) with the consent of that party and, if there are other RAPs for that area, with the consent of each of those parties.

(2) A variation under this section may include a variation to the boundaries of the area for which the Registered Aboriginal Party is registered.

Section 155

Council’s power to make variations is a discretionary power

The power to make a variation may be exercised at Council’s discretion:

  • upon the request of an existing RAP; or
  • by a determination of Council.

There are no time limitations to the Council’s power to determine variations to registration

In considering a request to vary the registration of an existing RAP under s 155 the detailed matters and time frames applicable in determining applications under s 150 and 151 are not relevant.

Variation determinations come into effect:

  1. Upon consent of the relevant RAP(s); or
  2. At date or time stipulated by Council subject to the consent of relevant RAP(s)

Variations to registration

Variations to a RAP’s registered boundaries

All other variations

For further information, please view or download a flow chart of the s 155 application for boundary variation process here:

Reviewed 18 December 2019

Aboriginal Heritage Council

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