Taking Care of Culture Discussion Paper appendices.

Appendix 1: Aboriginal Cultural Heritage Act

The Victorian AHA was enacted to provide protection for Cultural Heritage tangible and intangible Cultural Heritage of Aboriginal Peoples in Victoria. The AHA seeks to do this through the empowerment of Traditional Owners of Aboriginal heritage to be protectors of their heritage by strengthening their spiritual, Cultural, material and economic connection to it.59

The Victorian Aboriginal Heritage Council (the Council) was established in 2007 under the AHA as a statutory portfolio within the Victorian Department of Premier and Cabinet. The Council is responsible for assessing RAP applications; managing Aboriginal Ancestral Remains and Aboriginal Secret or Sacred Objects; the approval of CHMP’s in certain circumstances if the Secretary is the sponsor or if a RAP is the sponsor; managing access to sensitive information on the Victorian Aboriginal Heritage Register where there is no RAP; and broadly promoting public awareness and understanding Aboriginal Cultural Heritage.

1.1 International conventions:

1.1.1 United Nations Declaration on the Rights of Indigenous Peoples, 2007

1.1.2 UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage, 2003

1.1.3 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage, 1972

1.1.4 UNESCO Convention on the Protection of the Underwater Cultural Heritage, 2001

1.1.5 United Nations Convention on Biological Diversity, 1992

1.1.6 United Nations Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention of ........ Biological Diversity, 2010

1.1.7 International Union for Conservation of Nature (IUCN)

1.1.8 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, 1970

1.1.9 The Burra Charter, The Australia ICOMOS Charter for Places of Cultural Significance

1.2 Australian legislation and related reports and guidelines:

1.2.1 Aboriginal and Torres Strait Islander Act 2005 (Cth)

1.2.2 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)

1.2.3 Environment Protection and Biodiversity Conservation Act 1999 (Cth)

1.2.4 Native Title Act 1993 (Cth)

1.2.5 Underwater Cultural Heritage Act 2018 (Cth)

1.2.6 Protection of Moveable Cultural Heritage Act 1986 (Cth)

1.2.7 National Museum of Australia Act 1980 (Cth) and Archives Act 1983 (Cth)

1.2.8 National Heritage List

1.2.9 Uluru Statement of the Heart (

1.2.10 Australia State of the Environment 2016 report

1.3 Victorian legislation:

1.3.1 Aboriginal Heritage Act 2006 (Vic)

1.3.2 Victorian Aboriginal Heritage Register

1.3.3 Traditional Owner Settlement Act 2010 (Vic)

1.3.4 Advancing the Treaty Process with Aboriginal Victorians Act 2018 (Vic)

1.3.5 Aboriginal Lands Act 1970 (Vic)

1.3.6 Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 (Vic)?

1.3.7 Museums Act 1983 (Vic)

1.3.8 Public Records Act 1973 (Vic)

1.3.9 The Value of Heritage: Summary Report, January 2018.