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Cultural Heritage Management Plan

What is a Cultural Heritage Managment Plan?

Cultural Heritage Management Plan (CHMP) is a report for managing Aboriginal cultural heritage in compliance with the Aboriginal Heritage Act 2006

 

A CHMP is a requirement of the Aboriginal Heritage Act 2006 for any development or ‘high impact activity’ that is undertaken within an area of ‘Cultural Heritage Sensitivity' as outlined in the Aboriginal Heritage Regulations 2018. Areas of cultural heritage sensitivity are landforms and land categories that are generally regarded as more likely to contain Aboriginal cultural heritage. A registered Aboriginal cultural heritage place is also an area of cultural heritage sensitivity.

Councils will often ask developers to prepare a CHMP as a pre-condition for planning approval. Local councils are legally obligated to withhold approval of a planning application until an approved CHMP has been prepared if the development area is or contains an area of cultural heritage sensitivity; or the development is or involves a high impact activity – such as the subdivision of land.

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When is a CHMP required?

When is a CHMP Required?

 

Local councils may require developers to prepare a CHMP as a condition for planning approval. Councils are legally obligated to withhold approval of a planning application until an approved CHMP is in place if the following criteria are met:

 

  • The proposed activity, or a portion of it, is located within an area of mapped cultural heritage sensitivity.

  • The development involves or constitutes a high-impact activity.

Areas of Cultural Heritage Sensitivity:

Cultural heritage-sensitive areas are locations that are more likely to contain Aboriginal cultural heritage. These areas, as outlined in the Aboriginal Heritage Regulations 2018, include but are not limited to:

 

  • Registered cultural heritage places (Aboriginal places) and land within 50 meters of such places.

  • Waterways and former waterways, as well as land within 200 meters of them. Ancient lakes, and land within 200 meters of these lakes.

  • Declared Ramsar wetlands and land within 200 meters of them.

  • Coastal Crown land. Land within 200 meters of the high-water mark of Victoria's coastal waters.

  • Parks.

  • High Plains.

  • Koo Wee Rup Plain.

  • Greenstone outcrops

  • Stony rises. 

  • Dunes.

  • Caves.

  • Sand sheets (including the Cranbourne sand).

 

High-Impact Activities:

The Aboriginal Heritage Regulations 2018 define high-impact activities as those that include, but are not limited to:

  • Buildings and works for specified uses, such as car parks, childcare centers, education centers, hospitals, industries, sports and recreation facilities, offices, places of assembly, residential buildings and villages, a motorcycle racing track, retail premises, utility installations, and intensive animal husbandry.

  • Specified parts of infrastructure projects, including bicycle/walking tracks over 500 meters, rail infrastructure, road infrastructure, and telecommunication assets.

  • Developments involving three or more dwellings.

  • Subdivision of land.

  • Changes in land use requiring statutory authorisation.

  • Wind farms.

  • Alpine resorts.

  • Extraction or removal of stone, sand, sandstone, or loose stone, especially in agricultural land on the Victorian Volcanic Plain.

  • Timber production.

  • Dams.

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How is a CHMP created?

How is a CHMP created?

 

ArchLink takes into consideration all aspects of the activity area when determining whether or not a CHMP is required. Exemptions may apply, for instance if prior 'significant ground disturbance' has occurred then it may not be necessary to prepare a CHMP and the cultural heritage assessment may satisfy council requirements.

 

​​A CHMP may includes up to three levels of assessment, including;

 

  • Desktop Assessment

  • Standard Assessment (desktop + ground survey); and 

  • Complex Assessment (desktop + ground survey + excavation)​

Desktop Assessments

Desktop Assessments involve examining the history of land use and the nature of the activity area to identify previously recorded Aboriginal cultural heritage, areas of cultural significance, or the presence of 'significant ground disturbance' as defined by the Aboriginal Heritage Regulations 2018. The desktop assessment helps determine if a Standard and/or Complex Assessment is necessary.

Standard Assessment

If the Desktop Assessment suggests a reasonable likelihood that Aboriginal cultural deposits may be present within the activity area, the process progresses to a Standard Assessment. This involves conducting a ground survey of the area in consultation with the relevant Registered Aboriginal Party (RAP) or Aboriginal Traditional Owner group(s). The survey assesses ground conditions, landforms, and the likelihood of cultural heritage being present. If Aboriginal places are identified, or if there is a reasonable likelihood that Aboriginal cultural deposits exist beneath the surface, a Complex Assessment will be required.

Complex Assessment

If the Standard Assessment indicates the presence of Aboriginal places or the likelihood of subsurface Aboriginal cultural deposits, the process moves to a Complex Assessment. This typically involves manually excavating test pits (TPs) to assess the presence and extent of Aboriginal cultural deposits across different landforms within the activity area. Smaller shovel test pits (STPs) or larger machine-excavated trenches may also be used. If new Aboriginal cultural heritage is discovered, it will be registered on the Victorian Aboriginal Heritage Register (VAHR). The findings from the excavations are analysed to develop a management strategy for any Aboriginal cultural heritage within the activity area.

Evaluation of the CHMP

Once all necessary assessments are completed, a detailed report known as the CHMP (Cultural Heritage Management Plan) is generated, outlining the relevant findings, and submitted for evaluation.

The CHMP will be reviewed by either the relevant RAP (Registered Aboriginal Party) or First Peoples – State Relations (FPSR), depending on the location of the activity. Upon approval, the CHMP and its associated management conditions become legally binding. The approved CHMP can then be used to support a planning permit application or any other statutory authorisation. A copy of the approved CHMP, along with the related spatial data, will be provided to FPSR and the appropriate RAP/Aboriginal Traditional Owner groups.

Important Note: Activities permitted under an approved CHMP are restricted to the specific activity and area for which the plan was originally prepared. For instance, if a CHMP was approved for the development of three units within a defined area and later plans change to construct an office complex instead, a new CHMP or an amendment to the existing one would be required.

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ArchLink takes into consideration all aspects of the activity area when determining whether or not a CHMP is required.  Initially, a Cultural Heritage Assessment (CHA) report will identify if areas of cultural heritage sensitivity exist in your activity area. Exemptions may apply, for instance if prior 'significant ground disturbance' has occurred then it may not be necessary to prepare a CHMP and the cultural heritage assessment may satisfy council requirements. 

If it is determined that there is no likelihood of cultural heritage being present, it may be that a Preliminary Aboriginal Heritage Test can be prepared and certified by FPSR. A PAHT provides formal certification of whether or not a project requires a CHMP that can then be presented to council. Click here to learn more about PAHT's.

As qualified Cultural Heritage Advisors for over 30 years, ArchLink has the experience and skills to assist you in applying for and preparing a Cultural Heritage Management Plan. We have successfully completed hundreds of CHMP and PAHT reports for our clients across Melbourne and Victoria.

 

To discuss your project requirements contact us on 0417 658 879 or email info@archlink.com.au.

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