Aboriginal Cultural Heritage Management Plan

Abstract

A Cultural Heritage Management Plan (a “plan”) is required to be developed and approved under Part 7 of the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003 (“the legislation”) where an Environmental Impact Statement (“EIS”) is required for a project under other legislation. Alternatively, a person (‘the sponsor”) may voluntarily develop and gain approval of a plan under Part 7 even though there is strictly no legal requirement to do so. The ability to voluntarily develop a plan is an important feature of the legislation because any activities undertaken in accordance with an approved plan meet the cultural heritage duty of care established by the legislation. The voluntary development of a plan under Part 7 of the legislation provides a land user with complete certainty that they are acting lawfully under the legislation and are meeting the cultural heritage duty of care requirements