If salvage is proposed as a CHMP condition, a detailed Salvage Strategy should be a part of this condition documented in the CHMP, developed by the HA and presented to the RAP for input at Step 10.
- The RAP will have the opportunity to provide input into the proposed Salvage Strategy and either approve or refuse the condition as part of its determination about the entire CHMP. Other than under exceptional circumstances, RAPs should not recommend salvage where a Sponsor and HA have not proposed it as a CHMP condition.
- All salvage condition proposals are to be fully discussed with the RAP at Step 10.
- If the RAP determines that post CHMP salvage should not occur or is not necessary, such salvage cannot occur. Indeed, under such circumstances it is likely the RAP will indicate it will refuse to approve the CHMP.
If the HA does not recommend post-CHMP salvage and the RAP disagrees, such disagreements may be referred to DPC or to alternative dispute resolution for further examination.
RAPs are empowered to refuse to approve CHMPs presented for evaluation which do not include salvage conditions, where the RAP is not satisfied the CHMP adequately address the matters in section 61, including sections 61(b) and (c). Such refusals may be challenged at VCAT, where reasons for and against salvage will be examined independently.
The Salvage Strategy
- The Salvage Strategy should contain at least the following:
- a detailed justification and research question to be addressed
- indicative timing, start and finish dates (as best as possible)
- indicative RAP participation, timing and personnel (as best as possible)
- a detailed salvage method, including the proportion of the Aboriginal place to salvage, the sampling strategy and justification for this sampling strategy
- a material recovery recording and documentation process
- a detailed management plan for recovered cultural material
- indicative costs (as best as possible).
The Salvage Report
- All post-CHMP salvage operations must be documented by a detailed Salvage Report, which must be lodged with the VAHR within 30 days of completion of all components of the salvage program.
- The Salvage Report should contain all the listed requirements of the Salvage Strategy, plus:
- a full archaeological catalogue of artefacts recovered, including spatial context
- salvage method and any deviations from the method as indicated in the Salvage Strategy
- detailed justification for scale of salvage completed
- details of disposition of recovered material
- actual days worked and number of personnel
- signature of RAP and Sponsor certifying the salvage was completed to their satisfaction.
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