Before starting any development activities it is important you understand if it could affect Aboriginal cultural heritage. That way, your development can proceed smoothly without costly interruptions.
When is a Cultural Heritage Management Plan (CHMP) required?
A CHMP is required when a 'high impact activity' is planned in an area of 'cultural heritage sensitivity'. These terms are defined in the Aboriginal Heritage Regulations 2018.
If your development area is associated with Cultural Heritage Sensitivity, use the Aboriginal Heritage Planning Tool to assist you in determining if your proposed development classifies as a high impact activity and will need a CHMP.
Can I choose to prepare a CHMP even if one isn't required?
Yes. You can still choose to prepare a CHMP even if it is not required by legislation. This can be an effective risk mitigation strategy and ensure there are no delays if an Aboriginal place or object is uncovered.
If you're completing an activity that doesn't require a CHMP but is likely to harm Aboriginal cultural heritage, then you may still need to get a Cultural Heritage Permit. You should talk to your Heritage Advisor about what's best to do in your circumstances.
How do I get a CHMP?
You will need to engage a Heritage Advisor to assist you prepare the CHMP.
How much does it cost to prepare a CHMP?
Fees are required to be paid to the Heritage Advisor, as well as to the organisation who evaluates the CHMP (the Registered Aboriginal Party (RAP) for the area or First Peoples – State Relations if a RAP hasn't yet been appointed).
Other costs need to be negotiated between parties and are determined in line with what is reasonable in the circumstances.
Factors to consider may include:
- the nature of work to be undertaken
- the location of the activity area and its remoteness
- if the work requires overnight stay
- time-frames for undertaking the work
- the size of the activity area covered by the Management Plan
- the number of RAP representatives
- industry standards and the market value of labour.
Find out if you need a CHMP for your development
Use the Aboriginal Heritage Planning Tool to assist in determining whether a Cultural Heritage Management Plan is required for a proposed activity.
This tool and its content are for general information purposes only and it is not intended to be, and it does not represent, a statement of endorsement, professional advice, or legal advice.
If you require further advice, please get in touch with a suitably qualified Heritage Advisor.
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