What is a Cultural Heritage Management Plan?
A Cultural Heritage Management Plan (CHMP) is a written report prepared by a Heritage Advisor. It includes results of an assessment of the potential impact of a proposed activity on Aboriginal cultural heritage. It outlines measures to be taken before, during and after an activity in order to manage and protect Aboriginal cultural heritage in the activity area.
When is a 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.
In these circumstances, planning permits, licences and work authorities can't be issued unless a CHMP has been approved for the activity.
Areas of cultural heritage sensitivity include registered Aboriginal cultural heritage places, as well as landforms and land categories that are generally regarded as more likely to contain Aboriginal cultural heritage.
Areas of cultural heritage sensitivity are shown on the online map.
If a proposed development is within an area of cultural heritage sensitivity, the Aboriginal Heritage Regulations Planning Tool can help determine if it falls under the definition of 'high impact activity' and will need a CHMP.
Key people in the CHMP process
The CHMP process
Engagement of a Heritage Advisor
The Sponsor must engage a suitably qualified Heritage Advisor to assist in preparing the Management Plan.
Find more information about Heritage Advisors.
Engagement with Registered Aboriginal Parties (RAPs)
It is critical to involve the relevant RAP(s) as early as possible in the CHMP process.
Where a RAP gives notice of its intention to evaluate a CHMP, the Sponsor must make reasonable efforts to consult with the RAP before beginning the assessment and during the preparation of the CHMP.
The RAP may also consult about the cultural heritage assessment and management conditions and may take part in the cultural heritage assessment.
Summary of the CHMP process
1. Notification of Intent to prepare a CHMP
A 'Notice of Intent to prepare a Cultural Heritage Management Plan’ (NOI) must be submitted to the Secretary through ACHRIS and will include payment of the relevant prescribed fees.
A NOI must also be provided to each relevant RAP, owner/occupier(s) of any land within the area of the CHMP, and to any municipal council whose municipal district includes an area to which the plan relates.
A NOI must be provided before the preparation of a CHMP commences, including before any assessment.
The notice must include:
- the name and contact details of the Sponsor,
- a description of the proposed activity to which the CHMP relates,
- the area in respect of which the CHMP is to be prepared, clearly identified; and,
- the dates within which the CHMP is proposed to be prepared.
To enable a RAP to make an informed decision about whether it wants to evaluate a CHMP, it is best to provide as much information as possible, including providing sufficient detail of the description of the proposed activity.
It may be beneficial to engage the RAP prior to NOI being submitted.
If there is no RAP for the proposed activity area, the Sponsor should include a list of relevant Traditional Owners who the Sponsor intends to consult.
2. RAP response to NOI
RAP(s) have 14 days from receipt of the notice to respond to the Sponsor in writing, advising whether or not they intend to evaluate the Management Plan.
The written response should advise:
- whether a RAP intends to evaluate a plan or not when complete
- whether a RAP intends to
- consult with the sponsor and/or advisor about the assessment of the area
- consult with the sponsor about the conditions to be included in the plan, and/or
- participate in the conduct of the assessment.
If a RAP elects not to evaluate a CHMP or does not advise the Sponsor within the 14 days whether they intend to evaluate, the Sponsor must notify the Secretary.
3. Undertake cultural heritage assessment
Depending on the circumstances, there are 3 tiers of assessment that may be a part of the cultural heritage assessment.
Desktop Assessment: A CHMP must consist of a desktop assessment. This includes research into information relating to Aboriginal cultural heritage in the activity area or associated with it.
Standard Assessment: If the results of a desktop assessment show it is reasonably possibly that Aboriginal cultural heritage is present in the activity area, then a Standard Assessment is required.
This must include a ground survey of all or part of the activity area, with systematic ground examination of the surface of the activity area, any mature trees, cave, rock shelter or cave entrance in the activity area.
Complex Assessment: A Complex Assessment is required if the Desktop and Standard Assessment show that Aboriginal cultural heritage is present or is likely to be present in the activity area and it is not possible to identify the extent, nature, and significance of the Aboriginal cultural heritage unless Complex Assessment is carried out.
A Complex Assessment is the disturbance or excavation of all or part of the activity area in order to uncover or discover Aboriginal cultural heritage. This must be carried out in accordance with proper archaeological practice and must be supervised by a person appropriately qualified in archaeology.
It is essential the RAP (where one exists and has elected to evaluate the CHMP) is consulted in relation to the proposed disturbance or excavation of the land.
4. Preparation of the CHMP
The CHMP must be in the Approved Form and must include the information set out in Schedule 2 of the Regulations.
The Heritage Advisor prepares the CHMP detailing the results of the cultural heritage assessment, potential impacts of the activity and measures to manage and protect Aboriginal cultural heritage.
RAP(s) may choose to participate in this process.
5. Submission of the CHMP
It is the Sponsor’s responsibility to ensure the relevant authority receives the CHMP together with the associated statutory fee at the time of submission.
Find more information about fees payable.
6. Evaluation and determination of the CHMP
On receipt of the CHMP, the relevant authority evaluates the plan, taking into consideration the objectives and requirements of the Aboriginal Heritage Act 2006.
The relevant authority decides to grant or refuse to grant a CHMP.
7. Review and disputes
Disputes between a Sponsor and a RAP, or where multiple RAPs have responsibility for an area, can be managed through informal and formal processes.
Disputes where the Secretary is evaluating a Management Plan are managed through other mechanisms.
Find more information on dispute resolution.
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