Aboriginal Heritage Regulations 2018

For the purposes of section 36(2) of the Act, the following fees are prescribed for an application for a cultural heritage permit—

if the permit is to authorise the applicant to disturb or excavate any land for the purpose of uncovering or discovering Aboriginal cultural heritage (see section 36(1)(a) of the Act), a fee of 8 fee units;

if the permit is to authorise the applicant to carry out research on an Aboriginal place (including the removal of an Aboriginal object from that place for the purposes of that research) or Aboriginal object (including the removal of an Aboriginal object from Victoria for the purposes of that research) (see section 36(1)(b) of the Act), a fee of 8 fee units;

if the permit is to authorise the applicant to carry out an activity that will, or is likely to, harm Aboriginal cultural heritage (see section 36(1)(c) of the Act), a fee of 46 fee units;

if the permit is to authorise the applicant to sell an Aboriginal object (see section 36(1)(d) of the Act), a fee of 13 fee units;

if the permit is to authorise the applicant to remove an Aboriginal object from Victoria other than for the purposes of research referred to in paragraph (b) (see section 36(1)(e) of the Act), a fee of 13 fee units.

If an application is made for a cultural heritage permit in relation to 2 or more of the matters referred to in subregulation (1), the prescribed fee is the sum of the fees specified in subregulation (1) for each of those matters.

The fee prescribed for a permit to rehabilitate land at an Aboriginal place, including land containing burial grounds for Aboriginal ancestral remains (see section 36(1)(f) of the Act) is nil.

The fee prescribed for a permit to inter Aboriginal ancestral remains at an Aboriginal place (see section 36(1)(g) of the Act) is nil.

Despite subregulations (1) and (2), no fee is payable for an application for a permit in one of the following classes—

Class 1, an application under section 36(1)(c) of the Act for a permit to carry out heritage protection works;

Class 2, an application under section 36(1)(b) of the Act, by a student enrolled in an undergraduate course at a university;

Class 3, an application under section 36(1)(a), (b), (c) or (d) of the Act that is the same or substantially similar to an application that was withdrawn no more than 6 months before the application is made;

Class 4, an application that is the same or substantially similar to an application that was refused under section 40(3E) of the Act.

In this regulation, heritage protection works means works that are primarily intended to protect, conserve or enhance an Aboriginal place.