Advice and Due Diligence
When is Cultural Heritage Advice required?
In Victoria, any land use or development proposal that may disturb the ground surface must consider potential impacts on Aboriginal cultural heritage. This obligation arises from the Aboriginal Heritage Act 2006 (Vic), which establishes a framework for recognising, protecting and managing Aboriginal cultural heritage in the state.
Victoria’s Planning Policy Framework (Clause 15.03-2S) requires planning authorities to identify, assess and document places of Aboriginal cultural heritage significance and to consult with Traditional Owners as part of the decision-making process.
To meet these obligations, proponents and councils often require an Aboriginal Cultural Heritage Due Diligence Assessment—a structured evaluation of whether a proposed activity may harm Aboriginal cultural heritage, and if so, what steps must be taken to manage that risk.
Why is a Cultural Heritage Advice important for your project?
A cultural heritage assessment and a due diligence assessment report can assist in:
- Determining legal obligations under the Aboriginal Heritage Act 2006, including whether a Cultural Heritage Management Plan (CHMP) is mandatory
- Identifying known or likely Aboriginal places registered in the Victorian Aboriginal Heritage Register
- Assessing site-specific landscape features that indicate potential for unregistered cultural heritage
- Avoiding or minimising harm to Aboriginal cultural heritage values
- Engaging Traditional Owners as rights-holders in the planning and development process.
This information can be used to understand your legislative requirements informing project planning and support planning applications.