Preliminary AboriginalHeritage Tests

First Peoples – State Relations (FPSR) will certify a PAHT in the instance that the PAHT can prove, and they agree, that the entire mapped area of sensitivity within the activity area has been subject to significant ground disturbance, as defined by the Aboriginal Heritage Regulations 2018, or; the PAHT determines, and they agree, that the proposed activity is not a high impact activity. If FPSR disagree with the findings of the PAHT, it will not be certified and a mandatory CHMP will need to be prepared and approved prior to a planning permit or statutory authorisation being issued.

Significant Ground Disturbance

The Aboriginal Heritage Regulations 2018 define ‘significant ground disturbance’ as: disturbance of –

(a) the topsoil or surface rock layer of the ground; or

(b) a waterway-

by machinery in the course of grading, excavating, digging, dredging or deep ripping, but does not include ploughing other than deep ripping.

High Impact Activity

High impact activities, as defined by the Aboriginal Heritage Regulations 2018 include, but are not limited to:

• Buildings and works for specified uses, including but not limited to car park, childcare centre, education centre, hospital, industry, minor and major sports and recreation facilities, office, place of assembly, residential building and village, retail premises, utility installation, warehouse;
• Specified items of infrastructure, including but not limited to bicycle/walking track exceeding 500 metres, rail infrastructure, road infrastructure and telecommunication assets;
• Three or more dwellings;
• Subdivision of land;
• Wind farms;
• Alpine resorts;
• Extraction or removal of stone;
• Extraction or removal of sand or sandstone;
• Extraction or removal of loose stone on agricultural land of Victorian Volcanic Plain;
• Dams; and
• Specified uses of land, including instances in which a statutory authorisation is required to change the use of land.

However, these activities may be excluded from being classified as a high impact activity in certain circumstances. These circumstances may include:

• If the proposed activity is for, or associated with an activity for which the land was being lawfully used immediately prior to 28 May 2007.

For example; if a school was proposing a new building, and that school had been in existence on the same allotment immediately prior to 28 May 2007, this will not be considered to be a high impact activity.

This is because the new building is for, and associated with a use that was existing before the Aboriginal Heritage Act 2006 was implemented.

PAHT timeframes and FPSR Certification period

A PAHT is usually able to be completed and submitted to FPSR within four weeks.

A period of 21 days is required for the certification period.

As described above, a PAHT is used to determine if a mandatory CHMP is required.

If you believe that the land within your activity area meets the definition of ‘significant ground disturbance’, or that your activity may not be a high impact activity, a PAHT may be appropriate.

If 100% of the mapped area of sensitivity that falls within your activity area has not been subject to significant ground disturbance, or your activity area is a high impact activity, a mandatory CHMP may be required.

Your Heritage Advisor is best placed to help determine whether the preparation of a PAHT or a CHMP is appropriate. AV is not obligated to certify a PAHT and as such, it is recommended that a PAHT only be prepared in instances where a Heritage Advisor considers that there is a high chance of certification.

Trusting Jem Archaeology with your PAHT

Jem Archaeology have been trusted by developers, architects, town planners, government and regulatory bodies and councils for the preparation of CHMPs for since PAHTs were introduced.

Our experience, knowledge and intricate understanding of the relevant legislation and regulatory requirements, combined with our vast experience working across Victoria enables us to provide accurate advice and efficient stakeholder management.

Our intrinsic understanding of the Aboriginal Heritage Act 2006 and the Aboriginal Heritage Regulations 2018, coupled with our vast experience assessing the condition of landforms and preparing PAHTs gives us a unique insight and understanding as to whether or not your PAHT submission will be certified. Jem Archaeology is proud to have a 100% PAHT certification rate – a direct result of the fact that we never recommend a PAHT unless we are confident that it will be certified. At Jem Archaeology we pride ourselves on providing our clients with efficient, honest and direct advice that leads to the most time and cost-effective path to the required outcome. As a result, our clients can be assured that they will save time and money by never being advised to pursue options that are likely to fail.

Led by Jem Archaeology Director, Principal Archaeologist and Heritage Advisor Jen Burch, you can count on the expertise of our team to guide you through the PAHT process.