132Functions of the Council

132 Functions of the Council (1) The Council has the following functions— S. 132(1)(aa) inserted by No. 11/2016 s. 78(1). (aa) to be the central coordinating body responsible for the overseeing, monitoring, managing, reporting and returning of Aboriginal ancestral remains in Victoria; S. 132(1)(a) amended by No. 11/2016 s. 78(2). (a) to advise the Minister in relation to the protection of Aboriginal cultural heritage in Victoria, including advising the Minister about— S. 132(1)(a)(i) amended by No. 11/2016 s. 78(3). (i) the cultural heritage significance of any Aboriginal ancestral remains or Aboriginal place or object; (ii) measures for the effective protection and management of Aboriginal cultural heritage in Victoria, including the management of culturally sensitive information relating to that heritage; (iii) measures to promote the role of Aboriginal people in the protection and management of Aboriginal cultural heritage and in the administration of this Act; (iv) the standards of knowledge, experience, conduct and practice required of persons engaged in research into Aboriginal cultural heritage; S. 132(1)(a)(v) amended by No. 11/2016 s. 78(4). (v) the training and appointment of authorised officers under this Act; (vi) any other matters referred to the Council by the Minister; (b) at the Minister's request, to advise and make recommendations to the Minister on the exercise of his or her powers under this Act, including advising the Minister about— (i) the application of interim or ongoing protection declarations; (ii) a proposal by the Minister to require a cultural heritage management plan to be prepared; (iii) whether a cultural heritage audit is necessary; (iv) whether the compulsory acquisition of land is appropriate in any particular case; (v) any other matter relating to the exercise of his or her powers under this Act that the Minister requests the Council to consider; (c) to advise the Secretary— (i) on measures to establish appropriate standards and guidelines for the payment to registered Aboriginal parties of fees for doing anything referred to in section 60; (ii) at the Secretary's request, on the exercise of his or her powers under this Act in relation to cultural heritage permits, cultural heritage management plans and cultural heritage agreements. (2) The Council has the following additional functions— (a) to receive and determine applications for the registration of Aboriginal parties under Part 10; (b) to consider for approval proposed cultural heritage management plans for which the Secretary is the sponsor, in the circumstances set out in section 66; S. 132(2)(c) amended by No. 11/2016 s. 78(5). (c) to promote public awareness and understanding of Aboriginal cultural heritage in Victoria; S. 132(2)(ca) inserted by No. 11/2016 s. 78(6). (ca) to report to the Minister annually on the performance of its functions, including a summary of any reports received by the Council from registered Aboriginal parties; S. 132(2)(cb) inserted by No. 11/2016 s. 78(6). (cb) to advise the Minister administering the **Planning and Environment Act 1987** on proposed amendments to planning schemes which may affect the protection, management or conservation of places or objects of Aboriginal cultural heritage significance; S. 132(2)(cc) inserted by No. 11/2016 s. 78(6). (cc) to oversee and monitor the system of reporting and returning Aboriginal ancestral remains and secret or sacred objects; S. 132(2)(cd) inserted by No. 11/2016 s. 78(6). (cd) to advise the Secretary on cultural heritage permits and cultural heritage management plans related to Aboriginal ancestral remains in areas without a registered Aboriginal party; S. 132(2)(ce) inserted by No. 11/2016 s. 78(6). (ce) to perform functions under this Act in relation to cultural heritage permits, including the granting of permits; S. 132(2)(cf) inserted by No. 11/2016 s. 78(6). (cf) to manage the Aboriginal Cultural Heritage Fund; S. 132(2)(cg) inserted by No. 11/2016 s. 78(6). (cg) to provide advice regarding Aboriginal cultural heritage, including to the Minister and the Secretary; S. 132(2)(ch) inserted by No. 11/2016 s. 78(6). (ch) to manage, oversee and supervise the operations of registered Aboriginal parties; S. 132(2)(ci) inserted by No. 11/2016 s. 78(6). (ci) to promote and facilitate research into the Aboriginal cultural heritage of Victoria; S. 132(2)(cj) inserted by No. 11/2016 s. 78(6). (cj) to nominate information about Aboriginal ancestral remains, Aboriginal secret or sacred objects and Aboriginal places and objects to be restricted information on the Register; S. 132(2)(ck) inserted by No. 11/2016 s. 78(6). (ck) to publish policy guidelines consistent with the functions of the Council; S. 132(2)(cl) inserted by No. 11/2016 s. 78(6). (cl) to report to the Minister every 5 years on the state of Victoria’s Aboriginal cultural heritage; (d) to carry out any other functions conferred on the Council under this Act. (3) The Council has all the powers necessary to carry out its functions under this Act. S. 132A inserted by No. 11/2016 s. 79.