146Who may access the Register?

146 Who may access the Register? S. 146(1) amended by No. 11/2016 s. 87(1). (1) Subjectto section 146A, the Secretary must allow any of the following persons or bodies to have access to the Register but only for the purpose set out for that person or body— (a) a registered Aboriginal party or a person authorised in writing by a registered Aboriginal party—for the purpose of obtaining information relating to the area or areas in respect of which the registered Aboriginal party is registered; (b) a member of the Council or a public sector employee (within the meaning of the **Public Administration Act 2004**) whose duties involve the administration of this Act—for the purpose of managing Aboriginal cultural heritage in Victoria or maintaining and updating the Register; S. 146(1)(c) substituted by No. 11/2016 s. 87(2). (c) a person engaged as a heritage advisor for a cultural heritage management plan, preliminary Aboriginal heritage test, Aboriginal cultural heritage land management agreement or a cultural heritage audit—for the purpose of conducting research related to the plan, test, agreement or audit; S. 146(1)(d) amended by No. 11/2016 s. 87(3). (d) a land owner—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the owner's land, including a cultural heritage management plan prepared in relation to the land before the land owner became the owner of that land; (e) a person who, or a body that, has the control and management of Crown land—for the purpose of obtaining information to assist or enable the person or body to carry out functions or duties associated with the control and management of the land; S. 146(1)(f) amended by No. 9/2020 s. 390(Sch. 1 item 1.2). (f) a person appointed or employed under Division 7 of Part 2 of the **Local Government Act 2020**—for the purpose of carrying out functions or duties associated with the person's employment; S. 146(1)(g) amended by No. 11/2016 s. 87(4). (g) a heritage advisor appointed by a proposed developer, purchaser or user of land or by a person specified under paragraph (d), (e) or (f) in relation to land—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the land; S. 146(1)(h) inserted by No. 11/2016 s. 87(5). (h) a person who applies to the Secretary for the certification of a preliminary Aboriginal heritage test—for the purpose of obtaining information on any Aboriginal cultural heritage that may relate to the land on which the proposed activity is to be carried out; S. 146(1)(i) inserted by No. 11/2016 s. 87(5). (i) a holder of a cultural heritage permit granted under section 36(1)(a) or (b)—for the purpose of obtaining information on any Aboriginal cultural heritage relating to the permit; S. 146(1)(j) inserted by No. 11/2016 s. 87(5). (j) the Executive Director of Heritage Victoria—for the purpose of managing and protecting Aboriginal cultural heritage on or associated with a heritage place; S. 146(1)(k) inserted by No. 11/2016 s. 87(5). (k) a Catchment Management Authority—for the purpose of obtaining information to assist or enable the Authority to carry out functions or duties associated with the control or management of land; S. 146(1)(l) inserted by No. 11/2016 s. 87(5). (l) the Minister responsible for keeping the Register of Aboriginal Sites and Objects under Part 2 of the Aboriginal Heritage Act 1988 of South Australia—for the purpose of obtaining information to assist with the management and protection of Aboriginal cultural heritage in South Australia in the vicinity of the Victorian border; S. 146(1)(m) inserted by No. 11/2016 s. 87(5). (m) the Director-General appointed under the National Parks and Wildlife Act 1974 of New South Wales and responsible for maintaining the public register established under section 188F of that Act—for the purpose of obtaining information to assist with the management and protection of Aboriginal cultural heritage in New South Wales in the vicinity of the Victorian border; S. 146(1)(n) inserted by No. 11/2016 s. 87(5). (n) a person employed under Part 3 of the **Public Administration Act 2004** whose responsibilities include the assessment of applications for planning permits or amendments to planning schemes—for the purpose of obtaining information on any Aboriginal cultural heritage relating to the application; S. 146(1)(o) inserted by No. 11/2016 s. 87(5). (o) any person—for the purpose of obtaining information as to whether an Aboriginal intangible heritage agreement is required or if an agreement exists. (2) The Secretary must not allow any other person to have access to the Register except— (a) if there is a registered Aboriginal party for the area relating to the request, with the written approval of each registered Aboriginal party for that area; or (b) if there is no registered Aboriginal party for the area relating to the request, with the written approval of the Council. S. 146(3) inserted by No. 11/2016 s. 87(6). (3) An application to the Secretary for access to the Register under this section must be accompanied by the prescribed fee (if any). S. 146A inserted by No. 11/2016 s. 88.