Cultural Heritage
Cultural heritage management plan (CHMP)
A plan required under the Aboriginal Cultural Heritage Act 2003 (Qld) when a proposed activity involves a high risk of harm to Aboriginal cultural heritage. Must be agreed between the proponent and the relevant Aboriginal party.
A plan required under the Aboriginal Cultural Heritage Act 2003 (Qld) when a proposed activity involves a high risk of harm to Aboriginal cultural heritage. Must be agreed between the proponent and the relevant Aboriginal party.
A Cultural Heritage Management Plan (CHMP) is a plan prepared under the Aboriginal Cultural Heritage Act 2003 (Qld) (ACHA) that sets out how a proposed activity will be managed to protect Aboriginal cultural heritage. A CHMP is required when the proposed activity involves a high risk of harm to cultural heritage and is not covered by a less formal agreement or duty of care assessment. The plan must be negotiated between the proponent and the relevant Aboriginal party. In a determined native title area, the relevant PBC is typically the Aboriginal party. The CHMP process gives Traditional Owners and PBCs a meaningful role in determining how activities affecting their cultural heritage are conducted. The ACHA imposes a duty of care on all persons carrying out activities to take all reasonable and practicable measures to avoid harm to Aboriginal cultural heritage, separate from and in addition to the CHMP requirement.
Related terms
Native Title Law
Traditional law and custom
The body of law and practices maintained by an Aboriginal or Torres Strait Islander group from before British sovereignty, which forms the basis of their native title claim. Courts assess whether these laws and customs have been maintained continuously to the present.
Native Title Law
Prescribed Body Corporate (PBC)
The legal entity (also called RNTBC) that holds or manages native title rights and interests on behalf of native title holders after a successful determination. Operates under the CATSI Act and is registered with ORIC.
Native Title Law
Native title
The recognition by Australian law of Aboriginal and Torres Strait Islander peoples' rights and interests in land and waters, held under traditional laws and customs. Recognised under the Native Title Act 1993 (Cth) where those rights have been maintained since before British sovereignty and have not been extinguished.
What this means in practice
Native title law uses a specialist vocabulary. Understanding what a term means in its legal context helps Traditional Owner groups, PBCs and community members follow their matter, and ask better questions of their lawyer.
If the definition above raises a question specific to your claim, compensation matter or PBC, David Saylor is available to discuss it directly.