Victorian Numbered Acts Victorian Numbered Acts(1) Subject to this section, a person may apply to the Executive Director for a consent authorising the person—
(a) to excavate or uncover a site recorded in the Heritage Inventory or an archaeological site which is not recorded in the Heritage Inventory; or
(b) to damage or disturb a site recorded in the Heritage Inventory or an archaeological site which is not recorded in the Heritage Inventory; or
(c) to damage or disturb an archaeological artefact, including for the purposes of study, conservation or exhibition; or
(d) to possess an archaeological artefact for the purposes of sale; or
(e) to buy or sell an archaeological artefact.
(2) An application under subsection (1) must—
(a) be in the prescribed form; and
(b) be accompanied by the prescribed fee (if any); and
(c) if necessary, include the consent of the owner or government asset manager of the site or archaeological artefact.
(3) In determining whether to issue a consent under this section, the Executive Director must consider—
(a) any relevant archaeological, historical or other research; and
(b) the potential of the site or archaeological artefact to contribute to such knowledge.
(4) After considering a consent application, the Executive Director may—
(a) approve the application and—
(i) issue the consent; or
(ii) issue the consent for some of the proposed works or activities specified in the application; or
(b) refuse the application.
(5) If the Executive Director determines to refuse the application , the Executive Director must give the applicant written notice of the refusal within 7 days after making the determination.
(6) A notice under subsection (5) must include—
(a) a statement of reasons for the refusal; and
(b) a statement of the applicant's rights of review under this Part.
(7) A consent under this section may be issued subject to the following terms and conditions—
(a) that the activity authorised by the consent be supervised by a person with appropriate professional qualifications and experience as specified in the consent;
(b) that archaeological artefacts found in the course of the activity authorised by the consent are to be conserved and curated in a way specified in the consent;
(c) any other terms and conditions that the Executive Director considers fit.
(8) This section does not apply to a registered archaeological place or a registered archaeological artefact.
Note
A permit or permit exemption under this Act is required to do certain things in relation to registered archaeological places or registered archaeological artefacts.