Archaeological Consent Reviews explained
Archaeological Consent Reviews are conducted by the Heritage Council so that consent applicants or owners or custodians who are dissatisfied with a decision about an archaeological consent can have a third party review the decision.
Who can request an Archaeological Consent Review?
You can request a review of the Executive Director’s Archaeological Consent decision if you are:
- the person to whom the consent was issued or refused
- the owner of the site or artefact
- the government asset manager of the site or artefact
Requests for a review must be lodged within 28 days of the Executive Director’s decision by filling out Heritage Council Form H – Request for an Archaeological Consent Review. This form asks you to detail the reasons why you want to request a review of the decision.
Who can contribute to the Archaeological Consent Review?
A Committee of at least three (3) members of the Heritage Council will conduct the review. The Committee will notify the following people of the Review, and request they provide any additional information that will assist the Committee in conducting the review:
- the Executive Director, Heritage Victoria
- the consent applicant
- the owner or government asset manager of the place or artefact
- the responsible authority
- the relevant Municipal Council
- any person the Committee allows who can provide more information.
Additional information must be lodged with the Committee by the deadline.
If the Committee receives new information from the consent applicant, and the Committee considers the information to be material, the Committee will remit the matter to the Executive Director for reconsideration and the review will cease.
Meeting of the Committee
If the Committee considers it necessary, you may be invited to an informal meeting in relation to the review. At the meeting, the Committee may ask attendees questions that help it in making its decision.
This meeting is not a hearing. Opportunities for presentations and direct questioning between attendees will not be provided.
Withdrawing from a review
The person requesting the review may withdraw from the process by advising the Committee as soon as practicable.
Once a withdrawal notification has been received, the Committee will cease the review and the Executive Director’s original decision will stand.
Archaeological Consent Review decisions
The Heritage Council will communicate their decision by:
- writing to all parties involved in the Archaeological Consent Review
- publishing it on the Heritage Council website
- including it in the Australasian Legal Information Institute’s Victorian Law Resources database.
Further information about Archaeological Consent Reviews can be found in Heritage Council Protocol 4 – Archaeological Consent Reviews or contact the Hearings Coordinator on 03 9651 5061.
Archaeological Consent decisions under review
At present, Heritage Council is not conducting any Archaeological Consent Reviews.
Please note that any information received in relation to an archaeological consent review will be treated as public documents. While the Heritage Council will endeavour to respect any privacy wishes of which it is informed, it is bound by the Freedom of Information Act 1982. You should expect any information you provide to be freely and wholly available to anyone seeking access to it.