Preliminary Aboriginal Heritage Test
Clarifying When a CHMP Is Required in Victoria
In Victoria, Section 49B and 49C of the Aboriginal Heritage Act 2006 (as amended) introduces the Preliminary Aboriginal Heritage Test (PAHT).
This new instrument has been created as a means of formally determining whether a proposed activity requires the preparation of a cultural heritage management plan or not under the Victorian Aboriginal heritage regime.
The PAHT attempts to remove ambiguity from the process of determining whether a CHMP is required for an activity. Previously, even when there has been some doubt, the relevant council may have accepted a planning application without a CHMP if they were satisfied one wasn’t required. This position was usually supported by some form of due diligence assessment by a Heritage Advisor which determined that a CHMP was not required. The due diligence assessment process has been unregulated since 2006, resulting in the production of assessments of varying quality and veracity.
The PAHT effectively removes the onus from council of making any decisions based on unregulated assessments (regardless of the veracity or quality of those assessments) and allows the council to ‘push’ the decision on to Aboriginal Victoria via the undertaking a PAHT.
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The requirements for a PAHT are essentially the same as those for a ‘Desktop CHMP’ therefore the PAHT will need to be prepared by a registered Heritage Advisor to the same standards as a CHMP. The costs associated with the preparation of a PAHT will most likely be commensurate with those of a Desktop CHMP. The PAHT will need to be submitted to the regulator (Aboriginal Victoria) for certification. The application for certification must be in the prescribed form and accompanied by the prescribed fee.
Aboriginal Victoria has 21 days from the receipt of the PAHT to certify that a CHMP is required or not. Requests for more information may extend this time. Failure to supply the required information to the required standards or within the time frame given by Aboriginal Victoria may result in the application for certification of the PAHT lapsing.
If the PAHT finds that a CHMP is required, and Aboriginal Victoria certify that to be correct, then a CHMP will become mandatory for that activity (Section 46 (e)).
Case Studies
Testimonials
Sector Manager | Millar Merrigan
ACHM has consistently provided us with expert advice on Aboriginal cultural heritage matters, including the preparation of Cultural Heritage Management Plans. They’re great to work with—professional, competitively priced, and reliable in meeting timeframes. Their practical approach and responsiveness make them a valued partner on our projects.
Chief Executive Officer | Banjima Native Title Aboriginal Corporation
ACHM are engaged extensively across Banjima Country and they provide exceptional expertise, professionalism, customer service and a genuine passion for preserving and promoting cultural heritage. ACHM goes beyond mere consultancy through consistently delivering professional services, solutions and best practice in every thing they do.
Senior Development Manager | Dav Consulting
We recently engaged ACHM to manage extensive Cultural Heritage Artefact Salvage Operations for an expansive and complex greenfields development site on north side of Melbourne. The diligence, open communication, efficiency and positive outcomes achieved by the ACHM Team, including in their coordination and management of the local RAP, was first class, and made my job as Development Manager substantially easier. Cannot recommend highly enough
Senior Development Manager | Avid
I have been a client of ACHM for over a decade and have engaged their services across four large-scale projects. Throughout this time, their dedication and professionalism have remained consistently impressive. ACHM excels at managing client expectations while operating sensitively within complex environments. They are highly skilled at guiding clients through cultural heritage approval processes, striking the delicate balance between client priorities and cultural sensitivities. I highly recommend ACHM for their expertise and commitment.
ABIGroup
We wish to thank yourself, Erica Walther and Shaun Canning who have at all times been professional, free to discuss potential options and provide feedback on the status of the Cultural Heritage Management Plans. We have found the ACHM team to be knowledgeable and very easy to deal with.
Environmental Coordinator, GMW Connections Project
ACHM have provided us with numerous due diligence assessments and Cultural Heritage Management Plans to both standard and complex level. They approach their scope with our project timeframes and budgets in mind, and I know I can rely on them to get the best outcome for these projects. ACHM provide pragmatic staff with great traditional owner relationships allowing for quick turnaround times.
Sector Manager | Millar Merrigan
ACHM has consistently provided us with expert advice on Aboriginal cultural heritage matters, including the preparation of Cultural Heritage Management Plans. They’re great to work with—professional, competitively priced, and reliable in meeting timeframes. Their practical approach and responsiveness make them a valued partner on our projects.
Chief Executive Officer | Banjima Native Title Aboriginal Corporation
ACHM are engaged extensively across Banjima Country and they provide exceptional expertise, professionalism, customer service and a genuine passion for preserving and promoting cultural heritage. ACHM goes beyond mere consultancy through consistently delivering professional services, solutions and best practice in every thing they do.
Senior Development Manager | Dav Consulting
We recently engaged ACHM to manage extensive Cultural Heritage Artefact Salvage Operations for an expansive and complex greenfields development site on north side of Melbourne. The diligence, open communication, efficiency and positive outcomes achieved by the ACHM Team, including in their coordination and management of the local RAP, was first class, and made my job as Development Manager substantially easier. Cannot recommend highly enough
Senior Development Manager | Avid
I have been a client of ACHM for over a decade and have engaged their services across four large-scale projects. Throughout this time, their dedication and professionalism have remained consistently impressive. ACHM excels at managing client expectations while operating sensitively within complex environments. They are highly skilled at guiding clients through cultural heritage approval processes, striking the delicate balance between client priorities and cultural sensitivities. I highly recommend ACHM for their expertise and commitment.
ABIGroup
We wish to thank yourself, Erica Walther and Shaun Canning who have at all times been professional, free to discuss potential options and provide feedback on the status of the Cultural Heritage Management Plans. We have found the ACHM team to be knowledgeable and very easy to deal with.
Environmental Coordinator, GMW Connections Project
ACHM have provided us with numerous due diligence assessments and Cultural Heritage Management Plans to both standard and complex level. They approach their scope with our project timeframes and budgets in mind, and I know I can rely on them to get the best outcome for these projects. ACHM provide pragmatic staff with great traditional owner relationships allowing for quick turnaround times.
Frequently Asked Questions
What is a Preliminary Aboriginal Heritage Test (PAHT)?
A Preliminary Aboriginal Heritage Test (PAHT) is a formal instrument introduced under Sections 49B and 49C of Victoria’s Aboriginal Heritage Act 2006. It provides a regulated mechanism for definitively determining whether a Cultural Heritage Management Plan is required for a proposed activity, removing the ambiguity that previously surrounded unregulated due diligence assessments.
When should a PAHT be prepared instead of a due diligence assessment?
A PAHT is appropriate when a due diligence assessment cannot clearly establish whether a Cultural Heritage Management Plan is required and a proponent needs formal regulatory certainty. Where due diligence clearly confirms obligations one way or the other, a PAHT is unnecessary. Australian Cultural Heritage Management advises clients on which pathway is appropriate for their specific project and site circumstances.
Who can prepare a PAHT in Victoria?
Any person seeking to determine whether a Cultural Heritage Management Plan is required for a proposed activity may prepare a PAHT. In practice, proponents typically engage a qualified Heritage Advisor, such as the team at Australian Cultural Heritage Management, to ensure the PAHT meets the prescribed form, regulatory standards, and information requirements set by Aboriginal Victoria.
What must a PAHT include?
A PAHT must include information sufficient to establish whether a Cultural Heritage Management Plan is required for the proposed activity. It must be in the prescribed form under the Aboriginal Heritage Regulations, include a statement on significant ground disturbance, detail any Aboriginal cultural heritage identified, and be submitted to Aboriginal Victoria accompanied by the prescribed fee for certification.
How long does Aboriginal Victoria have to certify a PAHT?
Aboriginal Victoria has 21 days from receipt of a PAHT to certify whether a Cultural Heritage Management Plan is required or not. This period pauses if Aboriginal Victoria requests additional information and recommences when that information is provided. Failure to supply information to the required standard within the timeframe may result in the PAHT application lapsing.
What happens if a PAHT determines a CHMP is required?
If a PAHT concludes that a Cultural Heritage Management Plan is required and Aboriginal Victoria certifies that finding, preparation of an Approved CHMP becomes mandatory for that activity under Section 46(e) of the Aboriginal Heritage Act 2006. Australian Cultural Heritage Management can manage the full CHMP process following PAHT certification, providing continuity of advice and certainty for project delivery.
Can a council demand a PAHT for all planning permit applications?
No. PAHTs are voluntary instruments and should only be prepared where it is genuinely unclear whether a Cultural Heritage Management Plan is required. Under the Aboriginal Heritage Act 2006, a responsible authority such as a local government cannot insist that a PAHT be prepared before issuing a statutory authorisation. A fee applies each time a PAHT is submitted to Aboriginal Victoria for certification.
Is a PAHT the same as a due diligence assessment?
No. A due diligence assessment is an advisory process used to inform a proponent’s understanding of their heritage obligations. A PAHT is a formally regulated instrument submitted to Aboriginal Victoria for certification. The PAHT effectively replaces the unregulated due diligence process where regulatory certainty is needed, and its outcome is binding if it requires an Approved CHMP.
What are the costs associated with a PAHT?
PAHT costs include the Heritage Advisor’s preparation fee, which is broadly equivalent to a desktop Cultural Heritage Management Plan, plus the prescribed statutory fee payable to Aboriginal Victoria for certification. A new fee is required each time a PAHT is submitted or resubmitted. Australian Cultural Heritage Management provides transparent cost estimates at the outset to support project budget planning.
What happens to a PAHT once it is certified by Aboriginal Victoria?
Once certified, a PAHT is placed on the Victorian Aboriginal Heritage Register (VAHR), where it is publicly visible. The certificate is attached to the supporting information submitted in the application. The certified PAHT’s conclusions are binding. If it requires an Approved CHMP, compliance with that requirement is mandatory. If it confirms no CHMP is needed, the responsible authority can proceed with confidence.
Does a PAHT apply outside Victoria?
The PAHT is specific to Victoria under the Aboriginal Heritage Act 2006. Other Australian states and territories have their own mechanisms for determining heritage assessment obligations. For example, due diligence assessments in New South Wales or prescribed processes under Western Australian heritage legislation. Australian Cultural Heritage Management advises proponents on the correct pathway in every Australian jurisdiction.
Who decides whether a certified PAHT can be appealed?
There are no appeal provisions for PAHT certification decisions, as the application process is voluntary. However, compliance with the outcome is mandatory if the certified PAHT requires an Approved CHMP for the proposed activity. Proponents who disagree with a PAHT outcome should seek specialist advice immediately. Australian Cultural Heritage Management can provide expert guidance on available options and next steps following certification.
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