HISTORICAL ARCHAEOLOGY FREQUENTLY ASKED QUESTIONS What is historical archaeology? Historical archaeological sites are archaeological places associated with non-Aboriginal settlement and activity in Victoria. These sites are important because they increase our understanding of the past and contain information that cannot be learned from other sources. An archaeological site may include below-ground remains such as building foundations and buried objects, and above-ground features like ruins. Above-ground structures such as old houses, bridges and stone walls may have heritage value but in most cases are not considered to be archaeological sites. The Heritage Act 1995 specifies that an archaeological place or relic must be at least 50 years old. Why should we protect archaeological sites? Archaeological sites and artefacts provide a unique physical record of Victoria’s development since European settlement. How are archaeological sites and artefacts protected in Victoria? All historical archaeological places and artefacts in Victoria are protected under the Heritage Act 1995. This applies to all historical archaeological sites in the state, including sites that are not recorded on the Victorian Heritage Inventory or Heritage Register. Section 127 of the Act specifies that it is an offence to disturb an archaeological site or artefact unless approval has been obtained from the Executive Director of Heritage Victoria. What is the Victorian Heritage Inventory? The Heritage Inventory is a list of all known historical archaeological sites and artefacts in Victoria, regardless of their level of significance. The Heritage Inventory contains information about individual archaeological places including a description of the site and its history, location, extent and cultural significance. The information is an valuable resource for developers, local government authorities, government departments, private owners, and archaeologists. Much of the information can be viewed through the Victorian Heritage Database at www.heritage.vic.gov.au. What is the difference between the Heritage Inventory and the Heritage Register? The Heritage Inventory is a list of all known historical archaeological sites and artefacts in Victoria (regardless of their level of significance). The Victorian Heritage Register lists the State’s most significant heritage places and objects. Heritage places can include buildings, trees, parks and gardens, streetscapes, archaeological sites, cemeteries, precincts, shipwrecks and structures such as bandstands. Heritage objects can include furniture, shipwrecks, relics, archaeological artefacts, equipment, transport vehicles and everyday articles that contribute to an understanding of Victoria’s history. Are archaeological sites protected by other legislation? Under the Planning and Environment Act 1987, municipal and shire councils can also protect archaeological sites which are considered to be important to the local community by including these on the Heritage Overlay of the local government planning scheme. The Commonwealth Government maintains two lists for places considered to be of significance to nation. The National Heritage List is a register of places of outstanding Indigenous, historic and/or natural heritage values. The Commonwealth Heritage List is a register of important Commonwealth owned places. Heritage places can be on one or both lists. Both lists are protected under the Environment Protection and Biodiversity Conservation Act 1999 which is administered by the Commonwealth Department of the Environment, Water, Heritage and the Arts. How are Aboriginal heritage sites protected and managed? The protection and management of non-historical archaeological sites and artefacts is addressed under the Aboriginal Heritage Act 2006, which is administered by the Office of Aboriginal Affairs Victoria Archaeological sites and artefacts that relate to contact and shared activity between Indigenous and non-Indigenous communities (such as mission sites) are regarded as both Aboriginal sites and historical archaeological sites and are protected by the Aboriginal Heritage Act 2006 and the Heritage Act 1995. Details on the Office of Aboriginal Affairs Victoria can be viewed at www.dpc.vic.gov.au/index.php/aboriginal-affairs/about-the-office-of-aboriginal-affairsvictoria. Do I need permission to disturb an archaeological site? Yes. It is necessary to obtain the approval of the Executive Director, Heritage Victoria, to authorise the disturbance of any historical archaeological site. Consents to Excavate or Damage are given for sites listed on the Heritage Inventory, and permits are given for archaeological places on the Heritage Register. Applications for consents and permits, and the fee schedules, can be downloaded form the Heritage Victoria website. Consents and permits for archaeological work, such as excavations, are only issued to qualified historical archaeologists. Will the discovery of archaeological remains prevent building or development? The management of an archaeological site depends on the significance of the findings. If archaeological remains that have a low level of significance are discovered, there will be few or no implications for a proposed project. If the archaeological remains have a higher level of significance, it is likely that some investigations will be required, possibly involving excavation and recording. These investigations may take place prior to or during the disturbance of the site. In cases where the archaeological remains are considered to be of State-level significance, it may be necessary for the site to remain undisturbed. How do I know if a place may contain an archaeological site? Over 6,800 historical archaeological sites are currently recorded on the Heritage Inventory. The Heritage Inventory records are accessible through the Victorian Heritage Database at www.heritage.vic.gov.au. However, not all archaeological sites have been identified and recorded. Sites that are not known are still protected under the Heritage Act. If there is no known listed site, it is important to do an initial investigation as early as possible to establish if a site has archaeological potential. Some factors that may indicate the possible existence of archaeological remains include: the site has or is associated with land with a long occupation history (residential, commercial or other); the site is within an acknowledged historic area, historic precinct or within the boundary of an historic settlement; the site has not been subjected to recent and extensive below-ground disturbance the site contains ruins, or scatters of historic objects; the site contains remnant non-Indigenous vegetation, such as fruit trees; the site has physical characteristics (shapes in the landscape, other formations) which indicate below-ground features; the site is close to, or associated with, a known archaeological site; or maps, historic sources or oral records indicate previous activity on the site If development or significant activities are planned for a place, it is recommended that the archaeological values or potential be assessed as early as possible to avoid delays during works. If the site is likely to contain archaeological remains, how can I investigate it further? If it is possible that a place may contain unknown archaeological remains, historical research should be conducted through local resources such as the library or historical society. This research may be undertaken by the land manager or owner with little trouble. More detailed research should be carried out by heritage professionals. In some cases it may be necessary for an archaeologist to conduct test excavations. A directory of heritage and archaeological consultants can be obtained from the Heritage Victoria website. Can I disturb or excavate a site that is on my land? Can I remove objects from a site that I own? Under the terms of the Heritage Act it is an offence to disturb any historical archaeological site unless approval is obtained from the Executive Director of Heritage Victoria, regardless of the ownership of the land. Activities such as digging for bottles, coins or other artefacts that involve the disturbance of archaeological sites constitute a breach of the Heritage Act. Who do I contact with further questions? Heritage Victoria’s archaeology team can assist with any queries. The contact details are archaeology.admin@delwp.vic.gov.au or 136 186.