Aboriginal Heritage Act 1988 (SA)

South Australia Aboriginal Heritage Act 1988 An Act to provide for the protection and preservation of the Aboriginal heritage; to repeal the Aboriginal and Historic Relics Preservation Act 1965 and the Aboriginal Heritage Act 1979; and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Act binds Crown Part 2—Administration Division 1—General 5 Functions of the Minister 6 Delegation 7 Aboriginal Heritage Committee 8 Functions of the Committee 9 Central and local archives 10 Confidentiality of archives 11 Effect of entries in the Register 12 Determination of whether site or object is an Aboriginal site or object 13 Consultation on determinations, authorisations and regulations 14 Authorisations subject to conditions Division 2—Inspectors 15 Inspectors 16 Identification 17 Powers 17A Warrants 17B Self-incrimination 18 Offences Division 3—South Australian Aboriginal Heritage Fund 19 The Fund Part 2A—Aboriginal Heritage Guidelines 19A Minister may publish guidelines Part 2B—Recognised Aboriginal Representative Bodies 19B Recognised Aboriginal Representative Bodies 19C Priority where multiple applications 19D Additional functions of Recognised Aboriginal Representative Body 19E Revocation and suspension of appointment of Recognised Aboriginal Representative Body by Committee 19F Revocation of appointment of Recognised Aboriginal Representative Body by Minister 19G Register Part 3—Protection and preservation of Aboriginal heritage Division A1—Agreement making with Recognised Aboriginal Representative Bodies 19H Negotiation of agreement with Recognised Aboriginal Representative Body 19I Approval of local heritage agreement by Minister 19J Minister to grant certain authorisations where local heritage agreement approved 19K Enforcement of local heritage agreement 19L Interaction of Division with other provisions Division A2—Agreements affecting Aboriginal heritage under other Acts 19M Application of Division 19N Approval of agreements to which Division applies 19O Variation, revocation or suspension of approval 19P Certain provisions of Part not to apply in relation to acts done under approved agreements Division A3—Register 19Q Register Division 1—Discovery, protection and management of Aboriginal sites, objects and remains 20 Reporting discovery of sites, objects or remains where person not acting under Ministerial authorisation 20A Cessation of activity and reporting to Minister on discovery etc of certain sites, objects or remains while acting under authorisation 21 Excavating sites, objects or remains 22 Access to and excavation of land by authorised persons 23 Damaging, disturbing or interfering with sites, objects or remains 24 Directions by Minister for protection and preservation of sites, objects or remains 25 Directions by inspector for protection and preservation of sites, objects or remains 26 Failure to comply with directions of Minister or inspector 27 Entry by officials 28 Care of Aboriginal objects Division 3—Control of sale of, and other dealings with, Aboriginal objects 29 Control of sale of and other dealings with objects Division 4—Acquisition and custody of Aboriginal sites, objects and records 30 Acquisition of land 31 Acquisition of objects and records 32 Surrender of objects and records 33 Forfeiture of objects 34 Custody of land, objects and records Division 5—Protection of traditions 35 Divulging information contrary to Aboriginal tradition 36 Access to land by Aboriginal people 37 Preservation of right to act according to tradition Division 6—Aboriginal heritage agreements 37A Aboriginal heritage agreements 37B Effect of Aboriginal heritage agreement 37C Registration of Aboriginal heritage agreements 37D Enforcement of Aboriginal heritage agreements Part 3A—Additional court orders where contravention of Act 37DA Court may make additional orders where contravention of Act Part 4—Miscellaneous 37E Applications under Act 38 Interference with signs 39 Service 41 Vicarious liability 42 Failure to consult etc traditional owners 43 Evidence 45 Commencement of prosecutions 46 Regulations Schedule 1—Repeal of Acts Schedule 3—Transitional provisions Legislative history