{"id":"aboriginal-heritage-act-1988","name":"Aboriginal Heritage Act 1988","slug":"aboriginal-heritage-act-1988","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31382,"registerId":"sa-aboriginal-heritage-act-1988-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\nDivision 1—General\n5—Functions of the Minister\n\t(1)\tThe functions of the Minister under this Act are—\n\t(a)\tto take such measures as are practicable for the protection and preservation of Aboriginal sites, objects and remains; and\n\t(b)\tto conduct, direct or assist searches for the purpose of discovering Aboriginal sites or objects; and\n\t(c)\tto conduct, direct or assist research into the Aboriginal heritage; and\n\t(d)\tto carry out any other function assigned to the Minister under this Act.\n\t(2)\tThe Minister must, in carrying out functions under this Act, consider any relevant recommendations of the Committee.\n6—Delegation\n\t(1)\tThe Minister may delegate any of the Minister's powers or functions under this Act.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be subject to such conditions as the Minister considers appropriate; and\n\t(c)\tmay authorise the sub-delegation of a specified power; and\n\t(d)\tif made to the holder of a specified office or position, empowers any person holding or acting in the office or position to exercise the delegated powers; and\n\t(e)\tis revocable at will; and\n\t(f)\tdoes not prevent the Minister from acting personally in any matter.\n7—Aboriginal Heritage Committee\n\t(1)\tThe Aboriginal Heritage Committee is established.\n\t(2)\tThe Committee consists of Aboriginal persons appointed, as far as is practicable, from all parts of the State by the Minister to perform the functions required under this Act and to represent the interests of Aboriginal people throughout the State in the protection and preservation of the Aboriginal heritage.\n\t(3)\tThe Minister must, as far as is practicable, appoint equal numbers of men and women to the Committee.\n\t(4)\tThe members of the Committee will be appointed on such conditions and for such terms as the Minister considers appropriate.\n\t(5)\tThe Committee may, with the approval of the Minister, establish subcommittees (which may—but need not—consist of or include members of the Committee) to investigate and report to the Committee on any matter.\n\t(6)\tA member of the Committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with Aboriginal persons generally, or a substantial section of Aboriginal persons.\n8—Functions of the Committee\n\t(1)\tThe functions of the Committee are—\n\t(a)\tto advise the Minister, either on its own initiative or at the request of the Minister, with respect to—\n\t(i)\tthe making of entries in the central archives and the removal of any such entry; and\n\t(ii)\tmeasures that should, in the Committee's opinion, be taken for the protection or preservation of Aboriginal sites, objects or remains; and\n\t(iii)\tthe appointment of suitable persons as inspectors for the purposes of this Act; and\n\t(iiia)\tAboriginal heritage agreements; and\n\t(iv)\tany other matter related to the administration or operation of this Act or to the protection or preservation of the Aboriginal heritage; and\n\t(b)\tto carry out any other function assigned to the Committee by this Act or by the Minister.\n9—Central and local archives\n\t(1)\tThe Minister must keep central archives relating to the Aboriginal heritage.\n\t(2)\tPart of the central archives (to be entitled the \"Register of Aboriginal Sites and Objects\") must contain entries describing, with sufficient particularity to enable them to be readily identified, sites or objects determined by the Minister to be Aboriginal sites or objects.\n\t(3)\tThe Minister must not remove an entry from the Register of Aboriginal Sites and Objects unless the Minister determines that the site or object to which the entry relates is not an Aboriginal site or object.\n\t(4)\tThe Minister may assist (financially or in any other manner) an Aboriginal organisation to keep local archives relating to the Aboriginal heritage.\n10—Confidentiality of archives\n\t(1)\tThe confidentiality of information entered in the central or local archives that relates to an Aboriginal site or object must be maintained unless—\n\t(a)\tthe traditional owners of the site or object have approved disclosure of the information; or\n\t(b)\twhere all reasonable steps have been taken to consult the traditional owners but the Minister or organisation keeping the archives is satisfied that there are no traditional owners or that they cannot be identified or located, the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information; or\n\t(c)\tthe information is made available by the Minister in response to an application under section 12.\n\t(2)\tThe confidentiality of information entered in the central or local archives that does not relate to an Aboriginal site or object must be maintained unless the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information.\n\t(3)\tThe disclosure of information from the central or local archives must be on such conditions (if any) as are stipulated by—\n\t(a)\tthe traditional owners; and\n\t(b)\tin the case of information made available from—\n\t(i)\tthe central archives, the Committee; and\n\t(ii)\tlocal archives, the organisation keeping the archives.\n\t(4)\tA person must not—\n\t(a)\tdisclose information from the central or local archives contrary to this section; or\n\t(b)\tfail to comply with a condition referred to in subsection (3).\nMaximum penalty: $250 000 or imprisonment for 2 years or both.\n11—Effect of entries in the Register\nIn any legal proceedings—\n\t(a)\ta site or object will be conclusively presumed to be an Aboriginal site or object if it is entered in the Register of Aboriginal Sites and Objects; and\n\t(b)\ta site or object will be conclusively presumed not to be an Aboriginal site or object if the Minister has determined that it should not be entered in the Register and the Minister has not reversed that determination.\n12—Determination of whether site or object is an Aboriginal site or object\n\t(1)\tIf a person proposes to take action in relation to a particular object and that action may constitute an offence against this Act if the object is an Aboriginal object, the person may apply to the Minister under this section.\n\t(2)\tOn an application under subsection (1), the Minister must—\n\t(a)\tif the object is entered in the Register of Aboriginal Sites and Objects, give the applicant written notice that it is so entered;\n\t(b)\tif the object is not entered in the Register, determine whether it should be so entered and give the applicant written notice of the determination.\n\t(3)\tIf a person proposes to take action in relation to a particular area and that action may constitute an offence against this Act if the area is, is part of or includes an Aboriginal site or if an Aboriginal object is located in the area, the person may apply to the Minister under this section.\n\t(4)\tOn an application under subsection (3), the Minister must—\n\t(a)\tdetermine whether any entries should be made in the Register of Aboriginal Sites and Objects in relation to sites or objects in the area that are not so entered and give the applicant written notice of the determination; or\n\t(b)\tsubject to subsection (5), give the applicant written notice of the location of each Aboriginal site or object in the area that is entered, or that the Minister has determined should be entered, in the Register.\n\t(5)\tThe Minister must not disclose the exact location of a site or object if, in the Minister's opinion, the disclosure is likely to be detrimental to the protection or preservation of the site or object or to be in contravention of Aboriginal tradition.\n\t(6)\tThe Minister may, within 20 working days after receiving an application, require an applicant to provide information in connection with the application or to engage an expert acceptable to the Minister to do so.\n\t(7)\tWhere the Minister requires information to be provided under subsection (6), the Minister must determine the application within 30 working days of receiving that information.\n\t(8)\tThe Minister may refuse to entertain an application under this section on the grounds—\n\t(a)\tthat the area or object is insufficiently identified; or\n\t(b)\tthat the application is not genuine; or\n\t(c)\tthat the Minister does not have the resources to determine the application.\n13—Consultation on determinations, authorisations and regulations\n\t(1)\tThe Minister must—\n\t(a)\tbefore making a determination under this Act; or\n\t(b)\tbefore giving an authorisation under this Act; or\n\t(c)\tbefore a site or object is declared by regulation to be an Aboriginal site or object or is excluded by regulation from the ambit of the definition of Aboriginal site or object,\ntake all reasonable steps to consult with—\n\t(d)\tthe Committee; and\n\t(e)\tany Aboriginal organisation that, in the opinion of the Minister, has a particular interest in the matter; and\n\t(f)\tany—\n\t(i)\ttraditional owners; and\n\t(ii)\tother Aboriginal persons,\n\t(2)\tWhen determining whether an area of land is an Aboriginal site or an object is an Aboriginal object, the Minister must accept the views of the traditional owners of the land or object on the question of whether the land or object is of significance according to Aboriginal tradition.\n\t(3)\tThis section does not apply to—\n\t(a)\ta determination under section 24(8); or\n\t(b)\tan authorisation under section 27 or 36; or\n\t(c)\tan authorisation under Part 3 in relation to which a local heritage agreement has been approved under section 19I;or\n\t(d)\tan amendment of an authorisation under Part 3 Division 1 or 3 (not being an amendment that has the effect of authorising 1 or more of the following:\n\t(i)\texcavation for the purposes of uncovering additional Aboriginal sites, objects or remains;\n\t(ii)\tdamaging or disturbing additional Aboriginal sites, objects or remains;\n\t(iii)\tinterference with or removal of additional Aboriginal sites, objects or remains); or\n\t(e)\ta repeal of an authorisation under Part 3 Division 1 or 3; or\n\t(f)\tan authorisation under section 45.\n14—Authorisations subject to conditions\n\t(1)\tAn authorisation may be given by the Minister under this Act on such conditions as the Minister considers appropriate.\n\t(2)\tA person who, without reasonable excuse, contravenes or fails to comply with a condition of an authorisation under this Act is guilty of an offence.\n","sortOrder":0},{"sectionNumber":"Div 2","sectionType":"division","heading":"Inspectors","content":"Division 2—Inspectors\n15—Inspectors\n\t(1)\tThe Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of this Act.\n\t(2)\tThe Minister may, in the instrument of appointment—\n\t(a)\tlimit the area in which the inspector may act;\n\t(b)\trestrict the powers that the inspector may exercise;\n\t(c)\tauthorise the inspector to give instructions in relation to a particular Aboriginal site or object.\n\t(3)\tThe traditional owners of an Aboriginal site or object may inform the Minister, by notice in writing, that they object to an inspector named in the notice exercising powers under this Act in relation to the site or object, and, in that event, the inspector must not exercise those powers in relation to the site or object.\n16—Identification\n\t(1)\tThe Minister must provide an inspector with a certificate of appointment setting out any limitations, restrictions or authorisations attaching to the appointment.\n\t(2)\tAn inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise, powers under this Act, produce the inspector's certificate of appointment.\n17—Powers\n\t(1)\tAn inspector may, for the purposes of this Act—\n\t(a)\tat any reasonable time enter any land for the purpose of inspecting an Aboriginal site or object or a site or object that the inspector has reason to believe is an Aboriginal site or object;\n\t(b)\tat any reasonable time enter and inspect any land, premises, vehicle or place for the purpose of determining whether a provision of this Act is being or has been contravened or complied with;\n\t(ba)\tat any reasonable time enter and inspect land for the purposes of determining whether an Aboriginal heritage agreement entered into under this Act is being, or has been, complied with;\n\t(bb)\tin the following circumstances, use reasonable force to break into or open any part of, or anything in or on, any land, premises, vehicle or place:\n\t(i)\twith the authority of a warrant issued under section 17A;\n\t(ii)\tif the inspector reasonably believes that immediate action is required;\n\t(iii)\twith the permission of the owner of the land, premises, vehicle or place;\n\t(c)\tseize and retain—\n\t(i)\tan Aboriginal object in relation to which the inspector has reason to suspect that an offence has been or is about to be committed;\n\t(ii)\tanything used in, or that affords evidence of, a contravention of this Act;\n\t(d)\texercise reasonable force to prevent the commission of an offence against this Act, or the continuance of such an offence;\n\t(e)\trequire a person whom the inspector reasonably suspects of having committed or being about to commit an offence against this Act to state the person's full name and usual residential or business address;\n\t(f)\trequire a person holding or required to hold an authorisation under this Act to produce that authorisation for inspection;\n\t(g)\trequire any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act;\n\t(h)\texamine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information;\n\t(i)\ttake photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act;\n\t(j)\ttake onto or into any land, premises, vehicle or place, and use, any equipment or apparatus (including, for example, ground penetrating radar, audio visual recording equipment or other measuring or recording apparatus) as reasonably required in connection with the administration or enforcement of this Act;\n\t(k)\trequire a person who the inspector reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity;\n\t(l)\tgive any directions reasonably required in connection with the exercise of a power conferred by a preceding paragraph.\n\t(2)\tWhere an inspector is authorised by the Minister to give directions in relation to a particular Aboriginal site or object, the inspector may, for the purpose of averting harm to the site or object, give reasonable instructions to any person visiting the site or in the immediate vicinity of the site or object.\n\t(3)\tWhere anything is seized by an inspector, the inspector must forthwith report the matter to the Minister.\n\t(4)\tIn the exercise of powers under this Act an inspector may be assisted by such persons as are, in the inspector's opinion, necessary or desirable in the circumstances.\n\t(5)\tThe powers conferred by this section must not be exercised contrary to a direction of the Minister.\n17A—Warrants\n\t(1)\tWhere, on the application of an inspector, a magistrate is satisfied that there are reasonable grounds to believe—\n\t(a)\tthat a contravention of this Act has been, is being, or is about to be, committed in or on specified land, premises, a vehicle or place; or\n\t(b)\tthat something may be found in or on specified land, premises, vehicle or place that has been used in, or constitutes evidence of, a contravention of this Act,\nthe magistrate may issue a warrant in respect of the land, premises, vehicle or place authorising an inspector, with such assistants as the inspector considers necessary, to use reasonable force to break into or open any part of, or anything in or on, the land, premises, vehicle or place specified in the warrant.\n\t(2)\tAn application for the issue of a warrant may be made either personally or by telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tAn application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally.\n\t(5)\tWhere an application for the issue of a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the magistrate of their name and identify themselves as an inspector, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an inspector;\n\t(b)\tthe applicant must inform the magistrate of the grounds on which they seek the issue of the warrant;\n\t(c)\tif it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the magistrate must inform the applicant of the facts on which they relied as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts on which they relied as grounds for the issue of the warrant;\n\t(e)\tthe warrant will be taken to have been issued, and will come into force, when signed by the magistrate;\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(6)\tAn inspector who executes a warrant must, as soon as practicable after execution of the warrant—\n\t(a)\tprepare a notice in the prescribed form containing—\n\t(i)\ttheir name and a statement that they are an inspector under this Act; and\n\t(ii)\tthe name of the magistrate who issued the warrant and the date and time of its issue; and\n\t(iii)\ta description of the land, premises, vehicle or place to which the warrant relates and of the authority conferred by the warrant; and\n\t(b)\tgive the notice to the occupier or person apparently in charge of the land, premises, vehicle or place in respect of which the warrant was issued or leave it for them in a prominent position on the land, premises, vehicle or place.\n\t(7)\tA warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.\n17B—Self-incrimination\n\t(1)\tIt is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tIf compliance by a natural person with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then—\n\t(a)\tin the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n18—Offences\nA person must not, without reasonable excuse—\n\t(a)\thinder or obstruct an inspector, or any person assisting an inspector, in the exercise of a power conferred by this Act;\n\t(b)\tcontravene a requirement or reasonable instruction of an inspector under this Act, or a direction of an inspector under section 17.\nDivision 3—South Australian Aboriginal Heritage Fund\n19—The Fund\n\t(1)\tThe South Australian Aboriginal Heritage Fund is established and administered by the Minister.\n\t(2)\tThe Fund consists of—\n\t(a)\tmoney received from the Government of the Commonwealth for the purposes of this Act; and\n\t(b)\tmoney appropriated by Parliament for the purposes of this Act; and\n\t(c)\tincome paid into the Fund under subsection (5); and\n\t(d)\tall money received by the Minister for the purposes of this Act; and\n\t(e)\tpenalties recovered in respect of offences against this Act; and\n\t(f)\tamounts paid to the Crown in accordance with an order under section 37DA.\n\t(3)\tThe Fund must be kept in a separate account at the Treasury.\n\t(4)\tAny money standing to the credit of the Fund that is not for the time being required for the purposes of this Act may be invested by the Treasurer.\n\t(5)\tIncome from investment of the Fund will, at the direction of the Treasurer, be paid into the Fund, or into the Consolidated Account.\n\t(6)\tThe Minister may, for the purposes of this Act, borrow money from the Treasurer or, with the approval of the Treasurer, from any other person.\n\t(7)\tThe Minister may apply the Fund—\n\t(a)\tin acquiring land or Aboriginal objects or records under this Act;\n\t(b)\tin making grants or loans to persons or bodies undertaking research into, or in relation to, the Aboriginal heritage;\n\t(c)\tin making payments under an Aboriginal heritage agreement entered into by the Minister under this Act;\n\t(d)\tin the administration of this Act;\n\t(e)\tfor any other purpose related to the protection or preservation of the Aboriginal heritage.\n","sortOrder":1},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Aboriginal Heritage Guidelines","content":"Part 2A—Aboriginal Heritage Guidelines\n19A—Minister may publish guidelines\n\t(1)\tThe Minister may, by notice in the Gazette, publish guidelines in relation to the operation of this Act (the Aboriginal Heritage Guidelines).\n\t(2)\tThe Minister may, by subsequent notice in the Gazette, substitute, vary or revoke the guidelines.\n\t(3)\tBefore publishing the guidelines, or substituting or varying the guidelines, the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit).\n\t(4)\tThe Minister must cause a copy of the guidelines—\n\t(a)\tto be published on a website determined by the Minister; and\n\t(b)\tto be kept available for public inspection, without charge and during ordinary office hours, at an office or offices determined by the Minister.\n","sortOrder":2},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Recognised Aboriginal Representative Bodies","content":"Part 2B—Recognised Aboriginal Representative Bodies\n19B—Recognised Aboriginal Representative Bodies\n\t(1)\tFor the purposes of this Act, the Recognised Aboriginal Representative Body for—\n\t(a)\ta specified area; or\n\t(b)\ta specified Aboriginal site or sites; or\n\t(c)\ta specified Aboriginal object or objects; or\n\t(d)\tspecified Aboriginal remains,\nis to be determined in accordance with this Part.\n\t(2)\tAnangu Pitjantjatjara Yankunytjatjara will be taken to be the Recognised Aboriginal Representative Body in respect of the lands (within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981).\n\t(3)\tMaralinga Tjarutja will be taken to be the Recognised Aboriginal Representative Body in respect of the lands (within the meaning of the Maralinga Tjarutja Land Rights Act 1984).\n\t(4)\tSubject to this Part, a registered native title body corporate (within the meaning of the Native Title Act 1993 of the Commonwealth) will be taken to be appointed as the Recognised Aboriginal Representative Body in respect of the area that is the subject of the relevant native title determination under that Act (including, to avoid doubt, areas within that area in which native title has been extinguished or suppressed).\n\t(5)\tHowever, an appointment under subsection (4) will only have effect if the appointment is approved by the Committee (and, to avoid doubt, the Committee may refuse to approve an appointment for any reason the Committee thinks fit).\n\t(6)\tIf the Committee refuses to approve an appointment under subsection (4), that subsection will be taken to no longer apply in respect of the area that is the subject of the relevant native title determination.\n\t(7)\tA registered native title body corporate that would, but for this subsection, be taken to be appointed as the Recognised Aboriginal Representative Body in respect of a particular area may, by notice given in a manner and form determined by the Committee, elect not to be the Recognised Aboriginal Representative Body in respect of the area, a specified part of the area or a specified Aboriginal site, object or remains within the area.\n\t(8)\tOn giving notice under subsection (7)—\n\t(a)\tthe appointment of the registered native title body corporate as the Recognised Aboriginal Representative Body in respect of the area will be taken to have been revoked; and\n\t(b)\tif the notice relates to a specified part of an area, or a specified Aboriginal site, object or remains within the area—the registered native title body corporate will be taken to be appointed in respect of the remainder of the area; and\n\t(c)\tsubsection (4) will be taken to no longer apply in respect of the area, or the specified part of the area or specified Aboriginal site, object or remains (as the case requires).\n\t(9)\tThe Committee may, on application, appoint the following persons or bodies as the Recognised Aboriginal Representative Body in respect of a specified area:\n\t(a)\tin respect of an area that is the subject of a claim to hold native title under the Native Title Act 1993 of the Commonwealth—the registered native title claimants (within the meaning of that Act) in respect of the claim, or specified members of the registered native title claimants;\n\t(b)\tin respect of an area that is the subject of an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth and is not an area contemplated by subsection (2), (3) or (4)—an Aboriginal party to that agreement, or specified members of an Aboriginal party to the agreement.\n\t(10)\tThe Committee may, on application, appoint a person or body as the Recognised Aboriginal Representative Body in respect of a specified area (other than an area in respect of which there is already a Recognised Aboriginal Representative Body pursuant to subsection (2), (3) or (4)) or a specified Aboriginal site, object or remains.\n\t(11)\tAn application under this section must, if the Committee so requires, be accompanied by—\n\t(a)\tif a determination of native title covers all or part of any land to which the application relates—a copy of the determination; and\n\t(b)\tif an indigenous land use agreement has been entered in respect of all or part of any land to which the application relates—a copy of the agreement; and\n\t(c)\tif an agreement under Part 2 Division 3 Subdivision P of the Native Title Act 1993 of the Commonwealth has been entered in respect of all or part of any land to which the application relates—a copy of the agreement; and\n\t(d)\tif a native title mining agreement or native title mining determination under the Mining Act 1971 or the Opal Mining Act 1995 applies in respect of all or part of any land to which the application relates—a copy of the agreement or determination (as the case requires); and\n\t(e)\tif the application relates to a particular area—a description and map of the area in a form determined by the Committee; and\n\t(f)\tif the applicant is a registered native title body corporate—a copy of the constitution and rules of the body corporate; and\n\t(g)\tany other document or information that the Committee may reasonably require.\n\t(12)\tBefore appointing a person or body as a Recognised Aboriginal Representative Body under subsection (9) or (10), the Committee—\n\t(a)\tmust be satisfied that the person or body—\n\t(i)\tis able to ascertain and represent the views and knowledge of traditional owners of the relevant area in respect of matters relevant to the operation of this Act (including matters that involve gender‑specific requirements, or some other qualification, according to the traditions of the traditional owners); and\n\t(ii)\tsatisfies any other requirements set out in the regulations or the guidelines for the purposes of this paragraph; and\n\t(b)\tmust comply with any requirements set out in the regulations for the purpose of this paragraph.\n\t(13)\tThe Committee may give written reasons in relation to an appointment or other decision under this section.\n\t(14)\tA Recognised Aboriginal Representative Body must be a body corporate that—\n\t(a)\thas perpetual succession and a common seal; and\n\t(b)\tcan sue and be sued in its corporate name.\n\t(15)\tIf a document appears to bear the common seal of a Recognised Aboriginal Representative Body, it will be presumed, in the absence of proof to the contrary, that the common seal of the Recognised Aboriginal Representative Body was duly fixed to the document.\n19C—Priority where multiple applications\n\t(1)\tIf there is more than 1 application under section 19B for appointment as a Recognised Aboriginal Representative Body in respect of a particular area, or a particular Aboriginal site, object or remains, the Committee should give priority to the applicant that the available evidence suggests has the strongest affiliation with, and responsibility for, the area, site, object or remains in accordance with Aboriginal tradition.\n\t(2)\tWithout limiting subsection (1), the Committee may, if it considers it appropriate to do so, attempt to resolve any dispute relating to the applications by mediation between the parties.\n19D—Additional functions of Recognised Aboriginal Representative Body\nIn addition to any function expressly conferred by or under this Act, the functions of a Recognised Aboriginal Representative Body include—\n\t(a)\tadvising the Minister in relation to matters affecting Aboriginal heritage in respect of the area for which the Recognised Aboriginal Representative Body is appointed; and\n\t(b)\tcarrying out other functions assigned to the Recognised Aboriginal Representative Body under any other Act or by the Minister.\n19E—Revocation and suspension of appointment of Recognised Aboriginal Representative Body by Committee\n\t(1)\tThe Committee must, by notice in writing, revoke the appointment of a Recognised Aboriginal Representative Body (other than Anangu Pitjantjatjara Yankunytjatjara or Maralinga Tjarutja in their capacity as Recognised Aboriginal Representative Bodies for their respective lands) at the request of the Recognised Aboriginal Representative Body.\n\t(2)\tThe Committee may, by notice in writing, revoke or suspend the appointment of a Recognised Aboriginal Representative Body appointed under section 19B(9) or (10) if—\n\t(a)\tthe Recognised Aboriginal Representative Body no longer satisfies the requirements contemplated by section 19B(12)(a); or\n\t(b)\tthe Recognised Aboriginal Representative Body has failed or refused, or is likely to fail or refuse, to perform a function under this Act; or\n\t(c)\tthe Recognised Aboriginal Representative Body has acted in a manner that is, in the Committee's opinion, at variance with the objects of this Act.\n\t(3)\tThe revocation of the appointment of a Recognised Aboriginal Representative Body under this section does not, of itself—\n\t(a)\taffect any right or interest created or exercisable prior to the revocation; or\n\t(b)\taffect any duty, obligation or liability imposed, created or incurred prior to the revocation; or\n\t(c)\taffect any legal proceedings or remedy in respect of any of the matters referred to in a previous paragraph.\n\t(4)\tA previous act or decision of a Recognised Aboriginal Representative Body is not invalid merely because the appointment of the Recognised Aboriginal Representative Body is revoked under this section.\n19F—Revocation of appointment of Recognised Aboriginal Representative Body by Minister\n\t(1)\tThe Minister may, on application or on his or her own motion, by notice in writing, revoke the appointment of a Recognised Aboriginal Representative Body for any reason he or she thinks fit (including, but not limited to, the reasons set out in section 19E(2)).\n\t(2)\tTo avoid doubt, subsection (1) does not apply in relation to Anangu Pitjantjatjara Yankunytjatjara or Maralinga Tjarutja in their capacity as Recognised Aboriginal Representative Bodies for their respective lands.\n\t(3)\tThe Minister may, if he or she revokes the appointment of a Recognised Aboriginal Representative Body under this section, do 1 or more of the following:\n\t(a)\tappoint a specified person or body as the Recognised Aboriginal Representative Body in substitution for that Recognised Aboriginal Representative Body;\n\t(b)\treappoint the relevant person or body as the Recognised Aboriginal Representative Body in respect of an area (other than a specified part of the area, or specified Aboriginal sites, objects or remains located within the area);\n\t(c)\tgive such directions as the Minister thinks fit to the Committee in relation to subsequent appointments of a Recognised Aboriginal Representative Body in respect of the relevant area, or a specified Aboriginal site, object or remains.\n\t(4)\tBefore revoking the appointment of a Recognised Aboriginal Representative Body under this section, or taking action under subsection (3), the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit).\n\t(5)\tIf—\n\t(a)\tthe Minister revokes the appointment of a Recognised Aboriginal Representative Body taken to be appointed under section 19B(4); or\n\t(b)\trevokes such an appointment and reappoints the person or body as the Recognised Aboriginal Representative Body in respect of the area (other than a specified part of the area, or specified Aboriginal sites, objects or remains located within the area),\nthat subsection will be taken to no longer apply in respect of the area, the specified part of the area or specified Aboriginal site, object or remains located within the area (as the case requires).\n\t(6)\tThe revocation of the appointment of a Recognised Aboriginal Representative Body under this section does not, of itself—\n\t(a)\taffect any right or interest created or exercisable prior to the revocation; or\n\t(b)\taffect any duty, obligation or liability imposed, created or incurred prior to the revocation; or\n\t(c)\taffect any legal proceedings or remedy in respect of any of the matters referred to in a previous paragraph.\n\t(7)\tA previous act or decision of a Recognised Aboriginal Representative Body is not invalid merely because the appointment of the Recognised Aboriginal Representative Body is revoked under this section.\n19G—Register\n\t(1)\tThe Committee must establish and maintain a register of Recognised Aboriginal Representative Bodies.\n\t(2)\tThe register must contain the information required by the regulations in respect of each Recognised Aboriginal Representative Body, and may contain such other information as the Committee thinks fit.\n\t(3)\tThe register may only be inspected in accordance with the regulations.\n","sortOrder":3},{"sectionNumber":"Part 3","sectionType":"part","heading":"Protection and preservation of Aboriginal heritage","content":"Part 3—Protection and preservation of Aboriginal heritage\nDivision A1—Agreement making with Recognised Aboriginal Representative Bodies\n19H—Negotiation of agreement with Recognised Aboriginal Representative Body\n\t(1)\tSubject to this Act, an applicant for an authorisation under section 21 or 23 (the proponent) may, if there is a Recognised Aboriginal Representative Body in respect of an area, or in respect of an Aboriginal site, object or remains, to which the application relates—\n\t(a)\tnegotiate with the Recognised Aboriginal Representative Body; and\n\t(b)\tenter into an agreement (a local heritage agreement) with the Recognised Aboriginal Representative Body,\nin respect of the area, site, object or remains to which the application relates.\n\t(2)\tA Recognised Aboriginal Representative Body may refuse to negotiate or enter an agreement under this section for any reason it thinks fit.\n\t(3)\tEach person or body taking part in negotiations under subsection (1) must do so in good faith.\n\t(4)\tA local heritage agreement must contain the provisions, and set out the information, required by the regulations and the guidelines (and may contain any other provisions the parties to the agreement think fit).\n\t(5)\tWithout limiting subsection (4), the regulations may require a local heritage agreement to contain—\n\t(a)\ta provision limiting the costs or charges payable in relation to the agreement (whether by reference to a specified amount, a proportion of the total costs of a specified project or otherwise); or\n\t(b)\tprovisions relating to dispute resolution.\n\t(6)\tA local heritage agreement does not have effect until it has been approved by the Minister under section 19I, and, following such approval, has effect—\n\t(a)\tif a commencement day that falls earlier than the day on which the authorisation to which the agreement relates takes effect is specified in the agreement—from that day; or\n\t(b)\tin any other case—from the time the authorisation to which the agreement relates takes effect,\nand remains in force until—\n\t(c)\tif the agreement specifies a day on which it ceases to have effect—that day; or\n\t(d)\t—\n\t(i)\tthe authorisation to which the agreement relates ceases to have effect; and\n\t(ii)\tall requirements under the agreement have been satisfied; or\n\t(e)\tthe agreement is revoked in accordance with this Act,\nwhichever occurs first.\n\t(7)\tA local heritage agreement may, with the written agreement of all parties to the agreement and with the approval of the Minister, be varied or revoked.\n19I—Approval of local heritage agreement by Minister\n\t(1)\tA local heritage agreement must be submitted to the Minister for approval in a manner and form determined by the Minister.\n\t(2)\tThe Minister must, as soon as is reasonably practicable after receipt of the agreement, determine whether or not to approve the local heritage agreement.\n\t(3)\tThe Minister may approve a local heritage agreement if he or she is satisfied that the agreement satisfactorily deals with Aboriginal sites, objects or remains known to be, or that may be, located in the area affected by the application to which the agreement relates.\n\t(4)\tThe Minister must, in deciding whether or not to approve an agreement, have regard to the matters set out in the regulations and the guidelines for the purposes of this section.\n\t(5)\tIf the Minister is not satisfied of any matters referred to in this section, the Minister may remit the local heritage agreement to the parties to the agreement for further negotiation and agreement.\n19J—Minister to grant certain authorisations where local heritage agreement approved\n\t(1)\tThe Minister must grant an authorisation under this Part if a local heritage agreement relating to the application has been approved under section 19I (and it is a condition of every authorisation so granted that the person authorised complies with the terms of the local heritage agreement).\n\t(2)\tNothing in this section prevents the Minister from imposing other conditions on an authorisation under section 14 (however, a condition so imposed that is inconsistent with the agreement will, to the extent of the inconsistency, be taken to be void and of no effect).\n19K—Enforcement of local heritage agreement\n\t(1)\tIf—\n\t(a)\ta party to a local heritage agreement fails to comply with the agreement; or\n\t(b)\tthere is reason to apprehend that a party to a local heritage agreement may fail to comply with the agreement,\nany other party to the agreement may apply to the District Court for an order under this section.\n\t(2)\tOn such an application, the District Court may make such orders as are necessary to secure compliance with the local heritage agreement, or to remedy the default, and to deal with any related or incidental matters.\n\t(3)\tHowever, no order for costs is to be made under subsection (2) unless the District Court considers such an order to be necessary in the interests of justice.\n19L—Interaction of Division with other provisions\n\t(1)\tNothing in this Division prevents a person from acting in accordance with—\n\t(a)\tthe authority of the Minister granted under another provision of this Act; or\n\t(b)\tan agreement contemplated by Division A2.\n\t(2)\tTo avoid doubt, nothing in this Division limits section 20.\nDivision A2—Agreements affecting Aboriginal heritage under other Acts\n19M—Application of Division\nThis Division applies to—\n\t(a)\tan indigenous land use agreement under the Native Title Act 1993 of the Commonwealth; or\n\t(b)\tan agreement under Part 2 Division 3 Subdivision P of the Native Title Act 1993 of the Commonwealth; or\n\t(c)\ta native title mining agreement under the Mining Act 1971 or the Opal Mining Act 1995; or\n\t(d)\tan agreement under the Land Acquisition Act 1969 relating to native title rights and made in relation to a prescribed private acquisition (within the meaning of that Act); or\n\t(e)\tan agreement, or an agreement of a class, declared by the regulations to be included in the ambit of this subsection,\napproved by the Minister under section 19N for the purposes of this Division.\n19N—Approval of agreements to which Division applies\n\t(1)\tThe Minister may, on application or on his or her own motion, by notice in writing, approve an agreement referred to in section 19M for the purposes of this Division.\n\t(2)\tAn approval may be conditional or unconditional.\n\t(3)\tBefore approving an agreement, the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit).\n\t(4)\tThe Minister may only approve an agreement if he or she is satisfied that the agreement satisfactorily deals with Aboriginal sites, objects or remains known to be, or that may be, located in the area to which the agreement relates.\n19O—Variation, revocation or suspension of approval\n\t(1)\tThe Minister may, by notice in the Gazette, vary, revoke or suspend an approval under section 19N for any reason he or she thinks fit.\n\t(2)\tBefore varying, revoking or suspending an approval under this section, the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit).\n19P—Certain provisions of Part not to apply in relation to acts done under approved agreements\nSubject to this Division, sections 21 and 23 do not apply to, or in relation to, an act or omission done in accordance with an agreement to which this Division applies.\nDivision A3—Register\n19Q—Register\n\t(1)\tThe Minister must establish and maintain a register consisting of—\n\t(a)\tlocal heritage agreements; and\n\t(b)\tagreements to which Division A2 applies.\n\t(2)\tThe register must contain the information required by the regulations and may contain such other information as the Committee thinks fit.\n\t(3)\tThe register may only be inspected in accordance with the regulations.\n\t(4)\tThe Governor may only make regulations for the purposes of this section on the recommendation of the Minister given after consultation with the Committee.\n","sortOrder":4},{"sectionNumber":"Div 1","sectionType":"division","heading":"Discovery, protection and management of Aboriginal sites, objects and remains","content":"Division 1—Discovery, protection and management of Aboriginal sites, objects and remains\n20—Reporting discovery of sites, objects or remains where person not acting under Ministerial authorisation\n\t(1)\tAn owner or occupier of private land, or an employee or agent of such an owner or occupier, who discovers on the land—\n\t(a)\tan Aboriginal site; or\n\t(b)\tan Aboriginal object or remains,\nmust, as soon as practicable, report the discovery to the Minister giving particulars of the nature and location of the site, object or remains.\n\t(2)\tThis section does not apply to the traditional owner of the site or object or to an employee or agent of the traditional owner (other than where the traditional owner is an employee or agent of, or is otherwise acting for or on behalf of, persons engaged in commercial activities on the land where the discovery is made).\n\t(3)\tThe Minister may direct a person making a report, or the owner or occupier of the land to which the report relates, (or both) to take such immediate action for the protection or preservation of the Aboriginal site, object or remains as the Minister considers appropriate.\n\t(4)\tA person must not, without reasonable excuse, fail to comply with a direction of the Minister under this section.\n\t(5)\tThis section does not apply in relation to—\n\t(a)\tAboriginal sites, objects or remains discovered by a person acting pursuant to a Ministerial authorisation given under section 21 or 23 (being a discovery that must be reported in accordance with section 20A); or\n\t(b)\tAboriginal sites, objects or remains the discovery of which has previously been reported under this Act.\n20A—Cessation of activity and reporting to Minister on discovery etc of certain sites, objects or remains while acting under authorisation\n\t(1)\tA prescribed person who, while acting, or purportedly acting, pursuant to an authorisation given by the Minister under section 21 or 23 or both after the commencement of this section (the relevant authorisation)—\n\t(a)\tdiscovers an Aboriginal site, object or remains; or\n\t(b)\tdiscovers a site, object or remains that the person suspects, or ought reasonably to suspect, may be an Aboriginal site, object or remains; or\n\t(c)\tbecomes aware of new information relating to an Aboriginal site or remains,\nmust, in accordance with the requirements set out in the relevant authorisation—\n\t(d)\tin the case of an Aboriginal site or remains—cease undertaking activity within the prescribed distance of the site or remains; and\n\t(e)\tin any case—report the discovery or new information to the Minister.\n\t(2)\tA prescribed person who, while acting, or purportedly acting, pursuant to an authorisation given by the Minister under section 21 or 23 or both before the commencement of this section (the relevant authorisation)—\n\t(a)\tdiscovers an Aboriginal site, object or remains; or\n\t(b)\tdiscovers a site, object or remains that the person suspects, or ought reasonably to suspect, may be an Aboriginal site, object or remains; or\n\t(c)\tbecomes aware of new information relating to an Aboriginal site or remains,\nmust—\n\t(d)\tin the case of an Aboriginal site or remains—\n\t(i)\tcease undertaking activity within the prescribed distance of the site or remains for such period as may be reasonably necessary to allow the Minister a reasonable opportunity to take action under this Act in respect of the site or remains; and\n\t(ii)\tas soon as is reasonably practicable after the discovery, or after becoming aware of the new information, report the discovery or new information to the Minister; or\n\t(e)\tin the case of an Aboriginal object—manage the object, and report the discovery of the object to the Minister, in accordance with the requirements set out in the relevant authorisation.\n\t(3)\tTo avoid doubt, subsection (2)(d) applies despite a provision of an authorisation to the contrary.\n\t(4)\tA prescribed person who contravenes subsection (1) or (2) is guilty of an offence.\n\t(5)\tExcept as is contemplated by subsection (6), subsections (1) and (2) do not apply in relation to the following Aboriginal sites, objects or remains:\n\t(a)\tAboriginal sites, objects or remains that are known to the Minister and disclosed to the applicant in the course of their application for the relevant authorisation (whether or not the discovery of the sites, objects or remains has previously been reported under this Act);\n\t(b)\tAboriginal sites, objects or remains the discovery of which is reported under section 20;\n\t(c)\tAboriginal sites, objects or remains that are the subject of a management methodology approved by the Minister for the purposes of this section;\n\t(d)\tAboriginal sites, objects or remains that are the subject of a local heritage agreement;\n\t(e)\tany other Aboriginal site, objects or remains, or Aboriginal sites, objects or remains of a kind, prescribed by the regulations.\n\t(6)\tDespite subsection (5), subsections (1) and (2) continue to apply in relation to new information relating to an Aboriginal site or remains of which a prescribed person becomes aware (whether or not the site or remains themselves are referred to in subsection (5)).\n\t(7)\tBefore approving a management methodology for the purposes of this section, the Minister must be satisfied that—\n\t(a)\tconsultation with traditional owners, and other Aboriginal persons or Aboriginal organisations that have a particular interest in the matter, was carried out in accordance with any requirements set out in the regulations or guidelines in the development of the management methodology; and\n\t(b)\tthe management methodology includes provisions requiring consultation with traditional owners, and other Aboriginal persons or Aboriginal organisations that have a particular interest in the matter, in relation to sites, objects or remains discovered in the course of undertaking an activity pursuant to the relevant authorisation; and\n\t(c)\tthe management methodology includes provisions that provide the Minister with a reasonable opportunity to take action under this Act in respect of sites or remains discovered in the course of undertaking an activity pursuant to the relevant authorisation, or where new information relating to a site or remains becomes known; and\n\t(d)\ta condition is imposed on the relevant authorisation requiring the person to whom the authorisation is given to comply with the management methodology in relation to sites, objects and remains discovered in the course of undertaking an activity pursuant to the authorisation; and\n\t(e)\tthe management methodology complies with any other requirements set out in the regulations or guidelines.\n\t(8)\tNothing in this section limits a direction that may be given by the Minister or an inspector under this Act (and, in particular, nothing in this section authorises a person to contravene such a direction).\n\t(9)\tIn this section—\nprescribed distance, in relation to a site or remains, means—\n\t(a)\tif the regulations prescribe a distance for the purposes of this section—that distance; or\n\t(b)\tif the site or remains are discovered in the course of undertaking an activity pursuant to an authorisation of the Minister under section 21 or 23, and that authorisation specifies a distance for the purposes of this section—that distance; or\n\t(c)\tin any other case—\n\t(i)\tin the case of a site—3 metres; or\n\t(ii)\tin the case of remains—5 metres;\nprescribed person, in relation to a relevant authorisation, means—\n\t(a)\tthe person to whom the relevant authorisation is given; and\n\t(b)\ta traditional owner of the site or remains to the extent that the traditional owner is an employee or agent of, or is otherwise acting for or on behalf of, a person to whom the relevant authorisation is given; and\n\t(c)\tan employee or agent of, or a person otherwise acting for or on behalf of, a person referred to in a preceding paragraph; and\n\t(d)\tany other person prescribed by the regulations.\n21—Excavating sites, objects or remains\n\t(1)\tA person must not, without authorisation by the Minister, excavate land for the purpose of uncovering any Aboriginal site, object or remains.\n\t(2)\tWithout limiting any other condition that may be imposed on an authorisation, the Minister must not give an authorisation for the purposes of this section unless the authorisation contains the following conditions:\n\t(a)\ta condition requiring that where—\n\t(i)\ta site or remains are discovered in the course of undertaking activities pursuant to the authorisation; or\n\t(ii)\tnew information relating to a site or remains becomes known to a person undertaking activities pursuant to the authorisation,\nsuch activity must immediately cease within a specified distance of the site or remains (which must not be less than the prescribed distance within the meaning of section 20A); and\n\t(b)\ta condition requiring that a specified person or body must, as soon as is reasonably practicable, report a discovery or new information referred to in paragraph (a) to the Minister; and\n\t(c)\ta condition that prevents the resumption of activities pursuant to the authorisation during the period specified in the condition (being a period that is sufficient to allow the Minister a reasonable opportunity to take action under this Act in respect of the site or remains); and\n\t(d)\tany other condition required by the regulations.\n\t(3)\tWithout limiting any other provision of this Act, the Minister may give an authorisation for the purposes of this section to a specified class of persons.\n\t(4)\tWithout limiting any other provision of this Act, the Minister may give an authorisation for the purposes of this section in relation to specified Aboriginal sites, objects or remains, or to all Aboriginal sites, objects or remains within a specified area (whether or not those Aboriginal sites, objects or remains are entered in archives kept under Part 2 or have otherwise been reported under this Act).\n\t(5)\tSection 20 does not apply in relation to Aboriginal sites, objects or remains discovered in the course of excavations carried out with an authorisation given by the Minister for the purposes of this section.\nSuch discoveries may be required to be reported to the Minister in accordance with section 20A.\n\t(6)\tThis section does not apply to an excavation of land occurring in the course of complying with a direction of the Minister under this Act.\n22—Access to and excavation of land by authorised persons\n\t(1)\tWhere the Minister has reason to believe that any Aboriginal site, object or remains have been or may be found on or under any land (including private land), the Minister may authorise a person—\n\t(a)\tto enter the land; and\n\t(b)\tto search for the site, object or remains; and\n\t(c)\tto excavate the land.\n\t(2)\tBefore entering any land pursuant to an authorisation under this section, the authorised person must give reasonable notice in writing to the owner and occupier (if any) of the land identifying the land affected.\n\t(3)\tWhere any Aboriginal object or remains, or any object or remains that may be an Aboriginal object or Aboriginal remains, is or are found on the land, the Minister, if satisfied that it is necessary to do so for the protection or preservation of the object or remains, may take possession of the object or remains.\n\t(4)\tThe Minister must make good any damage done to land by a person acting in pursuance of this section.\n\t(5)\tA person must not, without reasonable excuse, hinder or obstruct a person acting pursuant to an authorisation under this section.\n23—Damaging, disturbing or interfering with sites, objects or remains\n\t(1)\tA person who, without authorisation by the Minister, intentionally or recklessly damages, disturbs or interferes with an Aboriginal site, object or remains is guilty of an offence.\n\t(a)\tin the case of a body corporate—$2 000 000;\n\t(2)\tA person who, without authorisation by the Minister, damages, disturbs or interferes with an Aboriginal site, object or remains is guilty of an offence.\n\t(a)\tin the case of a body corporate—$50 000;\n\t(b)\tin any other case—$10 000 or imprisonment for 6 months or both.\n\t(3)\tWithout limiting any other condition that may be imposed on an authorisation, the Minister must not give an authorisation for the purposes of this section unless the authorisation contains the following conditions:\n\t(a)\ta condition requiring that where—\n\t(i)\ta site or remains are discovered in the course of undertaking activities pursuant to the authorisation; or\n\t(ii)\tnew information relating to a site or remains becomes known to a person undertaking activities pursuant to the authorisation,\nsuch activities must immediately cease within a specified distance of the site or remains (which must not be less than the prescribed distance within the meaning of section 20A); and\n\t(b)\ta condition requiring that a specified person or body must, as soon as is reasonably practicable, report a discovery or new information referred to in paragraph (a) to the Minister; and\n\t(c)\ta condition that prevents the resumption of activities pursuant to the authorisation during the period specified in the condition (being a period that is sufficient to allow the Minister a reasonable opportunity to take action under this Act in respect of the site or remains); and\n\t(d)\tany other condition required by the regulations.\n\t(4)\tIn proceedings for an offence against subsection (2), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that the site, object or remains to which the alleged offence relates was an Aboriginal site, object or remains (as the case requires).\n\t(5)\tWithout limiting any other provision of this Act, the Minister may give an authorisation for the purposes of this section to a specified class of persons.\n\t(6)\tWithout limiting any other provision of this Act, the Minister may give an authorisation for the purposes of this section in relation to specified Aboriginal sites, objects or remains, or to all Aboriginal sites, objects or remains within a specified area (whether or not those Aboriginal sites, objects or remains are entered in archives kept under Part 2 or have otherwise been reported under this Act).\n\t(7)\tSection 20 does not apply in relation to Aboriginal sites, objects or remains discovered in the course of activities carried out with an authorisation given by the Minister for the purposes of this section.\nSuch discoveries may be required to be reported to the Minister in accordance with section 20A.\n\t(8)\tThis section does not apply to damage to, disturbance of or interference with Aboriginal sites, objects or remains occurring in the course of complying with a direction of the Minister under this Act.\n24—Directions by Minister for protection and preservation of sites, objects or remains\n\t(1)\tSubject to this section, where the Minister is satisfied that it is necessary for the protection or preservation of—\n\t(b)\ta site, object or remains that the Minister has reason to believe may be an Aboriginal site, object or remains,\nthe Minister may give 1 or more of the following directions:\n\t(c)\ta direction prohibiting or restricting access to the site or an area surrounding the site or to the object or remains;\n\t(d)\ta direction prohibiting or restricting activities on or in relation to the site or an area surrounding the site or in relation to the object or remains;\n\t(e)\tany other directions the Minister considers necessary or appropriate for the protection or preservation of the site, object or remains.\n\t(1a)\tIn the case of Aboriginal sites, objects or remains on land to which an authorisation given by the Minister under section 21 or 23 or both relates, this section will be taken only to apply to—\n\t(a)\ta new site, object or remains discovered after the authorisation is given; or\n\t(b)\ta site, object or remains discovered before the authorisation is given but that should, due to the receipt of new information about the site, object or remains, in the opinion of the Minister, be the subject of a direction under this section.\n\t(1b)\tTo the extent that a direction is inconsistent with a provision of—\n\t(a)\tan authorisation given by the Minister under section 21 or 23; or\n\t(b)\ta management methodology approved for the purposes of section 20A; or\n\t(c)\ta local heritage agreement; or\nthe provision will, while the direction is in force and to the extent of the inconsistency, be taken to be of no effect.\n\t(2)\tThe Minister must not give directions (other than a direction given in the circumstances contemplated by subsection (1a)) under subsection (1)(c) that have the effect of prohibiting or restricting access for a period of more than 3 months except with the approval of the Governor.\n\t(2a)\tBefore giving a direction under this section, the Minister must have regard to such of the following as may be relevant to the Aboriginal site, object or remains:\n\t(a)\tan authorisation given by the Minister under section 21 or 23;\n\t(b)\ta management methodology approved for the purposes of section 20A;\n\t(c)\ta local heritage agreement;\nhowever nothing in this subsection prevents the Minister from giving a direction in relation to sites, objects or remains that are the subject of such an instrument.\n\t(3)\tDirections may be given under this section—\n\t(a)\tif limited in their application to a particular person or persons—by notice in writing to that person or those persons; or\n\t(b)\tif of general application—\n\t(i)\tby notice published in the Gazette; or\n\t(ii)\tby notice published in a newspaper circulating generally throughout the State; or\n\t(iii)\tby the erection of signs in the vicinity of the site, area, object or remains; or\n\t(iv)\tby a combination of methods referred to in this paragraph,\nas the Minister considers appropriate in the circumstances.\n\t(4)\tSubject to subsection (5), the Minister must, before giving any directions under this section, take reasonable steps to give not less than eight weeks notice of the proposed directions to—\n\t(a)\tthe owner and occupier (if any) of land in relation to which the directions apply; and\n\t(ab)\tif there is a Recognised Aboriginal Representative Body in respect of the area in which the Aboriginal site, object or remains are located, or in respect of the Aboriginal site, object or remains—the Recognised Aboriginal Representative Body; and\n\t(b)\tthe Committee; and\n\t(c)\tany Aboriginal organisation that, in the opinion of the Minister, has a particular interest in the matter; and\n\t(d)\ta representative of—\n\t(i)\tany traditional owners; and\n\t(ii)\tany other Aboriginal persons,\n\t(5)\tThe Minister may give a direction under this section without the notice required by subsection (4)—\n\t(a)\tif satisfied that urgent action is necessary; or\n\t(b)\tin relation to an Aboriginal site, object or remains discovered in the course of acting pursuant to an authorisation given by the Minister under section 21 or 23,\nbut must, in that event, take reasonable steps to give the notice as soon as practicable after giving the direction.\n\t(5a)\tTo avoid doubt, nothing in this section limits, or is limited by, any directions the Minister may give under section 20.\n\t(6)\tA notice must—\n\t(a)\tset out the directions; and\n\t(b)\tgive the reasons for the directions; and\n\t(c)\tstate that any interested person or body may make representations to the Minister with respect to the directions; and\n\t(d)\tif given under subsection (3)(a), set out the penalty for contravening or failing to comply with a direction.\n\t(7)\tWhere directions are given under this section in relation to a site or object that is not entered in the Register of Aboriginal Sites and Objects, the Minister must, as soon as practicable—\n\t(a)\tdetermine whether the site or object should be entered in the Register; and\n\t(b)\tif the Minister determines that the site or object should not be entered in the Register—revoke the directions.\n\t(8)\tWhere directions are given under this section in relation to remains not known to be Aboriginal remains, the Minister must, as soon as practicable—\n\t(a)\tdetermine whether the remains are Aboriginal remains; and\n\t(b)\tif the Minister determines that the remains are not Aboriginal remains—revoke the directions.\n\t(9)\tThe Minister must—\n\t(a)\tgive due consideration to any representations made with respect to the directions; and\n\t(b)\tif satisfied (whether on the basis of such representations or otherwise) that the directions should be revoked or modified, revoke or modify the directions accordingly.\n\t(10)\tWithin 30 days after the sale of land in relation to which directions under this section apply, the vendor must provide the Minister with the following information in writing—\n\t(a)\tthe date of the sale; and\n\t(b)\tthe name and address of the purchaser.\nMaximum penalty: $10 000.\n\t(11)\tThis section does not apply to Aboriginal objects or remains that are in a public or private collection.\n25—Directions by inspector for protection and preservation of sites, objects or remains\n\t(1)\tWhere an inspector is satisfied that urgent action is necessary for the protection or preservation of—\n\t(b)\ta site, object or remains that the inspector has reason to believe may be an Aboriginal site, object or remains,\nthe inspector may give 1 or more of the following directions:\n\t(c)\ta direction prohibiting or restricting access to the site, or an area surrounding the site, or to the object or remains;\n\t(d)\ta direction prohibiting or restricting activities on or in relation to the site or an area surrounding the site or in relation to the object or remains;\n\t(e)\tany other directions the inspector considers necessary or appropriate for the protection or preservation of the site, object or remains.\n\t(1aa)\tIn the case of Aboriginal sites, objects or remains on land to which an authorisation given by the Minister under section 21 or 23 or both relates, this section will be taken only to apply to—\n\t(a)\ta new site, object or remains discovered after the authorisation is given; or\n\t(b)\ta site, object or remains discovered before the authorisation is given but that should, due to the receipt of new information about the site, object or remains, in the opinion of the inspector, be the subject of a direction under this section.\n\t(1ab)\tTo the extent that a direction is inconsistent with a provision of—\n\t(a)\tan authorisation given by the Minister under section 21 or 23; or\n\t(b)\ta management methodology approved for the purposes of section 20A; or\n\t(c)\ta local heritage agreement; or\nthe provision will, while the direction is in force and to the extent of the inconsistency, be taken to be of no effect.\n\t(1a)\tAn inspector must, before giving directions under this section, have regard to—\n\t(a)\tany local heritage agreement in respect of the site, object or remains; and\n\t(b)\tany agreement to which Part 3 Division A2 applies that relates to the site, object or remains.\n\t(2)\tDirections may be given under this section—\n\t(a)\tif limited in their application to a particular person or persons—by notice in writing to that person or those persons; or\n\t(b)\tif of general application—by the erection of signs in the vicinity of the site, area, object or remains to which the directions relate.\n\t(3)\tA notice under subsection (2)(a) must set out the penalty for contravening or failing to comply with a direction.\n\t(4)\tWhere an inspector gives any directions under this section, the inspector must forthwith report the matter to the Minister.\n\t(5)\tAny directions given under this section cease to have effect on revocation by the Minister, or, in any event, on the expiration of 10 working days after the day on which they were given.\n\t(6)\tThis section does not apply to Aboriginal objects or remains that are in a public or private collection.\n26—Failure to comply with directions of Minister or inspector\nA person must not, without reasonable excuse, contravene, or fail to comply with, a direction given under section 24 or 25.\n27—Entry by officials\n\t(1)\tDirections under section 24 or 25 do not apply to—\n\t(a)\tan inspector acting in the course of official duties;\n\t(b)\ta member of the police force acting in the course of official duties;\n\t(c)\ta person acting with the authority of the Minister, who enters a restricted area for the purpose of carrying out functions that have been assigned to a Minister, statutory office holder or instrumentality of the Crown;\n\t(d)\ta person acting in response to an emergency.\n\t(2)\tWhere a person proposes to enter an area in pursuance of subsection (1)(c), reasonable notice of the time, place and purpose of the proposed entry must be given to the Minister.\n28—Care of Aboriginal objects\nA person must take reasonable measures to protect an Aboriginal object that is in that person's ownership or possession as part of a public or private collection.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Control of sale of, and other dealings with, Aboriginal objects","content":"Division 3—Control of sale of, and other dealings with, Aboriginal objects\n29—Control of sale of and other dealings with objects\n\t(1)\tA person must not, without authorisation by the Minister—\n\t(a)\tsell or dispose of an Aboriginal object; or\n\t(b)\tremove an Aboriginal object from the State.\n\t(2)\tThis section does not affect the sale of land of which an Aboriginal object forms part or to which an Aboriginal object is affixed.\n\t(2a)\tWithout limiting any other provision of this Act, the Minister may give an authorisation for the purposes of this section to a specified class of persons.\n\t(2b)\tWithout limiting any other provision of this Act, the Minister may give an authorisation for the purposes of this section in relation to a specified Aboriginal object, or to Aboriginal objects of a specified class.\n\t(3)\tThe Minister must in determining whether to give an authorisation for the purposes of this section comply with the regulations.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Acquisition and custody of Aboriginal sites, objects and records","content":"Division 4—Acquisition and custody of Aboriginal sites, objects and records\n30—Acquisition of land\nThe Minister may, subject to and in accordance with the Land Acquisition Act 1969, acquire land for the purposes of protecting or preserving an Aboriginal site, object or remains.\n31—Acquisition of objects and records\n\t(1)\tThe Minister may—\n\t(a)\tacquire an Aboriginal object or record by purchase; or\n\t(b)\tcompulsorily acquire an Aboriginal object or record in accordance with this section.\n\t(2)\tIf the owner of an Aboriginal object or record is unwilling to sell the object to the Minister, or is unwilling to sell it for an amount the Minister considers reasonable, the Minister may apply to the Supreme Court for a valuation of the object or record.\n\t(3)\tIf within one month after the date of a valuation by the Court, the Minister pays into the Court the amount of the valuation, the Court may—\n\t(a)\tmake an order vesting title to the object or record in the Minister; and\n\t(b)\tmake any incidental or ancillary orders that may be necessary or desirable in the circumstances of the case.\n32—Surrender of objects and records\n\t(1)\tThe Minister may require a person who has possession of an Aboriginal object or record, or an object or record that the Minister has reason to believe may be an Aboriginal object or record, to surrender the object or record to the Minister, or to a person nominated by the Minister, for one or more of the following purposes:\n\t(a)\tdetermination of whether the object or record is an Aboriginal object or record;\n\t(b)\texamination for the purposes of making an entry in the central or local archives;\n\t(c)\tconsideration of acquisition by the Minister of the object or record under this Act;\n\t(d)\tin the case of an object, research related to the object.\n\t(2)\tAn object or record surrendered under subsection (1)—\n\t(a)\tmay, unless acquired by the Minister, be retained for a period not exceeding 3 months; and\n\t(b)\tif returned, must, subject to any agreement to the contrary with the owner of the object or record, be returned in the condition in which it was surrendered.\n\t(3)\tA person must not, without reasonable excuse, refuse or fail to comply with a requirement made under this section.\n33—Forfeiture of objects\nWhere the owner of an Aboriginal object is found guilty of an offence in relation to that object, the court may, in addition to any penalty that the court may impose, order that the object be forfeited to the Crown.\n34—Custody of land, objects and records\nWhere land or an Aboriginal object or record has been acquired or has come into the possession of the Minister (except by surrender of the object or record under section 32), the land or object may, if the Minister so determines—\n\t(a)\tbe placed in the custody of an Aboriginal person or organisation; or\n\t(b)\tbe dealt with in any other manner, subject to such conditions as the Minister may determine.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Protection of traditions","content":"Division 5—Protection of traditions\n35—Divulging information contrary to Aboriginal tradition\n\t(1)\tExcept as authorised or required by this Act, a person must not, in contravention of Aboriginal tradition, divulge information relating to—\n\t(b)\tAboriginal tradition.\nMaximum penalty: $250 000 or imprisonment for 2 years or both.\n\t(2)\tSuch information may be divulged with the authority of the Minister.\n36—Access to land by Aboriginal people\n\t(1)\tThe Minister may authorise an Aboriginal person or group of Aboriginal persons to enter any land (including private land) for the purpose of gaining access to an Aboriginal site, object or remains.\n\t(2)\tBefore giving an authorisation under this section, the Minister must allow the owner and occupier (if any) of the land a reasonable opportunity to make representations on the question of whether the authorisation should be given and if so, subject to what conditions.\n\t(3)\tWhere the Minister gives an authorisation under this section, the Minister must as soon as practicable notify the owner and occupier (if any) of the land of the conditions of the authorisation.\n\t(4)\tA person must not, without reasonable excuse, hinder or obstruct a person acting pursuant to an authorisation under this section.\n37—Preservation of right to act according to tradition\nNothing in this Act prevents Aboriginal people from doing anything in relation to Aboriginal sites, objects or remains in accordance with Aboriginal tradition.\n","sortOrder":8},{"sectionNumber":"Div 6","sectionType":"division","heading":"Aboriginal heritage agreements","content":"Division 6—Aboriginal heritage agreements\n37A—Aboriginal heritage agreements\n\t(1)\tThe Minister may enter into an Aboriginal heritage agreement with the owner of land on which any Aboriginal site, object or remains is situated.\n\t(2)\tAn Aboriginal heritage agreement attaches to the land and is binding on the current owner of the land whether or not that owner was the person with whom the agreement was made.\n\t(3)\tThe Minister may, by agreement with the owner of the land to which an Aboriginal heritage agreement applies, vary or terminate the agreement.\n\t(4)\tAn Aboriginal heritage agreement is, to the extent specified in the agreement, binding on the occupier of the land.\n\t(5)\tBefore entering into, varying or terminating an Aboriginal heritage agreement the Minister must take all reasonable steps to consult with—\n\t(a)\tthe Committee; and\n\t(ab)\tif there is a Recognised Aboriginal Representative Body in respect of the area in which the land is located, or in respect of the Aboriginal site, object or remains—the Recognised Aboriginal Representative Body; and\n\t(b)\tany Aboriginal organisation that, in the opinion of the Minister, has a particular interest in the matter; and\n\t(c)\tany—\n\t(i)\ttraditional owners; and\n\t(ii)\tother Aboriginal persons,\n\t(6)\tBefore entering into an Aboriginal heritage agreement the Minister must take all reasonable steps to give any traditional owners of an Aboriginal site or object on the land (or a representative of those traditional owners) an opportunity to become parties to the agreement.\n37B—Effect of Aboriginal heritage agreement\n\t(1)\tAn Aboriginal heritage agreement may contain any provision for the protection or preservation of Aboriginal sites, objects or remains.\n\t(2)\tAn Aboriginal heritage agreement may, for example—\n\t(a)\trestrict the use of land to which it applies;\n\t(b)\trequire specified work or work of a specified kind to be carried out in accordance with specified standards on the land;\n\t(c)\trestrict the nature of work that may be carried out on the land;\n\t(d)\tprovide for the management of the land or any Aboriginal site, object or remains in accordance with a particular management plan or in accordance with management plans to be agreed from time to time between the Minister and the owner;\n\t(e)\tprovide for financial, technical or other professional advice or assistance to the owner of the land with respect to the maintenance or conservation of the land or the protection or preservation of any Aboriginal site, object or remains;\n\t(f)\tprovide for remission of rates or taxes in respect of the land.\n\t(3)\tAn Aboriginal heritage agreement may not provide for the remission of rates payable to a council unless the council is a party to the agreement.\n\t(4)\tAny money required by the Minister to meet his or her obligations under an Aboriginal heritage agreement entered into under this section must be paid to the Minister from the Fund.\n37C—Registration of Aboriginal heritage agreements\nWhen the Minister enters into an Aboriginal heritage agreement, or an agreement varying or terminating an Aboriginal heritage agreement, the Registrar-General must, on application by the Minister or another party to the agreement, note the agreement against the relevant instrument of title or, in the case of land not under the provisions of the Real Property Act 1886, against the land.\n37D—Enforcement of Aboriginal heritage agreements\n\t(1)\tIf—\n\t(a)\ta party to an Aboriginal heritage agreement fails to comply with it; or\n\t(b)\tthere is reason to apprehend that a party to an Aboriginal heritage agreement may fail to comply with it,\nany other party to the agreement may apply to the District Court for an order under this section.\n\t(2)\tOn such an application, the Court may make such orders as are necessary to secure compliance with the agreement, or to remedy the default, and to deal with any related or incidental matters.\n","sortOrder":9},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Additional court orders where contravention of Act","content":"Part 3A—Additional court orders where contravention of Act\n37DA—Court may make additional orders where contravention of Act\n\t(1)\tWhere, in proceedings under this Act, a court finds a person guilty of a contravention of this Act, the court may, in addition to any penalty it may impose, do 1 or more of the following:\n\t(a)\torder the person to pay to the Crown or a specified Aboriginal person or body an amount of money for or towards 1 or both of the following:\n\t(i)\trepair, restoration or reinterment of an Aboriginal site, object or remains affected by the contravention;\n\t(ii)\tany other costs incurred, or likely to be incurred, to make good any other harm caused by the contravention;\n\t(b)\torder the person to take specified action to make good any damage caused by the contravention and, if appropriate, to take specified action to prevent or mitigate further damage;\n\t(c)\torder the person to take specified action to publicise the contravention and its consequences;\n\t(d)\torder the person to pay to a specified Aboriginal person or body an amount determined by the court for reasonable costs and expenses incurred, or compensation for harm suffered, in relation to the contravention;\n\t(e)\torder the person to pay to the Crown an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention;\n\t(f)\tmake any ancillary orders the court considers appropriate.\n\t(2)\tFor the purposes of subsection (1)(e), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.\n","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"Part 4—Miscellaneous\n37E—Applications under Act\nAn application under this Act must—\n\t(a)\tbe made in a manner and form determined by—\n\t(i)\tin the case of an application made to the Committee—the Committee; or\n\t(ii)\tin any other case—the Minister; and\n\t(b)\tinclude such information and documents as the Minister or the Committee (as the case requires) may reasonably require; and\n\t(c)\tbe accompanied by the prescribed fee.\n38—Interference with signs\nA person must not damage or interfere with a sign erected pursuant to this Act.\nMaximum penalty: $10 000.\n39—Service\nA notice or other document required or authorised to be given under this Act may be given personally or sent by post.\n41—Vicarious liability\n\t(1)\tWhere an employee or agent acting in the course of his or her employment or agency commits an offence against this Act, the employer or principal is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence.\n\t(2)\tWhere a body corporate commits a prescribed offence, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty applicable to the principal offence when committed by a natural person unless it is proved that the member could not by the exercise of reasonable diligence have prevented the commission of that offence.\n\t(3)\tIn this section—\nprescribed offence means—\n\t(a)\tan offence against Part 3 (other than an offence against section 20(4), 22(5), 24(10), 32(3) or 36(4)); or\n\t(b)\tan offence against subsection (1) that relates to such an offence.\n42—Failure to consult etc traditional owners\nNo person other than a traditional owner is entitled to call into question the validity of an act or determination of the Minister on the ground that there has been a failure to comply with a requirement of this Act as to consultation with traditional owners, or as to the obtaining of approval from, or the stipulation of conditions by, traditional owners.\n43—Evidence\n\t(1)\tIn any proceedings a document apparently signed by the Minister certifying a matter relating to—\n\t(a)\tan entry in the Register of Aboriginal Sites and Objects; or\n\t(b)\ta direction or determination made or an authorisation given under this Act; or\n\t(c)\tthe appointment of an inspector; or\n\t(d)\tthe delegation of a power or function by the Minister under this Act,\nconstitutes, in the absence of proof to the contrary, proof of the matter certified.\n\t(2)\tIn any legal proceedings, an apparently genuine document appearing to be a copy of an Aboriginal heritage agreement certified by the Minister, is, in the absence of proof to the contrary, proof of the agreement and its terms.\n45—Commencement of prosecutions\n\t(1)\tA prosecution for a summary offence against this Act—\n\t(a)\tin relation to an Aboriginal site, object or remains located on or partly on the lands vested in Maralinga Tjarutja pursuant to the Maralinga Tjarutja Land Rights Act 1984 must not be commenced except—\n\t(i)\tby a person authorised by the Minister with the approval of Maralinga Tjarutja; or\n\t(ii)\tby Maralinga Tjarutja or a person authorised by Maralinga Tjarutja;\n\t(b)\tin relation to an Aboriginal site, object or remains located on or partly on the lands vested in Anangu Pitjantjatjara pursuant to the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 must not be commenced except—\n\t(i)\tby a person authorised by the Minister with the approval of Anangu Pitjantjatjara; or\n\t(ii)\tby Anangu Pitjantjatjara or a person authorised by Anangu Pitjantjatjara;\n\t(c)\tin relation to an Aboriginal site, object or remains located on or partly on the lands vested in the Aboriginal Lands Trust pursuant to the Aboriginal Lands Trust Act 1966 or the Aboriginal Lands Trust Act 2013 must not be commenced except—\n\t(i)\tby a person authorised by the Minister with the approval of the Aboriginal Lands Trust; or\n\t(ii)\tby the Aboriginal Lands Trust or a person authorised by the Trust;\n\t(d)\tin relation to any other Aboriginal site, object or remains must not be commenced except by a person authorised by the Minister.\n\t(2)\tWithout limiting subsection (1), a prosecution for a summary offence against this Act may be commenced at any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Minister, at any later time within 10 years after the date of the alleged commission of the offence.\n\t(3)\tThe traditional owners of an Aboriginal site or object may request the Minister to authorise a person to commence a prosecution for an offence against this Act in relation to that site or object and the Minister must give proper consideration to such a request.\n\t(4)\tIn any proceedings for an offence against this Act—\n\t(a)\ta document apparently signed by the Minister authorising the commencement of the proceedings by a particular person constitutes, in the absence of proof to the contrary, proof of the authorisation;\n\t(b)\ta document apparently executed by Maralinga Tjarutja, Anangu Pitjantjatjara or the Aboriginal Lands Trust authorising or approving the commencement of the proceedings by a particular person constitutes, in the absence of proof to the contrary, proof of the authorisation or approval.\n46—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tIn particular, the regulations may prescribe penalties not exceeding $2 000 for contravention of, or non-compliance with, a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the amendment of this Act or the regulations; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified person or body.\n","sortOrder":11},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Repeal of Acts","content":"Schedule 1—Repeal of Acts\nThe following Acts are repealed:\nAboriginal and Historic Relics Preservation Act 1965\nAboriginal Heritage Act 19791\n","sortOrder":12},{"sectionNumber":"1","sectionType":"section","heading":"The Aboriginal Heritage Act 1979 had not been repealed at the date of this version.","content":"1\tThe Aboriginal Heritage Act 1979 had not been repealed at the date of this version.\n","sortOrder":13},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 3—Transitional provisions\nThe Minister may give directions under section 24 in relation to Aboriginal sites, objects or remains within an area that was a prohibited area or historic reserve under the Aboriginal and Historic Relics Preservation Act 1965 immediately prior to the commencement of this Act, without complying with subsection (3) of that section.\nLegislative history\nNotes\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Aboriginal Heritage Act 1988 amended the following:\nMining Act 1971\nPlanning Act 1982\nSouth Australian Heritage Act 1978\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Aboriginal Heritage Act 1988\n17.3.1988\n1.3.1989 (Gazette 9.2.1989 p354) except the provision of Sch 1 that repeals the Aboriginal Heritage Act 1979—uncommenced\n Heritage Act 1993\n27.5.1993\n15.1.1994 (Gazette 27.10.1993 p1890)\n Offshore Minerals Act 2000\n4.5.2000\n4.5.2002 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 2 (ss 4 & 5)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 2 (s 4)—1.1.2012 (Gazette 15.12.2011 p4988)\n Aboriginal Lands Trust Act 2013\n5.12.2013\nSch 1 (cl 2)—1.7.2014 (Gazette 6.2.2014 p546)\n Aboriginal Heritage (Miscellaneous) Amendment Act 2016\n24.3.2016 except Pt 2 (ss 4, 6—14)—17.10.2017 (Gazette 17.10.2017 p4336)\nSupreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 1)—1.1.2021 (Gazette 10.12.2020 p5638)\nAboriginal Heritage (Miscellaneous) Amendment Act 2024\n3.10.2024\n1.1.2025 (Gazette 5.12.2024 p4543)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nPt 1\n\ns 3\n\nAboriginal Heritage Guidelines\ninserted by 9/2016 s 4(1)\nlocal heritage agreement\ninserted by 9/2016 s 4(2)\nmining tenement\namended by 11/2000 Sch 2\n4.5.2002\n\namended by 42/2024 s 3(1)\nowner\namended by 42/2024 s 3(2)\nprivate land\namended by 42/2024 s 3(3)\nRecognised Aboriginal Representative Body\ninserted by 9/2016 s 4(3)\nPt 2\n\ns 6\n\ns 6(1)\namended by 42/2024 s 4\ns 6(2)\ndeleted by 9/2016 s 5(1)\ns 6(4)\ndeleted by 9/2016 s 5(2)\ns 7\n\ns 7(2)\namended by 9/2016 s 6\ns 7(6)\ninserted by 84/2009 s 4\ns 8\n\ns 8(1)\ns 10\n\ns 10(4)\namended by 42/2024 s 5\ns 13\n\ns 13(3)\namended by 9/2016 s 7\n\namended by 42/2024 s 6\ns 14\n\ns 14(1)\ns 14 redesignated as s 14(1) by 9/2016 s 8\ns 14(2)\ninserted by 9/2016 s 8\n\namended by 42/2024 s 7(1), (2)\ns 17\n\ns 17(1)\n\namended by 42/2024 s 8(1)—(3)\nss 17A and 17B\ninserted by 42/2024 s 9\ns 18\namended by 42/2024 s 10(1), (2)\n\n(c) deleted by 42/2024 s 10(1)\ns 19\n\ns 19(2)\namended by 42/2024 s 11\ns 19(7)\ns 19L\n\ns 19L(1)\ns 19L redesignated as s 19L(1) by 42/2024 s 12\ns 19L(2)\ninserted by 42/2024 s 12\nPts 2A and 2B\ninserted by 9/2016 s 9\nPt 3\n\nPt 3 Divs A1—A3\ninserted by 9/2016 s 10\nPt 3 Div 1\n\namended by 42/2024 s 13\ns 20\n\namended by 42/2024 s 14(1)\ns 20(1)\namended by 42/2024 s 14(2), (3)\ns 20(2)\namended by 42/2024 s 14(4)\ns 20(3)\namended by 42/2024 s 14(5)\ns 20(4)\namended by 42/2024 s 14(6)\ns 20(5)\ninserted by 42/2024 s 14(7)\ns 20A\ninserted by 42/2024 s 15\ns 21\n\ns 21(1)\ns 21 amended and redesignated as s 21(1) by 42/2024 s 16(1)—(4)\ns 21(2) to (6)\ninserted by 42/2024 s 16(4)\ns 22\n\ns 22(5)\namended by 42/2024 s 17\nPt 3 Div 2\n\ndeleted by 42/2024 s 18\ns 23\nsubstituted by 42/2024 s 19\ns 24\n\namended by 42/2024 s 20(1)\ns 24(1)\namended by 42/2024 s 20(2)—(5)\ns 24(1a) and (1b)\ninserted by 42/2024 s 20(6)\ns 24(2)\namended by 42/2024 s 20(7)\ns 24(2a)\ninserted by 9/2016 s 11(1)\n\nsubstituted by 42/2024 s 20(8)\ns 24(4)\namended by 9/2016 s 11(2)\n\namended by 42/2024 s 20(9)\ns 24(5)\nsubstituted by 42/2024 s 20(10)\ns 24(5a)\ninserted by 42/2024 s 20(10)\ns 24(10)\namended by 42/2024 s 20(11)\ns 25\n\namended by 42/2024 s 21(1)\ns 25(1)\namended by 42/2024 s 21(2)—(5)\ns 25(1aa) and (1ab)\ninserted by 42/2024 s 21(6)\ns 25(1a)\ninserted by 9/2016 s 12\ns 26\namended by 42/2024 s 22(1), (2)\ns 28\namended by 42/2024 s 23(1), (2)\nPt 3 Div 3\n\ns 29\n\ns 29(1)\namended by 42/2024 s 24(1)—(3)\ns 29(2a) and (2b)\ninserted by 42/2024 s 22(4)\nPt 3 Div 4\n\ns 31\n\ns 31(2)\namended by 45/2019 Sch 1 cl 1\n1.1.2021\ns 32\n\ns 32(3)\namended by 42/2024 s 25\nPt 3 Div 5\n\ns 35\n\ns 35(1)\namended by 42/2024 s 26\ns 36\n\ns 36(4)\namended by 42/2024 s 27\ns 37A(5)\namended by 9/2016 s 13\nPt 3 Div 6\ninserted by 56/1993 Sch 2\nPt 3A\ninserted by 42/2024 s 28\nPt 4\n\ns 37E\ninserted by 9/2016 s 14\ns 38\namended by 42/2024 s 29\ns 40\ndeleted by 84/2009 s 5\ns 41\n\ns 41(2)\namended by 36/2011 s 4(1)\ns 41(3)\ninserted by 36/2011 s 4(2)\ns 43\n\ns 43(1)\ns 43 redesignated as s 43(1) by 56/1993 Sch 2\ns 43(2)\ninserted by 56/1993 Sch 2\ns 44\ndeleted by 42/2024 s 30\ns 45\n\ns 45(1)\namended by 81/2013 Sch 1 cl 2\n1.7.2014\n\namended by 42/2024 s 31(1)\ns 45(2)\nsubstituted by 42/2024 s 31(2)\ns 46\n\ns 46(3)\ninserted by 42/2024 s 32\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n\nTransitional etc provisions associated with Act or amendments\nAboriginal Heritage (Miscellaneous) Amendment Act 2016, Sch 1—Transitional provision\n1—Delegations under section 6(2) of the Aboriginal Heritage Act 1988\n\t(1)\tDespite section 16 of the Acts Interpretation Act 1915 or a provision of any other Act or law—\n\t(a)\ta request of traditional owners of an Aboriginal site or object made under section 6(2) of the Aboriginal Heritage Act 1988 (as in force before the commencement of this clause) for the delegation of the Minister's powers but in relation to which a delegation has not yet been made will, by force of this subclause, be taken to be void and of no effect;\n\t(b)\tany right to make a request under section 6(2) of the Aboriginal Heritage Act 1988 that exists on the commencement of this clause is, by force of this subclause, extinguished.\n\t(2)\tWithout limiting subclause (1), a delegation under section 6(2) of the Aboriginal Heritage Act 1988 (whether made before or after the commencement of this clause) will, by force of this subclause, be taken to be revoked.\nHistorical versions\nReprint No 1—15.1.1994\n\nReprint No 2—4.5.2002\n\n1.7.2014\n\n1.1.2021\n\n","sortOrder":14}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"rejection_reason":"","scope_assessment":{"changed":true,"description":"The original 1988 Act centred on Ministerial functions, basic reporting and prohibition of damage with limited Aboriginal representative structures. Amendments (notably 2016 and 2024) have substantially expanded scope by inserting formal Recognised Aboriginal Representative Bodies with negotiation priority, mandatory good-faith local heritage agreement pathways (Division A1), integration with native title and mining agreements (Division A2), Aboriginal Heritage Guidelines, expanded inspector powers including warrants and self-incrimination rules, and additional court orders for restoration and economic-benefit stripping (Part 3A), moving the legislation from a Ministerial-centric preservation model to a co-management and agreement-based framework."},"complexity_factors":["Over 60 sections across multiple Parts, Divisions and sub-Divisions (including newly inserted Divisions A1–A3)","Extensive interpretation section (s 3) containing 20+ defined terms with cross-references to other statutes such as the Native Title Act 1993 (Cth), Mining Act 1971 and Hydrogen and Renewable Energy Act 2023","Nested conditional rules for authorisations, discoveries during authorised activities (ss 20, 20A, 21, 23) and Ministerial directions (ss 24, 25)","Multiple layers of consultation, approval and priority mechanisms for Recognised Aboriginal Representative Bodies (Part 2B, ss 19B–19G)","Interaction provisions that override or suspend other Parts when approved agreements or management methodologies are in place (ss 19L, 19P, 24(1b))"],"plain_english_summary":"**This South Australian law protects and preserves Aboriginal heritage** — places, objects and human remains that hold cultural, archaeological, historical or traditional importance for Aboriginal people. \n\nIt requires people to report any new discoveries on their land, bans unauthorised digging, damage or interference with these sites or items, and sets up a system where the Minister can issue directions to protect them. Companies and landowners often need official permission (an authorisation) before starting work that might affect heritage. The Act creates Recognised Aboriginal Representative Bodies to represent traditional owners in negotiations, allows for formal 'local heritage agreements' that can streamline approvals, and sets strict penalties including fines up to $2 million for corporations that damage sites. It also protects secret traditional knowledge, gives Aboriginal people access rights to important places, and lets the Minister buy land or items to safeguard them. The law aims to balance development with respect for living Aboriginal culture that has continued since before European colonisation."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes — the legislation text was not accessible due to a broken URL. No comparison between original intent and current provisions could be made."},"complexity_factors":["The actual legislative text was not retrievable — analysis is based on general knowledge only, not the current consolidated version of the Act","The Act itself (from general knowledge) involves multi-agency processes and approval frameworks that carry moderate complexity","Complexity score is kept low because no substantive text was available to analyse"],"plain_english_summary":"**Note: The actual text of this legislation could not be retrieved.** The link provided returned a 'Page Not Found' error from the South Australian legislation website, likely due to a broken or outdated URL following a website update on 24 March 2026.\n\n**What we know generally about the Aboriginal Heritage Act 1988 (SA):**\nThis South Australian law protects Aboriginal heritage — including sacred sites, objects, remains, and places of cultural significance to Aboriginal peoples. It sets out rules for who can access, disturb, or remove Aboriginal heritage items, and establishes processes for getting approval before any work (like construction or mining) that might affect Aboriginal sites. Penalties apply for damaging or interfering with protected heritage without authorisation.\n\n**Who it affects:**\n- Aboriginal communities and people in South Australia\n- Developers, miners, farmers, and landowners whose land may contain Aboriginal heritage sites\n- Government agencies overseeing land use and planning\n\n**Why it matters:** Without this kind of law, irreplaceable cultural sites, artefacts, and remains could be destroyed by development or other activities. The Act gives Aboriginal communities legal standing to protect their heritage.\n\n⚠️ *This summary is based on general knowledge of the Act, not its current text. To view the current legislation, visit legislation.sa.gov.au and search directly for 'Aboriginal Heritage Act 1988'.*"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as presented incorporates significant additions and structural changes since the original 1988 text. Key later insertions and reforms include: the Aboriginal Heritage Guidelines framework (Part 2A, s19A) and the Recognised Aboriginal Representative Bodies scheme (Part 2B, s19B) and associated registers (s19G) inserted by amendments (see legislative history entries for 2016); a negotiated local heritage agreement pathway and related Divisions (Part 3 Divisions A1–A3, ss19H–19Q) inserted by 2016 amendments; a statutory regime for discovery reporting and management methodologies (s20A) and amendments to inspection and enforcement powers (ss17, 17A, 17B) reflected in later amendments (notably 2024 amendments per the legislative history); and the addition of a Part 3A providing broader court orders for remediation and disgorgement (s37DA). Mechanically, these changes expand the Act from a primarily prohibitory protection regime into a more elaborate regulatory system combining ministerial authorisations, negotiated agreements with recognised Aboriginal representative bodies, administrative registers, and enhanced enforcement and remedy tools (see Parts 2A, 2B, 3 Div A1–A3, s20A, s37DA)."},"complexity_factors":["Broad ministerial discretion across many decision points (s5, s6, s14, s19N, s19F)","Multiple decision‑makers and bodies with overlapping roles (Minister, Aboriginal Heritage Committee ss7–8, Recognised Aboriginal Representative Bodies Part 2B, inspectors s15)","Numerous authorisation types, conditions and exemptions (ss14, 21–23, 19M–19P)","Detailed procedural rules for discovery, reporting and stop‑work obligations (ss20, 20A, 21(2), 23(3))","Serious and varied penalties, differentiated by corporate/individual status (e.g. ss23(1), 21(1), s29(1))","Confidentiality rules limiting access to archives and the interplay with disclosure exceptions (s10)","Strong inspector powers including entry, seizure and warrant procedures with attendant safeguards (s17; s17A; s17B)","Interaction with other statutory regimes and land tenures (definitions of owner and private land, s3; acquisitions under Land Acquisition Act, s30; native title references Part 2B and Division A2)","Multiple routes for enforcement (criminal, District Court orders for agreement enforcement ss19K, 37D, and additional remedial orders s37DA)","Regulatory registers and approval steps (Register s9, register of recognised bodies s19G, register of agreements s19Q) adding administrative and compliance layers"],"plain_english_summary":"What this law does, simply\n\n- Sets out who looks after Aboriginal heritage in South Australia and how it must be protected. The Minister is given primary powers and duties to protect and preserve Aboriginal sites, objects and remains (s5). The Act creates a central Register of Aboriginal Sites and Objects (s9) and requires confidentiality for sensitive records (s10).\n\nWho it affects\n\n- Aboriginal people, including traditional owners and recognised representative bodies (Part 2B, s19B).\n- Land owners and occupiers (including holders of mining tenements and certain licences — definition of \"owner\" and \"private land\", s3).\n- Developers, researchers, museums and anyone who excavates, moves, sells or otherwise deals with Aboriginal objects or interferes with sites (see prohibitions and authorisations at ss21, 22, 23, 29).\n- Inspectors, the Aboriginal Heritage Committee (ss15, 7–8), and courts that enforce or impose orders (s37DA).\n\nHow it works — the mechanics first\n\n- Registers and records: The Minister keeps central archives including a Register of Aboriginal Sites and Objects (s9). Entries in the Register create conclusive legal presumptions about whether something is an Aboriginal site or object (s11).\n\n- Confidentiality: Information in the archives is normally confidential and can only be disclosed with approval of traditional owners, or in limited circumstances set out in the Act (s10).\n\n- Authorisations and offences: Activities that uncover, excavate, damage, disturb or sell Aboriginal sites or objects generally require Ministerial authorisation (ss21, 23, 29). The Act prescribes criminal penalties and higher fines for corporations in many cases (see ss21(1), 23(1), 29(1)). Authorisations may be given to classes of persons and must be subject to conditions the Minister considers appropriate (s14; ss21(3)–(4); s23(5)–(6)).\n\n- Discovery and reporting: Owners or occupiers who discover sites, objects or remains must report discoveries to the Minister (s20). Persons acting under Ministerial authorisation have additional stop‑work and reporting duties and must follow any approved management methodology (s20A; s21(2), s23(3)).\n\n- Directions and emergency powers: The Minister may give directions to protect or preserve sites, objects or remains (s24). Inspectors may give urgent short‑term directions (s25). Non‑compliance carries significant penalties (s26).\n\n- Inspectors and enforcement: Inspectors may enter, inspect, seize and use equipment, and in urgent cases use reasonable force with a warrant (s17; s17A). The Act limits admissibility in some cases where answers might incriminate a person (s17B).\n\n- Aboriginal representation and agreements: The Act establishes a process for determining Recognised Aboriginal Representative Bodies (Part 2B, s19B) and creates mechanisms for negotiated local heritage agreements between proponents and those bodies (Part 3 Division A1, ss19H–19K). A local heritage agreement must be approved by the Minister before it takes effect (s19I), and where approved the Minister must grant the relevant authorisation subject to the agreement (s19J).\n\n- Funding, acquisition and custody: The South Australian Aboriginal Heritage Fund is established to receive government appropriations, recovered penalties and other monies and may be used to acquire land, objects or records and to make payments under agreements (s19). The Minister may acquire land under the Land Acquisition Act for protection of sites (s30) and may acquire objects or records by purchase or, if necessary, by court valuation and order (s31).\n\n- Court remedies and additional orders: Courts may make orders to repair or restore sites, require publication of contraventions, order compensation to Aboriginal persons or bodies, and order payment of economic benefit obtained as a result of a contravention (s37DA). Local heritage agreements and Aboriginal heritage agreements are enforceable in the District Court (ss19K, 37D).\n\nOfficial rationale and a practical test against costs and incentives\n\n- The Act’s stated purpose (long title) is to provide for the protection and preservation of Aboriginal heritage. That purpose is implemented by centralising decision‑making and records with the Minister and Committee (s5; s7–8), creating criminal and civil enforcement tools (Part 3; s37DA), and enabling negotiated agreements with recognised Aboriginal representative bodies (Part 2B; ss19H–19J).\n\n- Who pays: owners, occupiers or proponents can face criminal fines and civil orders for non‑compliance (ss20(1), 21(1), 23(1), 26, 37DA). The Fund (s19) is the Minister’s vehicle for meeting obligations under agreements and for acquiring sites or objects; penalties may feed the Fund (s19(2)(e)). Where land is compulsorily acquired the Land Acquisition Act applies (s30).\n\n- Incentives and behaviour changes: Proponents who need to excavate, develop or disturb land are incentivised to obtain authorisations and to negotiate local heritage agreements where a Recognised Aboriginal Representative Body exists (ss19H–19J). The prospect of large corporate penalties (for example up to $2,000,000 for intentional or reckless damage to a site, s23(1)(a)) and additional court‑ordered reparations or disgorgement of economic benefit (s37DA(1)(a),(e)) creates strong financial incentives to comply or to secure prior approvals.\n\n- Trade‑offs and opportunity costs: Directions (s24) and heritage agreements that attach to land (s37A(2)) can limit or condition land use and may delay or add costs to projects. The Act gives the Minister and inspectors broad powers to stop or restrict activity (ss24–25), so business planning and risk allocation must account for possible interruptions and statutory conditions on authorisations (ss21(2), 23(3)).\n\n- Compliance burden and administrative discretion: The Minister has wide discretions (to determine entries in the Register s9; to approve or refuse local heritage agreements s19I; to approve agreements under Division A2 s19N; to give authorisations and set conditions s14). The Minister may delegate functions (s6). The Aboriginal Heritage Committee has advisory and approval roles (ss7–8, s19B(5)), but many statutory powers and approvals sit with the Minister. These features create implementation risk and administrative judgment points.\n\n- Effects on private enterprise and individual choice: The Act limits unregulated excavation, sale or removal of Aboriginal objects (ss21, 29) and can place binding agreements on land titles (s37C). That framework reduces unilateral freedom to develop affected land without prior checks, agreements or authorisations and may shift commercial costs to proponents, owners or occupiers.\n\n- Concentrated benefits, diffuse costs and enforcement design: The Act establishes recognised Aboriginal representative bodies and gives them standing in negotiations and decisions (Part 2B). Financial or custodial benefits under agreements or court orders will flow to identified Aboriginal persons or bodies (s37DA; s19(7)(c)). Costs of compliance, delay or statutory penalties are borne by owners, occupants or developers who engage in activities affecting sites (ss20, 21, 23). The Act provides enforcement and remedies through criminal sanctions, civil court orders and compulsory acquisition where necessary (Parts 3 and 3A; ss30–31; s37DA).\n\nImportant procedural notes and limits\n\n- The Minister must consult the Committee, recognised bodies and traditional owners before many decisions but there are statutory exceptions to consultation in certain circumstances (s13(1)–(3); s24(5)).\n- Confidential archive material may be released only under tightly defined conditions (s10).\n- Prosecutions for summary offences require authorisation in several land regimes (s45(1)).\n\nBottom line in one sentence\n\nThe Act centralises protection of Aboriginal heritage in the Minister and an advisory Committee, creates a confidential Register with legal consequences, regulates excavations, damage and sale of Aboriginal sites and objects through mandatory authorisations and agreements with Recognised Aboriginal Representative Bodies, and enforces compliance with a mix of criminal penalties, civil orders and acquisition powers — producing meaningful regulatory obligations and commercial risks for landowners, developers and other actors (see ss5, 9–11, 14, 19B, 19H–19J, 21–24, 29, 37DA)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-heritage-act-1988","history":"/api/acts/aboriginal-heritage-act-1988/history","analysis":"/api/acts/aboriginal-heritage-act-1988/analysis","conflicts":"/api/acts/aboriginal-heritage-act-1988/conflicts","importantCases":"/api/acts/aboriginal-heritage-act-1988/important-cases","documents":"/api/acts/aboriginal-heritage-act-1988/documents"}}