{"id":"aboriginal-heritage-regulations-2017","name":"Aboriginal Heritage Regulations 2017","slug":"aboriginal-heritage-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235167,"registerId":"sa-aboriginal-heritage-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Aboriginal Heritage Regulations 2017","content":"South Australia\nAboriginal Heritage Regulations 2017\nunder the Aboriginal Heritage Act 1988\n\nContents\n1\tShort title\n3\tInterpretation\n4\tInformation to be contained in register of Recognised Aboriginal Representative Bodies\n5\tInformation to be contained in local heritage agreement\n6\tApproval of local heritage agreement\n7\tInformation to be contained in register of agreements\n8\tFee exemptions\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Aboriginal Heritage Regulations 2017.\n3—Interpretation\nIn these regulations—\nAct means the Aboriginal Heritage Act 1988.\n4—Information to be contained in register of Recognised Aboriginal Representative Bodies\n\t(1)\tFor the purposes of section 19G(2) of the Act, the following information is required:\n\t(a)\tthe name and address of the body corporate from time to time constituting the Recognised Aboriginal Representative Body;\n\t(b)\tthe name, address and contact details of either—\n\t(i)\tthe public officer of the Recognised Aboriginal Representative Body; or\n\t(ii)\ta secretary or director of a body corporate from time to time constituting the Recognised Aboriginal Representative Body who will act as the contact person for the Recognised Aboriginal Representative Body;\n\t(c)\tthe address and contact details of the principal place of business of the Recognised Aboriginal Representative Body;\n\t(d)\tsubject to section 10 of the Act, a description of sufficient particularity to identify the area, Aboriginal site, Aboriginal object or Aboriginal remains in respect of which the Recognised Aboriginal Representative Body is determined or appointed;\nNote—\nSection 10 of the Act requires the confidentiality of certain information entered in the central or local archives to be maintained.\n\t(e)\tif the Recognised Aboriginal Representative Body was appointed under section 19B(9)—a copy of, or reference to, the relevant native title claim or indigenous land use agreement (as the case requires).\n\t(2)\tA Recognised Aboriginal Representative Body must notify the Committee as soon as is reasonably practicable (but in any case within 45 days) if any of the information referred to in subregulation (1) changes.\n\t(3)\tFor the purposes of section 19G(3) of the Act, the register may be inspected by members of the public (however, the Committee may impose such conditions on the inspection of a particular entry as the Committee thinks fit).\n5—Information to be contained in local heritage agreement\nFor the purposes of section 19H(4) and (5) of the Act, a local heritage agreement must contain the following provisions and information:\n\t(a)\ta provision setting out the area to which the agreement relates;\n\t(b)\tsubject to section 10 of the Act, a provision setting out any Aboriginal site, Aboriginal object or Aboriginal remains that are known to be in the area to which the agreement relates;\nNote—\nSection 10 of the Act requires the confidentiality of certain information entered in the central or local archives to be maintained.\n\t(c)\ta provision setting out the proposed activities to which the agreement relates;\n\t(d)\ta provision setting out what steps are to be taken on the discovery of an Aboriginal site, Aboriginal object or Aboriginal remains;\n\t(e)\ta provision providing that, subject to the Act, any question arising as to the significance of a particular Aboriginal site or Aboriginal object to Aboriginal tradition, archaeology, anthropology or history is to be decided by the Recognised Aboriginal Representative Body in respect of the area, site, object or remains;\nNote—\nSee the definition of Aboriginal object and Aboriginal site in section 3 of the Act.\n\t(f)\ta provision limiting the costs or charges payable in relation to the agreement;\n\t(g)\ta provision setting out the processes for resolving disputes arising in relation to the agreement;\n\t(h)\tinformation explaining the process by which the agreement was negotiated (including information relating to any consultation undertaken during the negotiation process).\n6—Approval of local heritage agreement\n\t(1)\tFor the purposes of section 19I of the Act, the Minister must, in deciding whether or not to approve a local heritage agreement, have regard to the following matters:\n\t(a)\twhether the views of traditional owners of any area, and any Aboriginal site, object or remains, affected by the proposed local heritage agreement were obtained in relation to the proposed agreement (and, if so, what those views are);\n\t(b)\twhether any payment that has been, or is to be, made to a Recognised Aboriginal Representative Body, traditional owners or any other person in relation to the agreement is reasonable;\n\t(c)\tany relevant information (being information of which the Minister is aware) kept in the central or local archives.\n\t(2)\tThe Minister may, before deciding whether or not to approve a local heritage agreement, request a specified person or body to provide such additional information as the Minister may require for the purposes of the decision (and may decline to make a decision until the information is provided).\n7—Information to be contained in register of agreements\n\t(1)\tFor the purposes of section 19Q(2) of the Act, the following information is required:\n\t(a)\tin the case of a local heritage agreement—\n\t(i)\ta copy of the application for authority under section 21 or 23 of the Act to which the agreement relates;\n\t(ii)\tdetails of any variation to the agreement (including the date on which the variation takes effect);\n\t(iii)\tdetails sufficient to identify any report or survey referred to in the agreement or upon which the agreement is wholly or partly based;\n\t(b)\tin the case of an agreement to which Division A2 of the Act applies—details of any variation to the agreement (including the date on which the variation takes effect);\n\t(c)\tin any case—\n\t(i)\ta copy of the local heritage agreement or agreement to which Division A2 of the Act applies (as the case requires);\n\t(ii)\tthe name, address and contact details of the principal place of business of any relevant Recognised Aboriginal Representative Body;\n\t(iii)\tthe name, address and contact details of each party to the agreement.\n\t(2)\tFor the purposes of section 19Q(3) of the Act, the register may only be inspected—\n\t(a)\twith the consent of each party to the relevant agreement; and\n\t(b)\tin accordance with any requirements specified by the Committee in relation to the relevant agreement.\n\t(3)\tIn determining whether to specify requirements for inspection of the register under subregulation (2), the Committee must have regard to, and use its best endeavours to protect, information that is confidential (including, to avoid doubt, information that is commercial-in-confidence or otherwise commercially sensitive).\n8—Fee exemptions\n\t(2)\tThe Minister may, by notice in writing, exempt a specified person or body, or a person or body of a specified class, from the payment of prescribed fee.\nLegislative history\nNotes\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 these regulations (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.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n291\nGazette 17.10.2017 p4343 \n17.10.2017: r 2\n2018\n94\nGazette 21.6.2018 p2232\n1.7.2018: r 2\n2019\n134\nGazette 13.6.2019 p2026\n1.7.2019: r 2\n2020\n89\nGazette 4.6.2020 p2889\n1.7.2020: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2018\nr 8\n\n\nr 8(1)\ndeleted by 89/2020 r 4\n1.7.2020\nSch 1\nsubstituted by 94/2018 r 4\n1.7.2018\n\nsubstituted by 134/2019 r 4\n1.7.2019\n\ndeleted by 89/2020 r 5\n1.7.2020\nHistorical versions\n1.7.2018\n\n1.7.2019\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of administrative implementation of the Aboriginal Heritage Act 1988. The amendments shown in the legislative history (2018-2020) relate to fee schedules and commencement provisions rather than expansion of substantive scope. The deletion of Schedule 1 (fees) in 2020 actually narrowed the instrument's content."},"complexity_factors":["Only 8 regulations total, with 2 omitted/deleted (regulation 2 and Schedule 1)","Minimal defined terms — only 'Act' is defined in regulation 3","Straightforward administrative requirements without nested conditions","Simple cross-referencing to the parent Act (Aborigian Heritage Act 1988) without complex interdependencies","No exceptions to exceptions or deeply conditional logic","Regulation 8(1) has been deleted, leaving only a simple discretionary power in 8(2)","Legislative history shows repeated amendments to Schedule 1 (fee schedules) which has now been deleted entirely, simplifying the instrument"],"plain_english_summary":"These regulations set out the administrative details for how South Australia's Aboriginal Heritage Act 1988 operates in practice. They specify what information must be kept in official registers about Aboriginal heritage bodies and agreements, what must go into local heritage agreements between landowners and Aboriginal groups, and how the Minister decides whether to approve those agreements.\n\n**Key things the regulations do:**\n\n*   **Keep track of who speaks for Aboriginal heritage:** They require a register of 'Recognised Aboriginal Representative Bodies' — these are the organisations authorised to speak for particular Aboriginal sites, objects or remains. The register must include contact details and what areas they represent (though some sensitive information stays confidential).\n\n*   **Set rules for local heritage agreements:** When landowners want to make agreements with Aboriginal groups about managing heritage on their land, these regulations say what must be in those agreements — including the area covered, known heritage sites, what activities are planned, what happens if something is discovered, who decides if something is culturally significant, cost limits, and dispute resolution.\n\n*   **Guide Ministerial approval:** The Minister must check whether traditional owners were consulted, whether any payments are reasonable, and look at heritage archives before approving an agreement.\n\n*   **Manage registers of agreements:** They set up a register of heritage agreements with specific information requirements, but restrict public access — you need consent from all parties to look at it, and commercial or sensitive information is protected.\n\n*   **Allow fee exemptions:** The Minister can waive fees for certain people or organisations.\n\n**Why it matters:** These regulations put flesh on the bones of the main Act. They determine how Aboriginal communities, landowners and government actually interact when managing heritage — who gets recognised as having authority, what goes into agreements, and how transparent those agreements are."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No content was returned beyond a website error page."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be assessed without access to the actual regulations","Score of 1 reflects the absence of content to analyse, not the simplicity of the underlying law"],"plain_english_summary":"The Aboriginal Heritage Regulations 2017 (SA) set out rules under the Aboriginal Heritage Act 1988 for protecting and managing Aboriginal heritage sites, objects and remains in South Australia. They affect developers, landowners, government agencies, researchers and Aboriginal communities by prescribing procedures, responsibilities and compliance requirements that shape land use, cultural heritage consent and heritage protection."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement and clarify procedural and information requirements under the Aboriginal Heritage Act 1988—specifying registers, required agreement content, ministerial considerations, inspection conditions and fee-exemption mechanics—without expanding or narrowing the Act's substantive powers or definitions. They operationalise duties referenced in ss19G, 19H, 19I and 19Q and are constrained by the confidentiality rule in s10 of the Act."},"complexity_factors":["Multiple cross-references to the Aboriginal Heritage Act (ss19G, 19H, 19I, 19Q and s10) requiring concurrent reading of primary and subordinate instruments","Detailed mandatory content requirements for registers and local heritage agreements (regs 4, 5, 7(1)) creating specific compliance checklists","Notification and update timing obligations (45-day requirement in reg 4(2)) that create operational deadlines for recognised bodies","Ministerial discretion to request additional information before approving agreements (reg 6(2)) and to grant fee exemptions by written notice (reg 8(2))","Committee discretion to impose conditions on inspection and to specify inspection requirements, balanced against an obligation to protect confidential and commercially sensitive information (regs 4(3), 7(2)–(3))","Obligations on agreements to set dispute-resolution steps, discovery protocols and limits on costs (reg 5(c)–(g)) which require negotiation and documentation effort","Records-management and public-inspection rules that vary by entry type and may require consent from all parties before disclosure (reg 7(2)(a))"],"plain_english_summary":"These regulations set out the documentary, notification and inspection rules required under the Aboriginal Heritage Act 1988: what must go into registers for Recognised Aboriginal Representative Bodies and local heritage agreements, what details agreements must contain, how the Minister must consider approvals, and how inspection and fee exemptions operate.\n\nRecognised Aboriginal Representative Bodies and parties to agreements must supply and update specified information and may pay prescribed fees unless exempted; the Minister and the Committee decide on approvals, inspections and exemptions, and confidentiality limits in section 10 of the Act restrict public disclosure."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/aboriginal-heritage-regulations-2017","history":"/api/acts/aboriginal-heritage-regulations-2017/history","analysis":"/api/acts/aboriginal-heritage-regulations-2017/analysis","conflicts":"/api/acts/aboriginal-heritage-regulations-2017/conflicts","importantCases":"/api/acts/aboriginal-heritage-regulations-2017/important-cases","documents":"/api/acts/aboriginal-heritage-regulations-2017/documents"}}