{"id":"C2004A05158","name":"Hindmarsh Island Bridge Act 1997","slug":"hindmarsh-island-bridge-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"60 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436187,"registerId":"C2004A05158-fast-fetch-1775953438962","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Hindmarsh Island Bridge Act 1997","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: 2008\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nHindmarsh Island Bridge Act 1997\n\n \n\nNo. 60, 1997\n\n \n\n \n\n \n\n \n\n \n\nAn Act to facilitate the construction of the Hindmarsh Island bridge, and for related purposes\n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Interpretation\n\n4 Provisions facilitating construction etc. of the bridge\n\nSchedule 1—Description of areas\n\n \n\n![](image.001.png)\n\n \n\n \n\nHindmarsh Island Bridge Act 1997\n\nNo. 60, 1997\n\n \n\n \n\n \n\nAn Act to facilitate the construction of the Hindmarsh Island bridge, and for related purposes\n\n[Assented to 22 May 1997]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act may be cited as the Hindmarsh Island Bridge Act 1997.\n\n2  Commencement\n\n  This Act commences on the day on which it receives the Royal Assent.\n\n3  Interpretation\n\n  In this Act:\n\nHeritage Protection Act means the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.\n\nHindmarsh Island bridge area means the area identified in clause 1 of Schedule 1.\n\npit area means the area identified in clause 2 of Schedule 1.\n\n4  Provisions facilitating construction etc. of the bridge\n\n (1) The Heritage Protection Act does not authorise the making of a declaration in relation to the preservation or protection of an area or object from any of the following activities:\n\n (a) the construction of a bridge, and associated works (including approaches to the bridge), in the Hindmarsh Island bridge area;\n\n (b) work or other activities in that area preparatory to, or associated with, that construction;\n\n (c) maintenance on, or repairs to, the bridge and associated works;\n\n (d) use of the bridge and associated works;\n\n (e) the removal of materials from, or dumping of materials in, the pit area in connection with any of the activities mentioned in paragraphs (a), (b) and (c).\n\n (2) The Heritage Protection Act does not authorise the Minister to take any action after the commencement of this Act in relation to an application (whether made before or after the commencement of this Act) that relates (wholly or partly) to activity covered by paragraph (1)(a), (b), (c), (d) or (e).\n\n\n\n\nSchedule 1—Description of areas\n\n \n\n1  Hindmarsh Island bridge area\n\n  For the purposes of this Act, the Hindmarsh Island bridge area is the area of land and water in South Australia, County of Hindmarsh, Hundreds of Goolwa and Nangkita, bounded as follows (coordinate references are to Australian Map Grid Coordinates (AMG 84) Zone 54):\n\n (a) from 299000 East 6068870 North, a straight line south-east to 299650 East 6068360 North;\n\n (b) then from that point, a straight line south-west to 299629 East 6068270 North;\n\n (c) then from that point, a straight line north-west to 298959 East 6068750 North;\n\n (d) then from that point, a straight line back to the starting point.\n\nA map of the area appears on the next page. The description above is authoritative and prevails over the map if there is any inconsistency.\n\n2  Pit area\n\n  For the purposes of this Act, the pit area is the area of land in the State of South Australia, County of Hindmarsh, Hundred of Nangkita, bounded as follows (coordinate references are to Australian Map Grid Coordinates (AMG 84) Zone 54):\n\n (a) from 300440 East 6067790 North, a straight line in a grid North direction to meet the southern boundary of the road reserve known as Randell Road;\n\n (b) then generally in a north-westerly direction for 300 metres along that boundary;\n\n (c) then a straight line generally in a south-westerly direction to 300065 East 6067780 North;\n\n (d) then from that point, a straight line back to the starting point.\n\n \n\n![](image.002.png)\n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 17 October 1996\n\nSenate on 18 November 1996]\n\n \n\n(139/96)\n\n \n\n\n\n\n \n\n \n\nI HEREBY CERTIFY that the above is a fair print of the Hindmarsh Island Bridge Bill 1997 which originated in the House of Representatives as the Hindmarsh Island Bridge Bill 1996 and has been finally passed by the Senate and the House of Representatives.\n\n \n\n \n\n \n\nClerk of the House of Representatives\n\n \n\nIN THE NAME OF HER MAJESTY, I assent to this Act.\n\n \n\n \n\n \n\nGovernor-General\n\n1997\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains precisely targeted at its original purpose. It was always intended as a specific, limited-purpose statute to enable the Hindmarsh Island bridge by removing heritage law obstacles for that specific project. The scope has not expanded beyond the original bridge area and pit area defined in 1997."},"complexity_factors":["Extremely short statute: only 4 operative sections plus a Schedule with coordinate-based boundary descriptions","Minimal defined terms: only 3 definitions in section 3 (Heritage Protection Act, Hindmarsh Island bridge area, pit area)","No cross-references to other legislation beyond the single reference to the Aboriginal and Torres Strait Islander Heritage Protection Act 1984","Simple conditional structure: straightforward prohibitions without nested exceptions or complex triggering conditions","Single purpose legislation with no regulatory mechanisms, delegated powers, or administrative procedures","Geographic descriptions use standard AMG84 coordinate references but are otherwise uncomplicated boundary definitions"],"plain_english_summary":"This law allows a specific bridge to be built in South Australia by removing normal Aboriginal heritage protections that would otherwise apply.\n\n**What it does:**\nThe *Hindmarsh Island Bridge Act 1997* is a very targeted piece of legislation. It strips away protections under the *Aboriginal and Torres Strait Islander Heritage Protection Act 1984* for a specific area around Hindmarsh Island in South Australia. This means the federal government cannot use that heritage law to stop, delay, or protect the area from bridge construction and related activities.\n\n**Who it affects:**\n- **The developers:** The law clears legal obstacles for building the Hindmarsh Island bridge and associated works.\n- **Traditional owners:** The Ngarrindjeri people, who have cultural and spiritual connections to the area (particularly regarding \"secret women's business\" that became nationally controversial), lost the ability to seek federal protection for this specific site.\n- **The public:** The law enables infrastructure that connects Hindmarsh Island to the mainland.\n\n**Why it matters:**\nThis is one of Australia's most controversial pieces of legislation. It was passed specifically to override a federal heritage protection application and subsequent declaration that had stopped the bridge project. It represents a rare instance where Parliament passed a law to remove protections from a specific Aboriginal heritage site for a specific development project. The law became a flashpoint in debates about Indigenous rights, cultural heritage, and parliamentary power versus judicial and administrative processes.\n\n**Key mechanics:**\n- Defines two precise geographic areas using map coordinates: the \"Hindmarsh Island bridge area\" (where the bridge goes) and the \"pit area\" (for construction materials).\n- Explicitly states that the Heritage Protection Act **cannot** be used to declare these areas protected from bridge construction, preparatory work, maintenance, use, or material removal/dumping.\n- Applies retroactively to applications made before the Act commenced, effectively wiping out pending heritage claims."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act was designed solely to facilitate the Hindmarsh Island bridge and has not been amended to expand its scope. Its original intent remains unchanged."},"complexity_factors":["Very short Act with only 5 sections (including schedule).","Only one defined term references the Heritage Protection Act.","No nested conditions or exceptions to exceptions.","Clear mapping coordinates in the schedule."],"plain_english_summary":"The Hindmarsh Island Bridge Act 1997 overrides the existing Aboriginal and Torres Strait Islander Heritage Protection Act 1984 to allow the construction, maintenance, and use of a bridge and associated works (like roads and material removal) in two specific areas near Hindmarsh Island, South Australia. The Act prevents any heritage protection declarations from blocking these activities. It was passed to ensure the bridge could be built despite potential heritage concerns."}},"importantCases":[],"_links":{"self":"/api/acts/hindmarsh-island-bridge-act-1997","history":"/api/acts/hindmarsh-island-bridge-act-1997/history","analysis":"/api/acts/hindmarsh-island-bridge-act-1997/analysis","conflicts":"/api/acts/hindmarsh-island-bridge-act-1997/conflicts","importantCases":"/api/acts/hindmarsh-island-bridge-act-1997/important-cases","documents":"/api/acts/hindmarsh-island-bridge-act-1997/documents"}}