What it does
The Aboriginal Heritage Act 1988 (SA) establishes a comprehensive statutory regime for the identification, protection, preservation and management of Aboriginal sites, objects and remains across South Australia. At its core the Act imposes positive duties to report discoveries, prohibits unauthorised interference, and confers broad powers on the Minister and inspectors to issue directions, grant authorisations and enter agreements that balance heritage protection with land use.
Part 1 contains interpretive provisions that define key concepts. “Aboriginal site” and “Aboriginal object” are defined by reference to significance according to Aboriginal tradition or to archaeology, anthropology or history (s 3). “Aboriginal tradition” expressly includes post-colonisation evolution of customs. The Act binds the Crown (s 4).
Part 2 creates administrative machinery. The Minister’s functions include taking practicable protective measures, conducting research and assisting searches (s 5). The Aboriginal Heritage Committee, constituted by Aboriginal members appointed so far as practicable from all parts of the State with equal gender representation (s 7), advises the Minister on Register entries, protective measures and authorisations (s 8). Central archives, including the Register of Aboriginal Sites and Objects, must be maintained with strict confidentiality rules that can only be lifted with traditional-owner consent or Committee approval where owners cannot be located (s 10). Entries in the Register give rise to conclusive presumptions in legal proceedings (s 11).
Part 2B, inserted in 2016, establishes Recognised Aboriginal Representative Bodies. Certain land rights bodies (Anangu Pitjantjatjara Yankunytjatjara and Maralinga Tjarutja) are automatically recognised for their lands (s 19B(2)–(3)). Registered native title bodies corporate are taken to be recognised subject to Committee approval (s 19B(4)). The Committee may appoint other bodies after assessing capacity to represent traditional owners, including gender-specific knowledge (s 19B(12)). Priority is given to applicants with the strongest traditional affiliation (s 19C). These bodies gain advisory functions and negotiation rights.