Does Aboriginal Heritage Act 1988 (SA) — Minister's authorisation apply to mining and resources?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Only if
Only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Being in this industry makes the obligation worth checking (Industry: Mining & resources), but the trigger is a fact the industry alone does not settle.
The obligation in brief
Aboriginal Heritage Act 1988 (SA) — Minister's authorisation. Aboriginal Heritage Act 1988 (SA) makes it an offence to damage, disturb or interfere with any Aboriginal site, object or remains without the authorisation of the Minister for Aboriginal Affairs and Reconciliation under s 23 (Aboriginal Affairs and Reconciliation Division). The Central Archive holds the Register; the State Aboriginal Heritage Committee advises.
Trigger: Proposing to damage, disturb, interfere with or excavate Aboriginal sites, objects or remains.
Why mining & resources get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Aboriginal Heritage Act 1988 (SA) — Minister's authorisation" is no. Mining & resources is one of the 3 where the answer is different: only if.
The deciding fact for mining and resources: Industry: Mining & resources; applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.
About the industry: Mining operations subject to state mining safety regimes, NGER, and royalty obligations.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).
Answer by business structure and size
Each cell is the engine's outcome for a business in mining & resources with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Check | Check | Check | Check | Check | Check |
| Partnership | Check | Check | Check | Check | Check | Check |
| Trust | Check | Check | Check | Check | Check | Check |
| Pty Ltd company | Check | Check | Check | Check | Check | Check |
| Public company | Check | Check | Check | Check | Check | Check |
| Not-for-profit (unregistered) | Check | Check | Check | Check | Check | Check |
| Registered charity | Check | Check | Check | Check | Check | Check |
| Super fund | Check | Check | Check | Check | Check | Check |
| Foreign company | Check | Check | Check | Check | Check | Check |
What the obligation requires
- When due
- Before the activity — s 23 authorisation must be obtained in advance.
- Evidence to keep
- s 23 authorisation; heritage survey; traditional owner consultation records.
- Maximum penalty
- Up to $10,000 + 6 months imprisonment (individual) or $50,000 (body corporate) under s 23 for breach.
- Regulator
- See source
- Jurisdiction
- SA only
Other obligations where mining & resources differ from the norm
- Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics: Only if
- Heritage Act 2004 (ACT) — Aboriginal places + objects: Only if
- Comply with the respirable crystalline silica workplace exposure limit (0.05 mg/m³): Yes
- EPBC Act — assess + approve controlled actions affecting MNES: Only if
- Maintain Hazardous Chemicals Register + manifest (WHS Reg): Yes
- Notify + remediate contaminated land (state): Only if
- All 18 answers for mining & resources
Other industries with a non-default answer
Questions
- Does Aboriginal Heritage Act 1988 (SA) — Minister's authorisation apply to mining and resources?
- Only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Being in this industry makes the obligation worth checking (Industry: Mining & resources), but the trigger is a fact the industry alone does not settle.
- Is the answer the same for every industry?
- No. For 32 of the 35 industries Rules Mate maps, the answer is no. Mining & resources is one of 3 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.