Aboriginal Heritage Act 1988 (SA) — Minister's authorisation
Activities that damage, disturb or interfere with an Aboriginal site, object or remains require Minister's authorisation in SA.
Who must comply
Project proponents, land developers, infrastructure operators + miners undertaking activities in SA that may affect Aboriginal heritage.
What triggers it
Proposing to damage, disturb, interfere with or excavate Aboriginal sites, objects or remains.
When due
Before the activity — s 23 authorisation must be obtained in advance.
Evidence required
s 23 authorisation; heritage survey; traditional owner consultation records.
Max penalty
Up to $10,000 + 6 months imprisonment (individual) or $50,000 (body corporate) under s 23 for breach.
Summary
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. Authorisations are issued subject to conditions including consultation with the traditional owners.
Enforced by
Topics
Source: https://www.dpc.sa.gov.au/responsibilities/aboriginal-affairs-and-reconciliation/heritage. Rules Mate is not a law firm. Always verify against the live regulator source before acting.