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.
Topics
Related
- WAAboriginal Heritage Act 1972 (WA) — s 18 consentAny use of land that may damage an Aboriginal site requires s 18 consent from the Minister.
- NTNorthern Territory Aboriginal Sacred Sites Act 1989 — Authority CertificateUse of land that may affect a sacred site in the NT requires an Authority Certificate from AAPA.
- ACTHeritage Act 2004 (ACT) — Aboriginal places + objectsDisturbing an Aboriginal place or object in the ACT requires registration consultation + ACT Heritage Council approval.
- QLDAboriginal Cultural Heritage Act 2003 (Qld) — duty of careAnyone carrying out an activity that could harm Aboriginal cultural heritage in Qld owes a statutory duty of care.
- TASAboriginal Heritage Act 1975 (Tas) — permit to disturb relicsA permit from the Minister is required to disturb, destroy or remove an Aboriginal relic in Tasmania.
- CWLTHEPBC Act — National Heritage + Indigenous heritage valuesActions likely to have a significant impact on National Heritage Indigenous values require Commonwealth approval.
Frequently asked questions
- Who must comply with Aboriginal Heritage Act 1988 (SA) — Minister's authorisation?
- Project proponents, land developers, infrastructure operators + miners undertaking activities in SA that may affect Aboriginal heritage.
- What triggers Aboriginal Heritage Act 1988 (SA) — Minister's authorisation?
- Proposing to damage, disturb, interfere with or excavate Aboriginal sites, objects or remains.
- When is Aboriginal Heritage Act 1988 (SA) — Minister's authorisation due?
- Before the activity — s 23 authorisation must be obtained in advance.
- What is the maximum penalty for Aboriginal Heritage Act 1988 (SA) — Minister's authorisation?
- Up to $10,000 + 6 months imprisonment (individual) or $50,000 (body corporate) under s 23 for breach.
- What evidence is required for Aboriginal Heritage Act 1988 (SA) — Minister's authorisation?
- s 23 authorisation; heritage survey; traditional owner consultation records.
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.