Who must comply with 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.

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.

Applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: 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.

Jurisdiction: South Australia law only. A business with no operations in SA is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (3 of 35: only if a further fact applies; 32 of 35: no).

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title.

The engine shows this obligation as "check whether this applies" when a business has industry: Mining & resources / Construction (residential & commercial) / Agriculture, forestry & fishing. It then applies only if your activity disturbs land that may contain Aboriginal cultural heritage or is subject to native title. That fact is not something Rules Mate can infer from industry, structure or size.

When due

Before the activity — s 23 authorisation must be obtained in advance.

Frequency

When a triggering event occurs

Evidence to keep

s 23 authorisation; heritage survey; traditional owner consultation records.

Status

Current

Priority

High

Maximum penalty: Up to $10,000 + 6 months imprisonment (individual) or $50,000 (body corporate) under s 23 for breach.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 8: the engine uses the same rule for each.

• Native Title Future Act procedures
• Aboriginal Heritage Act 2006 (Vic) — CHMP
• National Parks and Wildlife Act 1974 (NSW) — Aboriginal heritage
• Aboriginal Cultural Heritage Act 2003 (Qld) — duty of care
• Aboriginal Heritage Act 1972 (WA) — s 18 consent
• Aboriginal Heritage Act 1975 (Tas) — permit to disturb relics
• Northern Territory Aboriginal Sacred Sites Act 1989 — Authority Certificate
• Heritage Act 2004 (ACT) — Aboriginal places + objects

Rules Mate tracks 10 published obligations tagged "indigenous", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is triggered by events.

Free tools that help with this obligation:

• Compliance calendar builder