Aboriginal Heritage Act 1988 (SA)

South Australia

Aboriginal Heritage Act 1988

An Act to provide for the protection and preservation of the Aboriginal heritage; to repeal the Aboriginal and Historic Relics Preservation Act 1965 and the Aboriginal Heritage Act 1979; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Aboriginal Heritage Act 1988.

1. (1)

   This Act will come into operation on a day to be fixed by proclamation.

2. (2)

   The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.

In this Act, unless the contrary intention appears—

Aboriginal Heritage Guidelines or guidelines means the guidelines published under Part 2A, as in force from time to time;

Aboriginal object means an object—

1. (a)

   of significance according to Aboriginal tradition; or

2. (b)

   of significance to Aboriginal archaeology, anthropology or history,

and includes an object or an object of a class declared by regulation to be an Aboriginal object but does not include an object or an object of a class excluded by regulation from the ambit of this definition;

Aboriginal organisation means an association, body or group comprised, or substantially comprised, of Aboriginal persons having as its principal objects the furtherance of interests of Aboriginal people;

Aboriginal record means a record of information that must, in accordance with Aboriginal tradition, be kept secret from a person or group of persons;

Aboriginal remains means the whole or part of the skeletal remains of an Aboriginal person but does not include remains that have been buried in accordance with the law of the State;

Aboriginal site means an area of land—

1. (a)

   that is of significance according to Aboriginal tradition; or

2. (b)

   that is of significance to Aboriginal archaeology, anthropology or history,

and includes an area or an area of a class declared by regulation to be an Aboriginal site but does not include an area or an area of a class excluded by regulation from the ambit of this definition;

Aboriginal tradition means traditions, observances, customs or beliefs of the people who inhabited Australia before European colonisation and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation;

central archives means the archives kept by the Minister under Part 2;

the Committee means the Aboriginal Heritage Committee established under Part 2;

to damage includes to desecrate, deface or destroy;

the Fund means the South Australian Aboriginal Heritage Fund established under Part 2;

inspector means a person appointed to be an inspector under Part 2;

land includes land lying beneath inland waters or the sea;

local archives means archives kept with the assistance of the Minister under Part 2;

local heritage agreement means a local heritage agreement under section 19H, as in force from time to time;

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