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ABORIGINAL HERITAGE ACT 1988

Table of Provisions

PART 1--Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 4 Act binds Crown

PART 2--Administration

Division 1--General

  • 5 Functions of the Minister
  • 6 Delegation
  • 7 Aboriginal Heritage Committee
  • 8 Functions of the Committee
  • 9 Central and local archives
  • 10 Confidentiality of archives
  • 11 Effect of entries in the Register
  • 12 Determination of whether site or object is an Aboriginal site or object
  • 13 Consultation on determinations, authorisations and regulations
  • 14 Authorisations subject to conditions

Division 2--Inspectors

  • 15 Inspectors
  • 16 Identification
  • 17 Powers
  • 18 Offences

Division 3--South Australian Aboriginal Heritage Fund

  • 19 The Fund

PART 2A--Aboriginal Heritage Guidelines

  • 19A Minister may publish guidelines

PART 2B--Recognised Aboriginal Representative Bodies

  • 19B Recognised Aboriginal Representative Bodies
  • 19C Priority where multiple applications
  • 19D Additional functions of Recognised Aboriginal Representative Body
  • 19E Revocation and suspension of appointment of Recognised Aboriginal Representative Body by Committee
  • 19F Revocation of appointment of Recognised Aboriginal Representative Body by Minister
  • 19G Register

PART 3--Protection and preservation of Aboriginal heritage

Division A1--Agreement making with Recognised Aboriginal Representative Bodies

  • 19H Negotiation of agreement with Recognised Aboriginal Representative Body
  • 19I Approval of local heritage agreement by Minister
  • 19J Minister to grant certain authorisations where local heritage agreement approved
  • 19K Enforcement of local heritage agreement
  • 19L Interaction of Division with other provisions

Division A2--Agreements affecting Aboriginal heritage under other Acts

  • 19M Application of Division
  • 19N Approval of agreements to which Division applies
  • 19O Variation, revocation or suspension of approval
  • 19P Certain provisions of Part not to apply in relation to acts done under approved agreements

Division A3--Register

Division 1--Discovery of, and search for, Aboriginal sites, objects and remains

  • 20 Discovery of sites, objects or remains
  • 21 Excavating sites, objects or remains
  • 22 Access to and excavation of land by authorised persons

Division 2--Protection of Aboriginal sites, objects and remains

  • 23 Damage etc to sites, objects or remains
  • 24 Directions by Minister restricting access to sites, objects or remains
  • 25 Directions by inspector restricting access to sites, objects or remains
  • 26 Failure to comply with directions of Minister or inspector
  • 27 Entry by officials
  • 28 Care of Aboriginal objects

Division 3--Control of sale of, and other dealings with, Aboriginal objects

  • 29 Control of sale of and other dealings with objects

Division 4--Acquisition and custody of Aboriginal sites, objects and records

  • 30 Acquisition of land
  • 31 Acquisition of objects and records
  • 32 Surrender of objects and records
  • 33 Forfeiture of objects
  • 34 Custody of land, objects and records

Division 5--Protection of traditions

  • 35 Divulging information contrary to Aboriginal tradition
  • 36 Access to land by Aboriginal people
  • 37 Preservation of right to act according to tradition

Division 6--Aboriginal heritage agreements

  • 37A Aboriginal heritage agreements
  • 37B Effect of Aboriginal heritage agreement
  • 37C Registration of Aboriginal heritage agreements
  • 37D Enforcement of Aboriginal heritage agreements

PART 4--Miscellaneous

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