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ABORIGINAL HERITAGE ACT 1988

ABORIGINAL HERITAGE ACT 1988


TABLE OF PROVISIONS

           Long Title

   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

   19Q.    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

   37E.    Applications under Act
   38.     Interference with signs
   39.     Service
   41.     Vicarious liability
   42.     Failure to consult etc traditional owners
   43.     Evidence
   44.     Summary offences
   45.     Commencement of prosecutions
   46.     Regulations
           SCHEDULE 1--Repeal of Acts
           SCHEDULE 3--Transitional provisions
           Legislative history