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