South Australian Consolidated Acts

ABORIGINAL HERITAGE ACT 1988 - SECT 12

12—Determination of whether site or object is an Aboriginal site or object

        (1)         If a person proposes to take action in relation to a particular object and that action may constitute an offence against this Act if the object is an Aboriginal object, the person may apply to the Minister under this section.

        (2)         On an application under subsection (1), the Minister must—

            (a)         if the object is entered in the Register of Aboriginal Sites and Objects, give the applicant written notice that it is so entered;

            (b)         if the object is not entered in the Register, determine whether it should be so entered and give the applicant written notice of the determination.

        (3)         If a person proposes to take action in relation to a particular area and that action may constitute an offence against this Act if the area is, is part of or includes an Aboriginal site or if an Aboriginal object is located in the area, the person may apply to the Minister under this section.

        (4)         On an application under subsection (3), the Minister must—

            (a)         determine whether any entries should be made in the Register of Aboriginal Sites and Objects in relation to sites or objects in the area that are not so entered and give the applicant written notice of the determination; or

            (b)         subject to subsection (5), give the applicant written notice of the location of each Aboriginal site or object in the area that is entered, or that the Minister has determined should be entered, in the Register.

        (5)         The Minister must not disclose the exact location of a site or object if, in the Minister's opinion, the disclosure is likely to be detrimental to the protection or preservation of the site or object or to be in contravention of Aboriginal tradition.

        (6)         The Minister may, within 20 working days after receiving an application, require an applicant to provide information in connection with the application or to engage an expert acceptable to the Minister to do so.

        (7)         Where the Minister requires information to be provided under subsection (6), the Minister must determine the application within 30 working days of receiving that information.

        (8)         The Minister may refuse to entertain an application under this section on the grounds—

            (a)         that the area or object is insufficiently identified; or

            (b)         that the application is not genuine; or

            (c)         that the Minister does not have the resources to determine the application.