South Australian Consolidated Acts

ABORIGINAL HERITAGE ACT 1988 - SECT 22

22—Access to and excavation of land by authorised persons

        (1)         Where the Minister has reason to believe that any Aboriginal site, object or remains have been or may be found on or under any land (including private land), the Minister may authorise a person—

            (a)         to enter the land; and

            (b)         to search for the site, object or remains; and

            (c)         to excavate the land.

        (2)         Before entering any land pursuant to an authorisation under this section, the authorised person must give reasonable notice in writing to the owner and occupier (if any) of the land identifying the land affected.

        (3)         Where any Aboriginal object or remains, or any object or remains that may be an Aboriginal object or Aboriginal remains, is or are found on the land, the Minister, if satisfied that it is necessary to do so for the protection or preservation of the object or remains, may take possession of the object or remains.

        (4)         The Minister must make good any damage done to land by a person acting in pursuance of this section.

        (5)         A person must not, without reasonable excuse, hinder or obstruct a person acting pursuant to an authorisation under this section.

Penalty: $2 000 or imprisonment for 3 months.