ABORIGINAL HERITAGE ACT 1988 - SECT 3

ABORIGINAL HERITAGE ACT 1988 - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"Aboriginal Heritage Guidelines" or "guidelines" means the guidelines published under Part 2A, as in force from time to time;

"Aboriginal object" means an object—

            (a)         of significance according to Aboriginal tradition; or

            (b)         of significance to Aboriginal archaeology, anthropology or history,

and includes an object or an object of a class declared by regulation to be an Aboriginal object but does not include an object or an object of a class excluded by regulation from the ambit of this definition;

"Aboriginal organisation" means an association, body or group comprised, or substantially comprised, of Aboriginal persons having as its principal objects the furtherance of interests of Aboriginal people;

"Aboriginal record" means a record of information that must, in accordance with Aboriginal tradition, be kept secret from a person or group of persons;

"Aboriginal remains" means the whole or part of the skeletal remains of an Aboriginal person but does not include remains that have been buried in accordance with the law of the State;

"Aboriginal site" means an area of land—

            (a)         that is of significance according to Aboriginal tradition; or

            (b)         that is of significance to Aboriginal archaeology, anthropology or history,

and includes an area or an area of a class declared by regulation to be an Aboriginal site but does not include an area or an area of a class excluded by regulation from the ambit of this definition;

"Aboriginal tradition" means traditions, observances, customs or beliefs of the people who inhabited Australia before European colonisation and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation;

"central archives" means the archives kept by the Minister under Part 2;

"the Committee" means the Aboriginal Heritage Committee established under Part 2;

"to damage" includes to desecrate, deface or destroy;

"the Fund" means the South Australian Aboriginal Heritage Fund established under Part 2;

"inspector" means a person appointed to be an inspector under Part 2;

"land" includes land lying beneath inland waters or the sea;

"local archives" means archives kept with the assistance of the Minister under Part 2;

"local heritage agreement" means a local heritage agreement under section 19H, as in force from time to time;

"mining tenement" means—

            (a)         a mineral claim, a lease or licence under the Mining Act 1971 ; or

            (b)         a licence under the Petroleum Act 1940 ; or

            (c)         a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982 ; or

            (d)         a licence under the Offshore Minerals Act 2000 ;

"object" includes an object that forms part of, or is a fixture to, land;

"owner" in relation to private land means—

            (a)         in the case of land alienated from the Crown in fee simple—the holder of an estate in fee simple in the land;

            (b)         in the case of land held from the Crown under a lease or licence—the lessee or licensee;

            (c)         in the case of land occupied under an agreement for sale and purchase with the Crown—the person entitled to exercise the right of purchase,

and if the land is subject to a mining tenement a reference to the owner of the land extends to the holder of the tenement;

"private land" means—

            (a)         land alienated from the Crown in fee simple; or

            (b)         land occupied under a lease, licence or agreement for sale and purchase with the Crown; or

            (c)         land subject to a mining tenement;

"Recognised Aboriginal Representative Body", in respect of an area, or an Aboriginal site, object or remains, means the Recognised Aboriginal Representative Body in respect of the area, site, object or remains determined or appointed in accordance with Part 2B;

"record" means—

            (a)         a documentary record;

            (b)         a record made by an electronic, electromagnetic, photographic or optical process;

            (c)         any other kind of record;

"Register of Aboriginal Sites and Objects" means the part of the central archives so entitled and kept by the Minister under Part 2;

"to sell" means—

            (a)         to sell, barter or exchange; or

            (b)         to agree or offer to sell, barter or exchange; or

            (c)         to expose for sale, barter or exchange,

and "sale" has a corresponding meaning;

"traditional owner" of an Aboriginal site or object means an Aboriginal person who, in accordance with Aboriginal tradition, has social, economic or spiritual affiliations with, and responsibilities for, the site or object;

"working day" means any day except a Saturday, Sunday or public holiday.