South Australian Consolidated Acts South Australian Consolidated ActsIn this Act, unless the contrary intention appears—
"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;
"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;
"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.