South Australian Consolidated Acts

ABORIGINAL HERITAGE ACT 1988 - SECT 37A

37A—Aboriginal heritage agreements

        (1)         The Minister may enter into an Aboriginal heritage agreement with the owner of land on which any Aboriginal site, object or remains is situated.

        (2)         An Aboriginal heritage agreement attaches to the land and is binding on the current owner of the land whether or not that owner was the person with whom the agreement was made.

        (3)         The Minister may, by agreement with the owner of the land to which an Aboriginal heritage agreement applies, vary or terminate the agreement.

        (4)         An Aboriginal heritage agreement is, to the extent specified in the agreement, binding on the occupier of the land.

        (5)         Before entering into, varying or terminating an Aboriginal heritage agreement the Minister must take all reasonable steps to consult with—

            (a)         the Committee; and

            (b)         any Aboriginal organisation that, in the opinion of the Minister, has a particular interest in the matter; and

            (c)         any—

                  (i)         traditional owners; and

                  (ii)         other Aboriginal persons,

who, in the opinion of the Minister, have a particular interest in the matter.

        (6)         Before entering into an Aboriginal heritage agreement the Minister must take all reasonable steps to give any traditional owners of an Aboriginal site or object on the land (or a representative of those traditional owners) an opportunity to become parties to the agreement.