Aboriginal Heritage Act 1988 (SA)
Encyclopedia
The Aboriginal Heritage Act 1988 is the principal legislation passed by South Australia's Parliament
to protect and preserve their State's Aboriginal heritage (i.e. Aboriginal heritage falling within their State's boundaries).
As of 2007, the Aboriginal Affairs and Reconciliation Division of the South Australian Department of Premier and Cabinet has the responsibility of managing this legislation, so ensuring South Australia
's Aboriginal heritage is protected, preserved, and transmitted into the future.
AC
carried out a comprehensive review of the Australian Government's then Aboriginal and Torres Strait Islander Heritage Act 1984 (Cwlth), and, in the process reviewed the Aboriginal heritage protection arrangements of each State.
As part of Evatt's review the following observations were made about South Australia's Aboriginal Heritage Act 1988 (the Act):
to do damage to broadly defined classes of Aboriginal heritage without first obtaining the authority of the Minister responsible for the Act.
The Parliament vested the powers to protect and preserve Aboriginal heritage in the Minister responsible for the Act, who is required to take such measures as are practicable for protecting a preserving Aboriginal sites, objects and remains
.
to expressly recognise that Aboriginal traditions may change over time
Aboriginal sites and Aboriginal objects are those:
Aboriginal tradition is defined as:
The Act applies to all individuals and corporate entities in the State, including the State itself, at risk of individual fines greater than $10 000, and corporate fines greater than $50 000. Only Aboriginal peoples themselves are exempt, if their actions are in accordance with the relevant Aboriginal traditions.
South Australian Legislative Council
The Legislative Council, or upper house, is one of the two chambers of the Parliament of South Australia. Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly...
to protect and preserve their State's Aboriginal heritage (i.e. Aboriginal heritage falling within their State's boundaries).
As of 2007, the Aboriginal Affairs and Reconciliation Division of the South Australian Department of Premier and Cabinet has the responsibility of managing this legislation, so ensuring South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
's Aboriginal heritage is protected, preserved, and transmitted into the future.
Evatt Review: 1996
During 1996, the Honourable Elizabeth EvattElizabeth Evatt
Elizabeth Andreas Evatt, AC , an emminent Australian reformist lawyer and jurist who sat on numerous national and international tribunals and commissions, was the first Chief Judge of the Family Court of Australia, the first female judge of an Australian federal court, and the first Australian to...
AC
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
carried out a comprehensive review of the Australian Government's then Aboriginal and Torres Strait Islander Heritage Act 1984 (Cwlth), and, in the process reviewed the Aboriginal heritage protection arrangements of each State.
As part of Evatt's review the following observations were made about South Australia's Aboriginal Heritage Act 1988 (the Act):
Background to the State Law
The Parliament sought to protect and preserve their State's Aboriginal heritage by making it a crimeCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
to do damage to broadly defined classes of Aboriginal heritage without first obtaining the authority of the Minister responsible for the Act.
The Parliament vested the powers to protect and preserve Aboriginal heritage in the Minister responsible for the Act, who is required to take such measures as are practicable for protecting a preserving Aboriginal sites, objects and remains
.
Aboriginal Heritage Protected
This legislation had (in 1996) what was judged to be "..one of the broadest definitions of Aboriginal cultural heritage in any of the Australian State and Territory laws..". It was also acknowledged as being the only legislation outside the Australian Capital TerritoryAustralian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
to expressly recognise that Aboriginal traditions may change over time
Aboriginal sites and Aboriginal objects are those:
that are of significance according to Aboriginal tradition, or that are of significance to Aboriginal archaeology, anthropology or history.
Aboriginal tradition is defined as:
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.
Criminal Sanctions
Within South Australia it's a criminal offence:- to excavate land uncovering Aboriginal sites, objects or remains without the Minister's authority;
- to damage Aboriginal sites, objects or remains without authority;
- to fail to report the discovery of an Aboriginal site or object or remains to the Minister (though this obligation does not apply to tourists, hikers, and other non-land owners/occupiers)
- to fail to comply with directions the responsible Minister may give (in the form of a notice to interested parties) prohibiting or restricting access to Aboriginal sites, objects or remains.
The Act applies to all individuals and corporate entities in the State, including the State itself, at risk of individual fines greater than $10 000, and corporate fines greater than $50 000. Only Aboriginal peoples themselves are exempt, if their actions are in accordance with the relevant Aboriginal traditions.