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).
Contents
- Evatt Review 1996
- Background to the State Law
- Aboriginal Heritage Protected
- Criminal Sanctions
- References
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.
Evatt Review: 1996
During 1996, the Honourable Elizabeth Evatt 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):
Background to the State Law
The Parliament sought to protect and preserve their State's Aboriginal heritage by making it a crime 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 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:
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.