During 1996, the Hon.
Elizabeth Evatt AC carried out a comprehensive review of the
Australian Government's then
Aboriginal and Torres Strait Islander Heritage Protection 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:
Background to the state law The Act makes it a
crime to damage broadly defined classes of Aboriginal heritage without first obtaining the authority of the Minister responsible for the Act. The Act vests 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.
Criminal sanctions Within South Australia it is a criminal offence to: • excavate land uncovering Aboriginal sites, objects or remains without the Minister's authority; • damage Aboriginal sites, objects or remains without authority; • 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) • 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 , and corporate fines greater than . Only Aboriginal peoples themselves are exempt, if their actions are in accordance with relevant Aboriginal traditions. == See also ==