Proposed changes to the Aboriginal Heritage Act 1988 (SA)

Consultation has concluded. Thank you for your contributions.

Let us know your thoughts on the draft legislation to amend the Aboriginal Heritage Act 1988

What's being decided?

We are seeking feedback on draft legislation to amend the Aboriginal Heritage Act 1988 (SA) (Act) to:

• increase penalties for breaches, and
• clarify the reporting requirements where Aboriginal sites, objects and remains (together, heritage) are discovered.

While we are keen to hear from a wide range of community members and industry stakeholders, we are especially interested to hear from our First Nations peoples about the proposed changes.

Background

How have we got here?

These changes are being proposed in line with a national movement to strengthen Aboriginal heritage protection.

The national initiative represents a major commitment to harmonise and strengthen Aboriginal heritage protection laws across Australia.

As a key stakeholder participating in this national reform process, the South Australian Government is not seeking to introduce major changes to the South Australian legislation before this process is complete.

However, some immediate changes to the South Australian Act are required:

• The first is to increase penalties for offences under the Act.
• In addition, the recent decision by the South Australian Supreme Court in Dare v Kelaray resulted in a need to clarify the obligations to report Aboriginal heritage discoveries. The changes will ensure that all heritage discovered while working under an authorisation is reported to the Minister before it may be impacted.

About the Amendment Bill

The Amendment Bill will:

• strengthen Aboriginal heritage protection in South Australia through increased and enhanced penalty provisions under the Act. These changes are consistent with reforms recommended following the destruction of irreplaceable Aboriginal rock art at Juukan Gorge that assessed all state and territory heritage protection legislation as deficient.
• respond to the Supreme Court’s reasoning in Dare v Kelaray, by clarifying that:
  • discoveries of Aboriginal heritage must be reported to the Minister, even where the person making the discovery holds an authorisation under the Act
  • authorisations may be granted to classes of persons and cover all Aboriginal heritage in an area, whether known or unknown.

Further information about the key changes to the Act is available in the Summary of Proposed Changes.

Get involved

Find out more

• Read the Summary of Proposed Changes
• Take a look at our FAQs
• Visit Aboriginal Affairs and Reconciliation’s webpage
• Read the draft Amendment Bill
• Read the consolidated Act with mark-ups

Have your say

If you wish to learn more or provide feedback, please:

• Ask a question or send your comment using our Questions & Feedback tool below.
• Call Aboriginal Affairs and Reconciliation on (08) 8363 8622 or 8303 0742
• Email your feedback to AAR.CIR@sa.gov.au
• Post your feedback to:

Aboriginal Affairs and Reconciliation

Attorney-General’s Department

GPO Box 464, ADELAIDE SA 5001

Please be aware that, unless a request for confidentiality is made, information contained in any submission may be referred to publicly or published. Any material identified as ‘confidential’ is still subject to the Freedom of Information Act 1991 (SA) and, while efforts will be made to keep the material confidential, in some circumstances it may be disclosed under that act. Where disclosure of information may identify you, attempts will be made to consult with you under the Freedom of Information Act 1991 (SA) before the documents are disclosed.

These changes are currently out for consultation until 10:00 am on Thursday 6 April 2023.

What are the next steps?

We will consider your feedback to finalise the draft Amendment Bill before it is introduced to State Parliament.