Draft Aboriginal Heritage Regulations and Guidelines

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This engagement has concluded

This is your opportunity to provide your input and contribute to shaping the Aboriginal Heritage Regulations and Guidelines that will support the recent amendments to the Aboriginal Heritage Act 1988.

Earlier this year, the Minister for Aboriginal Affairs and Reconciliation introduced changes to the Aboriginal Heritage Act 1988 (AHA) to make the AHA more inclusive of Aboriginal people in decision-making about Aboriginal heritage in South Australia.

The changes introduce an agreement making scheme enabling land use proponents and Recognised Aboriginal Representative Bodies to directly agree on the management of Aboriginal heritage. The changes are prescribed by the Aboriginal Heritage (Miscellaneous) Amendment Act 2016. The amendments have been passed by Parliament and the entirety of the amendments will come into operation once new Regulations and Guidelines that provide practical assistance on the operation of the new arrangements come into effect.

What is being decided?

The draft Aboriginal Heritage Regulations (PDF 35KB) have been released for public consultation. They specify requirements for:

• Project Planning and Aboriginal Heritage (PDF 206KB)
• an application to become a Recognised Aboriginal Representative Body (RARB) (PDF 169KB)
• the Register of Aboriginal of Agreements, Register of RARBs and Register of Aboriginal Sites and Objects (PDF 152KB)
• Local Heritage Agreements (PDF 170KB) and other Agreements (PDF 110KB)
• Good Faith Negotiation (PDF 155KB).

The draft documents are interrelated, so reading all of them will provide a more complete understanding of the operation of the amended Aboriginal Heritage Act 1988. Download a copy of the combined regulations and guidelines here (PDF 845KB).

You can provide your feedback on the regulations and guidelines here.

How can your input influence the decision?

Key stakeholders, including Aboriginal groups, peak business organisations, local government and government agencies were consulted about changes to the Aboriginal Heritage Act 1988 throughout a review process that began in 2009 and ended in early 2016.

Your feedback on the draft Regulations will be used to finalise the Aboriginal Heritage Regulations and Guidelines so that the full extent of the amendments to the Aboriginal Heritage Act 1988 passed by Parliament earlier this year can come into operation and Aboriginal people can become more involved in decision-making about Aboriginal heritage.

How can you get involved?

You are invited to comment on the draft Regulations and Guidelines and to share this opportunity with your communities, colleagues and networks.

The documents are available through the links below and on the DSD-AAR website: www.statedevelopment.sa.gov.au/AHA. You can answer the questions posed and post other comments on the discussion boards.

You can get involved by:

• visiting the Aboriginal Heritage website: www.statedevelopment.sa.gov.au/AHA
• providing your comments in the online discussions
• emailing your feedback to DSD.AARHeritage@sa.gov.au
• posting your submission to: Department of State Development, Aboriginal Affairs and Reconciliation, GPO Box 320 Adelaide, 5001.

How will your input be used?

Receipt of submissions will be acknowledged via return email or post. Feedback will be presented to the State Aboriginal Heritage Committee and the Office of Parliamentary Counsel to finalise the Aboriginal Heritage Regulations and Guidelines that will be provided to the Minister for Aboriginal Affairs and Reconciliation for consideration for introduction into Parliament.

Comments and submissions will be accepted until 5.00pm Tuesday 28 February 2017.

Want to know more?

• Download the Aboriginal Heritage (Miscellaneous) Amendment Act 2016 (PDF 90KB).
• Download the Aboriginal Heritage Act 1988 (PDF 148KB).
• Download the draft Aboriginal regulations and guidelines (PDF 35KB).
• Email us via DSD.AARHeritage@sa.gov.au.