South Australian Current Acts

ABORIGINAL HERITAGE ACT 1988 - SECT 24

24—Directions by Minister restricting access to sites, objects or remains

        (1)         Subject to this section, where the Minister is satisfied that it is necessary for the protection or preservation of—

            (a)         an Aboriginal site, object or remains; or

            (b)         a site, object or remains that the Minister has reason to believe may be an Aboriginal site, object or remains,

the Minister may give directions prohibiting or restricting—

            (c)         access to the site or an area surrounding the site or to the object or remains;

            (d)         activities on or in relation to the site or an area surrounding the site or in relation to the object or remains.

        (2)         The Minister must not give directions under subsection (1)(c) except with the approval of the Governor.

        (2a)         The Minister must, before giving directions under this section, have regard to—

            (a)         any local heritage agreement in respect of the site, object or remains; and

            (b)         any agreement to which Part 3 Division A2 applies that relates to the site, object or remains.

        (3)         Directions may be given under this section—

            (a)         if limited in their application to a particular person or persons—by notice in writing to that person or those persons; or

            (b)         if of general application—

                  (i)         by notice published in the Gazette; or

                  (ii)         by notice published in a newspaper circulating generally throughout the State; or

                  (iii)         by the erection of signs in the vicinity of the site, area, object or remains; or

                  (iv)         by a combination of methods referred to in this paragraph,

as the Minister considers appropriate in the circumstances.

        (4)         Subject to subsection (5), the Minister must, before giving any directions under this section, take reasonable steps to give not less than eight weeks notice of the proposed directions to—

            (a)         the owner and occupier (if any) of private land in relation to which the directions apply; and

            (ab)         if there is a Recognised Aboriginal Representative Body in respect of the area in which the Aboriginal site, object or remains are located, or in respect of the Aboriginal site, object or remains—the Recognised Aboriginal Representative Body; and

            (b)         the Committee; and

            (c)         any Aboriginal organisation that, in the opinion of the Minister, has a particular interest in the matter; and

            (d)         a representative of—

                  (i)         any traditional owners; and

                  (ii)         any other Aboriginal persons,

who, in the opinion of the Minister, have a particular interest in the matter.

        (5)         The Minister may, if satisfied that urgent action is necessary, give directions under this section without the notice required by subsection (4), but must, in that event, take reasonable steps to give the notice as soon as practicable after giving the directions.

        (6)         A notice must—

            (a)         set out the directions; and

            (b)         give the reasons for the directions; and

            (c)         state that any interested person or body may make representations to the Minister with respect to the directions; and

            (d)         if given under subsection (3)(a), set out the penalty for contravening or failing to comply with a direction.

        (7)         Where directions are given under this section in relation to a site or object that is not entered in the Register of Aboriginal Sites and Objects, the Minister must, as soon as practicable—

            (a)         determine whether the site or object should be entered in the Register; and

            (b)         if the Minister determines that the site or object should not be entered in the Register—revoke the directions.

        (8)         Where directions are given under this section in relation to remains not known to be Aboriginal remains, the Minister must, as soon as practicable—

            (a)         determine whether the remains are Aboriginal remains; and

            (b)         if the Minister determines that the remains are not Aboriginal remains—revoke the directions.

        (9)         The Minister must—

            (a)         give due consideration to any representations made with respect to the directions; and

            (b)         if satisfied (whether on the basis of such representations or otherwise) that the directions should be revoked or modified, revoke or modify the directions accordingly.

        (10)         Within 30 days after the sale of land in relation to which directions under this section apply, the vendor must provide the Minister with the following information in writing—

            (a)         the date of the sale; and

            (b)         the name and address of the purchaser.

Maximum penalty: $2 000.

        (11)         This section does not apply to Aboriginal objects or remains that are in a public or private collection.