Aboriginal Cultural Heritage Laws in South Australia

In South Australia, Aboriginal Cultural Heritage, which includes Aboriginal sites, objects and remains, are protected under the Aboriginal Heritage Act 1988 (SA) and the Aboriginal Heritage Regulations 2017.

Unless authorised by the Minister or agreed by traditional owners, it is an offence under the Act to:

• unlawfully damage, disturb or interfere with sites, objects or remains
• not report the discovery of a new Aboriginal site, object or remains on private land (this does not apply to the traditional owner of the site or object)
• dig up land to uncover any Aboriginal heritage without the authority of the Minister; or
• sell or dispose of an Aboriginal object or remove the object from the State.

1. Request an Aboriginal site be registered
2. Negotiate a local heritage agreement (through a Recognised Aboriginal Representative Body)
3. Make a submission about applications under the Act
4. Report the discovery of, or damage to, sites to the Aboriginal Affairs and Reconciliation team
5. Apply to the Federal Government for a Declaration under the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth)