词条 | Aboriginal Heritage Act 1988 |
释义 |
The Aboriginal Heritage Act 1988 is the principal South Australian legislation protecting and preserving the state's Aboriginal heritage.[1] The Aboriginal Affairs and Reconciliation Division of the South Australian Department of Premier and Cabinet has responsibility for managing this legislation, so ensuring South Australia's Aboriginal heritage is protected, preserved, and transmitted into the future.[2] 1996 Evatt ReviewDuring 1996, the Honourable Elizabeth Evatt AC carried out a comprehensive review of the Australian Government's then Aboriginal and Torres Strait Islander Heritage Act 1984 (Cwlth), and, in the process, reviewed the Aboriginal heritage protection arrangements of each state.[3] As part of Evatt's review the following observations were made about South Australia's Aboriginal Heritage Act 1988: Background to the state lawThe 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.[4] 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.[4] Aboriginal heritage protectedThe Act had was judged to be "..one of the broadest definitions of Aboriginal cultural heritage in any of the Australian State and Territory laws..". It was also acknowledged as being the only legislation outside the Australian Capital Territory to expressly recognise that Aboriginal traditions may change over time.[4] Aboriginal sites and Aboriginal objects are defined as those: that are of significance according to Aboriginal tradition, or that are of significance to Aboriginal archaeology, anthropology or history. Aboriginal tradition is defined as: traditions, observances, customs, or beliefs of the people who inhabited Australia before European colonisation and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation. Criminal sanctionsWithin South Australia it's a criminal offence to:[4]
The Act applies to all individuals and corporate entities in the state, including the state itself, at risk of individual fines greater than $10,000, and corporate fines greater than $50,000. Only Aboriginal peoples themselves are exempt, if their actions are in accordance with relevant Aboriginal traditions.[4] See also
External links
References1. ^CROW, H (2002) Conserving Aboriginal Heritage as posted on Conservation Council of South Australia's web page Accessed 6 March 2008 {{Aboriginal South Australians}}2. ^South Australia's Department of Environment and Heritage web page on heritage Accessed 6 March 2008 3. ^EVATT, Elizabeth (1996) Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Australian Government. Canberra. 4. ^1 2 3 4 EVATT, Elizabeth (1996) Review of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984. Australian Government. Canberra. Pages 321-329 4 : South Australian heritage law|1988 in Australian law|Aborigines in South Australia|1980s in South Australia |
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