Aboriginal Heritage Regulations 2017

Version: 1.7.2018 [18.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 1 South Australia Aboriginal Heritage Regulations 2017 under the Aboriginal Heritage Act 1988 Contents 1 Short title 3 Interpretation 4 Information to be contained in register of Recognised Aboriginal Representative Bodies 5 Information to be contained in local heritage agreement 6 Approval of local heritage agreement 7 Information to be contained in register of agreements 8 Fees Schedule 1—Fees Legislative history 1—Short title These regulations may be cited as the Aboriginal Heritage Regulations 2017. 3—Interpretation In these regulations— Act means the Aboriginal Heritage Act 1988. 4—Information to be contained in register of Recognised Aboriginal Representative Bodies (1) For the purposes of section 19G(2) of the Act, the following information is required: (a) the name and address of the body corporate from time to time constituting the Recognised Aboriginal Representative Body; (b) the name, address and contact details of either— (i) the public officer of the Recognised Aboriginal Representative Body; or (ii) a secretary or director of a body corporate from time to time constituting the Recognised Aboriginal Representative Body who will act as the contact person for the Recognised Aboriginal Representative Body; (c) the address and contact details of the principal place of business of the Recognised Aboriginal Representative Body; Aboriginal Heritage Regulations 2017—1.7.2018 2 This version is not published under the Legislation Revision and Publication Act 2002 [18.7.2018] (d) subject to section 10 of the Act, a description of sufficient particularity to identify the area, Aboriginal site, Aboriginal object or Aboriginal remains in respect of which the Recognised Aboriginal Representative Body is determined or appointed; Note— Section 10 of the Act requires the confidentiality of certain information entered in the central or local archives to be maintained. (e) if the Recognised Aboriginal Representative Body was appointed under section 19B(9)—a copy of, or reference to, the relevant native title claim or indigenous land use agreement (as the case requires). (2) A Recognised Aboriginal Representative Body must notify the Committee as soon as is reasonably practicable (but in any case within 45 days) if any of the information referred to in subregulation (1) changes. (3) For the purposes of section 19G(3) of the Act, the register may be inspected by members of the public (however, the Committee may impose such conditions on the inspection of a particular entry as the Committee thinks fit). 5—Information to be contained in local heritage agreement For the purposes of section 19H(4) and (5) of the Act, a local heritage agreement must contain the following provisions and information: (a) a provision setting out the area to which the agreement relates; (b) subject to section 10 of the Act, a provision setting out any Aboriginal site, Aboriginal object or Aboriginal remains that are known to be in the area to which the agreement relates; Note— Section 10 of the Act requires the confidentiality of certain information entered in the central or local archives to be maintained. (c) a provision setting out the proposed activities to which the agreement relates; (d) a provision setting out what steps are to be taken on the discovery of an Aboriginal site, Aboriginal object or Aboriginal remains; (e) a provision providing that, subject to the Act, any question arising as to the significance of a particular Aboriginal site or Aboriginal object to Aboriginal tradition, archaeology, anthropology or history is to be decided by the Recognised Aboriginal Representative Body in respect of the area, site, object or remains; Note— See the definition of Aboriginal object and Aboriginal site in section 3 of the Act. (f) a provision limiting the costs or charges payable in relation to the agreement; (g) a provision setting out the processes for resolving disputes arising in relation to the agreement; (h) information explaining the process by which the agreement was negotiated (including information relating to any consultation undertaken during the negotiation process). 1.7.2018—Aboriginal Heritage Regulations 2017 [18.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 3 6—Approval of local heritage agreement (1) For the purposes of section 19I of the Act, the Minister must, in deciding whether or not to approve a local heritage agreement, have regard to the following matters: (a) whether the views of traditional owners of any area, and any Aboriginal site, object or remains, affected by the proposed local heritage agreement were obtained in relation to the proposed agreement (and, if so, what those views are); (b) whether any payment that has been, or is to be, made to a Recognised Aboriginal Representative Body, traditional owners or any other person in relation to the agreement is reasonable; (c) any relevant information (being information of which the Minister is aware) kept in the central or local archives. (2) The Minister may, before deciding whether or not to approve a local heritage agreement, request a specified person or body to provide such additional information as the Minister may require for the purposes of the decision (and may decline to make a decision until the information is provided). 7—Information to be contained in register of agreements (1) For the purposes of section 19Q(2) of the Act, the following information is required: (a) in the case of a local heritage agreement— (i) a copy of the application for authority under section 21 or 23 of the Act to which the agreement relates; (ii) details of any variation to the agreement (including the date on which the variation takes effect); (iii) details sufficient to identify any report or survey referred to in the agreement or upon which the agreement is wholly or partly based; (b) in the case of an agreement to which Division A2 of the Act applies—details of any variation to the agreement (including the date on which the variation takes effect); (c) in any case— (i) a copy of the local heritage agreement or agreement to which Division A2 of the Act applies (as the case requires); (ii) the name, address and contact details of the principal place of business of any relevant Recognised Aboriginal Representative Body; (iii) the name, address and contact details of each party to the agreement. (2) For the purposes of section 19Q(3) of the Act, the register may only be inspected— (a) with the consent of each party to the relevant agreement; and (b) in accordance with any requirements specified by the Committee in relation to the relevant agreement. Aboriginal Heritage Regulations 2017—1.7.2018 4 This version is not published under the Legislation Revision and Publication Act 2002 [18.7.2018] (3) In determining whether to specify requirements for inspection of the register under subregulation (2), the Committee must have regard to, and use its best endeavours to protect, information that is confidential (including, to avoid doubt, information that is commercial-in-confidence or otherwise commercially sensitive). 8—Fees (1) For the purposes of section 37E(c) of the act, the prescribed fees are as set out in Schedule 1. (2) The Minister may, by notice in writing, exempt a specified person or body, or a person or body of a specified class, from the payment of prescribed fee. Schedule 1—Fees Application for approval of local heritage agreement under section 19I of Act $256 Application for approval of agreement under section 19M of Act $256 Application for search of Register of Aboriginal Sites and Objects— (a) for a basic search $25.50 (b) for an extended search $76.50 per hour or part thereof Application for authority under section 21 of Act (where accompanying local heritage agreement) Nil Application for authority under section 21 of Act (where no accompanying local heritage agreement) $256 Application for authority under section 23 of Act (where accompanying local heritage agreement) Nil Application for authority under section 23 of Act (where no accompanying local heritage agreement) $256 Application for authority under section 29 of Act Nil Application for authority under section 35 of Act $256 1.7.2018—Aboriginal Heritage Regulations 2017 Legislative history [18.7.2018] This version is not published under the Legislation Revision and Publication Act 2002 5 Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2017 291 Gazette 17.10.2017 p4343 17.10.2017: r 2 2018 94 Gazette 21.6.2018 p2232 1.7.2018: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2018 Sch 1 substituted by 94/2018 r 4 1.7.2018