On 26 September 2024 the South Australian parliament passed the Aboriginal Heritage (Miscellaneous) Amendment Bill 2024.
These changes came into effect 1 January 2025. To read the full version of the amended Aboriginal Heritage Act visit the South Australian legislation website.
About the changes
The primary changes to the Act from 1 January 2025 are:
Enhanced penalty and enforcement provisions
- Increased penalties for offences including significantly higher penalties for damaging, disturbing, or interfering with Aboriginal heritage with up to $2 million in fines for companies or $250,000 and/or imprisonment for 2 years for individuals.
- New penalty orders that go beyond fines and imprisonment to include compensation to Aboriginal parties for harm caused and other financial and non-financial consequences for companies and individuals who are found guilty of breaching the Act.
- Enhanced powers for inspectors.
See our Offences and penalties fact sheet (PDF, 229.2 KB) to find out more about the enhanced penalty and enforcement provisions
Clearer reporting requirements
- Discoveries of Aboriginal heritage must be reported to the Minister for Aboriginal Affairs, including while working under an authorisation under section 21 and/or 23 of the Act.
- There is a new section 20A that includes prescribing when works must stop and an obligation to stop and report new information about a site or remains.
See our Reporting discoveries of Aboriginal heritage fact sheet (PDF, 250.6 KB) to find out more about the requirements.
Scope of authorisations clarified
Authorisations can apply to:
- A specified class of persons, such as an authorised party's agents, employees, sub-contractors etc.
- In the case of section 21 and 23 authorisations - uncovering, damaging, disturbing and/or interfering with specified Aboriginal sites, objects or remains - or all Aboriginal sites, objects or remains within a specified area.
- In the case of section 29 authorisations - the sale and/or removal of Aboriginal objects from South Australia - specified Aboriginal objects or Aboriginal objects of a specified class.
How have we got here?
These changes were proposed in line with a national movement to strengthen Aboriginal heritage protection.
The national initiative represents a major commitment to harmonise and strengthen Aboriginal heritage protection laws across Australia.
The proposed changes were open for public consultation until Thursday 6 April 2023. Visit YourSAy to read a summary of the proposed changes, view the draft Bill and the consolidated Act with mark-ups.