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Legislation

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The Heritage Branch's prime roles are to identify, conserve, protect, promote and provide policy advice on State Heritage Places and maritime heritage of South Australia within the framework of the Heritage Places Act 1993, the Development Act 1993, the SA Historic Shipwrecks Act 1981 and the national Historic Shipwrecks Act 1976.

Local heritage management is provided for in the Development Act 1993, and is a responsibility of local councils.

For an overview of South Australia's heritage protection framework for State and local heritage places and how it is affected by recent and proposed amendments to heritage and development legislation, see Heritage in a nutshell (100Kb PDF).

Aboriginal heritage is managed by the the Aboriginal Affairs and Reconciliation Division of the Department of Premier and Cabinet under the Aboriginal Heritage Act 1988.

Acts and Regulations

Heritage Places Act 1993
A summary of the Heritage Places Act 1993 is contained in Heritage Information Leaflet 1.5. The Act came into operation on 17 November 2005, replacing the Heritage Act 1993. The Heritage Places Regulations 2005 also came into operation on 17 November 2005, replacing the Heritage Regulations 2005.

Development Act 1993
A summary of the Development Act 1993 as it relates to places of State heritage significance is contained in Heritage Information Leaflet 1.6. A Bill to amend the Act was introduced in the Legislative Council in April 2005. It includes local heritage reforms in Sections 25A and 26A.

Historic Shipwrecks Act 1981 (State)
Any shipwreck or relic that is older than 75 years is automatically declared as historic and protected. The Act covers State internal waters, the two gulfs and four historic bays ie the River Murray, Gulf St. Vincent, Spencer Gulf, Encounter Bay, Lacepede Bay, Rivoli Bay and Anxious Bay.

Historic Shipwrecks Act 1976 (Australian Government)
Any shipwreck or relic that is older than 75 years is automatically declared as historic and protected. The Act covers water off the South Australian coast from the high water mark or the agreed baselines but does not include State internal waters.

 

 

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