The State Government has announced that new laws and stronger penalties will soon be in place to crack down on people who disturb or destroy Aboriginal heritage.
The Government said the current maximum penalty for destroying Aboriginal heritage in South Australia is $50,000 for body corporates and $10,000 or six months in prison for individuals.
It said however, the new laws would make the maximum penalty for damaging, disturbing or interfering with heritage offences $2 million for body corporates and $250,000 for individuals and/or two years in prison.
It said there has yet to be a successful prosecution under the existing Act due to a requirement to prove that the offender intended to damage Aboriginal heritage.
Additionally, the Government said a lower-level offence would be created in which a defendant would need to prove they didn’t know, and could not reasonably have been expected to know, that they had impacted Aboriginal heritage.
The SA Attorney-General Kyam Maher said there was a national concern over Aboriginal heritage protection laws across the country when parts of the Juukan Gorge in WA were destroyed by Rio Tinto in 2020.
“SA’s current Aboriginal heritage protection laws are failing to deliver the protections that our ancient cultural heritage deserves,” Mr Maher said.
“These proposed reforms will change that,” he said.
“By legislating a 10-fold increase in penalties for some offences, we are sending a clear message that Aboriginal heritage is to be both protected and respected.
“We have also taken steps to make it clear exactly when and how Aboriginal heritage discoveries must be reported, including where there is an authorisation to impact heritage under the Aboriginal Heritage Act,” Mr Maher said.
