This review was taken at the Aboriginal Affairs and Reconciliation Division Department of the Premier and Cabinet (AARD) and was conducted by representatives of the State Government. The state government released its Scoping Paper for the review of the Aboriginal Heritage Act 1988 in December 2008. Reviewing the Act is considered the most consultative process realized in SA. The Scoping Paper was designed to describe the context of and reasons for reviewing the Aboriginal Heritage Act 1988. Thus, the enactment of Native Title Act 1993(Commonwealth), new Aboriginal heritage legislation interstate, the Government’s Native Title Claims Resolution Process, development and implementation of legislation that takes an integrated approach to land management and use, the widespread use of agreements negotiated directly between Aboriginal people and land developers about heritage and related matters, implementation of the South Australian Strategic Plan are part of the context and reasons behind the review initiated by the State Government.
The purpose of this process is to see included in the new act principles such as recognition of Aboriginal custodians of cultural heritage, a much stronger framework for long-term protection and management of Aboriginal heritage, enabling Aboriginal negotiation of agreements about heritage, embedding Aboriginal heritage considerations into the development and land management process, more efficient process, certainty to all parties and complementing the Native Title Act 1993(Cth). On the other hand, the Joint Heritage Committees, which consist of the Aboriginal Congress of SA Inc.Heritage Sub-Committee and the State Aboriginal Heritage Committee (SAHC), would like to see in the new Act four key changes: establishment of an Independent Aboriginal Authority, Make developers produce and negotiate and Aboriginal Heritage Management Plan, Use of local Organisations to contact the right people for heritage and to wider the meaning of Heritage(Knowledge, all waters and land, Plants, Animals and natural resources and repatriation). The final stage will consist on the adoption of new legislation after approval by parliament in 2010, but further consultation is needed.