Sa aborigines oppose heritage act changes 20160310 p5u4y2.html – Breaking News & Latest Updates 2026
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SA Aboriginals against Heritage Act change

AAP

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South Australian traditional owners are at loggerheads with the government over proposed changes to the Aboriginal Heritage Act.

Aboriginal Affairs Minister Kyam Maher would no longer have to seek approval from traditional owners for proposals that could damage sacred sites under amendments passed in the upper house on Thursday.

He says the approval clause is "unworkable" because it requires him to delegate approval powers to individuals, rather than native title groups.

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"They would have to carry out functions delegated as the minister and not as traditional owners," Mr Maher told AAP.

"It would be incredibly difficult for traditional owners to act as a minister."

The clause has not been used since it was enacted in 1988, Mr Maher said.

But South Australian Native Title Services said it wasn't properly consulted over the changes, which it argued would dilute traditional owners' rights.

"It takes that power away from Aboriginal people and it's such a significant thing," chief executive Keith Thomas said.

"In terms of seeing the draft document, it was already tabled in parliament before we got to see it."

Mr Maher said the government had been consulting with Aboriginal groups on heritage changes since 2008.

A separate clause allowing Aboriginal groups to enter into legally-binding negotiations with developers would put them "in the driver's seat", he said.

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"If people don't want to negotiate, nothing changes," he said.

Not all Aboriginal people opposed the changes.

Adnyamathanha elder Regina McKenzie said the abandoned clause was "like an appendix. It sits there and nobody actually uses it".

Ms McKenzie said the changes would give her people greater rights over culturally significant land not covered by native title.

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"That's our belief system. Aboriginal people have the right to have developers come and talk to us about damaging our sites."

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