Aboriginal Heritage Act 1988 (SA)

South Australia Aboriginal Heritage Act 1988 An Act to provide for the protection and preservation of the Aboriginal heritage; to repeal the Aboriginal and Historic Relics Preservation Act 1965 and the Aboriginal Heritage Act 1979; and for other purposes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Act binds Crown Part 2—Administration Division 1—General 5 Functions of the Minister 6 Delegation 7 Aboriginal Heritage Committee 8 Functions of the Committee 9 Central and local archives 10 Confidentiality of archives 11 Effect of entries in the Register 12 Determination of whether site or object is an Aboriginal site or object 13 Consultation on determinations, authorisations and regulations 14 Authorisations subject to conditions Division 2—Inspectors 15 Inspectors 16 Identification 17 Powers 17A Warrants 17B Self-incrimination 18 Offences Division 3—South Australian Aboriginal Heritage Fund 19 The Fund Part 2A—Aboriginal Heritage Guidelines 19A Minister may publish guidelines Part 2B—Recognised Aboriginal Representative Bodies 19B Recognised Aboriginal Representative Bodies 19C Priority where multiple applications 19D Additional functions of Recognised Aboriginal Representative Body 19E Revocation and suspension of appointment of Recognised Aboriginal Representative Body by Committee 19F Revocation of appointment of Recognised Aboriginal Representative Body by Minister 19G Register Part 3—Protection and preservation of Aboriginal heritage Division A1—Agreement making with Recognised Aboriginal Representative Bodies 19H Negotiation of agreement with Recognised Aboriginal Representative Body 19I Approval of local heritage agreement by Minister 19J Minister to grant certain authorisations where local heritage agreement approved 19K Enforcement of local heritage agreement 19L Interaction of Division with other provisions Division A2—Agreements affecting Aboriginal heritage under other Acts 19M Application of Division 19N Approval of agreements to which Division applies 19O Variation, revocation or suspension of approval 19P Certain provisions of Part not to apply in relation to acts done under approved agreements Division A3—Register 19Q Register Division 1—Discovery, protection and management of Aboriginal sites, objects and remains 20 Reporting discovery of sites, objects or remains where person not acting under Ministerial authorisation 20A Cessation of activity and reporting to Minister on discovery etc of certain sites, objects or remains while acting under authorisation 21 Excavating sites, objects or remains 22 Access to and excavation of land by authorised persons 23 Damaging, disturbing or interfering with sites, objects or remains 24 Directions by Minister for protection and preservation of sites, objects or remains 25 Directions by inspector for protection and preservation of sites, objects or remains 26 Failure to comply with directions of Minister or inspector 27 Entry by officials 28 Care of Aboriginal objects Division 3—Control of sale of, and other dealings with, Aboriginal objects 29 Control of sale of and other dealings with objects Division 4—Acquisition and custody of Aboriginal sites, objects and records 30 Acquisition of land 31 Acquisition of objects and records 32 Surrender of objects and records 33 Forfeiture of objects 34 Custody of land, objects and records Division 5—Protection of traditions 35 Divulging information contrary to Aboriginal tradition 36 Access to land by Aboriginal people 37 Preservation of right to act according to tradition Division 6—Aboriginal heritage agreements 37A Aboriginal heritage agreements 37B Effect of Aboriginal heritage agreement 37C Registration of Aboriginal heritage agreements 37D Enforcement of Aboriginal heritage agreements Part 3A—Additional court orders where contravention of Act 37DA Court may make additional orders where contravention of Act Part 4—Miscellaneous 37E Applications under Act 38 Interference with signs 39 Service 41 Vicarious liability 42 Failure to consult etc traditional owners 43 Evidence 45 Commencement of prosecutions 46 Regulations Schedule 1—Repeal of Acts Schedule 3—Transitional provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Aboriginal Heritage Act 1988. 2—Commencement (1) This Act will come into operation on a day to be fixed by proclamation. (2) The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation. 3—Interpretation In this Act, unless the contrary intention appears— Aboriginal Heritage Guidelines or guidelines means the guidelines published under Part 2A, as in force from time to time; Aboriginal object means an object— (a) of significance according to Aboriginal tradition; or (b) of significance to Aboriginal archaeology, anthropology or history, and includes an object or an object of a class declared by regulation to be an Aboriginal object but does not include an object or an object of a class excluded by regulation from the ambit of this definition; Aboriginal organisation means an association, body or group comprised, or substantially comprised, of Aboriginal persons having as its principal objects the furtherance of interests of Aboriginal people; Aboriginal record means a record of information that must, in accordance with Aboriginal tradition, be kept secret from a person or group of persons; Aboriginal remains means the whole or part of the skeletal remains of an Aboriginal person but does not include remains that have been buried in accordance with the law of the State; Aboriginal site means an area of land— (a) that is of significance according to Aboriginal tradition; or (b) that is of significance to Aboriginal archaeology, anthropology or history, and includes an area or an area of a class declared by regulation to be an Aboriginal site but does not include an area or an area of a class excluded by regulation from the ambit of this definition; Aboriginal tradition means traditions, observances, customs or beliefs of the people who inhabited Australia before European colonisation and includes traditions, observances, customs and beliefs that have evolved or developed from that tradition since European colonisation; central archives means the archives kept by the Minister under Part 2; the Committee means the Aboriginal Heritage Committee established under Part 2; to damage includes to desecrate, deface or destroy; the Fund means the South Australian Aboriginal Heritage Fund established under Part 2; inspector means a person appointed to be an inspector under Part 2; land includes land lying beneath inland waters or the sea; local archives means archives kept with the assistance of the Minister under Part 2; local heritage agreement means a local heritage agreement under section 19H, as in force from time to time; mining tenement means— (a) a mineral claim, a lease or licence under the Mining Act 1971; or (b) a licence under the Energy Resources Act 2000; or (c) a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982; or (d) a licence under the Offshore Minerals Act 2000; object includes an object that forms part of, or is a fixture to, land; owner in relation to private land means— (a) in the case of land alienated from the Crown in fee simple—the holder of an estate in fee simple in the land; (b) in the case of land held from the Crown under a lease or licence—the lessee or licensee; (c) in the case of land occupied under an agreement for sale and purchase with the Crown—the person entitled to exercise the right of purchase, and if the land is subject to a mining tenement, or a licence or permit under the Hydrogen and Renewable Energy Act 2023, a reference to the owner of the land extends to the holder of the tenement, licence or permit; private land means— (a) land alienated from the Crown in fee simple; or (b) land occupied under a lease, licence or agreement for sale and purchase with the Crown; or (c) land subject to a mining tenement, or a licence or permit under the Hydrogen and Renewable Energy Act 2023; Recognised Aboriginal Representative Body, in respect of an area, or an Aboriginal site, object or remains, means the Recognised Aboriginal Representative Body in respect of the area, site, object or remains determined or appointed in accordance with Part 2B; record means— (a) a documentary record; (b) a record made by an electronic, electromagnetic, photographic or optical process; (c) any other kind of record; Register of Aboriginal Sites and Objects means the part of the central archives so entitled and kept by the Minister under Part 2; to sell means— (a) to sell, barter or exchange; or (b) to agree or offer to sell, barter or exchange; or (c) to expose for sale, barter or exchange, and sale has a corresponding meaning; traditional owner of an Aboriginal site or object means an Aboriginal person who, in accordance with Aboriginal tradition, has social, economic or spiritual affiliations with, and responsibilities for, the site or object; working day means any day except a Saturday, Sunday or public holiday. 4—Act binds Crown This Act binds the Crown. Part 2—Administration Division 1—General 5—Functions of the Minister (1) The functions of the Minister under this Act are— (a) to take such measures as are practicable for the protection and preservation of Aboriginal sites, objects and remains; and (b) to conduct, direct or assist searches for the purpose of discovering Aboriginal sites or objects; and (c) to conduct, direct or assist research into the Aboriginal heritage; and (d) to carry out any other function assigned to the Minister under this Act. (2) The Minister must, in carrying out functions under this Act, consider any relevant recommendations of the Committee. 6—Delegation (1) The Minister may delegate any of the Minister's powers or functions under this Act. (3) A delegation under this section— (a) must be in writing; and (b) may be subject to such conditions as the Minister considers appropriate; and (c) may authorise the sub-delegation of a specified power; and (d) if made to the holder of a specified office or position, empowers any person holding or acting in the office or position to exercise the delegated powers; and (e) is revocable at will; and (f) does not prevent the Minister from acting personally in any matter. 7—Aboriginal Heritage Committee (1) The Aboriginal Heritage Committee is established. (2) The Committee consists of Aboriginal persons appointed, as far as is practicable, from all parts of the State by the Minister to perform the functions required under this Act and to represent the interests of Aboriginal people throughout the State in the protection and preservation of the Aboriginal heritage. (3) The Minister must, as far as is practicable, appoint equal numbers of men and women to the Committee. (4) The members of the Committee will be appointed on such conditions and for such terms as the Minister considers appropriate. (5) The Committee may, with the approval of the Minister, establish subcommittees (which may—but need not—consist of or include members of the Committee) to investigate and report to the Committee on any matter. (6) A member of the Committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with Aboriginal persons generally, or a substantial section of Aboriginal persons. 8—Functions of the Committee (1) The functions of the Committee are— (a) to advise the Minister, either on its own initiative or at the request of the Minister, with respect to— (i) the making of entries in the central archives and the removal of any such entry; and (ii) measures that should, in the Committee's opinion, be taken for the protection or preservation of Aboriginal sites, objects or remains; and (iii) the appointment of suitable persons as inspectors for the purposes of this Act; and (iiia) Aboriginal heritage agreements; and (iv) any other matter related to the administration or operation of this Act or to the protection or preservation of the Aboriginal heritage; and (b) to carry out any other function assigned to the Committee by this Act or by the Minister. 9—Central and local archives (1) The Minister must keep central archives relating to the Aboriginal heritage. (2) Part of the central archives (to be entitled the "Register of Aboriginal Sites and Objects") must contain entries describing, with sufficient particularity to enable them to be readily identified, sites or objects determined by the Minister to be Aboriginal sites or objects. (3) The Minister must not remove an entry from the Register of Aboriginal Sites and Objects unless the Minister determines that the site or object to which the entry relates is not an Aboriginal site or object. (4) The Minister may assist (financially or in any other manner) an Aboriginal organisation to keep local archives relating to the Aboriginal heritage. 10—Confidentiality of archives (1) The confidentiality of information entered in the central or local archives that relates to an Aboriginal site or object must be maintained unless— (a) the traditional owners of the site or object have approved disclosure of the information; or (b) where all reasonable steps have been taken to consult the traditional owners but the Minister or organisation keeping the archives is satisfied that there are no traditional owners or that they cannot be identified or located, the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information; or (c) the information is made available by the Minister in response to an application under section 12. (2) The confidentiality of information entered in the central or local archives that does not relate to an Aboriginal site or object must be maintained unless the Committee (in the case of the central archives), or the organisation keeping the archives (in the case of local archives), has approved disclosure of the information. (3) The disclosure of information from the central or local archives must be on such conditions (if any) as are stipulated by— (a) the traditional owners; and (b) in the case of information made available from— (i) the central archives, the Committee; and (ii) local archives, the organisation keeping the archives. (4) A person must not— (a) disclose information from the central or local archives contrary to this section; or (b) fail to comply with a condition referred to in subsection (3). Maximum penalty: $250 000 or imprisonment for 2 years or both. 11—Effect of entries in the Register In any legal proceedings— (a) a site or object will be conclusively presumed to be an Aboriginal site or object if it is entered in the Register of Aboriginal Sites and Objects; and (b) a site or object will be conclusively presumed not to be an Aboriginal site or object if the Minister has determined that it should not be entered in the Register and the Minister has not reversed that determination. 12—Determination of whether site or object is an Aboriginal site or object (1) If a person proposes to take action in relation to a particular object and that action may constitute an offence against this Act if the object is an Aboriginal object, the person may apply to the Minister under this section. (2) On an application under subsection (1), the Minister must— (a) if the object is entered in the Register of Aboriginal Sites and Objects, give the applicant written notice that it is so entered; (b) if the object is not entered in the Register, determine whether it should be so entered and give the applicant written notice of the determination. (3) If a person proposes to take action in relation to a particular area and that action may constitute an offence against this Act if the area is, is part of or includes an Aboriginal site or if an Aboriginal object is located in the area, the person may apply to the Minister under this section. (4) On an application under subsection (3), the Minister must— (a) determine whether any entries should be made in the Register of Aboriginal Sites and Objects in relation to sites or objects in the area that are not so entered and give the applicant written notice of the determination; or (b) subject to subsection (5), give the applicant written notice of the location of each Aboriginal site or object in the area that is entered, or that the Minister has determined should be entered, in the Register. (5) The Minister must not disclose the exact location of a site or object if, in the Minister's opinion, the disclosure is likely to be detrimental to the protection or preservation of the site or object or to be in contravention of Aboriginal tradition. (6) The Minister may, within 20 working days after receiving an application, require an applicant to provide information in connection with the application or to engage an expert acceptable to the Minister to do so. (7) Where the Minister requires information to be provided under subsection (6), the Minister must determine the application within 30 working days of receiving that information. (8) The Minister may refuse to entertain an application under this section on the grounds— (a) that the area or object is insufficiently identified; or (b) that the application is not genuine; or (c) that the Minister does not have the resources to determine the application. 13—Consultation on determinations, authorisations and regulations (1) The Minister must— (a) before making a determination under this Act; or (b) before giving an authorisation under this Act; or (c) before a site or object is declared by regulation to be an Aboriginal site or object or is excluded by regulation from the ambit of the definition of Aboriginal site or object, take all reasonable steps to consult with— (d) the Committee; and (e) any Aboriginal organisation that, in the opinion of the Minister, has a particular interest in the matter; and (f) any— (i) traditional owners; and (ii) other Aboriginal persons, who, in the opinion of the Minister, have a particular interest in the matter. (2) When determining whether an area of land is an Aboriginal site or an object is an Aboriginal object, the Minister must accept the views of the traditional owners of the land or object on the question of whether the land or object is of significance according to Aboriginal tradition. (3) This section does not apply to— (a) a determination under section 24(8); or (b) an authorisation under section 27 or 36; or (c) an authorisation under Part 3 in relation to which a local heritage agreement has been approved under section 19I;or (d) an amendment of an authorisation under Part 3 Division 1 or 3 (not being an amendment that has the effect of authorising 1 or more of the following: (i) excavation for the purposes of uncovering additional Aboriginal sites, objects or remains; (ii) damaging or disturbing additional Aboriginal sites, objects or remains; (iii) interference with or removal of additional Aboriginal sites, objects or remains); or (e) a repeal of an authorisation under Part 3 Division 1 or 3; or (f) an authorisation under section 45. 14—Authorisations subject to conditions (1) An authorisation may be given by the Minister under this Act on such conditions as the Minister considers appropriate. (2) A person who, without reasonable excuse, contravenes or fails to comply with a condition of an authorisation under this Act is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in any other case—$250 000 or imprisonment for 2 years or both. Division 2—Inspectors 15—Inspectors (1) The Minister may, by instrument in writing, appoint suitable persons to be inspectors for the purposes of this Act. (2) The Minister may, in the instrument of appointment— (a) limit the area in which the inspector may act; (b) restrict the powers that the inspector may exercise; (c) authorise the inspector to give instructions in relation to a particular Aboriginal site or object. (3) The traditional owners of an Aboriginal site or object may inform the Minister, by notice in writing, that they object to an inspector named in the notice exercising powers under this Act in relation to the site or object, and, in that event, the inspector must not exercise those powers in relation to the site or object. 16—Identification (1) The Minister must provide an inspector with a certificate of appointment setting out any limitations, restrictions or authorisations attaching to the appointment. (2) An inspector must, at the request of a person in relation to whom the inspector has exercised, or intends to exercise, powers under this Act, produce the inspector's certificate of appointment. 17—Powers (1) An inspector may, for the purposes of this Act— (a) at any reasonable time enter any land for the purpose of inspecting an Aboriginal site or object or a site or object that the inspector has reason to believe is an Aboriginal site or object; (b) at any reasonable time enter and inspect any land, premises, vehicle or place for the purpose of determining whether a provision of this Act is being or has been contravened or complied with; (ba) at any reasonable time enter and inspect land for the purposes of determining whether an Aboriginal heritage agreement entered into under this Act is being, or has been, complied with; (bb) in the following circumstances, use reasonable force to break into or open any part of, or anything in or on, any land, premises, vehicle or place: (i) with the authority of a warrant issued under section 17A; (ii) if the inspector reasonably believes that immediate action is required; (iii) with the permission of the owner of the land, premises, vehicle or place; (c) seize and retain— (i) an Aboriginal object in relation to which the inspector has reason to suspect that an offence has been or is about to be committed; (ii) anything used in, or that affords evidence of, a contravention of this Act; (d) exercise reasonable force to prevent the commission of an offence against this Act, or the continuance of such an offence; (e) require a person whom the inspector reasonably suspects of having committed or being about to commit an offence against this Act to state the person's full name and usual residential or business address; (f) require a person holding or required to hold an authorisation under this Act to produce that authorisation for inspection; (g) require any person to produce any documents, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process, as reasonably required in connection with the administration or enforcement of this Act; (h) examine, copy or take extracts from any documents or information so produced or require a person to provide a copy of any such document or information; (i) take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; (j) take onto or into any land, premises, vehicle or place, and use, any equipment or apparatus (including, for example, ground penetrating radar, audio visual recording equipment or other measuring or recording apparatus) as reasonably required in connection with the administration or enforcement of this Act; (k) require a person who the inspector reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity; (l) give any directions reasonably required in connection with the exercise of a power conferred by a preceding paragraph. (2) Where an inspector is authorised by the Minister to give directions in relation to a particular Aboriginal site or object, the inspector may, for the purpose of averting harm to the site or object, give reasonable instructions to any person visiting the site or in the immediate vicinity of the site or object. (3) Where anything is seized by an inspector, the inspector must forthwith report the matter to the Minister. (4) In the exercise of powers under this Act an inspector may be assisted by such persons as are, in the inspector's opinion, necessary or desirable in the circumstances. (5) The powers conferred by this section must not be exercised contrary to a direction of the Minister. 17A—Warrants (1) Where, on the application of an inspector, a magistrate is satisfied that there are reasonable grounds to believe— (a) that a contravention of this Act has been, is being, or is about to be, committed in or on specified land, premises, a vehicle or place; or (b) that something may be found in or on specified land, premises, vehicle or place that has been used in, or constitutes evidence of, a contravention of this Act, the magistrate may issue a warrant in respect of the land, premises, vehicle or place authorising an inspector, with such assistants as the inspector considers necessary, to use reasonable force to break into or open any part of, or anything in or on, the land, premises, vehicle or place specified in the warrant. (2) An application for the issue of a warrant may be made either personally or by telephone. (3) The grounds of an application for a warrant must be verified by affidavit. (4) An application for the issue of a warrant may not be made by telephone unless in the opinion of the applicant a warrant is urgently required and there is insufficient time to make the application personally. (5) Where an application for the issue of a warrant is made by telephone, the following provisions apply: (a) the applicant must inform the magistrate of their name and identify themselves as an inspector, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant is an inspector; (b) the applicant must inform the magistrate of the grounds on which they seek the issue of the warrant; (c) if it appears to the magistrate from the information furnished by the applicant that there are proper grounds for the issue of a warrant, the magistrate must inform the applicant of the facts on which they relied as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts on which they relied as grounds for the issue of the warrant; (e) the warrant will be taken to have been issued, and will come into force, when signed by the magistrate; (f) the magistrate must inform the applicant of the terms of the warrant; (g) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c). (6) An inspector who executes a warrant must, as soon as practicable after execution of the warrant— (a) prepare a notice in the prescribed form containing— (i) their name and a statement that they are an inspector under this Act; and (ii) the name of the magistrate who issued the warrant and the date and time of its issue; and (iii) a description of the land, premises, vehicle or place to which the warrant relates and of the authority conferred by the warrant; and (b) give the notice to the occupier or person apparently in charge of the land, premises, vehicle or place in respect of which the warrant was issued or leave it for them in a prominent position on the land, premises, vehicle or place. (7) A warrant, if not executed at the expiration of 1 month from the date of its issue, then expires. 17B—Self-incrimination (1) It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by a natural person with a requirement under this Act might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 18—Offences A person must not, without reasonable excuse— (a) hinder or obstruct an inspector, or any person assisting an inspector, in the exercise of a power conferred by this Act; (b) contravene a requirement or reasonable instruction of an inspector under this Act, or a direction of an inspector under section 17. Maximum penalty: $10 000 or imprisonment for 6 months or both. Division 3—South Australian Aboriginal Heritage Fund 19—The Fund (1) The South Australian Aboriginal Heritage Fund is established and administered by the Minister. (2) The Fund consists of— (a) money received from the Government of the Commonwealth for the purposes of this Act; and (b) money appropriated by Parliament for the purposes of this Act; and (c) income paid into the Fund under subsection (5); and (d) all money received by the Minister for the purposes of this Act; and (e) penalties recovered in respect of offences against this Act; and (f) amounts paid to the Crown in accordance with an order under section 37DA. (3) The Fund must be kept in a separate account at the Treasury. (4) Any money standing to the credit of the Fund that is not for the time being required for the purposes of this Act may be invested by the Treasurer. (5) Income from investment of the Fund will, at the direction of the Treasurer, be paid into the Fund, or into the Consolidated Account. (6) The Minister may, for the purposes of this Act, borrow money from the Treasurer or, with the approval of the Treasurer, from any other person. (7) The Minister may apply the Fund— (a) in acquiring land or Aboriginal objects or records under this Act; (b) in making grants or loans to persons or bodies undertaking research into, or in relation to, the Aboriginal heritage; (c) in making payments under an Aboriginal heritage agreement entered into by the Minister under this Act; (d) in the administration of this Act; (e) for any other purpose related to the protection or preservation of the Aboriginal heritage. Part 2A—Aboriginal Heritage Guidelines 19A—Minister may publish guidelines (1) The Minister may, by notice in the Gazette, publish guidelines in relation to the operation of this Act (the Aboriginal Heritage Guidelines). (2) The Minister may, by subsequent notice in the Gazette, substitute, vary or revoke the guidelines. (3) Before publishing the guidelines, or substituting or varying the guidelines, the Minister must consult with the Committee (and may consult with any other person or body the Minister thinks fit). (4) The Minister must cause a copy of the guidelines— (a) to be published on a website determined by the Minister; and (b) to be kept available for public inspection, without charge and during ordinary office hours, at an office or offices determined by the Minister. Part 2B—Recognised Aboriginal Representative Bodies 19B—Recognised Aboriginal Representative Bodies (1) For the purposes of this Act, the Recognised Aboriginal Representative Body for— (a) a specified area; or (b) a specified Aboriginal site or sites; or (c) a specified Aboriginal object or objects; or (d) specified Aboriginal remains, is to be determined in accordance with this Part. (2) Anangu Pitjantjatjara Yankunytjatjara will be taken to be the Recognised Aboriginal Representative Body in respect of the lands (within the meaning of the Anangu