South Australian Consolidated Acts

HERITAGE PLACES ACT 1993 - SECT 3

3—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"archaeological artefact" means any matter forming part of an archaeological deposit, or any artefact, remains or material evidence associated with an archaeological deposit, that relates to the non-Aboriginal settlement of South Australia, or to an activity undertaken by a person as part of the exploration of South Australia, but does not include the remains of a ship or an article associated with a ship;

"Council" means the South Australian Heritage Council established under Part 2;

"Court" means the Environment, Resources and Development Court;

"Development Plan" means a Development Plan under the Development Act 1993 ;

"dispose of" includes sell, part with possession or conceal;

"Fund" means the South Australian Heritage Fund ;

"heritage significance"—see section 16;

"land" includes land covered with water;

"local council" means a council constituted under the Local Government Act 1999 ;

"local heritage place" means a place designated by a Development Plan as being a place of local heritage value;

"mining tenement" means—

            (a)         a mineral claim, a lease or a licence under the Mining Act 1971 ; or

            (ab)         a precious stones tenement under the Opal Mining Act 1995 ; or

            (b)         a licence under the Petroleum Act 2000 ;

            (c)         a permit, lease or licence under the Petroleum (Submerged Lands) Act 1982 ; or

            (d)         a licence under the Offshore Minerals Act 2000 ;

"object" means a natural or manufactured object and includes—

            (a)         an archaeological artefact; or

            (b)         a geological, palaeontological or speleological specimen,

but does not include an Aboriginal object within the meaning of the Aboriginal Heritage Act 1988 ;

"owner" of land means—

            (a)         if the land is unalienated from the Crown—the Crown;

            (b)         if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple;

            (c)         if the land is held from the Crown by lease or licence—the lessee or licensee;

            (d)         if the land is held from the Crown under an agreement to purchase—the person who has the right of purchase,

and if the land is subject to a mining tenement a reference to the owner of the land extends to the holder of the tenement;

"place" means—

            (a)         any site or area, with or without improvements;

            (b)         any land;

            (c)         any building, structure or other work, whether temporary or permanent or moveable or immovable (including an item or thing that is permanently fixed or moored);

            (d)         any other location, item or thing that constitutes a place within the State,

and includes—

            (e)         any fixtures or fittings;

            (f)         any land where a place is situated;

            (g)         any subsurface area;

            (h)         any part of a place;

"Register" means the South Australian Heritage Register;

"Registrar-General" includes the Registrar-General of Deeds;

"River Murray Protection Area" means a River Murray Protection Area under the River Murray Act 2003 ;

"specimen" includes sample;

"State Heritage Area" means an area established as a State Heritage Area by a Development Plan;

"State Heritage Place" means—

            (a)         a place entered, either as a provisional or confirmed entry, in the Register under Part 4; or

            (b)         a place within an area established as a State Heritage Area; or

            (c)         a place taken to be entered in the Register under Schedule 1 (as enacted on the commencement of this Act);

"structure" includes a fence, wall or ruin.

        (2)         For the purposes of this Act, a place of geological, palaeontological, speleological or archaeological significance is a place so designated by the South Australian Heritage Council under section 14(7).