South Australian Current Acts South Australian Current Acts (1) This section
applies in relation to—
(a) a
mining lease; and
(b) a
retention lease; and
(c) a
miscellaneous purposes licence.
(2) A mineral tenement
to which this section applies must provide for the payment, by way of rental,
of such sum as may be prescribed by the regulations (and different sums may be
prescribed according to different classes of tenement).
(3) Subject to this
section, the amount by way of rental is payable to the Minister.
(4) If a mineral
tenement to which this section applies is granted over land consisting of, or
including, land subject to an estate in fee simple (with the interest of any
registered proprietor of such an estate being referred to as a "relevant
interest ) then, except to the extent that subsection (5) applies, the
amount paid to the Minister under this section in relation to the tenement
must, after deduction of 5% (with the net amount remaining after the
5% deduction being referred to as the "net amount available for
distribution ) be dealt with in accordance with the following principles:
(a) the
proportionate entitlement of each holder of a relevant interest in the land
must be worked out by determining what proportion of the total area of the
land subject to the tenement is represented by land in relation to which a
relevant interest exists (with an appropriate allocation between entitlements
if there is more than 1 registered proprietor in relation to any
particular piece of land);
(b) a
proportion of the net amount available for distribution, equivalent to the
registered proprietor's proportionate entitlement, must be paid to each holder
of a relevant interest in land subject to the tenement;
(c) if a
balance remains after distribution under paragraph (b), the balance is to
be retained by the Minister.
(5) Despite
subsection (4), if a tenement holder or any related body corporate is
also a registered proprietor of an estate in fee simple of land, the scheme
under subsection (4) will not apply in relation to the holder.
(6) If a mineral
tenement to which this section applies is granted over land consisting of, or
including, land subject to native title conferring a right to exclusive
possession of the land (with the interest of any holder of such native title
being referred to as a "relevant interest") then the amount paid to the
Minister under this section in relation to the tenement must, after deduction
of 5% (with the net amount remaining after the 5% deduction being
referred to as the "net amount available for distribution") be dealt with in
accordance with the following principles:
(a) the
proportionate entitlement of each holder of a relevant interest in the land
must be worked out by determining what proportion of the total area of the
land subject to the tenement is represented by land in relation to which a
relevant interest exists (with an appropriate allocation between entitlements
if there is more than 1 holder of native title in relation to any
particular piece of land);
(b) a
proportion of the net amount available for distribution, equivalent to each
person's proportionate entitlement, must be paid to each holder of a
relevant interest in land subject to the tenement;
(c) if a
balance remains after distribution under paragraph (b), the balance is to
be retained by the Minister.
(a) the
Minister retains an amount paid by way of rental in relation to any land that
is not subject to the operation of subsection (4) or (6); and
(b) a
valid claim for native title conferring a right to exclusive possession is
subsequently made in relation to the land,
then any such amount that is attributable to rental paid to the Minister in
relation to the prescribed period is, after deduction of 5%, payable to the
person or persons to whom native title is granted (and if there is more than
1 such person then their respective shares will be determined by applying
the principles set out in subsection (6)).
(8) For the
purposes of subsection (7), the "prescribed period" is the period of
5 years immediately preceding the registration of native title under the
law of the State or the Commonwealth (as the case may be).
(9) Subsections (4) to
(8) do not apply in relation to land owned by—
(a) a
Minister; or
(b) the
Commissioner for Highways; or
(c) any
other agency or instrumentality of the Crown prescribed by the regulations.
(10) An amount paid to
the holder of a relevant interest in land under this section will not be taken
to be compensation for the purposes of any other section.