South Australian Current Acts South Australian Current Acts70B—Preparation or application of program
(1) A person must not
carry out authorised operations unless a program that complies with the
requirements of this Part is in force for those operations.
(2) A program under
subsection (1) must—
(a)
specify the authorised operations that are proposed to be carried out under
this Act; and
(i)
the environmental outcomes that are expected to occur as
a result of the authorised operations (including after taking into account any
rehabilitation proposed by the tenement holder and other steps to manage,
limit or remedy any adverse environmental impacts); and
(ii)
a statement of the criteria to be adopted to measure
those environmental outcomes, in a form prescribed by the regulations; and
(c)
incorporate information about the ability of the tenement holder (and any
other person who may be acting on behalf of the tenement holder) to achieve
the environmental outcomes set out under paragraph (b); and
(d) set
out such other information as may be required by a condition of the tenement
or by the regulations; and
(e)
comply with any other requirements prescribed by the regulations.
(3) The Minister may,
on application by the holder or holders of 2 or more mineral tenements,
determine that a program may relate to a group of mineral tenements within a
particular area and, in such a case—
(a) the
holder or holders of the mineral tenements within the ambit of the
determination may prepare and furnish a combined program for the purposes of
this section; and
(b) this
section will apply to the holder or holders of the mineral tenements with such
modifications as may be necessary for the purpose.
(4) A program under
subsection (2) or (3) must be submitted to the Minister for approval.
(4a) An application
for the approval of a program must be made in a manner and form determined by
the Minister.
(4b) The Minister may
require a person who has submitted a program to furnish the Minister with any
additional information specified by the Minister (and that information must be
furnished within any period specified by the Minister).
(4c) The submission of
a program to the Minister for the purposes of this section must be accompanied
by the prescribed fee.
(5) The Minister may
on the receipt of a program submitted for the purposes of this section—
(a)
approve the program without alteration; or
(b)
require alterations to the program after consultation with the tenement holder
(or tenement holders) in order to ensure that the program complies with the
requirements of subsection (2) (and to ensure consistency with the other
provisions of this Act); or
(c)
reject the program on the basis that the program fails to comply with the
requirements of subsection (2) (and any other relevant provision of this
Act).
(6) A tenement holder
in relation to whom a decision is made by the Minister under
subsection (5)(b) or (c) may apply to the ERD Court for a review of the
decision within 28 days after receiving notice of the decision or such
longer period as the Minister may allow in a particular case.
(7) On a review under
subsection (6), the ERD Court may—
(a)
confirm the decision (with or without modifications); or
(b)
revoke the decision and give directions with respect to the approval of the
program.
(7a) A program
approved under this section is subject to—
(a) such
conditions as may be prescribed; and
(b) such
additional conditions (if any) as the Minister thinks fit and specifies by
notice to the tenement holder (or tenement holders).
(8) The regulations
may set out or adopt a program that may apply in relation to authorised
operations of a prescribed class.
(a) a
program is in place under subsection (8); and
(b) the
authorised operations to be carried out under a mineral tenement fall within
the ambit of that program,
the tenement holder (and any other person who may be acting on behalf of the
tenement holder) may, subject to complying with any requirement prescribed by
the regulations for the purposes of this subsection, rely on the program
prescribed by the regulations rather than a program prepared under
subsection (2) or (3) (and subsections (4) to (7) will not
apply).
(10)
Subsection (9) does not apply in relation to authorised operations
carried out under a mineral tenement if the Minister has, by notice to the
tenement holder, determined that the subsection will not apply in the
circumstances of the particular case.
(11) A program may be
developed and approved under this section even though it may relate (wholly or
in part) to exempt land (on the basis that the tenement holder will seek to
gain access to the land under a waiver of the benefit of the exemption).