South Australian Current Acts South Australian Current Acts (a) land
that is lawfully and genuinely used—
(i)
as a yard or garden;
(ia) as
a cultivated field, plantation, orchard or vineyard;
(ii)
as an airfield, railway or tramway;
(iii)
as the grounds of a church, chapel, school, hospital or
institution; or
(b) land
that constitutes any parklands or recreation grounds under the control of a
council; or
(ba)
land—
(i)
that is dedicated or reserved, pursuant to statute, for
the purpose of waterworks; or
(ii)
that is vested in the Minister of Public Works for the
purpose of waterworks; or
(iii)
that is comprised within an easement in favour of the
Minister of Public Works; or
(bb)
land that constitutes a forest reserve under the Forestry Act 1950 ; or
(c) any
separate parcel of land of less than 2 000 square metres within any city,
town or township; or
(ca)
land that is situated within a distance prescribed by the regulations for the
purposes of this paragraph from infrastructure (other than infrastructure of a
prescribed kind) that is being constructed, installed, operated, maintained or
decommissioned pursuant to the Hydrogen and Renewable Energy Act 2023 ;
or
(i)
within the prescribed distance of a building or structure
used as a place of residence (except a building or structure of a class
excluded by regulation from the ambit of this paragraph); or
(ii)
within 150 metres of—
(A) a building or structure, with a value
equal to or exceeding the prescribed amount, used for an industrial or
commercial purpose; or
(B) a spring, well, reservoir or dam,
(but not if it is an improvement made for the purposes of authorised
operations),
will be exempt from authorised operations in pursuance of this Act and, unless
the benefit of the exemption is waived under section 9AA, no claim, lease
or licence will authorise authorised operations on such land (but this section
does not restrict prospecting under section 20 or establishing a claim on
such land or the issue of a mineral tenement (subject to gaining access under
this Act)).
(2) Where any land is
subject to a claim, lease or licence under this Act and that land would, but
for this subsection, be land exempt from authorised operations in pursuance of
this Act by reason only of a fact or circumstance occurring or arising
subsequent to establishing a claim or an application for a lease or licence,
that land shall not be exempt from operations in pursuance of this Act.
(3b) The following
persons will, for the purposes of this Act, be regarded as having the benefit
of an exemption under this section (and subject to an order of a court under
section 9AA, each person who has the benefit of an exemption must be a
party to an agreement to waive the benefit before the land can cease to be
exempt land):
(a) the
owner of the exempt land;
(b) in
the case of land that is exempt from authorised operations under
subsection (1)(d) by reason of its proximity to other land on which a
building, structure, spring, well, reservoir or dam is situated—the
owner of that other land.
(4) This section does
not affect any provision of the Pastoral Land Management and Conservation
Act 1989 prohibiting or restricting the conduct of authorised operations
on lands subject to that Act.
(5) In this
section—
"Minister of Public Works" means the Minister to whom the administration of
the Water Industry Act 2012 is committed;
"prescribed amount" means—
(a)
$2 500; or
(b) if a
greater amount is prescribed by regulation for the purposes of this
definition—that amount;
"prescribed distance" means—
(a) in
relation to low impact exploration operations—200 metres; and
(b) in
relation to advanced exploration operations or any operations for the recovery
of extractive minerals—400 metres; and
(c) in
relation to any other authorised operations—
(i)
a distance prescribed by the regulations (which may make
different provision according to the circumstances or thing to which it is
expressed to apply); or
(ii)
if no distance is prescribed under
subparagraph (i)—600 metres.