South Australian Current Acts

MINING ACT 1971 - SECT 91

91—Administrative penalties

        (1)         This section applies to any provision of this Act (or the regulations) at the foot of which the words "Administrative penalty" appear.

        (2)         If a person who is a holder or former holder of a mineral tenement is alleged to have contravened a provision to which this section applies, the Director of Mines may, by notice in writing to the person, impose an administrative penalty on the person (and the Director may act under this subsection without prior consultation with the person and without the need to give a warning or any prior notice in relation to the matter).

        (3)         The amount of an administrative penalty is an amount (not exceeding $15 000) prescribed by regulation in relation to the relevant provision.

        (4)         An administrative penalty may be recovered as a debt due to the Crown.

        (4a)         An amount recovered as an administrative penalty under this section will be paid into the Mining Rehabilitation Fund.

        (5)         If an administrative penalty has been imposed in relation to a particular act or default, the same act or default cannot be made the subject of proceedings for an offence against this Act and if proceedings for an offence against this Act have been brought in relation to a particular act or default, an administrative penalty cannot be imposed for the same act or default.