South Australian Current Acts South Australian Current Acts (1) The Governor may
make such regulations as are contemplated by this Act, or as the Governor
thinks necessary or expedient for the purposes of this Act and, without
limiting the generality of the foregoing, those regulations may—
(a)
regulate and control the issue of certificates of registration in respect of
claims, leases and licences under this Act; and
(b)
provide for the maintenance and inspection of registers; and
(c)
regulate, restrict or prohibit operations of any kind upon mineral tenements
or mineral tenements relating to land within an area specified in the
regulations; and
(d)
declare equipment of any kind to be declared equipment for the purposes of
this Act; and
(e)
prescribe any matters in relation to the nature or size of any kind of
mineral tenement, and the incidents attaching to, and the obligations entailed
in, ownership of a mineral tenement; and
(f)
require that a mineral tenement be worked with proper diligence, in conformity
with the requirements of the regulations, as to the number of people, and the
nature of the machinery, to be employed in working the mineral tenement and
such other matters as may be required in the regulations; and
(i)
provide for the protection of land upon which
authorised operations are conducted and require the restoration, to the
satisfaction of the Minister, of land disturbed by authorised operations; and
(k)
restrict or prohibit authorised operations that may cause nuisance or
inconvenience to persons in the vicinity of the authorised operations; and
(l)
restrict or prohibit authorised operations that may result in the pollution of
any watercourse or water supply or any natural amenities; and
(m)
regulate the expenditure of money from the Extractive Areas Rehabilitation
Fund; and
(n)
prescribe, and regulate the performance of, the duties of authorised officers,
mining registrars and other officers appointed under this Act; and
(na)
provide for the provision of reports or the requirement to conduct any audit
or investigation; and
(nb)
provide for the service of any notice, direction, order or other document
under this Act; and
(o)
prescribe fees that are to be paid in respect of anything done under this Act
or in connection with the administration or operation of this Act, or in
respect of any matter occurring under this Act, and provide for the recovery
of fees; and
(p)
prescribe any form for the purposes of this Act; and
(q)
prescribe a penalty, recoverable summarily, not exceeding $20 000 for
breach of, or non-compliance with, any regulation; and
(r)
prescribe an expiation fee, not exceeding $7 500, in respect of any
offence against this Act or the regulations.
(2) Without limiting
subsection (1), the regulations may prescribe, or provide for the
imposition of—
(a)
assessment fees associated with applications under this Act; and
(b)
annual administration fees to be paid by tenement holders.
(3) A regulation
prescribing any fees under this Act—
(a) may
provide for fees based on 1 or more of the following factors:
(i)
the size of a mineral tenement (or proposed mineral
tenement);
(ii)
capital costs associated with any authorised operations
(or proposed authorised operations);
(iii)
any other factor prescribed by the regulations; and
(b) may
provide for differential fees.
(4) The regulations
may adopt, wholly or partially and with or without modification—
(a) a
code or standard relating to matters in respect of which regulations may be
made under this Act; or
(b) an
amendment to such a code or standard.
(5) Any regulations
adopting a code or standard, or an amendment to a code or standard, may
contain such incidental, supplementary and transitional provisions as appear
to the Governor to be necessary.
(6) The regulations or
a code or standard adopted by the regulations may—
(a)
refer to or incorporate, wholly or partially and with or without modification,
a standard or other document prepared or published by a prescribed body or
person, either as in force at the time the regulations are made or as in force
from time to time; and
(b) be
of general or limited application; and
(c) make
different provision according to the persons, things or circumstances to which
they are expressed to apply; and
(d)
provide that any matter or thing is to be determined, dispensed or regulated
according to the discretion of the Minister, the Director or a registrar.
(7) If—
(a) a
code or standard is adopted by the regulations; or
(b) the
regulations, or a code or standard adopted by the regulations, refers to a
standard or other document prepared or published by a prescribed body,
then—
(c) a
copy of the code, standard or other document must be kept available for
inspection by members of the public, without charge and during normal office
hours, at an office or offices specified in the regulations; and
(d) in
any legal proceedings, evidence of the contents of the code, standard or other
document may be given by production of a document purporting to be certified
by or on behalf of the Minister as a true copy of the code, standard or other
document; and
(e) the
code, standard or other document has effect as if it were a regulation made
under this Act.
(8) The Governor may,
by regulation, make provisions of a saving or transitional nature consequent
on the amendment of this Act by another Act.
(9) A provision made
by a regulation under subsection (8) may be in addition to any provision
of a saving or transitional nature made by the Act that makes the amendment.
(10) A provision made
by a regulation under subsection (8) may, if the regulations so provide,
take effect from the commencement of the amendment or from a later day.
(11) To the extent to
which a provision takes effect under subsection (10) from a day earlier
than the day of the publication of the regulation in the Gazette, the
provision does not operate to the disadvantage of a person by—
(a)
decreasing the person's rights; or
(b)
imposing liabilities on the person.
(12) The Governor may
make regulations for the purposes of Schedule 1 clause 8 of the
Statutes Amendment (Mineral Resources) Act 2019 (including any
regulation that could have been made under a repealed section of this Act as
in force immediately before its repeal).