South Australian Current Acts South Australian Current Acts (1) The Minister may,
by notice in the Gazette, declare any land to be exempt from—
(a)
mining; or
(b) a
specified class of mining; or
(c) a
specified provision of this Act; or
(d) this
Act, other than any specified provision excluded from the operation of this
section by the regulations,
and the notice will (subject to this section) have effect according to its
terms.
(2) The Minister must,
as soon as practicable after the publication of a notice under
subsection (1), prepare a report on the matter (including an outline of
the reasons for the declaration and the expected impact of the declaration)
and cause copies of the report to be laid before both Houses of Parliament.
(3) The Minister may,
by subsequent notice in the Gazette, vary or revoke a notice under
subsection (1).
(4) A notice under
subsection (1) will not have effect—
(a) in
relation to a mineral tenement in force at the time that the notice takes
effect; or
(b) so
as to prevent a person applying for (and being granted) a subsequent tenement
on account of a right arising under a mineral tenement in force at the time
that the notice takes effect; or
(c) so
as to prevent a person establishing a mineral claim (identified in any manner
allowed or approved under this Act) after the notice takes effect on account
of a right to carry out exploratory operations under an exploration licence in
force at the time the notice takes effect, or under a subsequent tenement
under paragraph (b), where the tenement holder has reported to the
Director of Mines the discovery on the relevant land of minerals that are
potentially capable of economic production (including so as to allow a person
to apply for (and being granted) a mineral tenement on account of the
establishment of the mineral claim),
but otherwise a person does not have a right to apply for a mineral tenement
in respect of land subject to the operation of the declaration unless
specifically authorised to do so by the Minister (either under the terms of
the notice under subsection (1) or under a specific authorisation granted
by the Minister in connection with the operation of this section).
(5) While land is
subject to the operation of a declaration under subsection (1), the land,
to the extent of the exemption, may be dealt with by the Minister in
accordance with this section and to that extent is not subject to the other
provisions of this Act.
(6) Without limiting
subsection (5), the Minister may, while land is exempt under this
section—
(a) call
for applications for the grant of such mineral tenements as the Minister
determines in respect of the land or any part of the land;
(b)
determine any matter relating to the status or priority of any claim over the
land (and, as a result of any such determination, require the removal of any
pegs, cancel the operation of any claim, determine not to process any
application, or take such other action as the Minister thinks fit);
(c)
provide for the management of the land, or any mining right or interest (or
potential right or interest) in respect of the land, in such other manner as
the Minister thinks fit.
(7) If the Minister
calls for applications under subsection (6)(a)—
(a) a
person applying to the Minister in response to the call must do so in such
manner as the Minister may require; and
(b) the
Minister may, on reviewing any application received in response to the
call—
(i)
grant a mineral tenement under this Act, subject to such
terms and conditions as the Minister thinks fit; or
(ii)
refuse the application.
(8) A declaration
under subsection (1) has effect until it is revoked under
subsection (3) or until it expires under subsection (9), whichever
first occurs.
(9) A declaration
under subsection (1) will expire at the end of the period of 2 years
from its date of operation unless it is extended for a period or periods, not
exceeding 2 years at a time, by further notice published by the Minister
in the Gazette.
(10) The Minister must
cause copies of a notice of extension published under subsection (9) to
be laid before both Houses of Parliament.
(11) If either House
of Parliament passes a resolution disallowing a notice laid before it under
subsection (10) then the declaration under subsection (1) will
immediately cease to have effect.
(12) A resolution is
not effective for the purposes of subsection (11) unless passed in
pursuance of a notice of motion given within 14 sitting days (which need
not fall within the same session of Parliament) after the day on which the
notice under subsection (9) was laid before the House.
(13) Where a
resolution is passed under subsection (11), notice of that resolution
must forthwith be published in the Gazette.