South Australian Current Acts South Australian Current Acts23—Interaction of the Act and the Mining and Petroleum Acts
(1) Where prospecting
or mining is permitted upon the lands in pursuance of this Division, the
person in whose favour the permission was granted and his agents, contractors
and employees may, subject to the conditions (if any) upon which the
permission was granted, and to the provisions of the Mining Act 1971 or
the Petroleum Act 1940 , as the case may require (but without requiring
any further permission or authority to enter the lands under the provisions of
either of those Acts), enter the lands for the purpose of prospecting or
mining.
(2) A mining tenement
shall not be granted in respect of the lands or a part of the lands except to
a person who has permission to carry out mining operations upon the lands
under this Division, but this Act does not prevent the taking of any step
under the Mining Act or the Petroleum Act antecedent to the grant of a mining
tenement.
(3) Before a mining
tenement is granted in pursuance of the Mining Act or the Petroleum Act in
relation to the lands or a part of the lands, the Minister administering the
relevant Act shall afford Maralinga Tjarutja a reasonable opportunity to make
submissions relating to the conditions subject to which the tenement should be
granted.
(4) If a person—
(a)
makes a payment, or gives some other consideration, in contravention of
section 25; or
(b) in
relation to—
(i)
obtaining the permission of Maralinga Tjarutja for the
carrying out of mining operations upon the lands; or
(ii)
the carrying out or proposed carrying out of mining
operations upon the lands,
makes a payment, or gives some other consideration, to Maralinga Tjarutja (not
being a payment or consideration in discharge or partial discharge of a
liability arising under this Act, and not being a payment of royalty under
section 24) otherwise than in conformity with—
(iii)
conditions imposed by Maralinga Tjarutja under this
Division in granting its permission for the carrying out of the mining
operations;
(iv)
conditions determined or approved by an arbitrator under
this Division;
(v)
an agreement of which the Minister of Mines and Energy
has been notified under this Division,
then—
(c) the
amount of the payment, or the value of the consideration, is recoverable as a
debt due to the Crown; and
(d) no
mining tenement in respect of the lands shall be granted to the person by whom
the payment was made or the consideration given, and any such mining tenement
held by that person shall be cancelled.