South Australian Current Acts South Australian Current Acts26—Certain payments or other consideration to Maralinga Tjarutja must
represent fair compensation
(1) This section
applies to payments made, or to be made, or consideration given, or to be
given, 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 or royalty under section 24) in respect of the carrying
out or proposed carrying out of mining operations upon the lands.
(2) Subject to
subsection (3), a payment or consideration to which this section applies
must be reasonably proportioned to the disturbance to the lands, the
traditional owners, and their ways-of-life, that has resulted or is likely to
result from the grant of the relevant mining tenement.
(3) A person shall not
be required to make or give, or to agree to make or give, any payment or
consideration to which this section applies in respect of the carrying out or
proposed carrying out of exploratory operations upon the lands other than a
payment of such amount (if any) as is or would become payable as compensation
under the Mining Act 1971 or the Petroleum Act 1940 (as the case may
require) in respect of the carrying out of such operations.
(4) A person who makes
or gives, or agrees to make or give, a payment or consideration to which this
section applies shall, within fourteen days of the date of making or giving
the payment or consideration, or entering into the agreement, notify the
Minister of Mines and Energy of the amount or value of the payment or
consideration, or of the terms of the agreement.
Maximum penalty: $2 000.