South Australian Current Regulations

MINING REGULATIONS 2020 - REG 81

81—Public liability insurance

        (1)         The holder of a mineral tenement must, before commencing operations under the tenement and for the duration of the tenement, maintain a policy of public liability insurance indemnifying the holder, in an amount that is reasonable taking into account the kind of tenement, the nature and extent of the operations carried out under the tenement, and relevant industry standards, in relation to any action arising out of the operations carried out under the tenement and complying with any other requirement (if any) determined by the Minister.

Maximum penalty: $20 000.

        (2)         The tenement holder must provide to the Minister a certificate evidencing the insurance coverage required by subregulation (1), and any endorsements or waivers relating to insurance coverage, in accordance with the requirements of this regulation.

Maximum penalty: $5 000.

Expiation fee: $750.

        (3)         A certificate under subregulation (2) must be provided to the Minister before operations commence under the relevant mineral tenement and then a current certificate must be provided to the Minister—

            (a)         unless paragraph (b) applies—

                  (i)         in relation to a private mine—by 30 June in each year; and

                  (ii)         in any other case—by each anniversary of the day on which the relevant mineral tenement was granted; or

            (b)         if the Minister so determines—on another date in each year, or according to a particular frequency, determined by the Minister.

        (4)         The tenement holder must, in accordance with this regulation, notify the Minister—

            (a)         if any insurance obtained for the purposes of this regulation lapses without having been renewed; or

            (b)         if there is a change in an insurance policy obtained for the purposes of this regulation, including a change in the level of cover.

Maximum penalty: $5 000.

Expiation fee: $750.

        (5)         A notification under subregulation (4)—

            (a)         must be provided to the Minister within 14 days after the relevant event under that subregulation; and

            (b)         must be provided in a manner and form determined by the Minister; and

            (c)         must contain the information determined by the Minister, and be accompanied by such information or documents as the Minister may determine.

        (6)         A tenement holder must, at the request of the Minister, provide to the Minister a copy of the policy of insurance relating to the requirements that apply under this regulation within a period specified by the Minister.

Maximum penalty: $5 000.

Expiation fee: $750.