South Australian Numbered Acts South Australian Numbered Acts8—Amendment of section 9—Application of Aboriginal Heritage Act to the Stuart Shelf Area and the Olympic Dam Area
(1) Section 9(2), (3) and (4)—delete subsections (2), (3) and (4)
(2) Section 9(5) and (6)—delete subsections (5) and (6) and substitute:
(5) Where a development authorisation under Division 2 of Part 4 of the Development Act 1993 is granted in relation to any development which is an element of a Project, no part of the land which is contemplated by the development authorisation, and considered in the applicable environmental impact statement (EIS), public environmental report (PER) or development report (DR), as the site or location of the proposed development, may be declared to be a protected area under section 21 of the Aboriginal Heritage Act, whether before or after the completion of the development, unless—
(a) the relevant land is identified in the relevant EIS, PER or DR as an Aboriginal site; or
(b) the Joint Venturers agree to the declaration; or
(c) the development authorisation ceases to be operative before the relevant development has been substantially completed.
(6) Without limiting subsection (5), after the grant of a Special Mining Lease, or the incorporation of additional land into a Special Mining Lease, in respect of a Project, land—
(a) to which the Special Mining Lease applies; or
(b) within a corridor designated in the relevant approved environmental impact statement referred to in subsection (5) of this section as in force at any time before the Variation Date as—
(i) a pipeline; or
(ii) a power line; or
(iii) a railway line; or
(iv) a private road; or
(c) which is contemplated by a development authorisation under Division 2 of Part 4 of the Development Act 1993 , and considered in the applicable EIS, PER or DR, as the site or location of a development in relation to the Project; or
(d) within a well field in respect of which a Special Water Licence is in force; or
(e) within the Municipality,
may not, without the consent of the Joint Venturers, be declared to be a protected area under section 21 of the Aboriginal Heritage Act.
(6a) Without limiting subsection (5), land within the Olympic Dam Area may not, without the consent of the Joint Venturers, be declared to be a protected area under section 21 of the Aboriginal Heritage Act.
(3) Section 9(7)—delete subsection (7) and substitute:
(7) The powers conferred by section 26 of the Aboriginal Heritage Act are not exercisable without the consent of the Joint Venturers in respect of the land to which subsection (6) or (6a) applies.
(4) Section 9(8)—after "subsection (6)" insert:
, (6a)
(5) Section 9(10)—delete "or in its form as at some later date fixed by proclamation with the consent of the Joint Venturers"
(6) Section 9(11) and (13)—delete subsections (11) and (13)
(7) Section 9—after subsection (14) insert:
(15) In this section—
"Joint Venturers" means the parties who were the Joint Venturers under the Indenture as at the Ratification Date or any one of them and includes their respective successors and permitted assigns.