South Australian Numbered Acts South Australian Numbered Acts104—Insertion of sections 73KA and 73KB
After section 73K insert:
73KA—Emergency order
(1) If, in the opinion of an authorised officer—
(a) mining operations are being carried out in a way that results in, or that is reasonably likely to result in—
(i) a breach of an objective under a mine operations plan; or
(ii) undue damage to the environment; and
(b) it is urgently necessary to take action under this section,
the authorised officer may, by written notice given to any person involved in undertaking the mining operations, issue an order under this section (an "emergency order").
(a) subject to subsection (3)
, must be in the form of a written notice given to the person to whom the order is issued; and
(b) must specify the grounds on which it is issued; and
(c) may impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:
(i) a requirement that a person specified or identified in the order discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from an authorised officer;
(ii) a requirement that a person specified or identified in the order take specified action within a specified period;
(iii) a requirement that a person specified or identified in the order furnish the Minister or a specified authorised officer with a specified report or reports.
(3) An authorised officer may, if of the opinion that urgent action is required under this section, issue an emergency order imposing requirements of a kind referred to in subsection (2)(c)
orally but, in that event, the authorised officer must confirm it in writing at the earliest opportunity (and in any event within 2 business days) by written notice given to the person to whom the order applies.
(4) An emergency order issued under this section will cease to have effect at the expiration of 3 business days after the day on which it is issued unless the Director of Mines, within that period, confirms the order in the manner prescribed by the regulations (and then the order will continue to have effect for a period determined by the Director or until revoked by an authorised officer).
(5) An authorised officer may, with the approval of the Director, by written notice served on the person to whom an emergency order has been issued, vary or revoke the order.
(6) A person to whom an emergency order relates must comply with an order under this section within the time allowed in the order.
Maximum penalty: $250 000.
73KB—Contravention of Act
The Minister or an authorised officer may, if of the opinion that it is reasonably necessary to do so in the circumstances, include in an order under this Part a requirement for an act or omission that might otherwise constitute a contravention of this Act and, in that event, a person incurs no liability to a penalty under this Act for compliance with the requirement.