South Australian Numbered Acts South Australian Numbered Acts50—Substitution of section 56B
Section 56B—delete the section and substitute:
56B—Special mining enterprises
(1) For the purposes of this Part, a mining enterprise (whether existing or proposed) is a "special mining enterprise" if—
(a) the Governor is satisfied, after taking into account the advice of the Minister, that the enterprise is of major significance to the economy of the State; and
(b) the Minister and the person who conducts or proposes to establish the enterprise (the "proponent") have entered into an agreement for the exercise of powers under this Part and the grant of an appropriate mineral tenement or tenements in relation to the enterprise; and
(c) the Governor has ratified the agreement between the Minister and the proponent.
(2) This Part has effect subject to any guidelines issued by the Minister for the purposes of this Part.
(3) The following provisions of this Act apply in relation to an application to the Minister under this Part as if the application were an application for a mining lease:
(a) section 56E;
(b) section 56F;
(c) section 56G;
(d) section 56H;
(e) section 56I.
(4) An application may be made under this Part in relation to an existing mineral tenement (or tenements), or for the purposes of obtaining a mineral tenement (or tenements) in relation to an enterprise.
(5) An agreement under subsection (1)(b)
—
(a) must be in a form determined by the Minister after consultation with the proponent; and
(b) has effect when ratified by the Governor and registered on the mining register; and
, may be varied from time to time by further agreement between the parties after complying with any process or procedure prescribed by the regulations.
(6) An agreement under subsection (5)(c)
has no force or effect unless or until it is ratified by the Governor and registered on the mining register.
56BA—Concept phase
(1) The first step that a proponent who is seeking an agreement with the Minister under this Part must take is to consult with the Director of Mines about the proposal.
(2) Consultation with the Director for the purposes of subsection (1)
is initiated by an application made to the Director in a manner and form determined by the Director.
(3) An application—
(a) must incorporate or be accompanied by such information as may be prescribed by the regulations; and
(b) must be accompanied by the prescribed fee.
(4) The Director may require the proponent—
(a) to furnish to the Director any additional information specified by the Director (and that information must be furnished within any period specified by the Director); and
(b) to undertake any consultation required by the guidelines issued by the Minister or specified by the Director (and that consultation must be undertaken within a period specified by the Director); and
(c) to take any other action specified by the Director.
(a) bring the consultation envisaged by subsection (1)
to an end as the Director thinks fit; and
(b) at the end of the consultation, advise the proponent—
(i) that the matter may proceed to an application to the Minister for the purposes of this Part; or
(ii) that the matter is not, in the opinion of the Director, suitable for further consideration under this Part.
(6) If subsection (5)(b)(i)
applies, the proponent is entitled to proceed to make an application to the Minister (but otherwise the matter may not proceed further under this Part).
56BB—Application phase
(1) If a proponent is entitled to proceed to make an application to the Minister, the application—
(a) must be made in a manner and form determined by the Minister; and
(b) must be accompanied by a proposal containing the full particulars of the mining enterprise, including—
(i) information that identifies the boundaries of the land in respect of which the proposal relates which is in accordance with the requirements of section 56E; and
(ii) a statement of the nature, extent and proposed scheduling of the mining operations and related or ancillary operations or works that the proponent carries out or proposes to carry out under the enterprise; and
(iii) an economic analysis of the enterprise, including financial projections and details of the financial resources available to the proponent for the purposes of the enterprise; and
(iv) an assessment of the benefits to the State derived or expected to be derived from the enterprise; and
(v) an assessment of the expected environmental effects of the enterprise; and
(vi) a statement of the measures that the proponent considers appropriate to protect the environment, and to remedy environmental damage that may result on account of operations or activities carried out for the purposes of the enterprise; and
(vii) a statement of the measures that the proponent considers appropriate for the protection of any Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988
that may be affected by the enterprise; and
(c) must be accompanied by such other information as may be prescribed by the regulations; and
(d) must be accompanied by the prescribed fee.
(2) The Minister may require the proponent to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister).
(3) An application will, in relation to any mineral tenement that may be subsequently granted under this Part (if the mining enterprise becomes a special mining enterprise), be taken to be an application duly made under this Act for that tenement.
(4) The Minister may, at any time and in the Minister's absolute discretion (and without consultation with the proponent or taking any other step), by notice to the proponent, refuse an application under this Part.
(5) No mineral claim may be established by, or a mineral tenement granted to, any other person over land to which an application under this Part relates until—
(a) 28 days after the application is refused or withdrawn; or
(b) a mineral tenement (or tenements) are granted to the proponent over the land.
(6) The Minister must give notice of the approval of an application under this section in accordance with any prescribed requirements.