South Australian Numbered Acts South Australian Numbered Acts59—Amendment of section 62—Bond and security
(1) Section 62(1)—delete "mining tenement, require him" and substitute:
mineral tenement, require them
(2) Section 62(1)—delete "mining operations" wherever occurring and substitute in each case:
authorised operations
(3) Section 62—after subsection (2) insert:
(2a) If an applicant for a mineral tenement fails to comply with a requirement under this section, the Minister may refuse the application.
(4) Section 62(3)—delete "mining tenement" and substitute:
mineral tenement
(5) Section 62(3)(a)—delete "mining operations" and substitute:
authorised operations
(6) Section 62(4), (5) and (6)—delete subsections (4), (5) and (6) and substitute:
(4) The liability to pay an amount under this section is a debt due to the Crown.
(5) A person must not contravene a prohibition under subsection (3).
Maximum penalty: $150 000.
(6) If the Minister holds, or is entitled to hold, any money under a bond entered into by a tenement holder, the Minister may, in the Minister's discretion, expend any portion of that money—
(a) to compensate any person who has suffered, or is likely to suffer, financial loss as a result of authorised operations carried out by that tenement holder or in rehabilitating any land disturbed by any such authorised operations; or
(b) to satisfy any liability to pay an amount that is due to the Crown under this Act.
(7) The Minister may, on application under this subsection, (in the Minister's absolute discretion) agree to the assignment of a liability or obligation under this section to a third party on terms or conditions determined by the Minister.
(8) No action lies against the Minister in respect of the expenditure of money under this section.