South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Transitional provisions
Part 1—Transitional provisions— Mining Act 1971
In this Schedule—
principal Act means the Mining Act 1971
.
On and after the day on which section 4
comes into operation, a reference in any Act, statutory instrument or other document or instrument to a mining tenement under the principal Act will, unless the context otherwise requires, be taken to include a reference to a mineral tenement.
(1) In this clause—
mining operator has the same meaning as in the principal Act, as in force immediately before the day on which section 4
comes into operation.
(2) Section 9AA of the principal Act, as in force immediately before the day on which section 9
comes into operation, will continue to apply where a mining operator has given a notice to a person under subsection (1) of that section before the day on which section 22
comes into operation.
All registers kept under section 15A of the principal Act immediately before the repeal of that section by this Act will, on that repeal, be taken to form part of the mining register under section 15AA of the principal Act as enacted by this Act.
(1) A mortgage may be registered under section 15AC of the principal Act, as enacted by this Act, whether it was created before or after the commencement of that section.
(2) An application may be made under section 15AD of the principal Act, as enacted by this Act, in relation to a mortgage—
(a) registered on a register under the principal Act before the commencement of that section; or
(b) created before the commencement of that section and registered on the mining register on or after that commencement.
6—Registered documents and dealings
Section 15AH of the principal Act, as enacted by this Act, extends to the registration of any interest, instrument, agreement, statement, notice, order, direction, bond, penalty or other document or dealing on the mining register before the commencement of section 22
of this Act.
(1) The principal Act, as in force immediately before the commencement of section 23
of this Act, applies for the purposes of the first return required to be furnished by a tenement holder following that commencement and to the calculation of royalty in respect of minerals recovered during the period to which the return relates.
(2) If a relevant event has occurred under section 73E of the principal Act, as in force immediately before the commencement of section 23
of this Act, that event will be taken to be a relevant event for the purposes of section 17AB of the principal Act as enacted by this Act.
(1) In this clause—
grant date is the date of the original grant of an exploration licence;
relevant day means the day on which section 41
comes into operation.
(2) An exploration licence in existence immediately before the relevant day, other than a licence that has been granted under section 30AB of the principal Act, will continue to be subject to the operation of section 30A of the principal Act, as in existence immediately before the relevant day, until the expiration of 5 years from the date on which the licence was granted, and then will be subject to the operation of section 30A of the principal Act, as amended by this Act, as if the term or aggregate term of the licence had reached the period of 6 years, rather than 5 years, and with the grant date for the licence being taken to be 1 year earlier that the actual grant date.
(3) If—
(a) an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and
(b) immediately before the relevant day, the term of that licence when aggregated with the term of the former licence under section 30A of the principal Act, as in existence immediately before the relevant day, has not reached a period of 10 years,
the licence will be subject to the operation of section 30A of the principal Act as in force immediately before the relevant day until the expiration of 10 years from the date on which the former licence was granted, and will then be subject to the operation of section 30A(7)(a) of the principal Act, as amended by this Act, as if the term or aggregate term of the licence had reached the period of 6 years.
(4) If—
(a) an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and
(b) that licence is a successor to a former licence granted under section 30AB of the principal Act; and
(c) immediately before the relevant day, the term of the licence when aggregated with the terms of the former licence or licences under section 30A and 30AB of the principal Act, as in existence immediately before the relevant day, has reached a period of 10 years or more,
the licence will be subject to the operation of section 30A of the principal Act as in force immediately before the relevant day until the expiry of the 5 year aggregate term of the licence and—
(d) the aggregate period of the licence and any former licence will be taken to be 12 years (with the grant date for the licence being adjusted accordingly); and
(e) if the holder of the licence seeks a further renewal of the licence, they will be required to make an application for the renewal of the licence under section 30A of the principal Act, as amended by this Act, and will then be subject to the operation of section 30A(7)(b) (other than subparagraph (ii) of that paragraph) and the licence may continue in force pending the outcome of the application.
(1) An expenditure obligation imposed under section 30(1)(b) of the principal Act as a condition of an exploration licence in existence immediately before the relevant day will be taken to set out the level of expenditure that applies in relation to the licence for the purposes of section 30AAA of the principal Act as enacted by this Act.
(2) The Minister may exercise a power under section 30AAA of the principal Act, as enacted by this Act, in relation to any exploration licence in existence immediately before the commencement of that section.
Section 56Z of the principal Act, as enacted by this Act, cannot apply in relation to a mineral tenement that expired before the commencement of that section.
The Minister may impose a requirement under section 62AA of the principal Act, as enacted by this Act, in relation to a mining tenement (or mineral tenement) granted before the enactment of that section.
12—Jurisdiction relating to tenements and monetary claims
The amendment to section 67(1a) of the principal Act by section 78
—
(a) does not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and
(b) apply in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section).
13—Programs for environment protection and rehabilitation
(1) In this clause—
ADP means a development program approved under regulation 9 of the Mines and Works Inspection Regulations 2013
;
relevant day means the day on which section 83
comes into operation;
PEPR means a program under Part 10A of the principal Act;
prescribed item means—
(a) an exploration work program; or
(b) a declaration of environmental factors; or
(c) a program for mining and rehabilitation of land,
within the meaning of regulation 114 of the Mining Regulations 2011
as in force immediately before the relevant day.
(2) A prescribed item—
(a) continues as a PEPR for the purposes of the principal Act; and
(b) insofar as it is relevant to authorised operations conducted under the principal Act on or after the relevant day, will be taken to be an approved program under Part 10A of the principal Act and to be subject to the operation and requirements of—
(i) regulation 114 of the Mining Regulations 2011
; and
(ii) Part 10A of the principal Act (including so as to require the prescribed item, as a PEPR, to be reviewed under that Part as required and to be relevant to the operation of section 70D of the principal Act as in force immediately before the relevant day and section 70DA of the principal Act as enacted by this Act on or after the relevant day).
(3) An ADP in force immediately before the relevant day—
(a) will be taken to be a PEPR for the purposes of the principal Act; and
(b) insofar as it is relevant to authorised operations conducted under the principal Act on or after the relevant day, will be taken to be an approved program under Part 10A of the principal Act and to be subject to the operation and requirements of Part 10A of the principal Act (including so as to require the ADP, as a PEPR, to be reviewed under that Part as required and to be subject to the operation of sections 70D and 70DA of the principal Act as enacted by this Act on or after the relevant day).
(4) Subclause (3)
does not apply in relation to operations within the ambit of section 5 of the Mines and Works Inspection Act 1920
, as enacted by this Act.
(5) The Minister may, on or after the enactment of paragraph (c) of section 70C(5) of the principal Act, reject a program that has been submitted under section 70B of the principal Act before that enactment.
(6) The Minister may require a program audit to be conducted under section 70D of the principal Act, as enacted by this Act, in relation to a PEPR that has been approved before the relevant day.
(7) If a person who has applied for a mineral tenement before the commencement of this Act submits a program for approval under section 70B(4) of the principal Act as substituted by this Act, the program must be consistent with any proposal provided to the Minister during the relevant mineral tenement application process.
If a caveat lodged under Part 11A of the principal Act is in force immediately before the repeal of that Part by this Act—
(a) the provisions of that Part will continue to apply in relation to the caveat as if the repeal had not been effected; and
(b) Division 3 of Part 2A of the principal Act, as enacted by this Act, will not apply in relation to the caveat.
(1) In this clause—
prescribed day means the day falling 15 years after the day on which this clause comes into operation.
(2) On and after the prescribed day—
(a) a mine operations plan in force under section 73G of the principal Act immediately before that day will be taken to be an approved program under Part 10A of the principal Act; and
(b) Part 10A of the principal Act will apply to and in relation to a private mine and a person carrying out mining operations in relation to a private mine; and
(c) section 73G of the principal Act will cease to apply to and in relation to a private mine (and that section will be taken to have been repealed on that day); and
(d) sections 73I and 73KA of the principal Act will apply—
(i) as if a reference to a mine operations plan included a reference to a program under Part 10A of the principal Act; and
(ii) as if a reference to objectives contained in a mine operations plan included a reference to environmental outcomes under a program under Part 10A of the principal Act.
The repeal of section 84A of the principal Act does not affect the operation of any agreement in force under that section before the repeal.
Part 2—Transitional provisions— Opal Mining Act 1995
In this Part—
principal Act means the Opal Mining Act 1995
.
18—Opal mining register
The distinct part of the Mining Register kept under section 76 of the principal Act by the Mining Registrar under the Mining Act, will on the commencement of this Act, be taken to form part of the opal mining register under section 76 as amended by this Act.
If a caveat lodged under section 26 of the principal Act is in force immediately before the repeal of that section by this Act—
(a) the provisions of that section will continue to apply in relation to the caveat as if the repeal had not been effected; and
(b) section 26 of the principal Act, as enacted by this Act, will not apply in relation to the caveat.
The repeal of section 91 of the principal Act does not affect the operation or validity of any agreement in force under that section immediately before the repeal.
21—Jurisdiction relating to tenements and monetary claims
The amendment of section 72(2a) by section 177
—
(a) does not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section).