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South Australia
National Parks and Wildlife (Kinchina Conservation Park—Mining Rights) Proclamation 2016
under section 43 of the National Parks and Wildlife Act 1972
1 The Crown land described in Schedule 1
is, by another proclamation made on this day, constituted as a conservation park under section 30(1) of the National Parks and Wildlife Act 1972
and assigned the name Kinchina Conservation Park.
2 It is intended that, by this proclamation, certain existing and future rights of entry, prospecting, exploration or mining be preserved in relation to that land.
1—Short title
This proclamation may be cited as the National Parks and Wildlife (Kinchina Conservation Park—Mining Rights) Proclamation 2016.
2—Commencement
This proclamation comes into operation on the day on which it is made.
3—Interpretation
In this proclamation—
Environment Minister means the Minister for the time being administering the National Parks and Wildlife Act 1972
;
Mining Minister means the Minister for the time being administering the Mining Act 1971
or the Minister for the time being administering the Petroleum and Geothermal Energy Act 2000
, as the case requires.
4—Existing rights to continue
Subject to clause 6
, existing rights of entry, prospecting, exploration or mining under the Mining Act 1971
or the Petroleum and Geothermal Energy Act 2000
may continue to be exercised in respect of the land described in Schedule 1
.
Rights of entry, prospecting, exploration or mining may, with the approval of the Mining Minister and the Environment Minister, be acquired pursuant to the Mining Act 1971
or the Petroleum and Geothermal Energy Act 2000
in respect of the land described in Schedule 1
and may, subject to clause 6
, be exercised in respect of that land.
6—Conditions for exercise of rights
A person in whom rights of entry, prospecting, exploration or mining are vested pursuant to the Mining Act 1971
or the Petroleum and Geothermal Energy Act 2000
(whether those rights were acquired before or after the making of this proclamation) must not exercise those rights in respect of the land described in Schedule 1
unless the person complies with the following conditions:
(a) if work to be carried out in relation to the land in the exercise of those rights is a regulated activity within the meaning of the Petroleum and Geothermal Energy Act 2000
, the person must ensure that—
(i) the work is not carried out until a statement of environmental objectives in relation to the activity that has been approved under that Act has also been approved by the Environment Minister; and
(ii) the work is carried out in accordance with the statement as so approved;
(b) if work to be carried out in relation to the land in the exercise of rights under the Mining Act 1971
or the Petroleum and Geothermal Energy Act 2000
has not previously been authorised (whether by inclusion in an approved statement of environmental objectives referred to in paragraph (a)
or otherwise), the person must give at least 3 months notice of the proposed work to the Mining Minister and the Environment Minister and supply each Minister with such information relating to the proposed work as the Minister may require;
(c) if directions are agreed between the Mining Minister and the Environment Minister and given to the person in writing in relation to—
(i) carrying out work in relation to the land in a manner that minimises damage to the land (including the land's vegetation and wildlife) and the environment generally; or
(ii) preserving objects, structures or sites of historical, scientific or cultural interest; or
(iii) rehabilitating the land (including the land's vegetation and wildlife) on completion of the work; or
(iv) (where the work is being carried out in the exercise of rights acquired after the making of this proclamation) prohibiting or restricting access to any specified area of the land that the Ministers believe would suffer significant detriment as a result of carrying out the work,
(being directions that do not reduce or otherwise detract from any requirement in respect of any of those matters contained in an approved statement of environmental objectives referred to in paragraph (a)
), the person must comply with those directions in carrying out the work;
(d) if a plan of management is in operation under section 38 of the National Parks and Wildlife Act 1972
in respect of the land, the person must have regard to the provisions of the plan of management;
(e) in addition to complying with the other requirements of this proclamation, the person—
(i) must take such steps as are reasonably necessary to ensure that objects, structures and sites of historical, scientific or cultural interest and the land's vegetation and wildlife are not unduly affected by any work; and
(ii) must maintain all work areas in a clean and tidy condition; and
(iii) must, on the completion of any work, obliterate or remove all installations and structures (other than installations and structures designated by the Mining Minister and the Environment Minister as suitable for retention) used exclusively for the purposes of that work;
(f) if no direction has been given by the Mining Minister and the Environment Minister under paragraph (c)(iii)
, the person must (in addition to complying with any approved statement of environmental objectives referred to in paragraph (a)
) rehabilitate the land (including its vegetation and wildlife) on completion of any work to the satisfaction of the Environment Minister.
7—Governor may give approvals, directions
If—
(a) the Mining Minister and the Environment Minister cannot agree as to whether—
(i) approval should be granted or refused under clause 5
; or
(ii) a direction should be given under clause 6(c)
; or
(b) the Environment Minister does not approve a statement of environmental objectives under clause 6(a)
,
the Governor may, with the advice and consent of the Executive Council—
(c) grant or refuse the necessary approval under clause 5
; or
(d) give a direction in writing under clause 6(c)
; or
(e) grant or refuse the necessary approval under clause 6(a)
.
Schedule 1—Description of land
Section 489, Hundred of Mobilong, County of Sturt;
Allotments 100 and 105 in Deposited Plan 77623, Hundred of Mobilong, County of Sturt;
Allotments 21 and 22 in Deposited Plan 12046, Hundred of Mobilong, County of Sturt;
Allotments 1 and 16 in Filed Plan 15648, Hundred of Mobilong, County of Sturt;
Allotment 329 in Filed Plan 167144, Hundred of Mobilong, County of Sturt;
Allotment 333 in Filed Plan 167148, Hundred of Mobilong, County of Sturt;
Allotment 2 in Filed Plan 14028, Hundred of Mobilong, County of Sturt;
Allotment 55 in Filed Plan 41832, Hundred of Mobilong, County of Sturt.
Made by the Governor
with the advice and consent of the Executive Council
on 22 September
2016
16MSECCS044
[Published in the Gazette on 22 September 2016 at page 3829]