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South Australia
National Parks and Wildlife (The Plug Range Conservation Park—Mining Rights) Proclamation 2012
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 The Plug Range 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 (The Plug Range Conservation Park—Mining Rights) Proclamation 2012.
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.
Subject to clause 6, existing rights of entry, prospecting, exploration or mining under the Mining Act 1971 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 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 (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 has not previously been authorised, the person must give at least 3 months notice of the proposed work to the Mining Minister and the Environment Minister and must supply each Minister with such information relating to the proposed work as the Minister may require;
(b) 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,
the person must comply with those directions in carrying out the work;
(c) 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;
(d) 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;
(e) if no direction has been given by the Mining Minister and the Environment Minister under paragraph (b)(iii), the person must 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 the Mining Minister and the Environment Minister cannot agree as to whether—
(a) approval should be granted or refused under clause 5; or
(b) a direction should be given under clause 6(b),
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(b).
Schedule 1—Description of land
Section 106, Hundred of Miltalie, County of Jervois;
Allotment 51 of Deposited Plan 32766, Hundred of Miltalie, County of Jervois.
Made by the Governor
with the advice and consent of the Executive Council
on 6 September 2012
12MSECCS033
[Published in the Gazette on 6 September 2012 at page 4369]