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National Parks and Wildlife (Lake St Clair Conservation
Park—Mining Rights) Proclamation 2006
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 Lake
St Clair 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
the land constituting the conservation park.
3 It is also intended that, in the case of future rights, only certain
activities may be carried out on the surface of the land of the park in the
exercise of those rights, with no use of vehicles on the surface and any
exploratory drilling or mining to be undertaken in a manner (eg from adjacent
land) that does not involve exploratory drilling or mining on the park
surface.
This proclamation may be cited as the National Parks and Wildlife (Lake
St Clair Conservation Park—Mining Rights)
Proclamation 2006.
This proclamation comes into operation on the day on which it is
made.
In this proclamation—
Environment Minister means the Minister to whom the
administration of the National Parks and Wildlife Act 1972 is
committed;
geophysical activities, in relation to land, means any
investigation of the land by seismic, geochemical, geometric, ground magnetic,
electrical, gravitational or soil sampling means (or by such other means as may
be approved by the Environment Minister), but does not include—
(a) exploratory drilling; or
(b) mining; or
(c) the construction of camps or structures; or
(d) the laying of pipes;
Mining Minister means the Minister to whom the administration
of the Petroleum Act 2000 is committed.
Subject to clause 6, existing rights of entry, prospecting,
exploration or mining under the Petroleum 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
Petroleum Act 2000 in respect of the land described in Schedule 1
and may, subject to clause 7, be exercised in respect of that
land.
6—Conditions
for exercise of existing rights
A person in whom rights of entry, prospecting, exploration or mining
existing immediately before the making of this proclamation are vested pursuant
to the Petroleum Act 2000 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
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 any work to be carried out in relation to the land in the exercise
of those rights 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 that proposed
work to the Mining Minister and the Environment Minister and supply each
Minister with such information in relation 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,
(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 clause,
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, upon 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 the work to the satisfaction of the Environment
Minister.
7—Conditions
for exercise of acquired rights
A person in whom rights of entry, prospecting, exploration or mining
acquired after the making of this proclamation are vested pursuant to the
Petroleum Act 2000 must not exercise those rights in respect of the
land described in Schedule 1 unless the person complies with the following
conditions:
(a) no vehicle may be driven on the surface of the land, and no work other
than geophysical activities (conducted without the use of vehicles) may be
carried out on the surface, in the exercise of those rights;
(b) geophysical activities may only be carried out on the surface of the
land in the exercise of those rights with the prior written approval of the
Mining Minister and the Environment Minister and in accordance with any
directions given under paragraph (e);
(c) 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
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;
(d) if any work to be carried out in relation to the land in the exercise
of those rights has not previously been authorised (whether under
paragraph (b) or by inclusion in an approved statement of environmental
objectives referred to in paragraph (c) or otherwise), the person must give
at least 3 months notice of that proposed work to the Mining Minister and
the Environment Minister and supply each Minister with such information in
relation to the proposed work as the Minister may require;
(e) 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) prohibiting or restricting access to any specified part 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 (c)), the
person must comply with those directions in carrying out the work;
(f) 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;
(g) in addition to complying with the other requirements of this clause,
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 ensure that no vehicles are used on the surface of the land and
that any movement over the surface is undertaken on foot in a manner that
minimises damage to the land (including the land's vegetation and wildlife);
and
(iii) must maintain all work areas in a clean and tidy condition;
and
(iv) must, upon 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;
(h) if no direction has been given by the Mining Minister and the
Environment Minister under paragraph (e)(iii), the person must (in addition
to complying with any approved statement of environmental objectives referred to
in paragraph (c)) rehabilitate the land (including its vegetation and
wildlife) on completion of the work to the satisfaction of the Environment
Minister.
8—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 7(b);
or
(ii) a direction should be given under clause 6(c) or 7(e);
or
(b) the Environment Minister does not approve a statement of environmental
objectives under clause 6(a) or 7(c),
the Governor may, with the advice and consent of the Executive
Council—
(c) grant or refuse the necessary approval under clause 5 or 7(b);
or
(d) give a direction in writing under clause 6(c) or 7(e);
or
(e) grant or refuse the necessary approval under clause 6(a) or
7(c).
Schedule 1—Description of land
Sections 95 and 180, Hundred of Bray, County of Robe;
Allotment 12 of DP 58109, Hundred of Bray, County of Robe.
Made by the Governor
with the advice and consent of the Executive Council
on 29 June
2006
EHCS06/0007
[Published in the Gazette on 29 June 2006 at page 2107]