| South Australian Proclamations and Notices |
[Index] [Search] [Download] [Help]
National Parks and Wildlife (Hanson Scrub Conservation
Park—Mining Rights) Proclamation 2003
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 Hanson
Scrub 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 the exercise of those rights be restricted to
the land that lies below the surface of the park, with no work permitted on the
park surface and any necessary subsurface exploration or access undertaken in a
manner (eg from adjacent land) that does not require such work.
This proclamation may be cited as the National Parks and Wildlife
(Hanson Scrub Conservation Park—Mining Rights) Proclamation
2003.
This proclamation comes into operation on the day on which it is
made.
Subject to clause 5, existing rights of entry, prospecting,
exploration or mining under the Mining Act 1971 or the Petroleum
Act 2000 may continue to be exercised in respect of the land described
in Schedule 1.
Subject to clause 5, rights of entry, prospecting, exploration or
mining may, with the approval of the Minister for Mineral Resources Development
and the Minister for Environment and Conservation, be acquired pursuant to the
Mining Act 1971 or the Petroleum Act 2000 in respect of
the land described in Schedule 1.
5—Conditions
subject to which rights may be exercised
A person in whom rights of entry, prospecting, exploration or mining are
vested pursuant to the Mining Act 1971 or the Petroleum
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) no work may be carried out on the surface of the land in the exercise
of those rights;
(b) if work to be carried out in relation to the land in the exercise of
rights under the Petroleum Act 2000 is a regulated activity within
the meaning of that Act, 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 Minister for Environment and Conservation; and
(ii) the work is carried out in accordance with the statement as so
approved;
(c) if work to be carried out in relation to the land in the exercise of
rights under the Mining Act 1971 or the Petroleum
Act 2000 has not previously been authorised (whether by inclusion in an
approved statement of environmental objectives referred to in paragraph (b)
or otherwise), the person must give at least 3 months notice of that proposed
work to the Minister for Mineral Resources Development and the Minister for
Environment and Conservation and supply each Minister with such information in
relation to the proposed work as the Minister may require;
(d) if directions are agreed upon by the Minister for Mineral Resources
Development and the Minister for Environment and Conservation 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 (b)), the
person must comply with those directions in carrying out the work;
(e) 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;
(f) 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, upon the completion of any work, obliterate or remove all
installations and structures (other than installations and structures designated
by the Minister for Mineral Resources Development and the Minister for
Environment and Conservation as suitable for retention) used exclusively for the
purposes of the work;
(g) if no direction has been given by the Minister for Mineral Resources
Development and the Minister for Environment and Conservation under
paragraph (d)(iii), the person must (in addition to complying with any
approved statement of environmental objectives referred to in
paragraph (b)) rehabilitate the land (including the land's vegetation and
wildlife) on completion of the work to the satisfaction of the Minister for
Environment and Conservation.
6—Governor may give approvals,
directions
If—
(a) the Minister for Mineral Resources Development and the Minister for
Environment and Conservation cannot agree as to whether—
(i) approval should be granted or refused under clause 4;
or
(ii) a direction should be given under clause 5(d); or
(b) the Minister for Environment and Conservation does not approve a
statement of environmental objectives referred to in clause 5(b),
the Governor may, with the advice and consent of the Executive
Council—
(c) grant or refuse the necessary approval under clause 4 or 5(b);
or
(d) give a direction in writing under clause 5(d).
Schedule 1—Description of land
Allotment 1 of DP 56651, Hundred of Peacock, County of
MacDonnell.
Made by the Governor
with the advice and consent of the Executive Council
on 13 November
2003
EC03/0085CS
[Published in the Gazette on 13 November 2003 at page 4049]