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South Australian Proclamations and Notices

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National Parks and Wildlife (Hanson Scrub Conservation Park—Mining Rights) Proclamation 2003

under section 43 of the National Parks and Wildlife Act 1972


Preamble

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.


1—Short title

This proclamation may be cited as the National Parks and Wildlife (Hanson Scrub Conservation Park—Mining Rights) Proclamation 2003.

2—Commencement

This proclamation comes into operation on the day on which it is made.

3—Existing rights continue

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.

4—New rights may be acquired

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]


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