Mining Act 1971 (SA)

South Australia Mining Act 1971 An Act to regulate and control mining operations; and for other purposes.

Contents Part 1—Preliminary 1 Short title 6 Interpretation 7 Application of Act 8 Declaration of mineral land etc 8A Opal development areas 9 Exempt land 9AA Waiver of exemption (including cooling‑off) 9A Special declared areas 10 Mining in respect of public roads and places 10B Interaction with other legislation Part 2—Administration 11 The Minister and the Director to be corporations sole 12 Delegation 13 Mining registrars and other staff 14 Appointment of authorised officers 14A Identity cards 14B Authorised investigations 14C Powers of entry and inspection 14D Power to gather information 14E Production of records 14F Publication of results of investigation 14G Power to give expiation notices 14H Provisions relating to things seized 15 Power to conduct geological investigations etc Part 2A—Mining register and information Division 1—Mining register 15AA The register 15AB Dealings with mineral tenements Division 2—Mortgages 15AC Mortgages 15AD Application to court to challenge aspects of mortgages Division 3—Caveats 15AE Caveats 15AF Application to Warden's Court to lapse caveat or obtain compensation Division 4—Other dealings 15AG Other dealings Division 5—Protection from liability 15AH Protection from liability Division 6—Information 15AI Interpretation 15AJ Compilation, keeping and provision of material 15AK Tests 15AL Release of material Part 3—Reservation of minerals and royalty 16 Reservation of minerals 17 Royalty 17A Reduced royalty for new mines 17AB Royalty for private mines 17AC Notification of relevant event 17B Assessments by Treasurer 17C Recovery of royalty where appeal lodged 17CA Returns 17D When royalty falls due (general principles) 17DA Special principles relating to designated tenement holders 17E Penalty for unpaid royalty 17F Processed minerals 17G Means of payment 18 Passing of property in minerals Part 4—Prospecting for minerals 20 General right to prospect for minerals 21 Steps to establish a mineral claim 23 Area of claim 24 Registration of claim 24A Claim may lapse 25 Rights conferred by ownership of mineral claim 26 Mineral claim not transferable etc 27 Land not to be subject to successive mineral claims Part 5—Exploration licence 28 Preliminary 29 Nature of exploration licence 29A Application for exploration licence 29B Grant of exploration licence 30 Incidents of licence 30AAA Expenditure 30AA Area of licence 30A Term and renewals of licence 30AB Excise of land for public purposes 31 Fee 33A Minister may describe or delineate land in any manner 33B Retention status Part 6—Mining leases 34 Preliminary 35 Nature of mining lease 36 Application for mining lease 37 Approval of application and registration 38 Term and renewal of mining lease Part 7—Retention leases 42 Preliminary 43 Nature of retention lease 44 Application for retention lease 45 Approval of application and registration 46 Term and renewal of retention lease Part 8—Miscellaneous purposes licences 47 Preliminary 48 Nature of miscellaneous purposes licence 49 Application for miscellaneous purposes licence 50 Approval of application and registration 51 Term and renewal of miscellaneous purposes licence Part 8A—Special mining enterprises 56A Object of this Part 56B Special mining enterprises 56BA Concept phase 56BB Application phase 56C Power to exempt from or modify Act 56D Existing tenements Part 8B—Common provisions Division 1—Identifying areas and considering applications 56E Identification of areas 56F Related environmental legislation 56G Specially protected areas Division 2—Notice 56H Notice Division 3—Terms and conditions 56I Matters to be considered 56J Alteration of terms and conditions 56K Special term or condition relating to extractive minerals 56L Offence to contravene term or condition Division 4—Rental 56M Rental 56N Debt payable to Crown Division 5—Rectification of boundaries 56O Rectification of boundaries Division 6—Amalgamation of areas 56P Amalgamation of areas Division 7—Change in operations 56Q Preliminary 56R Application 56S Consultation 56T Consideration of proposal 56U Terms and conditions 56V Registration Division 8—Cancellation, suspension and surrender 56W Cancellation and suspension—action by Minister 56X Surrender on application Division 9—Extension of term or reinstatement of tenement 56Y Extension of term of tenement 56Z Reinstatement of tenement Division 10—Assessment reports 56ZA Assessment reports Part 9—Entry upon land, compensation and restoration 57 Entry on land 58 How entry on land may be authorised 58A Notice requirements 61 Compensation 62 Bond and security 62AA Mining Rehabilitation Fund 62A Right to require acquisition of land 63 Extractive Areas Rehabilitation Fund Part 9B—Native title land Division 1—Exploration 63F Qualification of rights conferred by exploration authority 63G Exploration rights to be held in escrow in certain circumstances Division 2—Production 63H Limits on grant of production tenement 63I Applications for production tenements Division 3—Application for declaration 63J Application for declaration Division 4—Negotiating procedure 63K Types of agreement authorising mining operations on native title land 63L Negotiation of agreements 63M Notification of parties affected 63N What happens when there are no registered native title parties with whom to negotiate 63O Expedited procedure where impact of operations is minimal 63P Negotiating procedure 63Q Agreement 63R Effect of registered agreement 63S Application for determination 63T Criteria for making determination 63U Limitation on powers of Court 63V Effect of determination 63W Ministerial power to overrule determinations 63X No re-opening of issues Division 5—Miscellaneous 63Y Non-application of this Part to Pitjantjatjara and Maralinga lands 63Z Compensation to be held on trust in certain cases 63ZA Non-monetary compensation 63ZB Review of compensation 63ZBA Mining Native Title Register 63ZC Saving of pre-1994 mining tenements Part 10—Warden's Court—general provisions 64 Establishment of Warden's Court 65 Powers etc of Warden's Court 66 Rules of Warden's Court 66A Removal of cases to ERD Court 67 Jurisdiction relating to tenements and monetary claims 70 Forfeiture and transfer of mineral tenement Part 10A—Operating approval—program for environment protection and rehabilitation 70A Object of Part 70B Preparation or application of program 70C Review of programs 70D Notice of certain programs 70DA Audit of program 70DB Publication of program 70DC Offences 70DD Development programs to be taken to be approved programs Part 10B—Compliance and enforcement 70E Power to direct persons to take action to prevent or minimise environmental harm 70F Power to direct rehabilitation of land 70FA Compliance directions 70FB Emergency directions 70FC Contravention of Act 70G Application for review of direction 70H Action if non‑compliance occurs 70HA Restriction of claims 70HB Self-incrimination Part 10C—Offences and penalties 70HC Penalty for illegal mining 70HD Obstruction of person authorised to mine etc 70HE Civil penalties 70HF Additional orders on conviction 70HG Continuing offences 70HH Offences by bodies corporate 70HI Time limits 70HJ Summary offences 70HK Evidentiary provisions Part 11—Assistance to mining 71 Minister may assist in conduct of operations 72 Research and investigations 73 Acquisition of mining equipment Part 11B—Private mines 73C Interpretation 73D Application of Act 73G Mine operations plans 73H General duty to avoid undue environmental damage 73I Compliance orders 73J Rectification orders 73K Rectification authorisations 73KA Emergency order 73KB Contravention of Act 73L Application for review of direction 73M Action if non‑compliance occurs 73N Revocation of private mine 73O Evidentiary provisions 73R Power to correct errors in declarations Part 12—Miscellaneous 74 Civil remedies 74AA Enforceable voluntary undertakings 74A Compliance orders 75 Provision relating to certain minerals 75A Avoidance of double compensation 78 Persons under 16 years of age 79 Minister may grant exemptions 79A False or misleading information 80 Conditions under which land may be simultaneously subject to more than 1 tenement 81 Additional provisions relating to liability 82 Deemed consent or agreement 83A Licence or other right is not personal property for the purposes of Commonwealth Act 85 Charge on property if debt due to Crown 86 Removal of machinery etc 88 Hindering authorised officers 89A Offences and ERD Court 89B Penalties and expiation fees payable into Mining Rehabilitation Fund 90 Reports and verification of information 91 Administrative penalties 92 Regulations Schedule—Transitional provisions Legislative history