Offshore Minerals Regulations 2002 (SA)

South Australia Offshore Minerals Regulations 2002 under the Offshore Minerals Act 2000

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Licences 4 Application for licence 5 Special conditions 6 Obligations associated with exploration licence (section 117(1)(c)) 7 Obligations associated with retention licence or mining licence (sections 176(1)(c) and 253(1)(c)) 8 Registration of transfer of licence (section 338) 9 Surrender of part of exploration licence (section 100) Part 3—Ballot procedures 10 Definitions for this Part 11 Multiple applications—exploration and mining licences: time of lodgement (sections 58(2)(b) and 203(2)(b)) 12 Multiple applications—drawing of lots (sections 58(2) and 203(2)) Part 4—Records 13 Records and samples 14 Records and samples—additional requirements for mining licence (section 261) 15 Mining licence—returns to be made (section 261) Part 5—Restoration of environment 16 Definition for Part 5 17 Removal of unused mining property (section 401) 18 Disposal of unused mining property (section 401) 19 Direction to rehabilitate mining area (section 402) Part 6—Miscellaneous 20 Fees 21 Copies of documents (section 370) 22 Testing and analysis of samples (section 371) 23 Change of name and address 24 Service of documents 25 Offences Schedule—Fees Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the Offshore Minerals Regulations 2002. 2—Commencement These regulations will come into operation on 4 May 2002. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Offshore Minerals Act 2000; Department means the department of the Minister involved in the administration of the Act and these regulations.

Part 2—Licences 4—Application for licence For the purposes of sections 54(1)(e), 138(1)(e) and 199(1)(e) of the Act, each map that accompanies an application for an exploration licence, retention licence or mining licence must— (a) be in a form and scale approved by the Minister; and (b) show the relevant blocks by distinctive colour tinting or edging. 5—Special conditions (1) A person who obtains a licence is liable for, and will indemnify and keep indemnified the South Australian Government against, all actions, suits, claims and demands resulting from the erection or placing by the person of a structure or object on or over a part of the seabed, or the escape of a deleterious substance into the sea, while conducting offshore exploration or mining activities associated with the licence and, for this purpose, a licence must not be registered or granted unless and until the relevant person has entered into an agreement with the Minister (to the Minister's satisfaction) that complies with the requirements of subregulation (2). (2) An agreement complies with the requirements of this subregulation if the relevant person agrees to indemnify and to keep indemnified the South Australian Government against all actions, suits, claims and demands resulting from the erection or placing by the person of a structure or object on or over a part of the seabed, or the escape of a deleterious substance into the sea, while conducting offshore exploration or mining activities associated with the licence. (3) A person holding a licence must not permit the escape of a deleterious substance into the sea other than in accordance with a program approved by the Minister. (4) A person who obtains a licence must not commence offshore exploration or mining activities associated with the licence unless or until the Minister for the time being administering the Fisheries Act 1982 certifies that the Minister is satisfied that the operations will not contravene the Fisheries Act 1982. (5) A reference in this regulation to offshore exploration or mining activities associated with a licence includes any activity undertaken for the purposes of, or incidental to, the conduct of offshore exploration or mining activities. (6) In this regulation— South Australian Government means the Crown in right of the State and includes all Ministers of the Crown. 6—Obligations associated with exploration licence (section 117(1)(c)) The following obligations are associated with an exploration licence: (a) the licence holder must, as soon as reasonably practicable, report to the Minister the discovery in the licence area of minerals potentially capable of economic production; (b) the licence holder must conduct operations under the licence (including managing waste resulting from offshore exploration or mining activities) in accordance with a program approved, from time to time, by the Minister designed to— (i) minimise damage to the seabed or subsoil in coastal water or resulting from the escape of deleterious substances; and (ii) ensure that, in drilling or other underground investigations, no interconnection between groundwater aquifers occurs; (c) the licence holder must allow an inspector, at any reasonable time, to enter and remain in the licence area for the purpose of surveying the area, examining the condition of the licence area and undertaking any other activity associated with the administration of the Act or these regulations; (d) exploration or other reports, and geological data and samples, required to be submitted under the Act or these regulations to the Minister must be submitted by times, and in a manner and form, determined by the Minister. 7—Obligations associated with retention licence or mining licence (sections 176(1)(c) and 253(1)(c)) The following obligations are associated with a retention licence or mining licence: (a) the licence holder must conduct operations under the licence in an orderly and skilful manner in accordance with a program for mining and rehabilitation of the environment approved, from time to time, by the Minister; (b) the licence holder must submit to the Minister, from time to time at the Minister's request, a current plan of survey of the licence area in the form required by the Minister; (c) the licence holder must allow an inspector, at any reasonable time, to enter and remain in the licence area for the purpose of surveying the area, examining the condition of the licence area and undertaking any other activity associated with the administration of the Act or these regulations; (d) exploration or other reports, and geological data and samples, required to be submitted under the Act or these regulations to the Minister must be submitted by times, and in a manner and form, determined by the Minister. 8—Registration of transfer of licence (section 338) (1) For the purposes of section 338 of the Act, an instrument of transfer, after endorsement by the Minister under section 365 of the Act and payment of stamp duty, must be lodged, together with a copy of the instrument of transfer, the licence, and the fee prescribed by the Schedule, within 30 days after the Minister gives his or her consent to the transfer, or such later time as the Minister may allow. (2) The late lodgment fee prescribed by the Schedule is payable if an instrument of transfer is lodged later than 30 days after the Minister gives his or her consent to the transfer. 9—Surrender of part of exploration licence (section 100) (1) The holder of an exploration licence seeking to surrender some of the blocks covered by the licence on application under section 100 of the Act must, within 60 days after making the application, submit to the Minister a technical report of the exploratory operations carried out in the area sought to be excluded from the licence. (2) The Minister may, after being satisfied that no fees are outstanding, approve an application to surrender some of the blocks covered by an exploration licence. (3) The Minister may, if the Minister thinks fit, waive compliance with a requirement under subregulation (1) or (2).