South Australian Consolidated Acts

MINING ACT 1971

TABLE OF PROVISIONS

           Long Title

   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
   10A.    Special conditions attaching to mining of radioactive minerals
   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
   15.     Power to conduct geological investigations etc
   15A.    Register of mining tenements etc

   PART 3--Reservation of minerals and royalty

   16.     Reservation of minerals
   17.     Royalty
   17A.    Reduced royalty for new mines
   17B.    Assessments by Minister
   17C.    Recovery of royalty where appeal lodged
   17D.    When royalty falls due
   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.     Grant of exploration licence
   29.     Application for exploration licence
   30.     Incidents of licence etc
   30AA.   Area of licence
   30A.    Term and renewal of licence
   30AB.   Subsequent exploration licence
   31.     Fee
   32.     Licensee to keep and, on request, furnish Director with geological records etc
   33.     Cancellation, suspension etc of licence
   33A.    Minister may describe or delineate land in any manner

   PART 6--Mining leases

   34.     Grant of mining lease
   35.     Application for lease
   35A.    Representations in relation to grant of lease
   35B.    Notification of decision on application
   36.     Approval of application
   37.     Nature of lease
   38.     Term and renewal of mining lease
   39.     Rights conferred by lease
   40.     Rental
   41.     Suspension or cancellation of lease

   PART 6A--Retention leases

   41A.    Grant of retention lease
   41B.    Application for retention lease
   41BA.   Representations in relation to grant of retention lease
   41C.    Nature of lease
   41D.    Term and renewal of retention lease
   41E.    Rental
   41F.    Rights conferred by lease

   PART 8--Miscellaneous purposes licence

   52.     Grant of miscellaneous purposes licence
   53.     Application for miscellaneous purposes licence
   54.     Compensation
   55.     Term and renewal of miscellaneous purposes licence
   56.     Suspension and cancellation of miscellaneous purposes licence

   PART 8A--Special mining enterprises

   56A.    Object of this Part
   56B.    Special mining enterprises
   56C.    Power to exempt from or modify Act
   56D.    Existing tenements

   PART 9--Entry upon land, compensation and restoration

   57.     Entry on land
   58.     How entry on land may be authorised
   58A.    Notice of entry
   59.     Use of declared equipment
   61.     Compensation
   62.     Bond and security
   62A.    Right to require acquisition of land
   63.     Extractive Areas Rehabilitation Fund

   PART 9A--Access to subsurface strata

   63A.    Pegging out of access claim
   63B.    Access claim may be pegged by agreement, or by authority of the Warden's Court, over land comprised in mining tenement
   63C.    Registration of access claim
   63D.    Rights conferred by access claim
   63E.    Term etc of access claim

   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 and forfeiture of mining tenements

   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
   69.     Forfeiture of claim
   70.     Forfeiture and transfer of lease

   PART 10A--Programs for environment protection and rehabilitation

   70A.    Object of Part
   70B.    Preparation or application of program under this Part
   70C.    Review of programs
   70D.    Related matters

   PART 10B--General provisions--environmental protection

   70E.    Power to direct tenement holders to take action to prevent or minimise environmental harm
   70F.    Power to direct rehabilitation of land
   70G.    Application for review of direction
   70H.    Action if non-compliance occurs

   PART 11--Assistance to mining

   71.     Minister may assist in conduct of mining operations
   72.     Research and investigation
   73.     Acquisition of mining equipment

   PART 11A--Caveats

   73A.    Lodging of caveats
   73B.    Duration and effect of caveat

   PART 11B--Private mines

   73C.    Interpretation
   73D.    Exemption from Act
   73E.    Royalty
   73F.    Passing of property in minerals
   73G.    Mine operations plans
   73H.    General duty to avoid undue environmental damage
   73I.    Compliance orders
   73J.    Rectification orders
   73K.    Rectification authorisations
   73L.    Appeals to Warden's Court
   73M.    Declaration of Warden's Court concerning variation or revocation of declaration of an area as a private mine
   73N.    Variation or revocation of declaration of private mine
   73O.    Powers of inspectors or persons
   73P.    Service of documents on proprietor
   73Q.    Registration of mine operations plans
   73R.    Power to correct errors in declarations

   PART 12--Miscellaneous

   74.     Penalty for illegal mining
   74AA.   Compliance directions
   74A.    Compliance orders
   75.     Provision relating to certain minerals
   75A.    Avoidance of double compensation
   76.     Returns
   77.     Records and samples
   77A.    Period of retention of records
   77B.    Other material to be provided by holder of tenement
   77C.    Expert reports
   77D.    Release of matter
   78.     Persons under 16 years of age
   79.     Minister may grant exemption from certain obligations
   79A.    Avoidance of duplication of procedures etc
   80.     Conditions under which land may be simultaneously subject to more than one tenement
   81.     This Act not to affect Pastoral Act or Local Government Act
   82.     Surrender of lease or licence
   83.     Dealing with licences
   83A.    Licence or other right is not personal property for the purposes of Commonwealth Act
   84.     Duplicate copy of lease or licence
   84A.    Safety net
   85.     Non-payment of money due to Crown
   86.     Removal of machinery etc
   88.     Obstruction etc of officers exercising powers under Act
   89.     Obstruction etc of person authorised to mine
   89A.    Offences and ERD Court
   90.     Evidentiary provision
   91.     Administrative penalties
   91A.    Rectification of boundaries
   92.     Regulations
           SCHEDULE -Transitional provisions
           Legislative history