South Australian Consolidated Acts

MINING ACT 1971 - SECT 30

30—Incidents of licence etc

        (1)         An exploration licence shall—

            (a)         describe or delineate the lands in respect of which it is granted; and

            (b)         be subject to such conditions as may be prescribed and to such additional conditions as the Minister thinks fit and specifies in the licence.

        (2)         The Minister shall, in determining the conditions subject to which a licence is to be granted under this Part, insofar as the Minister considers to be necessary or appropriate in view of the nature and extent of the licence and any other relevant factor, give consideration to the protection of—

            (a)         any aspect of the environment that may be affected by the conduct of operations in pursuance of the licence;

            (b)         any other lawful activities that may be affected by those operations;

            (d)         any Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by those operations,

and may take into consideration such other factors as he considers appropriate in the particular case.

        (3)         It shall be a condition of an exploration licence that the Minister may, at any time, require the holder of the licence to pay to any person an amount of compensation, stipulated by the Minister, to which that person is, in the opinion of the Minister, entitled in consequence of loss or damage suffered by him as a result of operations conducted in pursuance of the licence.

        (4)         The Minister may, under the terms of an exploration licence or by conditions attached to an exploration licence, limit or define the extent or scope of operations authorised under the licence.

        (5)         Without limiting any other section, the Minister may add, vary or revoke a term or condition of an exploration licence at any time during the term of the licence considered appropriate by the Minister.

        (6)         However, if the Minister acts under subsection (5) without the agreement of the holder of the licence, the holder of the licence may appeal to the ERD Court in relation to the matter.

        (7)         The ERD Court may, on hearing an appeal under subsection (6)—

            (a)         confirm the action taken by the Minister;

            (b)         vary or revoke any term or condition imposed by the Minister, or impose any term or condition considered appropriate by the Court;

            (c)         make any consequential or ancillary order that the Court considers necessary or expedient.

        (8)         A person must not contravene, or fail to comply with, a condition of an exploration licence.

Maximum penalty: $120 000.