South Australian Consolidated Acts South Australian Consolidated Acts58—How entry on land may be authorised
A mining operator may enter land to carry out mining operations on the
land—
(a) if
the mining operator has an agreement 1 with the owner of the land authorising
the mining operator to enter the land to carry out mining operations on the
land; or
(b) if
the mining operator is authorised by a native title mining determination to
enter the land to carry out mining operations on the land; or
(ba) if
the mining operator is authorised by an indigenous land use agreement
registered under the Native Title Act 1993 (Cwth) to enter the land to
carry out mining operations on the land; or
(c)
if—
(i)
the mining operator has given the
prescribed notice of entry; and
(ii)
the mining operations will not affect native title in the
land; and
(iii)
the mining operator complies with any determination made
on objection to entry on the land, or the use or unconditional use of the
land, or portion of the land, for mining operations; 2 or
(d) if
the land to be entered is in a precious stones field and the mining operations
will not affect native title in the land; or
(e) if
the mining operator enters the land to continue mining operations that had
been lawfully commenced on the land before the commencement of this section.
Explanatory note—
A mining operator's right to enter land to carry out mining operations on the
land is contingent on the operator holding the relevant mining tenement.
Notes—
1 If the land is native title land, the agreement
is to be negotiated under Part 9B.