South Australian Consolidated Acts

MINING ACT 1971 - SECT 58A

58A—Notice of entry

        (1)         A mining operator must, at least 21 days before first entering land to carry out mining operations, serve on the owner of the land notice of intention to enter the land (the "prescribed notice of entry") describing the nature of the operations to be carried out on the land.

        (2)         The notice must be served—

            (a)         in the case of native title land—as prescribed by the Native Title (South Australia) Act 1994 ; or

            (b)         in other cases—personally or by post.

        (2a)         If the land is subject to a licence under the Petroleum and Geothermal Energy Act 2000 , a copy of the notice must also be served (within the time required under subsection (1)) on the holder of that licence.

        (3)         If the land is held under a form of title (other than a pastoral lease or a licence under the Petroleum and Geothermal Energy Act 2000 ) that confers a right to exclusive possession of the land—

            (a)         the notice must contain a statement of the owner's rights of objection and compensation under this Act; and

            (b)         the owner may, within three months after service of the notice, lodge a notice of objection with the appropriate court objecting—

                  (i)         to entry on the land by the mining operator; or

                  (ii)         to the use, or the unconditional use, of the land, or a portion of the land, for mining operations.

        (4)         The court must send a copy of a notice of objection received under subsection (3) to the mining operator.

        (5)         If the court is satisfied on the hearing of an objection that the conduct of the mining operations on the land would be likely to result in substantial hardship or substantial damage to the land, the court may—

            (a)         determine that the land, or a particular part of the land, should not be used by the mining operator for the purpose of mining operations; or

            (b)         determine conditions on which operations may be carried out on the land by the mining operator with least detriment to the interests of the owner and least damage to the land.

        (6)         A mining operator who contravenes or fails to comply with a determination under this section is guilty of an offence.

Maximum penalty: $50 000.

        (7)         The prescribed notice of entry is not required if—

            (a)         the land to be entered is in a precious stones field; or

            (b)         the mining operator is authorised to enter the land by agreement with the owner of the land; or

            (c)         the mining operator is authorised to enter the land under a native title mining determination; or

            (ca)         the mining operator is authorised to enter the land under an indigenous land use agreement registered under the Native Title Act 1993 (Cwth); or

            (d)         the mining operator enters the land to continue mining operations that had been lawfully commenced on the land before the commencement of this section.

        (8)         A notice is not required under subsection (2a) if the holder of the licence under the Petroleum and Geothermal Energy Act 2000 has waived the requirement for notice to be given under that subsection.

        (9)         A notice under this section must be in a form determined or approved by the Minister.