South Australian Consolidated Acts South Australian Consolidated Acts59—Use of declared equipment
(1) Subject to this
section, a mining operator shall not use declared equipment in the course of
mining operations under this Act except—
(a) upon
land subject to a lease or licence granted under this Act; or
(b) in
pursuance of an authorisation granted by the Minister under a program under
Part 10A; or
(c) in
pursuance of an authorisation granted by the Director of Mines under
subsection (1a).
Maximum penalty: $120 000.
(1aaa) An
authorisation under subsection (1)(b) may be given subject to conditions
(if any) specified in the authorisation.
(1a) The Director of
Mines may, upon the application of the holder of a claim, authorise him,
subject to the provisions of this section and the conditions (if any)
specified in the authorisation, to use declared equipment upon land comprised
in the claim.
(1aa) If an
application for an authorisation to use declared equipment relates to an area
within the Murray-Darling Basin the Director of Mines must, in considering the
application, take into account the objects of the River Murray Act 2003
and the Objectives for a Healthy River Murray under that Act.
(1ab) If an
application for an authorisation to use declared equipment relates to an area
within or adjacent to a specially protected area, the Director of Mines must,
before making his or her decision on the application, refer the application to
the relevant Minister and consult with the relevant Minister in relation to
the matter.
(1ac) If an
application for an authorisation is referred to a relevant Minister and the
Minister to whom the administration of this Act is committed and the
relevant Minister cannot agree—
(a) on
whether an authorisation should be granted; or
(b) if
an authorisation is granted, on the conditions to which the authorisation
should be subject,
the Minister to whom the administration of this Act is committed and the
relevant Minister must take steps to refer the matter to the Governor and the
Governor will determine the matter (and any decision taken by the Governor
will be taken to be a decision of the Director of Mines under this Act).
(1b) A mining operator
shall not use declared equipment in the course of mining operations upon land
comprised in a registered access claim within a precious stones field unless
he has first served on the Director of Mines—
(a)
notice, in a manner and form determined by the Minister, of his intention to
use that equipment; and
(b)
prescribed particulars of the equipment and where it will be used.
Maximum penalty: $50 000.
(2) A mining operator
shall, at least 21 days before he uses declared equipment upon land (not being
land comprised in a mining lease), serve personally or by post on the owner of
the land, written notice, in a manner and form determined by the Minister, of
his intention to use declared equipment in the course of mining operations on
the land.
(2a) If the land is
subject to a licence under the Petroleum and Geothermal Energy Act 2000
, a copy of any notice required under subsection (2) must also be served
(within the time required under that subsection) on the holder of that
licence.
(3) The owner may, at
any time within 3 months after the service of a notice under
subsection (2), by notice in writing lodged with the Warden's Court,
object to the use, or the unconditional use, of declared equipment upon his
land.
(4) A copy of a notice
of objection under subsection (3) must, within 7 days after lodgment with
the Warden's Court, be served on the mining operator.
(5) Subject to
subsection (6), the Warden's Court may, upon the hearing of an objection
under this section—
(a)
determine that declared equipment should not be used in the course of
mining operations upon the land to which the objection relates or any part of
that land; or
(b)
determine upon what conditions declared equipment may be used upon the land
with least detriment to the interests of the owner and least injury to the
land.
(6) In any proceedings
under this section, the objector must establish that the use of
declared equipment upon the land would be likely to result in severe or
unjustified hardship or substantial damage to the land.
(aa)
fails to comply with any condition of an authorisation under this section; or
(a) uses
declared equipment upon land without prior service of a notice as required by
subsection (2); or
(b)
fails to comply with a determination, or any condition contained in a
determination, under this section,
he shall be guilty of an offence.
Maximum penalty: $50 000.
(8)
Subsections (2) to (7) (other than subsection (2a)) do not apply to
the use of declared equipment on land if—
(a) the
land is a precious stones field; or
(b)
there is an agreement between the mining operator and the owner of the land
about the use of declared equipment on the land and the mining operator
complies with the terms of the agreement; or
(c) the
Warden's Court or the ERD Court has determined conditions on which
declared equipment may be used on the land and the mining operator complies
with the terms of the determination.
(9) 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.