South Australian Consolidated Acts South Australian Consolidated Acts (1) The Minister may,
by notice in writing served on an applicant for, or the holder of, a
mining tenement, require him to enter into a bond in such sum and subject to
such terms and conditions as ensure, in the opinion of the Minister,
that—
(a) any
civil or statutory liability likely to be incurred by that person in the
course of carrying out mining operations; and
(b) the
present and future obligations of that person in relation to the
rehabilitation of land disturbed by mining operations,
will be satisfied.
(2) The Minister may
require such security for the satisfaction of the bond as the Minister thinks
fit.
(3) If the holder of a
mining tenement fails to comply with a requirement under this section—
(a) the
Minister may, if the requirement has not been complied with at the expiration
of one month from the end of the time allowed for compliance, prohibit
mining operations in the area of the tenement; and
(b) the
Minister may, if the requirement has not been complied with at the expiration
of three months from the end of the time allowed for compliance, cancel the
tenement.
(4) If a person
conducts mining operations in contravention of a prohibition under
subsection (3), he shall be guilty of an offence.
Maximum penalty: $120 000.
(5) Where the Minister
holds, or is entitled to, any money under a bond entered into by a
mining operator, the Minister may, in his discretion, expend any portion of
that money in compensating any person who has suffered, or is likely to
suffer, financial loss as a result of mining operations carried out by that
mining operator or in rehabilitating any land disturbed by any such
operations.
(6) No action shall
lie against the Minister in respect of the expenditure of money under this
section.