South Australian Consolidated Acts

MINING ACT 1971 - SECT 63ZBA

63ZBA—Mining Native Title Register

        (1)         The Mining Registrar must establish a distinct part of the Mining Register (which may be referred to as the Mining Native Title Register ) for the registration of agreements and determinations under this Part.

        (2)         The Mining Registrar must, in respect of each agreement or determination registered under this Part, include in the Mining Native Title Register details concerning—

            (a)         the land to which the agreement or determination relates; and

            (b)         if relevant—the exploration authority or production tenement to which the agreement or determination relates; and

            (c)         the parties who are bound by the agreement or determination; and

            (d)         other information prescribed by the regulations.

        (3)         The Mining Registrar may also note in any other part of the Mining Register any agreement or determination registered under this Part (as the Mining Registrar thinks fit).

        (4)         An agreement or determination registered under this Part is not available for inspection under this Act if—

            (a)         in the case of an agreement, the parties to the agreement specify in the agreement, or in some other manner determined by the Mining Registrar, that the contents of the agreement should be kept confidential under this section;

            (b)         in the case of a determination, the ERD Court specifies in the determination that the contents of the determination should be kept confidential under this section.

        (5)         However, subsection (4) does not prevent the inspection of an agreement or determination registered under this Part by—

            (a)         a person engaged in the administration of this Act acting in the course of official duties; or

            (b)         the Minister, or a person appointed to the Public Service acting in the course of official duties on behalf of, or with the authority of, the Minister; or

            (c)         a person who is bound by the agreement or determination; or

            (d)         a person who is acting under the joint authority of all persons who are bound by the agreement or determination (and such an authority must be given in a manner and form approved by the Mining Registrar); or

            (e)         a person who is acting under the authority of an order or determination of the ERD Court or the Supreme Court (for the purposes of this or another Act or law).

        (6)         An authority under subsection (5) may be given on conditions.

        (7)         A person who contravenes or fails to comply with a condition is guilty of an offence.

Maximum penalty: $10 000.