South Australian Consolidated Acts

MINING ACT 1971 - SECT 74AA

74AA—Compliance directions

        (1)         The Minister may issue a direction under this section (a "compliance direction") for the purpose of—

            (a)         securing compliance with a requirement under this Act, a mining tenement (including a condition of a mining tenement) or any authorisation under or in relation to a mining tenement; or

            (b)         preventing or bringing to an end specified operations that are contrary to this Act or a mining tenement (including a condition of a mining tenement); or

            (c)         without limiting any other provision, requiring the rehabilitation of land on account of any mining operations conducted without an authority required by this Act.

        (2)         A compliance direction—

            (a)         must be in the form of a written notice served on the person to whom the notice is issued; and

            (b)         must—

                  (i)         specify the person to whom it is issued (whether by name or a description sufficient to identify the person); and

                  (ii)         specify the grounds on which it is issued; and

            (c)         may impose any requirement reasonably required for the purpose for which the order is issued including 1 or more of the following:

                  (i)         a requirement that the person discontinue, or not commence, specified operations indefinitely or for a specified period or until further notice from the Minister;

                  (ii)         a requirement that the person not carry on specified operations except at specified times or subject to specified conditions;

                  (iii)         a requirement that the person take specified action within a specified period; and

            (d)         must state that the person may, within 28 days, apply to the ERD Court for a review of the direction.

        (3)         The Minister may, by written notice served on a person to whom a compliance direction has been issued, vary or revoke the direction.

        (4)         A person required to comply with a compliance direction may apply to the ERD Court for a review of the direction within 28 days after receiving the direction.

        (5)         Unless the Minister or the Court decides to the contrary, an application for review of a compliance direction does not suspend the operation of the direction.

        (6)         On review of a compliance direction, the ERD Court may—

            (a)         confirm the direction (with or without modification); or

            (b)         revoke the direction.

        (7)         A person to whom a compliance direction is issued must comply with the direction.

Maximum penalty: $250 000.

        (8)         If the requirements of a compliance direction are not complied with, the Minister may take any action required by the direction.

        (9)         Any action to be taken by the Minister under subsection (8) may be taken on the Minister's behalf by an authorised officer or by another person authorised by the Minister for the purpose.

        (10)         If a person other than an authorised officer is authorised to take action under subsection (9), the following provisions apply:

            (a)         the Minister must issue the person with an instrument of authority;

            (b)         the person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers under this section.

        (11)         The reasonable costs and expenses incurred by the Minister in taking action under subsection (8) may be recovered by the Minister as a debt from the person who failed to comply with the requirements of the compliance direction.