South Australian Consolidated Acts South Australian Consolidated Acts79A—Avoidance of duplication of procedures etc
(1) The purpose of
this section is to provide for the avoidance of unnecessary duplication of
procedures and compliance requirements under the Commonwealth Act and this Act
where an activity requires authorisation under this Act and approval under the
Commonwealth Act.
(2) Despite any other
provision of this Act, the Minister or the Director of Mines may—
(a)
accept a Commonwealth Act document as an application, notice or other document
for the purposes of this Act if (subject to subsection (5)) the document
complies with the requirements of this Act; and
(b)
direct that a procedure taken under the Commonwealth Act in relation to a
Commonwealth Act document that has been accepted by the Minister or Director
under paragraph (a) will be taken to have fulfilled the requirement for a
procedure in relation to the relevant document under this Act if the
requirements of this Act in relation to the procedure have been complied with;
and
(c)
instead of himself or herself, or some other person, preparing a plan, report,
statement, assessment or other document under this Act, adopt or accept the
whole or part of a document (whether a plan, report, statement, assessment or
other document of the same kind or not) used, or to be used, for the purposes
of the Commonwealth Act as the document required under this Act if (subject to
subsection (5)) the document has been prepared in compliance with this
Act and complies with the requirements of this Act.
(3) To avoid doubt,
where a controlled action under the Commonwealth Act is an activity or part of
an activity, or includes an activity, for which authorisation is required
under this Act, the Minister or Director may, when considering an application
for a mining tenement or other authorisation for the activity, use information
and other material provided to the Commonwealth Minister under the
Commonwealth Act for the purpose of deciding whether to give his or her
approval to the controlled action under that Act.
(4) Where a controlled
action under the Commonwealth Act is an activity or part of an activity, or
includes an activity, for which authorisation is required under this Act, the
Minister or Director—
(a)
must, if the Commonwealth Minister has given his or her approval to the
controlled action, consider whether the conditions (if any) to be attached by
the Minister or Director to the mining tenement or other authorisation should
be consistent with the conditions (if any) attached to the Commonwealth
Minister's approval under the Commonwealth Act;
(b) may
attach a condition to the mining tenement or other authorisation that requires
compliance with all or some of the conditions attached to the Commonwealth
Minister's approval under the Commonwealth Act.
(5) A document
accepted or adopted under subsection (2)—
(a) may
be in a form that does not comply with the requirements of this Act; and
(b) may
include information or other material that is irrelevant for the purposes of
this Act.
(6) Once a document is
accepted or adopted under subsection (2) or a direction has been given in
relation to a procedure under subsection (2)(b), the document or
procedure will not be invalid or ineffective for the purposes of this Act
because a court, tribunal or other authority has decided that it is invalid or
ineffective for the purposes of the Commonwealth Act.
(7) In this
section—
"assessment report" means—
(a) an
assessment report as defined in the Commonwealth Act by reference to section
84(3), 95, 100 or 105 of that Act; or
(b) a
report under section 121 of the Commonwealth Act;
"Commonwealth Act" means the Environment Protection and Biodiversity
Conservation Act 1999 of the Commonwealth;
"Commonwealth Act document" means—
(a) a
referral under section 68, 69 or 71 of the Commonwealth Act; or
(b)
information given by a person to the Minister under the Commonwealth Act under
section 86 of that Act; or
(c)
information and invitation published by a proponent under section 93 of the
Commonwealth Act; or
(d)
guidelines prepared under section 97 or 102 of the Commonwealth Act; or
(e) a
draft report prepared under section 98 of the Commonwealth Act; or
(f) a
finalised report prepared under section 99 of the Commonwealth Act; or
(g) a
draft statement prepared under section 103 of the Commonwealth Act; or
(h) a
finalised statement prepared under section 104 of the Commonwealth Act; or
(i)
an assessment report.