South Australia: Mining Act 1971 (SA)

South Australia Mining Act 1971 An Act to regulate and control mining operations; and for other purposes. Contents Part 1—Preliminary 1 Short title 6 Interpretation 7 Application of Act 8 Declaration of mineral land etc 8A Opal development areas 9 Exempt land 9AA Waiver of exemption (including cooling‑off) 9A Special declared areas 10 Mining in respect of public roads and places 10B Interaction with other legislation Part 2—Administration 11 The Minister and the Director to be corporations sole 12 Delegation 13 Mining registrars and other staff 14 Appointment of authorised officers 14A Identity cards 14B Authorised investigations 14C Powers of entry and inspection 14D Power to gather information 14E Production of records 14F Publication of results of investigation 14G Power to give expiation notices 14H Provisions relating to things seized 15 Power to conduct geological investigations etc Part 2A—Mining register and information Division 1—Mining register 15AA The register 15AB Dealings with mineral tenements Division 2—Mortgages 15AC Mortgages 15AD Application to court to challenge aspects of mortgages Division 3—Caveats 15AE Caveats 15AF Application to Warden's Court to lapse caveat or obtain compensation Division 4—Other dealings 15AG Other dealings Division 5—Protection from liability 15AH Protection from liability Division 6—Information 15AI Interpretation 15AJ Compilation, keeping and provision of material 15AK Tests 15AL Release of material Part 3—Reservation of minerals and royalty 16 Reservation of minerals 17 Royalty 17A Reduced royalty for new mines 17AB Royalty for private mines 17AC Notification of relevant event 17B Assessments by Treasurer 17C Recovery of royalty where appeal lodged 17CA Returns 17D When royalty falls due (general principles) 17DA Special principles relating to designated tenement holders 17E Penalty for unpaid royalty 17F Processed minerals 17G Means of payment 18 Passing of property in minerals Part 4—Prospecting for minerals 20 General right to prospect for minerals 21 Steps to establish a mineral claim 23 Area of claim 24 Registration of claim 24A Claim may lapse 25 Rights conferred by ownership of mineral claim 26 Mineral claim not transferable etc 27 Land not to be subject to successive mineral claims Part 5—Exploration licence 28 Preliminary 29 Nature of exploration licence 29A Application for exploration licence 29B Grant of exploration licence 30 Incidents of licence 30AAA Expenditure 30AA Area of licence 30A Term and renewals of licence 30AB Excise of land for public purposes 31 Fee 33A Minister may describe or delineate land in any manner 33B Retention status Part 6—Mining leases 34 Preliminary 35 Nature of mining lease 36 Application for mining lease 37 Approval of application and registration 38 Term and renewal of mining lease Part 7—Retention leases 42 Preliminary 43 Nature of retention lease 44 Application for retention lease 45 Approval of application and registration 46 Term and renewal of retention lease Part 8—Miscellaneous purposes licences 47 Preliminary 48 Nature of miscellaneous purposes licence 49 Application for miscellaneous purposes licence 50 Approval of application and registration 51 Term and renewal of miscellaneous purposes licence Part 8A—Special mining enterprises 56A Object of this Part 56B Special mining enterprises 56BA Concept phase 56BB Application phase 56C Power to exempt from or modify Act 56D Existing tenements Part 8B—Common provisions Division 1—Identifying areas and considering applications 56E Identification of areas 56F Related environmental legislation 56G Specially protected areas Division 2—Notice 56H Notice Division 3—Terms and conditions 56I Matters to be considered 56J Alteration of terms and conditions 56K Special term or condition relating to extractive minerals 56L Offence to contravene term or condition Division 4—Rental 56M Rental 56N Debt payable to Crown Division 5—Rectification of boundaries 56O Rectification of boundaries Division 6—Amalgamation of areas 56P Amalgamation of areas Division 7—Change in operations 56Q Preliminary 56R Application 56S Consultation 56T Consideration of proposal 56U Terms and conditions 56V Registration Division 8—Cancellation, suspension and surrender 56W Cancellation and suspension—action by Minister 56X Surrender on application Division 9—Extension of term or reinstatement of tenement 56Y Extension of term of tenement 56Z Reinstatement of tenement Division 10—Assessment reports 56ZA Assessment reports Part 9—Entry upon land, compensation and restoration 57 Entry on land 58 How entry on land may be authorised 58A Notice requirements 61 Compensation 62 Bond and security 62AA Mining Rehabilitation Fund 62A Right to require acquisition of land 63 Extractive Areas Rehabilitation Fund Part 9B—Native title land Division 1—Exploration 63F Qualification of rights conferred by exploration authority 63G Exploration rights to be held in escrow in certain circumstances Division 2—Production 63H Limits on grant of production tenement 63I Applications for production tenements Division 3—Application for declaration 63J Application for declaration Division 4—Negotiating procedure 63K Types of agreement authorising mining operations on native title land 63L Negotiation of agreements 63M Notification of parties affected 63N What happens when there are no registered native title parties with whom to negotiate 63O Expedited procedure where impact of operations is minimal 63P Negotiating procedure 63Q Agreement 63R Effect of registered agreement 63S Application for determination 63T Criteria for making determination 63U Limitation on powers of Court 63V Effect of determination 63W Ministerial power to overrule determinations 63X No re-opening of issues Division 5—Miscellaneous 63Y Non-application of this Part to Pitjantjatjara and Maralinga lands 63Z Compensation to be held on trust in certain cases 63ZA Non-monetary compensation 63ZB Review of compensation 63ZBA Mining Native Title Register 63ZC Saving of pre-1994 mining tenements Part 10—Warden's Court—general provisions 64 Establishment of Warden's Court 65 Powers etc of Warden's Court 66 Rules of Warden's Court 66A Removal of cases to ERD Court 67 Jurisdiction relating to tenements and monetary claims 70 Forfeiture and transfer of mineral tenement Part 10A—Operating approval—program for environment protection and rehabilitation 70A Object of Part 70B Preparation or application of program 70C Review of programs 70D Notice of certain programs 70DA Audit of program 70DB Publication of program 70DC Offences 70DD Development programs to be taken to be approved programs Part 10B—Compliance and enforcement 70E Power to direct persons to take action to prevent or minimise environmental harm 70F Power to direct rehabilitation of land 70FA Compliance directions 70FB Emergency directions 70FC Contravention of Act 70G Application for review of direction 70H Action if non‑compliance occurs 70HA Restriction of claims 70HB Self-incrimination Part 10C—Offences and penalties 70HC Penalty for illegal mining 70HD Obstruction of person authorised to mine etc 70HE Civil penalties 70HF Additional orders on conviction 70HG Continuing offences 70HH Offences by bodies corporate 70HI Time limits 70HJ Summary offences 70HK Evidentiary provisions Part 11—Assistance to mining 71 Minister may assist in conduct of operations 72 Research and investigations 73 Acquisition of mining equipment Part 11B—Private mines 73C Interpretation 73D Application of Act 73G Mine operations plans 73H General duty to avoid undue environmental damage 73I Compliance orders 73J Rectification orders 73K Rectification authorisations 73KA Emergency order 73KB Contravention of Act 73L Application for review of direction 73M Action if non‑compliance occurs 73N Revocation of private mine 73O Evidentiary provisions 73R Power to correct errors in declarations Part 12—Miscellaneous 74 Civil remedies 74AA Enforceable voluntary undertakings 74A Compliance orders 75 Provision relating to certain minerals 75A Avoidance of double compensation 78 Persons under 16 years of age 79 Minister may grant exemptions 79A False or misleading information 80 Conditions under which land may be simultaneously subject to more than 1 tenement 81 Additional provisions relating to liability 82 Deemed consent or agreement 83A Licence or other right is not personal property for the purposes of Commonwealth Act 85 Charge on property if debt due to Crown 86 Removal of machinery etc 88 Hindering authorised officers 89A Offences and ERD Court 89B Penalties and expiation fees payable into Mining Rehabilitation Fund 90 Reports and verification of information 91 Administrative penalties 92 Regulations Schedule—Transitional provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Mining Act 1971. 6—Interpretation (1) In this Act, unless the contrary intention appears— Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005; advanced exploration operations—see subsection (1a); ancillary operations means— (a) ancillary operations for the carrying on of any business that may be conducive to the effective conduct of mining operations or operations associated with providing amenities for persons engaged in the conduct of mining operations; or (b) operations which are brought within the ambit of this definition by a determination of the Minister or by the regulations, but does not include operations excluded from the ambit of this definition by a determination of the Minister or by the regulations; appropriate court means— (a) the Supreme Court; or (b) the ERD Court; or (c) if proceedings do not involve a monetary claim, or a claim for more than $250 000—the Warden's Court;1 authorised officer means a person who holds an appointment under section 14; authorised operations means— (a) exploration operations; or (b) mining operations; or (c) ancillary operations; baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) for the time being determined under section 7(2)(b) of the Seas and Submerged Lands Act 1973 of the Commonwealth; business day means any day except— (a) a Saturday, Sunday or public holiday; or (b) a day which falls between 25 December and 1 January in the following year; council has the same meaning as in the Local Government Act 1999 and includes a body corporate that is, by virtue of any Act, deemed to be, or vested with the powers of, a council; declared equipment means— (a) a trench digger or excavator; or (ab) drilling equipment within a class prescribed by the regulations; or (b) mechanically driven equipment, equipped with a blade or bucket of a width exceeding 750 mm, capable of ripping, gouging, scooping or digging earth or rock material; or (c) equipment that is capable of digging, boring or tunnelling underground, generally in a horizontal plane, with a cross sectional dimension greater than 750 mm; director of a company includes a person occupying or acting in the position of a director or member of the governing body of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act; the Director of Mines or the Director means the person assigned by the Minister to exercise the powers and discharge the duties of the officer so designated by this Act; environment—see subsection (4); ERD Court means the Environment, Resources and Development Court established under the Environment, Resources and Development Court Act 1993;2 exempt land means land that is exempt from authorised operations under section 9; exploration authority means— (b) a right to prospect for minerals under section 20; (c) a mineral claim; (d) an exploration licence; (e) a retention lease (but only if the mining operations to which the lease relates are limited to exploring); exploring or exploration operations means operations of any kind in the course of— (a) prospecting for minerals; or (b) exploring for minerals; or (c) establishing the extent of a mineral deposit; or (d) undertaking any other activity brought within the ambit of this definition by a determination of the Minister or by the regulations; or (e) providing for the rehabilitation of land on account of the impact of any operations under a preceding paragraph, including such operations carried out at a private mine, and being operations that are classified as low impact exploration operations or advanced exploration operations under subsection (1a), and to explore and exploratory have corresponding meanings; extractive minerals means sand, gravel, stone, shell, shale or clay, but does not include— (a) any such minerals that are mined for a prescribed purpose; or (b) fire clay, bentonite or kaolin; or (c) proppant sand; fossicking means the gathering of minerals— (a) as a recreation; and (b) without any intention to sell the minerals or to utilise them for a commercial or industrial purpose, but does not include the gathering of minerals by any means involving disturbance of land or water by machinery or explosives; low impact exploration operations—see subsection (1a); machinery means any device operated otherwise than by muscular force exerted by the operator; marine park has the same meaning as in the Marine Parks Act 2007; mine means any place in which mining operations are carried out; mineral land means any land that is mineral land in consequence of a declaration under this Act; mineral tenement means— (a) a claim, lease or licence under this Act; or (b) an entitlement under this Act with respect to a private mine, (and includes, if the context so requires, the place that constitutes such a claim, lease, licence or private mine); minerals means— (a) any naturally occurring deposit of metal or metalliferous ore, precious stones or any other mineral (including sand, proppant sand, gravel, stone, shell, coal, oil shale, shale and clay); or (b) any metal, metalliferous substance or mineral recoverable from the sea or a natural water supply; or (c) any metal, metalliferous ore or mineral that has been dumped or discarded— (i) in the course of mining operations or operations incidental to mining operations; or (ii) in other prescribed circumstances; but does not include— (d) soil or moss rocks; or (e) petroleum or any other substance, the recovery or production of which is governed by the Energy Resources Act 2000; mining or mining operations means— (a) operations carried out in the course of prospecting, exploring or mining for minerals; or (b) without limiting paragraph (a), any operations by which minerals are recovered from any place or situation, including by recovering minerals from the sea or a natural water supply; or (c) on‑site operations undertaken to make minerals recovered from the site a commercially viable product, other operations involving such minerals, or other operations involving minerals brought on to the site of a mine for processing; or (d) operations carried out at a private mine; or (da) operations which are brought within the ambit of this definition by a determination of the Minister or by the regulations; or (db) operations for the rehabilitation of land on account of the impact of any operations under a preceding paragraph, or on account of a mine closure; or (e) operations that are directly related to any operations under a preceding paragraph, but does not include— (f) an investigation or survey under section 15; or (g) fossicking; or (h) the surface removal of loose rock material disturbed by agricultural operations; mining register means the register kept by the Mining Registrar under section 15AA; a mining registrar means a person appointed as a mining registrar under section 13 and includes the Mining Registrar; the Mining Registrar means a person appointed as the Mining Registrar under section 13 and includes a person who is acting in the position of Mining Registrar; Mining Rehabilitation Fund or fund means the Mining Rehabilitation Fund established under section 62AA; Murray‑Darling Basin has the same meaning as in the Water Act 2007 of the Commonwealth; native title, native title holder and native title land—see Native Title (South Australia) Act 1994;3 native title mining determination means a determination authorising a tenement holder to enter land and carry out mining operations on the land under Part 9B; opal development area means an area within a precious stones field declared by the Minister under section 8A to be an opal development area; owner of land means— (a) a person who holds a registered estate or interest in the land conferring a right to immediate possession of the land; or (b) a person who holds native title in the land; or (c) a person who has, by statute, the care, control or management of the land; or (d) a person who is lawfully in occupation of the land; or (e) a person who holds a licence or permit under the Hydrogen and Renewable Energy Act 2023; precious stones has the same meaning as in the Opal Mining Act 1995; precious stones field means a precious stones field under the Opal Mining Act 1995; private mine means an area declared to be a private mine under section 19 as in force immediately before 1 September 2000; production tenement means— (b) a mining lease; (c) a retention lease (if the mining operations to which the lease relates are not limited to exploring); (d) an entitlement under this Act with respect to a private mine; proprietor, in relation to a private mine, means a person who was, on the commencement of this Act, divested of property in the minerals for the recovery of which the mine is operated, or a person lawfully claiming under that person; prospecting means operations of any kind in the course of exploring for minerals except such as involve the disturbance of land or water by machinery or explosives, and to prospect has a corresponding meaning; registered representative of native title holders—see Part 4 Native Title (South Australia) Act 1994; related body corporate, in relation to a particular entity (being a body corporate), is a body corporate that is related to the entity under section 50 of the Corporations Act 2001 of the Commonwealth; relevant Minister means— (a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or (c) in relation to a River Murray Protection Area or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed; the repealed Act means the Mining Act 1930 repealed by this Act; River Murray Protection Area means a River Murray Protection Area under the River Murray Act 2003; royalty assessment principles means the principles set out in section 17 that apply for the purposes of assessing royalty; senior warden means a warden nominated by the Attorney‑General to be the senior warden of the Warden's Court; specially protected area means— (a) the Adelaide Dolphin Sanctuary; or (b) a marine park; or (c) a River Murray Protection Area; subsurface stratum means a stratum resulting from the division of mineral land into strata under this Act, being a stratum that lies beneath a surface stratum; surface stratum means a stratum resulting from the division of mineral land into strata under this Act, being a stratum of which the upper surface is the surface of those lands; tenement holder, or holder in relation to a mineral tenement, means— (a) the registered holder of a mineral tenement; or (b) in relation to a private mine— (i) in Part 2A Divisions 1 to 5 (inclusive)—a proprietor of a private mine; or (ii) in any other case—a person carrying out mining operations in relation to a private mine, and includes— (c) a person who is prospecting for minerals under section 20; and (d) an executor, administrator or successor at law; warden means a magistrate nominated by the Attorney-General to exercise the jurisdiction and powers of a warden under this Act; the Warden's Court means the Warden's Court constituted under Part 10. (1a) For the purposes of this Act, exploration operations are classified— (a) as low impact exploration operations, being exploration operations— (i) which are not reasonably expected to have any significant adverse impact on the environment; or (ii) which will reduce the impact of such operations on the environment; or (iii) which are brought within the scope of low impact exploration operations by determination of the Minister or by the regulations, that do not fall within the scope of paragraph (b)(i) or (iii); or (b) as advanced exploration operations, being exploration operations— (i) which involve the use of declared equipment; or (ii) which fall outside the scope of paragraph (a)(i) or (iii); or (iii) which are brought within the scope of advanced exploration operations by determination of the Minister or by the regulations. (2) Where mineral land is divided into strata under this Act, a reference to land, or an area, shall, where appropriate, be construed as a reference to the surface stratum or a subsurface stratum, as the case may require. (3) An explanatory note to a provision of this Act forms part of the provision to which it relates. (4) Subject to subsections (5) and (6), environment includes— (a) land, air, water (including both surface and underground water and sea water), organisms, ecosystems, native fauna and other features or elements of the natural environment; and (b) buildings, structures and other forms of infrastructure, and cultural artefacts; and (c) existing or permissible land use; and (d) public health, safety or amenity; and (e) the geological heritage values of an area; and (f) the aesthetic or cultural values of an area. (5) In relation to a particular mineral tenement, paragraphs (c) and (e) of subsection (4) apply according to the circumstances existing at the time that the tenement is (or was) granted. (6) Subsection (4) does not apply to or in relation to Parts 9B or 11B. (7) A reference to a private mine in a definition in this section only has effect to the extent that the defined term is used in a provision of this Act that applies to or in relation to a private mine, or to a person carrying out operations in relation to a private mine, by virtue of the operation of section 73D. (8) Any determination of the Minister under this section— (a) must be published in the Gazette; and (b) may be varied or revoked by the Minister by a subsequent notice published in the Gazette. (9) A provision of this Act that requires a tenement holder (or prospective tenement holder)— (a) to obtain the agreement or consent of an owner of land; or (b) to give a notice to, or to serve a notice on, an owner of land, will, in relation to a person who is within the ambit of paragraph (c) or (d) of the definition of owner of land, apply— (c) to the extent that the tenement holder (or prospective tenement holder) is aware of such a person; or (d) to the extent that it is reasonable to expect the tenement holder (or prospective tenement holder) to be aware of such a person. Editorial Notes— 1 All native title questions arising in proceedings before the Warden's Court must be referred to the ERD Court—see Part 3 Native Title (South Australia) Act 1994. 2 The Environment, Resources and Development Court Act 1993 and the Native Title (South Australia) Act 1994 contain provisions under which the ERD Court may refer cases to the Supreme Court, or the Supreme Court may remove cases commenced before the ERD Court into the Supreme Court. 3 Part 5 of the Native Title (South Australia) Act 1994 sets out the method of service on native title holders. 7—Application of Act (1) Except as otherwise provided, this Act applies only in respect of mineral land. (2) The regulations may provide that a specified provision of this Act applies, or applies with prescribed modifications, to or in relation to land that is not mineral land. (2a) The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed modifications, to or in relation to mining operations for the recovery of extractive minerals that are authorised under another Act. (2b) Royalty is payable under this Act in respect of the recovery of extractive minerals under another Act, except where the provisions of the other Act provide that royalty is not payable under this Act. (3) Except where the operations are being carried out in an opal development area, this Act does not regulate authorised operations for the recovery of precious stones if those operations are carried out under the authority of a permit or tenement issued under the Opal Mining Act 1995. 8—Declaration of mineral land etc (1) The Governor may, by proclamation— (a) declare any land in the State or any land under coastal waters on the landward side of the baseline to be mineral land; or (ba) divide mineral land into a surface stratum and one or more subsurface strata and fix the depth of the surface stratum and the depth of any subsurface stratum below which lies any further subsurface stratum resulting from the division; or (c) reserve from the operation of this Act, or any provisions of this Act, any land specified in the proclamation, and the proclamation shall have effect according to its terms. (2) The Governor may, by subsequent proclamation, vary or revoke any proclamation made pursuant to this section. (3) The depth of strata into which mineral land is divided under this section may vary from place to place but, where the mineral land constitutes a precious stones field or part of a precious stones field, the depth of the surface stratum must be at least 50 metres. (4) Land that is subject to a mineral tenement but is on the seaward side of the baseline because of a change in the position of the baseline after the tenement was granted will be taken to be mineral land until it ceases to be subject to the tenement and to all successive tenements (if any). (5) This Act applies to and in relation to land referred to in subsection (4) to the exclusion of the Offshore Minerals Act 2000. (6) A mineral tenement is a successive tenement in relation to another tenement if— (a) it applies to the same land or to part of the land covered by the other tenement; and (b) it takes effect immediately after the other tenement expires or, where there are two or more successive tenements, immediately after the tenement immediately preceding it expires; and (c) it is granted to the person who held the other tenement. (7) A proclamation made before 29 June 1972 cannot limit or affect, and will be taken not to have limited or affected, the exercise of the power to make a proclamation under this section on or after that date, and to the extent to which there is an inconsistency between a proclamation made on or after that date and a proclamation made before that date (including, in relation to the earlier proclamation, a proclamation that reserved specific land from the operation of the repealed Act), the later proclamation will prevail. 8A—Opal development areas (1) The Minister may, by notice in the Gazette, declare mineral land within a precious stones field to be an opal development area for the purposes of this Act, and the declaration will have effect according to its terms. (2) A person must not carry out authorised operations in an opal development area except under the authority of an exploration licence or mining lease under this Act. (3) The Minister may, by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1). 9—Exempt land (1) Subject to this section— (a) land that is lawfully and genuinely used— (i) as a yard or garden; (ia) as a cultivated field, plantation, orchard or vineyard; (ii) as an airfield, railway or tramway; (iii) as the grounds of a church, chapel, school, hospital or institution; or (b) land that constitutes any parklands or recreation grounds under the control of a council; or (ba) land— (i) that is dedicated or reserved, pursuant to statute, for the purpose of waterworks; or (ii) that is vested in the Minister of Public Works for the purpose of waterworks; or (iii) that is comprised within an easement in favour of the Minister of Public Works; or (bb) land that constitutes a forest reserve under the Forestry Act 1950; or (c) any separate parcel of land of less than 2 000 square metres within any city, town or township; or (ca) land that is situated within a distance prescribed by the regulations for the purposes of this paragraph from infrastructure (other than infrastructure of a prescribed kind) that is being constructed, installed, operated, maintained or decommissioned pursuant to the Hydrogen and Renewable Energy Act 2023; or (d) land that is situated— (i) within the prescribed distance of a building or structure used as a place of residence (except a building or structure of a class excluded by regulation from the ambit of this paragraph); or (ii) within 150 metres of— (A) a building or structure, with a value equal to or exceeding the prescribed amount, used for an industrial or commercial purpose; or (B) a spring, well, reservoir or dam, (but not if it is an improvement made for the purposes of authorised operations), will be exempt from authorised operations in pursuance of this Act and, unless the benefit of the exemption is waived under section 9AA, no claim, lease or licence will authorise authorised operations on such land (but this section does not restrict prospecting under section 20 or establishing a claim on such land or the issue of a mineral tenement (subject to gaining access under this Act)). (2) Where any land is subject to a claim, lease or licence under this Act and that land would, but for this subsection, be land exempt from authorised operations in pursuance of this Act by reason only of a fact or circumstance occurring or arising subsequent to establishing a claim or an application for a lease or licence, that land shall not be exempt from operations in pursuance of this Act. (3b) The following persons will, for the purposes of this Act, be regarded as having the benefit of an exemption under this section (and subject to an order of a court under section 9AA, each person who has the benefit of an exemption must be a party to an agreement to waive the benefit before the land can cease to be exempt land): (a) the owner of the exempt land; (b) in the case of land that is exempt from authorised operations under subsection (1)(d) by reason of its proximity to other land on which a building, structure, spring, well, reservoir or dam is situated—the owner of that other land. (4) This section does not affect any provision of the Pastoral Land Management and Conservation Act 1989 prohibiting or restricting the conduct of authorised operations on lands subject to that Act. (5) In this section— Minister of Public Works means the Minister to whom the administration of the Water Industry Act 2012 is committed; prescribed amount means— (a) $2 500; or (b) if a greater amount is prescribed by regulation for the purposes of this definition—that amount; prescribed distance means— (a) in relation to low impact exploration operations—200 metres; and (b) in relation to advanced exploration operations or any operations for the recovery of extractive minerals—400 metres; and (c) in relation to any other authorised operations— (i) a distance prescribed by the regulations (which may make different provision according to the circumstances or thing to which it is expressed to apply); or (ii) if no distance is prescribed under subparagraph (i)—600 metres. 9AA—Waiver of exemption (including cooling‑off) (1) A tenement holder may, by written notice given to an owner of land who has the benefit of an exemption under section 9, request the owner to enter into an agreement with the tenement holder to waive the benefit of the exemption. (1a) If a mineral claim is registered or an application is made for a production tenement or miscellaneous purposes licence, an owner of land who has the benefit of an exemption under section 9 in respect of the land to which the claim or application relates may, by written notice given to the tenement holder, advise the tenement holder of the owner's position in relation to the waiver of the benefit of the exemption, and the conditions (if any) on which the owner may agree to waive the benefit of the exemption. (2) A notice under subsection (1) or (1a) must be in a form determined or approved by the Minister. (3) An agreement to waive the benefit of an exemption— (a) must be in writing; and (ab) may be made on such terms and conditions as the parties think fit; and (b) takes effect on the expiry of the cooling‑off period (unless earlier rescinded). (4) An owner of land who has entered into an agreement with a tenement holder to waive the benefit of an exemption may, by giving the tenement holder written notice before the expiration of the cooling‑off period of the owner's intention not to be bound by the agreement, rescind the agreement. (6) If in legal proceedings the question arises whether a notice rescinding an agreement has been given in accordance with this section, the onus of proving the giving of the notice lies on the owner of land rescinding the agreement. (7) If a tenement holder has been unable to reach an agreement to waive the benefit of an exemption with an owner of land, the tenement holder may apply to the appropriate court for an order waiving the benefit of the exemption for the owner. (8) The court may refuse to determine an application by a tenement holder under subsection (7) unless the tenement holder satisfies the court that— (a) a notice has been given under subsection (1) or (1a); and (b) the tenement holder provided the owner of land with information prescribed by the regulations for the purposes of this section; and (c) — (i) in the case of a notice given to the owner of land under subsection (1)—the tenement holder has made a reasonable attempt to reach agreement with the owner of land (whether before or after notice requesting the owner to enter into an agreement was given to the owner); or (ii) in the case of a notice given to the tenement holder under subsection (1a)—the tenement holder has made a reasonable attempt, having regard to the matters set out in the notice, to negotiate with the owner of land. (8a) If an application is made for a production tenement or a miscellaneous purposes licence and the relevant consultation period in relation to the application has ended, an owner of land who— (a) has the benefit of an exemption under section 9 in respect of the land to which the application relates; and (b) has given notice to the tenement holder under subsection (1a), may apply to the appropriate court for orders under subsection (9). (9) On an application under this section, the court may make 1 or both of the following orders: (a) an order confirming that the owner of land is entitled to the benefit of an exemption under section 9; (b) if the tenement holder or owner of land satisfies the court that any adverse effects of the proposed authorised operations on the owner of land can be appropriately addressed by the imposition of conditions on the tenement holder (including the payment of compensation to the owner)—an order waiving the benefit of the exemption and imposing such conditions on a party to the proceedings as the court thinks fit (including a condition requiring the payment of compensation to the owner of land). (10) The court may not make an order for costs against the owner of land unless the court considers that it is appropriate to do so on the ground that the owner— (a) has obstructed or unnecessarily delayed the proceedings; or (b) has failed to attend any proceedings or failed to comply with a rule, order or direction of the court. (11) If an agreement or order to waive the benefit of an exemption takes effect under this section in respect of exempt land, the land ceases to be exempt land, but the exemption revives on completion of the authorised operations in respect of which the agreement or order was made or at such earlier time as may be stipulated in that agreement or order. (12) An agreement or order to waive the benefit of an exemption under this section is binding on— (a) successors in title to those owners of land who had the benefit of the former exemption; and (b) the holders from time to time of any mineral tenement under which authorised operations (being authorised operations in respect of which the agreement or order was made) are carried out. (13) Subsections (11) and (12) apply to an agreement to waive an exemption under section 9 entered into before the designated day as if it were an agreement to waive the benefit of an exemption under this section. (14) A tenement holder is liable to indemnify an owner of land— (a) to whom the tenement holder gives a notice under subsection (1); or (b) who gives the tenement holder a notice under subsection (1a); or (c) who makes application for orders to the appropriate court under subsection (8a) in connection with an application made for a production tenement or a miscellaneous purposes licence made by the tenement holder, for the reasonable costs of obtaining legal assistance relating to the operation of this section up to $2 500 or, if some other amount is prescribed by regulation, that amount. (14a) An application under this section may be made to the Supreme Court only with the permission of the Court. (14b) If an agreement is entered into under this section, the tenement holder must give notice of the agreement to the Mining Registrar for registration on the mining register. (14c) Nothing in this section derogates from the jurisdiction of the Warden's Court under section 67 to determine whether or not land is exempted from authorised operations under section 9. (15) In this section— business day means a day other than a Saturday, Sunday or public holiday; cooling‑off period, in relation to an agreement with a tenement holder to waive the benefit of an exemption, means the period commencing when the agreement is made and concluding at the end of the fifth clear business day after the day on which the agreement is made; designated day means a day declared by proclamation to be the designated day for the purposes of this definition; relevant consultation period means the period for public consultation in relation to an application for a mineral tenement under section 56H(3). 9A—Special declared areas (1) The Minister may, by notice in the Gazette, declare any land to be exempt from— (a) mining; or (b) a specified class of mining; or (c) a specified provision of this Act; or (d) this Act, other than any specified provision excluded from the operation of this section by the regulations, and the notice will (subject to this section) have effect according to its terms. (2) The Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter (including an outline of the reasons for the declaration and the expected impact of the declaration) and cause copies of the report to be laid before both Houses of Parliament. (3) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1). (4) A notice under subsection (1) will not have effect— (a) in relation to a mineral tenement in force at the time that the notice takes effect; or (b) so as to prevent a person applying for (and being granted) a subsequent tenement on account of a right arising under a mineral tenement in force at the time that the notice takes effect; or (c) so as to prevent a person establishing a mineral claim (identified in any manner allowed or approved under this Act) after the notice takes effect on account of a right to carry out exploratory operations under an exploration licence in force at the time the notice takes effect, or under a subsequent tenement under paragraph (b), where the tenement holder has reported to the Director of Mines the discovery on the relevant land of minerals that are potentially capable of economic production (including so as to allow a person to apply for (and being granted) a mineral tenement on account of the establishment of the mineral claim), but otherwise a person does not have a right to apply for a mineral tenement in respect of land subject to the operation of the declaration unless specifically authorised to do so by the Minister (either under the terms of the notice under subsection (1) or under a specific authorisation granted by the Minister in connection with the operation of this section). (5) While land is subject to the operation of a declaration under subsection (1), the land, to the extent of the exemption, may be dealt with by the Minister in accordance with this section and to that extent is not subject to the other provisions of this Act. (6) Without limiting subsection (5), the Minister may, while land is exempt under this section— (a) call for applications for the grant of such mineral tenements as the Minister determines in respect of the land or any part of the land; (b) determine any matter relating to the status or priority of any claim over the land (and, as a result of any such determination, require the removal of any pegs, cancel the operation of any claim, determine not to process any application, or take such other action as the Minister thinks fit); (c) provide for the management of the land, or any mining right or interest (or potential right or interest) in respect of the land, in such other manner as the Minister thinks fit. (7) If the Minister calls for applications under subsection (6)(a)— (a) a person applying to the Minister in response to the call must do so in such manner as the Minister may require; and (b) the Minister may, on reviewing any application received in response to the call— (i) grant a mineral tenement under this Act, subject to such terms and conditions as the Minister thinks fit; or (ii) refuse the application. (8) A declaration under subsection (1) has effect until it is revoked under subsection (3) or until it expires under subsection (9), whichever first occurs. (9) A declaration under subsection (1) will expire at the end of the period of 2 years from its date of operation unless it is extended for a period or periods, not exceeding 2 years at a time, by further notice published by the Minister in the Gazette. (10) The Minister must cause copies of a notice of extension published under subsection (9) to be laid before both Houses of Parliament. (11) If either House of Parliament passes a resolution disallowing a notice laid before it under subsection (10) then the declaration under subsection (1) will immediately cease to have effect. (12) A resolution is not effective for the purposes of subsection (11) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice under subsection (9) was laid before the House. (13) Where a resolution is passed under subsection (11), notice of that resolution must forthwith be published in the Gazette. 10—Mining in respect of public roads and places Subject to the appropriate regulations for preventing undue interference with public use, the rights conferred by this Act may be exercised in respect of any public road, reserve or place. 10B—Interaction with other legislation The Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant: (a) the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; (b) the objects of the Marine Parks Act 2007; (c) the objects of the Landscape South Australia Act 2019; (d) the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; (e) the code of management of wilderness protection areas and wilderness protection zones under the Wilderness Protection Act 1992. Part 2—Administration 11—The Minister and the Director to be corporations sole The Minister and the Director of Mines shall each be a corporation sole. 12—Delegation (1) The Minister may delegate any power or function vested in or conferred on the Minister— (a) under this Act; or (b) under any other Act prescribed by the regulations for the purposes of this subsection. (1a) The Treasurer may delegate any power or function vested in or conferred on the Treasurer under this Act. (2) The Director of Mines may delegate any power or function vested in or conferred on the Director of Mines— (a) under this Act; or (b) under any other Act. (2a) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation). (3) A delegation under this section— (a) may be absolute or conditional; and (b) may be made— (i) to a specified person or body; or (ii) to a person for the time being holding or acting in a specified office or position; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. (4) In any legal proceedings an apparently genuine certificate, purportedly signed by the Minister or the Director, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 13—Mining registrars and other staff (1) There is to be a Mining Registrar and other mining registrars. (2) The Mining Registrar and the mining registrars are to be Public Service employees. (3) The Mining Registrar may delegate a power or function of the Mining Registrar to another mining registrar. (3a) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation). (4) A delegation under this section— (a) may be absolute or conditional; and (b) may be made— (i) to a specified person; or (ii) to a person for the time being holding or acting in a specified office or position; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will by the delegator. (5) A mining registrar may be assigned to act as the Mining Registrar— (a) during a vacancy in the office of Mining Registrar; or (b) when the Mining Registrar is absent from, or unable to discharge, official duties. 14—Appointment of authorised officers (1) The Minister may, by instrument in writing, appoint a Public Service employee to be an authorised officer under this Act. (2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit. (3) The Minister may vary or revoke an appointment at any time. 14A—Identity cards (1) The Minister must issue to each authorised officer an identity card— (a) stating the name of the authorised officer; and (b) containing a photograph of the authorised officer; and (c) stating that the person whose name and photograph appear on the card is an authorised officer for this Act. (2) If an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must produce the identity card for inspection on request. 14B—Authorised investigations An investigation by an authorised officer is an authorised investigation if the purpose of the investigation is— (a) to monitor compliance with this Act; or (b) to gather information about a suspected offence against this Act; or (c) to gather information about personal injury or loss of property related to authorised operations; or (d) to gather information about the actual or potential environmental impact of actual or potential authorised operations; or (e) to gather other information relevant to the administration or enforcement of this Act; or (f) to undertake any inquiry relevant to the administration or enforcement of this Act; or (g) without limiting a preceding paragraph, to inspect any authorised operations which are creating, or are likely to create, a nuisance, or are damaging, or are likely to damage, property. 14C—Powers of entry and inspection (1) For the purpose of carrying out an authorised investigation, an authorised officer may— (a) enter, search, inspect and examine any premises, land or vehicle that has been or is intended to be, used for, or in connection with, any operations or activity regulated by this Act and, where necessary for the purpose, break into or open a part of, or anything in, the premises, land or vehicle; or (b) inspect or examine anything; or (c) take photographs, films or videos; or (d) carry out tests on mines, facilities and equipment; or (e) take and remove samples; or (f) seize and retain any thing that may be evidence of non‑compliance with this Act. (2) A person must not, without reasonable excuse, obstruct an authorised officer in the exercise of powers under this section. Maximum penalty: $10 000 or imprisonment for 6 months. (3) A person involved in the operation of a mine must give an authorised officer such assistance as is reasonably required for the effective exercise of a power conferred by this section. Maximum penalty: $10 000 or imprisonment for 6 months. (4) An authorised officer may only exercise a power under subsection (1)(a) in respect of premises on the authority of a warrant issued by a magistrate (including as a warden) or justice. (5) A warrant may not be issued unless the magistrate, warden or justice (as the case may be) is satisfied that the warrant is reasonably required in the circumstances. (6) An application for the issue of a warrant— (a) may be made either personally or by telephone; and (b) must be made in accordance with any procedures prescribed by the regulations. 14D—Power to gather information (1) An authorised officer may require a person who may be in a position to provide information relevant to any matter subject to an authorised investigation— (a) to answer a question relevant to the investigation; or (b) to take reasonable steps to obtain information relevant to the investigation and to pass it on to the authorised officer. (2) A person required to answer a question under subsection (1) must answer the question to the best of the person's knowledge, information and belief. Maximum penalty: $10 000 or imprisonment for 6 months. (3) A person of whom a requirement is made under subsection (1)(b) must comply with the requirement. Maximum penalty: $10 000 or imprisonment for 6 months. (4) A natural person is not required to answer a question or to provide information under this section if the answer to the question or the information would tend to incriminate the person of an offence and the person objects to answering the question or providing the information on that ground. (5) An authorised officer may require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity. (6) A person of whom a requirement is made under subsection (5) must comply with the requirement. Maximum penalty: $5 000. 14E—Production of records (1) This section applies to records relating to authorised operations. (2) A person who has possession or control of a record to which this section applies must, at the request of an authorised officer— (a) produce the record for inspection by the authorised officer; and (b) answer any questions that the authorised officer reasonably asks about the record. Maximum penalty: $10 000 or imprisonment for 6 months. (3) An authorised officer may— (a) retain records produced under this section for the purpose of making copies of them; or (b) if the authorised officer suspects that the records may be evidence of noncompliance with this Act, seize and retain records produced under this section. (4) In this section— record includes any document or other form of material. 14F—Publication of results of investigation (1) The Minister may publish a report setting out the results of an authorised investigation. (2) A report published under this section is protected by absolute privilege. 14G—Power to give expiation notices An authorised officer is authorised to give expiation notices for alleged offences which are expiable under this Act. 14H—Provisions relating to things seized (1) If a thing is seized under this Part, the following provisions apply: (a) the thing seized must be held pending proceedings for an offence against this Act relating to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized or a person who had legal title to it at the time of seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii)); (b) if proceedings for an offence against this Act related to the thing seized are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence, the court must consider the question of forfeiture and— (i) order that it be forfeited to the Crown; or (ii) if it has been released under paragraph (a), order that it be forfeited to the Crown or order that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit; or (iii) make no order for forfeiture; (c) if proceedings for an offence against this Act related to the thing seized— (i) are not commenced within the prescribed period after its seizure; or (ii) are commenced within the prescribed period after its seizure and the defendant is found not guilty of the offence; or (iii) are commenced within the prescribed period after its seizure and the defendant is found guilty of the offence but no order for forfeiture is made under paragraph (b), the person from whom the thing was seized or a person who had legal title to it at the time of its seizure is entitled to recover, by action in a court of competent jurisdiction, the thing itself or, if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure. (2) In this section— prescribed period means 12 months or such longer period as the court may, on application by the Minister, allow. 15—Power to conduct geological investigations etc (1) For the purpose of making any geological, geophysical or geochemical investigation or survey, the Minister or the Director of Mines, or any person authorised in writing by the Minister or the Director, may— (a) enter and remain upon any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and (b) conduct such an investigation or survey on the land; and (c) take, and remove from the land, any geological specimens or samples. (2) A person exercising a power under this section— (a) must not recover from any land more minerals than are reasonably necessary for the purpose of making the relevant investigation or survey; and (b) must not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land. (3) A person who interferes with or obstructs any person in the exercise of any power conferred by this section shall be guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. (4) The Minister may publish, in such manner as he thinks fit, the results of an investigation or survey under this section. (5) At least 14 days before the Minister or the Director of Mines, or any authorised person, undertakes an investigation or survey under this section, the Minister may publish in the Gazette a notice— (a) describing the area of land in which the investigation or survey will be undertaken; and (b) setting out a completion date in respect of the investigation or survey. (6) The Minister may extend the completion date from time to time by publishing a further notice in the Gazette. (7) If a notice is published under subsection (5), the Minister may refuse to receive and consider an application for a mineral tenement in respect of the land described in the notice until the completion date set out in the notice. Part 2A—Mining register and information Division 1—Mining register 15AA—The register (1) The Mining Registrar will keep a register (the mining register). (2) The register will be a register of— (a) any mineral tenement granted under this Act; and (b) the terms and conditions of any mineral tenement granted under this Act; and (c) instruments of transfer with respect to any mineral tenement registered under this Act; and (d) any mortgage registered under Division 2; and (e) any caveat registered under Division 3; and (f) instruments, agreements, determinations and dealings required to be registered under any other provision of this Act; and (g) determinations and dealings required to be lodged with the Mining Registrar under any other provision of this Act (or which have effect on registration under this Act); and (h) the commencement and completion of proceedings before the Warden's Court under this Act; and (i) decisions, determinations and orders of the Warden's Court under this Act; and (j) anything registered under Division 4; and (k) any cancellation, suspension or surrender relating to a mineral tenement under this Act; and (l) any other interest, instrument, approval, agreement, determination, statement, notice, order, direction, bond, penalty or other document or dealing required to be registered by or under the regulations. (3) The register will also contain such information as the Mining Registrar thinks fit. (4) The register will be kept in such forms as the Mining Registrar thinks fit (including in an electronic form). (5) The Mining Registrar may establish requirements as to— (a) the form of any instrument or document that is to be registered on the register; and (b) the use of electronic files, including as to their formats; and (c) the provision and certification of any instrument, document or information, or as to any other matter; and (d) the recording, management, preservation, storage, archiving and (if appropriate) disposals of any instrument, document or material. (6) Without limiting any other provision, the Mining Registrar may amend the register— (a) in order to ensure that the register is kept up to date; or (b) in order to ensure that the register meets standards determined to be appropriate by the Mining Registrar. (7) The Mining Registrar may delay the registration of any instrument, document or dealing for such period as the Mining Registrar considers appropriate in a particular case. (8) The Registrar who is responsible for the Warden's Court registry must, after consultation with the Mining Registrar, ensure that there is a scheme in place to ensure that information relating to the proceedings, decisions, determinations and orders of the Warden's Court that are relevant to the operation of the register is provided to the Mining Registrar for the purposes of this section. (9) A tenement holder or other person who is required— (a) to serve a notice on the Mining Registrar; or (b) to provide or give a notice to the Mining Registrar; or (c) to provide or give an agreement to the Mining Registrar, must not fail to comply with that requirement— (d) in accordance with any relevant provision of this Act; or (e) in accordance with the regulations; or (f) to the extent that paragraph (d) or (e) does not apply—within a reasonable time. Maximum penalty: $5 000. (10) Subsection (9) does not apply to— (a) the Minister; or (b) the Registrar who is responsible for the Warden's Court registry; or (c) a person prescribed by the regulations for the purposes of this subsection. 15AB—Dealings with mineral tenements (1) This section does not apply to or in relation to an interest if the interest is not a legal or proprietary interest in a mineral tenement. (2) A mineral tenement, or an interest in a mineral tenement, must not be transferred, assigned, sublet or be held subject to a trust, whether directly or indirectly, without the consent of the Minister. (3) A dealing to which subsection (2) applies has no effect unless or until it is— (a) consented to by the Minister; and (b) registered on the register under this Part. (4) An application for the consent of the Minister under this section— (a) must be made in a manner and form determined by the Minister after consultation with the Mining Registrar; and (b) must be accompanied by the prescribed fee. (5) The Minister may, in connection with an application for consent, require the parties to furnish the Minister with any information specified by the Minister. (6) An application for the registration of an instrument giving effect to or recording a dealing under this section must be made in a manner and form determined by the Mining Registrar. Division 2—Mortgages 15AC—Mortgages (1) In this section— mortgage includes any form of charge. (2) A party to a mortgage over a mineral tenement may apply to the Mining Registrar to have the mortgage registered under this section. (3) An application for the registration of a mortgage— (a) must be made in a manner and form determined by the Mining Registrar; and (b) must be accompanied by the prescribed fee. (4) The Mining Registrar may, in connection with an application for registration, require the applicant to furnish the Mining Registrar with any information specified by the Mining Registrar. (5) A mortgage may be created with respect to a particular interest of a tenement holder in the mineral tenement (being an interest that may be constituted as a share in a mineral tenement (including a share expressed as a percentage), or an interest as a tenant in common, or any other interest recognised at law). (6) The registration of a mortgage under this Part— (a) does not give the mortgage (or the interest secured by the mortgage) priority over other interests; and (b) does not confer any additional status with respect to a power of enforcement. (7) However, if a mortgage is registered in relation to a mineral tenement with the consent of the tenement holder (or tenement holders), the Mining Registrar must not proceed to register a transfer of the mineral tenement, or an interest in the mineral tenement, under Division 1 after the registration of the mortgage unless— (a) the instrument giving effect to the transfer was received by the Mining Registrar before the registration of the mortgage; or (b) the transfer is expressed to be subject to the mortgage; or (c) the mortgagee (or mortgagees) consent to the registration of the transfer; or (d) the transfer is required by an order of a court or tribunal constituted by law; or (e) the mortgage is discharged before the registration of the transfer; or (f) the Mining Registrar is acting in any circumstance prescribed by the regulations. (8) Furthermore, if a mortgage is registered in relation to a mineral tenement with the consent of the tenement holder (or tenement holders), the mineral tenement may not be surrendered under this Act unless— (a) the mortgagee (or mortgagees) consent to the surrender; or (b) the mortgage is discharged before the surrender; or (c) the surrender is by operation of section 30AAA, 30A or 33B; or (d) the surrender is happening in any circumstance prescribed by the regulations. (9) A mortgage registered under this section may be discharged in accordance with procedures determined by the Mining Registrar. (10) A discharge under subsection (9) may only be made— (a) on application made by the mortgagee; or (b) on application made with the consent of the mortgagee. (11) The Mining Registrar must discharge, or partially discha