Mining Act 1971 (SA)

South Australia

Mining Act 1971

An Act to regulate and control mining operations; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Mining Act 1971.

1. (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—

1. (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

2. (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—

1. (a)

   the Supreme Court; or

2. (b)

   the ERD Court; or

3. (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—

1. (a)

   exploration operations; or

2. (b)

   mining operations; or

3. (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—

1. (a)

   a Saturday, Sunday or public holiday; or

2. (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—

1. (a)

   a trench digger or excavator; or

2. (ab)

   drilling equipment within a class prescribed by the regulations; or

3. (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

4. (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…