Mining Act 1971 (SA) - Legislation

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:

Part 1Preliminary1Short title

This Act may be cited as the Mining Act 1971.

6Interpretation

(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—
1All 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.
2The 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.
3Part 5 of the Native Title (South Australia) Act 1994 sets out the method of service on native title holders.

7Application 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.

8Declaration 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.

8AOpal 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).

9Exempt 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.

9AAWaiver 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).

9ASpecial 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.

10Mining 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.

10BInteraction 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 2Administration

11The Minister and the Director to be corporations sole

The Minister and the Director of Mines shall each be a corporation sole.

12Delegation

(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.

13Mining 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.

14Appointment 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.

14AIdentity 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.

14BAuthorised 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.

14CPowers 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.

14DPower 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.

14EProduction 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.

14FPublication 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.

14GPower to give expiation notices

An authorised officer is authorised to give expiation notices for alleged offences which are expiable under this Act.

14HProvisions 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.

15Power 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 2AMining register and informationDivision 1Mining register15AAThe 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.

15ABDealings 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 2Mortgages15ACMortgages

(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 discharge, a mortgage if the discharge is required by an order of a court or tribunal constituted by law.
(12)
An application for the discharge of a mortgage—
(a)
must be in a form determined by the Mining Registrar; and
(b)
must be accompanied by the prescribed fee.

15ADApplication to court to challenge aspects of mortgages

(1)
A person who—
1. (a)
  has an interest in a mineral tenement subject to a mortgage registered under this Division; or
2. (b)
  has an interest that is directly affected by a mortgage registered under this Division,

may apply to the appropriate court under this section.

(2)
An application may be made for 1 or more of the following:
1. (a)
  a declaration that a registered mortgage is defective, invalid or unenforceable, on a ground specified in the application;
2. (b)
  an order that a transfer of a mineral tenement, or of an interest in a mineral tenement, be registered despite the mortgage;
3. (c)
  an order that a registered mortgage be discharged or partially discharged;
4. (d)
  an order that the mortgagee (or purported mortgagee) pay compensation for any loss or damage suffered because of the registration of a mortgage under this Division, or an amount for or towards any such loss or damage.
(3)
Any compensation payable under an order under subsection (2)(d) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction.
(4)
This section does not limit any other jurisdiction or power of a court.

Division 3Caveats15AECaveats

(1)
A person (a caveator) who has, or who is claiming, an interest in a mineral tenement may apply to the Mining Registrar to have a caveat registered under this Division.
(2)
An application for the registration of a caveat must be in a form determined by the Mining Registrar.
(3)
A caveat under subsection (1) may—
(a)
forbid the registration of any transfer, mortgage or voluntary surrender affecting a specified interest in the mineral tenement (an absolute caveat); or
(b)
forbid the registration of any transfer, mortgage or voluntary surrender affecting the mineral tenement unless the transfer, mortgage or surrender (as the case may be) expressly states that it is to be subject to the interest claimed by the caveator (a claim caveat).
(4)
However, if a caveat is being registered without the express consent of the tenement holder for the mineral tenement to which the caveat relates—
(a)
if the caveator is a person who has entered into an agreement with, or is a party to an agreement with, the tenement holder—
(i)
the agreement must relate to—
(A)
the sale or transfer (or both) of the tenement holder's interest in the relevant mineral tenement; or
(B)
any other matter connected with the tenement holder's interest in the relevant mineral tenement; and
(ii)
the agreement must provide for the registration of a caveat under this Division; and
(iii)
a copy of the agreement must accompany the application under subsection (2); or
(b)
in any other case—the caveator must provide such information as the Mining Registrar may require regarding the nature of the interest.
(5)
A caveat may—
(a)
set out a date of expiry (if any); or
(b)
set out that the caveat will expire—
(i)
on a specified transfer or mortgage of an interest in the mineral tenement; or
(ii)
at the end of a specified period.
(6)
In connection with the preceding subsections, an application for the registration of a caveat—
(a)
must be accompanied by—
(i)
the prescribed fee; and
(ii)
such other documents or information as the Mining Registrar may require; and
(b)
if the caveat is being registered without the express consent of the tenement holder for the mineral tenement to which the caveat relates—must include a statutory declaration as to the truthfulness and accuracy of any matter specified by the caveator in the application.
(7)
The Mining Registrar does not have, on the receipt of an application to register a caveat, any duty to determine whether or not—
(a)
the caveat relates to a valid caveatable interest; or
(b)
a caveatable interest has been sufficiently described; or
(c)
there is sufficient evidence to support the caveat; or
(d)
any matter specified in the application is true and accurate.
(8)
The registration of a caveat does not warrant the validity of any interest claimed in the caveat.
(9)
On the registration of a caveat under this section, a notice of the registration of the caveat must be sent by the Mining Registrar to any tenement holder whose interests are affected by the caveat, other than where the tenement holder is also the caveator.
(10)
A caveat registered under this Division—
(a)
does not affect or prevent the renewal of a mineral tenement; and
(b)
does not lapse on the renewal of a mineral tenement (while the caveat is registered); and
(c)
does not affect or prevent any dealing with the mineral tenement (or any interest in the mineral tenement) that is required by an order of a court or tribunal constituted by law.
(11)
A caveat registered under this Division will lapse on—
(a)
any order of the Warden's Court providing for the lapsing of the caveat; or
(b)
the withdrawal of the caveat by the caveator; or
(c)
the expiry of the caveat as contemplated by subsection (5).
(12)
If—
(a)
a caveat is registered in respect of a mineral tenement; and
(b)
the caveat lapses,
the caveator or any related body corporate may not apply to register a second or subsequent caveat relating to the same interest in the mineral tenement to which the original caveat related without the approval of the Warden's Court, or unless that second or subsequent caveat is being registered with the express consent of the tenement holder for the mineral tenement to which the caveat relates.

15AFApplication to Warden's Court to lapse caveat or obtain compensation

(1)
A person who—
1. (a)
  has an interest in a mineral tenement subject to a caveat registered under this Division; or
2. (b)
  has an interest that is directly affected by a caveat registered under this Division,

may apply to the Warden's Court under this section.

(2)
An application may be made for 1 or more of the following:
1. (a)
  a declaration that an interest claimed by the caveator is not a valid caveatable interest;
2. (b)
  an order that a caveat lapse;
3. (c)
  an order that a transfer, mortgage or surrender relating to a mineral tenement be registered despite the registration of a caveat under this Division;
4. (d)
  an order that a caveator pay compensation for any loss or damage suffered because a caveat registered under this Division does not relate to a valid caveatable interest, or an amount for or towards any such loss or damage.
(3)
Any compensation payable under an order under subsection (2)(d) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction.
(4)
This section does not limit any other jurisdiction or power of the Warden's Court in relation to caveats under this Division.

Division 4Other dealings15AGOther dealings

(1)
Subject to subsections (2) and (3), a tenement holder may apply to the Mining Registrar for the registration on the mining register of any agreement, memorandum, arrangement, instrument or other document or dealing that relates to—
(a)
the relevant mineral tenement, or an interest in the mineral tenement; or
(b)
authorised operations carried out, or to be carried out, on the relevant mineral tenement,
(a registrable dealing).
(2)
A registrable dealing does not include any agreement, memorandum, arrangement, instrument or other document or dealing—
(a)
that does not satisfy any criteria determined by the Mining Registrar for the purposes of this section; or
(b)
that falls within a class excluded by the Mining Registrar from the operation of this section.
(3)
If a tenement holder enters into a registrable dealing under which another person is to carry out authorised operations in relation to the mineral tenement, the tenement holder—
(a)
must, within 14 days after entering into the registrable dealing—
(i)
inform the Minister of the registrable dealing in a manner and form determined by the Minister; and
(ii)
apply to the Mining Registrar to register the registrable dealing under this section; and
(b)
must, within 14 days after the person ceases to be responsible for carrying out those authorised operations—
(i)
inform the Minister of the matter in a manner and form determined by the Minister; and
(ii)
apply to the Mining Registrar to register the cessation under this section.
Maximum penalty: $5 000.
(4)
A registrable dealing must comply with any relevant requirement of the Mining Registrar as to the form of any instrument or document that is to be registered on the register.
(5)
An application to register a registrable dealing under this section—
(a)
must be made in a manner and form determined by the Mining Registrar; and
(b)
must be accompanied by the prescribed fee.

Division 5Protection from liability15AHProtection from liability

(1)
No act or omission undertaken or made by the Mining Registrar, or by any person acting on behalf of the Mining Registrar, in connection with the administration of the mining register, or the registration of any interest, instrument, agreement, statement, notice, order, direction, bond, penalty or other document or dealing on the mining register, subjects the Mining Registrar, or any person acting on behalf of the Mining Registrar, or the Minister, the Director of Mines or the Crown, to any liability.
(2)
Without limiting subsection (1), the registration of any interest, instrument, agreement, statement, notice, order, direction, bond, penalty or other document or dealing on the mining register—
(a)
does not give rise to any right of action against the Mining Registrar, or any person acting on behalf of the Mining Registrar, or against the Minister, the Director of Mines or the Crown (unless the proceedings are for judicial review on the ground of jurisdictional error); and
(b)
does not validate any instrument or dealing or provide any warranty as to the validity of any instrument or dealing.

Division 6Information15AIInterpretation

(1)
In this Division—
designated material in relation to a mineral tenement means—
(a)
records of surveys and other operations carried out under, or for the purposes of, the mineral tenement; and
(b)
geological samples (including drill samples) and logs; and
(c)
records that evidence the quantity and value of minerals recovered from land comprised in the tenement that are liable to the payment of royalty under this Act; and
(d)
information and material prescribed by the regulations (including information that relates to a transaction); and
(e)
information and material specified by the Director from time to time in accordance with subsection (2) (either generally or in relation to a specified mineral tenement or class of mineral tenement);
designated person means—
(a)
the Minister; and
(b)
the Director of Mines; and
(c)
the Mining Registrar and other mining registrars; and
(d)
an authorised officer; and
(e)
any person acting under the authority of a person referred to in a preceding paragraph; and
(f)
any other person brought within the ambit of this definition by the regulations;
prescribed material means any document, instrument, report, information, samples or other material—
(a)
created under this Act; or
(b)
provided to a designated person under this Act, or otherwise obtained by a designated person under this Act.
(2)
The Director may specify information or material as designated material—
(a)
by notice in the Gazette; or
(b)
in the case of a notice that relates to a specified mineral tenement—by notice served on the tenement holder in the manner prescribed by the regulations.
(3)
The Director may vary or revoke a notice under subsection (2) by a further notice of a similar kind.

15AJCompilation, keeping and provision of material

(1)
A tenement holder must compile or create designated material relating to the tenement in accordance with any requirements prescribed by the regulations.

Administrative penalty.

(2)
A tenement holder must keep all designated material—
1. (a)
  in a form prescribed by the regulations or approved by the Director; and
2. (b)
  in a place that complies with any requirements prescribed by the regulations or that is approved by the Director; and
3. (c)
  for a period prescribed by the regulations or approved by the Director.

Administrative penalty.

(3)
A tenement holder must, as required by the regulations, provide to the Director any designated material of a prescribed kind.

Administrative penalty.

(4)
A tenement holder must, at the request of the Director or a person acting under the written authority of the Director, produce, at the place specified by the Director or the person acting under that written authority, any specified designated material or designated material of a specified kind.

Administrative penalty.

(5)
Any designated material provided or produced under subsection (3) or (4) must comply with any requirements—
1. (a)
  prescribed by the regulations; or
2. (b)
  specified by the Director in the manner prescribed by the regulations.

Administrative penalty.

(6)
In the case of any designated material provided or produced to the Director or another person under this section, the Director or other person may—
1. (a)
  take extracts from, or copies of, the designated material; or
2. (b)
  retain the designated material.

15AKTests

(1)
A tenement holder must, at the request of the Director or a person acting under the written authority of the Director, permit a person nominated in the request to make tests, and take samples of minerals, in relation to or from land comprised in the mineral tenement.
Administrative penalty.
(2)
The Director may retain any material produced or taken under subsection (1).

15ALRelease of material

(1)
Subject to this section, the Minister or the Director may, in such manner as the Minister or the Director thinks fit, release any prescribed material.
(2)
The Minister or the Director must not release prescribed material that relates to a private mine.
(3)
Subsection (1) does not authorise the release of any prescribed material if—
(a)
the release would be contrary to any other Act or law; or
(b)
the release would be in breach of an order of a court or tribunal constituted by law; or
(c)
the release would involve the disclosure of a trade secret; or
(d)
the release would be contrary to any requirement or restriction prescribed by the regulations.
(4)
The Minister or Director may release any prescribed material under this section—
(a)
in such manner as the Minister or Director thinks fit; and
(b)
subject to such conditions as the Minister or Director thinks fit.
(5)
A person who contravenes or fails to comply with a condition under subsection (4)(b) is guilty of an offence.
Maximum penalty: $120 000.
(6)
Subsections (1), (2) and (3) do not—
(a)
limit the ability of the Mining Registrar to publish or release, or to allow access to, any instrument, document or other item or material registered on the mining register; or
(b)
limit the operation of any other section that provides for publication or release of any instrument, document or other item of material.
(7)
No action lies against the Minister or the Director in respect of the contents of any prescribed material released under this section (including where the release amounts to the publication of any material).

Part 3Reservation of minerals and royalty16Reservation of minerals

(1)
Notwithstanding the provisions of any other Act or law, or of any land grant or other instrument, the property in all minerals is vested in the Crown.
(2)
This section applies in respect of all mineral land and in respect of all other land (including reserved land) in the State or under coastal waters on the landward side of the baseline.

17Royalty

(1)
Subject to this Act, royalty is payable to the Crown on all minerals recovered from mineral land.
(1a)
Royalty is not payable on extractive minerals recovered from mineral land—
(a)
where the terms and conditions of the mineral tenement—
(i)
make specific provision for the management and use of the extractive minerals as extractive minerals produced during the course of carrying out authorised operations under the tenement; and
(ii)
make specific provision for the exemption of the extractive minerals from the payment of royalty; or
(b)
by the owner of the land under section 75(2).
(2)
Royalty is not payable on minerals recovered from mineral land that are removed from the area of a mineral tenement for the purpose of any testing of a kind approved by the Minister.
(3)
Royalty is only payable on precious stones if the precious stones are recovered under this Act.
(4)
Subject to this or any other relevant section, royalty will be equivalent to—
(a)
in the case of extractive minerals—55 cents per tonne, or such lesser amount as may be prescribed by the regulations; or
(b)
in the case of minerals other than extractive minerals—
(i)
if the minerals are declared mineral ores or concentrates—5% of the value of the minerals, as assessed in accordance with this section;
(ii)
if the minerals are declared refined mineral products—3.5% of the value of the refined mineral products, as assessed in accordance with this section;
(iii)
if the minerals are declared industrial minerals or construction materials—3.5% of the value of the minerals, as assessed in accordance with this section;
(iv)
in any other case—5% of the value of the minerals, as assessed in accordance with this section.
(5)
If minerals are sold pursuant to a contract with a genuine purchaser at arms length, the market value (excluding GST) of the minerals, for the purposes of determining royalty, will be the contract price obtained for the minerals on the day that ownership of the minerals is transferred to the purchaser.
(6)
If subsection (5) does not apply to the sale of minerals because there is no contract with a genuine purchaser at arms length, the following provisions apply:
(a)
the value of the minerals for the purposes of determining royalty will be the value that represents the market value (excluding GST) of the minerals on the day on which—
(i)
the minerals—
(A)
leave the mineral tenement from which the minerals were recovered; or
(B)
are used on the tenement; or
(ii)
if the minerals have been transported to mineral land the subject of a miscellaneous purposes licence—the minerals leave that mineral land or are used on that mineral land,
whichever occurs later;
(b)
the market value of the minerals will be determined according to—
(i)
any price quoted or obtained on a market recognised by the Treasurer, after consultation with the Minister, by notice in the Gazette as being a relevant industry market for the purposes of determining the market value of minerals of that kind; or
(ii)
if subparagraph (i) does not apply—
(A)
the price (if any) declared by the Treasurer, after consultation with the Minister, by notice in the Gazette as being an indicative price for the minerals; or
(B)
the method (if any) declared by the Treasurer, after consultation with the Minister, by notice in the Gazette that is to be used for determining an indicative price for the minerals; or
(iii)
if subparagraphs (i) and (ii) do not apply—
(A)
any price obtained in relation to sales of minerals of the same kind where those sales were to genuine purchasers at arms length within the same period for which a return is required to be furnished under section 17CA; or
(B)
if no relevant transactions have occurred in that period—any price obtained by other parties within the industry in relation to sales of minerals of the same kind on the open market within the same period for which a return is required to be furnished under section 17CA; or
(iv)
if subparagraphs (i), (ii) and (iii) do not apply—the tenement holder's estimate of the reasonable value of the minerals (to be determined in accordance with any requirements, and accompanied by any information, prescribed by the regulations).
(7)
For the purposes of subsection (5), contract price means—
(a)
the amount to be paid under the contract; plus
(b)
the value of any consideration, set-off, concession or other factor otherwise taken into account by the parties to the contract in determining the amount to be paid under the contract.
(8)
Costs of a prescribed kind incurred before minerals leave—
(a)
the mineral tenement from which the minerals were recovered; or
(b)
if the minerals have been transported to mineral land, the subject of a miscellaneous purposes licence—that mineral land,
are not to be included for the purposes of determining the market value of those minerals.
(8a)
Costs of a prescribed kind incurred after minerals leave—
(a)
the mineral tenement from which the minerals were recovered; or
(b)
if the minerals have been transported to mineral land, the subject of a miscellaneous purposes licence—that mineral land,
are not to be included for the purposes of determining the market value of those minerals.
(9)
The Treasurer may, after consultation with the Minister and under an agreement between the Treasurer and the person liable to pay royalty on any minerals other than extractive minerals, determine that royalty will be payable according to the weight or volume of minerals recovered or will be payable at some other price or according to some other method, and royalty will be payable by the person in accordance with the determination.
(10)
The Treasurer may, after consultation with the Minister and on the application of a person liable to pay royalty under this section, having regard to the effect that payment of such royalty would be likely to have on the viability or profitability of authorised operations carried on by the person, waive payment of royalty wholly or in part, or reduce the rate at which royalty is payable, on minerals recovered in the course of those operations.
(11)
Royalty may be recovered by the Crown as a debt due to the Crown in any court of competent jurisdiction.
(12)
The tenement holder for the tenement from which minerals are recovered is liable to pay the royalty.
(13)
For the purposes of this section, the Treasurer may, after consultation with the Minister, from time to time—
(a)
by notice in the Gazette—
(i)
declare specified types of mineral ores or concentrates to be declared mineral ores and concentrates; and
(ii)
declare specified types of refined mineral products to be declared refined mineral products; and
(iii)
declare specified types of minerals to be declared industrial minerals or construction materials; and
(b)
by subsequent notice in the Gazette, vary or revoke a declaration under paragraph (a).
(14)
A notice under subsection (13) will have effect from a date specified in the notice by the Treasurer.

17AReduced royalty for new mines

(1)
The Treasurer may, after consultation with the Minister and on the application of a person liable to pay royalty (other than on extractive minerals), by notice in the Gazette, declare that a mine will be taken to be a new mine for the purposes of this section.
(1a)
An application may not be made by a person under subsection (1) on or after 1 July 2020.
(2)
Despite section 17, for the prescribed period, royalty payable in relation to minerals (other than extractive minerals) recovered from mineral land at a new mine will be equivalent to 2 per cent of the value of the minerals (as assessed in accordance with the royalty assessment principles under section 17).
(2a)
In subsection (2), the prescribed period is the period commencing on the day on which the first royalty payment under this Act is due and payable and ending—
(a)
on the day falling 5 years after that day; or
(b)
on 30 June 2026,
whichever occurs first.
(3)
The Treasurer may, after consultation with the Minister and by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1).
(4)
An application under this section must be made in a manner and form determined by the Treasurer after consultation with the Minister and must be lodged with the Director of Mines.
(5)
An applicant must provide any information reasonably required by the Treasurer to determine the application.
(6)
In determining whether or not to make a declaration under this section, the Treasurer may have regard to the following matters (insofar as they may be relevant):
(a)
the extent to which the authorised operations to be carried on at the mine can be viewed as constituting an extension of existing authorised operations, or the revival of authorised operations that have been previously carried on;
(b)
the nature of the authorised operations to be carried on at the mine when compared to any existing operations carried on, or previously carried on, at the same tenement, or a tenement within the vicinity of the relevant mine;
(c)
the relationship of the applicant to any other person carrying on authorised operations within the vicinity of the relevant mine (including, in the case of a body corporate, authorised operations carried on by a related body corporate);
(d)
such other matters as the Treasurer thinks fit.

17ABRoyalty for private mines

(1)
Subject to and in accordance with the provisions of this Act, royalty in respect of minerals recovered from private mines is payable as follows:
(a)
in the case of a private mine in relation to which a relevant event has occurred—royalty is payable on—
(i)
extractive minerals recovered from the private mine; and
(ii)
any other minerals recovered from the private mine on or after the day on which the relevant event occurred;
(b)
in any other case—royalty is payable on extractive minerals recovered from the private mine, but is not payable on any other minerals so recovered.
(2)
For the purposes of subsection (1), a relevant event occurs if, on or after 19 June 2014, there is (or has been) a change in—
(a)
the proprietor of the private mine; or
(b)
the whole or any part of the right to carry out authorised operations at the private mine.
(3)
A reference in subsection (2)(a) to a change in the proprietor of a private mine includes a change in a person lawfully claiming under the proprietor whether the claim is of a legal or equitable kind.

2Mine operation plans

(1)
The following provisions apply with respect to mine operations plans under Part 11B of the principal Act (as enacted by this Act):
(a)
subject to paragraph (b), section 73G of the principal Act (as enacted by this Act) does not apply to mining operations being carried out at a private mine immediately before the commencement of this Act until six months after that commencement; and
(b)
a development programme approved by the Chief Inspector under the Mines and Works Inspection Act 1920 before the commencement of section 73G of the principal Act (as enacted by this Act) will be taken to be a mine operations plan for the purposes of that Part to the extent that it relates to mining operations being carried out at a private mine at a particular time (and may be reviewed and amended from time to time under section 73G of the principal Act (as enacted by this Act) as if it were a mine operations plan under that section).
(2)
A mine operations plan to which subclause (1)(b) applies must be reviewed in accordance with section 73G of the principal Act (as enacted by this Act) within seven years after the commencement of that section (and will not be subject to the operation of subsection (15)(a) of that section).

3Additional matters

(1)
The Governor may, by regulation, make provision for other matters of a savings or transitional nature consequent on the enactment of this Act.
(2)
The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Act, apply to any repeal or amendment effected by this Act.

Statutes Amendment (Courts and Judicial Administration) Act 2001

22Transitional provisions

(1)
The amendments made to the principal Act by section 20—
(a)
do not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and
(b)
apply in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section).
(2)
The amendments made to the principal Act by section 21 apply in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section).

Mining (Miscellaneous) Amendment Act 2003, Sch

1Interpretation

In this Schedule—
commencement date means the date on which sections 6(1) and 8 of this Act come into operation;
pre-amendment application means an application under the principal Act lodged with the Director of Mines before the commencement date;
principal Act means the Mining Act 1971.

2Transitional provision

The amendments made by sections 6(1) and 8 of this Act do not apply with respect to—
(a)
an exploration licence granted on the basis of a pre-amendment application; or
(b)
the renewal of an exploration licence if the licence was granted before the commencement date, or on the basis of a pre-amendment application; or
(c)
a subsequent exploration licence under section 30AB of the principal Act (as enacted by this Act) if the former licence was granted before the commencement date, or on the basis of a pre-amendment application.

Mining (Royalty No 2) Amendment Act 2005, Sch 1

1Interpretation

In this Schedule—
Minister means the Minister to whom the administration of the principal Act is committed;
principal Act means the Mining Act 1971.

2Continuation of existing arrangements

(1)
Subject to clause 3, in the case of a mine in existence immediately before the commencement of this Act, the ex-mine gate value of any minerals—
(a)
subject to royalty under section 17(5) of the principal Act, as enacted by this Act; and
(b)
listed in Column 1 of the following table,
will be determined according to the values set out in Column 3 of the following table:

Mineral	Grade	Value ($/unit)
Agricultural Limestone	4/tonne
Barite	1st 2nd	24/tonne 14/tonne
Clay	1st 2nd	8/tonne 4/tonne
Dolomite	1st 2nd	10/tonne 5/tonne
Feldspar	20/tonne
Gold	12/gram
Granites & Granitic Rocks	50/metre3 16.67/tonne
Gypsum	Categories 1-3 (super premium grade, plaster board, cement)	8/tonne
Gypsum	Categories 4-8 (agricultural premium, grade 1, 2 & 3 and other)	4/tonne
Jade (Nephrite)	5000/tonne 5/kilogram
Kaolin	8/tonne
Limesand	4/tonne
Limestone (including Marble)	1st 2nd	8/tonne 4/tonne
Magnesite	8/tonne
Phosphate	4/tonne
Salt	8/tonne
Silica Sand/Rock Silica	4/tonne
Shell Grit	4/tonne
Talc	1st 2nd	20/tonne 10/tonne

(2)
The Governor may, by regulation, prescribe principles that may be taken into account to determine whether or not a mine falls within the ambit of subclause (1).
(3)
This clause will expire on 31 December 2008.

3Agreements

(1)
Unless otherwise agreed by the parties, any agreement under the principal Act relating to royalty on any minerals between the Minister and a person liable to pay the royalty in force immediately before the commencement of this Act will continue to have effect after the commencement of this Act, subject to any modifications that may be necessary in the circumstances or that may be prescribed (and on the basis that the agreement will cease to have effect in any event when the agreement expires, or is brought to an end in accordance with its terms or otherwise by agreement between the parties).
(2)
Nothing in this Schedule prevents or limits the ability of the Minister to enter into an agreement under the principal Act as amended by this Act (including an agreement that has the effect of modifying or excluding the operation of clause 2 in the relevant case).

Mining (Miscellaneous) Amendment Act 2010, Sch 1

2Transitional provision

(1)
In this clause—
principal Act means the Mining Act 1971.
(2)
The Minister may, after the commencement of this clause, vary the terms and conditions of a mining lease in existence at that commencement so as to authorise the recovery, use and sale or disposal of extractive minerals in the manner contemplated by section 39(2) of the principal Act or the recovery, use and sale or disposal of other minerals in the manner contemplated by section 39(7) of the principal Act (as enacted by this Act) (and this authorisation will then be taken to be an authorisation under that section).

Mining (Royalties) Amendment Act 2011, Sch 1

1Transitional provisions

(1)
In this clause—
new rate means the rate of royalty applying to new mines under section 17A of the principal Act on account of the amendment effected by section 5(2) of this Act;
principal Act means the Mining Act 1971.
(2)
The amendments made by this Act to section 17 of the principal Act apply in relation to minerals recovered on or after 1 July 2011.
(3)
The amendments made by this Act to section 17A of the principal Act apply in relation to any mine under that section that comes within the ambit of that section on account of an application lodged with the Director of Mines on or after 16 September 2010 (including a mine declared to be a new mine before the commencement of this clause).
(4)
If a mine to which subclause (3) applies is declared to be a new mine before 1 July 2011, the new rate will be taken to have applied in relation to the mine from the date on which the mine was declared to be a new mine for the purposes of section 17A of the principal Act (and any royalty that becomes payable on account of the operation of this subclause must be paid in accordance with any determination of the Minister made for the purposes of this subclause).
(5)
The amendments made by this Act to section 17A of the principal Act do not apply in relation to any mine that comes within the ambit of that section on account of an application lodged with the Director of Mines before 16 September 2010 (and section 17A, as in existence immediately before the commencement of this clause, will continue to apply in relation to such a mine as if section 5 of this Act had not been enacted).

Statutes Amendment (Courts Efficiency Reforms) Act 2012

30Transitional provision

The amendment made to the Mining Act 1971 by this Part—
(a)
does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b)
applies in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Mining (Royalties) Amendment Act 2013, Sch 1

1Transitional provision

(1)
The Minister may, in relation to the 2013/2014 financial year—
(a)
make any determination or estimate required for the purposes of section 17DA, as inserted into the Mining Act 1971 by this Act, and serve any notice for the purposes of that section, at any time during the 2013/2014 financial year; and
(b)
if a notice referred to in paragraph (a) is served on a mining operator, require the mining operator to make a payment of royalty under the scheme established by section 17DA, as inserted into the Mining Act 1971 by this Act, with respect to a period specified by the Minister, according to an estimate made by the Minister, with the payment to be made by a date specified by the Minister (and thereafter monthly payments will apply); and
(c)
by notice served on a mining operator, make any other provision of a transitional nature so that section 17DA of the Mining Act 1971, as inserted into that Act by this Act, may operate effectively (including so as to modify the operation of that section in relation to the 2013/2014 financial year).
(2)
Any determination, estimate or notice made or served by the Minister under subclause (1) will have effect according to its terms and despite the provisions of the Mining Act 1971.

Budget Measures Act 2014, Sch 1

23Transitional provision

The amendment made by clause 18 of this Part to section 17 of the Mining Act 1971 applies in relation to extractive minerals recovered on or after 1 July 2014.

Statutes Amendment (Budget Measures) Act 2019, Pt 2

12Transitional provision

The amendments made to sections 40, 41E and 52 of the Mining Act 1971 by this Part apply in relation to rent paid under those sections following the commencement of this Part.

Statutes Amendment (Mineral Resources) Act 2019, Sch 1 Pt 1—Transitional provisions

1Interpretation

In this Schedule—
principal Act means the Mining Act 1971.

2References

On and after the day on which section 4 comes into operation, a reference in any Act, statutory instrument or other document or instrument to a mining tenement under the principal Act will, unless the context otherwise requires, be taken to include a reference to a mineral tenement.

3Waiver of exemption

(1)
In this clause—
mining operator has the same meaning as in the principal Act, as in force immediately before the day on which section 4 comes into operation.
(2)
Section 9AA of the principal Act, as in force immediately before the day on which section 9 comes into operation, will continue to apply where a mining operator has given a notice to a person under subsection (1) of that section before the day on which section 22 comes into operation.

4Registers

All registers kept under section 15A of the principal Act immediately before the repeal of that section by this Act will, on that repeal, be taken to form part of the mining register under section 15AA of the principal Act as enacted by this Act.

5Mortgages

(1)
A mortgage may be registered under section 15AC of the principal Act, as enacted by this Act, whether it was created before or after the commencement of that section.
(2)
An application may be made under section 15AD of the principal Act, as enacted by this Act, in relation to a mortgage—
(a)
registered on a register under the principal Act before the commencement of that section; or
(b)
created before the commencement of that section and registered on the mining register on or after that commencement.

6Registered documents and dealings

Section 15AH of the principal Act, as enacted by this Act, extends to the registration of any interest, instrument, agreement, statement, notice, order, direction, bond, penalty or other document or dealing on the mining register before the commencement of section 22 of this Act.

7Royalty

(1)
The principal Act, as in force immediately before the commencement of section 23 of this Act, applies for the purposes of the first return required to be furnished by a tenement holder following that commencement and to the calculation of royalty in respect of minerals recovered during the period to which the return relates.
(2)
If a relevant event has occurred under section 73E of the principal Act, as in force immediately before the commencement of section 23 of this Act, that event will be taken to be a relevant event for the purposes of section 17AB of the principal Act as enacted by this Act.

8Exploration licences

(1)
In this clause—
grant date is the date of the original grant of an exploration licence;
relevant day means the day on which section 41 comes into operation.
(2)
An exploration licence in existence immediately before the relevant day, other than a licence that has been granted under section 30AB of the principal Act, will continue to be subject to the operation of section 30A of the principal Act, as in existence immediately before the relevant day, until the expiration of 5 years from the date on which the licence was granted, and then will be subject to the operation of section 30A of the principal Act, as amended by this Act, as if the term or aggregate term of the licence had reached the period of 6 years, rather than 5 years, and with the grant date for the licence being taken to be 1 year earlier than the actual grant date.
(3)
If—
(a)
an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and
(b)
immediately before the relevant day, the term of that licence when aggregated with the term of the former licence under section 30A of the principal Act, as in existence immediately before the relevant day, has not reached a period of 10 years,
the licence will be subject to the operation of section 30A of the principal Act as in force immediately before the relevant day until the expiration of 10 years from the date on which the former licence was granted, and will then be subject to the operation of section 30A(7)(a) of the principal Act, as amended by this Act, as if the term or aggregate term of the licence had reached the period of 6 years.
(4)
If—
(a)
an exploration licence in existence immediately before the relevant day has been granted under section 30AB of the principal Act; and
(b)
that licence is a successor to a former licence granted under section 30AB of the principal Act; and
(c)
immediately before the relevant day, the term of the licence when aggregated with the terms of the former licence or licences under section 30A and 30AB of the principal Act, as in existence immediately before the relevant day, has reached a period of 10 years or more,
the licence will be subject to the operation of section 30A of the principal Act as in force immediately before the relevant day until the expiry of the 5 year aggregate term of the licence and—
(d)
the aggregate period of the licence and any former licence will be taken to be 12 years (with the grant date for the licence being adjusted accordingly); and
(e)
if the holder of the licence seeks a further renewal of the licence, they will be required to make an application for the renewal of the licence under section 30A of the principal Act, as amended by this Act, and will then be subject to the operation of section 30A(7)(b) (other than subparagraph (ii) of that paragraph) and the licence may continue in force pending the outcome of the application.

9Expenditure

(1)
An expenditure obligation imposed under section 30(1)(b) of the principal Act as a condition of an exploration licence in existence immediately before the relevant day will be taken to set out the level of expenditure that applies in relation to the licence for the purposes of section 30AAA of the principal Act as enacted by this Act.
(2)
The Minister may exercise a power under section 30AAA of the principal Act, as enacted by this Act, in relation to any exploration licence in existence immediately before the commencement of that section.

10Reinstatement of tenements

Section 56Z of the principal Act, as enacted by this Act, cannot apply in relation to a mineral tenement that expired before the commencement of that section.

11Mining Rehabilitation Fund

The Minister may impose a requirement under section 62AA of the principal Act, as enacted by this Act, in relation to a mining tenement (or mineral tenement) granted before the enactment of that section.

12Jurisdiction relating to tenements and monetary claims

The amendment to section 67(1a) of the principal Act by section 78—
(a)
does not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and
(b)
apply in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section).

13Programs for environment protection and rehabilitation

(1)
In this clause—

ADP means a development program approved under regulation 9 of the Mines and Works Inspection Regulations 2013;
relevant day means the day on which section 83 comes into operation;
PEPR means a program under Part 10A of the principal Act;
prescribed item means—
(a)
an exploration work program; or
(b)
a declaration of environmental factors; or
(c)
a program for mining and rehabilitation of land,
within the meaning of regulation 114 of the Mining Regulations 2011 as in force immediately before the relevant day.

(2)
A prescribed item—
1. (a)
  continues as a PEPR for the purposes of the principal Act; and
2. (b)
  insofar as it is relevant to authorised operations conducted under the principal Act on or after the relevant day, will be taken to be an approved program under Part 10A of the principal Act and to be subject to the operation and requirements of—
  1. (i)
    regulation 114 of the Mining Regulations 2011; and
  2. (ii)
    Part 10A of the principal Act (including so as to require the prescribed item, as a PEPR, to be reviewed under that Part as required and to be relevant to the operation of section 70D of the principal Act as in force immediately before the relevant day and section 70DA of the principal Act as enacted by this Act on or after the relevant day).
(3)
An ADP in force immediately before the relevant day—
1. (a)
  will be taken to be a PEPR for the purposes of the principal Act; and
2. (b)
  insofar as it is relevant to authorised operations conducted under the principal Act on or after the relevant day, will be taken to be an approved program under Part 10A of the principal Act and to be subject to the operation and requirements of Part 10A of the principal Act (including so as to require the ADP, as a PEPR, to be reviewed under that Part as required and to be subject to the operation of sections 70D and 70DA of the principal Act as enacted by this Act on or after the relevant day).
(4)
Subclause (3) does not apply in relation to operations within the ambit of section 5 of the Mines and Works Inspection Act 1920, as enacted by this Act.
(5)
The Minister may, on or after the enactment of paragraph (c) of section 70C(5) of the principal Act, reject a program that has been submitted under section 70B of the principal Act before that enactment.
(6)
The Minister may require a program audit to be conducted under section 70D of the principal Act, as enacted by this Act, in relation to a PEPR that has been approved before the relevant day.
(7)
If a person who has applied for a mineral tenement before the commencement of this Act submits a program for approval under section 70B(4) of the principal Act as substituted by this Act, the program must be consistent with any proposal provided to the Minister during the relevant mineral tenement application process.

14Caveats

If a caveat lodged under Part 11A of the principal Act is in force immediately before the repeal of that Part by this Act—
(a)
the provisions of that Part will continue to apply in relation to the caveat as if the repeal had not been effected; and
(b)
Division 3 of Part 2A of the principal Act, as enacted by this Act, will not apply in relation to the caveat.

15Private mines

(1)
In this clause—
prescribed day means the day falling 15 years after the day on which this clause comes into operation.
(2)
On and after the prescribed day—
(a)
a mine operations plan in force under section 73G of the principal Act immediately before that day will be taken to be an approved program under Part 10A of the principal Act; and
(b)
Part 10A of the principal Act will apply to and in relation to a private mine and a person carrying out mining operations in relation to a private mine; and
(c)
section 73G of the principal Act will cease to apply to and in relation to a private mine (and that section will be taken to have been repealed on that day); and
(d)
sections 73I and 73KA of the principal Act will apply—
(i)
as if a reference to a mine operations plan included a reference to a program under Part 10A of the principal Act; and
(ii)
as if a reference to objectives contained in a mine operations plan included a reference to environmental outcomes under a program under Part 10A of the principal Act.

16Safety net

The repeal of section 84A of the principal Act does not affect the operation of any agreement in force under that section before the repeal.

Historical versions

Reprint—31.7.1986
Reprint No 1—1.10.1991
Reprint No 2—4.3.1993
Reprint No 3—15.1.1994
Reprint No 4—3.11.1994
Reprint No 5—1.6.1995
Reprint No 6—17.6.1996
Reprint No 7—21.4.1997
Reprint No 8—21.5.1998
Reprint No 9—1.4.1999
Reprint No 10—29.7.1999
Reprint No 11—8.6.2000
Reprint No 12—1.7.2000
Reprint No 13—1.9.2000
Reprint No 14—1.3.2001
Reprint No 15—14.6.2001
Reprint No 16—15.7.2001
Reprint No 17—3.2.2002
Reprint No 18—4.5.2002
Reprint No 19—12.6.2003
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25.2.2021
1.1.2024

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