Mining Regulations 1996 (SA)
SOUTH AUSTRALIA
MINING REGULATIONS 1996 SUMMARY OF PROVISIONS
1. Citation
2. Commencement
3. Revocation
4. Interpretation
5. Special approval required in certain cases
6. Special conditions for tenements over the sea bed
7. Application for a miner’s right (s. 20)
8. Issue of miner’s right
9. Renewal of miner’s right
10. Issue of duplicate if miner’s right lost, etc.
11. Surrender of miner’s right
PART 3 CLAIMS
12. Size (s. 23)
13. Shape of claim
14. Mode of taking possession
15. Maintenance of claims
16. Application for registration of claim (s. 24)
17. Display of registration number
18. Cancellation of claim
19. Surrender of claim (s. 26(4))
20. Insufficiently defined claims
21. Reduction in area of a claim
22. Continuation of claim if application made for lease
23. Cessation of claim if lease granted
24. Determination of site
25. Size
26. Shape of claim
27. Mode of taking possession
28. Maintenance of claims
29. Application for registration of claim (s. 63C)
30. Display of registration number
31. Renewal of access claims (s. 63E)
32. Surrender of claim (s. 63E)
PART 4 LEASES
33. Prescribed classes of lease (s. 34(3))
34. Nature of lease
35. Application for a lease (s. 35)
36. Notification of proposed terms and conditions
37. Display of lease number
38. Superimposed leases
39. Application for a lease (s. 41B)
40. Display of lease number
41. Terms and conditions of a lease
42. Conditions to be observed after notification of approval
43. Annual rent
44. Maintenance of leases
45. Transfer of leases
46. Surrender of lease
47. Rights of surrender
48. Renewal of leases
49. Working conditions
50. Amalgamation of working conditions
51. Suspension of working conditions
52. Exemptions
53. Roads and pipelines across tenements
54. Conditions of an exploration licence
55. Conditions to be observed after notification of approval
56. Annual rent
57. Cessation of claim or lease
58. Application for a licence (s. 53)
59. Size
60. Mode of taking possession
61. Display of licence number
62. Conditions to be observed after notification of approval
63. Annual rent
64. Maintenance of licence
65. Transfer of licences
66. Renewal of licence
67. Notice of entry
68. Use of declared equipment
69. Lapse of notices
70. Objection to entry or use of declared equipment
71. Waiver of exemption
72. Copy of exemption to be lodged with Mining Registrar
73. Conditions of entry not affected by transfer
74. Caveats
75. Tenement documents to be issued in duplicate
76. Consent of Minister
77. Status of unregistered instruments
78. Amendment of register
79. Search of register
80. Divesting of right to claim royalty
81. Interpretation
82. Application
83. Progressive payments
84. Payments to support rehabilitation of land
85. Conditions
86. Removal of posts
87. Rectification of boundaries
88. Superimposed tenements—consent
89. Action to comply
90. Offices of Mining Registrar
91. False information
92. Change of name or address
93. Mining return
94. Records and samples
95. Duplicate tenement document
96. Due date for royalty payments
97. Declaration
98. Power of court to award costs
99. Recording of proceedings
100. Application for native title declaration
101. Approved associations for umbrella authorisations
102. Notice initiating negotiations with native title parties
103. Execution and return of renewal documents
104. Service of documents
105. Forms
106. Execution of forms
107. Fees
108. Damage to posts
109. Offences
110. Special mining enterprises
111. Expiry of regulations
being
No. 178 of 1996:
as varied by
No. 87 of 1997:
Gaz . 13 May 1997, p. 18802 No. 235 of 1997:
Gaz . 4 December 1997, p. 15413 No. 109 of 1998:
Gaz . 28 May 1998, p. 24244
1 Came into operation 1 September 1996: reg. 2.
2 Came into operation 1 July 1997: reg. 2.
3 Came into operation 4 December 1997: reg. 2.
4 Came into operation 1 July 1998: reg. 2.
2. The regulations will come into operation on 1 September 1996.
3. All regulations previously made under theMining Act 1971 are revoked.
4. (1) In these regulations, unless the contrary intention appears—"
Act " means theMining Act 1971 ;"
Chief Inspector " means the Chief Inspector of Mines;"
claim " means a mineral claim or an access claim;"
company " means a company within the meaning of theCorporations Law ;"
holder ", in relation to a mining tenement, means—
in the case of a claim—the owner of the claim; | |
in the case of a lease—the lessee; | |
in the case of a licence—the licensee; |
"
Mining Register " means the register kept by the Mining Registrar under section 15A of theAct.
(2) The following are
(3) In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in schedule 1.
(2) An application for the approval of the Minister under subregulation (1) must—
be made in writing; and | |
state the name, nature and locality of the relevant land; and | |
provide details concerning the proposed operation or activity on the land. |
(3) A person must not exercise a right under the Act or these regulations on a public road, street or highway without the written consent of the authority that has control of the road, street or highway.
(4) However, a consent under subregulation (3) is not required to peg out an area for a claim on land consisting (partially or entirely) of a public road, street or highway.
(5) An application to register a claim on land consisting (partially or entirely) of a public road, street or highway must be accompanied by the consent required under subregulation (3).
(2) An agreement complies with the requirements of this subregulation if the relevant person
agrees—
to indemnify and to keep indemnified the South Australian Government against all actions, suits, claims and demands whatsoever resulting from the erection or placing by the person of a structure or object on or over a part of the sea bed, or the escape of a deleterious substance into the sea, while conducting mining operations associated with the mining tenement; and | |
to remove any such structure or object if or when directed to do so by a Minister and, in default of so removing it, to pay to the Crown all costs and expenses incurred by a Minister in undertaking its removal. |
(3) A person holding a mining tenement must not—
permit the escape of a deleterious substance into the sea; or | |
fail to remove a structure or object placed on or over a part of the sea bed if directed to do so by a Minister. |
(4) In the event of a contravention of subregulation (3)
(5) A person who obtains a mining tenement over a part of the sea bed must not commence mining operations associated with the tenement unless or until the Minister for the time being administering the
(6) A reference in this regulation to mining operations associated with a mining tenement includes any activity undertaken for the purposes of, or incidental to, the conduct of mining operations.
(7) In this regulation—
"
Minister " means a Minister of the Crown;"
South Australian Government " means the Crown in right of the State and includes allMinisters of the Crown.
7. An application for a miner’s right must be in the form of Form 1.
8. A miner’s right must not be issued in the name of more than one person.
9. An application for the renewal of a miner’s right must be in the form of Form 2.
10. If—
the holder of a miner’s right satisfies a mining registrar, by a declaration in the form of Form 3, that the miner’s right has been lost or destroyed; or | |
a miner’s right that has become illegible in a particular is delivered to a mining registrar, |
the mining registrar may, on payment of the fee specified in schedule 2, issue a duplicate of the
miner’s right (and the former miner’s right is null and void).
Registrar.
PART 3 CLAIMS
12. The maximum permissible area of a mineral claim that can be pegged out is 250
hectares.
(2) The length of longest side of a mineral claim must not exceed 2 kilometres.
(3) If it is not practicable to comply with subregulation (1) because of the position of adjoining boundaries for other areas, or natural features, an intervening or irregularly shaped piece of land may be pegged out as a mineral claim.
14. (1) This regulation sets out the requirements for a valid pegging of a mineral claim
under the Act.
(2) A post must be securely placed in the ground at each corner of the relevant area.
(3) Each post must—
be devoid of marks or writing that refers to a previous pegging; and | |
have a cross-sectional dimension equal to or exceeding 7 centimetres; and | |
project at least 75 centimetres above the ground; and | |
clearly show the number (or numbers) of the miner’s right (or rights) by virtue of which the claim is pegged out, together with the date of pegging (either by direct markings on the post or by the secure attachment of a notice to the post), as near to the top of the post as practicable; and | |
if the person is pegging out more than one claim on the one day, clearly show the number of the claim, as pegged out on the day, using consecutive numbers for that day starting with the number 1. |
(4) The direction of the boundaries of the claim must be clearly indicated by trenches, piles of stones, or substantial indicator markers fixed to each post.
(5) If it is impracticable to comply with a preceding subregulation, a person may peg out a mineral claim in some other manner but, in such a case, the person must lodge a notice of the manner of pegging at the nearest office of the Mining Registrar to the area that has been pegged out.
(6) A notice under subregulation (5)—
must be in writing; and | |
must be given within seven days after the pegging. |
(7) If the Mining Registrar, or a person authorised by the Mining Registrar for the purposes of this regulation, considers that the method of pegging out an area is unsatisfactory, he or she may order that a different method be used.
(8) A person to whom an order is directed under subregulation (7) must immediately comply
with the order.
16. (1) An application for registration of a mineral claim must be in the form of Form 5.
(2) The application must be accompanied by the appropriate fee prescribed by schedule 2 and such information (including a survey) as a mining registrar may require.
(3) Subject to the Act, a mining registrar must on the registration of a mineral claim—
complete a certificate of registration to be given to the applicant; and | |
enter full particulars of the claim in the Mining Register. |
(2) If—
the owner of the claim disputes the contention of the Mining Registrar that the claim should not have been registered; or | |
the Mining Registrar does not receive a surrender or reply from the owner of the claim within 21 days after the date of the relevant notice under subregulation (1), |
the Mining Registrar may apply to the Warden’s Court for a declaration that the owner of the claim is not lawfully in possession of the claim and for appropriate consequential orders for the cancellation of the claim (and the Warden’s Court has jurisdiction to make those orders).
remove the posts marking out the area of the claim; and | |
lodge a notice of surrender at an office of the Mining Registrar. |
(2) A person is not required to comply with subregulation (1)
(3) A notice of surrender must be in the form of Form 6.
(4) A surrender will be taken to be effective when the requirements of the Act, this regulation and any conditions attaching to the claim have been satisfied.
(2) If a notice under subregulation (1) if not complied with within the time specified by the notice, the Director may apply to the Warden’s Court for an order cancelling the claim and for appropriate consequential orders (and the Warden’s Court has jurisdiction to make those orders).
(2) An approval under subregulation (1) may be given subject to conditions specified by the mining registrar (and the owner of the claim must, if the area of the claim is reduced, comply with those conditions).
(3) The requirements of regulation 13 relating to the shape of a claim do not apply if the area of a mineral claim is reduced under this regulation.
the area of a mineral claim, the claim will cease and determine.
25. The maximum permissible area of an access claim is 2 500 square metres.
26. (1) The shape of an access claim must approximate a square.(2) The length of a side of an access claim must not exceed 50 metres in length.
27. (1) This regulation sets out the requirements for a valid pegging of an access claim
under the Act.
(2) A post must be securely placed in the ground at each corner of the relevant area.
(3) Each post must—
be devoid of marks or writing that refers to a previous pegging; and | |
have a cross-sectional dimension equal to or exceeding seven centimetres; and | |
project at least 75 centimetres from the ground; and | |
clearly show the number and type of subsurface tenement by virtue of which the claim is pegged out, together with the date of pegging (either by direct markings on the post or by the secure attachment of a notice to the post) as near to the top as practicable; and | |
if the person is pegging out more than one claim on the one day, clearly show the number of the claim, as pegged out on that day, using consecutive numbers for that day starting with the number 1. |
(4) The direction of the boundaries of the claim must be clearly indicated by substantial indicator markers fixed to each post.
29. (1) An application for registration of an access claim must be in the form of Form 7.
(2) The application must be accompanied by the appropriate fee prescribed by schedule 2 and such information (including a survey) as a mining registrar may require.
(3) Subject to the Act, a mining registrar must on the registration of an access claim—
complete a certificate of registration; and | |
enter full particulars of the claim in the Mining Register. |
(2) The application must be made in the form of Form 8.
32. (1) The owner of a registered access claim who wants to surrender the claim must—
remove the posts marking out the area of the claim; and | |
lodge a notice of surrender at an office of the Mining Registrar. |
(2) A notice of surrender must be in the from of Form 9.
PART 4 LEASES
33. The following classes of mining leases are prescribed:
mineral lease; | |
extractive minerals lease. |
(2) Subject to the Act, an extractive minerals lease entitles the lessee to carry out mining operations specified in the lease for the recovery of extractive minerals.
(2) A statement of the mining operations that the applicant proposes to carry out under the lease and the measures that the applicant proposes to take to remedy damage to land that may result from the proposed mining operations must be in the form of Form 11.
(3) If the owner of a mineral claim is deceased or bankrupt or, the case of a company, is under official management or in liquidation or receivership, an application for a lease may be made by a trustee, manager, receiver or liquidator (as may be appropriate).
(2) For the purposes of subregulation (1), the class of lease must be designated by "ML" for a mineral lease or "EML" for an extractive minerals lease, as appropriate.
(3) The person must ensure that all notices relating to the claim are removed at the time that the information is recorded on the posts under subregulation (1).
(4) If approval is only given for a portion of the land comprised in a claim, the lessee must, within 14 days of the notification referred to in subregulation (1)—
redefine the boundaries of the lease, either by repositioning existing posts or by placing new posts at the corners of the area in respect of which the lease is grant; and | |
remove any posts outside the area in respect of which the lease is granted. |
(2) If a superimposed tenement covers a part of the prior tenement, the superimposed tenement must be marked out by independent posts.
(3) The annual rental payable on superimposed leases will be waived for all leases except the lease with the highest rental.
(4) If a superimposed lease is held by another party, annual rent is payable for both leases.
39. (1) An application for a retention lease must be in the form of Form 12.
(2) If the owner of a mineral claim is deceased or bankrupt or, in the case of a company, is under official management or in liquidation or receivership, an application for a lease may be made by a trustee, manager, recover or liquidator (as may be appropriate).
(2) The person must ensure that all notices relating to the claim are removed at the time that the information is recorded on the posts under subregulation (1).
(3) If approval is only given for a portion of the land comprised in a claim, the lessee must, within 14 days of the notification referred to in subregulation (1)—
redefine the boundaries of the lease, either by repositioning existing posts or by placing new posts at the corners of the area in respect of which the lease is grant; and | |
remove any posts outside the area in respect of which the lease is granted. |
41. A mining lease or a retention lease is subject to the following terms and conditions:
the lessee must pay all rates, taxes and other imposts that become payable in respect of the land; | ||||
— | ||||
| ||||
the lessee must submit to the Director, from time to time at the Director’s request, a current plan of survey of the land in the form required by the Director; | ||||
if the land is subject to a pastoral lease under the |
(2) A person who is taken to be a lessee by virtue of subregulation (1) must, during the period that applies under that subregulation, comply with all proposed terms and conditions of the lease as if the lease document had been executed.
(3) If a person fails to execute and return a lease document within 90 days of the document being forwarded to the person for execution as lessee, the Minister may, by notice in the
(3) The rent payable for a lease must be paid annually in advance to the Director at the head office of the Department of Mines and Energy at Adelaide.
(2) However, subregulation (1) does not apply in the case of a retention lease if the lessee furnishes the Director with a survey of the area of the retention lease acceptable to the Director.
(3) A survey accepted under subregulation (2) must be registered in the Mining Register.
the transferor must submit to the Minister an application for consent to transfer the lease together with a copy of the proposed instrument of transfer; | |
the instrument of transfer must be in the form of Form 13; | |
the Minister may approve or refuse the application or may require the provision of further information, including particulars of the arrangements that will apply to ensure compliance with requirements of the lease relating to the rehabilitation of land; | |
the instrument of transfer, after payment of stamp duty, must be lodged with a mining registrar, together with the transferor’s copy of the lease and the fee prescribed by schedule 2, within 30 days after the Minister gives his or her consent to the transfer, or such later time as the Mining Registrar may allow; | |
the late lodgment fee prescribed by schedule 2 is payable if an instrument of transfer is lodged with a mining registrar later than 30 days after the Minister gives his or her consent to the transfer; | |
on due receipt of the documents and fee (or fees) required under paragraphs | |
a transfer does not take effect until a memorial of the transfer is entered in the Mining Register under paragraph |
(2) If application if made to transfer a lease for which a lease document has not yet been issued, the procedure under subregulation (1) must be carried out so far as is practicable with the lease document being issued in the name of the transferee, containing any endorsements considered necessary by the Mining Registrar.
(2) The Minister may, if the Minister thinks fit, waive or reduce the notice period under
subregulation (1).
Form 15.
(2) An application for the renewal of a retention lease must be made in the form of
Form 16.
(2) However, the holder of a mineral claim is exempt from the operation of subregulation (1) if application is made for a mining lease or a retention lease until the application is determined.
(3) Unless otherwise determined by the Warden’s Court, a mining lease must, immediately after the Minister gives notice that the lease has been approved, be diligently worked—
by at least one person on the basis of at least 100 hours of work per calendar month; or | |
as specified in the lease; or | |
as approved by the Minister from time to time. |
(4) The following will be taken to be within the concept of diligently working a claim or
lease—
the performance of mining operations on the claim or lease; and | |
work associated with the extraction of, or making merchantable, minerals located within, or recovered from, the claim or lease where that work is carried out on site; and | |
the preparation, erection or maintenance of machinery or equipment used in connection with mining operations where the work is carried out on site. |
(5) In the case of a lease, work carried out by the holder of an option to purchase the lease may be counted under this regulation.
(6) The requirements of this regulation do not apply between 15 December in each and 14 March in the following year (both dates inclusive).
(2) Subject to this regulation, the working conditions of any number of mining leases of the same class held by the same person may be amalgamated for a period not exceeding seven years at any one time under the authority of an order of the Warden’s Court.
(3) The Warden’s Court may authorise the amalgamation of the working conditions of one or more claims with the working conditions of one or more leases if—
the holder of the claim or claims and the lessee is the same person; and | |
the number of claims included in the amalgamation does not exceed the number of leases. |
(4) If the Minister grants to the owner of a registered mineral claim a mining lease over the land comprised in the claim and the Warden’s Court has previously authorised the amalgamation of the claim with one or more other tenements, the authorisation will continue to apply with respect to the lease (until the date of expiry of the relevant order).
(5) A person may object to an application to amalgamate working conditions and the objection will be heard and determined by the Warden’s Court.
(6) The Warden’s Court may during the currency of an amalgamation, if satisfied that it is appropriate to do so, on application, cancel an amalgamation.
(7) The cancellation or expiry of a tenement that has been amalgamated does not cancel an amalgamation if two or more tenements remain and those tenements are contiguous.
(8) The Warden’s Court may determine that an order of the court under this regulation will be taken to have had effect from the date on which the relevant application was received by the court.
(9) If the working conditions of two or more tenements are amalgamated, the total working conditions of those tenements will be taken to have been complied with if the total number of hours required to be worked on the individual tenements are worked anywhere within the boundaries of the amalgamated tenements.
(2) A person may object to an application under subregulation (1) and the objection will be heard and determined in the Warden’s Court.
(3) The Warden’s Court may, after considering the application and any objection under subregulation (2)—
by order, approve the suspension of working conditions; or | |
reject the application. |
(4) An order under subregulation (3)
(a) —
may be given subject to conditions determined by the Warden’s Court and specified in the order; and | |
will operate for a period, not exceeding six months at any one time, specified in the order. |
(5) The Warden’s Court may determine that the order will be taken to have had effect from the date on which the relevant application was received by the court.
(6) If—
an order under subregulation (3) | |
the person who obtained the order contravenes, or fails to comply with, a condition, |
the order will be taken to have been revoked.
(7) The operation of an order for the suspension of working conditions is not affected by a transfer of the relevant claim or lease.
(8) If the Minister grants to the owner of a registered mineral claim a mining lease over the land comprised in the claim and the Warden’s Court has previously approved the suspension of working conditions on the claim, the approval will continue to apply with respect to the lease (until the date of expiry of the relevant order).
(9) A person who has obtained an order approving the suspension of working conditions may place a notice on the tenement stating that the working conditions have been suspended.
(10) This regulation does not affect the exemption from the requirement to work a tenement between 15 December in each year and 14 March in the following year but an application for the suspension of working conditions will (insofar as is relevant to the particular time of the year) be taken to include the period running between those two dates (inclusive).
the failure is due to illness, or absence on urgent work in the public interest; or | |
the failure is due to flood, drought or other act of nature; or | |
the failure is due to an order of a court that specifically prevents the person working the claim or lease. |
(2) However—
subregulation (1) | |
subregulation (1) |
(2) An approval under subregulation (1) may be given subject to directions or conditions specified by the Warden’s Court (which may include provision for the payment of compensation to the holder of the tenement that will be affected by the making, laying or use of the road or pipeline).
(3) A person must not breach, or fail to comply with, a direction or condition under
subregulation (2).
54. An exploration licence is subject to the following conditions:1
the licensee must, as soon as reasonably practicable, report to the Director the discovery on the land of minerals potentially capable of economic production; | ||||||
the licensee must conduct operations under the licence (including managing waste resulting from mining operations) in accordance with a program approved, from time to time, by the Minister designed to— | ||||||
| ||||||
the licensee must obtain the approval of the Director before any of the following occurs (or begins) in connection with operations conducted under the licence: | ||||||
| ||||||
the licensee must ensure that the use of vehicles in connection with operations conducted under the licence off existing roads or tracks or tracks approved by the Director, is kept to a minimum; | ||||||
the licensee must give written notice of the following matters to the Director: | ||||||
| ||||||
the licensee must allow an inspector or authorised person under the Act, at any reasonable time, to enter and remain on the land for the purpose of surveying the land and examining the condition of the land; | ||||||
the licensee must within 60 days after making a request to the Minister for a reduction in the area of the land in respect of which the licence operates submit to the Minister a technical report of the exploratory operations carried out in the area sought to be excluded from the licence; | ||||||
exploration or other reports, and geological data and samples, required to be submitted under the Act to the Minister or the Director must be submitted by times, and in a manner and form, determined by the Director. |
1.
ExpenditureobligationswillbeincludedinconditionsimposedbytheMinisterundersection30(1)(b)of the Act.
(2) A person who is taken to be a licensee by virtue of subregulation (1) must, during the period that applies under that subregulation, comply with all proposed terms and conditions of the licence as if the licence document had been executed.
(3) If a person fails to execute and return a licence document within 90 days of the document being forwarded to the person for execution as licensee, the Minister may, by notice in the
56. (1) The annual rental for an exploration licence is prescribed by schedule 3.
(2) The rent payable will be calculated according to the nominal area of the licence, and no allowance will be made for land that is not available for exploration.
exist, the area of land within the claim or lease will be incorporated into the area of the licence.
58. An application for a miscellaneous purposes licence must be in the form of Form 17.
(2) A post must be securely placed in the ground at each corner of the relevant area.
(3) Each post must—
be devoid of marks or writing that refers to a previous pegging; and | |
have a cross-sectional dimension equal to or exceeding 7 centimetres; and | |
project not less than 75 centimetres above the ground; and | |
clearly display a notice of the person’s intention to apply for a miscellaneous purposes licence. |
(4) The direction of the boundaries of the area must be clearly indicated by trenches, piles of stones, or substantial indicator markers fixed to each post.
(5) A person who has pegged out an area for a miscellaneous purposes licence must lodge an application for the licence within 14 days after the pegging.
(2) The person must ensure that all notices relating to the intention to apply for the licence are removed at the time that the information is recorded on the posts under subregulation (1).
(2) A person who is taken to be a licensee by virtue of subregulation (1) must, during the period that applies under that subregulation, comply with all proposed terms and conditions of the licence as if the licence document had been executed.
(3) If a person fails to execute and return a licence document within 90 days of the document being forwarded to the person for execution as licensee, the Minister may, by notice in the
63. (1) The annual rental for a miscellaneous purposes licence is prescribed by schedule 3.
(2) The rent payable will be calculated according to the nominal area of the licence, and no allowance will be made for land that is not available for use under the licence.
65. (1) The following procedures apply to the transfer of a miscellaneous purposes licence:
the transferor must submit to the Minister an application for consent to transfer the licence together with a copy of the posed instrument of transfer; | |
the instrument of transfer must be in the from of Form 18; | |
the Minister may approve or refuse the application or may require the provision of further information, including particulars of the arrangements that will apply to ensure compliance with requirements of the licence relating to the rehabilitation of land; | |
the instrument of transfer, after payment of stamp duty, must be lodged with a mining registrar, together with the transferor’s copy of the licence and the fee prescribed by schedule 2, within 30 days after the Minister gives his or her consent to the transfer, or such later time as the Mining Registrar may allow; | |
the late lodgment fee prescribed by schedule 2 is payable if an instrument of transfer is lodged within a mining registrar later than 30 days after the Minister gives his or her consent to the transfer; | |
on due receipt of the documents and fee (or fees) required under paragraphs | |
a transfer does not take effect until a memorial of the transfer is entered in the Mining Register under paragraph |
(2) If application is made to transfer a licence for which a licence document has not yet been issued, the procedure under subregulation (1) must be carried out so far as is practicable with the licence document being issued in the name of the transferee, containing any endorsements considered necessary by the Mining Registrar.
66. An application for the renewal of a miscellaneous purposes licence must be in the form
of Form 19.
67. (1) The notice of entry required under sections 58 and 58A of the Act must be in the
form of Form 20.
(2) A mining operator must retain a duplicate copy of each notice of entry served under section 58A of the Act.
(3) A mining operator must, on serving a notice of entry under section 58A of the Act, immediately record information about the service of the notice by completing on the duplicate copy of the notice the appropriate part of the form that relates to service of the notice.
(4) An agreement between a mining operator and an owner of land that provides that a prescribed notice of entry is not required under section 58A of the Act must—
be in writing; and | |
be signed by the parties to the agreement. |
Act must be in the form of Form 21.
69. If—
notice of entry is given under section 58 and 58A or notice of an intention to use declared equipment is given under section 59; and | |
no objection is made; and | |
the mining operator does not enter the land, or does not use the declared equipment (as the case may be) within 12 months of the service of the notice, |
the notice lapses (but not so as to prevent the service of a new notice).
71. A waiver of an exemption under section 9 of the Act must be in the form of Form 22.
if the waiver is negotiated prior to an application to register the tenement—at the time of making the application; | |
if the waiver is negotiated at any time thereafter—within 21 days after the negotiations are completed. |
76. (1) An application for the consent of the Minister under section 83 of the Act must be—
lodged with the Director; and | |
accompanied by the appropriate fee prescribed by schedule 2. |
(2) A mining registrar must enter a memorial in the Mining Register of a consent of the Minister under section 83 of the Act and register a copy of any instrument submitted for the purposes of an application under that section specified by the Minister.
(3) Any additional copies of an instrument registered under subregulation (2) must be endorsed by a mining registrar to the effect that a copy has been registered and then the mining registrar must return the endorsed copies to the applicant.
or effect unless or until it is registered.
(2) However, an approval of the Minister or an order of an appropriate court will be effective from the date specified in the approval or order.
78. Subject to the provisions of the Act, the appropriate court may order—
that an entry in the Mining Register be made, amended or cancelled; or | |
that an instrument be registered or that the registration of an instrument be cancelled. |
the person must lodge a copy of the instrument of divestment with the Director together with the appropriate fee prescribed by schedule 2; and | |
the parties to an instrument evidencing further dealings or charges relating to the instrument of divestment must lodge a copy of that instrument with the Director together with the appropriate fee prescribed by schedule 2. |
(2) The Director must maintain a register of these instruments and a person may, on payment of the appropriate fee prescribed by schedule 2, inspect the register and all registered instruments during the hours, and on the days, specified by the Director.
81. In this Part—"
fund " means the Extractive Areas Rehabilitation Fund;"
land " means land which, or part of which, has been disturbed by mining operations for therecovery of extractive minerals.
82. A person who has paid to the Minister royalty for extractive minerals—
who submits a plan for the rehabilitation of land that has been approved by the Chief Inspector in accordance with the provisions of the regulations under the | |
on whom an order has been made by the Chief Inspector in accordance with the provisions of the regulations under the | |
who, as a condition of an extractive minerals lease, has carried out rehabilitation work on the land, |
may apply to the Minister for a payment from the fund.
83. (1) The Minister may approve progressive payments to an applicant from the fund.(2) However, progressive payments must not be made unless the Director has certified to the
Minister—
that satisfactory rehabilitation work has been carried out; or | |
that rehabilitation work is proceeding in a satisfactory manner and that a progress payment is justified. |
(2) A payment may be made under this regulation either in respect of all or any of the expenses incurred in the rehabilitation or by way of an advance of moneys to be used to pay all or any of the estimated expenses expected to be incurred in the rehabilitation of land.
(3) If the Minister makes an advance of moneys pursuant to this regulation and any of those moneys remain unexpended one year after the time at which the advance was made, the Minister may request the unexpended moneys to be repaid to the fund and the person to which the advance was made must immediately repay the unexpended moneys.
85. (1) The Minister may impose conditions relating to a payment of money from the Fund.(2) A person to whom a payment is made must comply with any relevant condition.
a mining registrar; or | |
an inspector; or | |
a person authorised by the Mining Registrar for the purposes of this subregulation, |
for approval to remove the post.
(2) A person to whom an application is made under subregulation (1) may, if satisfied that it is appropriate to do so, authorise the removal of the post.
(3) An authorisation under subregulation (2)—
may include directions to ensure the proper definition of the boundaries of the tenement while the post is removed; and | |
may be given on conditions specified in the authorisation. |
(4) A person who has the benefit of an authorisation under subregulation (2) must comply with any directions or conditions under subregulation (3).
(5) A person (other than the holder of the relevant tenement) must not remove a post placed in the ground in order to mark a mining tenement (or an area for a mining tenement).
(6) Subregulation (5) does not apply to—
a person acting with the written permission of the holder of the tenement; or | ||||
a mining registrar, an inspector, or a person authorised by the Mining Registrar for the purposes of this subregulation, removing a post from a tenement (or the area for a tenement) if— | ||||
|
(7) A post removed under subregulation (6)
(8) The owner of a post stored under subregulation (7) may, within one month after the post was removed under subregulation (6)
(9) If a post is not recovered under subregulation (8)—
the post becomes the property of the Crown; and | |
the Minister may dispose of the post as the Minister thinks fit. |
87. (1) If—
the holder of a mining tenement discovers that the area, shape or dimensions of the tenement do not conform with these regulations; or | |
the holder of a mining tenement discovers that a portion of another tenement has been included within the boundaries of the tenement, |
the person may apply to the Warden’s Court for an order rectifying the error.
(2) The Warden’s Court may, on application under subregulation (1), if satisfied that it is appropriate to do so—
make the orders necessary to rectify the error; | |
determine, or realign, the boundaries of the tenement, and determine the manner in which those boundaries are to be delineated. |
(3) However, an application cannot be made under this regulation if proceedings for forfeiture of the tenement or otherwise concerning the validity of the tenement have already been commenced (and have not been determined).
(2) If the superimposed tenement covers a part of the prior tenement, the superimposed tenement must be marked out by independent posts.
(3) The annual rental payable on the tenements are to be waived except for the one with the
highest rental.
(4) If a superimposed lease is held by another party, the annual rental must be payable for the superimposed tenement.
(5) If application is made to register a tenement superimposed on an existing tenement, the applicant must lodge with the application a consent in writing under section 80(2) of the Act, together with particulars in writing of the agreement of the parties.
(2) However—
the obtaining of an order for the suspension of working conditions does not constitute compliance with the regulations for the purposes of subregulation (1); | |
subregulation (1) does not apply if proceedings for forfeiture of the tenement are commenced under the Act within one month after the liability to forfeiture arises and before the holder of the tenement takes steps to rectify the non-compliance. |
(3) If—
a person applies to the Warden’s Court for an order— | ||||
| ||||
on the ground that a requirement of the Act or these regulations has not been complied with; and | ||||
the Warden’s Court finds that there has been non-compliance with the Act or these regulations but that in the circumstances an order for cancellation or forfeiture should not be made, |
the court may nevertheless order the person in default to take steps to rectify the non-compliance. (4) A person to whom an order is directed under subregulation (3) must comply with the
terms of the order.
90. For the purposes of the Act, the following are offices of the Mining Registrar:
the offices of the Department of Mines and Energy at Andamooka, Coober Pedy and Mintabie; and | |
the head office of the Department of Mines and Energy at Adelaide. |
forfeits all rights in relation to the relevant tenement; and | |
is guilty of an offence. |
Maximum penalty: $1 000.
(2) A person who, in furnishing information required under the Act or these regulations,
makes a statement that is false or misleading in a material particular is guilty of an offence.
Maximum penalty: $1 000.
93. A mining return furnished in accordance with section 76 of the Act must be in the form
of Form 25.
the Act must be accompanied by the appropriate fee prescribed by schedule 2.
(2) The due date for the payment of royalty is one month after the date on which the account is rendered.
South Australian Opal Miner’s Association Inc.; | |
Coober Pedy Miner’s Association Inc.; | |
Andamooka Progress and Opal Miners Association Inc.; | |
Mintabie Miners and Progress Association Inc. |
be served on the person personally; or | ||||
be posted in an envelope addressed to the person— | ||||
| ||||
transmitted by facsimile transmission to a facsimile number provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission). |
1. Part 5
land.
of a particular case.
107. (1) The fees set out in schedule 2 are payable as specified in that schedule.
(2) The Director may, on application, in his or her discretion, waive payment of the whole or a part of a fee, or refund a fee (in whole or in part).
is guilty of an offence.
(2) A person who is guilty of an offence against these regulations for which no penalty is specifically prescribed is liable to a fine not exceeding $1 000.
111. The regulations will expire on 1 September 1998.
(Mining Regulations 1996—Regulation 7) APPLICATION FOR MINER’S RIGHT
(Please use BLOCK LETTERS)
To: The Mining Registrar
I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address for correspondence or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
apply for a miner’s right under the
1. I do not hold a current miner’s right issued under the
Mining Act 1971 .2. I am over the age of 16 years.
3. NoorderhasbeenmadebytheWarden’sCourtprohibitingmefromholdingaminer’s right.
1. Contact telephone number: | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
2. Contact facsimile number (if available): | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
3. Iftheapplicantisacompany:
| |||
|
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
or
.. .. .. .. .. .. .. .. .. .. .. .. .
(Director)
.. .. .. .. .. .. .. .. .. .. .. .. .
(Director/Secretary)
1.
If the applicant is a company, the application must bear the company’s seal and be witnessed by appropriate officers.
I certify that as a result of my enquiries I am satisfied that the person named in this application is the person whose signature appears above. (This certification is not required if the applicant is a registered company).
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Justice of the Peace, Officer of the Department
of Mines and Energy, Member of the Police Force,
Proclaimed Bank Manager or Commissioner for Taking Affidavits)
(Please use BLOCK LETTERS)
To: The Mining Registrar
I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address for correspondence or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
apply to renew | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
I certify that no order has been made by the Warden’s Court prohibiting me from holding a miner’s right.
1. Contact telephone number: | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
2. Contact facsimile number (if available): | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
3. Iftheapplicantisacompany:
| |||
|
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
or
.. .. .. .. .. .. .. .. .. .. .. .
(Director)
.. .. .. .. .. .. .. .. .. .. .. .
(Director/Secretary)
1.
If the applicant is a company, the application must bear the company’s seal and be witnessed by appropriate officers.
(Please use BLOCK LETTERS)
To: The Mining Registrar
I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Full name—please underline surname)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
that I have lost my | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
that. .. .. .. .. .. .. .. .. .. .. .. . has lost its Miner’s Right No. | .. .. .. .. .. .. . |
(Name of company)
( Strike out whichever is inapplicable)
and I make this declaration conscientiously believing the same to be true.
.. .. .. .. .. .. .. .. .. .. .. .. .. . .
(Signature)
.. .. .. .. .. .. .. .. .. .. .. .. .. . .
(Justice of the Peace, Commissioner for
Taking Affidavits, Proclaimed Bank Manager)
1. Contact telephone number: | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
2. Contact facsimile number (if available): | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
3. Ifisacompanyistheholderoftheminer’sright:
| |||
|
(Please use BLOCK LETTERS)
I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address for correspondence or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
being the holder of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
surrender this miner’s right. |
The miner’s right is attached
It is declared that the miner’s right has been | .. .. .. .. .. .. .. .. .. .. .. .. .. , thus |
preventing its presentation. |
( Strike out whichever is inapplicable)
1. Contact telephone number: | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
2. Contact facsimile number (if available): | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
3. Ifacompany:
| |||
|
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
or
.. .. .. .. .. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. .. .. .. .. . .
(Director/Secretary)
1.
If the party is a company, the surrender must bear the company’s seal and be witnessed by appropriate officers.
(Please use BLOCK LETTERS)
To: The Mining Registrar
I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address for correspondence or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
apply for registration of the mineral claim described below.
|
|
(Mineral being sought)
|
Hundred | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
Pastoral Block | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
Other | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
which is within the | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | council area. |
( Strike out if inapplicable)
A sketch plan delineating the location of the claim must be attached. The plan must show—
dimensions and bearings of claim boundaries; and
bearings and distances from land boundaries or other known points; and
the proposed means of access from a public road.
All measurements taken for the purposes of the plan must be taken with tape and compass or other survey equipment.
| ||
|
6. Ownership of land 1. (including native title claims and declarations) within area of claim The following searches2. have been conducted to establish ownership (or claims to ownership) of land within the area of the claim with the following results:.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
1.
2.
Include LTO searches and searches of the State Native Title Register and the Register of Native Title Claims kept under the
A copy of each of the following must be attached:
3. (South Australia) Act 1994 ) exists or might exist in the following land within the area of the claim (even though there is currently no registered claim to, or declaration of, native title inthe land)4. :.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
3.
4.
Include all areas in respect of which native title has not been extinguished.
The following land within the area of the claim is exempt land under section 9 of the
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
5. Please identify exempt land in the sketch plan that accompanies this application. Do not include land that has
ceased to be exempt land because of a waiver of exemption or a court determination about compensation
payable to the owner.
Waivers of exemption have been negotiated in relation to the following land within the area of the claim:
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Notice of entry was given to the following owners of the land under section 58A of the
Owners: | Date: |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Notice of entry has not been given to the following owners of the land because entry is
authorised by an agreement with those owners:
Owners:
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Notice of entry has not been given to the holders of native title in the land because entry is authorised by—
a native title mining agreement under Part 9B of the
Mining Act 1971 a native title mining determination under Part 9B of the
Mining Act 1971
| ||
| ||
|
(1) | A.C.N. No.: | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(2) | Contact person:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
or
.. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. . .
2.
If a company, the notice must bear the company’s seal and be witnessed by appropriate officers.
(Please use BLOCK LETTERS)
I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
(Full name (please underline surname) or company name of
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | , |
being the | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
(Insert class of owner)
of | Section | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
Hundred | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
Pastoral Block. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Other | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
which, under the provisions of section 9 of the
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(State specific reasons for land being exempt—See accompanying extract from Act)
have entered into an agreement with:
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(Full name (please underline surname) or company name of
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | , |
thereby allowing mining operations to be carried out on | .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(Describe the lands where the operations are to be carried out)
The agreement provides for the following operations to be carried out | .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
The agreement is *as per attached copy | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
as follows | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
I hereby waive the exemption in relation to the land from. .. ./. .. ./.. .. to. .. ./. .. ./.. . or until such time as the mining operations described above have been completed.
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | |
or |
.. .. .. .. .. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. .. .. .. .. . .
(Director/Secretary)
1.
If the owner is a company, the waiver must bear the company’s seal and be witnessed by appropriate officers.
I certify that the statements above are the matters agreed between the owner and myself as a mining operator.
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
or
.. .. .. .. .. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. .. .. .. .. . .
(Director/Secretary)
2.
If the mining operator is a company, the certificate must bear the company’s seal and be witnessed by appropriate officers.
9. (1) Subject to this section—
land that is lawfully and genuinely used— | ||
| ||
(ii) as an airfield, railway or tramway; (iii) as the grounds of a church, chapel, school, hospital or institution; or | ||
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 (iii) that is comprised within an easement in favour of the Minister of Public Works; or
(ii) that is vested in the Minister of Public Works for the purpose of waterworks; or
(bb) land that constitutes a forest reserve under theForestry Act 1950 ; or
any separate parcel of land of less than 2 000 square metres within any city, town or township; or | ||||
(d) | landthatissituated— | |||
|
commercial purpose; or
(B) a spring, well, reservoir or dam,
(but not if it is an improvement made for the purposes of mining operations),
shall be exempt from mining operations in pursuance of this Act and, unless the land ceases to be so exempt, no miner’s right, precious stones prospecting permit, claim, lease or licence shall authorise prospecting, exploring or mining upon such land (but this section does not prevent the pegging out of a claim upon such land).
(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 mining operations in pursuance of this Act by reason only of a fact or circumstance occurring or arising subsequent to the pegging out, or granting, of the claim, lease or licence, that land shall not be exempt from operations in pursuance of this Act.
(3) Where—
the person who has the benefit of an exemption under this section, by agreement with a mining operator, waives the exemption; or | |
the appropriate court, on the application of a mining operator, determines compensation to be paid by the mining operator to the person or persons who have the benefit of the exemption, |
the land shall cease to be exempt land, but the exemption shall revive upon completion of the mining operations in respect of which the agreement or determination was made or at such earlier time as may be stipulated in that agreement or determination.
(3a) An agreement or determination under subsection (3) may be made upon such terms and conditions as the parties or the appropriate court thinks fit.
(3b) The following persons shall, for the purposes of this section, be regarded as having the benefit of an exemption under this section:
the owner of the exempt land; and | |
(b) | inthecaseoflandthatisexemptfromminingoperationsundersubsection(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. |
(3c) An agreement or determination under subsection (3) is binding on—
(a) | successorsintitletothoseownersoflandwhohadthebenefitoftheformer exemption; and |
(b) | theholdersfromtimetotimeofanyminingtenementinpursuanceofwhichmining operations (being mining operations in respect of which the agreement or determination was made) are carried out. |
(4) This section does not affect any provision of the
(5) In this section—
"
mining operations " include any operations or activity for which a miscellaneous purposeslicence may be granted.
(Please use BLOCK LETTERS)
To: The Mining Registrar
TAKE NOTICE that I,. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
by virtue of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
(Insert reasons)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
claim an interest in (describe tenement) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
No.. .. .. .. .. .. .. .. affecting the tenement and I appoint | and I forbid the registration of any transfer, mortgage, lien or surrender |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
.. .. .. .. .. . as the place at which notices and proceedings relating to this caveat may be served.
1. Contact telephone number: | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
2. Contact facsimile number (if available): | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
3. Ifacompany:
| |||
|
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
or
.. .. .. .. .. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. .. .. .. .. . .
1. (Director/Secretary)
This caveat may be signed by an agent.
2.
The witness must be a Justice of the Peace, Officer of the Department of Mines and Energy, Member of the Police
Force, Proclaimed Bank Manager or Commissioner for Taking Affidavits.
3.
If a company, the caveat must bear the company’s seal and be witnessed by appropriate officers.
The above caveat was received at. .. .. . am/pm on the. .. .. .. .day of. .. .. .. .19 | .. .. . . |
with fee of. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. . .
Mining Registrar
CAVEAT BY CONSENT (Please use BLOCK LETTERS)
To: The Mining Registrar
WHEREAS | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
is the holder of (type of tenement). .. .. .. .. .. .. .. .. .. .. .. .. .. .. No. | .. .. .. .. .. . . |
AND WHEREAS | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
has agreed to purchase the right, title and interest of the first named person in and to the said
tenement on the terms stated in the annexed copy agreement IT IS AGREED between the parties
that, pending the completion of the purchase and final registration of the transfer of the tenement
to. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
this caveat will be an effectual bar to the transfer or assignment of the tenement during that period
(and no longer).
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(BOTH PARTIES TO SIGN AS FOLLOWS)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
or
.. .. .. .. .. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. .. .. .. .. . .
(Director/Secretary)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. |
or
.. .. .. .. .. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. .. .. .. .. . .
(Director/Secretary)
1.
If a party is a company, the caveat must bear the company’s seal and be witnessed by appropriate officers.
The above caveat was received at. .. .. . am/pm on the. .. .. .. .day of. .. .. .. .19 | .. .. . . |
with fee of. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. . .
Mining Registrar
[Form appears in
(Please use BLOCK LETTERS)
To: NATIVE TITLE PARTIES
ENVIRONMENT, RESOURCES AND DEVELOPMENT COURT
MINISTER FOR MINES AND ENERGY
I, | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full name (please underline surname) or company name)
of | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
(Full address or company registered address)
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
propose to carry out mining operations on the following land:
Section | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
Hundred | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
Pastoral Block. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Other | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
2. The general nature of the proposed mining operations that are to be carried out on the land is as follows:.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
3. The proposed operations are or will be authorised by the following exploration authorities and/or production tenements under theMining Act 1971 :.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
[Give details and indicate whether the authority or tenement is currently held, applied for or
proposed to be applied for.]
seek to negotiate a native title mining agreement under Part 9B of the
propose to rely on section 63O of the
will not directly interfere with the community life of the holders of native title in
the land on which the operations are to be carried out; and
will not interfere with areas or sites of particular significance, in accordance with
their traditions, to the holders of native title in the land on which the operations are
to be carried out; and
will not involve major disturbance to the land on which the operations are to be
carried out.
1. Contact telephone number: | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
2. Contact facsimile number (if available): | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
3. Ifacompany:
| |||
|
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . |
or
.. .. .. .. .. .. .. .. .. .. .. . .
(Director)
.. .. .. .. .. .. .. .. .. .. .. . .
(Director/Secretary)
1.
If a company, the notice must bear the company’s seal and be witnessed by appropriate officers.
If a native title declaration establishes who are the holders of native title in the land—the notice must be given to the registered representative of the native title holders and the relevant representative Aboriginal body for the land.
If there is no native title declaration establishing who are the holders of native title in the land—the notice must be given to all who hold or may hold native title in the land in accordance with the method set out in Part 5 of the
the notice must be given personally or by post to—
all registered representatives of holders of native title in the land (see the State Native
Title Register kept by the Registrar of the ERD Court); and
all registered representatives of persons who are registered under the law of the
Commonwealth or the State as claimants to native title in the land (see the State Native
Title Register kept by the Registrar of the ERD Court and the Commonwealth Register
of Native Title Claims); and
the relevant representative Aboriginal body (under the regulations this is the Aboriginal
Legal Rights Movement Inc. except on lands of the Maralinga Tjarutja or Anangu
Pitjantjatjara); and
the Commonwealth Minister (under the regulations this is the Attorney-General of the
Commonwealth); and
the State Minister (under the regulations this is the Attorney-General of the State); and
notice of the nature and effect of the notice (including a description of the land concerned)
must be given—
by publishing a notice (at least 4cm x 4cm) in each of the following:
a newspaper circulating generally throughout the State;
if there is a local or regional newspaper that is published at least weekly and
circulated generally in the area in which the land, or part of the land, concerned is
situated—that newspaper; and
if there is a newspaper or magazine that caters mainly or exclusively to the interests
of Aboriginal people and is published at least monthly and circulated generally in
the area in which the land, or part of the land, concerned is situated—that
newspaper or magazine; and
by informing each of the following broadcasting services of the fact that the notice has
been published and where it has been published:
a general broadcasting service that serves the area within which the land, or part of situated—that broadcasting service.
the land, is situated;
if there is a broadcasting service that caters mainly or exclusively to the interests of
1. | Application for issue or renewal of miner’s right | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | $ 40.00 |
2. | Declaration of loss | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 9.00 |
3. | Application for registration of mineral claim | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 23.00 |
4. | Application for registration or renewal of access claim | .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | $ 40.00 |
5. | Mining Lease— |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 60.00 | |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 60.00 |
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 60.00 |
6. Miscellaneous Purposes Licence—
| ||||
|
7. Retention Lease—
| ||||||
| ||||||
8. |
| |||||
9. |
| |||||
| ||||||
|
10. Application for Ministerial consent to dealing with the following:
| ||||||
| ||||||
|
11. Registration of Ministerial consent (in respect of each tenement
affected by the instrument) | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 9.00 |
12. | Application for issue of duplicate lease | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 61.00 |
13. | Application for issue of duplicate licence | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 61.00 |
14. | Late lodgment of transfer. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | $ 23.00 |
15. | Further fee for late lodgment of transfer, if lodged more than 90 days late | .. .. .. .. .. .. .. . | $ 6.00 |
16. | Lodgment of caveat | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | $ 40.00 |
17. | Withdrawal of caveat | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 40.00 |
18. | Registration of any other document. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. | $ 9.00 |
19. | Exemption from removing posts | .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . | $ 6.00 |
Rental (per annum)—
Mining lease (per hectare). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. $ 23.30 | ||||
| ||||
| ||||
Miscellaneous purposes licence (per hectare). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . $ 11.60 | ||||
| ||||
| ||||
|
Section 35A | Representations in relation to grant of lease |
Section 53 | Application for licence |
Section 54 | Compensation |
Section 58 | How entry on land may be authorised |
Section 58A | Notice of entry |
Section 61 | Compensation |
Regulation 5 | Special approval required in certain cases |
Regulation 41 | Terms and conditions of a lease |
Regulation 49 | Working conditions |
Regulation 60 | Mode of taking possession |
Regulation 61 | Display of licence number |
Regulation 64 | Maintenance of licence |
Schedule 2: | substituted by 87, 1997, reg. 3; 109, 1998, reg. 3 |
Schedule 3: | substituted by 87, 1997, reg. 3; 109, 1998, reg. 4 |
Schedule 4: | varied by 235, 1997, reg. 3 |
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