Offshore Minerals Act 2000 (SA)

South Australia

Offshore Minerals Act 2000

An Act relating to exploration for, and the recovery of, minerals (other than petroleum) in the first 3 nautical miles of the territorial sea in respect of South Australia, and for related purposes.

Contents

Chapter 1—Introduction

Part 1.1—Legislative formalities and background

1Short title

3Commonwealth-State agreement (the Offshore Constitutional Settlement)

Part 1.2—Interpretation

Division 1—General

4Notes in the text

5Interpretation

5ALicence or other right is not personal property for the purposes of Commonwealth Act

6Shares in a licence

7Transfer of a licence

8Successor licences

9Section number not used

10Position on the Earth's surface

11Section number not used

12Power to vary and revoke instruments

Division 2—Basic concepts

13 to 15Section numbers not used

16Coastal waters, and effect of change in baseline

17Blocks

18Reserved block

19Standard block

20Tender block

21Discrete area

22Minerals

23Exploration

24Recovery

25Licence holder

26Associates

27Confidential information

28Confidential sample

Part 1.3—Administration of the Commonwealth-State offshore area

29Definitions

30Minister as member of Joint Authority, or as Designated Authority

31State officer acting under delegation

32 to 34Section numbers not used

Part 1.4—Application of this Act

35Act does not apply to exploration for or recovery of petroleum

36Section number not used

37Act applies to all individuals and corporations

Part 1.5—Interaction with Marine Parks Act 2007

37AInteraction with Marine Parks Act 2007

Chapter 2—Regulation of offshore exploration and mining

Part 2.1—General

38General prohibition on exploring and mining without appropriate authorisation

39Licences and consents available under this Act

40Steps involved in the grant of a fully effective licence

41Approval of form and manner of applications etc

42Rights to minerals recovered

43Effect of grant of licence or special purpose consent on native title

44Licence etc does not authorise unnecessary interference with other activities in the licence area

Part 2.2—Exploration licences

Division 1—General

45Exploration licences

46Activities authorised by an exploration licence

47Minister may cancel or not renew exploration licence without compensation

48Licence rights may be suspended

49Compensation for acquisition of property due to suspension of rights

Division 2—Application for and grant of exploration licence over standard block

50Application for exploration licence over standard block

51Excluded blocks

52Minister may determine that excluded block is available

53Minister may allow application for more than one discrete area

54How to apply

55Effect of inclusion of unavailable block in application

56Payment of fee

57Application must be advertised

58How multiple applications are dealt with

59Discussions about blocks applied for

60Advertising revised application

61Request for further information

62Section number not used

63Minister may provisionally grant licence

64Section number not used

65Matters to be specified in the licence

66Applicant must be notified

67Amendment of conditions

68Amendment of security requirements

69Extension of primary payment period

70Acceptance of grant of exploration licence for standard block

71Conditions applicable to licence on grant

72Lapse of provisional grant of exploration licence

Division 3—Application for and grant of exploration licence over tender block

73Matters to be determined before applications for exploration licence over tender blocks invited

74Minister may invite applications for exploration licence over tender blocks

75Tender block licence notice—exploration licence

76Application for exploration licence over tender blocks

77How to apply

78Payment of fee

79Request for further information

80Section number not used

81Minister may provisionally grant licence

82Section number not used

83Successful applicant must be notified

84Acceptance of grant of exploration licence over tender blocks

85Conditions applicable to licence on grant

86Lapse of provisional grant of exploration licence

87Provisional grant to next applicant if grant lapses

Division 4—Duration of exploration licence

88Initial term of exploration licence

89Term of renewal of exploration licence

90Effect of suspension of rights on term of exploration licence

91Effect of application for renewal on term of exploration licence

92Effect of application for retention licence or mining licence on term of exploration licence

93Effect of application for extension on term of licence

94Extension of licence—activities disrupted

95Grant of licence extension—activities disrupted

96Extension of licence—other circumstances

97Grant of licence extension—other circumstances

98Notification of decision

Division 5—Voluntary surrender of part of exploration licence area

99Voluntary surrender of blocks if discrete area remains

100Voluntary surrender of blocks if up to 3 discrete areas remain

Division 6—Application for and grant of renewal of exploration licence

101Application for renewal of exploration licence

102When application to be made

103How to apply for renewal

104Mandatory reduction of licence area on renewal of exploration licence

105Request for further information

106Payment of fee

107Section number not used

108Provisional renewal of an exploration licence

109Section number not used

110Applicant must be notified

111Amendment of conditions

112Amendment of security requirements

113Extension of primary payment period

114Acceptance of renewal of exploration licence

115Conditions applicable to licence on renewal

116Lapse of provisional renewal of exploration licence

Division 7—Obligations associated with exploration licence

117General

118Conditions of exploration licence

119No conditions requiring payment of money

120Variation of conditions

121Exemption from or suspension of conditions

122Automatic suspension of conditions if licence rights are suspended

123Work practices

124Licence holder must keep specified records etc

125Licence holder must assist inspectors

Division 8—Expiry of exploration licence

126General

127Voluntary surrender of exploration licence

128Automatic expiry of exploration licence when retention licence takes effect

129Automatic expiry of exploration licence when mining licence takes effect

130Cancellation of exploration licence

131Obligations of former exploration licence holders and former associates

Part 2.3—Retention licences

Division 1—General

132Retention licences

133Activities authorised by a retention licence

134Minister may cancel or not renew retention licence without compensation

135Licence rights may be suspended

136Compensation for acquisition of property due to suspension of rights

Division 2—Application for and grant of retention licence

137Application for retention licence

138How to apply

139Payment of fee

140Application must be advertised

141Request for further information

142Section number not used

143Minister may provisionally grant licence

144Section number not used

145Grounds for granting retention licence

146Matters to be specified in the licence

147Applicant must be notified

148Amendment of conditions

149Amendment of security requirements

150Extension of primary payment period

151Acceptance of grant of retention licence

152Conditions applicable to licence on grant

153Lapse of provisional grant of retention licence

Division 3—Duration of retention licence

154Initial term of retention licence

155Term of renewal of licence

156Effect of application for renewal on term of retention licence

157Effect of application for mining licence on term of retention licence

Division 4—Voluntary surrender of part of retention licence area

158Voluntary surrender of blocks if discrete area remains

Division 5—Application for and grant of renewal of retention licence

159Application for renewal of retention licence

160When application to be made

161How to apply for renewal

162Request for further information

163Payment of fee

164Section number not used

165Provisional renewal of retention licence

166Section number not used

167Matters that may be taken into account

168Refusal of application for renewal

169Applicant must be notified

170Amendment of conditions

171Amendment of security requirements

172Extension of primary payment period

173Acceptance of renewal of retention licence

174Conditions applicable to licence on renewal

175Lapse of provisional renewal of retention licence

Division 6—Obligations associated with retention licence

176General

177Conditions of retention licence

178No conditions requiring payment of money

179Variation of conditions

180Exemption from or suspension of conditions

181Automatic suspension of conditions if licence rights are suspended

182Significant changes in circumstances to be reported to Minister

183Work practices

184Licence holder must keep specified records etc

185Licence holder must assist inspectors

Division 7—Expiry of retention licence

186General

187Voluntary surrender of retention licence

188Automatic expiry of retention licence when mining licence takes effect

189Cancellation of retention licence, breach of condition etc

190Cancellation of retention licence, mining activities viable

191Obligations of former retention licence holders and former associates

Part 2.4—Mining licences

Division 1—General

192Mining licences

193Activities authorised by a mining licence

194Minister may cancel or not renew mining licence without compensation

195Licence rights may be suspended

196Compensation for acquisition of property due to suspension of rights

Division 2—Application for and grant of mining licence over standard blocks

197Application for mining licence over vacant standard block

198Holder of exploration licence or retention licence may apply for mining licence

199How to apply

200Effect of inclusion of unavailable block in applications

201Payment of fee

202Application must be advertised

203How multiple applications are dealt with

204Request for further information

205Section number not used

206Minister may provisionally grant licence

207Section number not used

208Refusal of application for mining licence made under section 198

209Matters to be specified in the licence

210Applicant must be notified

211Amendment of conditions

212Amendment of security requirements

213Extension of primary payment period

214Acceptance of grant of mining licence for standard block

215Conditions applicable to licence on grant

216Lapse of provisional grant of mining licence

Division 3—Application for and grant of mining licence over tender block

217Matters to be determined before applications for mining licence over tender blocks invited

218Minister may invite applications for mining licence over tender blocks

219Tender block licence notice—mining licence

220Application for mining licence over tender blocks

221How to apply

222Payment of fee

223Request for further information

224Section number not used

225Minister may provisionally grant licence

226Section number not used

227Successful applicant must be notified

228Acceptance of grant of mining licence over tender blocks

229Conditions applicable to licence on grant

230Lapse of provisional grant of mining licence

231Provisional grant to next applicant if grant lapses

Division 4—Duration of mining licence

232Initial term of mining licence

233Term of renewal of licence

234Effect of application for renewal on term of mining licence

Division 5—Voluntary surrender of part of mining licence area

235Voluntary surrender of blocks if discrete area remains

Division 6—Application for and grant of renewal of mining licence

236Application for renewal of mining licence

237When application to be made

238How to apply for renewal

239Request for further information

240Payment of fee

241Section number not used

242Provisional renewal of mining licence

243Section number not used

244Matters that may be taken into account

245Refusal of application for renewal

246Applicant must be notified

247Amendment of conditions

248Amendment of security requirements

249Extension of primary payment period

250Acceptance of renewal of mining licence

251Conditions applicable to licence on renewal

252Lapse of provisional renewal of mining licence

Division 7—Obligations associated with mining licence

253General

254Conditions of mining licence

255No conditions requiring payment of money

256Variation of conditions

257Exemption from or suspension of conditions

258Automatic suspension of conditions if licence rights are suspended

259Work practices

260Licence holder must pay royalty

261Licence holder must keep specified records

262Licence holder must assist inspectors

Division 8—Expiry of mining licence

263General

264Voluntary surrender of mining licence

265Cancellation of mining licence

266Obligations of former mining licence holders and former associates

Part 2.5—Works licences

Division 1—General

267Works licences

268Activities authorised by a works licence

269Minister may cancel or not renew works licence without compensation

Division 2—Application for and grant of works licence

270Application for works licence

271How to apply

272Payment of fee

273Applicant to notify licence holders affected by the application

274Application must be advertised

275Section number not used

276Minister may provisionally grant licence

277Section number not used

278Matters to be specified in the licence

279Applicant must be notified

280Amendment of conditions

281Amendment of security requirements

282Extension of primary payment period

283Acceptance of grant of works licence

284Conditions applicable to works licence on grant

285Lapse of provisional grant of works licence

Division 3—Duration of works licence

286Initial term of works licence

287Term of renewal of works licence

288Effect of application for renewal on term of works licence

Division 4—Application for and grant of renewal of works licence

289Application for renewal of works licence

290When application to be made

291How to apply for renewal

292Payment of fee

293Section number not used

294Provisional renewal of works licence

295Section number not used

296Applicant must be notified

297Amendment of conditions

298Amendment of security requirements

299Extension of primary payment period

300Acceptance of renewal of works licence

301Conditions applicable to works licence on renewal

302Lapse of provisional renewal of works licence

Division 5—Obligations associated with works licence

303General

304Conditions of works licence

305No conditions requiring payment of money

306Variation of conditions

307Exemption from or suspension of conditions

308Work practices

309Licence holder must keep specified records etc

310Licence holder must assist inspectors

Division 6—Expiry of works licence

311General

312Voluntary surrender of works licence

313Cancellation of works licence

314Obligations of former works licence holders and former associates

Part 2.6—Special purpose consents

315Special purpose consents

316Activities authorised by a special purpose consent

317Application for a consent

318How to apply

319Payment of fee

320Applicant must obtain agreement of exploration, retention and mining licence holders affected by the application

321Applicant to notify works licence holders affected by the application

322Section number not used

323Minister may grant special purpose consent

324Section number not used

325Matters to be specified in the consent

326Duration of consent

327Conditions of consent

Chapter 3—Registration and dealings

Part 3.1—Registration

Division 1—Preliminary

328Register to be kept

329Document files to be kept

330Form of register and document file

331Correction of errors in the register

332Inspection of register and documents

Division 2—Matters to be entered in register

Subdivision A—Licences

333Licences

334Renewal of licences

335Extension of exploration licences

336Expiry of licences

337Variations etc to licences

338Transfer of licences

339Other dealings in licences

340Devolution of licences

Subdivision B—Caveats

341Effect of a caveat

342Lodgment of caveats

343Form of caveat

344Payment of fee

345Caveat to be registered

346Withdrawal of caveat

347Form of withdrawal

348Duration of caveat

349Notice to caveat holder

350Caveat holder may consent to registration

351Orders that can be made by Supreme Court in relation to caveats

Division 3—Miscellaneous

352Section number not used

352ASection number not used

353Protection from legal actions

354Application to Supreme Court for correction of register

355Section number not used

356Section number not used

357Evidentiary value of register

358Certified copy of document on document file

359Certification of registration action

Part 3.2—Dealings in licences

Division 1—Dealings in licences to be in writing and registered

360Dealings in licences to be in writing

361Dealings in interests in licences not effective until registered

Division 2—Approval of transfer of licences

362Transfers require approval by Minister

363Application for approval of transfer

364Minister may ask for further information

365Minister's response to application for approval

366Protection from legal actions

Chapter 4—Administration

Part 4.1—Information management

367Minister may ask person for information

368Power to ask person to appear

369Power to examine on oath or affirmation

370Minister may ask for documents

371Minister may ask for samples

372Obligation to comply with request under section 367, 368, 369, 370 or 371

373Immunity from use of information etc given in response to request under section 367, 368, 369, 370 or 371

374Restrictions on release of confidential material

375Circumstances in which confidential material may be released

376Certain reports to be made available

Part 4.2—Monitoring and enforcement

Division 1—Inspections

377Compliance inspections

378Powers exercisable in course of inspection

379Inspection of licence-related premises etc without warrant

380Inspection of other premises etc with occupier's consent

381Inspection of other premises etc with warrant

382Procedure for obtaining warrant

383Further provisions as to exercise of powers under warrant

384Occupier to cooperate with inspector

Division 2—Directions

385Directions by Minister must be obeyed

386Scope of directions

387Minister may give directions

388Direction may incorporate material in another document

389Direction may impose absolute prohibition

390Direction may extend to associates

391Holder to give notice of direction to associates

392Power to give directions after licence etc ends

393Effect of directions on other instruments

394Minister may specify time for compliance

395Minister may take action if holder fails to comply

396Costs incurred by Minister in taking action under section 395

397Defences to actions to recover debts

Division 3—Securities

398Securities

399Determination of requirement to lodge security

400Application of security

Division 4—Restoration of environment

401Removal of property from coastal waters

402Rehabilitation of damaged areas

Division 5—Safety zones

403Declaration of safety zone around a structure or equipment

404Effect of declaration of safety

405 to 420Section numbers not used

Part 4.3—Inspectors

421Appointment of inspectors

422Identity cards

423Return of identity card

Part 4.4—Licence fees and royalty

Division 1—Licence fees

424Definition

425Licence fees

426Limit on amount of fees

427Time for payment

Division 2—Royalty

428Definition

429Royalty

430Rate of royalty

431Reduction of royalty in certain cases

432Fixing of landed value

433Fixing of quantity

434Time for payment

435State to pay 40 per cent of royalties to Commonwealth

Division 3—Penalties and recovery

436Penalty if fee or royalty overdue

437Fees etc recoverable as debts

Chapter 5—Miscellaneous

438State functions under Part 5.1 of Commonwealth Act

439Delegation by Minister

440False statements

441Service of documents on licence holders etc

442Regulations

Schedule 1—Area in which coastal waters are situated

Legislative history

The Parliament of South Australia enacts as follows:

Chapter 1—Introduction

Part 1.1—Legislative formalities and background

1—Short title

This Act may be cited as the Offshore Minerals Act 2000.

3—Commonwealth-State agreement (the Offshore Constitutional Settlement)

(1)The Commonwealth and the States have agreed that—

(a)Commonwealth offshore mining legislation should be limited to the area that is outside State coastal waters; and

(b)the States should share, in the manner provided by the Offshore Minerals Act 1994 of the Commonwealth, in the administration of the Commonwealth offshore mining legislation; and

(c)State offshore mining legislation should apply to State coastal waters beyond the baseline for the territorial sea (that is, the first 3 nautical miles of the territorial sea); and

(d)the Commonwealth and the States should try to maintain, as far as practicable, common principles, rules and practices in regulating and controlling offshore mining beyond the baseline of Australia's territorial sea.

Notes—

1So far as the agreement relates to petroleum, it is reflected in this State's legislation by the Petroleum (Submerged Lands) Act 1982.

2Some sections of the Commonwealth Act contain provisions that are not relevant to the operation of this Act. To keep uniformity between this Act and the Commonwealth Act the numbers of the sections that are not relevant up to section 423 have not been used in the numbering of this Act. A section of this Act and the corresponding section of the Commonwealth Act up to section 423 will therefore have the same number. From section 424 onwards the two Acts differ significantly and uniformity of numbering has not been maintained.

(2)Other Acts that provide background in this State to the agreement (commonly referred to as the "Offshore Constitutional Settlement") are—

(a)the Seas and Submerged Lands Act 1973, the Coastal Waters (State Powers) Act 1980, the Coastal Waters (State Title) Act 1980 and the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; and

(b)the Petroleum (Submerged Lands) Act 1982 of this State.

Notes—

1The Seas and Submerged Lands Act 1973—

•declares and enacts that the sovereignty in respect of the territorial sea and the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;

•gives the Governor-General power to declare, by proclamation, the limits of the territorial sea;

•declares and enacts that the sovereignty in respect of waters of the sea that are on the landward side of the baseline of the territorial sea (but not within the limits of a State) and in respect of the associated airspace, seabed and subsoil is vested in and exercisable by the Crown in right of the Commonwealth;

•declares and enacts that the sovereign rights of Australia as a coastal State in respect of the Continental Shelf of Australia (for the purpose of exploring it and exploiting its natural resources) are vested in and exercisable by the Crown in right of the Commonwealth;

•gives the Governor-General power to declare, by proclamation, the limits of the Continental Shelf of Australia.

2The Coastal Waters (State Powers) Act 1980 was enacted following a request from the Parliaments of all the States under paragraph 51 (xxxviii) of the Constitution of the Commonwealth and provides that the legislative powers exercisable under the Constitution of each State extend to the making of certain laws that would operate offshore.

3The Coastal Waters (State Title) Act 1980 vests in each State certain property rights in the seabed beneath the coastal waters of the State.

4The Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the Petroleum (Submerged Lands) Act 1982 of this State make provision, based on the agreement referred to in subsection (1), for the licensing regime that applies to the exploration for and recovery of petroleum in coastal waters and offshore areas of this State.

Part 1.2—Interpretation

Division 1—General

4—Notes in the text

Notes in this Act are provided to assist understanding and do not form part of the Act.

5—Interpretation

In this Act, unless the contrary intention appears—

approved means approved by the Minister under section 41;

associate has the meaning given by section 26(1);

associated agent of a holder has the meaning given by section 26(3);

associated agent of an associated contractor has the meaning given by section 26(4);

associated contractor of a holder has the meaning given by section 26(2);

associated employee of an associated contractor has the meaning given by section 26(6);

associated employee of a holder has the meaning given by section 26(5);

block means a portion of the coastal waters constituted according to section 17;

caveat on a licence means a caveat against—

(a)the registration of dealings in relation to the licence; or

(b)the registration of a person as a holder of the licence under section 340;

coastal waters has the meaning given by section 16(1) and (2);

Commonwealth Act means the Offshore Minerals Act 1994 of the Commonwealth;

Commonwealth Minister means a Minister of State for the Commonwealth;

compliance inspection has the meaning given by section 377;

confidential information has the meaning given by section 27;

confidential sample has the meaning given by section 28;

consent area means the block or blocks specified in a special purpose consent;

dealing in a licence means a transaction that creates, transfers, affects or otherwise deals with an interest in the licence and includes—

(a)a transfer of the licence; and

(b)a transfer of a share in the licence,

but does not include a document that comes within section 337(1) other than a document by which a block or a licence is surrendered;

discrete area has the meaning given by section 21;

document file means a document file kept for the purposes of Part 3.1;

exploration has the meaning given by section 23;

holder of a licence has the meaning given by section 25(1);

hydrocarbon means a hydrocarbon whether in a gaseous, liquid or solid state;

inspector means an inspector appointed under section 421;

interest in relation to a licence, includes—

(a)an equitable interest in the licence; and

(b)a security interest in the licence;

licence means—

(a)an exploration licence; or

(b)a retention licence; or

(c)a mining licence; or

(d)a works licence;

licence area means the block or blocks covered by a licence;

licence holder has the meaning given by section 25(1);

mineral has the meaning given by section 22;

offshore exploration or mining activities means—

(a)the exploration for minerals in coastal waters; or

(b)the recovery of minerals from coastal waters; or

(c)activities carried out in coastal waters under a works licence;

offshore mining register means a register kept for the purposes of Part 3.1;

petroleum means—

(a)a hydrocarbon or a mixture of hydrocarbons; or

(b)a mixture of one or more hydrocarbons and one or more of the following—

(i)hydrogen sulphide;

(ii)nitrogen;

(iii)helium;

(iv)carbon dioxide;

primary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which the applicant is given a written notice—

(a)in the case of the grant of an exploration licence, under section 66; and

(b)in the case of the renewal of an exploration licence, under section 110; and

(c)in the case of the grant of a retention licence, under section 147; and

(d)in the case of the renewal of a retention licence, under section 169; and

(e)in the case of the grant of a mining licence, under section 210; and

(f)in the case of the renewal of a mining licence, under section 246; and

(g)in the case of the grant of a works licence, under section 279; and

(h)in the case of the renewal of a works licence, under section 296;

provisional holder means a person who has been provisionally granted a licence;

recovery has the meaning given by section 24;

registered means registered in an offshore mining register;

reserved block means a block that is declared to be reserved under section 18;

responsible Commonwealth Minister means the Commonwealth Minister who is responsible for the administration of the Commonwealth Act;

sample of the seabed or subsoil includes a core or cutting from the seabed or subsoil;

secondary payment period for the provisional grant or provisional renewal of a licence means the period of 30 days after the day on which an extension of the primary payment period for the grant or renewal concerned ends;

share in a licence has the meaning given by section 6(1), (2) and (3);

special purpose consent means a consent granted under Part 2.6;

standard block has the meaning given by section 19;

State Minister means—

(a)a Minister of State for a State; or

(b)a Minister of State for the Northern Territory;

successor licence to a licence has the meaning given by section 8;

surrender day for an exploration licence means—

(a)the day on which the initial term of the licence ends; or

(b)a day on which the term of a renewal of the licence ends;

tender block has the meaning given by section 20;

transfer—

(a)when used in relation to a licence, has the meaning given by section 7(1); and

(b)when used in relation to a share in a licence, has the meaning given by section 7(2) and (3);

vary a licence condition includes revoke or suspend.

5A—Licence or other right is not personal property for the purposes of Commonwealth Act

A right, entitlement or authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.

6—Shares in a licence

(1)A person has a share in a licence if the person is the holder, or one of the holders, of the licence.

(2)If a holder is entitled to a particular percentage of the value of the rights conferred by a licence, that percentage is the holder's share in the licence.

Note—

A sole holder has a 100 per cent share in the licence.

(3)If—

(a)a person is a registered holder of a licence; and

(b)the person is shown in an offshore mining register as being entitled to a specified percentage of the value of the rights conferred by the licence,

the person's share in the licence is taken to be the percentage specified in the register.

7—Transfer of a licence

(1)For the purposes of this Act, a licence is transferred if—

(a)the licence has only one holder and the holder transfers the whole of the licensee's interest in the licence to another person or other persons; or

(b)the licence has 2 or more holders and the holders all transfer the whole of their interests in the licence to another person or other persons.

(2)For the purposes of this Act, a share in a licence is transferred if—

(a)the licence has only one holder and the holder transfers a part of the holder's share in the licence to another person or other persons; or

(b)the licence has 2 or more holders and—

(i)some, but not all, of the holders transfer the whole of their shares in the licence to another person; or

(ii)some or all of the holders transfer a part of their shares in the licence to another person.

(3)The other person referred to in subsection (2)(b) may be an existing licence holder.

8—Successor licences

(1)If—

(a)a mining licence takes effect immediately after an exploration licence expires; and

(b)the holder of the mining licence immediately after it takes effect was the holder of the exploration licence immediately before it expired,

the mining licence is a successor licence to the exploration licence.

(2)If—

(a)a retention licence takes effect immediately after an exploration licence expires; and

(b)the holder of the retention licence immediately after it takes effect was the holder of the exploration licence immediately before it expired,

the retention licence is a successor licence to the exploration licence.

(3)If—

(a)a mining licence takes effect immediately after a retention licence expires; and

(b)the retention licence took effect immediately after an exploration licence expired; and

(c)the holder of the mining licence immediately after it takes effect was the holder of the retention licence immediately before it expired; and

(d)the holder of the retention licence immediately after it took effect was the holder of the exploration licence immediately before it expired,

the mining licence is a successor licence to the exploration licence and the retention licence.

9—Section number not used

See note 2 to section 3(1).

10—Position on the Earth's surface

(1)This is how the position of a point, line or area on the Earth's surface is to be worked out for the purposes of this Act and subordinate instruments—

(a)the position is to be worked out by reference to a spheroid that—

(i)has a major (equatorial) radius of 6,378,160 metres; and

(ii)has a flattening of 100/29825; and

(b)the Johnston Geodetic Station in the Northern Territory is taken to be located 571.2 metres above the point on the surface of the spheroid that is at—

(i)133°12′30.0771″ East Longitude; and

(ii)25°56′54.5515″ South Latitude.

(2)In subsection (1)—

subordinate instrument means—

(a)the regulations; and

(b)instruments made under this Act and the regulations.

11—Section number not used

See note 2 to section 3(1).

12—Power to vary and revoke instruments

(1)A provision of this Act that confers a power to do something in writing is also taken to confer the power to revoke or amend the written document by which that thing is done.

(2)The power to revoke or amend—

(a)must also be exercised in writing; and

(b)is subject to the same procedural requirements as the original power; and

(c)is subject to the same conditions as those that governed the exercise of the original power.

Division 2—Basic concepts

13 to 15—Section numbers not used

Sections 13 to 15—See note 2 to section 3(1).

16—Coastal waters, and effect of change in baseline

(1)Subject to this section, the coastal waters of the State are so much of the area described in Schedule 1 as is constituted by the first 3 nautical miles of the territorial sea from the baseline.

(2)The coastal waters do not include any waters that are inside the baseline.

(3)If—

(a)a licence has been granted on the basis that an area is within coastal waters; and

(b)there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

(c)as a result of the change to, or reassessment of the location of, the baseline, the area ceases to be within coastal waters,

this Act applies as if the area were still within coastal waters.

(4)Subsection (3) continues to apply to the area only while the licence (and any successor licence) remains in force.

(5)If—

(a)a licence under the Commonwealth Act has been granted on the basis that an area is within the offshore area under the Commonwealth Act; and

(b)there is a change to the baseline or, because new data is obtained or existing data is reconsidered, the location of the baseline is reassessed; and

(c)as a result of the change to, or reassessment of the location of, the baseline, the area—

(i)ceases to be within the offshore area under the Commonwealth Act; and

(ii)falls within coastal waters,

this Act does not apply to the area.

(6)Subsection (5) continues to apply to the area only while the licence under the Commonwealth Act (and any successor licence within the meaning in that Act) remains in force.

(7)This Act has effect subject to section 8 of the Mining Act 1971.

(8)In this section—

baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the State) as for the time being determined under section 7(1)(b) of the Seas and Submerged Lands Act 1973 of the Commonwealth.

Note—

•Generally the baseline is the lowest astronomical tide along the coast but it also includes lines enclosing bays and indentations that are not bays and straight baselines that depart from the coast. See Australia's territorial sea baseline published 1988 by the Australian Government Printing Service.

•The baseline encloses Spencer Gulf, Gulf St. Vincent, Investigator Strait and Backstairs Passage by a line from the mainland to the western end of Kangaroo Island, along the southern coast of Kangaroo Island and then from the eastern end of the island to the mainland.

17—Blocks

This is how a block is constituted in coastal waters—

(a)assume that there is laid over the coastal waters a grid constituted by—

(i)lines running along meridians drawn through each degree of longitude and the minutes between those degrees; and

(ii)lines running along parallels drawn through each degree of latitude and the minutes between those degrees;

(b)take a bounded space defined by the grid;

(c)the seabed and subsoil within the coastal waters that is under that space is a block.

18—Reserved block

(1)Subject to subsection (2), the Minister may declare that a block in coastal waters is a reserved block.

Notes—

1A reserved block may be put up for tender by the Minister publishing in the Gazette a tender block licence notice (see sections 74 and 218).

2Section 10(c) of the Interpretation Act 1984 allows a single declaration under this subsection to be made in respect of 2 or more blocks.

(2)A declaration under subsection (1) must not be made in relation to a block if—

(a)a licence over that block is in force; or

(b)an application for a licence over that block has been made and has not been determined.

(3)A declaration under subsection (1) must be made by notice published in the Gazette.

19—Standard block

A standard block is a block that is not the subject of a declaration under section 18(1).

20—Tender block

A tender block is a block that is the subject of a tender block licence notice published by the Minister under section 74 or section 218.

21—Discrete area

(1)A group of blocks forms a discrete area if the area formed by the blocks is continuous.

(2)Two blocks that are joined at one point only do not form a continuous area.

22—Minerals

(1)A mineral is a naturally occurring substance or a naturally occurring mixture of substances.

Note—

This Act does not apply to petroleum (see section 35).

(2)Without limiting subsection (1), a mineral may be in the form of sand, gravel, clay, limestone, rock, evaporites, shale, oil-shale or coal.

23—Exploration

(1)For the purposes of this Act, exploration for minerals includes any activity that is directly related to the exploration for minerals.

(2)For the purposes of this Act, exploration does not include the exploration for minerals of the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971.

24—Recovery

(1)For the purposes of this Act, recovery of minerals includes any activity that is directly related to the recovery of minerals.

(2)For the purposes of this Act, recovery does not include the recovery of minerals from the subsoil of coastal waters that is carried out by means of underground mining from land in the State if that exploration is carried out in accordance with the Mining Act 1971.

25—Licence holder

(1)References in this Act to the holder of a licence or the licence holder are references to the person whose name is entered in the offshore mining register as the person who holds the licence.

Notes—

1This Act is based upon the grant and registration of licences.

2If a licence is granted to a person, that person's name is entered in the register (see section 333).

3The entry in the register in relation to a licence will be varied if there is a change in the holder of the licence (see section 338(4)).

(2)A licence may be held by more than one person.

26—Associates

(1)For the purposes of this Act, the following are the associates of a licence holder—

(a)associated contractors of the holder;

(b)associated agents of the holder;

(c)associated agents of associated contractors;

(d)associated employees of the holder;

(e)associated employees of associated contractors.

(2)A person is an associated contractor of the holder if—

(a)the person enters into an agreement with the holder for carrying out activities under the licence; or

(b)the person enters into an agreement with a person who is an associated contractor under paragraph (a) or this paragraph for carrying out activities under the licence.

(3)A person is an associated agent of the holder if the person is the agent of, or acts on behalf of, the holder in relation to carrying out activities under the licence.

(4)A person is an associated agent of an associated contractor if the person is the agent of, or acts on behalf of, the associated contractor in relation to carrying out activities under the licence.

(5)A person is an associated employee of the holder if the person is employed by the holder and, in the course of that employment, carries out activities under the licence.

(6)A person is an associated employee of an associated contractor if the person is employed by the associated contractor and, in the course of that employment, carries out activities under the licence.

27—Confidential information

(1)For the purposes of this Act, information is confidential information if—

(a)a licence holder has given it to the Minister; and

(b)it is in a record, return, report or document; and

(c)it relates to activities authorised by the licence; and

(d)it relates to an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence.

(2)However, if—

(a)a person is required to give the Minister a report in relation to particular blocks; and

(b)the person gives the Minister a report that relates not only to those blocks but also to other blocks; and

(c)the Minister is required to make the report available under section 376,

the information that relates to those other blocks is not confidential information.

28—Confidential sample

For the purposes of this Act, a sample is a confidential sample if—

(a)a licence holder has given it to the Minister; and

(b)it was recovered in the course of activities authorised by the licence; and

(c)it was recovered from an area of the seabed or subsoil that is covered by the licence or a successor licence to the licence.

Part 1.3—Administration of the Commonwealth-State offshore area

29—Definitions

In this Part—

associated revenue Act has the same meaning as in the Commonwealth Act;

Commonwealth-State offshore area means the Commonwealth-State offshore area in respect of the State within the meaning of section 13 of the Commonwealth Act.

30—Minister as member of Joint Authority, or as Designated Authority

(1)The Minister may perform any function that the Minister has under the Commonwealth Act or an associated revenue Act—

(a)as a member of the Joint Authority for the Commonwealth-State offshore area provided for by section 32(2) of the Commonwealth Act; or

(b)as the Designated Authority for that area provided for by section 29(2) of that Act.

(2)The Minister must perform any such function that the Minister is required to perform by the Commonwealth Act or an associated revenue Act.

31—State officer acting under delegation

A public sector employee within the meaning of the Public Sector Act 2009 to whom a delegation is made under section 419 of the Commonwealth Act may perform any function that the officer has under that delegation and must perform any such function that the officer is required to perform under the Commonwealth Act.

32 to 34—Section numbers not used

Sections 32 to 34—See note 2 to section 3(1).

Part 1.4—Application of this Act

35—Act does not apply to exploration for or recovery of petroleum

This Act does not apply to the exploration for or recovery of petroleum.

Notes—

1For petroleum see section 5.

2Offshore petroleum exploration and mining are regulated by the Petroleum (Submerged Lands) Act 1967 of the Commonwealth and the Petroleum (Submerged Lands) Act 1982 of this State.

36—Section number not used

See note 2 to section 3(1).

37—Act applies to all individuals and corporations

(1)This Act applies to all individuals, including—

(a)individuals who are not Australian citizens; and

(b)individuals who are not resident in South Australia.

(2)This Act applies to all corporations, including—

(a)corporations that are not incorporated in South Australia; and

(b)corporations that do not carry on business in South Australia.

Part 1.5—Interaction with Marine Parks Act 2007

37A—Interaction with Marine Parks Act 2007

The Minister must, in the administration of this Act, take into account the objects of the Marine Parks Act 2007 (insofar as any activities or proposed activities relate to an area that forms part of a marine park under that Act).

Chapter 2—Regulation of offshore exploration and mining

Part 2.1—General

38—General prohibition on exploring and mining without appropriate authorisation

A person must not—

(a)explore for minerals in coastal waters; or

(b)recover minerals from coastal waters,

unless the exploration or recovery is authorised by a licence or special purpose consent granted under this Act.

Maximum penalty: $30 000.

Note—

A works licence may be necessary because exploration includes activities that are directly related to exploration (see section 23(1)) and recovery includes activities that are directly related to recovery (see section 24(1)).

39—Licences and consents available under this Act

This Act provides for the grant of—

(a)exploration licences (see Part 2.2); and

(b)retention licences (see Part 2.3); and

(c)mining licences (see Part 2.4); and

(d)works licences (see Part 2.5); and

(e)special purpose consents (see Part 2.6).

Notes—

1An exploration licence is designed to cover the exploration phase of a project and authorises—

•exploration; and

•the recovery of mineral samples.

2A retention licence is designed to ensure the retention of rights pending the transition of a project from the exploration phase to the commercial mining phase and authorises—

•exploration; and

•the recovery of minerals but not as part of a commercial mining operation.

3A mining licence is designed to cover the commercial mining phase of a project and authorises—

•exploration; and

•full commercial recovery.

4A project might make use of any of the following 3 licence arrangements—

•an exploration licence leading to a mining licence;

•an exploration licence leading to a retention licence and then a mining licence;

•a mining licence (without progressing through an exploration/retention licence stage).

5A licence is granted over a particular area (constituted by blocks). The licence holder may need to carry out engineering or other activities outside the licence area. If so, the licence holder or someone else must obtain a works licence to carry out those activities.

6If a person wants to carry out—

•a scientific investigation; or

•a reconnaissance survey; or

•the collection of only small amounts of minerals,

in coastal waters, the person must obtain a special purpose consent under Part 2.6 to carry out the activity.

7Even though a person has a licence or special purpose consent, the person must not interfere unnecessarily with navigation, native title, fishing, resource conservation or other activities in the area (see section 44).

40—Steps involved in the grant of a fully effective licence

(1)The following 3 steps must occur before a licence comes into force—

(a)provisional grant of the licence;

(b)proper acceptance of the grant;

(c)registration of the grant.

Note—

See section 88, 154, 232 and 286.

(2)If a licence is provisionally granted to a person, the person must do the following to properly accept the grant—

(a)give the Minister a written acceptance;

(b)lodge any security that the Minister has required;

(c)pay the fee that is payable under section 425.

Note—

See sections 70, 84, 151, 214, 228 and 283.

(3)The following 3 steps must occur before a renewal of a licence comes into force—

(a)provisional renewal of the licence;

(b)proper acceptance of the renewal;

(c)registration of the renewal.

Note—

See sections 89, 155, 233 and 287.

(4)If a licence is provisionally renewed, the holder must do the following to properly accept the renewal—

(a)give the Minister a written acceptance of the renewal;

(b)lodge any security that the Minister has required;

(c)pay the fee that is payable under section 425.

Note—

See sections 114, 173, 250 and 300.

41—Approval of form and manner of applications etc

(1)The Minister may approve the form and the manner in which the following are to be made—

(a)applications for licences over blocks in coastal waters;

(b)applications for the renewal of licences over blocks in coastal waters.

(2)An approval under subsection (1) is to be made in writing.

42—Rights to minerals recovered

(1)Any minerals recovered by a licence holder or special purpose consent holder from a block covered by the licence or consent become the property of the holder when they are recovered.

(2)If the licence or consent authorises the exploration for and the recovery of minerals only of a particular kind, subsection (1) only applies to the recovery of minerals of that kind.

(3)Subsection (1) does not apply to the recovery of minerals by a works licence holder.

(4)The minerals recovered are not subject to the rights of any other person.

(5)Subsection (4) does not apply to rights that the licence or consent holder transfers to the other person.

43—Effect of grant of licence or special purpose consent on native title

(1)The grant of a licence or special purpose consent does not extinguish native title in the licence or consent area.

(2)While a licence or special purpose consent is in force over an area, native title in the area is subject to the rights conferred by the licence or consent.

(3)If compensation is payable under section 24NA(6) of the Native Title Act 1993 of the Commonwealth in respect of the grant of a licence or special purpose consent under this Act, the person who applied for the grant of the licence or consent is declared in terms of subsection (7)(b) of that section to be liable to pay the compensation.

44—Licence etc does not authorise unnecessary interference with other activities in the licence area

A person who carries out activities in coastal waters under a licence or special purpose consent granted under this Act must not do so in a way that interferes with—

(a)navigation; or

(b)the exercise of native title rights and interests; or

(c)fishing; or

(d)the conservation of the resources of the sea or the seabed; or

(e)any activities that someone else is lawfully carrying out,

to a greater extent than is necessary for—

(f)the reasonable exercise of the person's rights under the licence or consent; or

(g)the performance of the person's duties under the licence or consent.

Maximum penalty: $10 000.

Note—

The person referred to here might be the licence or consent holder or might be an associated person.

Part 2.2—Exploration licences

Division 1—General

45—Exploration licences

(1)This Part provides for the grant of exploration licences over blocks in coastal waters.

(2)An exploration licence may be granted over a standard block (see Division 2) or over a tender block (see Division 3).

Note—

A tender block is a block that has been declared available for tender. A standard block is any block that is not a reserved block (see sections 19 and 20).

46—Activities authorised by an exploration licence

(1)Subject to subsection (2), an exploration licence holder may—

(a)explore for minerals in the licence area; and

(b)take samples of minerals in the licence area.

Note—

Under section 23(1) the concept of exploration extends to activities that are directly related to exploration.

(2)If the licence is expressed to restrict the kind of minerals covered by the licence, the holder is not permitted to explore for, or to take samples of, minerals not covered by the licence.

(3)A restriction on the kind of minerals covered by the licence may be inclusive (for example, only minerals A, B and C) or exclusive (for example, all minerals except A, B and C).

(4)For the purposes of subsection (2), the holder does not take samples of an excluded mineral if, in the course of exploring for, or taking samples of, another mineral, the holder recovers some excluded mineral.

47—Minister may cancel or not renew exploration licence without compensation

No compensation is payable because of the cancellation or non-renewal of an exploration licence by the Minister.

Notes—

1The Minister may cancel the licence under section 130.

2The Minister may refuse under section 108 to renew the licence.

48—Licence rights may be suspended

(1)The Minister must suspend particular rights conferred by an exploration licence if the Minister is satisfied that it is necessary in the public interest to do so.

(2)The Minister may suspend rights under subsection (1) for a specified period or for an indefinite period.

(3)The Minister may end a suspension at any time.

(4)A suspension or the ending of a suspension must be in writing.

(5)If the Minister—

(a)suspends rights conferred by an exploration licence; or

(b)ends a suspension,

the Minister must give the licence holder a written notice that informs the holder of the suspension or the ending of the suspension.

Note—

See section 122 for the effect of the suspension on the obligations associated with the licence.

(6)A suspension takes effect when—

(a)the holder has been given notice of the suspension under subsection (5); and

(b)the suspension has been registered under section 337.

49—Compensation for acquisition of property due to suspension of rights

(1)If—

(a)the Minister suspends licence rights under section 48; and

(b)the suspension results in the acquisition of property from a person; and

(c)the State and the person agree on an amount of compensation for the acquisition,

the State must pay the person the agreed amount of compensation.

(2)If—

(a)the Minister suspends licence rights under section 48; and

(b)the suspension results in the acquisition of property from a person; and

(c)the State and the person do not agree on an amount of compensation for the acquisition; and

(d)the person brings an action for compensation against the State in the Supreme Court,

the State must pay the person the amount of compensation (if any) that is determined by that court.

(3)In this section—

acquisition of property has the same meaning as it has in section 51(xxxi) of the Commonwealth Constitution.

Division 2—Application for and grant of exploration licence over standard block

50—Application for exploration licence over standard block

(1)A person may apply to the Minister for an exploration licence over a standard block if—

(a)the block is vacant; and

(b)the block is not excluded.

Note—

For excluded blocks see section 51.

(2)A standard block is vacant if no exploration, retention or mining licence is in force over the block.

(3)A person may apply for an exploration licence over a group of standard blocks if—

(a)the group forms a discrete area; and

(b)there are not more than 500 blocks in the group.

Note—

The Minister may, in certain circumstances, allow an application to be made for an exploration licence covering up to 3 discrete areas (see section 53).

51—Excluded blocks

(1)A block is excluded if—

(a)an exploration licence over the block has been surrendered or cancelled; and

(b)a period of 30 days after the day on which the licence was surrendered or cancelled has not ended.

(2)A block is excluded for a particular applicant if—

(a)the applicant previously applied for an exploration licence over the block; and

(b)the application was refused; and

(c)a period of 6 months after the day on which the previous application was refused has not ended.

(3)A block is excluded for a particular applicant if—

(a)the applicant was previously the holder of an exploration, retention or mining licence over the block; and

(b)that previous licence was surrendered or cancelled; and

(c)a period of 6 months after the day on which the previous licence was surrendered or cancelled has not ended.

(4)A block is excluded for a particular applicant if—

(a)the applicant was previously the holder of an exploration, retention or mining licence over the block; and

(b)the holder was—

(i)required by the licence conditions; or

(ii)given a direction under section 387 or 392,

to provide the Minister with information; and

(c)the holder provided the information; and

(d)the holder surrendered the licence; and

(e)a period of 6 months from the day on which the holder provided the information has not ended.

52—Minister may determine that excluded block is available

(1)A person who wants to apply for an exploration licence over a block that is excluded may apply to the Minister for a determination under subsection (2).

(2)The Minister may determine that the person may apply for the licence over the block despite section 51.

(3)The determination is to be made in writing.

53—Minister may allow application for more than one discrete area

(1)If—

(a)a person (the first applicant) applies for an exploration licence; and

(b)another person (the second applicant) subsequently applies for an exploration licence for a group of blocks that includes a block covered by the application made by the first applicant; and

(c)an exploration licence is then granted to the first applicant; and

(d)as a result of the grant, the blocks for which the second applicant can be granted an exploration licence no longer form a discrete area,

the second applicant may apply to the Minister for approval for the application to proceed even though the blocks it covers no longer form a discrete area.

Note—

See also section 59.

(2)Subject to subsection (3), the Minister may approve the application proceeding even though the blocks that the application covers do not form a discrete area.

(3)The Minister may give an approval under subsection (2) only if the blocks covered by the application form not more than 3 discrete areas.

54—How to apply

(1)The application must—

(a)be made in accordance with the approved form; and

(b)be made in the approved manner; and

(c)specify the blocks for which the application is made; and

(d)include details of—

(i)the activities that the applicant intends to carry out on the block or blocks covered by the application; and

(ii)the amount of money that the applicant intends to spend on those activities; and

(iii)the technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and

(iv)the technical advice available to the applicant; and

(v)the financial resources available to the applicant; and

(vi)if the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and

(e)be accompanied by maps that—

(i)relate to the blocks; and

(ii)comply with the regulations; and

(f)specify an address for service of notices under this Act and the regulations.

Notes—

1For paragraphs (a) and (b) see section 41.

2Paragraph (c): the Minister may, after consulting the applicant, vary the blocks applied for (see section 59).

(2)The applicant may include in the application any other information that the applicant thinks is relevant.

55—Effect of inclusion of unavailable block in application

If—

(a)a person applies for a licence over a group of standard blocks; and

(b)because of section 18, 50 or 51 an exploration licence cannot be granted over one or more of the blocks in the group,

the Minister may still deal with the application to the extent to which the application covers blocks for which an exploration licence can be granted.

Note—

An exploration licence cannot be granted over a block that is not vacant or is excluded (see sections 50 and 51) or over a reserved block (see section 18).

56—Payment of fee

(1)The applicant must pay the application fee prescribed by the regulations.

(2)The fee must be paid when the application is made.

(3)The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.

57—Application must be advertised

(1)The applicant must advertise the application in a newspaper circulating throughout the State.

(2)The advertisement must contain—

(a)the applicant's name and address; and

(b)a map and description of the blocks applied for that are sufficient for the blocks to be identified; and

(c)the address of the Minister; and

(d)a statement—

(i)that the applicant has applied for an exploration licence over the blocks described in the notice; and

(ii)that invites comment from the public on the application; and

(iii)that requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.

(3)The advertisement must be published—

(a)as soon as possible after the applicant makes the application; and

(b)in any case, subject to subsection (4), within 14 days after the day on which the applicant makes the application.

(4)If—

(a)the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and

(b)the Minister extends the period,

the advertisement must be published within the period as extended by the Minister.

58—How multiple applications are dealt with

(1)Subject to subsection (2), if a block is covered by 2 or more applications for an exploration or mining licence, the Minister must deal with the applications in the order in which they are made.

Note—

See also section 203.

(2)If—

(a)the applications are lodged within a particular time of each other; and

(b)the time is less than the time prescribed by the regulations,

the Minister must determine the order in which the applications are to be dealt with by drawing lots in the way prescribed by the regulations.

59—Discussions about blocks applied for

(1)The Minister may ask the applicant to discuss with the Minister the blocks covered by the application.

(2)The request under subsection (1) must be—

(a)made in writing; and

(b)given to the applicant.

(3)If, after discussions, the Minister and the applicant agree on the blocks to be covered by the application, the applicant is taken to have applied for an exploration licence over the blocks agreed on.

(4)The Minister must give the applicant written confirmation of the agreement as soon as possible after the agreement is reached.

(5)The Minister may include in the written confirmation a direction that the applicant must advertise the revised application under section 60.

(6)If the Minister and the applicant do not agree on the blocks to be covered by the application—

(a)the Minister may make a written determination specifying the blocks to be covered by the application; and

(b)the applicant is taken to have applied for an exploration licence over the blocks specified in the determination.

(7)The Minister may include in the written determination a direction that the applicant must advertise the revised application under section 60.

(8)If the Minister makes a determination under subsection (6), the Minister must give a copy of the determination to the applicant as soon as possible after the determination is made.

60—Advertising revised application

(1)If—

(a)the application has been revised under section 59; and

(b)the applicant has been given a direction under section 59(5) or (7),

the applicant must advertise the revised application in a newspaper circulating throughout the State.

(2)The advertisement must contain—

(a)the applicant's name and address; and

(b)a map and description of the blocks covered by the revised application that are sufficient for the blocks to be identified; and

(c)the address of the Minister; and

(d)a statement—

(i)that the applicant has applied for an exploration licence over the blocks described in the notice; and

(ii)that invites comment from the public on the application; and

(iii)that requests that comments be sent to the applicant and the Minister within 30 days after the day on which the advertisement is published.

(3)The advertisement must be published—

(a)if the Minister and the applicant agree on the blocks applied for under section 59(3), as soon as possible after the applicant is given written confirmation of the agreement under section 59(4); or

(b)if the Minister makes a determination of the blocks applied for under section 59(6), as soon as possible after the applicant is given a copy of the determination under section 59(8),

but in any case, subject to subsection (4), within 14 days after the applicant is given the confirmation or copy.

(4)If—

(a)the applicant applies to the Minister within the 14 day period referred to in subsection (3) for an extension of the period; and

(b)the Minister extends the period,

the advertisement must be published within the period as extended by the Minister.

61—Request for further information

(1)The Minister may ask the applicant for further information about the application.

(2)The request must—

(a)be in writing; and

(b)be given to the applicant; and

(c)specify the time within which the information must be provided.

(3)Information requested under subsection (1) must be provided—

(a)in writing; and

(b)within the time specified in the request.

62—Section number not used

See note 2 to section 3(1).

63—Minister may provisionally grant licence

If the applicant does what is required by sections 54 to 61, the Minister may—

(a)provisionally grant an exploration licence to the applicant; or

(b)refuse the application.

Note—

Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration). The grant will not be registered until it has been properly accepted (see section 70 for proper acceptance).

64—Section number not used

See note 2 to section 3(1).

65—Matters to be specified in the licence

The licence must specify—

(a)the blocks covered by the licence; and

(b)the term of the licence; and

(c)the licence conditions.

Note—

For the term of a licence see section 88.

66—Applicant must be notified

(1)The Minister must give the applicant written notice of a decision under section 63.

(2)If the Minister provisionally grants an exploration licence—

(a)the Minister must give the licence to the provisional holder; and

(b)the notice under subsection (1) must contain the following information—

(i)notification of any determination under section 399 that the provisional holder must lodge a security;

(ii)notification that the provisional grant will lapse unless the provisional holder, before the end of the primary payment period—

(A)gives the Minister a written acceptance of the grant; and

(B)lodges any security required under section 399; and

(C)pays the fee that must be paid for the licence under section 425.

67—Amendment of conditions

(1)If the provisional holder is dissatisfied with a licence condition, the provisional holder may ask the Minister to amend the condition.

(2)The request must be made within 30 days after the day on which the provisional holder is given the licence under section 66.

(3)If a request is made under subsection (1), the Minister may amend the licence condition and, with the consent of the provisional holder, any other licence condition.

(4)The Minister must give the provisional holder written notice of a decision under this section.

68—Amendment of security requirements

(1)If the provisional holder—

(a)is notified of a security requirement; and

(b)is dissatisfied with the amount of the security required,

the provisional holder may ask the Minister to make a new determination under section 399.

(2)The request must be made within 30 days after the day on which the provisional holder is given notice under section 66.

(3)If a request is made under subsection (1), the Minister may make a new determination under section 399.

(4)The Minister must give the provisional holder written notice of the new determination.

69—Extension of primary payment period

(1)If the provisional holder makes a request under section 67 or 68, the provisional holder may ask the Minister to extend the primary payment period.

(2)The request must be made within 30 days after the day on which the provisional holder is given notice under section 66.

(3)If the Minister agrees to the request, the Minister must—

(a)determine the period of the extension; and

(b)give the provisional holder a written notice of the period of the extension.

70—Acceptance of grant of exploration licence for standard block

(1)The provisional grant of the exploration licence is properly accepted by the provisional holder if, before the required time, the provisional holder—

(a)gives the Minister a written acceptance of the grant; and

(b)lodges any security required under section 399; and

(c)pays the fee that must be paid for the licence under section 425.

Note—

Under section 88, the grant of the licence cannot be effective before it is registered (see section 333 for registration).

(2)The required time under subsection (1) is the end of the primary payment period or, if the provisional holder has been granted an extension of the primary payment period under section 69, the end of the secondary payment period.

71—Conditions applicable to licence on grant

If the provisional grant of the licence is properly accepted under section 70, it is subject to—

(a)the conditions specified in the licence given to the applicant under section 66; or

(b)if the Minister amended those conditions under section 67, those conditions as amended.

72—Lapse of provisional grant of exploration licence

If the provisional grant of the licence is not properly accepted under section 70, the provisional grant lapses.

Division 3—Application for and grant of exploration licence over tender block

73—Matters to be determined before applications for exploration licence over tender blocks invited

If the Minister proposes to invite applications for the grant of an exploration licence over reserved blocks, the Minister must, before inviting the applications, determine—

(a)the procedure and criteria that the Minister will adopt to allocate the licence; and

(b)the amount of security that will be required for the licence under section 399; and

(c)the licence conditions.

74—Minister may invite applications for exploration licence over tender blocks

(1)Subject to subsection (2), the Minister may invite applications for the grant of an exploration licence over reserved blocks.

(2)Applications may be invited for a licence covering a group of reserved blocks only if the group forms a discrete area.

(3)The Minister is to invite applications by publishing a tender block licence notice for the licence in the Gazette.

75—Tender block licence notice—exploration licence

(1)A tender block licence notice for an exploration licence must—

(a)specify the blocks to be covered by the licence; and

(b)specify the period within which applications may be made; and

(c)specify the procedure and criteria that the Minister will adopt to allocate the licence; and

(d)specify the amount of security that the successful applicant will be required to lodge; and

(e)include a statement to the effect that information about—

(i)the security that the successful applicant will be required to lodge; and

(ii)the licence conditions,

may be obtained from the Minister.

(2)Without limiting subsection (1)(c), the Minister may for the purposes of that paragraph specify that the tender will be determined on the basis of either or both of the following—

(a)the nature and extent of the exploration activity proposed to be carried out;

(b)the amount of money offered for the licence.

(3)The tender block licence notice may specify not more than 500 blocks for the exploration licence.

76—Application for exploration licence over tender blocks

If a tender block licence notice has been published inviting applications for an exploration licence, a person may apply to the Minister for the licence.

77—How to apply

(1)The application must—

(a)be made in accordance with the approved form; and

(b)be made in the approved manner; and

(c)be made before the end of the period specified in the tender block licence notice; and

(d)address the criteria specified under section 75(1)(c);

(e)include details of—

(i)the technical qualifications of the applicant and of the applicant's employees who are likely to be involved in activities authorised by the licence; and

(ii)the technical advice available to the applicant; and

(iii)the financial resources available to the applicant; and

(iv)if the licence is to be held by more than one person, the share in the licence that each prospective holder will hold; and

(f)specify an address for service of notices under this Act and the regulations.

Note—

For paragraphs (a) and (b) see section 41.

(2)The applicant may include in the application any other information that the applicant thinks is relevant.

78—Payment of fee

(1)The applicant must pay the application fee prescribed by the regulations.

(2)The fee must be paid when the application is made.

(3)The Minister may refund any fee paid under subsection (1) but only if the Minister is satisfied that special circumstances exist that justify the refund of the fee.

(3)Subject to subsection (1), the Minister is to deal with a security in accordance with the regulations.

Division 4—Restoration of environment

401—Removal of property from coastal waters

(1)The regulations may provide for—

(a)the removal from coastal waters of property that—

(i)has been brought into coastal waters for use in offshore exploration or mining activities; and

(ii)is not being used and is not intended to be used in exploration or mining activities in accordance with a licence; and

(b)the disposal by the Minister of property removed under regulations made for the purposes of paragraph (a); and

(c)the recovery of costs and expenses incurred by the Minister or another person in removing or disposing of property in accordance with regulations made for the purposes of paragraph (a) and (b).

Note—

For offshore exploration or mining activities see section 5.

(2)Regulations made for the purposes of subsection (1)(a) may provide for removal by the Minister or by someone else.

(3)Regulations made for the purposes of subsection (1)(c) may provide for the recovery of costs by way of deduction from the proceeds of the disposal.

(4)Subject to the regulations, no action lies in respect of the removal or disposal of property in accordance with the regulations.

(5)In this section—

property includes a structure or equipment.

402—Rehabilitation of damaged areas

(1)The regulations may provide for—

(a)the rehabilitation of an area in coastal waters that has been damaged or affected by offshore exploration or mining activities of a licence holder; and

(b)the recovery of costs and expenses incurred by the Minister in rehabilitating an area under regulations made for the purposes of paragraph (a).

(2)Regulations made for the purposes of subsection (1)(a) may provide for the rehabilitation to be carried out by the Minister or someone else.

(3)Regulations made for the purposes of subsection (1)(b) may provide for the recovery of costs and expenses by way of deduction from the licence holder's security.

Division 5—Safety zones

403—Declaration of safety zone around a structure or equipment

(1)The Minister may, by notice published in the Gazette, establish a safety zone around a structure or equipment in coastal waters.

(2)A safety zone may only be established for the purpose of protecting the structure or equipment.

(3)The safety zone may extend not more than 500 metres from the outer edge of the structure or equipment.

(4)The notice may apply to—

(a)all vessels; or

(b)all vessels except those specified in the notice.

404—Effect of declaration of safety

(1)If a safety zone is established by notice under section 403, a vessel to which the notice applies is not to enter or remain in the safety zone without the written consent of the Minister.

(2)If a consent is given under subsection (1) on conditions, a vessel to which the consent applies is to enter or remain in the safety zone only in accordance with the conditions.

(3)The owner of a vessel and the person in command or in charge of a vessel each commit an indictable offence if the vessel enters or remains in a safety zone in contravention of subsection (1) or (2).

Maximum Penalty: Imprisonment for five years.

(4)The Magistrates Court may hear and determine proceedings for an offence against subsection (3) as a summary offence if the Court is satisfied that it is appropriate to do so, and the defendant and the prosecutor consent.

(5)Where, in accordance with subsection (3), the Magistrates Court convicts a person of the offence, the person is liable to a maximum penalty of a fine of $10 000 or imprisonment for 2 years.

(6)It is a defence to a prosecution of a person for an offence against subsection (3) if the person satisfies the Court that—

(a)an unforeseen emergency made it necessary for the vessel to enter or remain in the safety zone to attempt to secure the safety of—

(i)a human life; or

(ii)the vessel; or

(iii)another vessel; or

(iv)a well, pipeline, structure or equipment; or

(b)the vessel entered or remained in the safety zone in circumstances beyond the control of the person who was in command or in charge of the vessel (for example, adverse weather).

(7)It is a defence to a prosecution of the owner of a vessel for an offence against subsection (3) if the owner satisfies the Court that the owner—

(a)did not aid, abet, counsel or procure the vessel's entering or remaining in the safety zone; and

(b)was not in any way, directly or indirectly, knowingly concerned in, or party to, the vessel's entering or remaining in the safety zone.

405 to 420—Section numbers not used

Sections 405 to 420—see note 2 to section 3(1).

Part 4.3—Inspectors

421—Appointment of inspectors

(1)The Minister may appoint a person who is a public sector employee within the meaning of the Public Sector Act 2009 to be an inspector for the purposes of this Act and the regulations.

Note—

Inspectors have powers under sections 367, 368, 369, 370, 371, 378, 379, 380 and 381.

(2)The appointment must be in writing.

422—Identity cards

(1)The Minister must issue an inspector with an identity card.

(2)The card must—

(a)contain a recent photograph of the inspector; and

(b)be in the form approved by the Minister.

423—Return of identity card

(1)A person who stops being an inspector must, as soon as is practicable, return the person's identity card to the Minister or to an official specified by the Minister in a written notice given to the person.

(2)A person must not contravene subsection (1) without reasonable excuse.

Maximum penalty: $100.

Part 4.4—Licence fees and royalty

Division 1—Licence fees

424—Definition

In this Division—

year, in relation to the period when a licence is in force, means—

(a)the period of 12 months commencing on (and including) the day on which the provisional grant of the licence is properly accepted; or

(b)a period of 12 months commencing on (and including) an anniversary of that day; or

(c)a period of less than 12 months that—

(i)commences on (and includes)—

(A)the day on which the provisional grant of the licence is properly accepted; or

(B)an anniversary of that day; and

(ii)ends on the expiry of the licence.

425—Licence fees

(1)A licence holder must pay a fee to the Minister for each year during which the licence is in force.

(2)Subject to section 426, the amount of the fee for each kind of licence is to be as prescribed by the regulations for that kind of licence.

(3)If the licence has 2 or more holders, the holders are jointly and severally liable to pay the fee.

426—Limit on amount of fees

(1)The amount of the fee for an exploration licence for a year is not to exceed whichever is the greater of—

(a)$2 000; or

(b)the amount obtained by multiplying $100 by the number of blocks covered by the licence at the beginning of the year.

(2)The amount of the fee for a retention licence for a year is not to exceed the amount obtained by multiplying $1 000 by the number of blocks covered by the licence at the beginning of the year.

(3)The amount of the fee for a mining licence for a year is not to exceed the amount obtained by multiplying $1 000 by the number of blocks covered by the licence at the beginning of the year.

(4)The amount of the fee for a works licence for a year is not to exceed $100 for each hectare or part of a hectare of the area specified in the licence under section 278(1)(c).

427—Time for payment

The fee for a year becomes payable one month after the day on which the year begins.

Division 2—Royalty

428—Definition

In this Division—

royalty period, in relation to a mining licence, means—

(a)the period from (and including) the day on which the licence takes effect to (and including) the next 30 June or 31 December whichever is the earlier; and

(b)each period of 6 months after that period.

429—Royalty

A person who is or has been a mining licence holder must pay to the Minister a royalty for all minerals recovered by the holder under the licence.

430—Rate of royalty

(1)Subject to this section, the Minister may, by instrument in writing, determine the rate of royalty payable for a mineral of a kind specified in the instrument.

(2)Without limiting subsection (1), the rates of royalty determined under that subsection may include a rate that is related to the landed value, or to the quantity, of the mineral.

(3)A rate of royalty determined under subsection (1) applies in relation to any mineral of the relevant kind recovered under a mining licence during the period when the rate is in force.

(4)A determination of a rate of royalty under subsection (1) takes effect on the day on which the instrument of determination is published in the Gazette.

431—Reduction of royalty in certain cases

(1)The Minister may determine a rate of royalty that is lower than the rate determined under section 430 for—

(a)a particular kind of mineral; or

(b)all minerals recovered under a particular mining licence.

(2)A determination is to be made by instrument in writing and is to specify the period for which the lower rate is to be in force.

(3)A determination may only be made under this section if the Minister is satisfied that recovery of the kind of mineral to which it applies would be uneconomic at the rate determined under section 430.

432—Fixing of landed value

For the purposes of this Division, the landed value of a mineral is—

(a)an amount agreed between the mining licence holder and the Minister; or

(b)if there is no agreement within such period as the Minister allows, an amount determined by the Minister by instrument in writing.

433—Fixing of quantity

For the purposes of this Division, the quantity of any mineral recovered by a mining licence holder during a royalty period is—

(a)the quantity agreed between the holder and the Minister; or

(b)if there is no agreement within such period as the Minister allows, the quantity determined by the Minister by instrument in writing.

434—Time for payment

Royalty for any mineral recovered during a royalty period is payable within one month after the last day of that royalty period.

435—State to pay 40 per cent of royalties to Commonwealth

(1)The State is to pay to the Commonwealth 40 per cent of royalties received under this Division.

(2)Payments under subsection (1) are to be made not later than the end of the month that follows the month in which the royalties were received.

(3)In this section—

royalty includes any penalty for late payment of royalty.

Division 3—Penalties and recovery

436—Penalty if fee or royalty overdue

(1)Subject to this section, a licence holder must pay a penalty to the Minister in respect of any fee or amount of royalty that the holder fails to pay when it becomes payable.

(2)The penalty is to be calculated—

(a)on the amount of the fee or royalty that remains unpaid; and

(b)at the rate of 0.33 per cent for each day during which the fee or royalty is unpaid.

(3)A penalty is not payable under subsection (1) on an amount of royalty in respect of any period until 7 days after—

(a)the landed value of the mineral has been agreed or determined under section 432, where the rate of royalty is related to the landed value of the mineral; or

(b)the quantity of the mineral has been agreed or determined under section 433, where the rate of royalty is related to the quantity of the mineral recovered.

437—Fees etc recoverable as debts

The State may recover the amount of any fee, royalty or penalty payable under this Part in a court of competent jurisdiction as a debt due to the State.

Chapter 5—Miscellaneous

438—State functions under Part 5.1 of Commonwealth Act

(1)A State court may exercise any jurisdiction that is conferred on the court by the Commonwealth Act.

(2)A State authority may perform any function that it is necessary for the authority to perform to give effect to Part 5.1 of the Commonwealth Act.

(3)In this section—

State authority means—

(a)the Governor in Executive Council;

(b)a Minister of the Crown in right of the State;

(c)a department or other administrative unit of the Public Service of the State;

(d)an agency, authority or instrumentality established under a written law of the State;

(e)a person holding or exercising the powers of an office established under a written law of the State;

(f)an officer or employee of—

(i)an agency, authority or instrumentality referred to in paragraph (d); or

(ii)a person referred to in paragraph (e);

(g)an officer appointed, or a person employed, under any other written law of the State;

(h)any other person or entity prescribed by the regulations to be a State authority for the purposes of this section;

State court means a court or other tribunal of the State.

439—Delegation by Minister

(1)The Minister may by signed instrument delegate to a person the performance of all or any of the functions of the Minister under—

(a)this Act; or

(b)regulations made under this Act.

(2)A delegation under this section may be made to the person who holds, or performs the duties of, a specified office under the Commonwealth or the State.

(3)If the Minister delegates the performance of a function under this section, the delegation continues in force despite—

(a)a vacancy in the office of Minister; or

(b)a change in the identity of the holder of the office of Minister.

(4)A copy of each instrument making, varying or revoking a delegation under this section must be published in the Gazette.

440—False statements

A person must not in connection with—

(a)any application or request to the Minister; or

(b)the lodgment of any document,

under this Act give any information or make any statement—

(c)that the person knows to be false in a material particular; or

(d)that is false in a material particular and that the person does not believe to be true.

Penalty: $10 000.

441—Service of documents on licence holders etc

(1)A document that is to be given to a licence holder may be given to the holder by posting it to the address that is the holder's registered address for service.

Note—

See section 333 for registration of an address for service.

(2)A document that is to be given to an applicant for a licence may be given to the applicant by posting it to the address that the applicant specified in the applicant's application for the licence.

442—Regulations

(1)The Governor may make regulations prescribing all matters—

(a)required or permitted by this Act to be prescribed; or

(b)necessary or convenient to be prescribed for giving effect to this Act.

(2)Without limiting subsection (1), the regulations may provide for—

(a)the control of offshore exploration and mining activities; and

(b)procedures for giving notice to persons whose interests might be affected by the grant of a licence or special purpose consent; and

(c)the conservation and protection of the mineral resources of coastal waters; and

(d)the remedying of—

(i)damage caused to the seabed or subsoil in coastal waters by offshore exploration and mining activities; or

(ii)damage caused by the escape of substances as a result of offshore exploration and mining activities; and

(e)the protection of the environment; and

(f)the keeping of records and samples; and

(g)the giving of records and samples to the Minister for inspection; and

(h)the making of returns; and

(i)the imposition and recovery of fees for access to reports under section 376.

Note—

For offshore exploration or mining activities see section 5.

(3)For the purposes of subsection (2), the control of offshore exploration and mining activities extends to the control of—

(a)the construction, maintenance and operation of installations used in or for use in offshore exploration and mining activities; and

(b)the flow or discharge of fluids arising from offshore exploration and mining activities; and

(c)the safety, health and welfare of persons working in offshore exploration and mining activities; and

(d)the maintenance of structures, equipment and property used in or for use in offshore exploration and mining activities.

Note—

For offshore exploration or mining activities see section 5.

(4)For the purposes of subsection (2)(b), interests that might be affected by the grant of a licence include native title rights and interests that might be affected by the grant of the licence.

(5)The regulations may provide for offences against the regulations.

(6)The penalties provided for offences against the regulations are not to exceed—

(a)a fine of $1 000; or

(b)a fine of $1 000 for each day on which the offence is taken to continue.

(7)In this section—

control includes restrict.

Schedule 1—Area in which coastal waters are situated

(Section 16(1))

The area the boundary of which commences at a point that is the intersection of the coastline at mean low water by the boundary between the States of South Australia and Victoria and runs thence southerly along the meridian through that point to its intersection by the parallel of latitude 38°10′ south, thence south-westerly along the geodesic to a point of latitude 38°15′ south, longitude 140°53′ east, thence south-westerly along the geodesic to a point of latitude 38°35′30″ south, longitude 140°44′37″ east, thence south-westerly along the geodesic to a point of latitude 38°40′48″ south, longitude 140°40′44″ east, thence south-westerly along the geodesic to a point of latitude 44° south, longitude 136°29′ east, thence westerly along the parallel of latitude 40° south to its intersection by the meridian of longitude 129° east, thence northerly along that meridian to its intersection by the parallel of latitude 31°45′ south, thence northerly along the geodesic to the intersection of the coastline at mean low water by the boundary between the States of South Australia and Western Australia, thence along the coastline of the State of South Australia at mean low water to the point of commencement.

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or amended by principal Act

The Offshore Minerals Act 2000 amended the following:

Aboriginal Heritage Act 1988

Construction Industry Training Fund Act 1993

Development Act 1993

Fisheries Act 1982

Heritage Act 1993

Mining Act 1971

National Parks and Wildlife Act 1972

Occupational Health, Safety and Welfare Act 1986

Stamp Duties Act 1923

Wilderness Protection Act 1992

Principal Act and amendments

New entries appear in bold.

Year	No	Title	Assent	Commencement
2000	11	Offshore Minerals Act 2000	4.5.2000	4.5.2002 (s 7(5) Acts Interpretation Act 1915)
2007	60	Marine Parks Act 2007	29.11.2007	Sch 1 (cl 43)—6.11.2008 (Gazette 6.11.2008 p5055)
2009	84	Statutes Amendment (Public Sector Consequential Amendments) Act 2009	10.12.2009	Pt 101 (ss 246 & 247)—1.2.2010 (Gazette 28.1.2010 p320)
2011	11	Statutes Amendment (Personal Property Securities) Act 2011	14.4.2011	Pt 20 (s 52)—16.6.2011 (Gazette 16.6.2011 p2610)

Provisions amended

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Ch 1
Ch 1 Pt 1.1
s 2	omitted under Legislation Revision and Publication Act 2002
s 5A	inserted by 11/2011 s 52	16.6.2011
Ch 1 Pt 1.3
s 31	amended by 84/2009 s 246	1.2.2010
Ch 1 Pt 1.5	inserted by 60/2007 Sch 1 cl 43	6.11.2008
Ch 4 Pt 4.3
s 421
s 421(1)	amended by 84/2009 s 247	1.2.2010
Sch 2	omitted under Legislation Revision and Publication Act 2002

Historical versions

6.11.2008

1.2.2010