Mining Regulations 1998 (SA)

South Australia

Mining Regulations 1998

under the Mining Act 1971

These regulations may be cited as the Mining Regulations 1998.

1. (1)

   In these regulations, unless the contrary intention appears—

Act means the Mining Act 1971;

Chief Inspector means the Chief Inspector of Mines;

claim means a mineral claim or an access claim;

company means a company within the meaning of the Corporations Law;

holder, in relation to a mining tenement, means—

1. (a)

   in the case of a claim—the owner of the claim;

2. (b)

   in the case of a lease—the lessee;

3. (c)

   in the case of a licence—the licensee.

1. (2)

   The following are prescribed purposes under paragraph (a) of the definition of extractive minerals under the Act, namely chemical, cement, lime and glass manufacture, metallurgical flux, refractories, industrial fillers, and foundries, fertiliser, agricultural, jewellery and crafted ornamental uses.

2. (3)

   In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.

1. (1)

   A person must not, for the purpose of exercising a right under the Act or these regulations, enter on land that constitutes a parkland or recreation ground under the care of a council or on land dedicated or reserved by the Governor under the Crown Lands Act 1929 without the written approval of the Minister.

2. (2)

   An application for the approval of the Minister under subregulation (1) must—

   1. (a)

      be made in writing; and

   2. (b)

      state the name, nature and locality of the relevant land; and

   3. (c)

      provide details concerning the proposed operation or activity on the land.

3. (3)

   A person must not exercise a right under the Act or these regulations on a public road, street or highway without the written consent of the authority that has control of the road, street or highway.

4. (4)

   However, a consent under subregulation (3) is not required to peg out an area for a claim on land consisting (partially or entirely) of a public road, street or highway.

5. (5)

   An application to register a claim on land consisting (partially or entirely) of a public road, street or highway must be accompanied by the consent required under subregulation (3).

1. (1)

   A person who obtains a mining tenement over a part of the sea bed declared to be mineral lands under the Act is liable for, and will indemnify and keep indemnified the South Australian Government against, all actions, suits, claims and demands whatsoever resulting from the erection or placing by the person of a structure or object on or over that part of the sea bed, or the escape of a deleterious substance into the sea, while conducting mining operations associated with the mining tenement and, for this purpose, a mining tenement must not be registered or granted over a part of the sea bed unless and until the relevant…