South Australian Consolidated Acts South Australian Consolidated Acts20—Mining operations on the lands
(1) Notwithstanding
the provisions of any other Act, a person who, without permission under this
section—
(a)
carries out mining operations upon the lands; or
(b)
enters the lands for the purpose of carrying out mining operations,
shall be guilty of an offence and liable to a penalty not exceeding the
maximum prescribed by subsection (2).
(2) The maximum
penalty for an offence against subsection (1) is a fine of ten thousand
dollars plus one thousand dollars for each day during which the convicted
person—
(a)
carried out unlawful mining operations on the lands; or
(b)
remained on the lands after the unlawful entry.
(2a) A person who,
having permission to carry out mining operations upon part only of the lands,
carries out mining operations on some other part of the lands without the
permission of A n angu Pitjantjatjara Yankunytjatjara acts in contravention of
subsection (1)(a).
(3) An application for
permission to carry out mining operations upon the lands—
(a) may
be made only by a person who has applied for a mining tenement in respect of
the lands or a part of the lands and has been notified by the Minister of
Mines and Energy that he approves the making of an application under this
section; and
(b) must
be in writing and lodged with the Executive Board; and
(c) must
contain, or be accompanied by, all information submitted by the applicant to
the Minister of Mines and Energy in support of his application for a
mining tenement.
(4) The applicant
shall, at the request of A n angu Pitjantjatjara Yankunytjatjara, furnish in
writing such further information as it may reasonably require to determine the
application.
(5) The applicant
shall, as soon as practicable after making his application, or furnishing
information under subsection (4), send to the Minister of Mines and
Energy a copy of the application or of the document by which the information
was furnished.
(6) Upon an
application under this section, A n angu Pitjantjatjara Yankunytjatjara
may—
(a)
grant its permission unconditionally; or
(b)
grant its permission subject to such conditions (which must be consistent with
the provisions of this Act) as it thinks fit; or
(c)
refuse its permission.
(7) A n angu
Pitjantjatjara Yankunytjatjara shall, upon deciding an application under this
section, notify the applicant, in writing, of its decision and the applicant
shall, within seven days after receiving that notification, furnish the
Minister of Mines and Energy with a copy of the notification.
(7a) The reasonable
costs and expenses incurred by A n angu Pitjantjatjara Yankunytjatjara in
dealing with an application under this section may be recovered from the
applicant as a debt.
(7b) Any payment made
in satisfaction of a liability arising under subsection (7a) shall, if
the application is subsequently determined in favour of the applicant but on
condition that compensation be paid to A n angu Pitjantjatjara
Yankunytjatjara, be regarded as a payment made on account of that
compensation.
(8) Where—
(a) A n
angu Pitjantjatjara Yankunytjatjara refuses its permission under this section
or grants its permission but subject to conditions that are unacceptable to
the applicant; or
(b) the
applicant has not, at the expiration of one hundred and twenty days from the
date of the application, received notice of a decision by A n angu
Pitjantjatjara Yankunytjatjara upon the application,
the applicant may request the Minister of Mines and Energy to refer the
application to an arbitrator.
(9) If the Minister of
Mines and Energy receives a request under subsection (8), the application
shall be referred to an arbitrator appointed by the Minister of Mines and
Energy.
(10) At least
twenty-one days before an arbitrator is appointed under subsection (9),
the Minister of Mines and Energy must inform A n angu Pitjantjatjara
Yankunytjatjara of whom he proposes to appoint and he must consider any
representations of A n angu Pitjantjatjara Yankunytjatjara in relation to the
proposed appointment.
(11) The arbitrator
must be a judge of the High Court, the Federal Court of Australia, or the
Supreme Court of a State or Territory of Australia.
(12) The
arbitrator—
(a)
shall have the powers of a commission of inquiry under the Royal Commissions
Act ; and
(b) may
refer a question of law for the opinion of the Full Court of the Supreme
Court.
(14) After hearing
such evidence and submissions as—
(a) A n
angu Pitjantjatjara Yankunytjatjara; and
(b) the
applicant; and
(c) the
Minister of Mines and Energy; and
(d) the
Minister,
may desire to make to him, and such other evidence and submissions as he
thinks fit to receive, the arbitrator may—
(e)
affirm, vary or reverse the decision of A n angu Pitjantjatjara
Yankunytjatjara; or
(f)
where no decision has been made by A n angu Pitjantjatjara Yankunytjatjara
upon the application—determine the application as the arbitrator thinks
fit.
(14a) The arbitrator
may, if the arbitrator thinks fit, award against the applicant and in favour
of A n angu Pitjantjatjara Yankunytjatjara an amount that represents, in the
arbitrator's opinion, the reasonable costs and expenses incurred by A n angu
Pitjantjatjara Yankunytjatjara in relation to the arbitration.
(14b) An amount
awarded under subsection (14a) may be recovered by A n angu
Pitjantjatjara Yankunytjatjara as a debt.
(15) In arriving at
his determination, the arbitrator shall have regard to—
(a) the
effect of the grant of the mining tenement upon—
(i)
the preservation and protection of A n angu ways-of-life,
culture and tradition;
(ii)
the interests, proposals, opinions and wishes of A n angu
in relation to the management, use and control of the lands;
(iii)
the growth and development of A n angu social, cultural
and economic structures;
(iv)
freedom of access by A n angu to the lands and their
freedom to carry out on the lands rites, ceremonies and other activities in
accordance with A n angu traditions; and
(b) the
suitability of the applicant to carry out the proposed mining operations and
his capacity, in carrying out those operations, to minimise disturbance to A n
angu and the lands; and
(c) the
preservation of the natural environment; and
(d) the
economic and other significance of the operations to the State and Australia.
(16) The arbitrator
shall hear and determine the arbitration as expeditiously as possible.
(17) A determination
under this section is binding upon A n angu Pitjantjatjara Yankunytjatjara,
the applicant and the Crown.
(18) The Arbitration
Act 1891 does not apply to an arbitration under this section.
(19) This section does
not apply in relation to prospecting or mining for precious stones on the
Mintabie precious stones field.
(20) Where a person
applies under this section for permission to prospect and mine for precious
stones, and the proposed mining operations are to be carried out within a
prescribed area, no compensation, or other consideration, shall be paid or
given to A n angu Pitjantjatjara Yankunytjatjara under or in respect of a
permission granted under this section.
(21) No regulation
prescribing an area for the purposes of subsection (20) shall be made
unless—
(a) the
area to be prescribed has been delineated or otherwise identified by plan,
photograph or other document; and
(b) the
plan, photograph or other document has been deposited in the General Registry
Office by the Minister of Mines and Energy with the consent of A n angu
Pitjantjatjara Yankunytjatjara,
and any such regulation may be made by reference to a plan, photograph or
other document so deposited.