South Australian Consolidated Acts South Australian Consolidated Acts21—Interaction of this Act and Mining and Petroleum Acts
(1) Where prospecting
or mining is permitted upon the lands in pursuance of this Division, the
person in whose favour the permission was granted and his agents, contractors
and employees may, subject to the conditions (if any) upon which the
permission was granted, and to the provisions of the Mining Act 1971 or
the Petroleum Act 1940 , as the case may require (but without requiring
any further permission or authority to enter the lands under the provisions of
either of those Acts), enter the lands for the purpose of prospecting or
mining.
(2) A mining tenement
shall not be granted in respect of the lands or a part of the lands except to
a person who has permission to carry out mining operations on the lands under
this Division, but this Act does not prevent the taking of any step under the
Mining Act or the Petroleum Act antecedent to the grant of a mining tenement.
(3) Before a
mining tenement is granted in pursuance of the Mining Act or the Petroleum Act
in relation to the lands or a part of the lands, the Minister administering
the relevant Act shall afford A n angu Pitjantjatjara Yankunytjatjara a
reasonable opportunity to make submissions relating to the conditions subject
to which the tenement should be granted.
(4) If a person—
(a)
makes a payment or gives other consideration in contravention of
section 23; or
(b) in
relation to—
(i)
obtaining the permission of A n angu Pitjantjatjara
Yankunytjatjara for the carrying out of mining operations on the lands; or
(ii)
the carrying out or proposed carrying out of
mining operations on the lands,
makes a payment, or gives some other consideration, to A n angu Pitjantjatjara
Yankunytjatjara (not being a payment or consideration otherwise permitted or
provided for in this Act) otherwise than in conformity with—
(iii)
conditions imposed by A n angu Pitjantjatjara
Yankunytjatjara under this Division in granting its permission for the
carrying out of the mining operations; or
(iv)
conditions determined or approved by an arbitrator under
this Division; or
(v)
an agreement of which the Minister of Mines and Energy
has been notified under this Division,
then—
(c) the
amount of the payment, or the value of the consideration, is recoverable as a
debt due to the Crown; and
(d)
—
(i)
no mining tenement in respect of the lands will be
granted to the person and the person is precluded from applying for another
mining tenement in respect of the lands for the period of three years; and
(ii)
if a mining tenement in respect of the lands is held by
the person, that tenement is cancelled.