South Australian Consolidated Acts South Australian Consolidated Acts25—Special provisions relating to Mintabie precious stones field
(1) A person is not
entitled to enter or remain upon the Mintabie precious stones field
unless—
(a) he
has permission under this Act to be upon that field; or
(b) he
is a member of a class of persons who are, under subsection (2), entitled
to enter and remain on the field without permission under this Act.
(2) Subject to this
section, persons of the following classes are entitled to enter and remain on
the Mintabie precious stones field without permission under this Act—
(a)
persons who hold precious stones prospecting permits;
(b)
persons carrying on a lawful business at an established place of business upon
the field;
(c) the
spouse or domestic partner, or parent or child, of a person who is entitled to
be on the field under paragraph (a) or (b);
(d)
persons whose purpose in entering, or being on, the field is to transact
lawful business with persons referred to in paragraph (a), (b) or (c),
being business that cannot reasonably be transacted from a place outside
the lands.
(3) A person who is
entitled under subsection (2) to enter and remain on the field is
entitled, without permission under this Act, to use roads that provide access
to the field for the purpose of entering and leaving the field.
(4) Where a person
carries on, or proposes to carry on, a business of a kind referred to in
subsection (2)(b), and the business is not such that a licence, permit or
other authorisation is required under the law of the State in respect of that
business, he shall notify the designated officer in writing of the nature of
the business and of the place at which it is being or is to be carried on.
Maximum penalty: $500.
(5) Subject to
subsection (6), a person who proposes to enter the field under
subsection (2)(d) shall, before doing so, give notice, in the prescribed
form, to the designated officer.
Maximum penalty: $500.
(6) A person is not
required to give notice under subsection (5) where he has been invited to
the field by a person referred to in subsection (2)(a), (b) or (c) and
that person has given the prescribed notice to the designated officer.
(7)
The designated officer shall maintain a list of notices given under this
section.
(8) The list shall be
open for inspection by any member of the public.
(9) In this
section—
"close personal relationship" means the relationship between 2 adult
persons (whether or not related by family and irrespective of their gender)
who live together as a couple on a genuine domestic basis, but does not
include—
(a) the
relationship between a legally married couple; or
(b) a
relationship where 1 of the persons provides the other with domestic support
or personal care (or both) for fee or reward, or on behalf of some other
person or an organisation of whatever kind;
Note—
Two persons may live together as a couple on a genuine domestic basis whether
or not a sexual relationship exists, or has ever existed, between them.
"the designated officer" means the person to whom the Minister of Mines and
Energy assigns the functions of designated officer under this section;
"domestic partner"—a person is the domestic partner of another if he or
she lives with the other in a close personal relationship;
"spouse"—a person is the spouse of another if they are legally married.