South Australian Consolidated Acts South Australian Consolidated Acts52—Grant of miscellaneous purposes licence
(1) The Minister may
grant to any person a miscellaneous purposes licence under this Part in
respect of mineral land.
(3) A licence may be
granted for any of the following purposes:
(a) for
the carrying on of any business that may conduce to the effective conduct of
mining operations or provide amenities for persons engaged in the conduct of
mining operations; or
(b) for
establishing and operating plant for the treatment of ore recovered in the
course of mining operations; or
(c) for
drainage from a mine; or
(d) for
the disposal of overburden or any waste produced by mining operations; or
(e) any
other purpose ancillary to the conduct of mining operations,
and may be granted upon such terms and conditions as may be determined by the
Minister and specified in the licence.
(3a) If an application
for a miscellaneous purpose licence relates to an area within the
Murray-Darling Basin, the Minister must, in considering the application, take
into account the objects of the River Murray Act 2003 and the Objectives
for a Healthy River Murray under that Act.
(3b) If an application
for a miscellaneous purpose licence relates to an area within a
River Murray Protection Area, the Minister must, before making his or her
decision on the application, refer the application to the Minister for
the River Murray and consult with that Minister in relation to the matter.
(3c) If an application
for a miscellaneous purpose licence is referred to the
Minister for the River Murray under subsection (3b) and the Minister to
whom the administration of this Act is committed and the
Minister for the River Murray cannot agree—
(a) on
whether a miscellaneous purpose licence should be granted; or
(b) if a
miscellaneous purpose licence is granted, on the conditions to which the
miscellaneous purpose licence should be subject,
the Ministers must take steps to refer the matter to the Governor and the
Governor will determine the matter (and any decision taken by the Governor
will be taken to be a decision of the Minister under this Act).
(3d) If an application
for a miscellaneous purposes licence relates to an area within or adjacent to
the Adelaide Dolphin Sanctuary, the Minister must, before making his or her
decision on the application, refer the application to the
Minister for the Adelaide Dolphin Sanctuary and consult with that Minister in
relation to the matter.
(3e) If an application
for a miscellaneous purposes lease is referred to the
Minister for the Adelaide Dolphin Sanctuary under subsection (3d) and the
Minister to whom the administration of this Act is committed and the
Minister for the Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether a miscellaneous purposes lease should be granted; or
(b) if a
miscellaneous purposes lease is granted, on the conditions to which the
miscellaneous purposes lease should be subject,
the Ministers must take steps to refer the matter to the Governor and the
Governor will determine the matter (and any decision taken by the Governor
will be taken to be a decision of the Minister under this Act).
(4) The Minister
shall, in determining the terms and conditions subject to which a licence is
to be granted under this Part, give proper consideration to the protection
of—
(a) the
natural beauty of any locality or place that may be affected by the conduct of
operations in pursuance of the licence;
(b)
flora and fauna that may be endangered or disturbed by those operations;
(c)
buildings of architectural or historical interest, and objects and features of
scientific or historical interest, that may be affected by those operations;
(d) any
Aboriginal sites or objects within the meaning of the
Aboriginal Heritage Act 1988 that may be affected by those operations,
and may take into consideration such other factors as he considers appropriate
in the particular case.
(5) A miscellaneous
purposes licence cannot be granted over an area of land exceeding the maximum
permissible area prescribed by the regulations.
(6) A miscellaneous
purposes licence must provide for the payment, by way of rental, of such sums
as may be prescribed.
(7) If a miscellaneous
purposes licence is granted over land consisting of, or including, land
subject to a relevant interest (ie an estate of fee simple or native title
conferring a right to exclusive possession of the land), the amount paid to
the Minister by way of rental under the licence must, after deduction of 5%, 1
be dealt with in accordance with the following principles—
(a) the
proportionate entitlement of each holder of a relevant interest in the land
must be worked out by determining what proportion of the total area of the
land subject to the licence is represented by land in which the holder holds a
relevant interest; and
(b) a
proportion of the net amount available for distribution, equivalent to the
holder's proportionate entitlement, must be paid to each holder of a relevant
interest in land subject to the licence; and
(c) if a
balance remains after distribution under paragraph (b), the balance is to
be retained by the Minister.
(8) If no-one is
registered under the law of the State or the Commonwealth as the holder of
native title in native title land over which a miscellaneous purposes licence
has been granted, the Minister must establish a trust fund and pay the amount
to which the holder of native title is entitled under subsection (7) into
the trust fund until a determination is made of who is entitled to the
payment.
(9) If no valid claim
has been made on the trust fund within five years after its establishment, the
Minister may dissolve the fund and pay the amount standing to its credit into
the Consolidated Account but, if the fund is dissolved, any claim that might
have been made against the fund assuming that it had continued in existence
may be made instead against the State.
Note—
1 The net amount remaining after the 5% deduction
is referred to subsequently as the net amount available for distribution.