South Australian Consolidated Acts South Australian Consolidated Acts56B—Special mining enterprises
(1) For the purposes
of this Part, a mining enterprise (whether existing
or proposed) is a "special mining enterprise" if—
(a) the
person who conducts or proposes to establish the enterprise has made
application to the Minister for the exercise of powers under this Part; and
(b) the
Governor is satisfied that the enterprise is of major significance to the
economy of this State; and
(c) the
Minister and the applicant have entered into an agreement, ratified by the
Governor, for the exercise of powers under this Part and the grant of
appropriate mining tenements in relation to the enterprise.
(2) An application
under subsection (1) must be made in the form approved by the Minister
and must be accompanied by a written proposal containing full particulars of
the mining enterprise, including—
(a) a
sufficient delineation of the land to which the proposal relates; and
(b) a
statement of the nature, extent and proposed scheduling of the
mining operations and related or ancillary operations or works that the
applicant carries out or proposes to carry out under the enterprise; and
(c) an
economic analysis of the enterprise, including financial projections and
details of the financial resources available to the applicant for the purposes
of the enterprise; and
(d) an
assessment of the benefits to the State derived or expected to be derived from
the enterprise; and
(e) an
assessment of the expected social and environmental effects of the enterprise;
and
(f) a
statement of the measures that the applicant considers appropriate to protect
the environment, and to remedy environmental damage that may result on account
of operations or activities carried out for the purposes of the enterprise;
and
(g) a
statement of the measures that the applicant considers appropriate for the
protection of any Aboriginal sites or objects within the meaning of the
Aboriginal Heritage Act 1988 that may be affected by the enterprise; and
(h) any
other information required by the regulations.
(3) The Minister may
require the applicant to provide other information or documents, and to comply
with any requirement specified by the Minister.
(4) An applicant must,
in accordance with the regulations, pay an application fee prescribed or
determined under the regulations.
(5) An application
under this section—
(a) may
be made in respect of an area of land of any size, and whether or not a
mineral claim has been pegged out or registered over the land in relation to
the enterprise; and
(b)
will, in relation to any mining tenement subsequently granted to the
applicant, be taken to be an application duly made under this Act for that
tenement.
(6) The Minister may
(at any time before entering into an agreement under this Part), by notice in
writing given personally or by post to the applicant, refuse an application
under this section on any reasonable ground, and an application will be taken
to be refused if the Governor indicates that the Governor is not satisfied
that the enterprise is of major significance to the economy of this State or
refuses to ratify an agreement entered into under this Part with the
applicant.
(7) No mineral claim
may be pegged out by or mining tenement granted to any other person over the
land to which an application under this section relates until—
(a) 28
days after the application is refused or withdrawn; or
(b) a
mining tenement, or tenements, is, or are, granted to the applicant over the
land.