South Australian Consolidated Acts South Australian Consolidated Acts56C—Power to exempt from or modify Act
(1) The Minister may,
in accordance with the terms of an agreement under this Part (as ratified by
the Governor)—
(a)
exempt a special mining enterprise from any provision of this Act; or
(b)
modify the application of a requirement of this Act in relation to the
enterprise.
(2) An exemption or
modification may only be granted or made under subsection (1) in respect
of—
(a) the
requirement to peg out or register a mineral claim; or
(b) the
maximum area of land over which a mining tenement may be granted; or
(c) the
maximum term for which a mining tenement may be granted; or
(d) the
period within which an application for renewal of a mining tenement must be
made, and the term for which the renewal may be granted; or
(e) the
rate of royalty required to be paid under this Act; or
(f) the
rental payable under a mining tenement; or
(g) any
other prescribed requirement of this Act (except a requirement under Part 9B).
(3) An exemption or
modification may be subject to conditions stipulated in the agreement.
(4) An exemption or
modification may not be granted or made under this section so as to
discriminate against the holders of native title in land.
(5) The Minister may
vary or revoke an exemption or modification in accordance with and subject to
the terms of the agreement.
(6) The Minister must
cause notice of an exemption or modification, and of any subsequent variation
or revocation of it, to be published in the Gazette.
(7) A person who
contravenes or fails to comply with a condition of an exemption or
modification under this section is guilty of an offence.
Maximum penalty: $50 000.