South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"Adelaide Dolphin Sanctuary" has the same meaning as in the
Adelaide Dolphin Sanctuary Act 2005 ;
"appropriate court" means—
(a) the
Supreme Court; or
(b) the
ERD Court; or
(c) if
proceedings do not involve a monetary claim, or a claim for more than
$150 000—the Warden's Court; 1
"authorised person" means a person authorised in writing by the
Director of Mines to exercise the powers conferred by the provisions of this
Act in which the expression is used;
"baseline" means the baseline adjacent to the coast of the State (including
the coast of any island forming part of the State) for the time being
determined under section 7(1)(b) of the Seas and Submerged Lands
Act 1973 of the Commonwealth;
"council" means a municipal or district council within the meaning of the
Local Government Act 1934 and includes a body corporate that is, by
virtue of any Act, deemed to be, or vested with the powers of, a municipal or
district council;
"Crown lands" means lands that are Crown lands within the meaning of the Crown
Lands Act 1929 ;
"declared equipment" means—
(a) a
trench digger or excavator; or
(b)
mechanically driven equipment, equipped with a blade or bucket of a width
exceeding 750 mm, capable of ripping, gouging, scooping or digging earth or
rock material; or
(c)
equipment that is capable of digging, boring or tunnelling underground,
generally in a horizontal plane, with a cross sectional dimension greater than
750 mm;
"the Director of Mines" or "the Director" means the person assigned by the
Minister to exercise the powers and discharge the duties of the officer so
designated by this Act;
"ERD Court" means the Environment, Resources and Development Court established
under the Environment, Resources and Development Court Act 1993 ; 2
"exempt land" means land that is exempt from mining operations under
section 9;
"exploration authority" means—
(a) a
miner's right;
(c) a
mineral claim;
(d) an
exploration licence;
(e) a
retention lease (but only if the mining operations to which the lease relates
are limited to exploratory operations);
"exploring" means operations of any kind in the course of—
(a)
exploring for minerals; or
(b)
establishing the extent of a mineral deposit,
and includes prospecting, and "to explore" and
"exploratory" have corresponding meanings;
"extractive minerals" means sand, gravel, stone, shell, shale or clay, but
does not include—
(a) any
such minerals that are mined for a prescribed purpose; or
(b) fire
clay, bentonite or kaolin;
"fossicking" means the gathering of minerals—
(a) as a
recreation; and
(b)
without any intention to sell the minerals or to utilise them for a commercial
or industrial purpose,
but does not include the gathering of minerals by any means involving
disturbance of land or water by machinery or explosives;
"inspector" means a person for the time being holding or acting in the office
of inspector of mines under this Act, and includes the Chief Inspector;
"the Land and Valuation Court" means the Land and Valuation Court constituted
under the Supreme Court Act 1935 ;
"machinery" means any device operated otherwise than by muscular force exerted
by the operator;
"marine park" has the same meaning as in the Marine Parks Act 2007 ;
"mine" means any place in which mining operations are carried out;
"mineral land" means any land that is mineral land in consequence of a
declaration under this Act;
"minerals" means—
(a) any
naturally occurring deposit of metal or metalliferous ore, precious stones or
any other mineral (including sand, gravel, stone, shell, coal, oil shale,
shale and clay); or
(b) any
metal, metalliferous substance or mineral recoverable from the sea or a
natural water supply; or
(c) any
metal, metalliferous ore or mineral that has been dumped or discarded—
(i)
in the course of mining operations or operations
incidental to mining operations; or
(ii)
in other prescribed circumstances;
but does not include—
(d)
soil; or
(e)
petroleum or any other substance, the recovery or production of which is
governed by the Petroleum and Geothermal Energy Act 2000 ;
"mining" or "mining operations" means all operations carried on in the course
of prospecting, exploring or mining for minerals, or quarrying, and includes
operations by means of which minerals are recovered from the sea or a natural
water supply, but does not include any investigation or survey under
section 15, or fossicking, and "to mine has a corresponding meaning;
"mining operator" means a person by whom, or on whose behalf,
mining operations are carried out under this Act;
"Mining Register" means the register kept by the Mining Registrar under
section 15A;
"a mining registrar" means a person appointed as a mining registrar under
section 13 and includes the Mining Registrar;
"the Mining Registrar" means a person appointed as the Mining Registrar under
section 13 and includes a person who is acting in the position of Mining
Registrar;
"mining tenement" means a claim, lease or licence under this Act;
"Murray-Darling Basin" has the same meaning as in the Murray-Darling Basin
Act 1993 ;
"native title", "native title holder" and
"native title land"—see Native Title (South Australia) Act 1994 ; 3
"native title mining determination" means a determination authorising a mining
operator to enter land and carry out mining operations on the land under Part
9B;
"opal development area" means an area within a precious stones field declared
by the Minister under section 8A to be an opal development area;
"owner" of land means—
(a) a
person who holds a registered estate or interest in the land conferring a
right to immediate possession of the land; or
(b) a
person who holds native title in the land; or
(c) a
person who has, by statute, the care, control or management of the land; or
(d) a
person who is lawfully in occupation of the land;
"precious stones" has the same meaning as in the Opal Mining Act 1995 ;
"precious stones field" means a precious stones field under the Opal Mining
Act 1995 ;
"prescribed notice of entry"—see section 58A(1);
"production tenement" means—
(b) a
mining lease;
(c) a
retention lease (if the mining operations to which the lease relates are not
limited to exploratory operations);
"proprietor", in relation to a private mine, means a person who was, on the
commencement of this Act, divested of property in the minerals for the
recovery of which the mine is operated, or a person lawfully claiming under
that person;
"prospecting" means operations of any kind in the course of exploring for
minerals except such as involve the disturbance of land or water
by machinery or explosives, and "to prospect" has a corresponding meaning;
"radioactive mineral" means uranium or any other prescribed
radioactive mineral;
"registered representative" of native title holders—see Part 4 Native
Title (South Australia) Act 1994 ;
"relevant Act" means—
(a) in
relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin
Sanctuary Act 2005 ; or
(b) in
relation to a marine park—the Marine Parks Act 2007 ; or
(c) in
relation to a River Murray Protection Area or the Murray-Darling
Basin—the River Murray Act 2003 ;
"relevant Minister" means—
(a) in
relation to the Adelaide Dolphin Sanctuary—the Minister to whom the
administration of the Adelaide Dolphin Sanctuary Act 2005 is committed;
or
(b) in
relation to a marine park—the Minister to whom the administration of the
Marine Parks Act 2007 is committed; or
(c) in
relation to a River Murray Protection Area or the Murray-Darling
Basin—the Minister to whom the administration of the River Murray
Act 2003 is committed;
"the repealed Act" means the Mining Act 1930 repealed by this Act;
"River Murray Protection Area" means a River Murray Protection Area under the
River Murray Act 2003 ;
"specially protected area" means—
(a) the
Adelaide Dolphin Sanctuary; or
(b) a
marine park; or
(c) a
River Murray Protection Area;
"subsurface stratum" means a stratum resulting from the division of
mineral land into strata under this Act, being a stratum that lies beneath a
surface stratum;
"surface stratum" means a stratum resulting from the division of mineral land
into strata under this Act, being a stratum of which the upper surface is the
surface of those lands;
"warden" means a magistrate nominated by the Attorney-General to exercise the
jurisdiction and powers of a warden under this Act;
"the Warden's Court" means the Warden's Court constituted under Part 10.
(2) Where mineral land
is divided into strata under this Act, a reference to land, or an area, shall,
where appropriate, be construed as a reference to the surface stratum or a
subsurface stratum, as the case may require.
(3) An explanatory
note to a provision of this Act forms part of the provision to which it
relates.
Notes—
1 All native title questions arising in
proceedings before the Warden's Court must be referred to the ERD
Court—see Part 3 Native Title (South Australia) Act 1994 .
2 The Environment, Resources and
Development Court Act 1993 and the Native Title (South Australia)
Act 1994 contain provisions under which the ERD Court may refer cases to
the Supreme Court, or the Supreme Court may remove cases commenced before the
ERD Court into the Supreme Court.
3 Part 5 of the Native Title (South Australia)
Act 1994 sets out the method of service on native title holders.