South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section—
(a) land
that is lawfully and genuinely used—
(i)
as a yard, garden, cultivated field, plantation, orchard
or vineyard;
(ii)
as an airfield, railway or tramway;
(iii)
as the grounds of a church, chapel, school, hospital or
institution; or
(b) land
that constitutes any parklands or recreation grounds under the control of a
council; or
(ba)
land—
(i)
that is dedicated or reserved, pursuant to statute, for
the purpose of waterworks; or
(ii)
that is vested in the Minister of Public Works for the
purpose of waterworks; or
(iii)
that is comprised within an easement in favour of the
Minister of Public Works; or
(bb)
land that constitutes a forest reserve under the Forestry Act 1950 ; or
(c) any
separate parcel of land of less than 2 000 square metres within any city,
town or township; or
(d) land
that is situated—
(i)
within 400 metres of a building or structure used as a
place of residence (except a building or structure of a class excluded by
regulation from the ambit of this paragraph); or
(ii)
within 150 metres of—
(A) a building or structure, with a value
of $200 or more, used for an industrial or commercial purpose; or
(B) a spring, well, reservoir or dam,
(but not if it is an improvement made for the purposes of mining operations),
shall be exempt from mining operations in pursuance of this Act and, unless
the land ceases to be so exempt, no miner's right, claim, lease or licence
shall authorise prospecting, exploring or mining upon such land (but this
section does not prevent the pegging out of a claim upon such land).
(2) Where any land is
subject to a claim, lease or licence under this Act and that land would, but
for this subsection, be land exempt from mining operations in pursuance of
this Act by reason only of a fact or circumstance occurring or arising
subsequent to the pegging out, or granting, of the claim, lease or licence,
that land shall not be exempt from operations in pursuance of this Act.
(3) Where—
(a) the
person who has the benefit of an exemption under this section, by agreement
with a mining operator, waives the exemption; or
(b) the
appropriate court, on the application of a mining operator, determines
compensation to be paid by the mining operator to the person or persons who
have the benefit of the exemption,
the land shall cease to be exempt land, but the exemption shall revive upon
completion of the mining operations in respect of which the agreement or
determination was made or at such earlier time as may be stipulated in that
agreement or determination.
(3a) An agreement or
determination under subsection (3) may be made upon such terms and
conditions as the parties or the appropriate court thinks fit.
(3b) The following
persons shall, for the purposes of this section, be regarded as having the
benefit of an exemption under this section:
(a) the
owner of the exempt land; and
(b) in
the case of land that is exempt from mining operations under
subsection (1)(d) by reason of its proximity to other land on which a
building, structure, spring, well, reservoir or dam is situated—the
owner of that other land.
(3c) An agreement or
determination under subsection (3) is binding on—
(a)
successors in title to those owners of land who had the benefit of the former
exemption; and
(b) the
holders from time to time of any mining tenement in pursuance of which
mining operations (being mining operations in respect of which the agreement
or determination was made) are carried out.
(4) This section does
not affect any provision of the Pastoral Act 1936 prohibiting or
restricting the conduct of mining operations on lands subject to that Act.
(5) In this
section—
"mining operations" include any operations or activity for which a
miscellaneous purposes licence may be granted.