NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43AC

NATIONAL PARKS AND WILDLIFE ACT 1972 - SECT 43AC

43AC—Ikara-Flinders Ranges National Park

        (1)         The acquisition or exercise of relevant mining rights, or purported acquisition or exercise of such rights, in respect of the land constituting the Ikara-Flinders Ranges National Park before the relevant day are declared, for the purposes of this Act and for the purposes of any other dealings with or in relation to those rights (including, for example, the imposition of a bond under the Mining Act 1971 ), to have been validly acquired or exercised and any such rights in existence immediately before the relevant day (including a right of renewal of relevant mining rights) may, despite section 43, continue to be exercised in respect of the prescribed land on and after that day.

        (2)         Despite section 43, rights of entry, prospecting, exploration or mining may, with the approval of the Minister and the Mining Minister, be acquired pursuant to the Mining Act 1971 in respect of the prescribed land (including, for example, by the renewal of relevant mining rights) and may be exercised in respect of that land.

        (3)         A person in whom rights are vested under the Mining Act 1971 in respect of the prescribed land must not carry out work in the exercise of those rights that has not previously been authorised unless the Minister and the Mining Minister have approved that work, and such an approval may be subject to such conditions as the Ministers may agree.

        (4)         If the Minister and the Mining Minister cannot agree as to whether to give an approval under subsection (2) or (3), or impose conditions under subsection (3), the Governor may, with the advice and consent of the Executive Council, give an approval or impose conditions in writing under the relevant subsection.

        (5)         Nothing in this section authorises or otherwise permits the acquisition or exercise of rights of entry, prospecting, exploration or mining in the Ikara-Flinders Ranges National Park after the commencement of this section other than those rights referred to in subsections (1) and (2).

        (6)         In this section—

"Mining Minister" means the Minister responsible for the administration of the Mining Act 1971 ;

"prescribed land" means the land that is, at the relevant day, subject to relevant mining rights;

"relevant day" means the day of commencement of this section;

"relevant mining rights" means the rights of entry, prospecting, exploration or mining provided for in Mining Lease 3413 and Mining Lease 3414 under the Mining Act 1971 and any mining tenement granted in connection with those leases.