South Australian Consolidated Acts South Australian Consolidated Acts (1) The law of the
State is so far modified as is necessary to give full effect to the Indenture
and the provisions of any law of the State shall accordingly be construed
subject to the modifications that take effect under this Act.
(2) Without limiting
the generality of subsection (1), in the case of any inconsistency
between the provisions of any Act or law and of the Indenture, the provisions
of the Indenture shall prevail and in particular—
(a) the
following Acts are to be construed subject to the provisions of the Indenture:
(i)
the Commercial Arbitration Act 1986 ; and
(ii)
the Crown Lands Act 1929 ; and
(iii)
the Development Act 1993 ; and
(iv)
the Electricity Corporations Act 1994 ; and
(v)
the Environment Protection Act 1993 ; and
(vi)
the Harbors and Navigation Act 1993 ; and
(vii)
the Mining Act 1971 ; and
(viii)
the Petroleum Act 1940 ; and
(ix)
the Real Property Act 1886 ; and
(x)
the Residential Tenancies Act 1995 ; and
(xi)
the Stamp Duties Act 1923 ; and
(xii)
the Water Resources Act 1990 ,
and, to the extent of any inconsistency between the provisions of those laws
and of the Indenture, the provisions of the Indenture prevail; and
(b) the
provisions of the laws of the State under which any royalty, rate, tax or
impost may be levied or imposed (whether by a party to the Indenture or not)
are to be construed subject to the provisions of the Indenture relating to the
levying or imposition of royalties, rates, taxes or imposts and, to the extent
of any inconsistency between the provisions of those laws and of the
Indenture, the provisions of the Indenture prevail; and
(c) the
provisions of the laws of the State relating to the granting or resumption of
estates or interests in land are to be construed subject to the provisions of
the Indenture and, to the extent of any inconsistency between the provisions
of those Acts and of the Indenture, the provisions of the Indenture prevail;
and
(d) the
Crown Lands Act 1929 is to be construed as conferring on the Governor
sufficient power to make the grants and dedication of land contemplated by
clause 24 of the Indenture and to grant the leases, licences, easements and
rights of way contemplated by clause 27 of the Indenture; and
(e) it
is not necessary for an applicant for a Special Exploration Licence or a
Special Mining Lease to peg or mark out any land, nor is the holder of such a
Special Tenement to be subject to any requirement in relation to the pegging
or marking out of lands subject to the Tenement; and
(f) the
Minister has power to grant and renew a pipeline licence under the Petroleum
Act 1940 in accordance with clause 19A of the Indenture; and
(j) the
authorisations and approvals contemplated by clause 45 of the Indenture are
hereby granted; and
(k) the
power of dedication contemplated by clause 14(8) of the Indenture is hereby
conferred; and
(l) no
power of compulsory acquisition or resumption of land shall be exercised
contrary to the provisions of the Indenture.
(3) Where an
application is made to the Minister pursuant to clause 7 of the Indenture for
a permit, consent, approval, authorisation or permission, and, if it were not
for the provisions of that clause, the right to grant the permit, consent,
approval, authorisation or permission would have vested in some other Minister
of the Crown, or in an instrumentality of the Crown subject to control or
direction by some other Minister of the Crown, the application shall not be
granted unless that other Minister of the Crown has been consulted and agrees
to the granting of the application.
(4) A permit, consent,
approval, authorisation or permission granted under clause 7 of the Indenture
shall be deemed to have been duly granted in pursuance of the Act or law under
which provision is made for the permit, consent, approval, authorisation or
permission.
(5) Nothing in
subsection (3) derogates from the rights of the Joint Venturers under
clause 7 of the Indenture or prejudices or affects an arbitration.