South Australian Consolidated Acts South Australian Consolidated Acts9—Application of Aboriginal Heritage Act to the Stuart Shelf Area and
the Olympic Dam Area
(1) Subject to this
section, the Aboriginal Heritage Act applies in relation to operations of
the Joint Venturers in the Stuart Shelf Area or the Olympic Dam Area.
(2) Until the 31st day
of December, 1985, the Joint Venturers are not required, under section 21(5)
of the Aboriginal Heritage Act, to obtain permission to enter or use land
within a protected area that lies within the Stuart Shelf Area or the Olympic
Dam Area provided that—
(a) any
entry or use of such land by the Joint Venturers conforms strictly with the
terms and conditions of the relevant mining tenement; and
(b)
where under the terms and conditions of that mining tenement the consent or
approval of the Director-General of Mines and Energy is required in relation
to the protected area or items within the protected area, that consent or
approval shall be ineffective unless confirmed by the Minister of Environment
and Planning.
(3) After the 31st day
of December, 1985, and until the approval by the Minister of Environment and
Planning of an environmental impact statement relating to the Olympic Dam
Area, the Joint Venturers are not required, under section 21(5) of the
Aboriginal Heritage Act, to obtain permission to enter or use land within a
protected area that lies within the Olympic Dam Area provided that—
(a) any
entry or use of such land by the Joint Venturers conforms strictly with the
terms and conditions of the relevant mining tenement; and
(b)
where under the terms and conditions of that mining tenement the consent or
approval of the Director-General of Mines and Energy is required in relation
to the protected area or items within the protected area, that consent or
approval shall be ineffective unless confirmed by the Minister of Environment
and Planning.
(4) After the 31st day
of December, 1985, the Joint Venturers are not required under section 21(5) of
the Aboriginal Heritage Act to obtain permission to enter or use land within a
protected area that lies within the area comprised in a Special Exploration
Licence provided that—
(a) any
entry or use of such land by the Joint Venturers conforms strictly with the
terms and conditions of the relevant mining tenement; and
(b)
where under the terms and conditions of that mining tenement the consent or
approval of the Director-General of Mines and Energy is required in relation
to the protected area or items within the protected area, that consent or
approval shall be ineffective unless confirmed by the Minister of Environment
and Planning.
(5) Where an
environmental impact statement in relation to the Initial Project or a
Subsequent Project has been approved by the Minister of Environment and
Planning, no land within the area to which the environmental impact statement
relates shall, after the date of the approval and before the grant of a
Special Mining Lease in respect of the Project, be declared to be a protected
area under section 21 of the Aboriginal Heritage Act, unless—
(a) the
land is designated or identified in the environmental impact statement as an
Aboriginal site; or
(b)
the Joint Venturers in relation to the relevant Project agree to the
declaration.
(6) After the grant of
a Special Mining Lease in respect of the Initial Project or a Subsequent
Project, land—
(a) to
which the Special Mining Lease applies; or
(b)
within a corridor designated in the relevant approved environmental impact
statement referred to in subsection (5) as—
(i)
a pipeline; or
(ii)
a power line; or
(iii)
a railway line; or
(iv)
a private road; or
(c)
within a well field in respect of which a Special Water Licence is in force;
or
(d)
within the municipality, or a township designated in the relevant approved
environmental impact statement,
shall not, without the consent of the Joint Venturers, be declared to be a
protected area under section 21 of the Aboriginal Heritage Act.
(7) The powers
conferred by section 26 of the Aboriginal Heritage Act are not exercisable
without the consent of the Joint Venturers—
(a)
before the thirty-first day of December, 1985—in respect of land that
lies within the Stuart Shelf Area or the Olympic Dam Area;
(b)
after the 31st day of December, 1985, and until the approval by the Minister
of Environment and Planning of an environmental impact statement relating to
the Olympic Dam Area—in respect of land that lies within the Olympic Dam
Area;
(c)
after the thirty-first day of December, 1985—in respect of land to which
subsection (6) applies or land comprised in a Special Exploration
Licence.
(8)
The Joint Venturers shall not withhold consent under subsection (6) or
(7) unless they have reason to believe that in consequence of the proposed
declaration or exercise of powers—
(a)
mining or other works being undertaken, or in course of preparation, would be
materially disrupted or impeded; or
(b) the
health or safety or any person or group of persons would be endangered.
(9) For the purposes
of this section, expressions defined in the Aboriginal Heritage Act have the
same meanings as in that Act.
(9a) For the purposes
of this section—
(a) a
reference in the Aboriginal Heritage Act to the owner of private lands will be
taken to include a reference to a person who holds native title in the lands;
and
(b) a
native title holder will be taken not to have committed an offence against the
Aboriginal Heritage Act by reason only of exercising rights deriving from the
native title.
(10) For the purposes
of this section, a reference to the Aboriginal Heritage Act shall be construed
as a reference to the Aboriginal Heritage Act 1979 in its form as at the
date of assent (15th March, 1979) or in its form as at some later date fixed
by proclamation with the consent of the Joint Venturers and the subsequent
amendment, replacement or repeal of that Act shall not affect its operation
insofar as it applies by virtue of this section.
(11) If a proclamation
is made under subsection (10), the provisions of subsections (2) to
(9) inclusive cease to operate as from the date of the proclamation.
(13) Within thirty
days after the date on which this section comes into operation
the Joint Venturers shall inform the Minister whether they consent to the
making of a proclamation under subsection (10).
(14) This section will
be taken not to affect the application of Aboriginal heritage legislation in
relation to the operations of the Joint Venturers outside of the Stuart Shelf
Area or the Olympic Dam Area.