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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Commission of Inquiry (Land Access in the Mining
Industry) Bill 2019
A BILL FOR
An Act to provide for a commission of inquiry into land access regimes
under the
Mining
Act 1971
and the
Opal
Mining Act 1995
, the operation of the Department of Energy and Mining in relation to such
land access regimes, and for other purposes.
Contents
1Short title
3Constitution of
commission—land access in the mining industry
6Power to require attendance of witnesses
etc
7Supreme Court may compel attendance
etc
9Provision of support to
Inquiry
10Confidentiality and disclosure of
information
11Completion of Inquiry and
presentation of report
12Report of Minister in response to
Commissioner's report
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Commission of Inquiry (Land Access in the
Mining Industry) Act 2019.
In this Act—
authorised person means—
(a) the Commissioner; or
(b) any person appointed under
section 9
to assist in the conduct of the Inquiry;
Commissioner means the person appointed to conduct the
commission of inquiry under
section 3
;
Crown land has the same meaning as in the
Crown
Land Management Act 2009
;
evidentiary material means any document, object or substance
of evidentiary value or possible evidentiary value to the Inquiry;
Inquiry means the commission of inquiry established under
this Act;
land means —
(a) land (not being Crown land) in which the fee simple has been granted
to a person; or
(b) such Crown land as may be prescribed by the regulations;
land access means a right of access to land (whether mineral
land or otherwise) granted or created under the
Mining
Act 1971
or the
Opal
Mining Act 1995
;
land access regimes, under the
Mining
Act 1971
or the
Opal
Mining Act 1995
, means such provisions of those Acts that relate to land access for
persons or bodies exercising rights conferred by or under those Acts;
mineral land has the same meaning as in the
Mining
Act 1971
;
Minister means the Minister to whom the administration of the
Mining
Act 1971
is committed.
3—Constitution
of commission—land access in the mining industry
(1) A commission of inquiry is established with the terms of reference set
out in
section 4
.
(2) The commission
of inquiry is to be constituted by a person (being a retired Justice of the
Supreme Court or Federal Court) appointed by the Attorney-General with the
approval of both Houses of Parliament.
(3) An appointment made under
subsection (2)
will be for a term, and on conditions, determined by the
Attorney-General.
(1) The terms of reference for the Inquiry are as follows:
(a) to inquire into land access regimes;
(b) to inquire into such operations of the Department of Energy and Mining
as may relate to, or be affected by, land access regimes;
(c) to inquire into the practices of interstate and overseas jurisdictions
as they relate to balancing the rights of landowners and those seeking to access
land in order to explore for or exploit mineral resources;
(d) to inquire into administrative and legislative options that may help
achieve a best practice model in South Australia that balances the rights of
landowners and those seeking to access land to explore for or exploit mineral
resources.
(2) The purposes of the Inquiry are—
(a) to examine and report on (including by making recommendations) land
access regimes under the
Mining
Act 1971
and the
Opal
Mining Act 1995
; and
(b) to report on and make recommendations as to measures that should be
implemented to achieve a best practice model in South Australia that balances
the rights of landowners and those seeking to access land to explore for or
exploit mineral resources (to the extent that such measures are not being
addressed through existing programs or initiatives).
(3) However, the Commissioner must not purport to make a finding of
criminal or civil liability.
(1) In conducting the Inquiry, the Commissioner—
(a) is not bound by any rules or practices as to procedure or evidence,
and may inform themselves in such a manner as the Commissioner thinks fit;
and
(b) must seek to adopt procedures that will facilitate a prompt,
cost-effective and thorough investigation of any matter relevant to the Inquiry;
and
(c) may refer any matter to an expert for advice, investigation or report;
and
(d) may refer any matter that may come to the attention of the
Commissioner but that is not directly relevant to the Inquiry to any other
person or agency (as the Commissioner thinks fit).
(2) Subject to
subsection (3)
, the Commissioner must, in conducting the Inquiry, take evidence in
public.
(3) The
Commissioner may conduct any part of the proceedings (including the taking of
evidence) in private if the Commissioner considers it in the public interest to
do so.
(4) Subject to this Act, the Commissioner may determine the procedures of
the Inquiry.
6—Power
to require attendance of witnesses etc
(1) An authorised person may issue a summons requiring a person to appear
before the Inquiry at a specified time and place to give evidence or to produce
evidentiary material (or both).
(2) A summons to produce evidentiary material may, instead of providing
for production of evidentiary material before the Inquiry, provide for
production of the evidentiary material to an authorised person nominated in the
summons.
(3) An authorised person may administer an oath or affirmation to a person
appearing before the Inquiry.
7—Supreme
Court may compel attendance etc
If a person refuses or fails—
(a) to comply with a summons issued under this Act; or
(b) to make an oath or affirmation when required to do so by an authorised
person; or
(c) to answer a question on a subject relevant to the Inquiry to the best
of the person's knowledge, information and belief,
the Supreme Court may, on application by an authorised person, compel the
attendance of the person before the Court to give evidence or to produce
evidentiary material for the purposes of the Inquiry.
8—Offences
relating to Inquiry
(1) A person who, without reasonable excuse, refuses or
fails—
(a) to comply with a summons issued under this Act; or
(b) to make an oath or affirmation when required to do so by an authorised
person; or
(c) to answer a question on a subject relevant to the Inquiry to the best
of the person's knowledge, information and belief,
is guilty of an offence.
Maximum penalty: $10 000.
(2) A person who knowingly makes a false or misleading statement in, or in
relation to, information or other material provided to the Inquiry is guilty of
an offence.
Maximum penalty: $10 000.
(a) misbehaves before the Inquiry; or
(b) interrupts the proceedings of the Inquiry,
is guilty of an offence.
Maximum penalty: $5 000.
9—Provision
of support to Inquiry
(1) The Minister must ensure that the Commissioner is provided with
sufficient resources, facilities and staff to conduct the Inquiry (including, to
avoid doubt, sufficient resources to undertake such travel as the Commissioner
considers necessary for the purposes of the Inquiry).
(2) The Attorney-General may, after consultation with the Commissioner,
appoint such other persons to assist in the conduct of the Inquiry as the
Attorney-General thinks appropriate.
(3) The Minister may, after consultation with the Commissioner, engage or
appoint a suitably qualified person or persons to provide support or assistance
to any person who may wish to place evidence before the Inquiry.
(4) The Commissioner may, by arrangement with the relevant body, make use
of the services of the staff, equipment or facilities of any agency or
instrumentality of the Crown (including an administrative unit in the Public
Service).
10—Confidentiality
and disclosure of information
(1) A provision of any Act or law requiring a person to keep particular
information confidential, or in any way restricting the disclosure or
publication of information, does not prevent a person from providing information
in the course of, or for the purposes of, the Inquiry.
(2) The Commissioner must, in the conduct of the Inquiry and in the
Commissioner's report on the outcome of the Inquiry, take reasonable steps to
avoid the disclosure of information that is commercially sensitive, or the
disclosure of information that may materially affect the rights of a person or
body.
(3) Without limiting this section, the Commissioner may use a code or
other system of identification under which the Commissioner can separately
identify any person or body, and may provide that identifying information, and
any other information obtained during the course of the Inquiry, to the Minister
or another public official, as the Commissioner thinks fit.
11—Completion
of Inquiry and presentation of report
(1) The Commissioner must complete the Inquiry, and prepare a report on
its outcome, before 30 November 2021.
(2) A copy of the report of the Commissioner under this section must be
delivered to the Attorney-General and to the Minister.
(3) The Attorney-General must, within 6 sitting days after receiving
the report, cause a copy of the report from the Commissioner to be laid before
each House of Parliament.
12—Report
of Minister in response to Commissioner's report
The Minister must respond to the report of the Commissioner under
section 11
as follows:
(a) within 3 months after receipt of the report by the
Attorney-General, the Minister must make a preliminary response indicating which
(if any) of the recommendations of the Commissioner it is intended be carried
out; and
(b) within 6 months after receipt of the report by the
Attorney-General, the Minister must make a full response
stating—
(i) the recommendations of the Commissioner that will be carried out and
the manner in which they will be carried out; and
(ii) the recommendations of the Commissioner that will not be carried out
and the reasons for not carrying them out; and
(c) for each year for 5 years following the making of the full
response, the Minister must, within 3 months after the end of the year,
make a further response stating—
(i) the recommendations of the Commissioner that have been wholly or
partly carried out in the relevant year and the manner in which they have been
carried out; and
(ii) if, during the relevant year, a decision has been made not to carry
out a recommendation of the Commissioner that was to be carried out, the reasons
for not carrying it out; and
(iii) if, during the relevant year, a decision has been made to carry out
a recommendation of the Commissioner that was not to be carried out, the reasons
for the decision and the manner in which the recommendation will be carried out;
and
(d) a copy of each response must be laid before each House of Parliament
within 6 sitting days after it is made.
(1) An authorised person has, in connection with the conduct of the
Inquiry, and in respect of any report prepared as part of the Inquiry, the same
protection, privileges and immunities as a Judge of the Supreme Court.
(2) No subpoena or other process may be issued by a court, tribunal or
other authority—
(a) requiring a person who is or has been an authorised person, or
appointed or engaged under
section 9
, to appear to give evidence of matters coming to the person's notice in
the person's official capacity or former official capacity; or
(b) requiring the production of a document, object or
substance—
(i) that was prepared or made in the course of, or for the purposes of,
the Inquiry; or
(ii) that is in the possession of the Inquiry or that was in the
possession of the Inquiry immediately before completion of the
Inquiry,
and any such process issued before the commencement of this subsection will
be of no force or effect.
(3) A person who appears before the Inquiry, or who provides evidentiary
material to the Inquiry, has the same protection, privileges and immunities as a
witness in proceedings before the Supreme Court.
(4) A legal practitioner who represents a person in connection with the
Inquiry has the same protection, privileges, immunities and obligations as
counsel involved in proceedings before the Supreme Court.
Despite a preceding section, if a person is required to provide information
or answer a question under this Act and the information or answer would tend to
incriminate the person or make the person liable to a penalty, the person must
nevertheless provide the information or answer the question but the information
or answer is not (except in proceedings for an offence against this Act)
admissible in evidence against the person in any criminal or civil proceedings
in any court.
The Governor may make such regulations as are necessary or expedient for
the purposes of this Act.