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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Development (Principles of Development
Control—Mining Operations—Flinders) Amendment
Bill 2010
A BILL FOR
An Act to amend the Development
Act 1993.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Development
Act 1993
4Amendment of section 75—Mining tenements
to be referred in certain cases to Minister
Schedule 1—Transitional
provision
1Transitional provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Development (Principles of Development
Control—Mining Operations—Flinders) Amendment
Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Development
Act 1993
4—Amendment
of section 75—Mining tenements to be referred in certain cases to
Minister
(1) Section 75(1)—after the definition of "designated mining
matter" insert:
Environmental Class A Zone means the area constituting the
Environmental
Class A Zone under the consolidated Development Plan for Land Not
Within a Council Area (Flinders), as in existence on
24 November 2010 (and as identified under
subsection (8)).
(2) Section 75(2)—after "that is required by" insert:
subsection (2a) or by
(3) Section 75—after subsection (2) insert:
(2a) A designated mining matter must be referred to the Minister for
advice if any of the operations to be conducted in pursuance of a mining
production tenement would be within the Environmental Class A
Zone.
(4) Section 75—after subsection (5) insert:
(5a) In addition (and without limiting subsection (5)), if any of the
operations to be conducted in pursuance of the mining production tenement would
be within the Environmental Class A Zone, the Minister must assess the
proposed operations after taking into account the principle of development
control under
subsection (5b).
(5b) The principle of
development control under this subsection is that no mining operations should be
conducted in the Environmental Class A Zone except where—
(a) the deposits of minerals are of such paramount significance that all
other environmental, heritage or conservation considerations may be overridden;
and
(b) the exploitation of those deposits is in the National or State
interest; and
(c) investigations have shown that alternative deposits are not available
on other land in the locality outside the Environmental Class A Zone;
and
(d) the operations to be carried out in pursuance of the tenement are to
be subject to stringent safeguards to protect the landscape and natural
environment.
(5c) If, after considering the principle of development control under
subsection (5b) (and
such other matters as the Minister thinks fit), the Minister determines (in his
or her discretion) that an application for a mining production tenement should
not be granted, the Minister may advise the appropriate Authority
accordingly.
(5) Section 75(6)—after "subsection (5)" insert:
or (5c)
(6) Section 75(6)—after "public environmental report"
insert:
and, if relevant, the principle of development control under
subsection (5b)
(7) Section 75—after subsection (7) insert:
(8) The Minister must, as soon as practicable after the commencement of
this subsection, by notice in the Gazette, publish a map or series of maps that
identify the Environmental Class A Zone under this section.
Schedule 1—Transitional
provision
The amendments made to the Development
Act 1993 by this Act do not apply in relation to an application for
a mining production tenement made under the Mining
Act 1971 before 24 November 2010.