South Australian Current Acts South Australian Current Acts63O—Expedited procedure where impact of operations is minimal
(1) This section
applies to mining operations that—
(a) will
not directly interfere with the community life of the holders of native title
in the land on which the operations are to be carried out; and
(b) will
not interfere with areas or sites of particular significance, in accordance
with their traditions, to the holders of native title in the land on which the
operations are to be carried out; and
(c) will
not involve major disturbance to the land on which the operations are to be
carried out.
(2) If the proponent
states in the notice given under this Division that the mining operations to
which the notice relates are operations to which this section applies and that
the proponent proposes to rely on this section, the proponent may apply
without notice to any person to the ERD Court for a summary determination
authorising mining operations in accordance with the proposals made in the
notice.
(3) On an application
under subsection (2), the ERD Court may make a summary determination
authorising mining operations in accordance with the proposals contained in
the notice.
(4) However, if within
4 months after notice is given, a written objection to the proponent's
reliance on this section is given by the Minister, or a person who holds, or
claims to hold, native title in the land, the ERD Court must not make a
summary determination under this section unless the Court is satisfied after
giving the objectors an opportunity to be heard that the operations are in
fact operations to which this section applies.
(5) An objection under
subsection (4) must be given to the proponent and a copy given to the
ERD Court.