South Australian Current Acts

MINING ACT 1971 - SECT 63S

63S—Application for determination

        (1)         If agreement between the proponent and the native title parties is not reached within the relevant period, any party to the negotiations or the Minister may apply to the ERD Court for a determination.

In this subsection, the "relevant period" is 6 months from when the negotiations were initiated.

        (2)         On an application under this section, the ERD Court may determine—

            (a)         that mining operations may not be conducted on the native title land; or

            (b)         that mining operations may be conducted on the native title land subject to conditions determined by the Court.

        (3)         If the ERD Court determines that mining operations may be conducted on native title land, the determination—

            (a)         must deal with the notices to be given or other conditions to be met before the land is entered for the purposes of mining operations; but

            (b)         cannot provide for payment to the native title parties based on profits or income derived from mining operations on the land or the quantity of minerals produced.

        (4)         The ERD Court must make its determination on an application under this section within the relevant period unless there are special reasons why it cannot do so.

In this subsection, the "relevant period" is 6 months from when the application is made.

        (5)         The representative Aboriginal body for the area in which the land is situated is entitled to be heard in proceedings under this section.