Mining Act 1971

This Act may be cited as the Mining

Act 1971.

In this Act, unless the contrary intention appears—

Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary

Act 2005;

advanced exploration operations—see subsection (1a);

ancillary operations means—

ancillary operations for the carrying on of any business that may be conducive to the effective conduct of mining operations or operations associated with providing amenities for persons engaged in the conduct of mining operations; or

operations which are brought within the ambit of this definition by a determination of the Minister or by the regulations, but does not include operations excluded from the ambit of this definition by a determination of the Minister or by the regulations;

appropriate court means—

the Supreme Court; or

the ERD Court; or

if proceedings do not involve a monetary claim, or a claim for more than $250 000—the Warden's Court;¹

authorised officer means a person who holds an appointment under section 14;

authorised operations means—

exploration operations; or

mining operations; or

ancillary operations;

baseline means the baseline adjacent to the coast of the State (including the coast of any island forming part of the

State) for the time being determined under section 7(2)(b) of the

Seas and Submerged Lands

Act 1973 of the Commonwealth;

business day means any day except—

a Saturday, Sunday or public holiday; or

a day which falls between 25 December and 1 January in the following year;

council has the same meaning as in the

Local Government

Act 1999 and includes a body corporate that is, by virtue of any Act, deemed to be, or vested with the powers of, a council;

declared equipment means—

a trench digger or excavator; or

drilling equipment within a class prescribed by the regulations;

or

mechanically driven equipment, equipped with a blade or bucket of a width exceeding 750 mm, capable of ripping, gouging, scooping or digging earth or rock material; or

equipment that is capable of digging, boring or tunnelling underground, generally in a horizontal plane, with a cross sectional dimension greater than 750 mm;

director of a company includes a person occupying or acting in the position of a director or member of the governing body of the company, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;

the Director of Mines or the

Director means the person assigned by the Minister to exercise the powers and discharge the duties of the officer so designated by this

Act;

environment—see subsection (4);

ERD Court means the Environment, Resources and

Development Court established under the Environment, Resources and Development Court Act 1993;²

exempt land means land that is exempt from authorised operations under section 9;

exploration authority means—

a right to prospect for minerals under section 20;

a mineral claim;

an exploration licence;

a retention lease (but only if the mining operations to which the lease relates are limited to exploring);

exploring or exploration operations means operations of any kind in the course of—

prospecting for minerals; or

exploring for minerals; or

establishing the extent of a mineral deposit; or

undertaking any other activity brought within the ambit of this definition by a determination of the Minister or by the regulations;

or

providing for the rehabilitation of land on account of the impact of any operations under a preceding paragraph, including such operations carried out at a private mine, and being operations that are classified as low impact exploration operations or advanced exploration operations under subsection (1a), and to explore and exploratory have corresponding meanings;

extractive minerals means sand, gravel, stone, shell, shale or clay, but does not include—

any such minerals that are mined for a prescribed purpose;

or

fire clay, bentonite or kaolin; or

proppant sand;

fossicking means the gathering of minerals—

as a recreation; and

without any intention to sell the minerals or to utilise them for a commercial or industrial purpose, but does not include the gathering of minerals by any means involving disturbance of land or water by machinery or explosives;

low impact exploration operations—see subsection (1a);

machinery means any device operated otherwise than by muscular force exerted by the operator;

marine park has the same meaning as in the

Marine Parks

Act 2007;

mine means any place in which mining operations are carried out;

mineral land means any land that is mineral land in consequence of a declaration under this Act;

mineral tenement means—

a claim, lease or licence under this Act; or

an entitlement under this Act with respect to a private mine, (and includes, if the context so requires, the place that constitutes such a claim, lease, licence or private mine);

minerals means—

any naturally occurring deposit of metal or metalliferous ore, precious stones or any other mineral (including sand, proppant sand, gravel, stone, shell, coal, oil shale, shale and clay); or

any metal, metalliferous substance or mineral recoverable from the sea or a natural water supply; or

any metal, metalliferous ore or mineral that has been dumped or discarded—

in the course of mining operations or operations incidental to mining operations; or

in other prescribed circumstances;

but does not include—

soil or moss rocks; or

petroleum or any other substance, the recovery or production of which is governed by the Energy Resources

Act 2000;

mining or mining operations means—

operations carried out in the course of prospecting, exploring or mining for minerals; or

without limiting paragraph (a), any operations by which minerals are recovered from any place or situation, including by recovering minerals from the sea or a natural water supply; or

on‑site operations undertaken to make minerals recovered from the site a commercially viable product, other operations involving such minerals, or other operations involving minerals brought on to the site of a mine for processing; or

operations carried out at a private mine; or

operations which are brought within the ambit of this definition by a determination of the Minister or by the regulations; or

operations for the rehabilitation of land on account of the impact of any operations under a preceding paragraph, or on account of a mine closure;

or

operations that are directly related to any operations under a preceding paragraph, but does not include—

an investigation or survey under section 15; or

fossicking; or

the surface removal of loose rock material disturbed by agricultural operations;

mining register means the register kept by the

Mining Registrar under section 15AA;

a mining registrar means a person appointed as a mining registrar under section 13 and includes the Mining

Registrar;

the Mining Registrar means a person appointed as the Mining Registrar under section 13 and includes a person who is acting in the position of Mining Registrar;

Mining Rehabilitation Fund or

fund means the Mining Rehabilitation Fund established under section 62AA;

Murray‑Darling Basin has the same meaning as in the Water

Act 2007 of the Commonwealth;

native title, native title holder and native title land—see

Native Title (South Australia)

Act 1994;³

native title mining determination means a determination authorising a tenement holder to enter land and carry out mining operations on the land under

Part 9B;

opal development area means an area within a precious stones field declared by the Minister under section 8A to be an opal development area;

owner of land means—

a person who holds a registered estate or interest in the land conferring a right to immediate possession of the land; or

a person who holds native title in the land; or

a person who has, by statute, the care, control or management of the land; or

a person who is lawfully in occupation of the land;

or

a person who holds a licence or permit under the

Hydrogen and Renewable Energy Act

2023;

precious stones has the same meaning as in the

Opal Mining Act 1995;

precious stones field means a precious stones field under the Opal Mining

Act 1995;

private mine means an area declared to be a private mine under section 19 as in force immediately before

1 September 2000;

production tenement means—

a mining lease;

a retention lease (if the mining operations to which the lease relates are not limited to exploring);

an entitlement under this Act with respect to a private mine;

proprietor, in relation to a private mine, means a person who was, on the commencement of this Act, divested of property in the minerals for the recovery of which the mine is operated, or a person lawfully claiming under that person;

prospecting means operations of any kind in the course of exploring for minerals except such as involve the disturbance of land or water by machinery or explosives, and to prospect has a corresponding meaning;

registered representative of native title holders—see Part 4 Native Title (South Australia)

Act 1994;

related body corporate, in relation to a particular entity (being a body corporate), is a body corporate that is related to the entity under section 50 of the Corporations Act 2001 of the

Commonwealth;

relevant Minister means—

in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide

Dolphin Sanctuary Act 2005 is committed;

or

in relation to a marine park—the Minister to whom the administration of the Marine Parks

Act 2007 is committed; or

in relation to a River Murray Protection Area or the

Murray‑Darling Basin—the Minister to whom the administration of the River Murray

Act 2003 is committed;

the repealed Act means the Mining

Act 1930 repealed by this Act;

River Murray Protection Area means a River

Murray Protection Area under the River Murray

Act 2003;

royalty assessment principles means the principles set out in section 17 that apply for the purposes of assessing royalty;

senior warden means a warden nominated by the

Attorney‑General to be the senior warden of the Warden's

Court;

specially protected area means—

the Adelaide Dolphin Sanctuary; or

a marine park; or

a River Murray Protection Area;

subsurface stratum means a stratum resulting from the division of mineral land into strata under this Act, being a stratum that lies beneath a surface stratum;

surface stratum means a stratum resulting from the division of mineral land into strata under this Act, being a stratum of which the upper surface is the surface of those lands;

tenement holder, or holder in relation to a mineral tenement, means—

the registered holder of a mineral tenement; or

in relation to a private mine—

in Part 2ADivisions 1 to

5 (inclusive)—a proprietor of a private mine; or

in any other case—a person carrying out mining operations in relation to a private mine, and includes—

a person who is prospecting for minerals under section 20; and

an executor, administrator or successor at law;

warden means a magistrate nominated by the

Attorney-General to exercise the jurisdiction and powers of a warden under this

Act;

the Warden's Court means the Warden's Court constituted under Part

10.

For the purposes of this Act, exploration operations are classified—

as low impact exploration operations, being exploration operations—

which are not reasonably expected to have any significant adverse impact on the environment; or

which will reduce the impact of such operations on the environment;

or

which are brought within the scope of low impact exploration operations by determination of the Minister or by the regulations, that do not fall within the scope of paragraph (b)(i) or

; or

as advanced exploration operations, being exploration operations—

which involve the use of declared equipment; or

which fall outside the scope of paragraph (a)(i) or

; or

which are brought within the scope of advanced exploration operations by determination of the Minister or by the regulations.

Where mineral land is divided into strata under this Act, a reference to land, or an area, shall, where appropriate, be construed as a reference to the surface stratum or a subsurface stratum, as the case may require.

An explanatory note to a provision of this Act forms part of the provision to which it relates.

Subject to subsections (5) and (6), environment includes—

land, air, water (including both surface and underground water and sea water), organisms, ecosystems, native fauna and other features or elements of the natural environment; and

buildings, structures and other forms of infrastructure, and cultural artefacts; and

existing or permissible land use; and

public health, safety or amenity; and

the geological heritage values of an area; and

the aesthetic or cultural values of an area.

In relation to a particular mineral tenement, paragraphs (c) and (e) of subsection (4) apply according to the circumstances existing at the time that the tenement is (or was) granted.

Subsection (4) does not apply to or in relation to

Parts

9B or 11B.

A reference to a private mine in a definition in this section only has effect to the extent that the defined term is used in a provision of this

Act that applies to or in relation to a private mine, or to a person carrying out operations in relation to a private mine, by virtue of the operation of section 73D.

Any determination of the Minister under this section—

must be published in the Gazette; and

may be varied or revoked by the Minister by a subsequent notice published in the Gazette.

A provision of this Act that requires a tenement holder (or prospective tenement holder)—

to obtain the agreement or consent of an owner of land;

or

to give a notice to, or to serve a notice on, an owner of land, will, in relation to a person who is within the ambit of paragraph (c) or

of the definition of owner of land, apply—

to the extent that the tenement holder (or prospective tenement holder) is aware of such a person; or

to the extent that it is reasonable to expect the tenement holder (or prospective tenement holder) to be aware of such a person.

Editorial Notes1 All native title questions arising in proceedings before the

Warden's Court must be referred to the ERD Court—see Part 3

Native Title (South Australia)

Act 1994.2 The Environment, Resources and Development Court

Act 1993 and the Native Title (South

Australia) Act 1994 contain provisions under which the

ERD Court may refer cases to the Supreme Court, or the Supreme Court may remove cases commenced before the ERD Court into the Supreme Court.3 Part 5 of the Native Title (South Australia)

Act 1994 sets out the method of service on native title holders.

Except as otherwise provided, this Act applies only in respect of mineral land.

The regulations may provide that a specified provision of this Act applies, or applies with prescribed modifications, to or in relation to land that is not mineral land.

The regulations may provide that a specified provision of this Act does not apply, or applies with prescribed modifications, to or in relation to mining operations for the recovery of extractive minerals that are authorised under another Act.

Royalty is payable under this Act in respect of the recovery of extractive minerals under another Act, except where the provisions of the other

Act provide that royalty is not payable under this

Act.

Except where the operations are being carried out in an opal development area, this Act does not regulate authorised operations for the recovery of precious stones if those operations are carried out under the authority of a permit or tenement issued under the Opal Mining

Act 1995.

The Governor may, by proclamation—

declare any land in the State or any land under coastal waters on the landward side of the baseline to be mineral land; or

divide mineral land into a surface stratum and one or more subsurface strata and fix the depth of the surface stratum and the depth of any subsurface stratum below which lies any further subsurface stratum resulting from the division; or

reserve from the operation of this Act, or any provisions of this

Act, any land specified in the proclamation, and the proclamation shall have effect according to its terms.

The Governor may, by subsequent proclamation, vary or revoke any proclamation made pursuant to this section.

The depth of strata into which mineral land is divided under this section may vary from place to place but, where the mineral land constitutes a precious stones field or part of a precious stones field, the depth of the surface stratum must be at least 50 metres.

Land that is subject to a mineral tenement but is on the seaward side of the baseline because of a change in the position of the baseline after the tenement was granted will be taken to be mineral land until it ceases to be subject to the tenement and to all successive tenements (if any).

This Act applies to and in relation to land referred to in subsection (4) to the exclusion of the

Offshore Minerals

Act 2000.

A mineral tenement is a successive tenement in relation to another tenement if—

it applies to the same land or to part of the land covered by the other tenement; and

it takes effect immediately after the other tenement expires or, where there are two or more successive tenements, immediately after the tenement immediately preceding it expires; and

it is granted to the person who held the other tenement.

A proclamation made before 29 June 1972 cannot limit or affect, and will be taken not to have limited or affected, the exercise of the power to make a proclamation under this section on or after that date, and to the extent to which there is an inconsistency between a proclamation made on or after that date and a proclamation made before that date (including, in relation to the earlier proclamation, a proclamation that reserved specific land from the operation of the repealed Act), the later proclamation will prevail.

The Minister may, by notice in the Gazette, declare mineral land within a precious stones field to be an opal development area for the purposes of this Act, and the declaration will have effect according to its terms.

A person must not carry out authorised operations in an opal development area except under the authority of an exploration licence or mining lease under this Act.

The Minister may, by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1).

Subject to this section—

land that is lawfully and genuinely used—

as a yard or garden;

as a cultivated field, plantation, orchard or vineyard;

as an airfield, railway or tramway;

as the grounds of a church, chapel, school, hospital or institution; or

land that constitutes any parklands or recreation grounds under the control of a council; or

land—

that is dedicated or reserved, pursuant to statute, for the purpose of waterworks; or

that is vested in the Minister of Public Works for the purpose of waterworks; or

that is comprised within an easement in favour of the Minister of

Public Works; or

land that constitutes a forest reserve under the

Forestry Act 1950; or

any separate parcel of land of less than 2 000 square metres within any city, town or township; or

land that is situated within a distance prescribed by the regulations for the purposes of this paragraph from infrastructure (other than infrastructure of a prescribed kind) that is being constructed, installed, operated, maintained or decommissioned pursuant to the

Hydrogen and Renewable Energy

Act 2023; or

land that is situated—

within the prescribed distance of a building or structure used as a place of residence (except a building or structure of a class excluded by regulation from the ambit of this paragraph); or

within 150 metres of—

a building or structure, with a value equal to or exceeding the prescribed amount, used for an industrial or commercial purpose;

or

a spring, well, reservoir or dam, (but not if it is an improvement made for the purposes of authorised operations), will be exempt from authorised operations in pursuance of this Act and, unless the benefit of the exemption is waived under section 9AA, no claim, lease or licence will authorise authorised operations on such land (but this section does not restrict prospecting under section 20 or establishing a claim on such land or the issue of a mineral tenement (subject to gaining access under this

Act)).

Where any land is subject to a claim, lease or licence under this

Act and that land would, but for this subsection, be land exempt from authorised operations in pursuance of this Act by reason only of a fact or circumstance occurring or arising subsequent to establishing a claim or an application for a lease or licence, that land shall not be exempt from operations in pursuance of this Act.

The following persons will, for the purposes of this Act, be regarded as having the benefit of an exemption under this section (and subject to an order of a court under section 9AA, each person who has the benefit of an exemption must be a party to an agreement to waive the benefit before the land can cease to be exempt land):

the owner of the exempt land;

in the case of land that is exempt from authorised operations under subsection (1)(d) by reason of its proximity to other land on which a building, structure, spring, well, reservoir or dam is situated—the owner of that other land.

This section does not affect any provision of the

Pastoral Land Management and Conservation

Act 1989 prohibiting or restricting the conduct of authorised operations on lands subject to that Act.

In this section—

Minister of Public Works means the Minister to whom the administration of the Water

Industry Act 2012 is committed;

prescribed amount means—

$2 500; or

if a greater amount is prescribed by regulation for the purposes of this definition—that amount;

prescribed distance means—

in relation to low impact exploration operations—200 metres; and

in relation to advanced exploration operations or any operations for the recovery of extractive minerals—400 metres;

and

in relation to any other authorised operations—

a distance prescribed by the regulations (which may make different provision according to the circumstances or thing to which it is expressed to apply); or

if no distance is prescribed under subparagraph (i)—600 metres.

A tenement holder may, by written notice given to an owner of land who has the benefit of an exemption under section 9, request the owner to enter into an agreement with the tenement holder to waive the benefit of the exemption.

If a mineral claim is registered or an application is made for a production tenement or miscellaneous purposes licence, an owner of land who has the benefit of an exemption under section 9 in respect of the land to which the claim or application relates may, by written notice given to the tenement holder, advise the tenement holder of the owner's position in relation to the waiver of the benefit of the exemption, and the conditions (if any) on which the owner may agree to waive the benefit of the exemption.

A notice under subsection (1) or

must be in a form determined or approved by the Minister.

An agreement to waive the benefit of an exemption—

must be in writing; and

may be made on such terms and conditions as the parties think fit;

and

takes effect on the expiry of the cooling‑off period (unless earlier rescinded).

An owner of land who has entered into an agreement with a tenement holder to waive the benefit of an exemption may, by giving the tenement holder written notice before the expiration of the cooling‑off period of the owner's intention not to be bound by the agreement, rescind the agreement.

If in legal proceedings the question arises whether a notice rescinding an agreement has been given in accordance with this section, the onus of proving the giving of the notice lies on the owner of land rescinding the agreement.

If a tenement holder has been unable to reach an agreement to waive the benefit of an exemption with an owner of land, the tenement holder may apply to the appropriate court for an order waiving the benefit of the exemption for the owner.

The court may refuse to determine an application by a tenement holder under subsection (7) unless the tenement holder satisfies the court that—

a notice has been given under subsection (1) or (1a); and

the tenement holder provided the owner of land with information prescribed by the regulations for the purposes of this section;

and

—

in the case of a notice given to the owner of land under subsection (1)—the tenement holder has made a reasonable attempt to reach agreement with the owner of land (whether before or after notice requesting the owner to enter into an agreement was given to the owner); or

in the case of a notice given to the tenement holder under subsection (1a)—the tenement holder has made a reasonable attempt, having regard to the matters set out in the notice, to negotiate with the owner of land.

If an application is made for a production tenement or a miscellaneous purposes licence and the relevant consultation period in relation to the application has ended, an owner of land who—

has the benefit of an exemption under section 9 in respect of the land to which the application relates; and

has given notice to the tenement holder under subsection (1a), may apply to the appropriate court for orders under subsection (9).

On an application under this section, the court may make

1 or both of the following orders:

an order confirming that the owner of land is entitled to the benefit of an exemption under section 9;

if the tenement holder or owner of land satisfies the court that any adverse effects of the proposed authorised operations on the owner of land can be appropriately addressed by the imposition of conditions on the tenement holder (including the payment of compensation to the owner)—an order waiving the benefit of the exemption and imposing such conditions on a party to the proceedings as the court thinks fit (including a condition requiring the payment of compensation to the owner of land).

The court may not make an order for costs against the owner of land unless the court considers that it is appropriate to do so on the ground that the owner—

has obstructed or unnecessarily delayed the proceedings;

or

has failed to attend any proceedings or failed to comply with a rule, order or direction of the court.

If an agreement or order to waive the benefit of an exemption takes effect under this section in respect of exempt land, the land ceases to be exempt land, but the exemption revives on completion of the authorised operations in respect of which the agreement or order was made or at such earlier time as may be stipulated in that agreement or order.

An agreement or order to waive the benefit of an exemption under this section is binding on—

successors in title to those owners of land who had the benefit of the former exemption; and

the holders from time to time of any mineral tenement under which authorised operations (being authorised operations in respect of which the agreement or order was made) are carried out.

Subsections (11) and (12) apply to an agreement to waive an exemption under section 9 entered into before the designated day as if it were an agreement to waive the benefit of an exemption under this section.

A tenement holder is liable to indemnify an owner of land—

to whom the tenement holder gives a notice under subsection (1); or

who gives the tenement holder a notice under subsection (1a); or

who makes application for orders to the appropriate court under subsection (8a) in connection with an application made for a production tenement or a miscellaneous purposes licence made by the tenement holder, for the reasonable costs of obtaining legal assistance relating to the operation of this section up to $2 500 or, if some other amount is prescribed by regulation, that amount.

An application under this section may be made to the Supreme Court only with the permission of the Court.

If an agreement is entered into under this section, the tenement holder must give notice of the agreement to the Mining Registrar for registration on the mining register.

Nothing in this section derogates from the jurisdiction of the

Warden's Court under section 67 to determine whether or not land is exempted from authorised operations under section 9.

In this section—

business day means a day other than a Saturday,

Sunday or public holiday;

cooling‑off period, in relation to an agreement with a tenement holder to waive the benefit of an exemption, means the period commencing when the agreement is made and concluding at the end of the fifth clear business day after the day on which the agreement is made;

designated day means a day declared by proclamation to be the designated day for the purposes of this definition;

relevant consultation period means the period for public consultation in relation to an application for a mineral tenement under section 56H(3).

The Minister may, by notice in the Gazette, declare any land to be exempt from—

mining; or

a specified class of mining; or

a specified provision of this Act; or

this Act, other than any specified provision excluded from the operation of this section by the regulations, and the notice will (subject to this section) have effect according to its terms.

The Minister must, as soon as practicable after the publication of a notice under subsection (1), prepare a report on the matter (including an outline of the reasons for the declaration and the expected impact of the declaration) and cause copies of the report to be laid before both Houses of Parliament.

The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1).

A notice under subsection (1) will not have effect—

in relation to a mineral tenement in force at the time that the notice takes effect; or

so as to prevent a person applying for (and being granted) a subsequent tenement on account of a right arising under a mineral tenement in force at the time that the notice takes effect; or

so as to prevent a person establishing a mineral claim (identified in any manner allowed or approved under this Act) after the notice takes effect on account of a right to carry out exploratory operations under an exploration licence in force at the time the notice takes effect, or under a subsequent tenement under paragraph (b), where the tenement holder has reported to the Director of Mines the discovery on the relevant land of minerals that are potentially capable of economic production (including so as to allow a person to apply for (and being granted) a mineral tenement on account of the establishment of the mineral claim), but otherwise a person does not have a right to apply for a mineral tenement in respect of land subject to the operation of the declaration unless specifically authorised to do so by the Minister (either under the terms of the notice under subsection (1) or under a specific authorisation granted by the Minister in connection with the operation of this section).

While land is subject to the operation of a declaration under subsection (1), the land, to the extent of the exemption, may be dealt with by the Minister in accordance with this section and to that extent is not subject to the other provisions of this

Act.

Without limiting subsection (5), the Minister may, while land is exempt under this section—

call for applications for the grant of such mineral tenements as the Minister determines in respect of the land or any part of the land;

determine any matter relating to the status or priority of any claim over the land (and, as a result of any such determination, require the removal of any pegs, cancel the operation of any claim, determine not to process any application, or take such other action as the Minister thinks fit);

provide for the management of the land, or any mining right or interest (or potential right or interest) in respect of the land, in such other manner as the Minister thinks fit.

If the Minister calls for applications under subsection (6)(a)—

a person applying to the Minister in response to the call must do so in such manner as the Minister may require; and

the Minister may, on reviewing any application received in response to the call—

grant a mineral tenement under this Act, subject to such terms and conditions as the Minister thinks fit; or

refuse the application.

A declaration under subsection (1) has effect until it is revoked under subsection (3) or until it expires under subsection (9), whichever first occurs.

A declaration under subsection (1) will expire at the end of the period of 2 years from its date of operation unless it is extended for a period or periods, not exceeding 2 years at a time, by further notice published by the Minister in the Gazette.

The Minister must cause copies of a notice of extension published under subsection (9) to be laid before both Houses of

Parliament.

If either House of Parliament passes a resolution disallowing a notice laid before it under subsection (10) then the declaration under subsection (1) will immediately cease to have effect.

A resolution is not effective for the purposes of subsection (11) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice under subsection (9) was laid before the

House.

Where a resolution is passed under subsection (11), notice of that resolution must forthwith be published in the Gazette.

Subject to the appropriate regulations for preventing undue interference with public use, the rights conferred by this Act may be exercised in respect of any public road, reserve or place.

The Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant:

the objects and objectives of the Adelaide Dolphin Sanctuary

Act 2005;

the objects of the Marine

Parks Act 2007;

the objects of the Landscape

South Australia Act 2019;

the objects of the River

Murray Act 2003 and the Objectives for a Healthy

River Murray under that Act;

the code of management of wilderness protection areas and wilderness protection zones under the Wilderness Protection

Act 1992.

The Minister and the Director of Mines shall each be a corporation sole.

The Minister may delegate any power or function vested in or conferred on the Minister—

under this Act; or

under any other Act prescribed by the regulations for the purposes of this subsection.

The Treasurer may delegate any power or function vested in or conferred on the Treasurer under this Act.

The Director of Mines may delegate any power or function vested in or conferred on the Director of Mines—

under this Act; or

under any other Act.

If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument (and a reference in this section to a delegation will then extend to any such subdelegation).

A delegation under this section—

may be absolute or conditional; and

may be made—

to a specified person or body; or

to a person for the time being holding or acting in a specified office or position; and

does not derogate from the power of the delegator to act in any matter; and

is revocable at will by the delegator.

In any legal proceedings an apparently genuine certificate, purportedly signed by the Minister or the Director, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.