Energy Resources Act 2000
Part 2Administration
Start here
Get a plain-English read of Part 2
Turn the raw legal text into a practical explanation grounded in Energy Resources Act 2000.
Part 2—Administration Division 1—The Minister 6—Administration The Minister has the general administration of this Act. 6A—Interaction with other legislation The Minister must, in acting in the administration of this Act, take into account the following insofar as they may be relevant: (a) the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; (b) the objects of the Marine Parks Act 2007; (c) the objects of the Landscape South Australia Act 2019; (d) the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act. 7—Delegation (1) The Minister may— (a) delegate any of the Minister's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or (b) vary or revoke a delegation under this section. (1a) The Treasurer may— (a) delegate any of the Treasurer's powers or functions under this Act to a specified person, or a person holding or acting in a specified office or position; or (b) vary or revoke a delegation under this section. (2) If the terms of an instrument of delegation allow for subdelegation, the delegate may subdelegate the power or function in accordance with the instrument. (3) A delegation or subdelegation does not prevent the exercise of a delegated power or function by the delegator. (4) Notice of a delegation or subdelegation, or the variation or revocation of a delegation or subdelegation, under this section is to be published in the Gazette. Division 2—Authorised officers 8—Authorised officers (1) The Minister may, by instrument in writing, appoint a person to be an authorised officer under this Act. (2) An appointment under this section may be subject to conditions set out in the instrument of appointment. (3) Without limiting this section, a person appointed as an inspector under the Work Health and Safety Act 2012 will be taken to have been appointed as an authorised officer under this section. 9—Identity cards (1) Subject to subsection (3), the Minister must issue to each authorised officer an identity card— (a) stating the name of the authorised officer; and (b) containing a photograph of the authorised officer; and (c) stating that the person whose name and photograph appear on the card is an authorised officer for this Act. (2) If an authorised officer proposes to exercise powers under this Act against a person, the authorised officer must, if practicable, produce the identity card for inspection. (3) If an authorised officer is an inspector under the Work Health and Safety Act 2012— (a) the Minister is not required to issue an identity card to the inspector; and (b) for the purposes of subsection (2), a reference to an identity card will be taken to include an identity card issued to the inspector under section 157 of that Act. Division 3—Authorised investigation or survey 9A—Authorised investigation or survey (1) Subject to this section, an authorised person may, for the purpose of making any geological, geophysical or geochemical investigation or survey— (a) enter and remain on any land with such assistants, vehicles and equipment as may be necessary or expedient for the purposes of the investigation or survey; and (b) conduct such an investigation or survey on the land; and (c) take, and remove from the land, any geological specimens or samples. (2) An authorised person must not undertake an investigation or survey under this section unless the authorised person has, at least 14 days before entering the land, given written notice, in a manner and form determined by the Minister, to the owner of land and any licensee in respect of an area of land in which the investigation or survey will be undertaken— (a) describing the area of land in which the investigation or survey will be undertaken; and (b) setting a completion date in respect of the investigation or survey. (3) An authorised person— (a) must not recover from any land more material than is reasonably necessary for the purpose of making the relevant investigation or survey; and (b) must not unnecessarily impede or obstruct the lawful use or enjoyment of any land by an owner of the land; and (c) if the authorised person is not the Minister—must provide the Minister with the results of the investigation or survey conducted by the person in a manner, and within a period, specified by the Minister in the notice of authorisation. (4) The Minister must, at least 14 days before an authorised person undertakes an investigation or survey under this section, by notice in the Gazette— (a) describe the area of land in which the investigation or survey will be undertaken; and (b) set a completion date in respect of the investigation or survey. (5) The Minister may vary the completion date set under subsection (4)(b) by further notice in the Gazette, and must notify the owner of land and any licensee in respect of the area of land in which the investigation or survey is being undertaken of the varied completion date. (6) The Minister may refuse to receive and consider an application for a licence under this Act in respect of the land described in a notice under subsection (4) until the completion date set by the Minister. (7) The Minister may publish, in a manner the Minister thinks fit, the results of an investigation or survey made under this section. (8) A person must not, without reasonable excuse, hinder or obstruct a person exercising a power under this section. Maximum penalty: $20 000 or imprisonment for 6 months. (9) In this section— authorised person means a person authorised by the Minister by notice in the Gazette to undertake an investigation or survey under subsection (1).