3Part 5 of the Native Title (South Australia) Act 1994 sets out the method of service on native title holders.

3 Part 5 of the Native Title (South Australia) Act 1994 sets out the method of service on native title holders. 7—Application of Act (1) Except as otherwise provided, this Act applies only in respect of mineral land. (2) 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. (2a) 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. (2b) 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. (3) 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. 8—Declaration of mineral land etc (1) The Governor may, by proclamation— (a) declare any land in the State or any land under coastal waters on the landward side of the baseline to be mineral land; or (ba) 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 (c) 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. (2) The Governor may, by subsequent proclamation, vary or revoke any proclamation made pursuant to this section. (3) 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. (4) 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). (5) This Act applies to and in relation to land referred to in subsection (4) to the exclusion of the Offshore Minerals Act 2000. (6) A mineral tenement is a successive tenement in relation to another tenement if— (a) it applies to the same land or to part of the land covered by the other tenement; and (b) 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 (c) it is granted to the person who held the other tenement. (7) 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. 8A—Opal development areas (1) 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. (2) 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. (3) The Minister may, by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1). 9—Exempt land (1) Subject to this section— (a) land that is lawfully and genuinely used— (i) as a yard or garden; (ia) as a cultivated field, plantation, orchard or vineyard; (ii) as an airfield, railway or tramway; (iii) as the grounds of a church, chapel, school, hospital or institution; or (b) land that constitutes any parklands or recreation grounds under the control of a council; or (ba) land— (i) that is dedicated or reserved, pursuant to statute, for the purpose of waterworks; or (ii) that is vested in the Minister of Public Works for the purpose of waterworks; or (iii) that is comprised within an easement in favour of the Minister of Public Works; or (bb) land that constitutes a forest reserve under the Forestry Act 1950; or (c) any separate parcel of land of less than 2 000 square metres within any city, town or township; or (ca) 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 (d) land that is situated— (i) 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 (ii) within 150 metres of— (A) a building or structure, with a value equal to or exceeding the prescribed amount, used for an industrial or commercial purpose; or (B) 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)). (2) 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. (3b) 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): (a) the owner of the exempt land; (b) 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. (4) 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. (5) 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— (a) $2 500; or (b) if a greater amount is prescribed by regulation for the purposes of this definition—that amount; prescribed distance means— (a) in relation to low impact exploration operations—200 metres; and (b) in relation to advanced exploration operations or any operations for the recovery of extractive minerals—400 metres; and (c) in relation to any other authorised operations— (i) 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 (ii) if no distance is prescribed under subparagraph (i)—600 metres. 9AA—Waiver of exemption (including cooling‑off) (1) 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. (1a) 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. (2) A notice under subsection (1) or (1a) must be in a form determined or approved by the Minister. (3) An agreement to waive the benefit of an exemption— (a) must be in writing; and (ab) may be made on such terms and conditions as the parties think fit; and (b) takes effect on the expiry of the cooling‑off period (unless earlier rescinded). (4) 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. (6) 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. (7) 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. (8) The court may refuse to determine an application by a tenement holder under subsection (7) unless the tenement holder satisfies the court that— (a) a notice has been given under subsection (1) or (1a); and (b) the tenement holder provided the owner of land with information prescribed by the regulations for the purposes of this section; and (c) — (i) 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 (ii) 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. (8a) 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— (a) has the benefit of an exemption under section 9 in respect of the land to which the application relates; and (b) has given notice to the tenement holder under subsection (1a), may apply to the appropriate court for orders under subsection (9). (9) On an application under this section, the court may make 1 or both of the following orders: (a) an order confirming that the owner of land is entitled to the benefit of an exemption under section 9; (b) 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). (10) 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— (a) has obstructed or unnecessarily delayed the proceedings; or (b) has failed to attend any proceedings or failed to comply with a rule, order or direction of the court. (11) 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. (12) An agreement or order to waive the benefit of an exemption under this section is binding on— (a) successors in title to those owners of land who had the benefit of the former exemption; and (b) 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. (13) 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. (14) A tenement holder is liable to indemnify an owner of land— (a) to whom the tenement holder gives a notice under subsection (1); or (b) who gives the tenement holder a notice under subsection (1a); or (c) 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. (14a) An application under this section may be made to the Supreme Court only with the permission of the Court. (14b) 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. (14c) 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. (15) 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). 9A—Special declared areas (1) The Minister may, by notice in the Gazette, declare any land to be exempt from— (a) mining; or (b) a specified class of mining; or (c) a specified provision of this Act; or (d) 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. (2) 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. (3) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1). (4) A notice under subsection (1) will not have effect— (a) in relation to a mineral tenement in force at the time that the notice takes effect; or (b) 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 (c) 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). (5) 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. (6) Without limiting subsection (5), the Minister may, while land is exempt under this section— (a) 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; (b) 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); (c) 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. (7) If the Minister calls for applications under subsection (6)(a)— (a) a person applying to the Minister in response to the call must do so in such manner as the Minister may require; and (b) the Minister may, on reviewing any application received in response to the call— (i) grant a mineral tenement under this Act, subject to such terms and conditions as the Minister thinks fit; or (ii) refuse the application. (8) A declaration under subsection (1) has effect until it is revoked under subsection (3) or until it expires under subsection (9), whichever first occurs. (9) 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. (10) The Minister must cause copies of a notice of extension published under subsection (9) to be laid before both Houses of Parliament. (11) 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. (12) 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. (13) Where a resolution is passed under subsection (11), notice of that resolution must forthwith be published in the Gazette. 10—Mining in respect of public roads and places 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. 10B—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; (e) the code of management of wilderness protection areas and wilderness protection zones under the Wilderness Protection Act 1992.