Part 10Warden's Court—general provisions

Part 10—Warden's Court—general provisions 64—Establishment of Warden's Court (1) There shall be a court entitled the "Warden's Court". (1a) The jurisdiction of the Warden's Court will be such jurisdiction as is— (a) conferred by or under this or any other Act; or (b) contemplated by this or any other Act. (2) The jurisdiction of the Warden's Court shall be exercisable by any warden. (3) The Warden's Court may sit at such times and places as may be determined by a warden exercising the jurisdiction of the court and the jurisdiction of the Warden's Court may be exercised by a warden notwithstanding that another warden is simultaneously exercising the jurisdiction of the court in some other matter. 65—Powers etc of Warden's Court (1) For the purposes of proceedings before the Warden's Court, the Court has— (a) the powers and authorities of the Magistrates Court of South Australia (other than a prescribed power or authority); and (b) any additional powers or authorities prescribed by the regulations for the purposes of this subsection. (1a) A summons may be issued on behalf of the Court by— (a) a warden; or (b) any other officer (including an officer of another court) authorised by the rules of the Court to issue summonses. (2) The Warden's Court shall have power to issue injunctions. (3) An appeal shall lie against a judgment or order of the Warden's Court to the ERD Court. (3a) The Director or the Mining Registrar may appeal against a judgment or order of the Warden's Court, whether or not he was a party to the proceedings in which the judgment or order was given or made. (3b) An appeal against a judgment or order of the Warden's Court must be instituted within 1 month after publication of the judgment or order, but the ERD Court may, for proper cause, extend the period for instituting an appeal. (4) Subject to any rules of the ERD Court, the practice and procedure relating to an appeal from a judgment or order of the Warden's Court shall conform as nearly as practicable to the practice and procedure applicable to an appeal under the Magistrates Court Act 1991. 66—Rules of Warden's Court (1) The senior warden may make rules respecting the practice and procedure of the Warden's Court. (1a) The rules may prescribe, and provide for, the payment of fees in respect of the lodging of documents in the Court or the issuing of documents by the Court. (2) The rules may provide for the enforcement of judgments and orders, and the punishment of contempt of the Warden's Court and, in particular, may provide that appropriate provisions of the Magistrates Court Act 1991 and of the District Court Act 1991 may apply, with such modifications as may be necessary or desirable and specified in the rules, in respect of judgments and orders of the Warden's Court. 66A—Removal of cases to ERD Court (1) A case of unusual difficulty or importance in the Warden's Court may be removed by order of the Warden's Court or the ERD Court into the ERD Court. (2) The ERD Court may exercise (in addition to its ordinary jurisdiction and powers) any of the powers of the Warden's Court in relation to a case removed into the ERD Court under this section. 67—Jurisdiction relating to tenements and monetary claims (1) The Warden's Court shall have jurisdiction to determine, in such manner as may be just, all actions concerning any right claimed in, under, or in relation to, any mineral tenement or purported mineral tenement. (1a) The Warden's Court will have jurisdiction to determine a monetary claim for not more than $150 000 arising in relation to any contract, partnership or joint venture arrangement related to, or otherwise associated with— (a) the acquisition or holding of any mineral tenement or purported mineral tenement; or (b) the performance of any authorised operations under this Act; or (c) the recovery of any minerals under this Act. (2) The Warden's Court shall have jurisdiction in any matter in which it is invested with jurisdiction by regulation. (3) The Director of Mines is entitled to appear in any proceedings before the Warden's Court. 70—Forfeiture and transfer of mineral tenement (a) a mineral claim; or (b) if the regulations so provide—an exploration licence; or (c) a mining lease; or (d) a retention lease. (2) Subject to this section, the Warden's Court may, on application under this section, adjudge that a mineral tenement to which this section applies is liable to forfeiture and recommend to the Minister that the tenement be forfeited. (2a) The regulations may— (a) provide that an applicant must satisfy any prescribed requirements before an application may be made under this section; and (b) provide that an applicant must be able to demonstrate any prescribed capability or other requirement as part of an application under this section; and (c) provide that an application must be supported by any evidence of a kind prescribed by the regulations; and (d) provide for limitations on, or exclusions from, an ability to make an application under this section; and (e) provide for other matters associated with making an application under this section. (2b) A recommendation may not be made by the Warden's Court under this section unless the Court is satisfied that 1 or more of the following have occurred in a material respect and that the matter is of sufficient gravity to justify the forfeiture of the mineral tenement: (a) a breach of this Act or any regulation; (b) without limiting paragraph (a)— (i) a breach of a term or condition of the tenement; or (ii) a breach of a program under Part 10A; (c) undue damage to the environment in connection with any authorised operations carried out under the tenement; (d) a failure to carry out activities associated with holding the relevant type of tenement within a reasonable time or to a reasonable extent. (3) Where the Warden's Court has recommended the forfeiture of a mineral tenement— (a) the Minister may, by notice in the Gazette, forfeit the mineral tenement to the Crown; and (b) the person on whose application the Court recommended forfeiture is then entitled to a transfer of the mineral tenement from the Crown for the balance of its term. (3a) A right to the transfer of a mineral tenement under subsection (3)— (a) does not arise in any circumstance prescribed by the regulations; and (b) expires at the end of a period prescribed by the regulations. (4) A transfer of a mineral tenement under subsection (3)(b) takes effect on publication of a notice of transfer in the Gazette. (4a) After an application has been made under this section, the mineral tenement to which the application relates shall not be transferred or surrendered until the application has been determined.