Part 21Miscellaneous

Part 21—Miscellaneous 81—Public liability insurance (1) The holder of a mineral tenement must, before commencing operations under the tenement and for the duration of the tenement, maintain a policy of public liability insurance indemnifying the holder, in an amount that is reasonable taking into account the kind of tenement, the nature and extent of the operations carried out under the tenement, and relevant industry standards, in relation to any action arising out of the operations carried out under the tenement and complying with any other requirement (if any) determined by the Minister. Maximum penalty: $20 000. (2) The tenement holder must provide to the Minister a certificate evidencing the insurance coverage required by subregulation (1), and any endorsements or waivers relating to insurance coverage, in accordance with the requirements of this regulation. (3) A certificate under subregulation (2) must be provided to the Minister before operations commence under the relevant mineral tenement and then a current certificate must be provided to the Minister— (i) in relation to a private mine—by 30 June in each year; and (ii) in any other case—by each anniversary of the day on which the relevant mineral tenement was granted; or (b) if the Minister so determines—on another date in each year, or according to a particular frequency, determined by the Minister. (4) The tenement holder must, in accordance with this regulation, notify the Minister— (a) if any insurance obtained for the purposes of this regulation lapses without having been renewed; or (b) if there is a change in an insurance policy obtained for the purposes of this regulation, including a change in the level of cover. (5) A notification under subregulation (4)— (a) must be provided to the Minister within 14 days after the relevant event under that subregulation; and (c) must contain the information determined by the Minister, and be accompanied by such information or documents as the Minister may determine. (6) A tenement holder must, at the request of the Minister, provide to the Minister a copy of the policy of insurance relating to the requirements that apply under this regulation within a period specified by the Minister. 82—Confirmation of emergency direction For the purposes of section 70FB(4) of the Act, confirmation of a direction will be given by a notice of confirmation, in a form determined by the Director, given to the person to whom the emergency direction has been issued. 83—Confirmation of emergency order For the purposes of section 73KA(4) of the Act, confirmation of an emergency order will be given by a notice of confirmation, in a form determined by the Director, given to the person to whom the emergency order has been issued. 84—Declaration to accompany an application (general provision) (a) an application for— (i) a mining lease; or (ii) a retention lease; or (iii) a miscellaneous purposes licence; or (b) an application for a change in operations under Part 8B Division 7 of the Act; or (c) an application for the approval of a program, or for the approval of a revised program, under Part 10A of the Act. (2) Any information provided for the purposes of an application to which this regulation applies must be accompanied by a declaration, signed by the relevant prescribed person, to the effect that the person has taken reasonable steps to review the information and to ensure its accuracy. relevant prescribed person means— (a) in the case of an application to which subregulation (1)(c) applies—the holder of the tenement in respect of which the program or revised program is to apply; and (b) in any other case—the applicant. 85—Declaration to accompany an application (mine operations plans) (1) This regulation applies to an application for an approval in relation to a mine operations plan, or the review of a mine operations plan, under Part 11B of the Act. (2) Any information provided for the purposes of an application to which this regulation applies must be accompanied by a declaration, signed by the person who is carrying out mining operations at the mine, to the effect that the person has taken reasonable steps to review the information and to ensure its accuracy. 86—Fees (1) A designated person may— (a) on application; or (b) on the designated person's own initiative, waive, reduce or refund (in whole or in part) a fee prescribed for the purposes of the Act in respect of a person or a class of persons. (2) A designated person may allow the payment by instalment of a fee prescribed for the purposes of the Act. (a) the Minister; or (b) the Mining Registrar; or (c) the Director of Mines. 87—Ministerial notices in connection with certain prescribed fees (1) The Minister may, by notice in the Gazette, declare that an area of the State is an exploration regulation fee zone for the purposes of a prescribed fee payable in connection with an exploration licence. (2) The Minister must specify in a notice under subregulation (1) whether an area declared in the notice to be an exploration regulation fee zone is a zone 1 exploration regulation fee zone, a zone 2 exploration regulation fee zone or a zone 3 exploration regulation fee zone. (3) A notice under subregulation (1) may declare more than 1 area of the State to be an exploration regulation fee zone. (4) The Minister may, in connection with an application for approval under section 56R of the Act to make a change to which Part 8B Division 7 of the Act applies, determine by notice in the Gazette that a change of a kind specified in the notice is of a specified level (beginning with level 1) for the purposes of a prescribed fee payable in relation to that specified level of change. (5) A level of change determined by the Minister under subregulation (4) may vary in its application according to the matter to which it is expressed to apply. (6) The Minister must, in connection with prescribed fees payable on the submission of— (a) a draft of objectives and criteria submitted to the Director under section 73G of the Act; or (b) a revised program submitted to the Minister under Part 10A of the Act, publish a notice in the Gazette setting out— (c) a series of tiers (beginning with tier 1) that apply for the purposes of classifying such drafts or programs; and (d) criteria to be used in determining the tier to which particular drafts or programs belong. (7) A draft of objectives and criteria or a revised program is of a tier specified in a notice under subregulation (6) for the purposes of a prescribed fee if it is classified as such by the notice. (8) A notice made under this regulation may be varied or revoked by the Minister by subsequent notice in the Gazette. 88—Service of documents (1) A notice or document required or authorised by or under the Act to be given to or served on a person (other than a designated person or a person who holds or may hold native title in land) may— (a) be served on the person personally; or (b) be posted by registered post in an envelope addressed to the person— (i) at the person's last known address; or (ii) if the person has an address for correspondence or service—at that address; or (c) be served by email sent to an email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of sending). Note— Part 5 of the Native Title (South Australia) Act 1994 sets out the method of service on all who hold or may hold native title in land. (2) A notice or document required or authorised by or under the Act or these regulations to be provided or given to or served on a designated person must be provided, given or served in the manner specified by the relevant designated person by notice in the Gazette. (3) If a notice or document is given or served under subregulation (2)— (a) by email—the notice or document will be taken to have been given or served at the time of sending the email; or (b) by other electronic means—the notice or document will be taken to have been provided, given or served when the person providing, giving or serving the notice or document receives confirmation by those electronic means that the notice or document has been received by the designated person. (4) Subregulation (2) operates subject to any other provision made by these regulations. (5) In this regulation— (a) the Minister; or (b) the Mining Registrar; or (c) the Director of Mines. 89—Administrative penalties (1) The amount of an administrative penalty fixed by Schedule 3 applies in relation to an alleged contravention of a provision of the Act specified in that Schedule. (2) The amount of an administrative penalty that is to apply in relation to an alleged contravention of a provision of these regulations is $2 500. 90—Expiation of offences For the purposes of section 92(1)(r) of the Act— (a) an offence under a section of the Act specified in Schedule 4 is an offence in respect of which an expiation notice may be issued; and (b) the amount specified in Schedule 4 in relation to an offence under the relevant section of the Act specified in the Schedule is prescribed as the expiation fee for that offence.