Sch 5Transitional provisions

Schedule 5—Transitional provisions 1—Interpretation In this Schedule— Amendment Act means the Statutes Amendment (Mineral Resources) Act 2019; commencement day means the day on which these regulations commence; revoked regulations means the Mining Regulations 2011. 2—Exempt land The amendments made to section 9 of the Act by the Amendment Act do not apply in relation to an application for a mineral tenement made before the commencement day (and those sections will continue to apply in relation to the application as if the amendments made to those sections had not been enacted). 3—Subsequent exploration licences An application for a subsequent exploration licence under section 30AB of the Act made before the commencement day that has not been determined before the commencement day will continue to be considered and determined under that section as if that section had not been repealed by the Amendment Act (and the Minister may grant a subsequent exploration licence as a result of the application for a period of up to 5 years). 4—Inconsistent term or condition of exploration licence void On or after the commencement day, a term or condition of an exploration licence that is inconsistent with the provision of the Act or these regulations will be void to the extent of the inconsistency. 5—Minister may grant retention lease If, before the commencement day, an application for a mining lease under Part 6 of the Act has been made but not finally determined, the Minister may, instead of granting the application, with the concurrence of the applicant for the mining lease (and on the basis of that application or such further application by the applicant as the Minister thinks fit), grant a retention lease under Part 7 of the Act. 6—Collection of information and reports To the extent that these regulations impose additional requirements when compared to the requirements under the revoked regulations— (a) in relation to the creation, collection, keeping or compilation of information or materials; or (b) in relation to the provision or production of— (i) information or materials; or (ii) any reports, the additional requirements under these regulations— (c) will only relate to the creation, collection, keeping or compilation of information or materials on a prospective basis; and (d) will only require— (i) information and material to be provided or produced in accordance with those requirements to the extent that they relate to matters arising on or after the commencement day; and (ii) reports to comply with these regulations to the extent to which they apply to a period commencing on the commencement day. 7—Mineral tenements not subject to a program for environment protection and rehabilitation (1) This clause applies to a mineral tenement in force immediately before the day on which the revoked regulations commenced that has not become subject to a program under Part 10A of the Act either by virtue of the operation of regulation 114(2) of the revoked regulations or for any other reason. (2) The holder of a mineral tenement to which this clause applies must, within 12 months after the commencement of these regulations, notify the Minister in a manner and form determined by the Minister either— (a) that the tenement holder intends to provide a program to the Minister in accordance with subclause (3); or (b) that the tenement holder intends to surrender the tenement or allow the tenement to expire. (3) The holder of a mineral tenement to which this clause applies who has provided a notice to the Minister under subclause (2)(a) must provide a program that complies with the requirements of subclause (4) to the Minister— (a) within 24 months after the commencement of these regulations; or (b) if the Minister so determines—such period, being less than or more than 24 months, as the Minister may specify in a particular case. (4) A program required to be provided to the Minister under this clause must— (a) comply with the requirements set out in section 70B(2) of the Act (and the relevant requirements under these regulations); and (b) be accompanied by a declaration, signed by the holder of the tenement in respect of which the program is to apply, to the effect that the tenement holder has taken reasonable steps to review the information and to ensure its accuracy; and (c) be accompanied by the prescribed fee. 8—Rules of Warden's Court Rules made by the Governor under section 66 of the Act before the commencement day continue as if they had been made by the senior warden under that section as in force after the commencement day. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Legislation revoked by principal regulations The Mining Regulations 2020 revoked the following: Mining Regulations 2011 Principal regulations and variations New entries appear in bold. Year No Reference Commencement Gazette 19.11.2020 p5143 1.1.2021: r 2 Gazette 3.6.2021 p1824 1.7.2021: r 2 Gazette 15.7.2021 p2825 1.1.2021: r 2 Gazette 10.6.2022 p1468 1.7.2022: r 2 Gazette 18.5.2023 p1047 1.7.2023: r 2 Gazette 15.6.2023 p1776 1.7.2023: r 2 Gazette 16.5.2024 p855 1.7.2024: r 2 Gazette 23.5.2024 p1234 1.7.2024 immediately after 26/2024: r 2 Gazette 11.7.2024 p2155 11.7.2024: r 2 (4) Statutes Amendment (Budget Measures) Act 2025 Pt 7 (s 12)—1.7.2024: s 2(3) Gazette 15.5.2025 p1177 1.7.2025: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1