Div 6Miscellaneous provisions relating to reserves

Division 6—Miscellaneous provisions relating to reserves 41—Approval of proposal for constitution of reserve (1) The Minister must— (a) submit any proposal to constitute, or alter the boundaries of, a reserve to the Minister administering the Crown Lands Act 1929 for approval; (b) submit any such proposal to each Minister administering a mining Act and consider the views of that Minister in relation to the proposal; (c) submit any such proposal in respect of a reserve that includes or is to include land within the Murray‑Darling Basin to the Minister to whom the administration of the River Murray Act 2003 is committed and consider the views of that Minister in relation to the proposal. (2) A proposal to constitute, or alter the boundaries of, a reserve that includes or is to include land that is vested in or is under the care, control and management of the Minister administering the Harbors and Navigation Act 1993 must be submitted to, and approved by, that Minister. (3) A proclamation for the purpose of constituting, or altering the boundaries of, a reserve must not be made without the approval or approvals required by this section. 41A—Alteration of boundaries of reserves (1) The Governor may, by proclamation made on the recommendation of the Minister, alter the boundaries of a reserve for the purpose of making, or allowing for the making of, minor alterations or additions to a public road that intersects, or is adjacent to, the reserve. (2) At least two months before making a recommendation to the Governor, the Minister must give public notice— (a) stating the place or places at which a plan showing the proposed alterations is available for inspection; and (b) inviting interested persons to make written submissions to the Minister in relation to the proposal. (3) The Minister must give consideration to any submissions made in response to an advertisement under subsection (2). (4) The Minister must not make a recommendation if the Minister is satisfied that the proposed alteration would— (a) significantly prejudice the fulfilment of the management objectives contained in section 37 as they relate to that reserve; or (b) be contrary to the plan of management prepared in accordance with section 38 in relation to that reserve. (5) No parliamentary resolution is required in relation to a proclamation under this section. (6) The Minister must, as soon as practicable after a proclamation has been made under subsection (1), cause a copy of the proclamation to be laid before each House of Parliament. 42—Prohibited areas (1) Where the Minister is satisfied that it is expedient for the purpose of protecting human life or conserving native plants or animals the Minister may, by notice published in the Gazette, declare any portion of the reserve to be a prohibited area. (1a) Except in an emergency, the Minister may only make a declaration under subsection (1) in relation to a co‑managed park— (a) if there is a co‑management board for the park—with the agreement of the board; or (b) in any other case—after consultation with the co‑management advisory committee for the park. (2) Any notice published under subsection (1) must state the grounds upon which the declaration is made. (3) A person must not be within a prohibited area unless authorised to enter the area by a permit issued by the Minister under this section. (4) The Minister may, on appropriate terms and conditions, issue to any person a permit to be within a prohibited area. (5) The Minister may, at the request of the co‑management board for a co‑managed park, exempt members of the relevant Aboriginal group from the restriction applying to a prohibited area within the co‑managed park under this section. 43—Rights of prospecting and mining (1) Subject to subsection (2), rights of entry, prospecting, exploration, or mining cannot be acquired or exercised pursuant to a mining Act in respect of land constituting a reserve. (1a) Subsection (1) does not apply to a regional reserve. (2) The Governor may, by proclamation, declare that subject to any conditions specified in the proclamation rights of entry, prospecting, exploration, or mining may be acquired and exercised in respect of land constituting a reserve or portion of a reserve, to which subsection (1) applies. (2a) A person must not contravene or fail to comply with a condition of a proclamation under this section. Maximum penalty: $10 000 or imprisonment for 2 years, or both. (3) A proclamation under subsection (2) has effect in accordance with its terms. (4) The Governor may, by proclamation, vary or revoke a proclamation under subsection (2). (5) A proclamation under this section in respect of land constituting a national park, a conservation park or the Para Wirra Recreation Park (except a proclamation revoking a previous proclamation) must not be made unless— (a) the proclamation is made for the purpose of continuing rights of entry, prospecting, exploration or mining vested in any person immediately before the commencement of this Act in respect of that land; or (b) the proclamation is made simultaneously with the proclamation constituting that land a national park or a conservation park; or (c) the proclamation is made in pursuance of a resolution passed by both Houses of Parliament. (6) Notice of a motion for a resolution under subsection (5)(c) must be given at least 14 sitting days before the resolution is passed. (7) A proclamation must not be made under this section in relation to a co‑managed park constituted of Aboriginal‑owned land except with the agreement of the registered proprietor of the land. 43A—Prospecting and mining in regional reserves (1) The relevant mining Minister must not grant an application for a mining tenement in relation to a regional reserve without first submitting the application to the Minister administering this Act. (2) In the case of an application for a mining production tenement in relation to a regional reserve, the relevant mining Minister must not grant the application without the approval of the Minister administering this Act. (3) In the case of an application for any other kind of mining tenement in relation to a regional reserve the relevant mining Minister must not grant the application without considering the views of the Minister administering this Act. (4) If the Minister administering this Act refuses to give the approval required by subsection (2) the relevant mining Minister may refer the matter to the Governor and may, with the Governor's approval, grant the application. (5) The holder of a precious stones prospecting permit under the Opal Mining Act 1995 cannot peg out an area for a precious stones tenement on a regional reserve without the approval of the Minister administering this Act, or if the Minister refuses to give approval, without the approval of the Governor. (6) Subsection (2) does not apply to a petroleum production licence that the Minister administering the Cooper Basin (Ratification) Act 1975 is authorised to grant by section 9 of that Act. (7) A reference in this section to the relevant mining Minister in relation to the granting of a mining tenement is, if the mining Act under which the tenement is granted provides for it to be granted by any authority other than the relevant mining Minister, a reference to that authority. 43AB—Power to prohibit prospecting and mining in the Innamincka Regional Reserve (1) The Governor may, by proclamation, create a zone within the Innamincka Regional Reserve. (2) Rights of entry, prospecting, exploration or mining cannot be acquired or exercised pursuant to a mining Act in respect of land within a zone created under this section. (3) If or when a proclamation is made under subsection (1), the Governor cannot, by subsequent proclamation, expand the area within the zone, or create a second or subsequent zone. (4) However, the Governor may, by subsequent proclamation— (a) vary a proclamation made under subsection (1) to reduce the area of a zone; or (b) revoke a proclamation made under subsection (1). (5) A proclamation must not be made under subsection (4) except in pursuance of a resolution of both Houses of Parliament. (6) Notice of a motion for a resolution under subsection (5) must be given at least 14 sitting days before the motion is passed. 43AC—Ikara-Flinders Ranges National Park (1) The acquisition or exercise of relevant mining rights, or purported acquisition or exercise of such rights, in respect of the land constituting the Ikara‑Flinders Ranges National Park before the relevant day are declared, for the purposes of this Act and for the purposes of any other dealings with or in relation to those rights (including, for example, the imposition of a bond under the Mining Act 1971), to have been validly acquired or exercised and any such rights in existence immediately before the relevant day (including a right of renewal of relevant mining rights) may, despite section 43, continue to be exercised in respect of the prescribed land on and after that day. (2) Despite section 43, rights of entry, prospecting, exploration or mining may, with the approval of the Minister and the Mining Minister, be acquired pursuant to the Mining Act 1971 in respect of the prescribed land (including, for example, by the renewal of relevant mining rights) and may be exercised in respect of that land. (3) A person in whom rights are vested under the Mining Act 1971 in respect of the prescribed land must not carry out work in the exercise of those rights that has not previously been authorised unless the Minister and the Mining Minister have approved that work, and such an approval may be subject to such conditions as the Ministers may agree. (4) If the Minister and the Mining Minister cannot agree as to whether to give an approval under subsection (2) or (3), or impose conditions under subsection (3), the Governor may, with the advice and consent of the Executive Council, give an approval or impose conditions in writing under the relevant subsection. (5) Nothing in this section authorises or otherwise permits the acquisition or exercise of rights of entry, prospecting, exploration or mining in the Ikara-Flinders Ranges National Park after the commencement of this section other than those rights referred to in subsections (1) and (2). Mining Minister means the Minister responsible for the administration of the Mining Act 1971; prescribed land means the land that is, at the relevant day, subject to relevant mining rights; relevant day means the day of commencement of this section; relevant mining rights means the rights of entry, prospecting, exploration or mining provided for in Mining Lease 3413 and Mining Lease 3414 under the Mining Act 1971 and any mining tenement granted in connection with those leases. 43B—Entry onto reserves for purpose of investigation and survey (1) The Minister administering a mining Act or a person authorised by that Minister may enter onto any reserve for the purpose of a geological, geophysical or geochemical investigation or survey without the approval of the Minister administering this Act if the investigation or survey will not result in disturbance of the land. (2) A person who wishes to enter onto a reserve pursuant to subsection (1) must, before doing so, consult the Minister administering this Act. (3) This section does not apply to a zone created within the Innamincka Regional Reserve under section 43AB. 43C—Entrance fees etc for reserves (1) Fees for entrance to reserves, fees for camping in reserves, fees for an activity authorised by a permit or permission granted under the regulations and fees for the use of facilities and services provided in reserves may be fixed by the relevant authority with the approval of the Minister. (2) Where a fee fixed under subsection (1) is payable, or has been paid, the relevant authority may, if he or she thinks fit, waive or refund the whole or part of the fee. (a) in relation to a co‑managed park for which there is a co‑management board—the co‑management board for the park; or (b) in any other case—the Director.