Sch 1Transitional provisions

Schedule 1—Transitional provisions 1—Precious stones fields; reserved land (1) A precious stones field under the Mining Act immediately before the commencement of this clause will be taken to have been declared as a precious stones field under this Act. (2) Land reserved from the operation of the Mining Act immediately before the commencement of this clause will be taken to have been reserved from the operation of this Act. 2—Existing permits, tenements etc—Precious stones (1) A precious stones prospecting permit in force under the Mining Act immediately before the commencement of this clause will be taken to be a precious stones prospecting permit issued under this Act (and, subject to this Act, will continue in force for the balance of its term). (2) A precious stones claim registered under the Mining Act immediately before the commencement of this clause will be taken to be a precious stones claim registered under this Act (and, subject to this Act, the registration will continue for the balance of the term of the claim). (3) A valid pegging for precious stones under the Mining Act in existence immediately before the commencement of this clause will continue to have effect under this Act. (4) An application made under the Mining Act that had not been determined before the commencement of this clause may, if so determined by the Mining Registrar, be dealt with under this Act. 3—Exploration licences (1) An exploration licence in force under the Mining Act immediately before the commencement of this clause will not be taken to include an authority to carry out exploratory operations for precious stones. (2) However, the Minister may, on the application of the holder of an exploration licence made after the commencement of this clause and subject to the Mining Act (as amended by this Act), if the Minister in his or her absolute discretion thinks fit, vary the terms of an exploration licence to authorise exploratory operations for precious stones under the licence. 4—Appointments A mining registrar holding office immediately before the commencement of this clause will be taken to have been appointed to that office by the Minister under section 13 of the Mining Act (as amended by this Act), and will continue to hold that office until the appointment is revoked by the Minister. Legislative history Notes • This version is comprised of the following: Schedules • 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 this Act (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 www.legislation.sa.gov.au. Legislation amended by principal Act The Opal Mining Act 1995 amended the following: Mining Act 1971 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Opal Mining Act 1995 14.12.1995 21.4.1997 (Gazette 3.4.1997 p1386) Statutes Amendment (Native Title) Act 1998 2.4.1998 Pt 4 (ss 12 & 13)—21.5.1998 (Gazette 21.5.1998 p2199) Statutes Amendment (Mining Administration) Act 1999 25.2.1999 Pt 3 (s 10)—1.4.1999 (Gazette 25.3.1999 p1462) Statutes Amendment (Extension of Native Title Sunset Clauses) Act 2000 8.6.2000 Pt 3 (s 4)—8.6.2000 Statutes Amendment (Courts and Judicial Administration) Act 2001 6.12.2001 Pt 10 (ss 23—25)—3.2.2002 (Gazette 24.1.2002 p346) Mining (Miscellaneous) Amendment Act 2003 Pt 3 (s 19)—12.6.2003 (Gazette 12.6.2003 p2497) River Murray Act 2003 31.7.2003 Sch (cl 16)—24.11.2003 (Gazette 20.11.2003 p4203) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 57 (ss 177—181)—4.9.2006 (Gazette 17.8.2006 p2831) Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Act 2009 10.12.2009 Sch 1 (cll 1—3 & 14)—1.7.2012 (Gazette 28.6.2012 p2923) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 103 (s 250)—1.2.2010 (Gazette 28.1.2010 p320) Statutes Amendment (Directors' Liability) Act 2011 22.9.2011 Pt 13 (s 15)—1.1.2012 (Gazette 15.12.2011 p4988) Statutes Amendment (Courts Efficiency Reforms) Act 2012 22.11.2012 Pt 10 (ss 31 & 32)—1.7.2013 (Gazette 16.5.2013 p1541) Statutes Amendment (Mineral Resources) Act 2019 24.10.2019 Pt 4 (ss 137 to 190) & Sch 1 (cll 17 to 21)—1.1.2021 (Gazette 19.11.2020 p5079) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) appropriate court amended by 69/2001 s 23 3.2.2002 Chief Inspector deleted by 29/2019 s 137(1) council substituted by 29/2019 s 137(2) director inserted by 29/2019 s 137(3) Mining Register a mining registrar the Mining Registrar Mintabie Township Lease Agreement and Mintabie township lease area inserted by 29/2019 s 137(4) opal mining register opal mining registrar Opal Mining Registrar River Murray Protection Area inserted by 35/2003 Sch cl 16(a) 24.11.2003 s 5 s 5(3a) inserted by 35/2003 Sch cl 16(b) 24.11.2003 s 6 s 6(1) amended by 29/2019 s 138(1), (2) s 6(9) amended by 29/2019 s 138(3) Pt 2 s 7 s 7(2) amended by 29/2019 s 139(1) (b) deleted by 29/2019 s 139(2) s 7(4) amended by 29/2019 s 139(3) s 8 s 8(4) amended by 29/2019 s 140 s 9 s 9(3) amended by 29/2019 s 141(1) (c) deleted by 29/2019 s 141(2) s 9(4) amended by 29/2019 s 141(3) s 10 s 10(6) inserted by 29/2019 s 142 s 10A inserted by 83/2009 Sch 1 cl 1 s 10A(1) amended by 29/2019 s 143(1) s 10A(4) amended by 29/2019 s 143(2), (3) s 10A(5) substituted by 29/2019 s 143(4) s 10A(6) amended by 29/2019 s 143(5) s 10A(9) amended by 29/2019 s 143(6) s 10A(10) amended by 29/2019 s 143(7) s 10A(13) amended by 29/2019 s 143(8)—(10) s 10A(15) amended by 29/2019 s 143(11)—(14) s 10A(16) amended by 29/2019 s 143(15) s 10A(17) deleted by 29/2019 s 143(16) s 11 s 11(6a) inserted by 29/2019 s 144(1) s 11(8) amended by 29/2019 s 144(2) s 11(9) amended by 29/2019 s 144(3) s 15 s 15(2) amended by 29/2019 s 145 s 16 s 16(5) amended by 29/2019 s 146(1) s 16(6) amended by 29/2019 s 146(2) s 16(9) substituted by 29/2019 s 146(3) s 16(9a) and (9b) inserted by 29/2019 s 146(3) s 16(13) amended by 29/2019 s 146(4) s 18 substituted by 29/2019 s 147 Pt 3 s 18A inserted by 83/2009 Sch 1 cl 2 s 18A(1) substituted by 29/2019 s 148(1) s 18A(2) amended by 29/2019 s 148(2) s 18A(7) amended by 29/2019 s 148(3) s 18A(11) deleted by 29/2019 s 148(4) s 18B inserted by 83/2009 Sch 1 cl 2 s 19 s 19(2) amended by 29/2019 s 149(1) (b) deleted by 29/2019 s 149(1) s 19(3) deleted by 29/2019 s 149(2) s 19(4) amended by 29/2019 s 149(3) s 19A inserted by 83/2009 Sch 1 cl 3 s 19A(2) amended by 29/2019 s 150(1) s 19A(3) amended by 29/2019 s 150(2) s 19A(4) amended by 29/2019 s 150(3) s 19A(5) amended by 29/2019 s 150(4) s 19A(7) amended by 29/2019 s 150(5) s 20 s 20(1) amended by 29/2019 s 151(1), (2) s 20(2) amended by 29/2019 s 151(3) s 20(3) amended by 29/2019 s 151(4) s 20(4) amended by 29/2019 s 151(5) s 20(5) amended by 29/2019 s 151(6) s 20(6) amended by 29/2019 s 151(7) s 20(7) amended by 29/2019 s 151(8) s 20(8) amended by 29/2019 s 151(9), (10) s 22 s 22(3) amended by 29/2019 s 152(1) (c) deleted by 29/2019 s 152(1) s 22(4) amended by 29/2019 s 152(2) s 22(8) amended by 29/2019 s 152(3) s 23 s 23(3) inserted by 29/2019 s 153 s 25 s 25(1) amended by 29/2019 s 154 s 26 before substitution by 29/2019 s 26(5) amended by 17/2006 s 177 s 26 substituted by 29/2019 s 155 s 26A inserted by 29/2019 s 155 s 27 s 27(1) amended by 29/2019 s 156(1) s 27(2) amended by 29/2019 s 156(2) s 27(4) amended by 29/2019 s 156(3) s 27(5) amended by 29/2019 s 156(4) s 27(6) amended by 29/2019 s 156(5) s 27A inserted by 29/2019 s 157 s 28 s 28(1) amended by 29/2019 s 158(1) s 28(2) deleted by 29/2019 s 158(2) s 28(3) amended by 29/2019 s 158(3), (4) s 28(4) amended by 29/2019 s 158(5)—(7) s 28(5) authorised person amended by 29/2019 s 158(8) s 29 substituted by 29/2019 s 159 s 30 amended by 29/2019 s 160 Pt 4 Div 1 s 32 s 32(5) amended by 29/2019 s 161(1) s 32(7) amended by 29/2019 s 161(2) s 33 s 33(1) amended by 29/2019 s 162 Pt 4 Div 2 s 34 s 34(1) amended by 29/2019 s 163(1) s 34(5) amended by 29/2019 s 163(2) s 34(9) amended by 29/2019 s 163(3) s 34(11) amended by 29/2019 s 163(4) Pt 5 s 35 s 35(1) amended by 29/2019 s 164(1) s 35(2) amended by 29/2019 s 164(2) s 35(3) amended by 29/2019 s 164(3) s 35(5) amended by 29/2019 s 164(4) ss 35A and 35B inserted by 29/2019 s 165 s 36 s 36(1) amended by 29/2019 s 166(1) s 36(7) amended by 29/2019 s 166(2) s 36(8) deleted by 29/2019 s 166(3) s 36(9) amended by 29/2019 s 166(4) s 36(10) amended by 29/2019 s 166(5), (6) s 36(12) amended by 29/2019 s 166(7) s 37 s 37(4) amended by 29/2019 s 167 Pt 6 s 43 s 43(1) amended by 29/2019 s 168(1) s 43(3) amended by 29/2019 s 168(2), (3) s 43(4) amended by 29/2019 s 168(4) s 43(5) amended by 29/2019 s 168(5) s 44 s 44(2) amended by 29/2019 s 169(1) s 44(4) amended by 29/2019 s 169(2) s 44(5) amended by 29/2019 s 169(3) s 45 amended by 29/2019 s 170 Pt 7 Div 1 s 49 s 49(1) amended by 29/2019 s 171(1) note 3 inserted by 29/2019 s 171(2) Pt 7 Div 2 s 50 amended by 29/2019 s 172(1) note 2 inserted by 29/2019 s 172(2) s 51 s 51(2) amended by 29/2019 s 173 Pt 7 Div 4 s 53 s 53(2) amended by 23/1998 s 12 21.5.1998 s 56 s 56(1) amended by 17/2006 s 178 s 57 s 57(2) amended by 17/2006 s 179 s 59 s 59(4) amended by 29/2019 s 174(1) s 59(5) amended by 29/2019 s 174(2) s 64 s 64(1) amended by 29/2019 s 175 Pt 7 Div 5 s 70A inserted by 1/1999 s 10 1.4.1999 s 70A(1) substituted by 29/2019 s 176(1) s 70A(2) amended by 29/2019 s 176(2) s 70A(3) substituted by 29/2019 s 176(3) s 70A(4) amended by 29/2019 s 176(4) s 70A(5) amended by 29/2019 s 176(5) s 70A(7) amended by 29/2019 s 176(6) s 71 amended by 23/1998 s 13 21.5.1998 amended by 22/2000 s 4 8.6.2000 deleted by 12/2003 s 19 Pt 8 s 72 s 72(1) amended by 17/2006 s 180 s 72(2a) inserted by 69/2001 s 24 3.2.2002 amended by 43/2012 s 31 1.7.2013 amended by 29/2019 s 177(1) s 72(4) amended by 29/2019 s 177(2), (3) s 75 s 75(6) amended by 17/2006 s 181 Pt 9 s 75A inserted by 29/2019 s 178 s 76 s 76(1) substituted by 29/2019 s 179(1) s 76(2) amended by 29/2019 s 179(2), (3) s 76(3) amended by 29/2019 s 179(4) s 76(4) amended by 29/2019 s 179(5) s 77 s 77(5) amended by 29/2019 s 180(1), (2) s 77(8) amended by 29/2019 s 180(3) s 77(9) amended by 29/2019 s 180(4) s 77(10)—(12) substituted by 29/2019 s 180(5) s 77(13)—(17) inserted by 29/2019 s 180(5) s 79 s 79(1) substituted by 29/2019 s 181(1) s 79(5) amended by 29/2019 s 181(2) s 82 s 82(1) amended by 29/2019 s 182(1) s 82(3) amended by 29/2019 s 182(2) s 82(4) amended by 29/2019 s 182(3) s 82(5) amended by 29/2019 s 182(4) s 82(6) amended by 29/2019 s 182(5), (6) s 82(7) deleted by 36/2011 s 15 1.1.2012 s 84 s 84(5) amended by 29/2019 s 183 s 85 amended by 29/2019 s 184 s 87 s 87(2) amended by 29/2019 s 185(1), (2) s 89 s 89(2) amended by 29/2019 s 186(1) s 89(5) amended by 29/2019 s 186(2) s 91 deleted by 29/2019 s 187 s 93 s 93(1) amended by 29/2019 s 188(1), (2) s 93(2) amended by 29/2019 s 188(3) s 93(3) amended by 29/2019 s 188(4) s 93(6) amended by 29/2019 s 188(5) s 97 deleted by 84/2009 s 250 1.2.2010 ss 98A and 98B inserted by 29/2019 s 189 s 99 s 99(2) amended by 29/2019 s 190(1) s 99(3) amended by 29/2019 s 190(2) s 99(4)—(7) inserted by 29/2019 s 190(3) Sch 2 omitted under Legislation Revision and Publication Act 2002 Transitional etc provisions associated with Act or amendments Statutes Amendment (Mining Administration) Act 1999 11—Transitional provisions (2) An agreement registered under Part 7 of the Opal Mining Act 1995 before the commencement of this Act will be taken to be an agreement that is to be kept confidential under section 70A of that Act (as enacted by this Act) unless or until all parties to the agreement notify the Mining Registrar otherwise. Statutes Amendment (Courts and Judicial Administration) Act 2001 25—Transitional provisions (1) The amendments made to the principal Act by section 23— (a) do not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and (b) apply in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section). (2) The amendments made to the principal Act by section 24 apply in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section). Anangu Pitjantjatjara Yankunytjatjara Land Rights (Mintabie) Amendment Act 2009, Sch 1 14—Transitional provision—Opal Mining Act 1995 A precious stones prospecting permit in force immediately before the commencement of clause 1 of this Schedule will be taken to be endorsed by a mining registrar as authorising a person to prospect for precious stones on the Mintabie precious stones field. Statutes Amendment (Courts Efficiency Reforms) Act 2012 32—Transitional provision The amendment made to the Opal Mining Act 1995 by this Part— (a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and (b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part). Statutes Amendment (Mineral Resources) Act 2019, Sch 1 Pt 2—Transitional provisions 17—Interpretation In this Part— principal Act means the Opal Mining Act 1995. 18—Opal mining register The distinct part of the Mining Register kept under section 76 of the principal Act by the Mining Registrar under the Mining Act, will on the commencement of this Act, be taken to form part of the opal mining register under section 76 as amended by this Act. 19—Caveats If a caveat lodged under section 26 of the principal Act is in force immediately before the repeal of that section by this Act— (a) the provisions of that section will continue to apply in relation to the caveat as if the repeal had not been effected; and (b) section 26 of the principal Act, as enacted by this Act, will not apply in relation to the caveat. 20—Safety net The repeal of section 91 of the principal Act does not affect the operation or validity of any agreement in force under that section immediately before the repeal. 21—Jurisdiction relating to tenements and monetary claims The amendment of section 72(2a) by section 177— (a) does not apply in respect of proceedings commenced before the commencement of that section (and those proceedings may continue as if this Act had not been enacted); and (b) applies in respect of proceedings commenced after the commencement of that section (including proceedings in respect of a claim arising before the commencement of that section). Historical versions Reprint No 1—21.5.1998 Reprint No 2—1.4.1999 Reprint No 3—8.6.2000 Reprint No 4—3.2.2002 Reprint No 5—12.6.2003 Reprint No 6—24.11.2003 1.2.2010 1.1.2012 1.7.2013