South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Budget Measures)
Bill 2019
A BILL FOR
An Act to amend the
Mining
Act 1971
and the
Road
Traffic Act 1961
.
Contents
Part 2—Amendment
of Mining Act 1971
4Amendment of section
6—Interpretation
5Amendment of section
40—Rental
6Amendment of section
41E—Rental
7Amendment of section 52—Grant of
miscellaneous purposes licence
8Amendment of section 70B—Preparation or
application of program under this Part
9Amendment of section 70C—Review of
programs
70DADevelopment
programs to be taken to be approved programs
11Amendment of section 73G—Mine operations
plans
Part 3—Amendment of Road Traffic
Act 1961
13Amendment of section 45A—Excessive
speed
15Amendment of section 176—Regulations and
rules
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Budget Measures)
Act 2019.
(1) Subject to
subsection (2)
, this Act will come into operation on the day on which it is assented to
by the Governor.
(2)
Part 2
will come into operation on 1 January 2020.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Mining Act 1971
4—Amendment
of section 6—Interpretation
Section 6(1)—after the definition of registered
representative insert:
related body corporate, in relation to a particular entity
(being a body corporate), is a body corporate that is related to the entity
under section 50 of the Corporations Act 2001 of the
Commonwealth;
5—Amendment
of section 40—Rental
(1) Section 40(2)—delete "(ie an estate of fee simple or native
title conferring a right to exclusive possession of the land)"
(2) Section 40—after subsection (4) insert:
(5) In this section—
relevant interest in land over which a mining lease has been
granted means an estate of fee simple or native title conferring a right to
exclusive possession of the land but does not include an estate of fee simple of
which a holder of the lease or a related body corporate is a registered
proprietor.
6—Amendment
of section 41E—Rental
(1) Section 41E(2)—delete "(ie an estate of fee simple or native
title conferring a right to exclusive possession of the land)"
(2) Section 41E—after subsection (4) insert:
(5) In this section—
relevant interest in land over which a retention lease has
been granted means an estate of fee simple or native title conferring a right to
exclusive possession of the land but does not include an estate of fee simple of
which a holder of the lease or a related body corporate is a registered
proprietor.
7—Amendment
of section 52—Grant of miscellaneous purposes licence
(1) Section 52(7)—delete "(ie an estate of fee simple or native
title conferring a right to exclusive possession of the land)"
(2) Section 52—after subsection (9) insert:
(10) In this section—
relevant interest in land over which a miscellaneous purposes
licence has been granted means an estate of fee simple or native title
conferring a right to exclusive possession of the land but does not include an
estate of fee simple of which a holder of the licence or a related body
corporate is a registered proprietor.
8—Amendment
of section 70B—Preparation or application of program under this
Part
Section 70B—after subsection (4) insert:
(4a) The submission of a program to the Minister for the purposes of this
section must be accompanied by the prescribed fee.
9—Amendment
of section 70C—Review of programs
(1) Section 70C—after subsection (4) insert:
(4a) The submission of a revised program to the Minister for the purposes
of this section must be accompanied by the prescribed fee.
(2) Section 70C—after subsection (7) insert:
(8) If a program is reviewed at the direction of, and submitted to, the
Minister but the fee prescribed under subsection (4a) is not paid, the fee
is recoverable from the holder of the mining tenement as a debt due to the
Crown.
After section 70D insert:
70DA—Development programs to be taken to be
approved programs
A development program approved under regulation 9 of the
Mines
and Works Inspection Regulations 2013
and in force immediately before the commencement of this section will be
taken to be an approved program under, and to be subject to the operation and
requirements of, this Part.
11—Amendment
of section 73G—Mine operations plans
Section 73G—after subsection (4) insert:
(4a) A submission to the Director under subsection (4) must be accompanied
by the prescribed fee.
The amendments made to sections 40, 41E and 52 of the
Mining
Act 1971
by this Part apply in relation to rent paid under those sections following
the commencement of this Part.
Part 3—Amendment
of Road Traffic
Act 1961
13—Amendment
of section 45A—Excessive speed
Section 45A(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a first offence—a fine of not less than $2 400 and not
more than $2 800;
(b) for a subsequent offence—a fine of not less than $2 500 and
not more than $3 000.
14—Amendment
of section 79B—Provisions applying where certain offences are detected by
photographic detection devices
(1) Section 79B(2), penalty provision, (a), (b)—delete paragraphs
(a) and (b) of the penalty provision and substitute:
(a) in any other case—
(i) where the owner is a body corporate—$10 000;
(ii) where the owner is a natural person—$5 000.
(2) Section 79B(2a)(aa)—delete "for an alleged offence against
section 45C(1) and $25 000" and substitute:
fixed by the regulations for an alleged offence against section 45C(1)
where the owner is a natural person and a body corporate additional fee of
$25 000
(3) Section 79B(2a)(a)(i)—delete "$600" and substitute:
a body corporate additional fee prescribed by regulation
(4) Section 79B(2a)(b)(i)—delete "$300" and substitute:
a body corporate additional fee prescribed by regulation
(5) Section 79B—after subsection (2a) insert:
(2ab) A body corporate additional fee prescribed by regulation for the
purposes of subsection (2a) must not exceed $5 000, but may be
prescribed even if the addition of the fee results in an expiation fee for an
alleged offence against this section of an amount exceeding the maximum
expiation fee that would otherwise be permitted to be prescribed by regulation
under this Act.
15—Amendment
of section 176—Regulations and rules
Section 176(1a)(j)—delete paragraph (j) and substitute:
(j) fix expiation fees, not exceeding $2 500, for alleged offences
against this Act.