South Australian Current Acts South Australian Current Acts (1) The Minister may,
by notice in writing served on an applicant for, or the holder of, a
mineral tenement, require them to enter into a bond in such sum and subject to
such terms and conditions as ensure, in the opinion of the Minister,
that—
(a) any
civil or statutory liability likely to be incurred by that person in the
course of carrying out authorised operations; and
(b) the
present and future obligations of that person in relation to the
rehabilitation of land disturbed by authorised operations,
will be satisfied.
(2) The Minister may
require such security for the satisfaction of the bond as the Minister thinks
fit.
(2a) If an applicant
for a mineral tenement fails to comply with a requirement under this section,
the Minister may refuse the application.
(3) If the holder of a
mineral tenement fails to comply with a requirement under this section—
(a) the
Minister may, if the requirement has not been complied with at the expiration
of one month from the end of the time allowed for compliance, prohibit
authorised operations in the area of the tenement; and
(b) the
Minister may, if the requirement has not been complied with at the expiration
of three months from the end of the time allowed for compliance, cancel the
tenement.
(4) The liability to
pay an amount under this section is a debt due to the Crown.
(5) A person must not
contravene a prohibition under subsection (3).
Maximum penalty: $150 000.
(6) If the Minister
holds, or is entitled to hold, any money under a bond entered into by a
tenement holder, the Minister may, in the Minister's discretion, expend any
portion of that money—
(a) to
compensate any person who has suffered, or is likely to suffer, financial loss
as a result of authorised operations carried out by that tenement holder or in
rehabilitating any land disturbed by any such authorised operations; or
(b) to
satisfy any liability to pay an amount that is due to the Crown under this
Act.
(7) The Minister may,
on application under this subsection, (in the Minister's absolute discretion)
agree to the assignment of a liability or obligation under this section to a
third party on terms or conditions determined by the Minister.
(8) No action lies
against the Minister in respect of the expenditure of money under this
section.