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).
(6) In this
section—
"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.