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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-04-03 Daily Xml
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MINING (EXPLORATION AUTHORITIES) AMENDMENT BILL

Introduction and First Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Manufacturing, Innovation and Trade, Minister for Mineral Resources and Energy, Minister for Small Business) (15:48): Obtained leave and introduced a bill for an act to amend the Mining Act 1971. Read a first time.

Standing Orders Suspension

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Manufacturing, Innovation and Trade, Minister for Mineral Resources and Energy, Minister for Small Business) (15:48): I move:

That standing orders be so far suspended as to enable the bill to pass through its remaining stages without delay.

The ACTING SPEAKER (Hon. M.J. Wright): We need to count the house, as we need an absolute majority, so we will ring the bells.

An absolute majority of the whole number of members being present:

Motion carried.

Second Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Manufacturing, Innovation and Trade, Minister for Mineral Resources and Energy, Minister for Small Business) (15:50): I move:

That this bill be now read a second time.

In doing so, given the way that this bill has worked, I am going to read part of the second reading explanation into Hansard.

Mr Williams: You should read it all.

The Hon. A. KOUTSANTONIS: Probably. The Mining (Miscellaneous) Amendment Act 2010, which came into operation on 1 July 2011, made various amendments to the Mining Act 1971. Amendments included the removal of the concept of a miner’s right from the act. Section 20 of the Act was thus amended to establish a general right to prospect over mineral land in this state. A consequential amendment to remove a reference to a miner’s rights from the definition of exploration authority in section 6(1) of the Act was also made.

Under section 63F of the Mining Act 1971 an exploration authority does not confer a right to carry out mining operations that would affect native title rights and interests other than where they are properly authorised in accordance with that section. This ensures that the grant of these exploration authorities comply with the provisions of the Native Title Act 1993, which is of course a piece of commonwealth legislation.

The Native Title Actrequires that any legislative changes conferring a right to mine that affect native title must comply with the processes set out by the commonwealth act.

The amendments to section 20 purported to create a general right to mine which was not restricted by section 63F and may have included a right to undertake activities which could have affected native title rights. This would not have complied with the requirements of the Native Title Act 1993.

Accordingly, the amendment to the definition of exploration authority by the bill makes it clear that an exploration authority includes a right to prospect for minerals under section 20 of the Act. This will redress the unintended consequence of the amendments made by the 2010 act to section 20 thus ensuring that section 63F of the act applies. I seek leave to insert the remaining two paragraphs into Hansard without reading it?

The ACTING SPEAKER (Hon. M.J. Wright): Is that seconded? It is.

Mr Williams: No, it's not.

The ACTING SPEAKER (Hon. M.J. Wright): What do you mean 'No, it's not'?

The Hon. A. KOUTSANTONIS: If you sit down, I will finish reading it. This is a very bad precedence you are setting.

Mr Williams: No, it's not.

The Hon. A. KOUTSANTONIS: It is. The bill will be taken to have come into operation on 1 July 2011, which was the date on which the 2010 amendments came into operation to take account of rights to prospect that have come into existence from that date.

This will ensure that activities that relied on section 20 and had no affect on native title rights and interests can be regarded as having been authorised under the act from the time of the 2010 amendments.

An audit has been made of all current mineral claims that may have been pegged from the date of the 2010 amendments to assess whether the pegging of any of these claims relied upon the operation of section 20. I am informed that there are none. I commend the bill to members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause provides that the Act will be taken to have come into operation on 1 July 2011.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Mining Act 1971

4—Amendment of section 6—Interpretation

This clause amends section 6 by inserting a new paragraph into the definition of exploration authority to ensure that the definition includes a right to prospect for minerals under section 20.

Mr WILLIAMS (MacKillop—Deputy Leader of the Opposition) (15:54): Notwithstanding the minister's protestations, the minister approached me last week and informed me that a technical matter had been raised by the Crown Solicitor's Office or crown law in the drafting of major amendments that went through for this act some time ago and came into force as of 1 July last year. He informed me that, because of this oversight, there may be created some invalidity to mineral claims.

The minister approached me and asked if the opposition would be prepared to have this bill go through the parliament in a timely fashion to correct this technical anomaly. I put to the minister that I thought it would be fine for the opposition to do that, but I would need a briefing and I would need to take the matter to my party room to get its authority to agree to the proposition put by the minister. That has happened; I had a briefing last week, and I have taken the matter to my party room, which has approved the Liberal Party's support for this matter.

A few moments ago, when the minister sought to have the last part of the second reading inserted into Hansard without reading it, I objected simply because no member of the house has had an opportunity to have an understanding of the minister's second reading. Generally, when we introduce a bill it is standard practice, and the convention of the house, that all the second reading from the minister, or any portion of it, is inserted into Hansard without reading it. In special circumstances, where the government of the day—and this has happened on both sides of the house—wishes to bring something on and take it through all stages, I think it only fair and reasonable that the minister present the second reading orally to the house so that members have a complete understanding of it.

I expect this bill will go through the house in a matter of minutes, and I think it would be not just unprofessional but a stain on the house if we allowed a process where we inserted without reading the reasons the government is proposing this matter to the house and also that the matter be dealt with potentially before members have even had a chance to read the Hansard—because it will not actually appear in the Hansard for some time. The minister claimed that I have set a dangerous precedent; indeed, I think I have confirmed the conventions of the house. When a matter is to go through all stages at one time it has been my understanding of the conventions that the minister would read all the second reading to the house. I simply make that point.

I think I have already indicated that the opposition is supportive of the bill. It is simply a technical bill to overcome a minor anomaly, although, while we might say it is a minor anomaly, it is my understanding that it could have very serious ramifications if we do not pass this bill. Indeed, the matter only confirms what was already the intent of the house when it passed the amendments to the bill last year, principally to remove the notion of having a Miner's Right to explore and peg a claim. There are now other mechanisms in the act, and there is no necessity to have a Miner's Right in South Australia. In doing away with the Miner's Right, we created this small anomaly.

The minister has already said that his advice is that there have been no claims in the meantime that would be impacted. Notwithstanding that, the minister's intent is that the commencement date of the bill will be 1 July 2011, so it will be retrospective. I think it is common practice for the house and for both the major parties at least to be very careful and indeed to really contemplate retrospective legislation on the assurance of the minister that there will be no harm caused by the retrospective nature of this; in fact, it will have no impact whatsoever—

Ms Chapman interjecting:

Mr WILLIAMS: Yes, because there are no claims that have been staked in the meantime that would be impacted by this. As I said, the opposition indicates it is prepared to support this and support its passage through all stages in the house forthwith.

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Manufacturing, Innovation and Trade, Minister for Mineral Resources and Energy, Minister for Small Business) (15:59): Behind the scenes, despite what the public might see, there is generally a high level of bipartisan support for sectors of our community that create substantial wealth for our constituents—mining being one of them. I like to think that the Deputy Leader of the Opposition (the shadow minister) and I have a very good relationship when it comes to matters related to mining.

The reason I took exception is more about the fact that I have a great deal of faith that Mr Williams will do the right thing when it comes to mining. When there are technical amendments of this nature, I always hope that we can rise above party politics and do the right thing, so if I offended the member for MacKillop—

Mr Williams interjecting:

The Hon. A. KOUTSANTONIS: Let me finish; just sit quietly and let me finish for once in your life.

Mr Griffiths: You sounded angry, Tom, at the time.

The Hon. A. KOUTSANTONIS: I was angry.

An honourable member: He's not now.

The Hon. A. KOUTSANTONIS: I'm not now. I want you to follow my example and rise above it all. To the member for MacKillop, I say this. I have never demanded anything of him, I have always treated him with the utmost respect, and I have always given him the facts as I have known them when it comes to these matters. We always have a very good relationship when it comes to these issues, and I hope that continues. I think the language of this house can be tempered outside question time, and generally it is, and there are a few rare examples where it is not.

In conclusion, this is a very important amendment. Obviously, when the government attempted to reduce red tape the Miner's Right was abolished when wide-ranging amendments were made to the Mining Act on 1 July 2011. Section 20 of the act was amended to create a new right to prospect. This gives a right to prospect for miners in South Australia; of course, we are now retrospectively administering that. I hope we have a smooth passage in the other place to fix this anomaly as quickly as possible, and I commend the bill to the house.

Bill read a second time.

Third Reading

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Manufacturing, Innovation and Trade, Minister for Mineral Resources and Energy, Minister for Small Business) (16:02): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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