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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-05-01 Daily Xml
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MINING (EXPLORATION AUTHORITIES) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 4 April 2012.)

The Hon. D.W. RIDGWAY (Leader of the Opposition) (17:34): I rise on behalf of the opposition to support the Mining (Exploration Authorities) Amendment Bill 2012. This bill solves a minor anomaly which could have reasonably serious ramifications if not corrected. It was taken through all stages of the debate on 3 April in the other place. As the minister commented, there is generally a high level of bipartisan support for community sectors to create substantial wealth for our constituents. So, it is in the best interests of the parliament, and the state I might add, to resolve this issue without hesitation.

The wealth the mining sector has the potential to create cannot be taken for granted. The government has a duty to make the best of a thriving economy and, while I appreciate the Labor government is working to fix up a red tape issue and the opposition will cooperate, it could have done far more to unlock the potential that will be created by the mining sector.

The need for this bill stems from a drafting problem in the major amendments to the Mining Act that we dealt with last year. It simply confirms the initial intent of the parliament when the original bill was dealt with. Amongst the raft of amendments in 2011 was one to abolish the term 'miner's right'. That gave the holder the authority to prospect for minerals within South Australia and, more importantly, the right to peg a mineral claim. In practice, in recent times the miner's right has only been used by the extractive sector of the industry for the establishment of gravel, rubble and sandpits.

Section 20 of the act, from which the miner's right was repealed, now creates a simple right to prospect, subject to the act and its regulations over the whole state. Crown law advice to government is that the enactment of section 20 was completed without following the mandatory process as per the commonwealth Native Title Act 1993, and as such all claims pegged under the new section 20 may well be invalid.

I was informed that the remedy suggested by the Crown Solicitor is that the definition of 'exploration authority', as it appears in section 6 of the act, should be amended to expressly include rights of prospecting under section 20, bringing the right to prospect within scope of part B of the act, thus giving validity to any effects on native title. It is proposed that the amendment will operate retrospectively to overcome any invalidity that has occurred in the meantime.

I am informed that the government has consulted the Attorney-General's Department at both the state and commonwealth levels, SA Chamber of Commerce and Industry and Santos, all of whom support the proposed amendment. Furthermore, it is my understanding that the government proposed the carriage of amendments through all stages on its introduction. As I stated in my opening remarks, the opposition will support the bill and is happy to progress it as quickly as possible.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (17:37): I thank the Leader of the Opposition for his second reading contribution and indicated support for this bill. I look forward to its being dealt with expeditiously through the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (17:39): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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