South Australian Consolidated Acts

MINING ACT 1971 - SECT 34

34—Grant of mining lease

        (1)         Subject to Part 9B, the Minister may grant a mining lease—

            (a)         to the holder of a registered mineral claim, in respect of the whole or part of the land comprised in the claim; or

            (b)         to the holder of a retention lease, in respect of the whole or part of the land comprised in the lease.

        (1a)         Where the registered mineral claim relates to a particular stratum, the lease shall, if granted, relate to the same stratum.

        (1b)         A mining lease shall not be granted in respect of land within a subsurface stratum except upon the authority of a resolution passed by both Houses of Parliament.

        (3)         Mining leases shall be of prescribed classes and subject to prescribed terms and conditions appropriate to each class.

        (4)         A mining lease shall, in addition to such terms and conditions as may be prescribed, be subject to such additional terms and conditions (if any) as the Minister thinks fit and specifies in the lease.

        (5)         The maximum permissible area of the land in respect of which a mining lease may be granted shall be as prescribed.

        (6)         The Minister shall, in determining the terms and conditions subject to which a lease is to be granted under this Part, give proper consideration to the protection of—

            (a)         the natural beauty of any locality or place that may be affected by the conduct of operations in pursuance of the lease;

            (b)         flora and fauna that may be endangered or disturbed by those operations;

            (c)         buildings of architectural or historical interest, and objects and features of scientific or historical interest, that may be affected by those operations;

            (d)         any Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by those operations,

and may take into consideration such other factors as he considers appropriate in the particular case.

        (7)         It shall be a condition of a mining lease that the Minister may, at any time, require the holder of the lease to pay to any person an amount of compensation, stipulated by the Minister, to which that person is, in the opinion of the Minister, entitled in consequence of the conduct of mining operations in pursuance of the lease.