South Australian Consolidated Acts South Australian Consolidated Acts (1) An application for
a mining lease must be in the prescribed form and must be accompanied
by—
(a) a
statement of—
(i)
the mining operations that the applicant proposes to
carry out in pursuance of the lease; and
(ii)
the measures that the applicant proposes to take to
remedy damage to land that may result from the proposed mining operations; and
(iii)
such other information as is prescribed; and
(b) the
prescribed fee.
(2) The Minister may
require the applicant to furnish him with such information and surveys as the
Minister thinks fit.
(2a) If an application
for a mining lease relates to an area within the Murray-Darling Basin, the
Minister must, in considering the application, take into account the objects
of the River Murray Act 2003 and the Objectives for a Healthy River
Murray under that Act.
(2b) If an application
for a mining lease relates to an area within a River Murray Protection Area,
the Minister must, before making his or her decision on the application, refer
the application to the Minister for the River Murray and consult with that
Minister in relation to the matter.
(2c) If an application
for a mining lease is referred to the Minister for the River Murray under
subsection (2b) and the Minister to whom the administration of this Act
is committed and the Minister for the River Murray cannot agree—
(a) on
whether a mining lease should be granted; or
(b) if a
mining lease is granted, on the conditions to which the mining lease should be
subject,
the Ministers must take steps to refer the matter to the Governor and the
Governor will determine the matter (and any decision taken by the Governor
will be taken to be a decision of the Minister under this Act).
(2d) If an application
for a mining lease relates to an area within or adjacent to the
Adelaide Dolphin Sanctuary, the Minister must, before making his or her
decision on the application, refer the application to the Minister for
the Adelaide Dolphin Sanctuary and consult with that Minister in relation to
the matter.
(2e) If an application
for a mining lease is referred to the Minister for
the Adelaide Dolphin Sanctuary under subsection (2d) and the Minister to
whom the administration of this Act is committed and the Minister for the
Adelaide Dolphin Sanctuary cannot agree—
(a) on
whether a mining lease should be granted; or
(b) if a
mining lease is granted, on the conditions to which the mining lease should be
subject,
the Ministers must take steps to refer the matter to the Governor and the
Governor will determine the matter (and any decision taken by the Governor
will be taken to be a decision of the Minister under this Act).
(3) The Minister shall
not grant a mining lease unless he is satisfied that there is a reasonable
prospect that the land in respect of which the lease is sought could be
effectively and efficiently mined.