South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MINING ACT 1971 - SECT 35

35—Application for lease

        (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.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]