South Australian Consolidated Acts

MINING ACT 1971 - SECT 38

38—Term and renewal of mining lease

        (1)         A mining lease may be granted for such term, not exceeding 21 years, as may be determined by the Minister and specified in the lease.

        (2)         Subject to the terms and conditions of a mining lease, the holder of the lease shall, if he has complied with the provisions of this Act, and the terms and conditions of the lease during the term for which the lease was granted or last renewed, be entitled, at the expiration of that term, to the renewal of the lease for a further term.

        (3)         Where a person who is entitled to the renewal of a mining lease under this section makes due application in the prescribed form for the renewal of the lease not more than 6 months, and not less than 3 months, before the date of its expiry, the Minister shall renew the lease for a term, not exceeding 21 years, determined by the Minister.

        (4)         If an application for the renewal of a mining lease is not decided before the date of expiry, the lease continues in operation until the application is decided and, if the lease is renewed, the renewal dates from the date on which the lease would, but for this subsection, have expired.

        (5)         If an application for the renewal of a mining lease relates to an area within or adjacent to a specially protected area, the Minister must, before making his or her decision on the application, refer the application to the relevant Minister and consult with the relevant Minister in relation to the matter.

        (6)         If an application for the renewal of a mining lease is referred to a relevant Minister and the Minister to whom the administration of this Act is committed and the relevant Minister cannot agree—

            (a)         on whether a renewal should be granted; or

            (b)         if a renewal 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).