South Australian Consolidated Acts South Australian Consolidated Acts (1) The Minister may,
subject to this section and Part 9B, grant to the holder of a registered
mineral claim a retention lease of the whole or part of the land comprised in
the claim.
(1a) Where the
registered mineral claim relates to a particular stratum, the lease shall, if
granted, relate to the same stratum.
(2) A retention lease
may, subject to subsection (3), be granted in any of the following cases:
(a)
where for economic or other reasons the applicant is, in the opinion of the
Minister, justified in not proceeding immediately to mine the land in
pursuance of a mining lease; or
(b)
where in the opinion of the Minister sufficient investigation has not yet been
carried out to enable him to determine the terms and conditions upon which a
mining lease should be granted; or
(c)
where the applicant seeks an authorisation to carry out mining operations for
the recovery of a radioactive mineral and the Minister thinks it desirable to
defer the granting of a mining lease endorsed with such an authorisation.
(3) The Minister shall
not grant a retention 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.
(3a) If an application
for a retention 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.
(3b) If an application
for a retention 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.
(3c) If an application
for a retention lease is referred to the Minister for the River Murray under
subsection (3b) 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 retention lease should be granted; or
(b) if a
retention lease is granted, on the conditions to which the retention 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).
(3d) If an application
for a retention 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.
(3e) If an application
for a retention lease is referred to the Minister
for the Adelaide Dolphin Sanctuary under subsection (3d) 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 retention lease should be granted; or
(b) if a
retention lease is granted, on the conditions to which the retention 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).
(4) A retention lease
shall be subject to—
(a) such
terms and conditions as may be prescribed; and
(b) such
additional terms and conditions (if any) as the Minister thinks fit and
specifies in the lease.
(5) The Minister
shall, in determining 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.