South Australian Consolidated Acts South Australian Consolidated Acts41D—Term and renewal of retention lease
(1) A retention lease
shall be granted for a term, not exceeding 5 years, specified in the lease.
(2) The holder of a
retention lease may, not later than 3 months before the expiration of the term
of the lease, apply, in the prescribed manner and form, to the Minister for
the renewal of the lease.
(3) If the applicant
has complied with this Act and with the terms and conditions to which the
lease is subject, the Minister may renew the lease for a further term, not
exceeding 5 years, on such terms and conditions as he thinks fit.
(4) If an application
for the renewal of a retention 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 retention 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 retention 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 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).