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 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.
(6) If an application
for the renewal of a retention lease is referred to the
Minister for the River Murray under subsection (5) 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 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).
(7) If an application
for the renewal of 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, consult with and have regard to the views of the
Minister for the Adelaide Dolphin Sanctuary.