South Australian Consolidated Acts

MINING ACT 1971 - SECT 53

53—Application for licence

        (1)         An application for a miscellaneous purposes licence must be in the prescribed form and—

            (a)         must include a statement of—

                  (i)         the nature and extent of the operations or activity to be carried on in pursuance of the licence; and

                  (ii)         the measures (if any) that the applicant proposes to take to remedy damage to land that may result from the proposed operations or activity; and

                  (iii)         such information as is prescribed; and

            (b)         must be accompanied by the prescribed fee.

        (2)         The Minister must not grant a miscellaneous purposes licence unless he or she has caused to be published in a newspaper circulating generally throughout the State a notice—

            (a)         describing the area in respect of which the licence is sought; and

            (b)         specifying the purpose for which the licence is sought; and

            (c)         inviting members of the public to make written submissions in relation to the matter to the Minister within a period specified in the notice (which must be at least 14 days from the date of publication of the notice).

        (3)         The Minister may require the applicant to furnish further information and surveys.

        (4)         The Minister must within 14 days after receiving an application for a miscellaneous purposes licence send a copy of the application—

            (a)         to the owner of the land over which the licence is sought; and

            (b)         if the land is within the area of a council—to the council,

together with an invitation to submit written representations on the application within a specified time.

        (5)         In determining whether to grant or refuse an application for a miscellaneous purposes licence and, if so, the terms and conditions on which it should be granted, the Minister must have regard to any representations made in response to an invitation under this section.

        (6)         Where the Minister approves an application for a miscellaneous purposes licence, the licence will, subject to any contrary provision in the licence, take effect from the date on which the applicant is notified of the Minister's approval.