South Australian Consolidated Acts

MINING ACT 1971 - SECT 55

55—Term and renewal of miscellaneous purposes licence

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

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

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

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

        (5)         If an application for the renewal of a miscellaneous purposes licence 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 miscellaneous purposes licence 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 miscellaneous purposes licence 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).