South Australian Consolidated Acts South Australian Consolidated Acts (1) If land comprised
in a mining tenement granted in relation to a special mining enterprise
pursuant to an agreement under this Part was, immediately before the granting
of the tenement, comprised in a lease or licence held under this Act in
respect of the same enterprise—
(a) the
lease or licence is, by force of this subsection, subsumed into the new
mining tenement; and
(b)
subject to a determination of the Minister or a court—
(i)
an interest (whether legal or equitable) in, or
affecting, the lease or licence so subsumed (being an interest in force
immediately before the granting of the mining tenement) continues to have the
same effect in respect of the mining tenement as it had before the tenement
was granted; and
(ii)
a liability of the holder of the mining tenement in
existence immediately before the granting of the tenement is not affected by
the granting of the tenement; and
(iii)
an approval, consent, licence or exemption granted under
another Act or law with respect to the carrying out of an operation or
activity under the lease or licence will be taken to have been granted with
respect to the carrying out of the same operation or activity under the new
mining tenement if the extent of the operation or activity, and the area of
land over which it is to be carried out, are not to be substantially
increased.
(2) If—
(a) an
existing lease or licence is to be subsumed into a new mining tenement under
this Part; and
(b) the
existing lease or licence is subject to a term or condition that has been
included to protect—
(i)
the natural beauty of a locality or place; or
(ii)
flora or fauna; or
(iii)
buildings of architectural or historical interest, or
objects or features of scientific or historical interest; or
(iv)
Aboriginal sites or objects within the meaning of the
Aboriginal Heritage Act 1988 ,
then the Minister must ensure that a comparable term or condition is included
in the new tenement.