South Australian Consolidated Acts

MINING ACT 1971 - SECT 70

70—Forfeiture and transfer of leases

        (1)         The Warden's Court may, upon application by any interested person, adjudge that a lease under this Act is liable to forfeiture, and recommend to the Minister that the lease be forfeited.

        (2)         A recommendation shall not be made under subsection (1) unless the Court is satisfied that the requirements of this Act in relation to the lease have not been complied with in a material particular and that the matter is of sufficient gravity to justify the forfeiture of the lease.

        (3)         Where the Warden's Court has recommended the forfeiture of a lease—

            (a)         the Minister may, by notice in the Gazette, forfeit the lease to the Crown; and

            (b)         the person on whose application the Court recommended forfeiture is then entitled to a transfer of the lease from the Crown for the balance of its term.

        (4)         A transfer of a lease under subsection (3)(b) takes effect on publication of a notice of transfer in the Gazette.

        (4a)         After an application has been made under this section, the lease to which the application relates shall not be transferred or surrendered until the application has been determined.

        (5)         For the purposes of this section—

"interested person" means the holder of a miner's right.