South Australian Current Acts

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MINING ACT 1971 - SECT 35

35—Application for lease

        (1)         An application for a mining lease must be made in a manner and form determined by the Minister and must be accompanied by—

            (a)         a mining proposal—

                  (i)         specifying the mining operations that the applicant proposes to carry out in pursuance of the lease (including details of the mining methods proposed and a description of the existing environment); and

                  (ii)         setting out—

                        (A)         an assessment of the environmental impacts of the proposed mining operations; and

                        (B)         an outline of the measures that the applicant proposes to take to manage, limit or remedy those environmental impacts; and

                        (C)         a statement of the environmental outcomes that are accordingly expected to occur; and

                  (iii)         a draft statement of the criteria to be adopted to measure the expected environmental outcomes; and

                  (iv)         the results of any consultation undertaken in connection with the proposed mining operations; and

            (b)         such information as the Minister requires; and

            (c)         the prescribed fee.

        (2)         The Minister may require the applicant to furnish him with such information and surveys as the Minister thinks fit.

        (2a)         If an application for a mining lease relates to an area within the Murray-Darling Basin, the Minister must, in considering the application, take into account the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act.

        (2b)         If an application for a mining lease 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.

        (2c)         If an application for a mining lease 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 mining lease should be granted; or

            (b)         if a mining lease is granted, on the conditions to which the mining 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).

        (3)         The Minister shall not grant a mining lease unless he is satisfied that there is a reasonable prospect that the land in respect of which the lease is sought could be effectively and efficiently mined.



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