South Australian Current Acts

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MINING ACT 1971 - SECT 35A

35A—Representations in relation to grant of lease

        (1)         The Minister must not grant a mining lease unless he or she has caused to be published, in accordance with subsection (4), a notice—

            (a)         describing the land to which the application relates and, if relevant, the particular stratum to which a lease would relate; and

            (b)         specifying a place at which the application may be inspected; and

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

        (1a)         The Minister must, within 14 days after receiving an application for a mining lease, give written notice of the application to the owner of the land to which the application relates together with an invitation to submit written representations on the application within a specified time.

        (2)         Where application is made for a mining lease in respect of land within the area of a council, the Minister shall, within 14 days after receiving the application, send a copy of the application to the council and invite it to submit written representations on the application to the Minister within a time fixed in the invitation.

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

        (4)         A notice under this section must be published—

            (a)         in the Gazette; and

            (b)         in a newspaper circulating generally throughout the State; and

            (c)         if there is a regional or local newspaper circulating in the part of the State in which the area of the proposed lease is situated—in the regional or local newspaper; and

            (d)         on a website maintained by the Department to which the public has access free of charge.



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