South Australian Current Acts South Australian Current Acts (1) In this
Part—
"exploration release area" means an area identified as an
exploration release area in an exploration release area notice;
"exploration release area notice" means a notice published in relation to
relinquished ground under subsection (5);
"open ground" means land—
(a)
that—
(i)
is not subject to an existing mineral tenement; and
(ii)
subject to paragraph (d), is not
relinquished ground; or
(b) that
has become available due to the partial surrender of a mineral tenement, other
than where the Minister has determined that the land should be considered to
be relinquished ground; or
(c) that
has become available due to the reduction in the size of an exploration
licence on the amalgamation of an expenditure commitment or on renewal of an
exploration licence under this Part (other than under section 30A(11));
or
(d) that
has been subject to an exploration release area notice and has become
available because no exploration licence was granted in relation to the
relevant exploration release area on account of an application made during the
application period specified in the notice; or
(e) that
has been the subject of an exploration licence and is to be considered as
open ground by virtue of a determination of the Minister; or
(f) that
is to be considered as open ground after the land has been the subject of a
reservation order under section 8 or subject to a notice under
section 15 by virtue of a determination of the Minister;
"relinquished ground" means land—
(a) over
which an exploration licence has applied where the exploration licence—
(i)
has expired; or
(ii)
has been cancelled or fully surrendered; or
(iii)
has been the subject of an application for renewal, but
the application has been withdrawn,
other than where the Minister has determined that the land should be
considered as open ground, or should be the subject of a mineral tenement
granted to a particular person; or
(b)
that—
(i)
has been the subject of a reservation under
section 8 and that reservation has been revoked; or
(ii)
has been the subject of a notice under section 15
and the completion date under that notice has expired,
other than where the Minister has determined that the land should be
considered as open ground, or should be the subject of a mineral tenement
granted to a particular person; or
(c) that
has been the subject of retention status under section 33B and that
status has expired under that section without the land becoming the subject of
a mining lease or retention lease, unless the land has returned to its
original status under the relevant exploration licence; or
(d) that
is to be considered as relinquished ground by virtue of another provision of
this Act; or
(e) that
is considered as relinquished ground rather than as open ground by virtue of a
determination of the Minister after the partial surrender of a
mineral tenement; or
(f) that
constitutes relinquished ground under the regulations.
(2) An exploration
licence is granted by the Minister.
(3) An exploration
licence may be granted—
(a) in
relation to an exploration release area; or
(b) in
relation to open ground.
(4) If land becomes
relinquished ground—
(a) a
person may not make an application for an exploration licence in relation to
any part of the land; and
(b) a
mineral claim may not be established in relation to any part of the land,
other than a mineral claim relating to extractive minerals,
until the land is subject to an exploration release area notice.
(5) An exploration
release area notice will be a notice in a form determined by the Minister and
will be issued by the Minister (in such manner as the Minister thinks fit) in
relation to relinquished ground at a time determined by the Minister after the
land becomes relinquished ground.
(6) An
exploration release area notice will specify—
(a) the
exploration release area; and
(b) the
application period for that exploration release area.