South Australian Current Acts

MINING ACT 1971 - SECT 29A

29A—Application for exploration licence

        (1)         An application for an exploration licence—

            (a)         must be made in a manner and form determined by the Minister; and

            (b)         must identify the boundaries of the land in respect of which the licence is being sought in accordance with the requirements of section 56E; and

            (c)         must be accompanied by such information as may be prescribed by the regulations; and

            (d)         must be accompanied by the prescribed application fee.

        (2)         If an application relates to an exploration release area (and is lodged with the Director within the application period for that exploration release area), the following provisions will apply:

            (a)         if the application is the only application received during the application period—the application will be assessed in accordance with this Act;

            (b)         if the application is 1 of 2 or more applications received during the application period—

                  (i)         the applications will be ranked according to their merits after taking into account such factors as the Minister considers appropriate in the particular circumstances; and

                  (ii)         the highest ranked application will be considered for the grant of an exploration licence but if 2 or more applications are assessed as being of equal merit, they will be placed in a ballot and the application selected by the ballot will be considered for the grant of an exploration licence in accordance with this Act.

        (3)         An application that relates to open ground may be made at any time.

        (4)         The following provisions will apply in relation to applications that relate to open ground:

            (a)         if, on a particular day, the Director receives only 1 application—the application will be assessed in accordance with this Act (and the determination of the application will take priority ahead of an application for an overlapping area lodged with the Director on a later day);

            (b)         if, on a particular day, the Director receives 2 or more applications that relate to the same land (wholly or in part)—

                  (i)         the applications will be ranked according to their merits after taking into account such factors as the Minister considers appropriate in the particular circumstances; and

                  (ii)         the highest ranked application will be considered for the grant of an exploration licence but if 2 or more applications are assessed as being of equal merit, they will be placed in a ballot and the application selected by the ballot will be considered for the grant of an exploration licence in accordance with this Act.

        (5)         The Minister may require the applicant to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister).

        (6)         A ranking under this section will cease to apply if the Minister cancels the ranking on the ground—

            (a)         that the application is found to be invalid; or

            (b)         that there is some other default, defect or circumstance that the Minister considers is sufficiently significant to warrant the cancellation of the ranking.

        (7)         The Minister will not grant an exploration licence unless or until the fee payable under section 31 has been received and if such a fee is not paid in relation to an application that relates to an exploration release area within a period determined by the Minister, the Minister may refuse the application and proceed with the consideration of the application made in relation to the same exploration release area with the next highest ranking (if any) (and if no application is then granted the relevant land will become open ground).

        (8)         Furthermore, the Minister may at any time and without consultation with the applicant or taking any other step, refuse an application at any stage of its consideration under this Act if—

            (a)         the applicant fails to comply with a requirement under this Act that is relevant to the making or consideration of the application; or

            (b)         the Minister considers—

                  (i)         that the applicant has not proceeded with reasonable diligence to obtain any other permission, authorisation, consent or other form of approval under another Act or law that is relevant in the circumstances; or

                  (ii)         that there are other sufficient grounds for not assessing the application further after taking into account the public interest and such other matters as the Minister thinks fit.