South Australian Current Acts South Australian Current Acts (1) An exploration
licence shall—
(a)
describe or delineate the lands in respect of which it is granted; and
(b) be
subject to such terms or conditions as may be prescribed and to such
additional terms or conditions as the Minister thinks fit and specifies in the
licence.
(2) The Minister
shall, in determining the terms and conditions subject to which a licence is
to be granted under this Part, insofar as the Minister considers to be
necessary or appropriate in view of the nature and extent of the licence and
any other relevant factor, give consideration to the protection of—
(a) any
aspect of the environment that may be affected by the conduct of operations in
pursuance of the licence;
(b) any
other lawful activities that may be affected by those operations;
(d) any
Aboriginal sites or objects within the meaning of the
Aboriginal Heritage Act 1988 that may be affected by those operations,
and may take into consideration such other factors as he considers appropriate
in the particular case.
(4) The Minister may,
under the terms of an exploration licence or by conditions attached to an
exploration licence, limit or define the extent or scope of operations
authorised under the licence.
(5) Without limiting
any other section, the Minister may add, vary or revoke a term or condition of
an exploration licence at any time during the term of the licence considered
appropriate by the Minister.
(6) However, if the
Minister acts under subsection (5) without the agreement of the holder of
the licence, the holder of the licence may appeal to the ERD Court in relation
to the matter.
(7) The ERD Court may,
on hearing an appeal under subsection (6)—
(a)
confirm the action taken by the Minister;
(b) vary
or revoke any term or condition imposed by the Minister, or impose any term or
condition considered appropriate by the Court;
(c) make
any consequential or ancillary order that the Court considers necessary or
expedient.