South Australian Current Acts South Australian Current Acts (1) The holder of an
exploration licence may apply to the Minister for approval of retention status
in relation to the licence under this section.
(2) An
application—
(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 retention status 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.
(3) The Minister may
grant retention status in relation to the exploration licence—
(a) if
satisfied that the tenement holder has been unable to obtain 1 or more
approvals under another Act or Acts that are required before the
tenement holder can commence or continue exploration operations in relation to
the land to which the application relates; or
(i)
that there is an identified mineral resource located in,
on or under the land to which the application relates; and
(ii)
that it is unreasonable to expect an application to be
made for a mining lease or a retention lease because it is not commercially
viable to spend time and money on developing the resource; and
(iii)
that it is reasonably likely that mining the relevant
land will become commercially viable within the next 6 years; or
(c) if
satisfied (in the Minister's absolute discretion) that there are other
circumstances which justify the granting of retention status under this
section.
(4) The area of land
in relation to which retention status applies will be an area that the
Minister considers, after consultation with the tenement holder, to be
reasonable in the circumstances (and may be less than the area delineated in
the application).
(5) The Minister may,
in granting retention status in relation to an exploration licence, or at a
subsequent time, do 1 or more of the following:
(a)
provide for a reduction in any expenditure commitment applying under
section 30AAA;
(b)
provide for less reduction in the area of the licence applying in relation to
a renewal of the licence under section 30A;
(c)
provide for a reduction in the fees that would otherwise be payable under
section 31.
(6) Retention status
is to be granted for a term determined by the Minister of up to 6 years.
(7) If retention
status is granted for a term of less than 6 years, the Minister may
extend the term (from time to time) so the aggregate term of retention status
does not exceed 6 years.
(8) The Minister may
then extend the term of retention status beyond 6 years if satisfied that
the grounds on which retention status may be granted under subsection (3)
still apply in relation to the matter.
(9) The Minister may,
when granting retention status in relation to an exploration licence, or at a
subsequent time, make it a condition of the licence that the tenement holder
carry out work, in accordance with a work program approved by the Minister, in
relation to land to which the retention status applies.
(10) A work program to
be carried out by the tenement holder must, if the Minister so requires, be
submitted with the application for retention status and from time to time as
required under a condition of the licence imposed under subsection (9).
(11) The Minister may
approve a proposed work program with or without addition or modification.
(12) The Minister may,
on application by the tenement holder—
(a)
approve deferment of any work to be carried out under an approved work
program; or
(b)
approve the variation of an approved work program; or
(c)
cancel an approved work program.
(13) The Minister may,
at any time, by written notice accompanied by such information or evidence as
required by the Minister, require the holder of an exploration licence that
has retention status by virtue of the operation of subsection (3) to show
cause—
(a) why
1 or more approvals required under another Act or Acts have not been obtained;
or
(b) why
a mining lease or a retention lease should not be applied for in relation to
the whole or any part of the land comprised in the exploration licence.
(a) the
holder of the exploration licence fails to show cause (to the satisfaction of
the Minister) within a period specified by the Minister in a notice under
subsection (13); or
(b) the
Minister considers that the holder of the exploration licence has failed to
show sufficient cause,
the Minister may, by further notice to the tenement holder, require the
tenement holder to apply in accordance with this Act for a mining lease or a
retention lease in relation to the whole or any part of the land comprised in
the exploration licence.
(15) If the
tenement holder fails to comply with a notice under subsection (14)
within a period specified by the Minister, or an application for a mining
lease or retention lease is unsuccessful after a notice has been issued under
subsection (14), any retention status applying in relation to the land to
which the notice relates will expire and the land will be excised from the
area of the exploration licence and become relinquished ground.
(16) If—
(a) land
in relation to which retention status applies is not subject to a notice under
subsection (13); and
(b) the
term of retention status comes to an end while the exploration licence is
still in force,
the land will return to its original status under the exploration licence.