South Australian Current Acts

MINING ACT 1971 - SECT 37

37—Approval of application and registration

        (1)         The Minister—

            (a)         must not grant a mining lease unless the Minister is satisfied—

                  (i)         that there is a reasonable prospect that the land in respect of which the lease is sought could be effectively and efficiently mined; and

                  (ii)         that appropriate environmental outcomes will be able to be achieved; and

            (b)         must not grant a mining lease if the Minister considers that sufficient investigations have not been carried out in order to enable the Minister to determine the terms and conditions on which the lease could be granted.

        (2)         However, if the Minister cannot grant a mining lease by virtue of the operation of subsection (1), the Minister may instead, with the concurrence of the applicant for the mining lease (and on the basis of such further application by the applicant as the Minister thinks fit), grant a retention lease under Part 7.

        (3)         If the Minister decides to grant a mining lease, the lease will be taken to be granted under this Act when the lease is registered on the mining register (and the term of the lease will be taken to commence from the date of registration).