South Australian Current Acts

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MINING ACT 1971 - SECT 43

43—Nature of retention lease

        (1)         A retention lease is a mineral tenement that is granted in 1 of the following cases:

            (a)         where the applicant seeks an authorisation to carry out authorised operations to obtain information required to support an application for a mining lease where those authorised operations are not suited to being conducted under an exploration licence;

            (b)         where the Minister is acting under section 37(2) after a mining proposal has been the subject of an application for a mining lease under Part 6;

            (c)         where for economic or other reasons the applicant for the lease is, in the opinion of the Minister, justified in not proceeding immediately to mine the land under a mining lease.

        (2)         A retention lease—

            (a)         confers an exclusive right on the tenement holder to prospect for minerals on the land comprised in the lease; and

            (b)         confers on the tenement holder such other rights to conduct authorised operations in respect of the land comprised in the lease as may be specified in the lease; and

            (c)         confers on the tenement holder an exclusive right to apply for a mining lease in respect of the land comprised in the lease.

        (3)         A retention lease is subject to—

            (a)         such terms and conditions as may be prescribed; and

            (b)         such additional terms and conditions (if any) as the Minister thinks fit and specifies in the lease.



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