South Australian Current Acts

MINING ACT 1971 - SECT 56H

56H—Notice

        (1)         This section applies in relation to—

            (a)         an application for—

                  (i)         a mining lease; or

                  (ii)         a retention lease (unless exempt by the regulations); or

                  (iii)         a miscellaneous purposes licence; or

            (b)         an application under Division 7 (to the extent that the requirements of that Division are applied by the regulations).

        (2)         The Minister must, as soon as practicable after receiving an application to which this section applies, in such manner as the Minister thinks fit, give notice of the application—

            (a)         to the owner of the land to which the application relates; and

            (b)         if the land is within the area of a council—to the council.

        (3)         In addition, before the Minister makes a decision on an application to which this section applies, including as to the terms and conditions (if any) that will apply or attach to the relevant mineral tenement or approval, the Minister must publish, in such manner as the Minister thinks fit, a notice—

            (a)         describing the land to which the application relates and, if relevant, the particular stratum in relation to which the tenement would be, or has been, granted (as the case requires); and

            (b)         specifying a place where the application may be inspected; and

            (c)         inviting written submissions in relation to the application to the Minister within a time specified in the invitation.

        (4)         The Minister—

            (a)         must give to the applicant a copy of any submission received by the Minister under subsection (3) within the relevant period specified by the Minister; and

            (b)         may require the applicant to respond to any matter raised in any such submission within a period specified by the Minister.

        (5)         A submission under subsection (3) cannot be made on the basis that the submission (or part of the submission) will be kept confidential and a response under subsection (4) cannot be made on the basis that the response (or part of the response) will be kept confidential.

        (6)         In determining whether or not to grant an application to which this section applies and, if so, the terms and conditions on which it should be granted, the Minister must have regard to any submissions or response received under subsection (3) or (4).

        (7)         The requirement to publish a notice under subsection (3), and the requirements of subsections (4), (5) and (6), do not apply if the Minister decides to refuse the application without inviting submissions on the application.

        (8)         As soon as practicable after determining whether or not to grant or refuse an application to which this section applies, the Minister must cause notice of the determination to be published in accordance with the regulations.