South Australian Current Acts South Australian Current Acts56J—Alteration of terms and conditions
(1) This section
applies in relation to—
(a) a
mining lease; and
(b) a
retention lease; and
(c) a
miscellaneous purposes licence.
(2) Without limiting
any other provision, the Minister may at any time add, vary or revoke a term
or condition of a mineral tenement to which this section applies if the
Minister considers that the addition, variation or revocation is
necessary—
(a) to
offset, stabilise, prevent, reduce, minimise or eliminate any potential,
perceived or actual undue damage to the environment associated with
authorised operations carried out under the tenement; or
(b) to
ensure consistency with the conditions attached to the Commonwealth Minister's
approval (if any) under the Environment Protection and Biodiversity
Conservation Act 1999 of the Commonwealth; or
(c)
taking into account any other matter prescribed by the regulations.
(3) The Minister must
take reasonable steps to consult with the holder of the relevant mineral
tenement before acting under subsection (2).
(a) the
Minister acts under subsection (2) during the term of the relevant
mineral tenement; and
(b) the
Minister acts without the agreement of the tenement holder,
the tenement holder may appeal to the ERD Court in relation to the matter.
(5) The ERD Court may,
on hearing an appeal under subsection (4)—
(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.
(6) Subsections (3),
(4) and (5) do not apply in any circumstances prescribed by the regulations.