South Australian Current Acts South Australian Current Acts80—Conditions under which land may be simultaneously subject to more
than 1 tenement
(1) Subject to this
section, land shall not be simultaneously subject to more than 1 mineral
tenement under this Act.
(1b) The Minister may
grant an exploration licence that relates solely to exploration operations for
precious stones in respect of land that is subject to a prior tenement under
this Act that does not relate solely to precious stones.
(1c) However, the
Minister must not grant an exploration licence under subsection (1b)
without the written consent of the holder of the prior tenement.
(1d) If the Minister
grants an exploration licence under subsection (1b), the holders of the
respective tenements must, subject to maintaining reasonable efficiencies in
the conduct of their own operations, and any agreement between them or order
of the Warden's Court, take all steps that are reasonably practicable to
minimise interference with each others' operations.
Maximum penalty: $20 000.
(2) Where land is
subject to a mineral tenement, a further claim, lease or miscellaneous
purposes licence may, with the consent of the holder of that mineral tenement
or the approval of the Warden's Court, be established, or granted, in respect
of any portion of the land comprised in the prior tenement, and the rights
conferred by the respective tenements shall then be modified according to the
agreement of the parties or the order of the Warden's Court, as the case may
require.
(2a) Where a mineral
tenement and a further claim under subsection (2) would be held—
(a) by 1
person; or
(b) by
related bodies corporate,
a consent under that subsection is not effective unless it is given with the
approval of the Minister.
(3) The Warden's Court
shall not approve the establishing of a claim or the granting of a lease or
miscellaneous purposes licence under subsection (2) unless it is
satisfied that the rights of the holder of the prior tenement would not be
materially diminished by the granting of such an approval.
(4) The Warden's Court
may, on the application of a tenement holder, make an order to regulate,
restrict or prohibit authorised operations where 2 or more tenements
include the same land.
(5) The holder of a
mineral tenement must not contravene or fail to comply with an order under
subsection (4).
Maximum penalty: $5 000.
(6) The Minister must
not grant a mineral tenement in relation to land which already has another
mineral tenement over a different stratum unless or until the Minister is
satisfied that the applicant is a party to an agreement that provides for
access to each tenement.