South Australian Numbered Acts South Australian Numbered ActsAfter section 27 insert:
27A—Cancellation and suspension
(1) The Opal Mining Registrar may cancel or suspend a precious stones tenement if the tenement holder contravenes or fails to comply with—
(a) a term or condition of the tenement; or
(b) a provision of this Act.
(2) The Opal Mining Registrar may suspend all or some of the operations under a tenement—
(a) pending compliance with an obligation or requirement under this Act by the tenement holder; or
(b) until the tenement holder takes some other step specified by the Minister; or
(c) on account of any other matter that, in the opinion of the Minister, warrants suspension of rights under the tenement.
(3) The Opal Mining Registrar must not take action under this section unless or until the Opal Mining Registrar has—
(a) taken reasonable steps to notify the tenement holder of the proposed course of action (including in the notification the grounds on which the Opal Mining Registrar is intending to act); and
(b) provided the tenement holder with an opportunity to make written submissions in relation to the matter within a period specified by the Opal Mining Registrar.
(4) The Opal Mining Registrar may, after complying with subsection (3)
, by instrument registered on the opal mining register, cancel or suspend a tenement.
(5) The Opal Mining Registrar must ensure that a notice of the cancellation or suspension of a tenement under subsection (4)
is given to the tenement holder.
(6) A tenement holder may, within 28 days after receiving a notice under subsection (5)
, appeal to the ERD Court in relation to the matter.
(7) The ERD Court may, on hearing an appeal under subsection (6)
, if satisfied that the ground or grounds on which the Opal Mining Registrar acted were insufficient to justify the cancellation or suspension of the tenement (as the case may be)—
(a) revoke the cancellation or suspension; and
(b) make any consequential or ancillary order that the Court considers necessary or appropriate.
(8) If the ERD Court makes an order under subsection (7)(a)
, the Opal Mining Registrar may, subject to any order of the Court, reinstate the tenement to a date that coincides with the initial date of the cancellation or suspension, or such later date as the Opal Mining Registrar considers to be appropriate in the circumstances.