South Australian Consolidated Acts

MINING ACT 1971 - SECT 33

33—Cancellation, suspension etc of licence

        (1)         Where the holder of an exploration licence has contravened, or failed to comply with, any provision of this Act or any condition of the licence, the Minister may suspend the licence (in which case the licence shall, during the period of suspension, be of no force or effect) or cancel the licence.

        (2)         Where a licence is cancelled or suspended under subsection (1), the licensee may, within 28 days after the cancellation or suspension, appeal to the ERD Court and the Court may, if it is satisfied that there is no proper ground for the cancellation or suspension, declare that cancellation or suspension void.

        (3)         The Minister or the ERD Court may stay the operation of the cancellation or suspension of the licence until the appeal is determined, withdrawn or struck out.

        (3a)         The Minister may, as a result of an appeal to the ERD Court, reinstate an exploration licence to a date that coincides with the initial date of a cancellation or suspension, or such later date as may appear to the Minister to be appropriate in the circumstances.

        (4)         Where, in the opinion of the Minister, any land comprised in an exploration licence is required for a public purpose, the Minister may, by notice published in the Gazette, excise that land from the total area comprised in the licence, and the licence shall then cease to apply to that land.

        (5)         Where the Minister exercises his powers under subsection (4), the holder of the licence may apply to the ERD Court for an order that the Minister compensate him for the money expended by him in prospecting for minerals in the area excised from the total area comprised in the licence, and the ERD Court, upon the hearing of any such application, may determine what amount would fairly compensate the holder of the licence for such expenditure and order that the amount so determined be paid by the Minister to the holder of the licence.

        (6)         The Minister shall pay any amount that he is ordered to pay under subsection (5) out of money provided by Parliament.

        (7)         The holder of an exploration licence may, with the consent of the Minister, surrender any land comprised in the licence, and the licence shall then cease to apply to that land.