South Australian Consolidated Acts

MINING ACT 1971 - SECT 41

41—Suspension or cancellation of lease

        (1)         The Minister may suspend or cancel a mining lease if the lessee contravenes or fails to comply with a term or condition of the lease or a provision of this Act.

        (2)         Before exercising powers under subsection (1), the Minister must comply with any stipulations in the lease relating to the taking of such action.

        (3)         If a mining lease is suspended or cancelled under this section, the lessee may, within 28 days of the suspension or cancellation, appeal to the ERD Court and the Court may, if satisfied that there is no proper ground for the suspension or cancellation, declare the suspension or cancellation void.

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or the ERD Court may stay the operation of the suspension or cancellation of the lease until the appeal is determined, withdrawn or struck out.

        (5)         The Minister may, as a result of an appeal to the ERD Court, reinstate a mining lease 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.