South Australian Consolidated Acts

MINING ACT 1971 - SECT 41BA

41BA—Representations in relation to grant of retention lease

        (1)         The Minister must not grant a retention lease unless he or she has caused to be published in a newspaper circulating generally throughout the State a notice—

            (a)         describing the land to which the application relates and, if relevant, the particular stratum to which a lease would relate; and

            (b)         specifying a place at which the application may be inspected; and

            (c)         inviting members of the public to make written submissions in relation to the application to the Minister within a period specified in the notice (which must be a period of at least 14 days from the date of publication of the notice).

        (2)         The Minister must, within 14 days after receiving an application for a retention lease, give written notice of the application to the owner of the land to which the application relates together with an invitation to submit written representations on the application within a specified time.

        (3)         If an application is made for a retention lease in respect of land within the area of a council, the Minister must, within 14 days after receiving the application, send a copy of the application to the council and invite it to submit written representations on the application to the Minister within a time fixed in the invitation.

        (4)         In determining whether to grant or refuse an application for a retention lease and, if so, the terms and conditions on which it should be granted, the Minister must have regard to any representations made in response to an invitation under this section.