South Australian Consolidated Acts South Australian Consolidated Acts (1) The Warden's Court
may, upon application by any interested person, make an order for the
forfeiture of any mineral claim.
(2) An order shall not
be made under subsection (1) unless the Court is satisfied that the
requirements of this Act in relation to the claim have not been complied with
in a material respect and that the matter is of sufficient gravity to justify
the forfeiture of the claim.
(3) Where an order for
the forfeiture of a claim is made (otherwise than upon the application of
the Director) under this section, the person upon whose application the order
was made shall have, for a period of 14 days after the date of the order, a
preferential right to peg out a claim of the same class as the forfeited claim
upon the land comprised in the forfeited claim.
(3a) After an
application has been made under this section, the mineral claim to which the
application relates cannot be surrendered, nor will it lapse, until the
application has been determined.
(4) For the purposes
of this section—
"interested person" means—
(a)
the Director of Mines; or
(b) a
person of a class prescribed by the regulations for the purposes of this
definition.