South Australian Current Regulations South Australian Current Regulations62—Forfeiture and transfer of mineral tenement
(1) For the purposes
of section 70(1)(b) of the Act, section 70 of the Act applies in
relation to an exploration licence.
(2) For the purposes
of section 70(2a) of the Act—
(a) an
applicant must be able to demonstrate—
(i)
their capacity to meet the terms and conditions of the
tenement; and
(ii)
their capacity to meet the outcomes, criteria and
requirements of the relevant approved program under Part 10A of the Act;
and
(iii)
their capacity to replace any bond or security in place
under section 62 of the Act; and
(iv)
a history of compliance with the provisions of the Act
and any designated Act; and
(b) an
application must be supported by—
(i)
evidence of technical, operational and financial
capabilities and resources available to the applicant to undertake the
operations contemplated by the relevant approved program under Part 10A
of the Act; and
(ii)
evidence of the capacity to rectify or address the
grounds on which the tenement would be forfeited, as applying under
section 70(2b) of the Act; and
(c) an
application may not be made in relation to an exploration licence that was
granted or has been transferred within the period of 2 years immediately
preceding the date of the application.
(3) For the purposes
of section 70(3a)(a) of the Act, a right to the transfer of a mineral
tenement does not arise—
(a) if
the person on whose application the Court recommended forfeiture fails to
notify the Minister, within 14 days after the Court makes its
recommendation, in a manner and form determined by the Minister, that they
wish to have the mineral tenement transferred to them; or
(b) if
the Minister does not consent to the transfer of the mineral tenement.