PIRSA Minerals

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Legislation

The Land Access Branch within the Mineral Resources Group is responsible for a wide range of access, legislation and administrative roles that are critical within the South Australian exploration and mining industry. These responsibilities include:

  • Administration, regulation and review of policies and legislation
  • Evaluating and improvement of Government processes
  • Administration of the various mining acts, agreements and regulations
  • Approval and management of all types of mineral tenements and licences
  • Monitoring and Facilitation of emerging mineral projects and resource developments
  • Administration and assessment of mineral royalty payments

In South Australia minerals are the property of the Crown, and access to land for mineral exploration is gained through provisions of the Mining Act 1971 and Regulations, the Offshore Minerals Act 2000 and the Opal Mining Act 1995. Exploration and mining cannot be undertaken either on Crown or private land unless in accordance with the provisions of these acts and regulations.

Depending on the nature and location of the tenement, approvals and/or consultation may be required pursuant to legislation covering environmental, planning and Aboriginal issues.

Amendments to the Mining Act 1971 and Mining Regulations 1988

A consultation paper with proposed short term changes to the existing Mining Act 1971 and Mining Regulations 1998 has been released for public consultation.

More information about the proposed amendments and the consultation process

Mining Act 1971

Mining Act regulation, administration and technical procedures relating to mineral exploration and mining in South Australia are dealt with by the Mineral Resources Group through the Mining Act and Regulations. In brief these:

  • Provide that all minerals are the property of the Crown.
  • Provide for the issue of mineral tenements that give rights with respect to mineral exploration and production.
  • Establish landholder and licensee rights with regard to access to land and provides for compensation for any resulting damage.
  • Provide for the regulation of operations within tenements.
  • Provide for the collection of royalties on production; plus a range of fees for required approvals, annual tenement fees and penalties for breaches of the legislation.
  • Provide for the appointment of inspectors and authorised persons to have access to tenements.
  • Provide specific definitions of minerals, prospecting, exploration and mining.

The Mining Act 1971 (external site), including any amendments, can be accessed on the South Australian Legislation website.

Offshore Minerals Act 2000

The Offshore Minerals Act came into operation on 4 May 2002. The various state, Northern Territory and Commonwealth governments agreed that, as far as is practicable, a common offshore mining regime should apply in both Commonwealth and state/territory waters. The Offshore Minerals Act applies to coastal waters from the coastal boundary of the state to 3 nautical miles beyond the baseline and includes the gulf waters. Any proposed exploration and/or mining activities to be undertaken in coastal waters are governed by this legislation.

The Offshore Minerals Act 2000 (external site), including any amendments, can be accessed on the Attorney-General's Department website.

Opal Mining Act 1995

The Opal Mining Act came into operation in 1997. Whilst the laws for opal mining apply throughout the state, there are special provisions within the Act that apply to the proclaimed precious stone fields. The precious stone fields include Andamooka, Mintabie, Coober Pedy, and Stuart Creek. More information on opal mining is available in the Opal Mining in South Australia section.

The Opal Mining Act 1995 (external site), including any amendments, can be accessed on the Attorney-General's Department website.

More general information Opal Mining can be found in the Opal Mining FAQ.

Aboriginal Heritage Act 1998

The Aboriginal Heritage Act 1998 provides protection for all Aboriginal objects, remains, sites of spiritual, archaelogical, anthropological and historical significance whether they are registered or not.

Before starting exploration activities it is important that proponents are aware of their obligations under the Act.

Details of the Act and guidelines for complying with the Act are given in the Information Sheet M29: Aboriginal Heritage Act 1988 and Aboriginal Site Avoidance Guidelines.

Other relevant Acts

There are a number of other South Australian and Commonwealth Acts that may be of interest or affect exploration work. The majority of the acts listed below are linked directly to the Attorney-General's Department of the South Australian Government and are available for download as .pdf or rich text format files.

 

More information about exploring for minerals and developing mineral resources in South Australia can be found in our the Mineral Channel's Guidelines Section. Current fees, rents and royalties can also be found on the Minerals Channel in the Fees, Rents and Royalties Section.

Managing South Australia's Mineral Resources

The submission, Mineral resource development in South Australia, to the Natural Resources Committee (NRC) of the Parliament of South Australia outlines the responsibilities of Primary Industries and Resources South Australia (PIRSA) as manager of South Australia’s mineral resources. 

Visit the Australasian Legal Information Institute to search for Legislation throughout Australia - www.austlii.edu.au.