Fact Sheet
South Australia’s new mining laws - Mining Act 1971
GUIDE FOR EXPLORERS
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NEW LAWS APPLY FROM APRIL 2011
The Mining (Miscellaneous) Amendment Bill 2010
passed through both Houses of Parliament on
9 November 2010. As the Bill is currently waiting to
be assented to, and new Mining Regulations are
being drafted, the commencement date of April 2011
is a guide only.
INTRODUCTION
The Mining (Miscellaneous) Amendment Bill
2010 introduces amendments to the Mining Act
1971 to reflect the State Government’s
commitment to its principles of effective and
efficient regulation of our mineral resources
sector through best practice management of
South Australia’s mineral assets.
The exploration and mining sectors require well
defined procedures for access to land, security
of exploration and/or mining tenure and
predictable regulatory processes, in order to
commit to higher risks for investment in mineral
resource exploration, new mine development
and life-of-mine operations.
Landholders and communities require clear and
timely advice on their rights under the Mining Act
1971 and on the responsibilities of exploration
and mining companies who are seeking to
access their land.
The amendments to the Mining Act 1971
achieve these objectives by:
Reducing Red Tape – Repealing and amending
legislative requirements that impede industry in
the conduct of normal business operations.
Greater Transparency – Requiring industry to
provide more information on proposed and
current mining operations and improve
notification protocols for access to land for
landholders and the community. The
amendments also introduce greater
transparency in the Government’s approvals
processes.
Effective Regulation – Introducing new
regulatory and compliance tools, and
strengthened powers for authorised officers to
ensure the Government’s regulatory body has
the appropriate powers to achieve effective and
efficient compliance.
KEY FEATURES
This Guide for Explorers covers the key features
of the new laws which shall apply to explorers
including:
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Application
Assessment
Programs for Environmental
Protection and Rehabilitation
Common Regulations
Compliance and Enforcement
Landowner Related Rights &
Obligations
As this Guide focuses on key features only,
PIRSA recommends that you refer to the Bill
(www.pir.sa.gov.au/minerals) for a
comprehensive overview of the new laws.
Application
The amendments introduce new provisions in
relation to the application for exploration
licences.
Land that becomes vacant for application shall
be officially released through SARIG for a
specified period of time. All applications
received within the specified timeframe shall be
assessed by a merit-based assessment
process. If no applications are received within
the specified timeframe, any application
received after that time shall be assessed on a
ranking basis.
Assessment
In determining the conditions subject to which a
licence shall be granted, to the extent it is
necessary or appropriate in a particular case,
relevant consideration shall be given to the
protection of any aspect of the environment
that may be affected by the proposed mining
operations; any other lawful activities that may
be affected by those operations; and any
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Aboriginal sites or objects that may be affected
by those operations.
The new definition of “environment” includes:
(a) land, air, water (including both surface and
underground water and sea water), organisms,
ecosystems, native fauna and other features or
elements of the natural environment; and
(b) buildings, structures and other forms of
infrastructure, and cultural artefacts; and
(c) existing or permissible land use; and
(d) public health, safety or amenity; and
(e) the geological heritage values of an area;
and
(f) the aesthetic or cultural values of an area.
In relation to a particular mining tenement,
paragraphs (c) and (e) apply according to the
circumstances existing at the time that the
tenement is (or was) granted.
(6) This definition does not apply to or in relation
to Parts 9B or 11B.
Programs for Environmental Protection and
Rehabilitation
The holder of an exploration licence cannot
carry out mining operations unless they have an
approved Program for Environmental Protection
and Rehabilitation (PEPR).
A PEPR must set out:
 The proposed mining operations
 The environmental outcomes
 The criteria to measure those
environmental outcomes
 The ability of the holder to achieve the
environmental outcomes
 Any information required by licence
conditions or by the regulations
PEPRs will be publically available (commercial
information will remain confidential).
On application a PEPR may relate to more than
one licence.
All existing Exploration Work Approvals and
Declarations of Environmental Factors shall be
deemed to be PEPRs upon commencement of
the new laws.
Common Regulations
New common regulations which shall apply to all
licences include:
 Upon request a licence holder must
provide information on the licensee’s
capability and competence to comply
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with the Act, licence conditions and the
PEPR.
A licensee must prepare an annual
Compliance Report in accordance with
the regulations.
A licensee must maintain public liability
insurance.
COMPLIANCE AND ENFORCEMENT
Authorised Officer
The Minister may appoint a Public Service
employee to be an Authorised Officer. The
appointments may be conditional or with
limitations. An Authorised Officer will be issued
with an identity card which must be produced on
request. An Authorised Officer has the power to
undertake an Authorised Investigation.
Authorised Investigation
The purpose of an Authorised Investigation is to
gather information for:
 A suspected offence against the Act
 Personal injury or loss of property related
to mining operations
 Actual/potential environmental impact
 The administration or enforcement of the
Act and to monitor compliance with the
Act.
Powers of entry and inspection
When carrying out an Authorised Investigation
an Authorised Officer may:
 Enter land, inspect land and any
operations or activities conducted on the
land
 Examine anything on the land
 Take photographs, films or videos
 Carry out tests on mines, facilities and
equipment
 Take and remove samples
 Take and remove anything that may be
evidence of non-compliance with the Act.
Production of records
An Authorised Officer may require a person to
produce records for inspection or answer any
questions regarding the records, relevant to an
investigation.
Directions to prevent or minimise
environmental damage
Where mining operations are being conducted in
a way which is likely to result in undue damage
to the environment or a breach of environmental
outcomes under a PEPR, the Minister or
Authorised Officer may by written notice give an
Environmental Direction (effective immediately).
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An Environmental Direction may include:
 Discontinuance of mining operations –
indefinitely or for a specified time
 Undertake a specified action, tests or
monitoring
 Undertake rehabilitation or restore any
land
 Furnish the Minister with results or
reports
A person required to comply with an
Environmental Direction may appeal to the ERD
Court for a review of the direction within 28
days.
LANDOWNER RELATED RIGHTS AND
OBLIGATIONS
There is a penalty of up to $250,000 for noncompliance.
Exempt Land
Pursuant to the Mining Act, certain land is
exempt from mining operations, unless the
person who has the benefit of the exemption
waives that right.
A person required to comply with an
Environmental Direction may appeal to the ERD
Court for a review of the direction within 28
days.
Where a mining operator has entered into an
agreement with a person to waive the benefit of
exempt land, the person who has the benefit of
the exemption shall have a cooling-off right.
Power to direct rehabilitation
The Minister may by written notice given to any
person undertaking mining operations, issue a
Rehabilitation Direction.
The person’s cooling-off right shall commence
from the date of signing the agreement and
concludes at the end of the fifth clear business
day after the date the agreement was signed.
A rehabilitation direction may include:
 The rehabilitation of land in accordance
with a PEPR
 The rehabilitation of land to a standard
required to meet licence conditions
 The direction must allow reasonable time
for compliance and may require the
removal of abandoned equipment and
facilities.
If the person who has the benefit of the
exemption decides to rescind their agreement,
they must give written notice to the mining
operator prior to the expiry of the cooling-off
period.
There is a maximum penalty of $250,000 for
non-compliance.
A person required to comply with an
Environmental Direction may appeal to the ERD
Court for a review of the direction within 28
days.
Compliance directions
The Minister may by written notice issue a
compliance direction for the purpose of:
 Securing compliance with a provision of
the Act, licence conditions or any
authorisation relating to the licence
 Preventing operations which are contrary
to the Act or licence
 Rehabilitating land where there is no
authority under the Act to undertake
mining operations (illegal mining)
There is a penalty of up to $250,000 for noncompliance.
A mining operator is liable to pay reasonable
costs for the person to obtain legal assistance
relating to a waiver of exemption negotiation.
Costs are limited up to $500.
The relevant court for any legal proceedings
relating to exempt land is the ERD Court.
Notice of Entry
A Notice of Entry served on a landowner must
include information relating to: company details;
a detailed work program; timing and location of
proposed mining operations; rights of
compensation and rights of objection.
If land is subject to a licence under the
Petroleum and Geothermal Energy Act 2000 a
Notice of Entry must be served on the holder of
that licence.
The relevant court for any legal proceedings
relating to a Notice of Entry is either the
Warden’s Court or ERD Court or Supreme
Court.
Declared Equipment
The definition of declared equipment now
includes drilling equipment.
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A Notice of Use of Declared Equipment must be
served on the landowner at least 21 days prior
to using declared equipment.
If land is subject to a licence under the
Petroleum and Geothermal Energy Act 2000 a
Notice of Use of Declared Equipment must be
served on the holder of that licence.
A Notice of Use of Declared Equipment is not
required for a mining lease.
The relevant court for any legal proceedings
relating to Notice of Use of Declared Equipment
is the Warden’s Court.
Compensation
Compensation payable to a landowner may
include an additional component to cover costs,
reasonably incurred by a landowner in
connection with any negotiation or dispute
relating to a mining operator gaining access to
their land.
Acquisition of Land
If the activities of a mining operator on land
substantially impair the owner’s use and
enjoyment of the land, the owner may apply to
the Land and Valuation Court for an order to
transfer their land to the holder of the mining
lease or miscellaneous purposes licence.
The purchase price will be an amount equivalent
to market value of the land and a further amount
the Court considers just, by way of
compensation for disturbance.
The new section in the Act relating to Acquisition
of Land will not apply to exploration licences.
FURTHER INFORMATION AND RESOURCES
Telephone: 08 8463 3000
Visit www.pir.sa.gov.au/minerals for the latest
information on the progression of the legislative
passage of these amendments.
Other Fact Sheets available:
Guide for Miners
Guide for Landowners
Other PIRSA Regulatory Guidelines and
Information Sheets are currently being updated
and will be made available when the
amendments come into operation.
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