Mining in South Australia cannot be undertaken on Crown or private land unless in accordance with the provisions of the following acts and regulations:
- Mining Act 1971 and Mining Regulations 2011 made under the Act
- Offshore Minerals Act 2000
- Opal Mining Act 1995 and Opal Mining Regulations 2012 made under the Act
Mining Act 1971
The Mining Act and Regulations made under the Act:
- 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 provide 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
Offshore Minerals Act 2000
Opal Mining Act 1995
Other relevant Acts
The Environment Protection Authority (EPA) is responsible for the administration of the Environment Protection Act 1993 and the Radiation Protection and Control Act 1982.
The Mineral Resources Division of the Department of State Development is responsible for the administration of the Mining Act 1971, Mines and Works Inspection Act 1920, Offshore Minerals Act 2000, Roxby Downs (Indenture Ratification) Act 1982, Broken Hill Proprietary Company's Indenture Act 1937, Opal Mining Act 1995 and Whyalla Steel Works Act 1958.
The EPA and the Mineral Resources Division of the Department of State Development (previously within the Department for Manufacturing, Industry, Trade, Resources and Energy (DMITRE)) have entered a Memorandum of Understanding (MoU) in order to develop and comply with Administrative Arrangements to achieve consistent and efficient environmental regulation of mineral resources under the Acts for which they are responsible, especially when the obligations and responsibilities of the parties under the Acts overlap.
The MoU creates a long term commitment to a mutual working relationship between the parties. It was established to enable administrative arrangements to be developed between the agencies to support the consistent and efficient environmental regulation of mineral resources.
For more information, contact:
Mineral Resources Division
Department of State Development
Phone: +61 8 8463 3103