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Legislation

Amendments to the Mining Act 1971 and regulations under the Act

Amendments have been in effect as of 1 July 2011.

See the Mining Act amendments page for more information.

Administration of the Mining Act

The Land Access Branch within PIRSA's 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.

Exploration and mining cannot be undertaken either on Crown or private land unless in accordance with the provisions of the following acts and regulations:

  • Mining Act 1971, Mining (Miscellaneous) Amendment Bill 2010 and Mining Regulations 2011 made under the Act
  • Offshore Minerals Act 2000
  • Opal Mining Act 1995.

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.

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

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.

Offshore Minerals Act 2000 (external site, opens in new window)

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.

Opal Mining Act 1995 (external site, opens in new window)

More information on opal mining in South Australia

Other relevant Acts

There are a number of other South Australian and Commonwealth Acts that may be of interest or affect exploration work.
Other legislation, codes and standards applicable to mining operations