Landowner Rights - FAQs
As the landowner, do I need a mining lease to mine and sell minerals from my property?
As all minerals belong to the Crown, if you wish to sell minerals extracted from your property you must be the holder of a mining lease.
As the landowner, do I need a mining lease to dig up material located on my property to use on my property?
Under this Act, the owner of the land does not require a mining lease for the recovery of extractive minerals from that land for his/her own personal use.
I have received a Notice of Entry – what does this mean?
If somebody serves a Notice of Entry on you as the landowner, it means that they wish to enter your property to prospect, explore or peg a mineral claim.
If the land is held under a form of title (other than a pastoral lease) that confers a right to exclusive possession of the land, the owner may, within three months after service of the notice, lodge a notice of objection with the Warden’s Court.
Can the local council enter my property to mine for minerals without having a mining lease?
A council can enter your property to remove minerals under the Local Government Act, 1934 for council works. If a council wishes to sell material, they must apply for a mining lease. For further information on the Local Government Act, please contact the Local Government Association on telephone 8224 2000.
I don’t want anyone mining on my property. What can I do to protect my mining rights?
As all minerals belong to the Crown, you as a landowner do not have any automatic mining rights. However, if a person/company wishes to enter onto freehold property to peg a claim for extractive minerals (eg. sand, gravel, stone, shell, shale or clay but does not include any such minerals that are mined for a prescribed purpose or fire clay, betonite or kaolin), they cannot do so without the freehold landowners written permission.
If a person/company pegs a mineral claim on your property to peg a claim for minerals (eg. metal or metalliferous ore, precious stones, shell, coal, oil shale or a mineral that is used as a prescribed purpose) and applies for a mining lease, you will have an opportunity to object to the application as part of the consultation process undertaken when assessing a lease application.
NB: To obtain a more detailed description of the meaning of "extractive minerals" and "minerals", refer to the Mining Act, 1971.
Does the holder of a mining lease situated on my property pay me royalties?
There is no obligation on a miner to pay royalties to landowners. However, payment of a royalty may be negotiated between the holder of the lease and the landowner. Note that there is no specified rate on how much the royalty or other compensation should be and that DMITRE cannot provide advice in this regard.
- Page URL: http://www.pir.sa.gov.au/minerals/licensing_and_regulation/mining_operations/frequently_asked_questions/faq_landowners
- Page Last Modified: May 4, 2012