Prospecting - FAQs
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What is a mineral claim and what does it allow you to do? |
A mineral claim is a possessory title which is current for a non-renewable term of 1 year. It gives the holder an exclusive right to prospect for minerals within the claim area and to carry out any other exploratory operations that are approved in writing by the Director of Mines. It also authorises the holder to apply for a mining or retention lease over the whole or part of the land within the claim.
The ownership of a mineral claim does not authorise:
1. the removal of more than 1 tonne of material;
2. the sale or disposal of any minerals recovered in the course of mining operations; or
3. the use of any minerals recovered for any commercial or industrial purpose.
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I want to mine and sell some minerals, what do I have to do? |
Minerals are the property of the Crown, therefore any person wanting to mine minerals for sale must obtain a mining lease and pay royalties on all minerals recovered and sold.
The following is a summary of the steps involved in obtaining a mining lease. Please refer to M06 Prospecting and mining for minerals (.pdf 1.53Mb) for further information:
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You must conduct a search with Mineral Tenements to ascertain whether there are any exploration licences over the area. If there is, written permission will be required from the licence holder prior to pegging the claim.
More information about searching the Mining Register -
You must either serve Notice of Entry (Form 21) on the landowner (as defined in the Mining Act 1971) at least 21 days prior to entering on the land for the purpose of pegging a mineral claim, or enter into a written agreement with the landowner that authorises entry to the land for the purpose of pegging a mineral claim and obtaining a mining lease. Any agreement entered into in lieu of service of the Notice of Entry must meet the regulatory requirements under Regulation 60(4) of the Mining Regulations 2011. You have 14 days from the date of pegging the claim to lodge your Application for Registration of a Mineral Claim (Form 5). Note: Application fees apply
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You may lodge an Application for a Mining Lease (Form 10) or Retention Lease (Form 12) anytime during the life of the claim - 12 months from registration of the mineral claim (note: application fees apply). An Application for a Mining Lease must be accompanied by a detailed Mining Lease Proposal. Contact Regulation and Rehabilitation, Mining Lease Assessments for further information regarding legislative requirements of the contents of a proposal, email DMITRE.MiningRegRehab@sa.gov.au
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Mining may not commence until a mining lease is granted and a program for environment protection and rehabilitation (PEPR) has been approved in writing by the Minister’s Delegate.
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You may also be required to pay a rehabilitation bond prior to the commencement of mining operations.
Forms are available from the Approved forms page on the website.
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How do I start up a new quarry or re-open an old quarry? |
Anyone intending to mine minerals for sale must obtain a mining lease (see 'I want to mine and sell minerals' above)
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Do you have a list of companies operating in South Australia? |
The Earth Resources Information Sheet M38 Operating mines and quarries of South Australia (.pdf 625.7kb) gives details about operating mines, including the commodity, operator, location and an indication of production rate.
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Where can I take mineral samples for testing? |
Refer to Inspection and Testing Services in the Adelaide Yellow Pages or review the entries in the South Australian Minerals Services Directory.
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What is a private mine and how can they be cancelled? |
Prior to the commencement of the Mining Act 1971 ('the Act'), the ownership of minerals was vested in the landowner. With the inception of the Act, the ownership of minerals was vested in the Crown.
For a short period following the commencement of the Act, those persons who had previously owned the minerals in their land, and had commenced mining operations, were given the opportunity to apply for a private mine enabling them to retain control of those minerals and removing the requirement to obtain a mining lease to extract and sell minerals.
Each private mine was declared by proclamation by the Governor and has no expiry date.
The Governor may, also by proclamation, vary or revoke a declaration of a private mine. An application to vary or revoke a private mine may be made by the proprietor or the Director of Mines.
- Page URL: http://www.pir.sa.gov.au/minerals/licensing_and_regulation/mining_operations/frequently_asked_questions/faq_prospecting
- Page Last Modified: May 14, 2012