The Land Access Branch within the 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:
In South Australia minerals are the property of the Crown, and access to land for mineral exploration is gained through provisions of the Mining Act 1971 and Regulations, the Offshore Minerals Act 2000 and the Opal Mining Act 1995. Exploration and mining cannot be undertaken either on Crown or private land unless in accordance with the provisions of these acts and regulations.
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.
A consultation paper with proposed short term changes to the existing Mining Act 1971 and Mining Regulations 1998 has been released for public consultation.
More information about the proposed amendments and the consultation process
Mining Act regulation, administration and technical procedures relating to mineral exploration and mining in South Australia are dealt with by the Mineral Resources Group through the Mining Act and Regulations. In brief these:
The Mining Act 1971 (external site), including any amendments, can be accessed on the South Australian Legislation website.
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.
The Offshore Minerals Act 2000 (external site), including any amendments, can be accessed on the Attorney-General's Department website.
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. More information on opal mining is available in the Opal Mining in South Australia section.
The Opal Mining Act 1995 (external site), including any amendments, can be accessed on the Attorney-General's Department website.
More general information Opal Mining can be found in the Opal Mining FAQ.
The Aboriginal Heritage Act 1998 provides protection for all Aboriginal objects, remains, sites of spiritual, archaelogical, anthropological and historical significance whether they are registered or not.
Before starting exploration activities it is important that proponents are aware of their obligations under the Act.
Details of the Act and guidelines for complying with the Act are given in the Information Sheet M29: Aboriginal Heritage Act 1988 and Aboriginal Site Avoidance Guidelines.
There are a number of other South Australian and Commonwealth Acts that may be of interest or affect exploration work. The majority of the acts listed below are linked directly to the Attorney-General's Department of the South Australian Government and are available for download as .pdf or rich text format files.
More information about exploring for minerals and developing mineral resources in South Australia can be found in our the Mineral Channel's Guidelines Section. Current fees, rents and royalties can also be found on the Minerals Channel in the Fees, Rents and Royalties Section.
The submission, Mineral resource development in South Australia, to the Natural Resources Committee (NRC) of the Parliament of South Australia outlines the responsibilities of Primary Industries and Resources South Australia (PIRSA) as manager of South Australia’s mineral resources.
Visit the Australasian Legal Information Institute to search for Legislation throughout Australia - www.austlii.edu.au.