Applying for a Production Tenement
Forms and Fees
The department is transitioning to digital application forms where possible and these forms will continue to be updated as online versions are created and updated.
Mineral claim registration
Any individual or registered business entity may peg a mineral claim, provided that they have met the requirements to access that land, and hold the required consents, agreements and authorisations. You must consult with the parties who have an interest in that land, noting that some of those parties have a right to object to the registration of a mineral claim.
The below chart and links to further information will assist you in understanding these requirements.
If granted, a mineral claim will provide the holder with 12 months to apply for either a mining lease or a retention lease. If a valid application is not received by the department within that timeframe, the mineral claim will lapse.
Applying for a mining lease
A mining lease gives the holder the exclusive right to conduct mining operations and sell the minerals specified in the conditions attached to the lease. A mining lease must be obtained before production or sale of minerals can commence, and is the first stage in South Australia’s two stage mining approvals process.
Mining leases can be granted to the holder of a mineral claim, a retention lease or an exploration licence, subject to the applicant meeting the requirements of the Mining Act and associated regulations and determinations, and subject to the application being approved and the licence granted by the Minister or their delegate.
The below chart and further information describes the application and assessment process for mining lease applications. This can be a complex process, and applicants are encouraged to engage with the department as early as practicable to ensure a smooth assessment process.
If a mining lease is granted, tenement holders will need to hold an approved PEPR before operations can commence.
Applying for a miscellaneous purposes licence
Miscellaneous purposes licences are typically granted to the holder of a mining lease, for purposes ancillary to the mining operation, but can be granted to any person. When applying for a mining lease, you should consider if a miscellaneous purposes licence is required and seek to apply for all the required tenements at the same time.
Applying for a retention lease
Retention leases can be granted to the holder of a mineral claim, an exploration licence or a mining lease, where it is determined that the applicant has a valid reason for the grant of a retention lease. A retention lease can be granted if, for economic or other reasons, it is not currently optimal for the holder to progress a project to a mining lease.
It is best to contact the Mining Regulation Branch to discuss this process prior to submitting the necessary form and fees. Emailing DEM.Tenements@sa.gov.au is the recommended method for enquiries regarding retention leases.