The Minerals Regulation Branch within the Department for Energy and Mining undertakes compliance and enforcement functions under the Mining Act (SA) 1971 and Opal Mining Act (SA) 1995.
The publication of the following enforcement and prosecution information is to ensure transparency of the scope and scale of the department’s enforcement activities. This also assists in delivering the important task of ensuring general and specific deterrence for the mining industry for offences under the relevant legislation, in accordance with the public interest.
| Individual / Corporation | Offence | Maximum penalty | Enforcement tool | Outcome | Date of outcome |
|---|---|---|---|---|---|
| Consolidated Mining Civil Pty Ltd | Section 70HC(1)(a) (illegal mining) of the Mining Act 1971 | $250,000.00 or imprisonment for 2 years | Civil penalty | Civil penalty negotiated of $35,000.00 into Mining Rehabilitation Fund | Oct-2023 |
| SA Crushing and Minerals Pty Ltd | Section 70HC(1)(a) (Illegal mining) of the Mining Act 1971 | $250,000.00 or imprisonment for 2 years | Enforceable voluntary undertaking | Undertaking to pay $15,987.48 into Mining Rehabilitation Fund; and rehabilitate 5.3 hectares of the disturbed areas for a minimum cost of $15,000.00 | 12-Oct-2023 |
| Lucas Total Contract Solutions Pty Ltd | Section 70HC(1)(a) (illegal mining) of the Mining Act 1971 | $250,000.00 or imprisonment for 2 years | Civil penalty | Civil penalty court imposed of $30,000.00 (into Mining Rehabilitation Fund) plus costs of $3,000.00 | 18-May-2023 |
| Rodney Stewart Pearce | Section 74 (illegal mining) Mining Act 1971(section has since been repealed and replaced) | $250,000.00 or imprisonment for 2 years | Prosecution | Conviction recorded No Penalty Victims of Crime Levy $245 | 26-Aug-2021 |
| Harvey Frederick Betts (first defendant) and BettsCo Earthmoving Pty Ltd (second defendant) | Section 74 (illegal mining) Mining Act 1971(section has since been repealed and replaced) | $250,000.00 or imprisonment for 2 years | Prosecution | First defendant: Conviction recorded Penalty of $22,000.00 Victims of Crime Levy $160 Second defendant: Conviction recorded only | May-2019 |
For further information in relation to any of these activities, please email DEM.MiningRegRehab@sa.gov.au
Information about South Australia's compliance model and regulatory tools used to monitor risks, identify problems early and, if need be, take action to deal with and fix non-compliance is included in Mining Act regulation, compliance and enforcement (PDF 286 KB)
