Private mine

When the Mining Act came into effect there was a limited opportunity for certain people to retain the rights to minerals. Where successful, the Governor proclaimed the area to be a private mine, a type of mining tenure that is dealt with quite differently to other mining rights. There are approximately 316 private mines.

Part 11B of the Mining Act specifically deals with private mines, highlighting the responsibilities of private mine proprietors. Only certain parts of the Act apply, however private mine proprietors are required to lodge mining returns and pay royalties. To discuss private mines further, contact the Mineral Tenements Team at DEM.tenements@sa.gov.au.

Private mine register

On 1 January 2021 changes to the Mining Act 1971 and Mining Regulations 2020, commenced with the aim to improve transparency through the establishment of a register of private mines. The interests of a proprietor of a private mine are now required to be registered, in accordance with s15AA(2) and regulation 76.

The department is currently undertaking an audit to ensure the register is kept up to date.

Resources

The following resources are provided to assist you to understand the current requirements for private mine holders.

Legislation

• Mining Act 1971
• Mining Regulations 2020
• Fee Schedule

Forms

• Form 13: Lease, licence, or private mine transfer
• Form 14: Mineral Tenement: Surrender or Partial Surrender
• Form 24: Caveat against a mining tenement
• Form 25: Mortgage a mining tenement
• Form 26: Mining return
• Form 28: Private mine: Royalty liability.
• Form 33: Private mine (PM) Notification of ‘Relevant Event.’

Guidance

• Information sheet: Application to transfer a mineral tenement
• Information Sheet: Application to surrender a Mineral Tenement
• Operator appointment - To appoint, or cease the appointment of, a person other than a tenement holder to carry out authorized operations on a mineral tenement, contact DEM.tenements@sa.gov.au for further information.
• Agent appointment, or other dealing - To make an application for the registration of any agreement, memorandum, arrangement instrument or other document or dealing related to a mineral tenement, contact  DEM.tenements@sa.gov.au for further information.
• TOR (Terms of Reference) 009 – Mining compliance reports
• MG3 – Preparing a mining compliance report
• MG12 – Mine Operations Plans
  • PM MOP checklist
• TOR 026 – Extractive mineral quarry transitional PEPRs (Program for Environmental Protection and Rehabilitation)
• TOR 032 Public liability insurance change or lapse notification.

For more resources refer to the Forms, legislation and guidance.