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Consultation on the draft mining regulations

The Stronger Partners Stronger Futures (SPSF) program was established in 2016 to review the interactions between explorers and native title groups for land access, with a focus on improving the operation of Part 9B—Native title land of the Mining Act 1971. SPSF consultation concluded in 2019 with a call for submissions on discussion papers proposing options for reforms in the key areas of interest.

A review of the Mining Act, which regulates all exploration and mining activity in South Australia, also commenced in 2016, culminating in the new Statutes Amendment (Mineral Resources) Act 2019.

Issues raised in both processes included the need for increased transparency, compliance and enforcement, and environmental management.

The Mining Act amendments drive improvements in the performance of the industry and the Department for Energy and Mining (DEM) as the regulator responsible for compliance and enforcement. They also increase timeframes in Part 9B to align with those in the Commonwealth Native Title Act 1993 – the only substantive change made to Part 9B.

Relevant documents

How you can get involved

New draft mining regulations are being developed by the department to set out in more detail how the amendments will operate and how they will be applied. The regulations will outline how the provisions of the Mining Act are applied. By law, the regulations cannot bring up new issues and topics outside the scope of the Act, and need to be written in a way that explains how the Act will operate and how the department will regulate mining in our state.

Three separately themed packages will be released for consultation between 3 August and 17 August with any submissions to be made by 11 September 2020.

  1. Land access package – access to land, exploration licences and mineral claims (release 3 August)
  2. Compliance and enforcement package – compliance and enforcement, Warden’s Court, Mining Register, royalties and finance, opal mining and competency of mining managers (released 10 August)
  3. Operating approvals package – private mines, and a consolidated mining approval covering common provisions, production tenements and operating approvals (programs for environment protection and rehabilitation) (release 17 August)

Policy and administrative amendments related to the SPSF program are included in the draft Mining Regulations. In particular, amendments to support improved access to land and operating approvals. You can comment on any number of topics of the draft regulations – it's up to you.

The department will not be seeking comment on other matters raised during SPSF until consultation on the draft Mining Regulations has concluded. Feedback to stakeholders will be provided in November 2020 with the implementation of the new Mining Act and Mining Regulations commencing in January 2021.

Next steps

The engagement and consultation program for the draft mining regulations is available on the Update on mining regulations 2020 page of this website.

From this page you can:

  • Register your interest so we can keep you up to date with the program
  • Register for any of the three webinars relevant to each package
  • Look through each package when it is released (draft regulations will be accompanied by a summary document)
  • Read the Stronger Partners Stronger Futures final report to be released as part of consultation on the draft Mining Regulations - the report includes a comprehensive discussion of all of the SPSF reform proposals
  • Watch the video on the DEM website for more information
  • Choose the topics you wish to make a submission on
  • Comment using the designated submission forms and submit your feedback by the due date (11 September 2020)

If you have any questions

Contact us if you have any questions. Online meetings can be held on request.

Andrew Moll – Principal Policy Advisor (Native Title and Engagement)
Phone: 8429 2504, mobile 0477 754 605
Email: Andrew.Moll2@sa.gov.au

Heidi Crow – Principal Policy Advisor (Aboriginal Heritage and Engagement)
Phone: 8429 2561
Email: Heidi.Crow@sa.gov.au

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