This web page provides information on the Department for Energy and Mining (DEM) process to finalise the draft mining regulations. The mining regulations are required to support the Statutes Amendment (Mineral Resources) Act 2019 (hereafter Mining Act), which was passed on 17 October 2019.
Updates
Thursday 24 December 2020
New and updated guidance material is also now available on the new Legislation and guidance page of this website. This collection will be progressively expanded and updated in 2021.
Friday 18 December 2020
The updated Mining Act 1971, Mines and Works Inspection Act 1920 and Opal Mining Act 1995, and associated regulations, commence on 1 January 2021.
The revised regulations can be downloaded from the South Australian Government Legislation website:
- Mining Regulations 2020
- Opal Mining (Mineral Resources) Variation Regulations 2020
- Mines and Works Inspection (Mine Manager) Variation Regulations 2020
- Work Health and Safety (Mine Manager) Variation Regulations 2020
Updated mining determinations and new terms of reference are available in the South Australian Government Gazette
On this page
Ministerial determinations - update
During public consultation on the draft mining regulations, there were requests for relevant ministerial determinations (determinations) to be released.
Determinations are statutory instruments that enable the Minister to make specific decisions about the regulation of exploration and mining. They fit into the legislative framework in the following way:
Public consultation on the draft mining regulations highlighted the need to provide more information about the nature and scope of determinations and other instruments outlined in the diagram above. These draft determinations are part of an ongoing review of the assessment model by the Department for Energy and Mining. They are subject to ongoing improvement and change from now until the end of the year and thereafter, as the assessment process is further improved and updated to align with the mining regulations.
Over the coming months, the regulator will continue to explain the role of determinations and the other instruments. This will include changing and simplifying the way the instruments are published and categorised. Three groups will be created:
- terms of reference
- notices, forms and templates
- mineral instructions.
Following the request for the release of determinations, the Department for Energy and Mining has been updating relevant determinations to the draft regulations which have been released in three packages.
Package three
Package two
| Document category | Document name |
| Mineral instruction | Specified types of mineral ores and concentrates, refined mineral products, industrial minerals and construction materials (PDF 156 KB) |
| Mineral instruction | Manner and form of Exploration Release Area notice (PDF 120 KB) |
| Terms of reference | Terms of reference for change in operations applications (PDF 209 KB) |
| Terms of reference | Terms of reference for mineral exploration PEPRs (PDF 277 KB) |
| Terms of reference | Terms of reference for a technical exploration report (PDF 255 KB) |
| Terms of reference | Terms of reference for mineral tenement compliance reports (PDF 285 KB) |
| Terms of reference | Terms of reference for mineral exploration compliance reports (PDF 311 KB) |
Package one
Process flow chart
Message from Hon Dan Van Holst Pellekaan, Minister for Energy and Mining
The release of the mining regulations is the final step of the South Australian Mining Act review, with the act and regulations to commence on 1 January 2021. It will increase landowner rights, improve the state’s competitiveness across both the Mining and Agricultural sectors and promote further investment in regional areas.
Register to receive updates on the draft mining regulations consultation program
Engagement and consultation program
The engagement and consultation program included:
- Draft regulations released in three separately themed packages
- Package one: Land access
- Package two: Compliance and enforcement
- Package three: Operating approvals
- Background information to support stakeholders in the writing of submissions
- Guidance materials: Key changes in the draft regulations, includes summaries of changes that were finalised in the revised Act
- Explanatory documents: Detailed description of the updated Act and draft regulations
- Supporting materials: Including draft non-regulatory documents providing an understanding of how the regulatory framework will function and DEM's existing mineral guidelines, policies and information sheets
- Three webinars providing stakeholders an opportunity to hear from the Department for Energy and Mining's technical experts and submit your questions
- Online meetings hosted by technical experts involved with the development of the draft regulations
- Two online meetings hosted by the Hon Dan van Holst Pellekaan MP, Minister for Energy and Mining
The opportunity to provide a submission on the draft mining regulations began on Monday 3 August 2020 and concluded on Friday 11 September 2020.
Mining Regulations Consultation Report
The Report provides an overview of the content of the many submissions received which enabled DEM to complete the Mining Regulations 2020.
Download the Mining Regulations Consultation Report (PDF)
Package topics and supporting information
Package one: land access | Package two: compliance and enforcement | Package three: operating approvals | |
|---|---|---|---|
| Release date | Monday 3 August 2020 | Monday 10 August 2020 | Monday 17 August 2020 |
| Explanatory video |  |  |  |
| Draft mining regulations |
| ||
| Guidance materials | |||
| Explanatory documents | |||
| Supporting documents |
|
2020 Mining regulations development process
The Mining Act
In 2016 the Department for Energy and Mining led a major review of South Australia's mining laws. Multiple engagement sessions in a variety of forums across the state helped finalise the Mining Act, with over 130 submissions considered.
- Read the Statutes Amendment (Mineral Resources) Act 2019
- Summary of key amendments to the updated Mining Act (PDF)
- More information about the Mining Act review process, including discussion papers and documents issued
The Department is now developing the mining regulations that sit beneath the revised Mining Act which will commence in January 2021.
Mining regulations
The regulations 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 DEM will regulate mining in our state.
Regulations engagement process
Engaging with stakeholders is necessary to ensure that the draft regulations carefully consider issues from a variety of viewpoints.
In August 2020, DEM released draft regulations in three packages for the public and interested groups to provide feedback via a submission form on the topics included.
How will feedback influence the final regulations?
Feedback will be collated and considered by DEM.
All public submissions will be considered. Although feedback on the regulations will not automatically be included in the final regulations, your feedback provides an opportunity to recommend and inform changes to improve the draft regulations.
Where the input aligns with the Mining Act and the DEM Strategic Direction 2018 to 2021, and is considered to improve the draft regulations towards more effective and efficient implementation of the Mining Act, DEM will consider the suggested input.
DEM will publish online updates on the draft regulations as the year progresses. To stay in touch with this project, please register your interest to receive future updates.
How you can participate?
Comments with your input on the draft regulations need to be made via the submission form which will be provided on this website and the South Australian Government's YourSAy website, an online consultation hub where you can provide feedback on consultations open across the South Australian government.
We will be directly seeking your feedback following the release of the draft regulations in August 2020. You can respond by either:
- Registering your interest to receive updates and information on the draft mining regulations and the engagement program, including reminders of when consultation on particular topics will be opening.
- When draft regulations are released, download a submission form from this website or the South Australian Government YourSAy website, fill it in and email or post the completed form to us.
Contact us
- Mining Regulations
Resource Policy and Engagement
Department for Energy and Mining
GPO Box 320
Adelaide SA 5001 - Email: DEM.MiningRegs@sa.gov.au