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Update on Mining Regulations 2020

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.

In response to guidelines to contain the spread of the COVID-19 virus, engagement and consultation will focus on digital delivery, using tools such as videos, webinars and online meetings. These online channels will enable DEM to obtain input via submissions on the draft regulations while maintaining health protocols currently in force.

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Register to receive updates on the draft mining regulations consultation program

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Engagement and consultation program

The engagement and consultation program will include:

  • Draft regulations to be 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
  • Three webinars providing stakeholders an opportunity to hear from the Department for Energy and Mining's technical experts and submit your questions
  • 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 will begin on Monday 3 August 2020 and on Friday 11 September 2020.

Note: Stakeholders will be able provide one submission per package, or one submission covering all three packages.

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Topics, webinars and consultation dates

Theme and topics Consultation period opensWebinar date and registration Consultation period ends

Land access

  • Access to land
  • Exploration licences
  • Mineral claims
3 August 2020

Tuesday 4 August, 2:00 PM to 3:30 PM

11 September 2020

Compliance and enforcement

  • Compliance and enforcement
  • Warden's Court
  • Mining Register
  • Royalties and finance
  • Competency of mine managers
  • Opal mining
10 August 2020

Tuesday 11 August, 2:00 PM to 3:30 PM

11 September 2020

Operating approvals

  • Private mines
  • Consolidated mining approval made up of topics on common provisions, production tenements, and operating approvals
17 August 2020

Tuesday 18 August, 2:00 PM to 3:30 PM

11 September 2020

Hear from the Minister

The Hon Dan van Holst Pellekaan MP, Minister for Energy and Mining will hold two online information sessions:

  • Session 1: overview of the draft mining regulations and your opportunities to make a submission
    Monday 3 August 2:00 PM to 2:30 PM
    Register for session 1
  • Session 2: update and discussion of some of the themes that came from the consultation period
    Monday 14 September 2:00 PM to 2:30 PM
    Register for session 2

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Making a submission on the draft regulations

The consultation period will be seeking input on the draft regulations required to support the Statutes Amendment (Mineral Resources) Act 2019 (hereafter Mining Act).

Note that submissions on the draft mining regulations need to be on the draft mining regulations.

After receiving submissions from interested people on the draft regulations, the Department will carefully consider any refinements on the drafted regulation before their completion.

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2020 Mining regulations development process

Process flow chart

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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.

The Department is now finalising mining regulations that sit beneath the revised Mining Act which will commence in January 2021.

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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 will release draft regulations in three packages, allowing four weeks per package for the public and interested groups to provide feedback on the topics included. You can comment on all, or just one or more, specific topics of the draft regulations - it's up to you.

How will your feedback influence the final regulations?

Feedback will be collated and considered by DEM and regularly reported back to interested people and groups on the key themes and input received.

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 Submission Form
    Resource Policy and Engagement
    Department for Energy and Mining
    GPO Box 320 
    Adelaide SA 5001
  • Email: DEM.MiningRegs@sa.gov.au

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