Leading Practice Mining Acts Review of South Australia’s Mining Laws

Consultation Process

Below is a record of what appeared on YourSAy during the open consultation process from 16 November 2016 - 31 March 2017.

This is your opportunity to contribute to shaping the future of our mineral resources and quarrying industries and have your say on improvements to our framework of mining laws. We are encouraging all South Australians to provide input into a review of the laws that guide the development of our State’s mineral resources industry.

South Australia has an international reputation in the mineral resources industry but it is vital that we continuously improve and review our regulatory environment.

On 27 September 2016 the Minister for Mineral and Energy Resources announced the Leading Practice Mining Acts Review of the Mines and Works Inspection Act 1920, the Mining Act 1971, and the Opal Mining Act 1995 with the view to introducing a bill to Parliament in mid-2017. This review will allow for the modernisation of these laws to ensure South Australia stays a leader in adopting modern and efficient practices for exploration and mining activities.

What is being discussed?

Three Leading Practice Mining Acts Review Discussion Papers have now been released on the respective Acts.

Discussion Paper on the Mines and Works Inspections Act 1920 and Regulations (PDF 2MB) has now been released for public consultation. This is the first in a series of three discussion papers to be released as part of the Leading Practice Mining Acts Review. The Mines and Works Inspection Act is now nearly 100 years old and its original intent was around the protection of property and amenity, the prevention of nuisance and the health and safety of mine workers and of the general public who may be affected by mining operations. However, the functions of this Act have now been largely replaced by more modern legislation offering far greater protections. The attached Discussion Paper discusses a number of options for reviewing this legislation. We welcome your views on these options.

You can provide your feedback on the Discussion Paper here. Comments on the paper are open until 24 February 2017.

• Mines Works Inspection Act Discussion Paper (appendices included) – FULL document (PDF 2 MB)
• Mines Works Inspection Act Discussion Paper (no appendices) (PDF 1 MB)
• Appendix A - Mines and Works Inspection Act 1920 (PDF 313 KB)
• Appendix B - Mines and Works Inspection Regulations 2013 (PDF 308 KB)
• Appendix C - Mine Manager Competency Options Paper (PDF 562 KB)

Discussion Paper on the Mining Act 1971 and Regulations (PDF 9.2 MB) has now been released for public consultation. This is the second in a series of three discussion papers to be released as part of the Leading Practice Mining Acts Review. The Mining Act 1971 is the central piece of legislation that regulates exploration, mining and quarrying in South Australia. The Act has not been holistically reviewed since 1971. Since that time, rapid technological advances have meant that the industry practices have become far more modern, safe, sustainable and efficient – and community expectations around mining and quarrying (such as expectations around open community engagement) have vastly changed. The attached Discussion Paper initiates a discussion about the objectives and processes of the Mining Act and Regulations so that we can identify ways of updating and improving regulatory processes, without compromising on their effectiveness and efficiency. We welcome your views on these options.

You can provide your feedback on the Discussion Paper here. Comments on the paper are open until 24 February 2017.

Discussion Paper on the Opal Mining Act 1995 and Regulations (PDF 3.4MB) has now been released for public consultation. This is the third in a series of of three discussion papers to be released as part of the Leading Practice Mining Acts Review.

Opal mining is an important and unique South Australian industry. More than 95% of the world’s opal now comes from Australia, and approximately 50% of that production comes from South Australian opal fields. The Act and the Regulations came into operation on 21 April 1997. Prior to that, opal mining in South Australia was regulated under Part 7 of the Mining Act 1971. Only minor amendments have been made to the Act since it commenced. Recent consultation with the Regulation Branch, Department of State Development and opal mining associations has identified that some further amendments to the Act would enhance transparency and increase regulatory efficiency. Any amendments identified throughout the Review should improve the Act’s ability to balance the various competing interests and priorities around opal mining, and increase community confidence in both the industry and regulatory process.

You can provide your feedback on the Discussion Paper here. Comments on the paper are open until 24 February 2017.

How can you get involved?

You are invited to comment on the Discussion Papers and to share this opportunity with your communities, colleagues and networks.

The documents are available through the links below and on the DSD-MER website.

Further information on the Leading Practice Review of South Australia's mining laws can be downloaded from the DSD-MER website.

You can get involved by:

• visiting the Minerals website: minerals.statedevelopment.sa.gov.au
• emailing your feedback and submissions to DSD.miningactreview@sa.gov.au
• posting your submission to: Department of State Development, Mineral Resources, GPO Box 320 Adelaide, 5001.
• attending one of the drop-in sessions:

We will also be available to talk with you at the Grain Producers SA meetings:

For more information refer to the minerals website or contact the Department of State Development on 8463 3000.

Because the Department intends to proactively engage with as many community members and stakeholders through as many forums as possible (e.g. the DSD website, written submissions, public forums and meetings, yourSAy, direct meetings with key stakeholders) the Department intends to consider, and transparently publish, relevant comments from this site. For this reason, all comments should be able to be clearly attributed to a person or organisation (the same standard placed on everyone making written submissions during consultation). Anonymous, unattributable or irrelevant comments may be removed if they can’t be verified. This will make sure everyone gets a fair hearing, and we encourage everyone to get involved and make a formal written submission.

Want to know more?

• Download the following documents:
  • Mines and Works Inspection Act 1920 (PDF 88KB).
  • Mines and Works Inspection Regulations 2013 (PDF 114KB).
  • Mining Act 1971 (PDF 619KB).
  • Mining Regulations 2011 (PDF 289KB).
  • Opal Mining Act 1995 (PDF 296KB).
  • Opal Mining Regulations 2012 (PDF 358KB).
• View Minister Koutsantonis’ media release.
• Visit the Minerals website: minerals.statedevelopment.sa.gov.au.
• Email us via DSD.miningactreview@sa.gov.au.
• Phone us on 08 8463 3000.
• Follow us on Twitter @StateDevSA