LANDOWNER

FREQUENTLY ASKED QUESTIONS

about mineral exploration in South Australia

February 2013

Mineral Resources Division

Department for Manufacturing,

Innovation, Trade,
Resources and Energy
 Department for Manufacturing,
Innovation, Trade, Resources and Energy

Mineral Resources Division

Department for Manufacturing, Innovation, Trade, Resources and Energy
Level 7, 101 Grenfell Street, Adelaide
GPO Box 1264, Adelaide SA 5001

Phone +61 8 8463 3000

Email Resources.CustomerServices@sa.gov.au
www.minerals.dmitre.sa.gov.au
www.sarig.dmitre.sa.gov.au

Earth Resources Information Sheet 54

This information sheet is also available on the DMITRE minerals website (see above).

Inquiries

Melissa Muller
Principal Policy Adviser
Email: Melissa.Muller@sa.gov.au

© Government of South Australia 2013

This work is copyright. Apart from any use as permitted under the Copyright Act 1968 (Cwlth), no part may be reproduced by any
process without prior written permission from the Government of South Australia available through the Department for Manufacturing,
Innovation, Trade, Resources and Energy (DMITRE). Requests and inquiries concerning reproduction and rights should be addressed to
the Deputy Chief Executive, Resources and Energy, DMITRE, GPO Box 1264, Adelaide SA 5001.

Disclaimer

The contents of this report are for general information only and are not intended as professional advice, and the Department for
Manufacturing, Innovation, Trade, Resources and Energy (and the Government of South Australia) make no representation, express or
implied, as to the accuracy, reliability or completeness of the information contained in this report or as to the suitability of the information
for any particular purpose. Use of or reliance upon the information contained in this report is at the sole risk of the user in all things
and the Department for Manufacturing, Innovation, Trade, Resources and Energy (and the Government of South Australia) disclaim any
responsibility for that use or reliance and any liability to the user.

Alternative formats

This publication is available in other formats, including translation on request. Direct requests to the Mineral Resources Division.

Preferred way to cite this publication

Department for Manufacturing, Innovation, Trade, Resources and Energy 2012. Landowner frequently asked questions for mineral
exploration in South Australia. Earth Resources Information Sheet 54, Mineral Resources Division. Department for Manufacturing,
Innovation, Trade, Resources and Energy.

DMITRE Resources Information

February 2013

204345

Revision history
Version Date Comment
1.0 2013 Released February 2013
Contents
Introduction ...................................................................................................................................................................4

General information ....................................................................................................................................................4

Entry on land ..................................................................................................................................................................6

Declared equipment ...................................................................................................................................................9

Exempt land and waiver of exemption ............................................................................................................. 10

Compensation ............................................................................................................................................................ 12

Exploration operations ............................................................................................................................................ 13

Regulation and compliance .................................................................................................................................. 17

Miscellaneous ............................................................................................................................................................. 19

Further information .................................................................................................................................................. 19

Glossary ........................................................................................................................................................................ 20

LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia 1

 Birdsville
(
!

Amata
(
!

Oodnadatta
(
!

Innamincka
(
!

Coober Pedy
(
!

Marree
(
!

Andamooka
(
!
Leigh Creek
Cook Tarcoola (
!
(
! (
!

Woomera
(
!

Eucla
(
! Hawker
(
!
Ceduna Broken Hill
(
! (
!

Quorn
(
!
Port Augusta (
!

Orroroo
(
!
Streaky Bay (
!

Wudinna Whyalla (
!
(
! (
!
(
! Peterborough
(
!
Kimba Port Pirie

Cleve Burra
(
! (
!

Kadina (
!
(
! Clare

Tumby Bay
(
!

Port Lincoln
(
!

Yorketown Adelaide
(
!
(
!
Murray Bridge
(
!

(
!
Kingscote Pinnaroo
(
!
(
!
Victor
Harbor
Keith
(
!
Bordertown
(
! Nhill
(
!

Horsham
Kingston SE (
! (
!
Naracoorte
(
!

Penola !(
(
!
Millicent
Mount Gambier (
! Hamilton (
!

(
!

Portland

Approximately 46% of South Australia is covered by mineral exploration licences as at February

2013. This map is available through SARIG www.sarig.dmitre.sa.gov.au.

2 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia

 Birdsville
(
!

Amata
(
!

Oodnadatta
(
!

Innamincka
(
!

Coober Pedy
(
!

Marree
(
!

Andamooka
(
!
Cook Tarcoola (
! Leigh Creek
(
! (
!

Woomera
(
!

Eucla
(
! Hawker
(
!
Ceduna Broken Hill
(
! (
!

Quorn
(
!
Port Augusta (
!

Orroroo
(
! Streaky Bay (
!

Wudinna
(
! Kimba (
!
Whyalla
(
!
(
! Peterborough
(
!
Port Pirie

Cleve
(
! Burra !(
Kadina (
!
(
! Clare

(
! Tumby Bay

(
!
Port Lincoln
Yorketown
(
! Adelaide !(
(
! Murray Bridge
(
!
Pinnaroo
(
!
(
!
Kingscote Victor
Harbor
Keith
(
!
Bordertown
(
! Nhill
(
!

Kingston SE (
!
Horsham (
!
Naracoorte
(
!

Penola
(
!

Millicent (
!

Mount Gambier (
! Hamilton (
!

(
!

Portland

Approximately 0.1% of South Australia is covered by mining leases as at February 2013. This map
is available through SARIG www.sarig.dmitre.sa.gov.au.

LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia 3

Introduction
These Frequently Asked Questions have
been developed to provide you as a
landowner with a useful reference when
dealing with mineral explorers who are
seeking to access your land to undertake
exploration activities on an approved
Exploration Licence.
The Frequently Asked Questions are
intended to provide general information
and are not intended to be exhaustive or a
substitute for legal advice.
If you have further questions in relation
to the access to your land by explorers
you should contact DMITRE Resource
Information Centre on 08 8463 3000 or visit
the DMITRE website www.minerals.dmitre.
sa.gov.au.
General information
Do I own the minerals on my land?
Minerals are the property of the Crown
in South Australia and are managed on
behalf of all South Australians. Access
to the minerals is controlled through
the Mining Act 1971 and the Mining
Regulations 2011 which establish a strict
regulatory framework for access to land,
environmental management, and the
payment of fees and mineral royalty.
What is the definition of ‘minerals’?
Under the Mining Act, minerals include
any deposit of metal or metalliferous ore,
for example iron ore, copper, gold, silver,
uranium, graphite.
The Mining Act also regulates what are
known as ‘extractive minerals’, which include
sand, gravel, shell, stone, shale and clay.
What are the Mining Act and the Mining
Regulations?
The Mining Act and Mining Regulations
set out the process and requirements to be
4 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
undertaken by those seeking government
approval to prospect, explore or mine in
South Australia.
The Mining Act and Mining Regulations
contain provisions related to entry on land,
compensation, applications, proposals,
environmental protection, rehabilitation,
authorisation to conduct exploration and/
or mining and payment of royalties.
Who is DMITRE?
The Department for Manufacturing,
Innovation, Trade, Resources and
Energy (DMITRE) is the South Australian
Government’s key agency for driving
economic prosperity in this State.
The Mineral Resources Division within
DMITRE is responsible for administering
and regulating the State’s mineral
resources under the Mining Act and
Mining Regulations. DMITRE is committed
to ensuring that the State’s resources are
mined in a way that balances best practice
environmental management, economics,
good science, land access and stakeholder
engagement.
DMITRE brochure Setting the framework for
best practice regulation outlines DMITRE’s
contemporary framework for regulating
all activities under the Mining Act www.
pir.sa.gov.au/minerals/licensing_and_
regulation/legislation/regulating_mineral_
exploration_and_mining_in_south_australia.
What if I want to mine a mineral deposit?
Any person wishing to prospect, explore or
mine for minerals in South Australia must
be authorised under the Mining Act.
However, if you are the landowner you
may use ‘extractive minerals’ (such as sand,
gravel, stone) located on your property
for personal use on your property. This
material cannot be sold or used outside
your property unless you have the relevant
approval under the Mining Act.
What is the difference between
exploration and mining?
Exploration is the term used to describe a
wide range of activities aimed at searching
for minerals or determining the extent of
a mineral discovery or deposit. It includes
activities such as soil and rock chip
sampling, geophysical surveys, airborne
surveys and drilling under an exploration
licence.
Mining is the term used to describe the
recovery of minerals and includes the
extraction and processing of the minerals
under a mining lease.
Both mining and exploration require a
Program for Environment Protection and
Rehabilitation (PEPR).
Mining does not include fossicking or the
surface removal of loose rock material
disturbed by agricultural operations.
Contact the Resource Information Centre
on 08 8463 3000 or go to www.minerals.
dmitre.sa.gov.au for information on
fossicking.
How do I know if there is an exploration
licence on my land?
Information in relation to the location of
exploration and mining in South Australia
is available from the DMITRE website via a
link to an online system called SARIG (www.
sarig.dmitre.sa.gov.au). This is a free service.
SARIG is a mapping system that enables
you to locate your land using lands titles
information. Once you have identified your
land you can then find out what tenements
(exploration or mining) exist over that
land and further details such as the holder
information and the grant and expiry dates
of these tenements. The information that is
available from SARIG comes directly from
the Mining Register.
Alternatively, you may request a search
of the Mining Register through Mineral
LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
Tenements. There is a fee payable for the
information provided.
As one of the ways of ensuring stakeholders
are aware of exploration in their area
DMITRE publishes (in local and regional
newspapers and on the DMITRE website)
public notices advising that the Minister
intends to grant an exploration licence in
the area described in the notice.
This notice is not an invitation to comment
on the grant of the exploration licence;
however, if you see a notice in the Advertiser
or local paper for which you would like
further information please refer to www.
minerals.dmitre.sa.gov.au or contact the
phone number on the notice.
If there is an exploration licence over my
property does that mean there will be a
mine there in the future?
Not necessarily. A range of exploration
operations, from low impact through
to advanced exploration activities, may
be undertaken to determine if a mineral
resource exists.
If an explorer finds a resource which they
believe can be developed into a viable
mining operation they require a separate
approval under the Mining Act. This
involves a rigorous and comprehensive
assessment including formal consultation
with the relevant stakeholders.
It can take many years to undertake the
required scientific studies to progress
from exploration through to mining. This
requires an understanding of the impacts
a mine will have on the environment
and how the impacts will be managed
during and after mining, before any formal
applications can be lodged.
How do I access information on
exploration licences?
Information on exploration licences such
as the holder of the exploration licence, the
5
location, the grant and expiry date of the
exploration licence and the target minerals
sought can be accessed by requesting a
tenement search of the Mining Register.
There is a fee payable for accessing the
information.
You may access information online via
SARIG www.sarig.dmitre.sa.gov.au. This
is a free service. Assistance in using
SARIG is available from DMITRE Resource
Information Centre.
Entry on land
Who is the landowner?
The Mining Act defines the landowner to
be:
• the freehold landowner
• the pastoral lessee
• the perpetual lease holder
• the native title claimant
• the native title holder
• a person who is lawfully in occupation,
which includes a sub-lessee
• the crown lease holder in care and
control of the land (e.g. a conservation
park).
Will exploration operations affect my land
or my ability to run my property?
As a landowner you have rights in relation
to an explorer entering your land. Refer to
‘What is a notice of entry’, this page.
6 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
Potential impacts to you will depend on
the type of exploration activity conducted
and the duration and size of the program.
The exploration company must ensure
that the operations have minimal impact,
or interfere as little as possible, with other
activities on the land.
If an explorer wishes to conduct exploration
activities on your land, the explorer must
notify you and provide you with adequate
information so that you can determine and
advise the explorer of the level of impact
the proposed activities will have on your
property/business.
If the proposed exploration activities are
likely to have an impact on your ability to
run the property, you may negotiate access
and compensation requirements with the
explorer. This is explained in more detail in
the compensation section of this document
(see page 12).
What does an explorer have to do to enter
my land?
Before entering the explorer must either:
• issue you with a form called a ‘Notice
of entry’, and then wait 21 days before
entering your land, or
• negotiate an agreement with you that
includes the conditions of entry.
DMITRE Minerals Regulatory Guideline
MG4, Landowner rights and access
arrangements in relation to mineral
exploration and mining in South Australia
advises that explorers should develop a
relationship with landowners before the
negotiation of an agreement or the service
of notice of entry.
What is a notice of entry?
A ‘Notice of entry’ is an official form under
the Mining Act. The notice of entry is
intended to provide you with information
about the proposed entry to your land
including the location, timing and extent
of the proposed exploration or mining
activities to ensure that you as the
landowner can make informed decisions
regarding entry to your land.
For information about objection to a notice
of entry see ‘How do I object to a notice of
entry?’, page 8.
What do I do once I have received a notice
of entry?
You should review the notice carefully.
a) If you are agreeable to the proposed
exploration activities described on
the notice, no action is required. The
explorer must wait 21 days after the
date of serving the notice before
entering your land. You should retain
the notice for your records.
b) If you require further information about
the proposed exploration, you should
contact the explorer via the person
named in Section B of the notice.
c) You may negotiate specific conditions
to entry on your land (such as the
timing or location of exploration) by
entering into an agreement with the
explorer. An agreement is instead of
a notice of entry but it must meet the
requirements outlined in the Mining
Regulations.
d) As a freehold or perpetual
leasehold landowner you have
the right to object to entry on the
land under section 58A of the Act
(see ‘How do I object to a notice of
entry?’, page 8).
If you feel that the proposed exploration
may cause you economic loss, hardship
or inconvenience, you may be entitled
to seek compensation from the explorer
under section 61 of the Mining Act (see
‘Compensation’, page 12).
LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
Some land is exempt from exploration
operations under section 9 of the Mining
Act (see ‘Exempt land and waiver of
exemption’, page 10).
Do I have a say in when explorers can
enter my land?
Yes, you can have a say and you may
negotiate a Land Access Agreement for
entry with the explorer. This agreement
may specify terms such as when the
explorer can enter, how the explorer
communicates with you and any other
matters that are important to you.
If you have reached an agreement the terms
of the agreement are binding between you
and the explorer.
If a Land Access Agreement cannot be
reached then the explorer may serve a
notice of entry on you. If you are a freehold
or perpetual leasehold landowner you have
the right to object to the explorer entering
in court.
What should be in a Land Access
Agreement?
The Land Access Agreement must be a
written document signed by the landowner
and the explorer. This document may
be drafted by a lawyer, the explorer, the
landowner or a combination.
A Land Access Agreement should contain
specific conditions that have been
negotiated and agreed to by both parties,
for example timing of entry or how the
explorer communicates with you.
A Land Access Agreement for entry may
be negotiated before or after service of
a notice of entry. By negotiating and
signing a Land Access Agreement you no
longer have the right to object to entry
in accordance with the terms of your
agreement.
7
How do I object to a notice of entry?
After a notice of entry is served on you, the
explorer must wait 21 days before entering
your land.
If you hold the land under freehold title or
perpetual lease, you have the right to object
to entry on your land by lodging a notice of
objection in the Warden’s Court. You have
3 months after service of the notice of entry
to formally object in the Warden’s Court to
the explorer entering your land.
After the explorer has waited 21 days they
may enter the land unless you have lodged
an objection to the notice of entry with the
Warden’s Court and the Warden’s Court has
stopped the explorer from entering.
To lodge your objection you must complete
a form from the Warden’s Court called a
‘plaint note’. On the plaint note you must
state why you are objecting to entry on the
land by the explorer. You then lodge the
plaint note with the Warden’s Court along
with payment of a small fee.
Further information about lodging an
objection in the Warden’s Court is available
from Mineral Tenements staff within
DMITRE.
If the court is satisfied that the proposed
exploration would be likely to result in
substantial hardship or substantial damage
to the land, the court may –
• determine that the land, or a particular
part of the land, should not be used
by the explorer for the purpose of
exploration; or
• determine conditions on which
exploration may be carried out on the
land by the explorer with least detriment
to the interest of the owner and least
damage to the land; and
• the court may also determine the
appropriate level of compensation to be
paid.
8 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
Can I talk with other property owners
about the detail of the Land Access
Agreement for exploration activities on
my property?
This will depend on what conditions are in
your Land Access Agreement.
If you require further information contact
DMITRE (see page 19).
What is the Warden’s Court?
The Warden’s Court is established to deal
with matters related to the Mining Act.
The Warden’s Court hears matters such
as objection to notice of entry, forfeiture
applications and compensation where it is
not more than $250 000.
You do not need to have legal
representation and if you cannot travel
to Adelaide you can attend court via a
telephone conference. A representative
from DMITRE attends all Warden’s Court
hearings to assist the court, usually by
providing information regarding the
exploration licence.
How long is a notice of entry or Land
Access Agreement valid?
The notice of entry remains valid for the
duration of the exploration activities
described in the notice. A Land Access
Agreement remains valid for the term of the
agreement.
However, if the explorer does not enter
within 12 months of the date of serving
the notice of entry or the commencement
date of an agreement, the notice of entry or
agreement lapses (this does not prevent the
explorer serving a new notice of entry or
negotiating a new agreement).
What happens to a notice of entry
when the land is sold and there is a new
landowner?
The notice of entry applies to the land and
continues until the exploration described in
the notice is completed.
When selling land the landowner should • drilling equipment (mechanically driven
disclose any notices or agreements that that is capable of drilling to depths
apply to exploration activities on the land. greater than 2.5 m below the ground)
• mechanically driven equipment with a
What happens to a Land Access blade or bucket with a width exceeding
Agreement if there is a transfer in land 750 mm
ownership?
• equipment that is capable of digging,
A Land Access Agreement that has boring or tunnelling underground with
been negotiated for specific exploration a cross sectional dimension greater than
continues to have effect until the 750 mm.
exploration activities agreed to are
completed, despite any change in the land
ownership.

What happens if either party does not

comply with the land access agreement or
other conditions of access?
This is a private arrangement between
the landowner and the explorer. Where a
dispute arises and cannot be resolved the
matter may be referred to the appropriate
court.

Do I have the right to ask for identification

from people entering my property to
undertake exploration activities?
Yes. The Mining Act stipulates that you
may request proof of name and the contact
address of any person entering your
property to conduct exploration activities.

Declared equipment
What is a ‘Notice of use of declared
equipment’?
A ‘Notice of use of declared equipment’
is an official form under the Mining Act.
If an explorer intends to use declared
equipment, such as earthmoving or drilling
equipment, the explorer must issue you
with a notice of use of declared equipment
form or negotiate an agreement with you to
use the equipment.
What is ‘declared equipment’?
Declared equipment means –
• a trench digger or excavator
What do I do if I have received a notice of
use of declared equipment?
You should review the notice carefully.
a) If you are agreeable to the use of
declared equipment described on
the notice, no action is required.
The explorer must wait 21 days after
serving the notice before using the
equipment. You should retain this
notice for your records.
b) If you require further information
about the use of declared equipment,

LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia 9

 contact the explorer via the person
named in Section B of the notice.
c) You may negotiate specific conditions
for the use of declared equipment
(such as the timing or location of use)
by entering into an agreement with
the explorer, this could be included in
your Land Access Agreement.
d) All owners of land may have the
right to object to use of declared
equipment under section 59 of the
Mining Act (see ‘How do I object to a
Notice of use of declared equipment?’,
this page).
If you feel that the use of declared
equipment may cause you loss, hardship
or damage to land, you may be entitled
to seek compensation from the explorer
under section 61 of the Mining Act (see
‘Compensation’ page 12).
How do I object to a notice of use of
declared equipment?
As the owner of land you have the right to
object to the use of declared equipment on
your land by lodging a notice of objection
in the Warden’s Court. You must lodge your
objection with the Warden’s Court within
3 months of receiving the notice of use of
declared equipment.
To lodge your objection you must complete
a form from the Warden’s Court called a
‘plaint note’. You lodge the plaint note with
the Warden’s Court along with a payment of
$46 (this may be subject to change).
In the proceedings for the objection you
must establish that the use of the declared
equipment would likely result in severe or
unjustified hardship or substantial damage
to the land.
Further information about lodging
an objection is available from Mineral
Tenements staff within DMITRE.
10 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
The Warden’s Court may determine that
the declared equipment should not be
used in the course of mining operations
or determine conditions for the use of
declared equipment on the land.
Exempt land and waiver of
exemption
What is exempt land?
Under the Mining Act certain land is exempt
from exploration or mining and cannot be
explored or mined without permission from
you as the landholder or the court. If your
land is exempt according to the following
categories, the explorer cannot explore on
your land unless you waive the exemption.
Exempt land categories
Land that is lawfully and genuinely used –
• as a yard, garden, cultivated field,
plantation, orchard or vineyard;
• as an airfield, railway or tramway;
• as the grounds of a church, chapel,
school, hospital or institution; or
Land that constitutes any parklands or
recreation grounds under the control of a
council.
Land that is –
• dedicated or reserved, pursuant to
statute, for the purpose of waterworks; or
• vested in the Minister of Public Works for
the purpose of waterworks; or
• comprised within an easement in favour
of the Minister of Public Works; or
Land that constitutes a forest reserve under
the Forestry Act 1950; or
Any separate parcel of land of less than
2000 square metres within any city, town or
township; or
Land that is situated –
• within 400 metres of a building or
structure used as a place of residence; or
• within 150 metres of –
 – a building or structure, with a value of
$200 or more, used for an industrial or
commercial purpose; or
– a spring, well, reservoir or dam.
My land is classed exempt under the
exempt land categories, what does this
mean?
Where land is exempt, exploration and
mining cannot commence unless the
exemption has been waived by the
landowner or the court. The explorer may
seek to negotiate with you to waive the
exemption to gain access to the exempt
land.
Your land is considered exempt land
even if the exploration is not on your
land (for example the exploration is on
a neighbouring property, but within
400 metres of your home).
How do I waive my exemption?
The explorer must serve a ‘Waiver of
exemption – Request’ form to you as the
landowner.
Once you have received the Waiver of
exemption – Request form, the explorer
that served the form will contact you to
negotiate with you to waive the exemption.
If you agree to waive your exemption, you
can complete the ‘Waiver of exemption –
Agreement’ form or negotiate and sign a
LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
written agreement with the explorer. You
are entitled to negotiate compensation for
waiving the exempt land.
What should I consider when negotiating
to waive an exemption?
Things that you should consider when
negotiating to waive an exemption include:
• The size, duration and type of
exploration proposed
• Start and end dates of the Waiver of
exemption agreement
• Compensation rates
• Any specific requirements relating to
your land and business (e.g. gate entry
practices, etc.)
• level and manner of rehabilitation.
You should take the time to read
information provided by the explorer and
ask questions if you do not understand the
information, or if you would like further
information.
The explorer is required to serve the ‘Waiver
of exemption – Request’ form to you as
the landowner. This form is available from
the DMITRE website www.minerals.dmitre.
sa.gov.au.
Where compensation is payable you
should negotiate the amount as a part
of your agreement. Refer to ‘How much
compensation am I entitled to?’, page 13.
What if I don’t want to waive the exempt
status of my land?
If you cannot reach an agreement with
the explorer to waive the exemption, the
explorer may apply to the Environment,
Resources and Development Court (ERD
Court) for an order waiving the exemption.
If the ERD Court is satisfied that the effects
from the exploration activities can be
addressed by imposing conditions on the
explorer, the Court may make an order
waiving the exemption. An order will
11
authorise the explorer to enter the land
to conduct exploration and they may be
subject to certain conditions and payment
of compensation.
What is the Environment, Resources and
Development Court?
The ERD Court is a specialist court
dealing with disputes and enforcement
of laws relating to the development and
management of land, the natural and built
environment and natural resources.
Many people who appear in the ERD Court
are self represented and if they cannot
travel to Adelaide they can attend court via
a telephone conference. You may prefer to
be represented by a lawyer (at your own
cost).
A representative from DMITRE attends all
ERD Court hearings to provide information
to the court if required.
What are the ERD Court costs?
In most instances, as it will be the explorer
who initiates action in the ERD Court, they
will pay the lodgement fee. The lodgement
fee is currently $205.
The cost to landowners includes legal fees if
legal representation is used, time it takes to
attend court and travel costs.
Should I seek legal advice regarding
waiving my exempt land?
It is your decision whether to seek legal
advice before waiving the exempt status of
your land. Should you choose to seek legal
advice you are entitled to receive up to
$500 from the explorer to cover the costs of
legal fees.
This is only available where the explorer has
served a ‘Waiver of exemption – Request’.
You must provide a copy of an account
for the legal services or other reasonable
12 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
evidence to the explorer in order to claim
the costs.
Where can I get legal advice?
The Law Society of South Australia provides
a referral service to direct you to legal
practitioners who can provide you with
legal advice. You may contact the Law
Society of South Australia by telephone
(08 8229 0222) or online at
www.lawsocietysa.asn.au.
What if the previous owner signed an open
ended waiver?
A waiver transfers with the ownership of
land and the conditions negotiated at the
time of the original waiver will continue
to apply. There is always opportunity to
further negotiate with the explorer.
The explorer wants me to sign a Land
Access Agreement or waiver by a certain
date, do I have to comply?
No. As a landowner you are entitled to have
time to consider any proposal to explore on
your land and you should be comfortable
with the conditions of that agreement
before you sign.
However, the explorer has the right to
lodge an application with the relevant
court if access to the property cannot be
negotiated.
Compensation
Am I entitled to compensation for
exploration on my land?
As the landowner, if the conduct of
exploration on your land will cause you
economic loss, hardship or inconvenience
you may be entitled to compensation.
You may negotiate a compensation amount
with the explorer. If you are not able to
agree on payment of compensation, you
or the explorer can apply to the Warden’s
Court or ERD Court to determine the mining activities. Any person wishing to
compensation amount. prospect, explore or mine for minerals in
vegetation heritage agreement areas must
Compensation up to $250 000 may be dealt obtain the appropriate authorisation under
with in the Warden’s Court, anything over the Mining Act.
that amount must be dealt with in the ERD
Court. What environmental features are
expected to be addressed by the explorer
How much compensation am I entitled to? before exploration commences?
The amount of compensation payable Environmental features that may need to be
depends on your set of circumstances. addressed include:
• Dust
When negotiating the compensation amount
• Noise
you may wish to consider factors including:
• Soil management
• the potential impact to your land from
the proposed exploration activities • Weeds and pests
• any loss of productivity or profits • Impacts to flora and fauna including
resulting from the conduct of proposed protected and endangered species
exploration activities • Rehabilitation
• reasonable costs incurred by you related • Water – ground water and surface water
to the explorer accessing your land • Land use
• reasonable costs incurred by you in • Heritage
negotiating compensation.

What if the explorer and I cannot agree on

a compensation amount?
If you and the explorer cannot come to an
agreement on the compensation amount,
either party may apply to the Warden’s
Court (for amounts up to $250 000) or
the ERD Court (for amounts exceeding
$250 000) for an order in relation to
compensation.

When determining the appropriate level of

compensation the court is likely to take into
consideration the points outlined in ‘How
much compensation am I entitled to?’, this
page.
Exploration operations
How can exploration be conducted in
Native Vegetation Heritage Agreement
areas?
Native vegetation heritage agreement
areas are not exempt from exploration and
The management of these and other
relevant environmental features are
expected to be addressed in a document
called a Program for Environment
Protection and Rehabilitation (PEPR) which
is the operational plan required by DMITRE
prior to conducting on-ground exploration.
Further information on approval
requirements for a PEPR can be found on
page 16 ‘What is the government licencing
process that enables an explorer to
undertake exploration?’.

LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia 13


How is water used in exploration?
Water can be used in a variety of ways when
exploring for minerals, including:
• Drilling – lubrication and cooling of drill
bits and transport of rock chips to the
surface.
• Dust suppression – application of water
to lower dust levels.
• Water supply for drinking, toilet and
shower facilities.
In areas where groundwater is allocated for
usage, explorers must obtain the relevant
permits (drill permits and bores for water
extraction) and approvals to support
their activities from the Department for
Environment Water and Natural Resources
(DEWNR).
14 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
What are exploration activities?
Exploration activities fall into two
categories – Low Impact and Advanced
Exploration.
Most low impact exploration is conducted
under the provisions of the determined
Generic Program for Environment
Protection and Rehabilitation (Generic
PEPR).
Low Impact Exploration includes:
• Reconnaissance — visit to a proposed
exploration area to better understand
the environmental conditions, how best
to access the area, pegging drill hole
locations, etc.)
• Cultural clearance surveys — walking,
driving or flying across land with
traditional owners to identify areas of
cultural significance.
• Sampling of soil and rocks — this
generally involves the collection of a
small sample (generally no more than
5 kg) for the purpose of analysing the
composition of the material – this
involves walking or driving (e.g. 4WD
quad bikes) across the land to collect a
sample by using a pick, shovel, sledge
hammer, hand held auger, etc.
• Geological mapping — this generally
involves walking over and driving to
 rock outcrops to identify and map the
geology of the area.

• Geochemical surveys — a survey

involving the chemical analysis of
methodically collected samples of rock,
soil, stream sediments, plants or water.
These are collected in the same manner
as rock and soil samples.

• All geophysical surveys, excluding

seismic, is the collection of geophysical
(e.g. density, magnetic, conductivity,
radiological properties) data for spatial
studies. A variety of instruments can be
used to collect the data. These may be
carried by hand or vehicle.

• Biochemical sampling — the collection

of plant material for chemical analysis,
generally involving walking or driving
(e.g. 4WD quad bike) across the area.

• Small exploration camps — may be

comprised of caravans, tents and small
generators for up to 5 people for 1
month or less.

Advanced Exploration requires additional Advanced Exploration includes:

approval through a specific Program for • Activities requiring the use of
Environment Protection and Rehabilitation earthmoving and drilling equipment
(PEPR) prior to commencement. (Declared equipment)

LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia 15


• Seismic surveys — are carried out using
specially designed trucks which vibrate
the earth with a metal plate. The energy
from these vibrations travels down
through the earth and is reflected back
to the surface from various geological
layers. On the surface the sound waves
are recorded by extremely sensitive
detectors (geophones) placed in the
ground.
• Moderate to large exploration camps —
may be comprised of shipping containers,
kitchen facilities, ablution blocks,
generators, water and fuel storage tanks
and car parking areas for more than 5
people for longer than one month — e.g.
a camp catering for 100 people.
What is the government licencing process
that enables an explorer to undertake
exploration?
In order to undertake exploration on a
piece of land an explorer must have an
exploration licence which gives them the
authority to explore that area.
To obtain an exploration licence an explorer
must lodge an application with DMITRE
defining the area they want to explore,
the minerals, conceptual exploration plan
and provide evidence that they have the
financial and technical capabilities to
explore.
16 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
DMITRE will assess an exploration licence
application against the legislation,
policies and guidelines and determine the
conditions that must be complied with
upon grant of the exploration licence.
Then the explorer may conduct low impact
exploration in accordance with the Generic
PEPR.
To undertake advanced exploration, the
explorer must submit an application (called
a Program for Environment Protection
and Rehabilitation – PEPR) which includes
detailed information on:
• the proposed exploration activities
• the environment where the activities will
be conducted
• any risks and impacts to the environment
resulting from the proposed activities
• management strategies to avoid/reduce
impacts to the environment, and
• how impacts to the environment will be
rehabilitated.
What does DMITRE consider when
approving an exploration program
(PEPR)?
When assessing a proposal from an explorer
DMITRE decides if the information provided
is accurate, and if all credible risks and
impacts to the environment have been
identified and adequately addressed.
Approval will only be granted by DMITRE
if the management and rehabilitation
methods proposed by the explorer are
considered to be adequate to protect the
environment.
How do I know what approvals have been
given? Can I get a copy of the approval?
An explorer’s PEPR is currently not available
to the public.
You may ask the explorer for a copy of their
approved PEPR, or other information about
their work programs, however it is up to
the discretion of the explorer whether they
share it with you or not.
Importantly, any work to be undertaken on
your property should be described in the
notice of entry served on you prior to the
explorer’s entry on your land.
If you have any concern regarding
exploration being conducted on your
land you may contact DMITRE for further
assistance.
Who is responsible for rehabilitating
exploration impacts?
As part of the approval to conduct
exploration, the Exploration Licence holder
is responsible for ensuring any impacts
from the exploration are rehabilitated.
DMITRE may require the explorer to pay
a bond depending on the location of the
exploration and the type of exploration
activities. Where there is a bond and the
explorer is unable to fulfil the rehabilitation
requirements DMITRE will use the bond to
assist with rehabilitation.
Who monitors the rehabilitation of
exploration in South Australia?
Exploration Regulation within DMITRE
monitors exploration operations to ensure
compliance with the Mining Act, the
conditions of the Exploration Licence and
the approved exploration programs (PEPRs).
Does the explorer have to rehabilitate
impacts to my property?
Yes. Explorers are required to rehabilitate
exploration activity impacts within six
months of completion of their approved
PEPR, unless otherwise approved by
DMITRE.
Land that is disturbed by exploration must
be returned to a state that is consistent with
its prior land use and productivity, and/or
enables and promotes natural regeneration
to occur.
LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
What if I am not happy with the standard
of rehabilitation?
In the first instance, you should contact the
explorer. The details of the contact person
are available on the notice of entry served
on you prior to entry.
If the explorer does not satisfactorily
address your concerns you should contact
an officer from DMITRE Exploration
Regulation who will assist you.
What will be the impact of exploration
activities conducted on my property?
This will depend on the type of
exploration conducted, the environment
the exploration is conducted in, and
the duration and size of the exploration
program.
The explorer must keep you informed as to
the nature of their exploration and impacts
associated with the conduct of the activity.
However, all land disturbed by exploration
must be rehabilitated in accordance with
their approved PEPR.
Compensation may be payable for loss of
income until rehabilitation is completed.
Who is responsible for the workers
carrying out operations on my property?
The explorer is responsible for contractors
carrying our work on the exploration
licence, such as drilling contractors,
surveyors and environmental consultants.
Who holds insurance?
The explorer must have public liability
insurance for an amount that is reasonable
for the exploration activities.
Regulation and compliance
What is an explorer required to do before
conducting an airborne survey?
The explorer must notify DMITRE prior
to conducting an airborne survey and
17
are encouraged to contact the relevant
landowners. The explorer may contact
landowners by telephone, post or a notice
in the local newspaper.
If an explorer is not doing the right thing,
what are the consequences?
The Mining Act provides a number of
actions that can be taken if an explorer
is not doing the right thing (i.e. is not
compliant with their approved program).
These include preventative, persuasive,
compulsory and punitive strategies.
The strategy used will depend on the
severity and/or the type of non-compliance
identified. A brief description of each
strategy is provided.
Preventative strategy
Provide recommendations, advice and/
or educate explorers to avoid future non-
compliance.
Persuasive strategy
This involves informal and formal warnings
in writing. Failure to comply with warnings
may result in formal instructions to the
explorer to rectify the non-compliance
issue.
Compulsory strategy
This involves issuing formal instructions
to the explorer in accordance with the
Mining Act and Mining Regulations. The
instruction will direct the explorer to correct
the non-compliant activities within a
specified timeframe.
Punitive strategy
Failure to comply with formal instructions
will lead to fines and/or prosecution which
in turn can lead to the cancellation or
suspension of the exploration licence.
What is non-compliance?
Non-compliance means that the explorer
is not meeting the requirements of the
Mining Act, Mining Regulations and the
18 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
terms and conditions of the exploration
licence, this includes the PEPR.
Non-compliance includes but is not limited to:
• Not issuing notices required under the
Mining Act
• Poor rehabilitation
• Failure to work in accordance with an
approved PEPR
• Exploring without approval.
Can explorers be prosecuted by DMITRE
for non-compliance?
Yes. Depending on the severity and/or type
of non-compliance identified, explorers can
be prosecuted by DMITRE.
How are the requirements of the Mining
Act and Mining Regulations enforced?
DMITRE reviews compliance reports
submitted by the explorer, conducts site
inspections and investigates complaints
received from third parties to determine
compliance with the Mining Act, licence/
lease conditions and any approved
programs.
Any non-compliance issues identified
will result in the use of the compliance
strategies identified on this page. The
strategy used will depend on the severity
and/or type of non-compliance identified.
Can I do anything about trucks going
past my property if they’re travelling on a
public road?
Explorers and miners have the same rights
as the general public to use public roads.
However, if the use of public roads by
explorers is adversely impacting on your
property, you should contact the company in
the first instance to discuss your concerns.
If the explorer does not satisfactorily
address your concerns you should contact
an officer from Exploration Regulation at
DMITRE to discuss further. Refer to page 19
for contact details.
Miscellaneous
Can I get access to the results of the
exploration program or what they find?
You can access exploration results that have
been held by DMITRE for a period of at least
5 years via SARIG.
SARIG can be accessed via www.sarig.
dmitre.sa.gov.au and is a free service. You
can download Annual Reports, drilling
information and geoscientific data packages.
It is a requirement that the explorer provide
exploration results to DMITRE annually.
For commercial reasons the explorer is not
required to share these results with the
public.
Is the local council allowed to take
material from my property?
The Council has the authority under the
Local Government Act 1999 to take extractive
material from land within their council area
for their own use (e.g. quarry materials for
road maintenance). For further details in
relation to the council removing material
from your land contact your local council.
If the Council wants to sell the material they
are required to have an Extractive Minerals
Lease issued under the Mining Act.
Further information
The information provided in this document
is intended to provide general information
in relation to landowner’s rights and
responsibilities in dealings with exploration
companies seeking access to land to
conduct exploration operations.
If you have any further questions related to
exploration on your land please contact:
Resource Information Centre
Level 7, 101 Grenfell Street, Adelaide SA
GPO Box 1264, Adelaide SA 5001
Phone: +61 8 8463 3000
LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
Fax: +61 8 8463 6518
Email: Resources.CustomerServices@sa.gov.au
www.minerals.dmitre.sa.gov.au
Mineral Tenements
Level 5, 101 Grenfell Street, Adelaide SA
GPO Box 1264, Adelaide SA 5001
Phone: +61 8 8463 3103
Fax: +61 8 8463 3101
Email: DMITRE.Tenements@sa.gov.au
Exploration Regulation
Level 5, 101 Grenfell Street, Adelaide SA
GPO Box 1264, Adelaide SA 5001
Phone: +61 8 8463 3484
Email: DMITRE.Exploration@sa.gov.au
For the latest version, including any recent
amendments to the Mining Act, refer to the
South Australian Legislation website at
www.legislation.sa.gov.au
The following exploration related Earth
Resources Information Sheets, Minerals
Regulatory Guidelines and Ministerial
Determinations are available in hardcopy
(free) from Level 7, 101 Grenfell Street
or for downloading from the DMITRE
website www.minerals.dmitre.sa.gov.
au/publications_and_information/
information_sheets.
• M05 Mineral exploration licences – general
conditions, procedures and information
(also available in Chinese)
• M06 Prospecting and mining for minerals
(also available in Chinese)
• M21 Mineral exploration drillholes –
general specifications for construction and
backfilling
• M29 Aboriginal Heritage Act 1988 and
Aboriginal site avoidance guidelines
• M31 Guidelines for proposed mining
activities on native title land – Part 9B of
the Mining Act 1971
• M33 Statement of environmental
objectives and environmental guidelines
19
 for mineral exploration activities in South
Australia
• M41 Submission of representative samples
for mineral exploration drillholes
• MG1 Guidelines for miners: mining
approval processes in South Australia
• MG4 Guidelines: landowner rights and
access arrangements in relation to mineral
exploration and mining in South Australia
• MG8 Guidelines: program for environment
protection and rehabilitation (PEPR) for
low impact mineral exploration in South
Australia
• MG9 Guidelines: preparation of a
declaration of environmental factors (DEF)
for mineral exploration in South Australia
• MG10 Guidelines: preparation of an
exploration work approval (EWA) for
mineral exploration
• MG13 Mineral exploration reporting
guidelines for South Australia
• MD1 Generic program for environment
protection and rehabilitation – low impact
mineral exploration in South Australia -
NOTICE in accordance with section 70B(8)
of the Mining Act 1971 and regulation
66(1) of the Mining Regulations 2011.
The Registry of the Warden’s Court and
ERD Court is located in Sir Samuel Way
Building, 241–259 Victoria Square, Adelaide,
on the lower ground floor. Postal address
is the same for each court, GPO Box 2465,
Adelaide SA 5001.
SARIG (South Australian Resources
Information Geoserver)
www.sarig.dmitre.sa.gov.au. A help menu
can be accessed via www.minerals.dmitre.
sa.gov.au/sarighelp/home or the QR below
20 LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia
Glossary
DMITRE is the acronym for the Department
for Manufacturing, Innovation, Trade,
Resources and Energy
Environment as defined in the Mining Act
includes
(a) Land, air, water (including both
surface and underground water and
sea water), organisms, native fauna
and other features or elements of the
natural environment; and
(b) Buildings, structures and other
forms of infrastructure, and cultural
artefacts; and
(c) Existing or permissible land use; and
(d) Public health, safety or amenity; and
(e) The geological heritage values of an
area; and
(f ) The social, aesthetic or cultural values
of an area.
Exploration Licence (EL) authorises a
licensee to carry out exploration activities
and typically covers a large area.
Exploration operations describes activities
carried out in the course of exploring for
minerals.
Explorer is the holder of the exploration
licence (EL). They are legally responsible for
all and anything to do with the EL.
Exploring is any operation carried out
in the course of exploring for minerals,
establishing the extent of a mineral deposit
or prospecting.
Fossicking is described as the gathering
of minerals as a recreation and which does
not disturb the land or water by the use
of machinery or explosives, and without
the intention to sell the minerals or to
utilise them for a commercial or industrial
purpose.
Geophysical survey is a type of survey to
understand the physical properties of the
earth.
Land Access Agreement is an agreement Australian Legislation website www.
between the landowner and explorer legislation.sa.gov.au.
authorising access and entry to land for The Mining Register is the register of
the purpose of conducting exploration mining tenements. This public register
operations. includes information such as the holder
Landowner includes the of the mining tenements, the area of the
tenement and the grant date and expiry date
freehold landowner
and conditions of the mining tenement.
perpetual lease holder
The Regulations means the current version
pastoral lease holder of the Mining Regulations 2011.
native title claimants
native title holders
a person who is in lawful occupation of
the land, which can include a sub-lessee.
Metalliferous indicates it contains metal
(e.g. iron, copper, gold).
Mining lease includes extractive minerals
lease or minerals lease.
Mining tenement includes Mining Lease,
Retention Lease or Miscellaneous Purpose
Licence.
Ore is a type of rock that contains minerals
with important elements including metals.
PEPR is a Program for Environment,
Protection and Rehabilitation. It is the
operational plan required by DMITRE prior
to conducting on-ground exploration.
Plaint note is the term used for
applications made for matters to be heard
by the Warden’s Court.
Prospecting is any operations carried out
in the course of exploring for minerals (does
not include disturbance of land or water by
machinery or explosives).
SARIG (South Australian Resources
Information Geoserver) is DMITRE’s world-
leading online web application providing
24/7 access to public minerals, petroleum
and geothermal geoscientific information.
The Mining Act means the current version
of the Mining Act 1971. A copy can be
obtained from the minerals website www.
minerals.dmitre.sa.gov.au or the South

LANDOWNER FREQUENTLY ASKED QUESTIONS for mineral exploration in South Australia 21

If you have any further questions related to
exploration on your land please contact
Resource Information Centre
Level 7, 101 Grenfell Street, Adelaide SA
GPO Box 1264, Adelaide SA 5001
Phone: +61 8 8463 3000
Fax: +61 8 8463 6518
Email: Resources.CustomerServices@sa.gov.au
www.minerals.dmitre.sa.gov.au

Mineral Tenements
Level 5, 101 Grenfell Street, Adelaide SA
GPO Box 1264, Adelaide SA 5001
Phone: +61 8 8463 3103
Fax: +61 8 8463 3101
Email: DMITRE.Tenements@sa.gov.au

Exploration Regulation
Level 5, 101 Grenfell Street, Adelaide SA
GPO Box 1264, Adelaide SA 5001
Phone: +61 8 8463 3484
Email: DMITRE.Exploration@sa.gov.au

www.minerals.dmitre.sa.gov.au