Submission on the review of SA's Mining Act

The South Australian Government is reviewing the Mining Act 1971.  We welcome the Government’s intention to progressing reform, and we support efforts to bring the regulation of private mines into line with other mining activities in South Australia.

At present, private mines are exempt from requirements that apply elsewhere, including the need to seek approval before clearing native vegetation. This difference in treatment is not appropriate.

State and national environment reports show that South Australia’s remaining nature is under increasing pressure. Allowing additional native vegetation clearance through regulatory exemptions adds to this decline.

Our submission directly responds to options outlined in the Government’s discussion paper. We support both proposed options to remove the exemption for private mines and apply the Act’s environmental definition consistently. This transition should occur well before 2036, ideally by 2028 and no later than 2030.

Our submission also raises concerns about how mining and exploration rules affect conservation land and landholders.

There is a need for clearer processes, fair treatment, and strong safeguards in protected areas. We recommend that the South Australian Government:

• Align environmental regulation of private mines with all other mining operations.
• Remove the exemption that allows private mines to clear native vegetation without approval.
• Prevent extensions of long‑running exploration licences within protected areas and critical habitat.
• Avoid reducing exploration licence sizes if this would increase impacts on conservation landholders.
• Clarify notice‑of‑entry rules so landholders have clear options when procedures are not followed.
• Introduce alternative dispute resolution for land access disputes, with further detail provided.
• Strengthen mine closure, rehabilitation, and compliance requirements.
• Reinstate penalties for encouraging or arranging illegal mining.

Image: Ryan Jubber/Unsplash