{"id":"fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018","name":"Fair Trading (Mining and Resources Industry Land Access Dispute Resolution Code) Regulations 2018","slug":"fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235479,"registerId":"sa-fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Mining and Resources Industry Land Access Dispute Resolution Code) Regulations 2018","content":"South Australia\nFair Trading (Mining and Resources Industry Land Access Dispute Resolution Code) Regulations 2018\nunder the Fair Trading Act 1987\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescription of mining and resources industry and industry participants\n5\tPrescription of code\n6\tContravention of code subject to civil penalty\n7\tFee for mediation under code\nSchedule 1—Mining and Resources Industry Land Access Dispute Resolution Code\n1\tShort title\n2\tInterpretation\n3\tApplication of code\n4\tDispute resolution\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fair Trading (Mining and Resources Industry Land Access Dispute Resolution Code) Regulations 2018.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Fair Trading Act 1987;\nbusiness of primary production means the business of agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering in of crops, the rearing of livestock or the propagation or harvesting of fish or other aquatic organisms;\ncivil penalty contravention has the same meaning as in Part 7 Division 3A of the Act;\ncode means the Mining and Resources Industry Land Access Dispute Resolution Code 2018 set out in Schedule 1;\nCommissioner means the Small Business Commissioner;\nfarmer means a person engaged in the business of primary production;\nmining operations has the same meaning as in the Mining Act 1971;\nmining operator has the same meaning as in the Mining Act 1971;\nregulated activities has the same meaning as in the Petroleum and Geothermal Energy Act 2000.\n4—Prescription of mining and resources industry and industry participants\nFor the purposes of Part 3A of the Act—\n\t(a)\tthe activity of undertaking—\n\t(i)\tmining operations; or\n\t(ii)\tregulated activities pursuant to a licence under the Petroleum and Geothermal Energy Act 2000,\non or in relation to land used for the business of primary production is taken to be an industry (the mining and resources industry); and\n\t(b)\tthe following persons are taken to be participants in the mining and resources industry:\n\t(i)\tmining operators;\n\t(ii)\tlicensees under the Petroleum and Geothermal Energy Act 2000;\n\t(iii)\tfarmers.\n5—Prescription of code\n\t(1)\tThe code is prescribed as an industry code for the purposes of Part 3A of the Act.\n\t(2)\tThe Small Business Commissioner is responsible for the administration of the code and for the administration of Part 3A of the Act in relation to the code.\n6—Contravention of code subject to civil penalty\n\t(1)\tA contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act.\n\t(2)\tThe expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code is—\n\t(a)\tin the case of a body corporate—$4 000; and\n\t(b)\tin the case of a natural person—$500.\n7—Fee for mediation under code\n\t(1)\tIf an authorised officer arranges for mediation of a dispute under the code with the agreement of the parties to the dispute, each of the parties must pay a fee of $195 for each day, or part of a day, on which the mediation occurs.\n\t(2)\tA fee payable by a person under subregulation (1) is recoverable as a debt due to the Crown.\n\t(3)\tThe Commissioner may waive a fee payable by a person under subregulation (1) if satisfied that it is appropriate to do so in a particular case.\nSchedule 1—Mining and Resources Industry Land Access Dispute Resolution Code\n1—Short title\nThis code may be cited as the Mining and Resources Industry Land Access Dispute Resolution Code 2018.\n2—Interpretation\nIn this code—\nalternative dispute resolution procedure does not include arbitration.\n3—Application of code\nThis code applies to a dispute between—\n\t(a)\ta farmer; and\n\t(b)\t—\n\t(i)\t1 or more mining operators; or\n\t(ii)\tthe holder or holders of a licence under the Petroleum and Geothermal Energy Act 2000,\nin relation to access to land used by the farmer for the business of primary production.\n4—Dispute resolution\n\t(1)\tIf the Commissioner is satisfied, on written application by a party to a dispute to which this code applies—\n\t(a)\tthat the party has made a reasonable attempt to resolve the dispute; and\n\t(b)\tthat the subject matter of the dispute is not frivolous or vexatious,\nan authorised officer may notify the parties to the dispute in writing that the officer is commencing an alternative dispute resolution procedure in relation to the dispute in accordance with this code.\n\t(2)\tIf an alternative dispute resolution procedure is commenced under this code, a party to the dispute, or another person authorised in writing to attend or participate in the procedure on the party's behalf, must attend or otherwise participate in the procedure, as required by the authorised officer.\n\t(3)\tA person participating in an alternative dispute resolution procedure—\n\t(a)\tmust act reasonably, fairly, honestly and cooperatively; and\n\t(b)\tmust not mislead, harass, intimidate or oppress another party to the dispute.\n\t(4)\tA person participating in an alternative dispute resolution procedure must comply with any reasonable request made by the authorised officer in connection with the officer's attempt to assist the parties in the resolution of the dispute, including, without limitation, a request to do 1 or more of the following:\n\t(a)\texchange information relevant to the dispute with the other party;\n\t(b)\tanswer questions in respect of matters relevant to the dispute;\n\t(c)\tattend meetings;\n\t(d)\tparticipate in mediation or another form of alternative dispute resolution.\n\t(5)\tAn authorised officer conducting an alternative dispute resolution procedure may request that a person participating in the procedure be a person who is authorised to resolve the dispute.\n\t(6)\tA request made by an authorised officer under subclause (4) or (5) must be complied with as soon as reasonably practicable, and, in any event, in the case of a written request, within 14 days of the date of the request or such longer period as is allowed by the authorised officer.\n\t(7)\tThe authorised officer conducting an alternative dispute resolution procedure may, for the purposes of attempting to resolve the dispute—\n\t(a)\trefer the dispute to mediation; or\n\t(b)\tafter consultation with the parties—appoint a person able to provide expert advice on matters relevant to the dispute to assist the officer.\n\t(8)\tThe parties to a dispute are equally liable for the costs of expert advice provided under subclause (7)(b) unless they agree to a different apportionment of the costs.\n\t(9)\tAn authorised officer may suspend (for a specified time or until further notice) or terminate a dispute resolution procedure if the dispute is the subject of—\n\t(a)\tproceedings before a court or tribunal; or\n\t(b)\tarbitration; or\n\t(c)\tanother alternative dispute resolution procedure.\n\t(10)\tAn authorised officer may terminate an alternative dispute resolution procedure if the officer forms the view that—\n\t(a)\tthere is no reasonable prospect of resolving the dispute; or\n\t(b)\tthe subject matter of the dispute is frivolous or vexatious.\n\t(11)\tFollowing the completion of an alternative dispute resolution procedure, the authorised officer who conducted the procedure must provide the parties with a certificate stating—\n\t(a)\tthe names of the parties; and\n\t(b)\tthe nature of the matters in dispute; and\n\t(c)\tif the procedure has been terminated under subclause (9) or (10)—that the procedure has been terminated without resolution; and\n\t(d)\tif the dispute has been resolved—the terms of the resolution.\n\t(12)\tUnless the authorised officer and the parties otherwise agree in writing, any communication made, or document prepared (including a certificate provided under subclause (11)), in connection with an alternative dispute resolution procedure under this code must be treated as confidential.\n\t(13)\tHowever, a certificate provided under subclause (11) may be produced before a court or tribunal.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2018\n231\nGazette 29.11.2018 p4096 \n29.11.2018: r 2\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a dispute resolution framework for land access conflicts between farmers and mining/resources companies. The scope has not expanded beyond this specific industry interaction."},"complexity_factors":["Short, focused instrument (approximately 1,500 words total)","Only 11 defined terms across the regulations and code combined","Limited cross-referencing — primarily references to the Fair Trading Act 1987, Mining Act 1971, and Petroleum and Geothermal Energy Act 2000 for key definitions","Straightforward conditional structure: application criteria → process → termination → certificate","Single layer of exceptions (termination grounds in clauses 4(9)-(10)) without nesting","No delegated legislation-making powers or complex administrative procedures","Clear delineation between the enabling regulations (machinery provisions) and the substantive code in Schedule 1"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a formal process to help resolve disputes between farmers and mining companies (or petroleum/gas companies) about access to farmland. When a mining operator wants to access land used for primary production (farming, grazing, forestry, etc.), and a disagreement arises, this code provides a structured way to sort it out without immediately going to court.\n\n**Who it affects:**\n\n- **Farmers** — people engaged in primary production (agriculture, grazing, horticulture, dairy, forestry, aquaculture, etc.)\n- **Mining operators** — companies or individuals conducting mining operations under the Mining Act 1971\n- **Petroleum and geothermal licensees** — holders of licences under the Petroleum and Geothermal Energy Act 2000\n- **The Small Business Commissioner** — who administers the code and appoints authorised officers to handle disputes\n\n**How it works:**\n\n- A party can apply to the Commissioner for help resolving a dispute, but only after making a \"reasonable attempt\" to resolve it themselves\n- An authorised officer can start an \"alternative dispute resolution procedure\" (basically, structured negotiation or mediation — but **not** arbitration)\n- Parties must participate in good faith: they must act reasonably, fairly, honestly and cooperatively, and can't mislead, harass, intimidate or oppress each other\n- The officer can request information, hold meetings, refer the matter to mediation, or bring in expert advisers (costs split equally unless parties agree otherwise)\n- There's a **$195 per day fee** for mediation (waivable in hardship cases)\n- The process can be suspended or terminated if the matter goes to court, arbitration, or if there's no reasonable prospect of resolution\n- At the end, parties get a certificate stating what happened — this is confidential but can be used in court if needed\n\n**Why it matters:**\n\nLand access disputes between farmers and resource companies can be bitter, expensive, and disruptive. This code provides a **low-cost, structured alternative to litigation** with **civil penalties** for non-compliance ($4,000 for companies; $500 for individuals). It tries to level the playing field by giving farmers a government-backed process to negotiate with often much larger mining companies, while ensuring everyone behaves properly during negotiations.\n\n**Key features:**\n- **Civil penalties** apply for breaching the code\n- **Confidentiality** protects what's said during dispute resolution\n- **Mandatory participation** — parties must show up and engage properly\n- **Expert assistance** available if technical issues arise"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations expand application of Part 3A by expressly prescribing the mining and resources industry where mining operations or petroleum regulated activities occur on land used for primary production, and by naming mining operators, petroleum licence‑holders and farmers as participants (reg 4, Sch.1 cl.3). They also prescribe the industry code, attach the Part 3A civil penalty regime to code contraventions and set expiation and mediation fees (regs 5–7, Sch.1 cl.4), thereby extending Part 3A’s practical reach and enforcement mechanics to these disputes."},"complexity_factors":["Cross-references to multiple Acts (Fair Trading Act 1987, Mining Act 1971, Petroleum and Geothermal Energy Act 2000) which determine key defined terms and trigger coverage (regs 3,4).","Prescription mechanism: regulations both define the ‘industry’ and prescribe a standalone industry code that imports procedural obligations (reg 4; reg 5; Schedule 1).","Civil penalty overlay: contraventions of the prescribed code are made civil penalty contraventions with specified expiation amounts differing by corporate/natural person (reg 6).","Administrative delegation and discretion to the Small Business Commissioner and authorised officers to commence, suspend, terminate or compel ADR and to waive fees (reg 5(2); reg 7(3); Sch.1 cl.4(1),(6),(9),(10)).","Mandatory participation rules and enforceable timeframes (e.g. 14‑day compliance for written requests) create compliance risk and potential sanctions (Sch.1 cl.4(2),(6)).","Cost allocation features: parties are equally liable for expert advice costs unless they agree otherwise; mediation fee is per‑party per‑day and recoverable to the Crown (Sch.1 cl.4(7),(8); reg 7).","Confidentiality rules with a statutory exception allowing certificates of ADR outcomes to be produced in court, affecting evidentiary strategy (Sch.1 cl.4(11),(12),(13))."],"plain_english_summary":"These regulations apply Part 3A of the Fair Trading Act to mining and petroleum activities carried out on land used for primary production. They declare those activities an industry, name mining operators, petroleum licence‑holders and farmers as participants, prescribe a land‑access dispute resolution code (Schedule 1), and attach civil penalties and fixed expiation fees for breaches (regs 4–6).\n\nThe Small Business Commissioner administers the code, can require parties into alternative dispute resolution, charge or waive a $195/day mediation fee, and compel cooperation and time‑bound responses—creating administrative duties, shared expert costs and potential penalties for non‑compliance (regs 5,7, Sch.1 cl.4)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change from original intent — the legislative text was not accessible due to a broken URL following a website migration. No comparison between original and current form is possible."},"complexity_factors":["No actual legislative text was retrievable — analysis is based solely on the title","The title suggests moderate regulatory complexity involving interplay between Fair Trading law and mining/resources law","Land access regimes in Australia typically involve multiple overlapping statutes (mining acts, native title, property law), which would ordinarily increase complexity","Score kept low because no substantive content could be assessed"],"plain_english_summary":"This regulation establishes a dispute-resolution code under South Australia’s Fair Trading framework for conflicts over mining and resources companies accessing private land. It sets the basic rules for how access disputes are raised and dealt with between landowners and industry.\n\nIt primarily affects farmers and rural landowners, mining/resources companies, and mediators/tribunals — because it defines how rights, obligations and remedies are handled. (Source document could not be retrieved.)"}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018","history":"/api/acts/fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018/history","analysis":"/api/acts/fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018/analysis","conflicts":"/api/acts/fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018/conflicts","importantCases":"/api/acts/fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018/important-cases","documents":"/api/acts/fair-trading-mining-and-resources-industry-land-access-dispute-resolution-code-regulations-2018/documents"}}