{"id":"mining-regulations-2020","name":"Mining Regulations 2020","slug":"mining-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236161,"registerId":"sa-mining-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Mining Regulations 2020.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Mining Act 1971;\nchange in operations means a change in relation to a tenement to which Part 8B Division 7 of the Act applies;\ncompliance report means a compliance report under regulation 77;\ncorresponding law means an Act of another State or a Territory that contains provisions that substantially correspond with the Mining Act 1971;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;\ndesignated Act means—\n\t(a)\tthe Aboriginal Heritage Act 1988; or\n\t(b)\tthe Aboriginal Lands Trust Act 2013; or\n\t(c)\tthe Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or\n\t(d)\tthe Environment Protection Act 1993; or\n\t(e)\tthe Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or\n\t(f)\tthe Landscape South Australia Act 2019; or\n\t(g)\tthe Maralinga Tjarutja Land Rights Act 1984; or\n\t(h)\tthe National Parks and Wildlife Act 1972; or\n\t(i)\tthe Native Title Act 1993 of the Commonwealth; or\n\t(j)\tthe Native Vegetation Act 1991; or\n\t(k)\tthe Offshore Minerals Act 2000; or\n\t(l)\tthe Planning, Development and Infrastructure Act 2016; or\n\t(m)\tthe Radiation Protection and Control Act 1982; or\n\t(n)\tthe Work Health and Safety Act 2012; or\n\t(o)\tan Act of another State or a Territory that contains provisions that substantially correspond with an Act set out in paragraphs (a) to (n) (inclusive);\ndesignated material has the meaning given by section 15AI of the Act;\ndimension stone means stone that is cut, trimmed and finished to specific dimensions and shapes and includes cut stone, ashlars, monumental stone, roofing slate and flagging stone;\nindustrial minerals means the following:\n\t(a)\talunite;\n\t(b)\tanatase;\n\t(c)\tandalusite;\n\t(d)\tbarite;\n\t(e)\tbentonite;\n\t(f)\tcalcrete;\n\t(g)\tcelestite;\n\t(h)\tcement shale;\n\t(i)\tdiamond;\n\t(j)\tdiatomite;\n\t(k)\tdolomite;\n\t(l)\tfeldspar;\n\t(m)\tfire clay;\n\t(n)\tgarnet;\n\t(o)\tgraphite;\n\t(p)\tgypsum;\n\t(q)\tilmenite;\n\t(r)\tkaolin;\n\t(s)\tkyanite;\n\t(t)\tleucoxene;\n\t(u)\tlime sand;\n\t(v)\tmagnesite;\n\t(w)\tmarble;\n\t(x)\tmica;\n\t(y)\tmicaceous hematite;\n\t(z)\tmonazite;\n\t(za)\tpalygorskite;\n\t(zb)\tpeat;\n\t(zc)\tphosphate;\n\t(zd)\tpotash;\n\t(ze)\trutile;\n\t(zf)\tsalt;\n\t(zg)\tsilica;\n\t(zh)\tsilica sand;\n\t(zi)\tsillimanite;\n\t(zj)\ttalc;\n\t(zk)\tvermiculite;\n\t(zl)\twollastonite;\n\t(zm)\txenotime;\n\t(zn)\tzircon;\n\t(zo)\tany other mineral that would be an extractive mineral for the purposes of the Act but for the fact that it is mined for a purpose prescribed for the purposes of paragraph (a) of the definition of extractive minerals in section 6(1) of the Act;\nleading indicator criteria means criteria used to give an early warning that a control strategy in a program under Part 10A of the Act may fail or be failing.\n\t(2)\tFor the purposes of paragraph (ab) of the definition of declared equipment in section 6(1) of the Act, mechanically driven equipment that is capable of drilling to depths of 2.5 metres or more below the ground in order to recover subsurface geological samples or information is prescribed.\n\t(3)\tFor the purposes of the definition of exploring or exploration operations in section 6(1) of the Act, the following activities are, in accordance with paragraph (d) of that definition, brought within the ambit of that definition:\n\t(a)\tcollecting a bulk sample required to evaluate the metallurgical and physical properties of a mineral deposit or the economic potential of such a deposit and rehabilitating the land from which the sample was taken to be as close as reasonably practicable to the state of the land before the sample was taken;\n\t(b)\tundertaking geotechnical test work and rehabilitating the land on which the test work was undertaken to be as close as reasonably practicable to the state of the land before the test work was undertaken.\n\t(4)\tThe following are prescribed purposes under paragraph (a) of the definition of extractive minerals in section 6(1) of the Act:\n\t(a)\tchemical, cement, lime and glass manufacture;\n\t(b)\tmetallurgical flux, refractories and industrial fillers;\n\t(c)\tfoundries, fertiliser, agricultural, jewellery and crafted ornamental uses;\n\t(d)\tthe production of dimension stone.\n4—Exercise of rights over a road, street or highway\n\t(1)\tA person must not exercise a right under the Act or these regulations on a public road, street or highway without the written consent of the authority that has the care, control or management of the road, street or highway.\n\t(2)\tHowever, a consent under subregulation (1) is not required to identify an area for a mineral claim on land (in a manner determined or approved under section 56E of the Act) consisting (partially or entirely) of a public road, street or highway.\n\t(3)\tAn application to register a claim on land consisting (partially or entirely) of a public road, street or highway must be accompanied by the consent required under subregulation (1).\n5—Exempt land—prescribed distance\n\t(a1)\tFor the purposes of section 9(1)(ca) of the Act, the prescribed distance is 25 m.\n\t(1)\tSubregulation (2) applies in relation to—\n\t(a)\ta miscellaneous purpose licence; and\n\t(b)\ta retention lease; and\n\t(c)\ta mining lease.\n\t(2)\tFor the purposes of section 9(5) of the Act, the prescribed distance for the recovery of industrial minerals under a mineral tenement to which this subregulation applies is, in accordance with paragraph (c)(i) of that definition, 400 metres.\n6—Waiver of exemption\n\t(1)\tFor the purposes of section 9AA(8)(b) of the Act, a tenement holder must provide the owner of land with the following information in relation to each relevant tenement or proposed tenement in relation to the land:\n\t(a)\ta copy of the approved program (if any) under Part 10A of the Act;\n\t(b)\ta copy of the relevant proposal;\n\t(c)\ta copy of any response of the tenement holder as required by the Minister under section 56H(4)(b) of the Act;\n\t(d)\tinformation as to the rights of the owner of land under section 9AA(9)(b) and (14) of the Act in a manner and form determined by the Minister that is made publicly available on a website determined by the Minister.\n\t(2)\tFor the purposes of section 9AA(14b) of the Act, notice of an agreement to waive the benefit of an exemption must be given to the Mining Registrar—\n\t(a)\twithin 21 days after the agreement is entered into; or\n\t(b)\twhen an application for the tenement is made under the Act,\nwhichever occurs first.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"Part 2—Administration\n7—Delegation by Minister\nFor the purposes of section 12(1) of the Act, the following Acts are prescribed:\n\t(a)\tthe Aboriginal Lands Trust Act 2013;\n\t(b)\tthe Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981;\n\t(c)\tthe Landscape South Australia Act 2019;\n\t(d)\tthe Maralinga Tjarutja Land Rights Act 1984;\n\t(e)\tthe National Parks and Wildlife Act 1972;\n\t(f)\tthe Native Vegetation Act 1991;\n\t(g)\tthe Offshore Minerals Act 2000;\n\t(h)\tthe Opal Mining Act 1995;\n\t(i)\tthe Planning, Development and Infrastructure Act 2016;\n\t(j)\tthe Roxby Downs (Indenture Ratification) Act 1982.\n8—Applications for warrants\nThe following procedures in relation to an application for the issue of a warrant are prescribed for the purposes of section 14C(6)(b) of the Act:\n\t(a)\tif an application for the issue of a warrant is made personally—the grounds of the application must be verified by affidavit;\n\t(b)\tif an application for the issue of a warrant is made by telephone—\n\t(i)\tthe applicant must inform the magistrate, warden or justice of the applicant's name and identify the position that they hold for the purposes of the Act, and the magistrate, warden or justice, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(ii)\tthe applicant must inform the magistrate, warden or justice of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(iii)\tif it appears to the magistrate, warden or justice from the information given by the applicant that there are proper grounds to issue a warrant, the magistrate, warden or justice must inform the applicant of the facts that justify, in their opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(iv)\tif the applicant gives such an undertaking, the magistrate, warden or justice may then make out and sign a warrant, noting on the warrant the facts that justify, in their opinion, the issue of the warrant; and\n\t(v)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate, warden or justice; and\n\t(vi)\tthe magistrate, warden or justice must inform the applicant of the terms of the warrant; and\n\t(vii)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate, warden or justice an affidavit verifying the facts referred to in subparagraph (iii).\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"Royalty","content":"Part 3—Royalty\n9—Prescribed amount\nFor the purposes of section 17(4)(a) of the Act, the lesser amount of 52 cents per tonne is prescribed.\n10—Prescribed information to accompany tenement holder's estimate of value of minerals\nFor the purposes of section 17(6)(b)(vi) of the Act, the tenement holder's estimate of the reasonable value of the minerals in accordance with that subparagraph must be accompanied by—\n\t(a)\tsufficient information as to why the market value of the minerals could not be determined according to section 17(6)(b)(iii), (iv) and (v) of the Act; and\n\t(b)\tsufficient information that demonstrates that the estimate provided by the tenement holder is reasonable; and\n\t(c)\tany further information requested by the Minister.\n11—Prescribed costs\nFor the purposes of section 17(8) and (8a) of the Act, costs of the following kinds, up to an amount that does not exceed 30% of the market value of the minerals on which royalty is payable, are prescribed:\n\t(a)\tcosts (excluding GST) genuinely incurred in transporting the minerals to a point of sale (including, for example, packaging, storage, loading, permit, fees, insurance and depreciation);\n\t(b)\tin the case of section 17(8a)—costs (excluding GST) genuinely incurred in shipping the minerals to a genuine purchaser in a sale at arms length;\n\t(c)\tany other costs (excluding GST) determined by the Minister to be a cost of a prescribed kind for the purposes of section 17(8) or (8a) of the Act (or both), (which may vary according to a particular tenement holder, class of tenement holder, or all tenement holders).\n12—Persons exempt from furnishing returns\n\t(1)\tFor the purposes of section 17CA(9) of the Act (but subject to subregulation (2)), the following persons are exempt from the requirement to furnish a return under section 17CA(1) of the Act:\n\t(a)\tthe holder of a registered mineral claim;\n\t(b)\tthe holder of an exploration licence;\n\t(c)\tthe holder of a miscellaneous purposes licence;\n\t(d)\tthe holder of a retention lease.\n\t(2)\tSubregulation (1)(c) or (d) does not apply in relation to a particular tenement if the Minister has determined, by notice to the tenement holder, that the tenement holder should comply with the requirements of section 17CA of the Act.\n13—Means of payment of royalty\nFor the purposes of section 17G of the Act, royalty must be paid—\n\t(a)\tby means of electronic funds transfer to an account nominated by the Minister; or\n\t(b)\tby means of a credit card.\n","sortOrder":2},{"sectionNumber":"Part 4","sectionType":"part","heading":"Mining register","content":"Part 4—Mining register\n14—Other matters to be placed on register\n\t(1)\tFor the purposes of section 15AA(2)(l) of the Act, the following must be registered on the register:\n\t(a)\tthe items set out in Schedule 1 (unless, in the Mining Registrar's discretion, the Mining Registrar determines otherwise);\n\t(b)\tsuch other interest, instrument, approval, agreement, determination, statement, notice, order, direction, bond, penalty or other document as the Mining Registrar thinks fit.\n\t(2)\tThis regulation does not limit the operation of any other regulation.\n15—Surrender of mortgages\nFor the purposes of section 15AC(8)(d) of the Act, a prescribed circumstance is where the surrender is required by an order of a court or tribunal constituted by law.\n","sortOrder":3},{"sectionNumber":"Part 5","sectionType":"part","heading":"Information","content":"Part 5—Information\n16—Compilation, keeping and provision of material\n\t(1)\tFor the purposes of section 15AJ of the Act, a tenement holder must comply with the requirements set out in this regulation with respect to—\n\t(a)\tcompiling or creating designated material referred to in this regulation (section 15AJ(1) of the Act); and\n\t(b)\tkeeping designated material referred to in this regulation (section 15AJ(2) of the Act); and\n\t(c)\tproviding designated material referred to in this regulation to the Director (section 15AJ(3) of the Act); and\n\t(d)\tproviding for the form of any designated material provided to the Director (section 15AJ(5) of the Act).\n\t(2)\tGeological mapping: complete and detailed records must be kept in an electronic form for 7 years and any such record created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(3)\tSurveys of workings: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(4)\tGeological samples, including drill hole core and samples: all drill hole core samples and other representative geological samples must be kept in accordance with guidelines issued by the Department for the term of the relevant tenement and for 7 years after the expiry, surrender, cancellation or forfeiture of the tenement to which the sample relates and must be retained by the tenement holder, or provided to the Director, in accordance with those guidelines (unless the Minister has authorised, on application by the tenement holder in a manner and form set out in the guidelines, the destruction or disposal of the samples).\n\t(5)\tDrill hole logs: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(6)\tLocations relating to geological samples including drill hole collar locations: these locations must be identified by using maps and coordinates that accurately show each location in accordance with any requirements determined by the Director and these maps and coordinates must be kept in an electronic form for 7 years and any such maps and coordinates created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(7)\tResults of analysis and testing of samples: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(8)\tRecords of geophysical surveys: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(9)\tTechnical data, studies and reports: these must be kept in an electronic form for 7 years and any such designated material created or finalised in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(10)\tRecords of geochemistry: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(11)\tSupporting information and data associated with reserve or resource estimation: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular financial year must be provided electronically to the Director by the designated date for that financial year.\n\t(12)\tRecords of airborne surveys under regulation 80: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(13)\tRecords of remote sensing: these must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(14)\tEconomic, environmental or social studies or reports: these must be kept in an electronic form for 7 years and any such designated material created or finalised in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(15)\tRecords of mineralogy and petrology studies: these must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(16)\tScoping studies: these must be kept in an electronic form for 7 years and any such studies created or finalised in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(17)\tFeasibility studies: these must be kept in an electronic form for 7 years and any such studies created or finalised in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(18)\tSurface mapping (recording the geological features of an operating mine): complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(19)\tDrill hole photographs: these must be kept in an electronic form for 7 years and any such photographs taken in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(20)\tOpen data file compilations: complete and detailed records must be kept in an electronic form for 7 years and any such records created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(21)\tTechnical data associated with exploration that demonstrates an increased inferred or indicated resource (JORC definitions or equivalent): this data must be kept in an electronic form for 7 years and any such data created in a particular designated period must be provided electronically to the Director at the end of that particular designated period.\n\t(22)\tProduction volume or quantity, and quality and value, records for a mining lease or private mine: these records must be kept in an electronic form for 7 years and any such records must be provided electronically to the Director if so requested by the Director.\n\t(23)\tRecords that evidence costs of a kind prescribed by regulation 11: these records must be kept in an electronic form for 7 years and any such records must be provided electronically to the Director if so requested by the Director.\n\t(24)\tTechnical data associated with the measurement of criteria in a program or plan approved under Part 10A or 11B of the Act: this data must be kept in an electronic form for the term of the relevant tenement (or in the case of a private mine, until the private mine is surrendered) and any such data must be provided electronically to the Minister on request by the Minister.\n\t(25)\tTechnical and environmental data used to prepare a proposal accompanying an application for a mining lease, retention lease, miscellaneous purposes licence or an application for a change under Part 8B Division 7 of the Act: this data must be kept in an electronic form for the term of the relevant tenement and any such data must be provided electronically to the Minister on request by the Minister.\n\t(26)\tIn this regulation—\ndesignated period means—\n\t(i)\tin relation to a private mine—each 12 month period ending on 30 June in each year; and\n\t(ii)\tin any other case—each 12 month period ending on the anniversary of the day on which the relevant mineral tenement was granted; or\n17—Release of material\nFor the purposes of section 15AL(3)(d) of the Act, any designated material provided to the Director under this Part must not be released under section 15AL of the Act until—\n\t(a)\tthe expiry of the period of 5 years from the date on which the designated material was so provided to the Director; or\n\t(b)\tthe expiry, cancellation or forfeiture of the tenement to which the designated material relates; or\n\t(c)\tthe surrender, relinquishment or reduction (in whole or in part) of the tenement to which the designated material relates (being, in a case involving a part of a tenement, the designated material that relates to that part); or\n\t(d)\tthe designated material has been made publicly available; or\n\t(e)\ta holder of the tenement consents to the release of the designated material,\nwhichever occurs first.\n","sortOrder":4},{"sectionNumber":"Part 6","sectionType":"part","heading":"Mineral claims","content":"Part 6—Mineral claims\n18—Application to establish a mineral claim\n\t(1)\tFor the purposes of section 21(7)(f) of the Act, the following information is prescribed:\n\t(a)\ta statement of the proposed operations to be carried out within the area of the mineral claim;\n\t(b)\ta plan delineating any exempt land within the area of the mineral claim.\n\t(2)\tFor the purposes of sections 21(10) and 24A(a)(ii) of the Act, the period of 28 days, or such longer period as the Mining Registrar may determine or approve, is prescribed.\n19—Area of claim\nFor the purposes of section 23 of the Act (but subject to section 23(2) of the Act), the maximum permissible area of a mineral claim is 250 hectares.\n20—Notification of registration\nThe Mining Registrar must, on the registration of a mineral claim, give notice of the registration of the claim to the applicant.\n21—Cancellation of claim\n\t(1)\tIf the Mining Registrar discovers or determines, after a mineral claim is registered, that the claim should not have been registered on account of a contravention of, or a failure to comply with, a provision or requirement of the Act or these or any other regulations made under the Act, the Mining Registrar may, by notice in writing to the owner of the claim, give notice of the Mining Registrar's intention to cancel the registration of the claim on a day specified in the notice (which must be at least 21 days after the date of the notice).\n\t(2)\tA person who receives a notice under subregulation (1) may apply to the Warden's Court to have the decision of the Mining Registrar reviewed.\n\t(3)\tAn application for review must be made within 14 days of service of the notice (unless the Warden's Court allows an extension of time).\n\t(4)\tPending the determination of an application for review, the Mining Registrar must not cancel the registration of the claim.\n\t(5)\tAt the conclusion of the review, the Warden's Court may—\n\t(a)\tconfirm the decision of the Mining Registrar; or\n\t(b)\tcancel the notice.\n\t(6)\tSubject to a decision of the Warden's Court under this regulation, the Mining Registrar may, after the day specified in a notice under this regulation, cancel the registration of the relevant claim.\n22—Cessation of claim if lease granted\nIf the Minister grants a mining lease or a retention lease over the whole or part of the area of a mineral claim—\n\t(a)\tthe claim will cease to the extent to which the lease applies to the area of the claim; and\n\t(b)\tif there is no other application for a mineral tenement in relation to the mineral claim under consideration under the Act and these regulations at that time, the claim will cease and determine.\n","sortOrder":5},{"sectionNumber":"Part 7","sectionType":"part","heading":"Exploration licences","content":"Part 7—Exploration licences\n23—Application for licence\n\t(1)\tFor the purposes of section 29A(1)(c) of the Act, the following information is prescribed:\n\t(a)\ta statement—\n\t(i)\toutlining the exploration operations that the tenement holder intends to carry out under the exploration licence during—\n\t(A)\tthe first 2 years of operations under the licence; or\n\t(B)\ta period determined by the Minister; and\n\t(ii)\tdeclaring the amount of expenditure that is estimated to occur in carrying out those operations;\n\t(b)\ta statement of the technical, operational and financial capabilities and resources available to the applicant for the purpose of carrying out operations under the exploration licence;\n\t(c)\ta statement nominating the principal mineral or minerals that the applicant is seeking under the exploration licence and the exploration model that the applicant intends to employ for the purposes of exploring for that mineral or those minerals;\n\t(d)\ta statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n\t(e)\ta statement outlining whether the applicant or a related body corporate has, within the preceding period of 3 months, held an exploration licence (or an interest in an exploration licence) in relation to any area in respect of which the exploration licence is being sought.\n\t(2)\tAny information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n24—Notification of grant of licence\nFor the purposes of section 29B of the Act, notice of the grant of an exploration licence will be given in the manner prescribed by regulation 88.\n25—Expenditure\nFor the purposes of section 30AAA of the Act—\n\t(a)\tthe period applying under subsection (3)(a)(i) of that section is—\n\t(i)\tunless subparagraph (ii) applies—every 2 years (with the first period commencing on the date on which the exploration licence is granted); or\n\t(ii)\ta period determined by the Minister; and\n\t(b)\tthe period applying under subsection (3)(b)(i) of that section is—\n\t(i)\tunless subparagraph (ii) applies—every ensuing period of 2 years (with the period commencing on the second anniversary of the date on which the exploration licence is granted); or\n\t(ii)\ta period determined by the Minister; and\n\t(c)\tthe time within which a return must be furnished under subsection (3) of that section is within 60 days of the end of each period applying in accordance with paragraphs (a) and (b).\n26—Application for retention status\nFor the purposes of section 33B(2)(c) of the Act, the following information is prescribed:\n\t(a)\tin the case of a tenement holder who applies for the grant of retention status in relation to the exploration licence under section 33B(3)(a) of the Act—\n\t(i)\ta statement of the approval or approvals under another Act or Acts that the tenement holder has been unable to obtain, and details of any attempts to obtain such approvals; and\n\t(ii)\ta statement summarising the exploration operations undertaken under the exploration licence; and\n\t(iii)\tan estimate of the expenditure that has been incurred in respect of exploration operations undertaken on the area of land to which the application relates; and\n\t(iv)\tan estimate of the time that the applicant considers will be required to obtain the approvals under another Act or Acts that are required before the tenement holder can commence or continue exploration operations in relation to the land to which the application relates;\n\t(b)\tin the case of a tenement holder who applies for the grant of retention status in relation to the exploration licence under section 33B(3)(b) of the Act—\n\t(i)\tdetails of the mineral resource located in, on or under the land to which the application relates; and\n\t(ii)\ta statement declaring that the mineral resource has been appropriately identified and estimated; and\n\t(iii)\ta statement outlining the reasons the applicant considers it unreasonable to expect an application to be made for a mining lease or a retention lease because it is not commercially viable to spend time and money on developing the resource; and\n\t(iv)\ta statement outlining the reasons the applicant considers that mining the relevant land will become commercially viable within the next 6 years;\n\t(c)\tin the case of a tenement holder who applies for the grant of retention status in relation to the exploration licence under section 33B(3)(c) of the Act—\n\t(i)\ta statement summarising the exploration operations undertaken under the exploration licence; and\n\t(ii)\tan estimate of the expenditure that has been incurred in respect of exploration operations undertaken on the area of land to which the application relates; and\n\t(iii)\ta statement of the circumstances that the applicant considers justify the application, including details of any steps taken by the applicant to resolve those circumstances by other means;\n27—Division of area of licence\nFor the purposes of section 30AA(4)(b) of the Act, the following information is prescribed:\n\t(a)\ta description of the area that is to be surrendered in accordance with the requirements of section 56E of the Act;\n\t(b)\tan application that complies with the requirements of section 29A of the Act as if the designated party were applying for a new exploration licence in relation to the land to which the application relates and as if the land were open ground (subject to any necessary modifications);\n\t(c)\ta statement, in the form of a statutory declaration, declaring that—\n\t(i)\tthe designated party is not, in relation to the tenement holder, a related body corporate; and\n\t(ii)\tthe designated party or a related body corporate has not, within the preceding period of 2 years, held a mineral tenement in respect of the land to be surrendered;\n\t(d)\ta statement that there are no outstanding obligations or liabilities in respect of the land to which the application relates or, if there are any such obligations or liabilities, a commitment from the designated party to assume responsibility for those obligations and liabilities;\n\t(e)\tif the exploration licence falls within the ambit of regulation 77(1)(b)—a final compliance report as if the land to which the application relates were a tenement that was being surrendered by the tenement holder;\n28—Renewal of licence\n\t(1)\tFor the purposes of section 30A(4a)(a) of the Act, the following information is prescribed:\n\t(b)\ta statement—\n\t(i)\toutlining the exploration operations that the tenement holder intends to carry out under the exploration licence during—\n\t(A)\tthe first 2 years of operations under the renewed licence; or\n\t(B)\ta period determined by the Minister; and\n\t(ii)\tdeclaring the amount of expenditure that is estimated to occur in carrying out those operations;\n\t(c)\ta statement nominating the principal mineral or minerals that the applicant is seeking over the next term of the licence and the exploration model that the applicant intends to employ for the purposes of exploring for that mineral or those minerals;\n\t(d)\ta statement of the technical, operational and financial capabilities and resources available to the applicant for the purposes of carrying out operations under the renewed licence;\n\t(e)\ta statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n\t(2)\tAny information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n\t(3)\tAn application under section 30A(4) of the Act must be accompanied by the prescribed fee.\n29—Excise of land for public purposes\n\t(1)\tFor the purposes of section 30AB of the Act, the Minister may excise land by notice in the Gazette in a form determined by the Minister.\n\t(2)\tIf the Minister gives a notice under subregulation (1), the Minister must serve a copy of the notice on the tenement holder.\n","sortOrder":6},{"sectionNumber":"Part 8","sectionType":"part","heading":"Leases","content":"Part 8—Leases\n30—Additional information in connection with application for mining lease\n\t(1)\tFor the purposes of section 36(1)(d) of the Act, the following information is prescribed:\n\t(a)\ta statement nominating the principal mineral or minerals that are to be recovered under the mining lease;\n\t(b)\ta statement that provides detailed information about the mineral resource or ore reserve, or both;\n\t(c)\ta statement declaring that the mineral resource or ore reserve, or both, has been appropriately identified and estimated;\n\t(d)\ta statement of the technical, operational and financial capabilities and resources available to the applicant for the purpose of carrying out operations under the mining lease;\n\t(e)\ta statement that demonstrates—\n\t(i)\tthat there is a reasonable prospect that the land in respect of which the lease is sought could be effectively and efficiently mined; and\n\t(ii)\tthat appropriate environmental outcomes will be able to be achieved;\n\t(f)\ta statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n\t(g)\tsuch other information as may be determined by the Minister for the purposes of this regulation.\n\t(2)\tAny information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n31—Additional information in connection with application for retention lease\n\t(1)\tFor the purposes of section 44(1)(d) of the Act, the following information is prescribed:\n\t(a)\tif the application is being made under section 43(1)(a) of the Act—\n\t(i)\ta statement outlining the operations to be carried out to support an application for a mining lease; and\n\t(ii)\ta statement that provides detailed information about the mineral resource or ore reserve, or both; and\n\t(iii)\ta statement declaring that the mineral resource or ore reserve, or both, has been appropriately identified and estimated;\n\t(b)\tif the application is being made under section 43(1)(c) of the Act—\n\t(i)\ta statement nominating the principal mineral or minerals that are proposed to be recovered under a mining lease; and\n\t(ii)\ta statement that provides detailed information about the mineral resource or ore reserve, or both; and\n\t(iii)\ta statement declaring that the mineral resource or ore reserve, or both, has been appropriately identified and estimated; and\n\t(iv)\ta statement setting out the grounds for proposing that there are economic or other reasons which justify not proceeding immediately to mine the land under a mining lease; and\n\t(v)\ta statement setting out the reasons why the applicant considers that mining the relevant land will become commercially viable within the next 5 years;\n\t(c)\ta statement of the technical, operational and financial capabilities and resources available to the applicant for the purpose of carrying out operations under the retention lease;\n\t(d)\ta statement that demonstrates that appropriate environmental outcomes will be able to be achieved;\n\t(e)\ta statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n\t(2)\tAny information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n32—Notice of application for retention lease\nFor the purposes of section 56H(1)(a)(ii) of the Act, an application for a retention lease is exempt from the operation of that section if the applicant proposes to conduct only exploration operations in relation to the land to which the application relates.\n33—Notice of terms and conditions\nThe Minister must, before determining to grant a mining lease or a retention lease, notify the applicant of the proposed terms and conditions of the lease and give the applicant at least 28 days, or such longer period as the Minister may allow, to make submissions on those terms and conditions before the Minister finalises them (although the applicant may indicate that a shorter period of time is sufficient for the purposes of this regulation).\n34—Renewal of retention lease\n\t(1)\tFor the purposes of section 46(3)(b) of the Act, the following information is prescribed:\n\t(b)\ta statement outlining the reasons why the retention lease should be renewed;\n\t(c)\ta statement of the technical, operational and financial capabilities and resources available to the applicant for the purposes of carrying out operations under the renewed lease;\n\t(d)\ta statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n\t(2)\tAny information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n35—Notice of decision\nThe Minister must give an applicant for a mining lease or a retention lease, or for the renewal of a mining lease or a retention lease, notice of the outcome of the application.\n","sortOrder":7},{"sectionNumber":"Part 9","sectionType":"part","heading":"Miscellaneous purposes licences","content":"Part 9—Miscellaneous purposes licences\n36—Size\nFor the purposes of section 47(2) of the Act, the maximum permissible area of a miscellaneous purposes licence is—\n\t(a)\t250 hectares; or\n\t(b)\tan amount (greater than 250 hectares) determined by the Minister in a particular case.\n37—Additional information in connection with application for licence\nFor the purposes of section 49(1)(d) of the Act, the following information is prescribed:\n\t(a)\ta statement of the technical, operational and financial capabilities and resources available to the applicant for the purpose of carrying out operations under the miscellaneous purposes licence;\n\t(b)\ta statement that demonstrates that appropriate environmental outcomes will be able to be achieved;\n\t(c)\ta statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n38—Additional information in connection with infrastructure\n\t(1)\tSubject to subregulation (2), this regulation applies if an application for a miscellaneous purposes licence proposes that infrastructure, or additional infrastructure, be constructed or installed on the land in respect of which the licence is being sought and the infrastructure is of a kind that is capable of being shared with other persons.\n\t(2)\tThis regulation does not apply in relation to infrastructure excluded from the operation of the regulation by the Minister.\n\t(3)\tFor the purposes of section 49(1)(d) of the Act, the following information is prescribed in relation to any infrastructure referred to in subregulation (1):\n\t(a)\ta description of any similar infrastructure that exists in the region where the land is located;\n\t(b)\teither—\n\t(i)\tif infrastructure is identified under paragraph (a)—a statement as to why that infrastructure cannot be used for any relevant ancillary operations; or\n\t(ii)\tif infrastructure is not identified under paragraph (a)—a statement demonstrating the benefit (if any) that the infrastructure proposed to be constructed or installed under the miscellaneous purposes licence would provide to the region where the land is located, and outlining any proposal to share that infrastructure with any other person.\n\t(4)\tAny information provided under subregulation (3) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n39—Notice of terms and conditions\nThe Minister must, before determining to grant a miscellaneous purposes licence, notify the applicant of the proposed terms and conditions of the licence and give the applicant at least 28 days, or such longer period as the Minister may allow, to make submissions on those terms and conditions before the Minister finalises them (although the applicant may indicate that a shorter period of time is sufficient for the purposes of this regulation).\n40—Renewal of miscellaneous purposes licence\n\t(1)\tFor the purposes of section 51(3)(b) of the Act, the following information is prescribed:\n\t(b)\ta statement outlining the reasons why the miscellaneous purposes licence should be renewed;\n\t(c)\ta statement of the technical, operational and financial capabilities and resources available to the applicant for the purposes of carrying out operations under the renewed licence;\n\t(d)\ta statement by the applicant or a related body corporate outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n\t(2)\tAny information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n41—Notice of decision\nThe Minister must give an applicant for a miscellaneous purposes licence, or for the renewal of a miscellaneous purposes licence, notice of the outcome of the application.\n","sortOrder":8},{"sectionNumber":"Part 10","sectionType":"part","heading":"Scoping","content":"Part 10—Scoping\n42—Object of Part\nThe object of this Part is to establish a scheme that, in relation to mining leases, retention leases and miscellaneous purposes licences—\n\t(a)\tprovides the holders of a relevant tenement an opportunity to obtain greater certainty with respect to government and community expectations as to the scope of work and the level and extent of assessment relating to environmental impacts that are relevant to their authorised operations or proposed authorised operations, including by taking the initiative through the preparation and provision of scoping reports; and\n\t(b)\tprovides for projects to be categorised according to their level of potential environmental impacts and assigned to assessment pathways that are appropriate in their particular circumstances, after taking into account information and other material provided in or in connection with scoping reports; and\n\t(c)\tensures that project assessments are commensurate with the level of environmental impacts after taking into account project type, scale, duration and the sensitivity of the location of mining and ancillary operations; and\n\t(d)\tensures that projects are assessed within a scheme that promotes efficiencies, transparency and clarity as to approval pathways and technical assessments.\n43—Interpretation\nIn this Part—\n\t(a)\tthe holder of a mineral tenement that may lead to a relevant tenement; or\n\t(b)\tan applicant for a relevant tenement; or\n\t(c)\tan applicant for an approval to make a change in operations;\nrelevant tenement means a mining lease, a retention lease or a miscellaneous purposes licence.\n44—Application of Part\nThis Part may apply in relation to a particular project even if an application is yet to be made for a mining lease, retention lease or miscellaneous purposes licence.\n45—Scoping report\n\t(1)\tThe purpose of a report under this Part (a scoping report) is to gather, develop, assess and provide, to such extent as may be reasonable and relevant, information relating to 1 or more of the following:\n\t(a)\tcategorising the level of environmental impact of a relevant tenement or change in operations;\n\t(b)\tdetermining the reasonable and relevant level of detail for information to be provided to the Minister for the purposes of environmental impact assessment as part of the consideration of an application for a relevant tenement or change in operations;\n\t(c)\tidentifying and prioritising the issues that are associated with environmental impact assessment as part of the consideration of an application for a relevant tenement or change in operations;\n\t(d)\tdetermining the extent of work required to be undertaken for the purposes of environmental impact assessment as part of the consideration of an application for a relevant tenement or change in operations;\n\t(e)\tif it is relevant in the circumstances or is reasonable or appropriate to do so—determining the impacts of a relevant tenement or change in operations on people or communities, including by providing information about the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts).\n\t(2)\tA designated person may provide a scoping report to the Minister at any time that is reasonable and appropriate.\n\t(3)\tThe Minister may require a designated person to provide a scoping report if such a report has not been provided by the designated person.\n\t(4)\tA scoping report—\n\t(a)\tmust be provided in a manner and form determined by the Minister; and\n\t(b)\tin the case of a report required under subregulation (3), must be provided within a period, or at a time or stage, determined by the Minister.\n\t(5)\tThe Minister may require the designated person to furnish the Minister with any additional information specified by the Minister (and that information must be furnished within any period specified by the Minister).\n\t(6)\tAny information provided under this regulation must—\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n","sortOrder":9},{"sectionNumber":"Part 11","sectionType":"part","heading":"Common provisions","content":"Part 11—Common provisions\n46—Information relating to environmental impact assessment—initial application for tenement\n\t(a)\ta mining proposal under section 36(1)(c) of the Act; or\n\t(b)\ta retention proposal under section 44(1)(c) of the Act; or\n\t(c)\ta proposal accompanying an application for a miscellaneous purposes licence under section 49(1)(c) of the Act.\n\t(2)\tAn assessment of environmental impacts of any proposed operations in a proposal may be limited to those aspects of the environment that may reasonably be expected to be affected by the relevant authorised operations.\n\t(3)\tAn assessment of environmental impacts of any proposed operations and an outline of the measures that the applicant proposes to take to manage, limit or remedy those impacts must include a description of the anticipated impacts after the relevant measures have been taken.\n\t(4)\tA statement of the environmental outcomes that are expected to occur must include a set of completion outcomes assessed on a long term basis.\n\t(5)\tFor the purposes of sections 36(1)(c)(iii), 44(1)(c)(iii) and 49(1)(c)(iii) of the Act, the criteria to be adopted to measure the environmental outcomes that are set out in a proposal must include details about—\n\t(a)\twhat is to be measured and the form of the measurements that are to be used; and\n\t(b)\tthe locations where the relevant measurements are to be taken, or how such locations are to be determined; and\n\t(c)\twhat is proposed to be taken to constitute the achievement of the relevant outcomes (with consideration being given to any inherent errors of measurement); and\n\t(d)\tthe frequency of any measurement or monitoring; and\n\t(e)\tany background or control data that is to be used, or how any such data is to be acquired.\n\t(6)\tIn addition—\n\t(a)\tan assessment under subregulation (2) or (3); and\n\t(b)\ta statement of the environmental outcomes under subregulation (4); and\n\t(c)\tany criteria to be adopted under subregulation (5),\nmust take into account any scoping report accepted by the Minister under Part 10.\n\t(7)\tAny information or material provided for the purposes of a proposal must—\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n\t(8)\tWithout limiting subregulation (7), any criteria referred to in subregulation (5) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms).\n47—Consultation on proposed tenement\n\t(a)\ta mining proposal under section 36(1)(c) of the Act; or\n\t(b)\ta retention proposal under section 44(1)(c) of the Act; or\n\t(c)\ta proposal accompanying an application for a miscellaneous purposes licence under section 49(1)(c) of the Act.\n\t(2)\tFor the purposes of sections 36(1)(c)(iv), 44(1)(c)(iv) and 49(1)(c)(iv) of the Act—\n\t(a)\tthe consultation must at least comply with the following requirements:\n\t(i)\tthere should be a focus on engagement about the environmental outcomes that are expected to occur in connection with the proposed authorised operations;\n\t(ii)\treasonable steps should be taken to consult with the owner of land where the authorised operations are proposed to be carried out; and\n\t(b)\tthe results of the consultation undertaken in relation to a proposal must at least set out the following:\n\t(i)\tthe persons consulted;\n\t(ii)\tany issues of concern raised by the persons consulted;\n\t(iii)\tthe steps (if any) taken or proposed to be taken by the applicant to address those concerns.\n48—Social impact assessment\n\t(1)\tThis regulation applies to an application for—\n\t(a)\ta mining lease; or\n\t(b)\ta retention lease; or\n\t(c)\ta miscellaneous purposes licence; or\n\t(d)\ta change in operations.\n\t(2)\tFor the purposes of sections 36(1)(d), 44(1)(d), 49(1)(d) and 56R(1)(b)(ii) of the Act, the Minister may, if the Minister considers it appropriate to do so, determine that the following information be furnished to the Minister in connection with an application to which this regulation applies:\n\t(a)\ta description of the impacts on people and communities that are reasonably expected to occur as a result of authorised operations that are proposed to be carried out under the tenement or the proposed change in operations (as the case may be); and\n\t(b)\tan outline of the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts).\n\t(3)\tIn addition, the Minister must, in acting under subregulation (2), take into account any scoping report accepted by the Minister under Part 10.\n\t(4)\tAny information or material provided for the purposes of this regulation must—\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n\t(5)\tThis regulation—\n\t(a)\tdoes not limit or derogate from any assessment of social impact that must be undertaken as part of assessing environmental impact under the Act or these regulations; and\n\t(b)\tdoes not limit or derogate from the ability of the Minister to require information to be furnished to the Minister under the Act.\n49—Alteration of terms and conditions\n\t(1)\tFor the purposes of section 56J(2)(c) of the Act, the following matters are prescribed:\n\t(a)\twhere a term or condition of a mineral tenement to which the section applies is inconsistent with, limits or derogates from a provision of the Act;\n\t(b)\twhere a change will prevent or avoid a reoccurrence of a breach of the Act;\n\t(c)\twhere a change will address a term or condition of a mineral tenement to which the section applies that is incapable of being met;\n\t(d)\twhere a change will ensure that a term or condition of a mineral tenement to which the section applies is consistent with an amendment that has been made to the Act or any other Act.\n\t(2)\tFor the purposes of section 56J(6) of the Act, subsections (3), (4) and (5) of section 56J of the Act do not apply if the Minister determines that the change is required as a matter of urgency.\n50—Rental\n\t(1)\tFor the purposes of section 56M(2) of the Act, rental as set out in Schedule 2 is payable by the holder of a mineral tenement to whom section 56M of the Act applies in accordance with that Schedule.\n\t(2)\tRental will be calculated according to the total amount of land in respect of which the relevant mineral tenement is granted, and no allowance will be made for land that is not available for authorised operations or other activities under the relevant mineral tenement.\n\t(3)\tRental is to be paid annually in advance to the Department.\n51—Amalgamation of areas (terms and conditions of tenement)\nFor the purposes of section 56P(3)(b) of the Act, the Minister must provide to the tenement holder (or tenement holders) a copy of the proposed terms and conditions of the tenement for the purposes of consultation.\n52—Surrender on application\nFor the purposes of section 56X(2)(b) of the Act, the following information is prescribed:\n\t(a)\ta statement, accompanied by supporting evidence—\n\t(i)\tthat completion outcomes required under a program under Part 10A of the Act, or all mine completion objectives required under a mine operations plan under Part 11B of the Act, have been achieved (or if an outcome or objective has not been achieved, the reason for this situation and information about what the tenement holder has done, or proposes to do, in the circumstances); and\n\t(ii)\tthat all rehabilitation required to be undertaken has been completed or is in place;\n\t(b)\tin the case of a surrender of a part of the area of the mineral tenement—a map and description of the relevant areas, showing the area to be surrendered and the area to remain, that comply with the requirements of section 56E of the Act;\n\t(c)\tthe final compliance report, final royalty report and, if relevant, a final technical exploration report, required under these regulations;\n\t(d)\tthe following declarations, in the form of a statutory declaration:\n\t(i)\ta declaration that authorised operations have ceased;\n\t(ii)\ta declaration that there are no outstanding liabilities under the Act or these regulations;\n\t(iii)\ta declaration that all fees, royalties, rents or penalties under the Act or these regulations have been paid;\n\t(iv)\ta declaration that outlines any legal proceedings in respect of the tenement that involve the tenement holder as a party to those proceedings;\n\t(v)\tif relevant, a declaration that the tenement holder has a management plan in place for the management or transfer of any outstanding matters or liabilities;\n\t(vi)\tin the case of a private mine where the person carrying out mining operations is not the proprietor of the private mine—a declaration that the person who has been carrying out the operations has consulted with the proprietor of the mine;\n\t(e)\tan outline of the consultation undertaken by the tenement holder with the owner of the land about surrendering the mineral tenement and any rehabilitation or other work or activities to be carried out in connection with the surrender, including the issues raised by the owner and how those issues have been, or will be, addressed.\n53—Reinstatement of tenement—exploration licence\nFor the purposes of section 56Z(1)(a) of the Act, section 56Z of the Act applies to an exploration licence.\n54—Assessment reports—alteration of terms and conditions under section 56J of Act\nFor the purposes of section 56ZA(1)(h) of the Act, a decision to add, vary or revoke a term or condition of a mineral tenement under section 56J of the Act is prescribed.\n","sortOrder":10},{"sectionNumber":"Part 12","sectionType":"part","heading":"Change in operations","content":"Part 12—Change in operations\n55—Proposal to accompany application\n\t(1)\tFor the purposes of section 56R(1)(b)(i) of the Act, a proposal must—\n\t(a)\tspecify the change that is being proposed taking into account the changes referred to in section 56Q(3) of the Act; and\n\t(b)\tset out any changes that would apply (if the application for the change were to be approved) in relation to—\n\t(i)\tthe environmental impacts of the authorised operations carried out under the relevant tenement; and\n\t(ii)\tthe measures that are used, or to be used, to manage, limit or remedy those impacts; and\n\t(iii)\tthe environmental outcomes that are expected to occur; and\n\t(iv)\tthe criteria that have been adopted to measure the environmental outcomes associated with the relevant tenement; and\n\t(c)\tbe accompanied by a statement that demonstrates—\n\t(i)\tin the case of a mining lease—that the change will not adversely affect the ability of the tenement holder to ensure that land comprised in the tenement can be effectively and efficiently mined; and\n\t(ii)\tthat appropriate environmental outcomes will be able to be achieved; and\n\t(iii)\tthat the change will not adversely affect the ability of the tenement holder to comply with the other requirements of the Act.\n\t(2)\tA proposal must also, in relation to any proposed change to the criteria adopted to measure a particular outcome, include details about any change to—\n\t(a)\twhat is to be measured and the form of the measurements that are to be used; and\n\t(b)\twhat is proposed to be taken to constitute the achievement of the relevant outcome; and\n\t(c)\tthe locations where the relevant measurements are to be taken, or how such locations are to be determined; and\n\t(d)\tthe frequency of any measurement or monitoring; and\n\t(e)\tany background or control data that is to be used, or how any such data is to be acquired.\n\t(3)\tIn addition, a proposal must take into account any scoping report accepted by the Minister under Part 10.\n\t(4)\tAny information or material provided for the purposes of a proposal must—\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n56—Information on engagement on application for approval for change in operations\n\t(1)\tFor the purposes of section 56R(1)(b)(ii) of the Act, an application for the approval of the Minister under Part 8B Division 7 of the Act must set out information on the results of consultation undertaken by the tenement holder in relation to a proposal which must at least set out the following:\n\t(c)\tthe steps (if any) taken or proposed to be taken by the applicant to address those concerns.\n\t(2)\tThe consultation must at least comply with the following requirements:\n\t(a)\tthere should be a focus on engagement about any changes to the environmental impacts or outcomes that are expected to occur in connection with the proposed changes to authorised operations to be carried out under the tenement;\n\t(b)\treasonable steps should be taken to consult with the owner of land where the authorised operations are carried out.\n57—Consultation by Minister\nFor the purposes of section 56S(b) of the Act, the Minister is required to undertake consultation under Part 8B Division 2 of the Act if—\n\t(a)\tthere is an additional or different impact to the environment as a result of a proposed change to the operations to be carried out under the tenement; and\n\t(b)\tthe impact is significant.\n58—Notice of variation of terms or conditions\n\t(1)\tThe Minister must, before determining to vary the terms or conditions of a mineral tenement under section 56U of the Act, notify the applicant of the proposed variation and give the applicant at least 28 days, or such longer period as the Minister may allow, to make submissions on the variation before the Minister finalises it (although the applicant may indicate that a shorter period of time is sufficient for the purposes of this regulation).\n\t(2)\tFor the purposes of this regulation, a reference to a variation of terms or conditions of a mineral tenement includes a reference to adding or revoking 1 or more terms or conditions.\n59—Notice of decision\nFor the purposes of section 56V(2) of the Act, a notice to an applicant must be given in accordance with regulation 88.\n","sortOrder":11},{"sectionNumber":"Part 13","sectionType":"part","heading":"Funds","content":"Part 13—Funds\n60—Mining Rehabilitation Fund—prescribed period\nFor the purposes of section 62AA(3)(b) of the Act, the prescribed period is 24 months.\n61—Extractive Areas Rehabilitation Fund—prescribed rate\nFor the purposes of the definition of prescribed rate in section 63(5) of the Act, the lesser amount of 22 cents per tonne of extractive minerals is prescribed.\n","sortOrder":12},{"sectionNumber":"Part 14","sectionType":"part","heading":"Forfeiture and transfer of mineral tenement","content":"Part 14—Forfeiture and transfer of mineral tenement\n62—Forfeiture and transfer of mineral tenement\n\t(1)\tFor the purposes of section 70(1)(b) of the Act, section 70 of the Act applies in relation to an exploration licence.\n\t(2)\tFor the purposes of section 70(2a) of the Act—\n\t(a)\tan applicant must be able to demonstrate—\n\t(i)\ttheir capacity to meet the terms and conditions of the tenement; and\n\t(ii)\ttheir capacity to meet the outcomes, criteria and requirements of the relevant approved program under Part 10A of the Act; and\n\t(iii)\ttheir capacity to replace any bond or security in place under section 62 of the Act; and\n\t(iv)\ta history of compliance with the provisions of the Act and any designated Act; and\n\t(b)\tan application must be supported by—\n\t(i)\tevidence of technical, operational and financial capabilities and resources available to the applicant to undertake the operations contemplated by the relevant approved program under Part 10A of the Act; and\n\t(ii)\tevidence of the capacity to rectify or address the grounds on which the tenement would be forfeited, as applying under section 70(2b) of the Act; and\n\t(c)\tan application may not be made in relation to an exploration licence that was granted or has been transferred within the period of 2 years immediately preceding the date of the application.\n\t(3)\tFor the purposes of section 70(3a)(a) of the Act, a right to the transfer of a mineral tenement does not arise—\n\t(a)\tif the person on whose application the Court recommended forfeiture fails to notify the Minister, within 14 days after the Court makes its recommendation, in a manner and form determined by the Minister, that they wish to have the mineral tenement transferred to them; or\n\t(b)\tif the Minister does not consent to the transfer of the mineral tenement.\n","sortOrder":13},{"sectionNumber":"Part 15","sectionType":"part","heading":"Programs for environment protection and rehabilitation","content":"Part 15—Programs for environment protection and rehabilitation\n63—Preparation of program\n\t(1)\tFor the purposes of section 70B(2)(d) of the Act, a program under Part 10A of the Act must, in addition to the requirements set out in that section—\n\t(a)\tif the program relates to operations to be carried out under an exploration licence, a mineral claim or a mineral tenement determined by the Minister in a particular case—\n\t(i)\tinclude a description of the features of the environment that are expected to be affected by the proposed authorised operations; and\n\t(ii)\tinclude a description of the environmental impacts that may reasonably be expected to occur; and\n\t(b)\tset out the strategies that the tenement holder and any other person who may be acting on behalf of the tenement holder proposes to adopt to achieve the environmental outcomes under section 70B(2)(b) of the Act; and\n\t(c)\tset out a statement of the criteria to be adopted to measure the environmental and completion outcomes specified in the program, including details about—\n\t(i)\twhat is to be measured and the form of the measurements that are to be used; and\n\t(ii)\tthe locations where relevant measurements are to be taken, or how such locations are to be determined; and\n\t(iii)\twhat is proposed to be taken to constitute the achievement of the relevant outcomes (with consideration being given to any inherent errors of measurement); and\n\t(iv)\tthe frequency of any measurement or monitoring; and\n\t(v)\tany background or control data that is to be used, or how any such data is to be acquired; and\n\t(d)\twithout limiting paragraph (c), to the extent (if any) that there is a high level of reliance on control strategies to reduce risk to the environment—set out leading indicator criteria; and\n\t(2)\tSubregulations (1)(c)(iv) and (1)(d) do not apply in relation to a mineral claim or an exploration licence.\n\t(3)\tAny information or material provided for the purposes of a program under section 70B of the Act must—\n\t(b)\tstate any limitations that apply, or should apply, to the use of information; and\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n\t(4)\tWithout limiting subregulation (3), the criteria provided for the purposes of subregulation (1)(c) and (d) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms).\n64—Engagement on preparation and review of program\n\t(1)\tFor the purposes of section 70B(2)(d) and (e) of the Act, a program under Part 10A of the Act must, in addition to the requirements set out in that section and these regulations, include information on all consultation undertaken in connection with the preparation of the program that must at least set out the following:\n\t(c)\tthe steps (if any) taken or proposed to be taken by the tenement holder to address those concerns.\n\t(2)\tFor the purposes of section 70C(3)(a) of the Act, a tenement holder conducting a review of a program under Part 10A of the Act must include, in any revised program, information on all consultation undertaken in connection with the review which must at least set out the following:\n\t(c)\tthe steps (if any) taken or proposed to be taken by the applicant to address those concerns.\n65—Adoption of program\n\t(1)\tFor the purposes of section 70B(8) of the Act, any program determined by the Minister and published in the Gazette in connection with the operation of this regulation is adopted.\n\t(2)\tFor the purposes of section 70B(8) of the Act, the following classes of authorised operations are prescribed:\n\t(a)\toperations carried out within the area of a mineral claim;\n\t(b)\toperations under an exploration licence;\n\t(c)\toperations under a mining lease;\n\t(d)\toperations under a retention lease;\n\t(e)\toperations under a miscellaneous purposes licence.\n66—Review of program\n\t(1)\tFor the purposes of section 70C(3)(c) and (4) of the Act, a review must be completed and furnished to the Minister within 3 months after a direction of the Minister to review the program, or within such longer period approved by the Minister.\n\t(2)\tIn determining whether or not to approve a revised program under section 70C of the Act and, if so, any change to the terms and conditions applying in relation to a program, the Minister must have regard to any submissions or response received under section 70D(2) or (3) of the Act.\n\t(3)\tFor the purposes of section 70C(4a) of the Act, if a revised program has been submitted to the Minister for the purposes of section 70C(2)(a) of the Act, the Minister may determine that a lower prescribed fee is payable on submission of that revised program.\n\t(4)\tFor the purposes of section 70C(4a) of the Act, if a revised program has been submitted under section 70C of the Act merely because minor administrative revisions have been made to the program, the Minister may determine that a lower prescribed fee is payable on submission of that revised program.\n","sortOrder":14},{"sectionNumber":"Part 16","sectionType":"part","heading":"General provisions—environmental protection","content":"Part 16—General provisions—environmental protection\n67—Environmental directions\nFor the purposes of section 7(2a) of the Act—\n\t(a)\tsection 70E of the Act applies as if a reference to authorised operations included a reference to mining operations for the recovery of extractive minerals that are authorised under another Act insofar as that section relates to undue damage, or potential undue damage, to the environment; and\n\t(b)\tsection 70H of the Act applies as if it extended to an environmental direction issued in relation to authorised operations for the recovery of extractive minerals that are authorised under another Act as provided for by paragraph (a); and\n\t(c)\tthe powers of an authorised officer to carry out an authorised investigation under the Act apply in relation to authorised operations for the recovery of extractive minerals if the powers are exercised, or the investigation is, in connection with Part 10B of the Act.\n","sortOrder":15},{"sectionNumber":"Part 17","sectionType":"part","heading":"Special mining enterprises","content":"Part 17—Special mining enterprises\n68—Concept phase\n\t(1)\tFor the purposes of section 56BA(3)(a) of the Act, the following information is prescribed:\n\t(a)\tinformation demonstrating that the enterprise is of major significance to the economy of the State;\n\t(b)\ta statement outlining the principal mineral or minerals that the proponent is seeking to recover by undertaking the special mining enterprise and a general description of the operations that would be carried out for the purposes of the mining enterprise;\n\t(c)\tmaps and plans relating to the place where the mining enterprise is proposed to be undertaken;\n\t(d)\tan outline of the environmental impacts of the mining enterprise and of steps proposed to be undertaken to address or manage those impacts;\n\t(e)\tif so determined by the Minister in a particular case, a description of the impacts on people and communities that may reasonably be expected to occur as a result of the mining enterprise and the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts);\n\t(f)\ta statement of the technical, operational and financial capabilities and resources available to the proponent for the purpose of undertaking the mining enterprise;\n\t(g)\ta statement by the applicant outlining any contravention of, or failure to comply with, a provision of a corresponding law or designated Act in connection with authorised operations carried out by them within the preceding period of 5 years that resulted in—\n\t(iv)\tthe issuing of a notice, direction or order that required the suspension or discontinuance of any authorised operations or the rectification of any harm to the environment or the rehabilitation of any land, place or other aspect of the environment;\n\t(h)\ta statement identifying any exemptions or modifications with respect to the provisions of the Act that the proponent has under consideration in connection with the operation of section 56C of the Act;\n\t(i)\tsuch other information as may be determined by the Minister for the purposes of this regulation.\n\t(2)\tSubregulation (1)(e) does not limit or derogate from any assessment of social impact that must be undertaken as part of assessing environmental impact under the Act or these regulations.\n\t(3)\tAny information provided under subregulation (1) must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n69—Application phase\n\t(1)\tFor the purposes of section 56BB(1)(c) of the Act, the following information is prescribed:\n\t(a)\ta statement providing, addressing or outlining any additional information, requirement or action specified by the Director as part of the concept phase;\n\t(b)\ta statement outlining the results of any consultation undertaken in connection with the application, including information about—\n\t(i)\tthe persons consulted; and\n\t(ii)\tthe issues of concern raised by the persons consulted; and\n\t(iii)\tthe steps (if any) taken or proposed to be taken by the proponent to address those concerns;\n\t(c)\ta draft program that—\n\t(i)\tsets out the environmental outcomes that are expected to occur as a result of the mining operations and related or ancillary operations or works that are proposed to be carried out under the enterprise (including after taking into account any rehabilitation proposed by the proponent and other steps to manage, limit or remedy any adverse environmental impacts); and\n\t(ii)\tsets out a statement of the criteria to be adopted to measure those environmental outcomes, in a form determined by the Minister; and\n\t(iii)\tincorporates information about the ability of the proponent to achieve the environmental outcomes set out in the program; and\n\t(iv)\tif it is considered to be appropriate—sets out information about outcomes relating to impacts on people and communities and the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts); and\n\t(v)\taddresses any other matter determined by the Minister; \n\t(2)\tAny information provided for the purposes of a draft program must—\n\t(b)\tstate any limitations that apply, or should apply, to the use of information; and\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect.\n\t(3)\tWithout limiting subregulation (2), any criteria referred to in subregulation (1)(c) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms).\n\t(4)\tAny information provided under this regulation must be in a form determined by the Minister, be supported by such evidence as the Minister may determine, and comply with any requirement of the Minister relating to the amount or detail of information that must be provided.\n\t(5)\tFor the purposes of section 56BB(6) of the Act, notice of the approval of an applicant must be given to the applicant in accordance with regulation 88.\n","sortOrder":16},{"sectionNumber":"Part 18","sectionType":"part","heading":"Entry on land","content":"Part 18—Entry on land\n70—Entry on land\n\t(1)\tA person must, on serving a notice of entry under section 58A of the Act, keep a record that the notice has been served.\n\t(2)\tFor the purposes of section 58A(6) of the Act, a notice under section 58A of the Act must be served on the Mining Registrar.\n","sortOrder":17},{"sectionNumber":"Part 19","sectionType":"part","heading":"Private mines","content":"Part 19—Private mines\n71—Application of Act\nFor the purposes of section 73D(3)(p) of the Act, the following sections of the Act are specified:\n\t(a)\tsection 62, but only so that it applies in relation to authorised operations that are not operations for the recovery of extractive minerals;\n\t(b)\tsection 79A.\n72—Prescribed requirements for mine operations plans\n\t(1)\tThis regulation sets out the prescribed requirements relating to mine operations plans for the purposes of section 73G of the Act.\n\t(2)\tA mine operations plan must, in addition to the requirements set out in section 73G of the Act—\n\t(a)\tinclude a statement outlining the operations to be carried out at the mine; and\n\t(b)\tinclude a description of the features of the environment that are expected to be affected by operations at the mine; and\n\t(c)\tinclude a description of the environmental impacts that may reasonably be expected to occur; and\n\t(d)\tset out the measures that are used, or to be used, to manage, limit or remedy those impacts; and\n\t(e)\tset out the environmental objectives that are expected to be achieved; and\n\t(f)\tset out a set of criteria proposed to be adopted to measure the environmental objectives to be achieved in relation to the mining operations to be carried out at the mine and when operations at the mine will no longer be undertaken, including details about—\n\t(i)\twhat is to be measured and the form of the measurements that are to be used; and\n\t(ii)\tthe locations where relevant measurements are to be taken, or how such locations are to be determined; and\n\t(iii)\twhat is proposed to be taken to constitute the achievement of the relevant objectives (with consideration being given to any inherent errors of measurement); and\n\t(iv)\tthe frequency of any measurement or monitoring; and\n\t(v)\tany background or control data that is to be used, or how any such data is to be acquired; and\n\t(g)\twithout limiting paragraph (f), to the extent (if any) that there is a high level of reliance on control strategies to reduce risk to the environment—set out leading indicator criteria; and\n\t(h)\tinclude a statement of the capabilities of the person's ability to achieve the environmental objectives that are expected to occur; and\n\t(i)\tif so determined by the Director in a particular case, include a description of the impacts on people and communities that may reasonably be expected to occur and the measures that are to be used to manage, limit or remedy those impacts (in the case of negative impacts), or to facilitate or ensure those impacts (in the case of positive impacts); and\n\t(j)\tinclude such other information as may be determined by the Director for the purposes of this regulation.\n\t(3)\tAny information or material provided for the purposes of a mine operations plan must—\n\t(c)\tidentify any matter in relation to which there is a significant lack of information or a significant degree of uncertainty; and\n\t(d)\tso far as is relevant, identify the sensitivity to change of any assumption that has been made and any significant risks that may arise if an assumption is later found to be incorrect; and\n\t(e)\tbe in a form determined by the Director, be supported by such evidence as the Director may determine, and comply with any requirement of the Director relating to the amount or detail of information that must be provided.\n\t(4)\tWithout limiting subregulation (3), the criteria provided for the purposes of subregulations (2)(f) and (g) must, insofar as is reasonably practicable and appropriate, be expressed in quantitative terms (rather than qualitative terms).\n\t(5)\tSubregulation (2)(i) does not limit or derogate from any assessment of social impact that must be undertaken as part of assessing environmental impact under the Act or these regulations.\n\t(6)\tA mine operations plan must be provided in a manner and form determined by the Director.\n73—Engagement on preparation and review of mine operations plan\n\t(1)\tFor the purposes of section 73G(2)(c) of the Act, a mine operations plan must, in addition to the requirements set out in that section and these regulations, include information on all consultation undertaken in connection with the preparation of the plan in relation to—\n\t(a)\tengagement about the environmental objectives that are expected to be achieved in connection with operations carried out at the private mine; and\n\t(b)\tif the relevant mine is located on land vested in fee simple in a person other than the proprietor of the mine—reasonable steps taken to consult with that person,\nthat must at least set out the following:\n\t(c)\tthe persons consulted;\n\t(d)\tany issues of concern raised by the persons consulted;\n\t(e)\tthe steps (if any) taken or proposed to be taken by the person submitting the plan to address those concerns.\n\t(2)\tFor the purposes of section 73G(16) of the Act, a person conducting a review of a mine operations plan must—\n\t(a)\tundertake consultation that at least complies with the following requirements:\n\t(i)\tengagement about the environmental objectives that are expected to be achieved in connection with the operations to be carried out under the mine operations plan being reviewed;\n\t(ii)\tif the relevant mine is located on land vested in fee simple in a person other than the proprietor of the mine—reasonable steps should be taken to consult with that person; and\n\t(b)\tinclude, in any revised mine operations plan, information on all consultation undertaken in connection with the review which must at least set out the following:\n\t(i)\tthe persons consulted;\n\t(ii)\tthe issues of concern raised by the persons consulted;\n\t(iii)\tthe steps (if any) taken or proposed to be taken by the person conducting the review to address those concerns.\n74—Consultation by Director on mine operations plans\n\t(1)\tFor the purposes of section 73G(9) of the Act, this regulation applies in relation to a draft of the objectives and criteria for a mine operations plan that must be released for public consultation under section 73G(8) of the Act.\n\t(2)\tThe Director must issue, in such manner as the Director thinks fit, a notice—\n\t(a)\tidentifying the location of the mine; and\n\t(b)\tstating that a mine operations plan has been prepared for the mine and that the relevant objectives and criteria may be inspected at a place specified in the notice; and\n\t(c)\tinviting written submissions in relation to the draft objectives and criteria within a period specified in the invitation.\n\t(3)\tThe Director must also invite written submissions (to be submitted within the period specified under subregulation (2)(c)) on the draft objectives and criteria from—\n\t(a)\tif the relevant mine is located on land vested in fee simple in a person other than the proprietor of the mine—that person; and\n\t(b)\tif the relevant mine is located within the area of a council—that council.\n\t(4)\tThe Director must, in order to enable compliance with section 73G(10) of the Act, provide to the person who submitted the relevant draft copies of any submissions received by the Director within the relevant period applying under subregulation (2) and (3).\n\t(5)\tThe report required for the purposes of section 73G(10) of the Act must be submitted to the Director within 20 business days after copies of any submissions are provided under subregulation (4), or within such longer period as the Director may allow.\n\t(6)\tA submission under subregulation (2) or (3) cannot be made on the basis that the submission (or part of the submission) will be kept confidential.\n75—Review of mine operations plans\n\t(1)\tFor the purposes of section 73G(16) of the Act, a review—\n\t(a)\tmust be conducted taking into account the requirements of section 73G(2) of the Act (and so as to provide consistency with those requirements); and\n\t(b)\tmust include—\n\t(i)\tthe preparation of a report that contains the information determined by the Director; and\n\t(ii)\tif so required by the Director, a revised mine operations plan for the approval of the Director under section 73G of the Act.\n\t(2)\tFor the purposes of section 73G(17) of the Act, a review must be completed and furnished to the Director—\n\t(a)\tin the case of a review under section 73G(14) of the Act—within 3 months after a direction of the Director to review the mine operations plan, or within such longer period approved by the Director; or\n\t(b)\tin the case of a review under section 73G(15) of the Act—by the end of the relevant 7 year period, or at such other time approved by the Director.\n76—Registration of interests\n\t(1)\tFor the purposes of section 15AA(2)(l) of the Act, but subject to this regulation, the interest of a proprietor of a private mine is required to be registered on the register.\n\t(2)\tThe requirement under subregulation (1) only applies to the extent that the Mining Registrar is satisfied that the Mining Registrar has sufficient information to enable the registration to occur.\n\t(3)\tThe Mining Registrar may, for the purpose of obtaining information about the proprietor of a private mine, by notice in writing to a designated person, require the person, within a period specified in the notice—\n\t(a)\tto confirm or indicate whether the person is the proprietor of the private mine; and\n\t(b)\tif the person is not the proprietor of the private mine, or is not the sole proprietor of the private mine—to provide such information as the Mining Registrar may require about who is, or about who else is, the proprietor of the private mine.\n\t(4)\tA person who is subject to a notice under subregulation (3) must comply with the requirements of the notice.\n\t(5)\tIt is a defence to a charge for an offence under subregulation (4) for a person to prove that they took reasonable steps to comply with the requirements of the notice.\n\t(6)\tIn this regulation—\ndesignated person, in relation to a private mine, means—\n\t(a)\ta person who, according to information in the possession of the Mining Registrar, is the last known proprietor of the private mine; or\n\t(b)\ta person who is the current owner of the land where the private mine is situated.\n","sortOrder":18},{"sectionNumber":"Part 20","sectionType":"part","heading":"Reports","content":"Part 20—Reports\n77—Compliance reports\n\t(1)\tThis regulation applies in relation to—\n\t(a)\ta mineral claim; and\n\t(b)\tan exploration licence; and\n\t(c)\ta mining lease; and\n\t(d)\ta retention lease; and\n\t(e)\ta miscellaneous purposes licence; and\n\t(f)\ta private mine.\n\t(2)\tThe tenement holder in relation to a mineral tenement to which this regulation applies must provide to the Minister after the end of each reporting period a report (a compliance report) in accordance with the requirements of this regulation.\n\t(3)\tFor the purposes of subregulation (2), a reporting period is—\n\t(i)\tin relation to a private mine—each 12 month period ending on 30 June in each year; and\n\t(ii)\tin any other case—each 12 month period ending on the anniversary of the day on which the relevant mineral tenement was granted; or\n\t(4)\tA compliance report under subregulation (2)—\n\t(a)\tmust be provided within a period after the end of each reporting period determined by the Minister; and\n\t(5)\tIf a mineral tenement to which this regulation applies is being transferred, the transferor must provide to the Minister a compliance report in accordance with the requirements of this regulation—\n\t(a)\tunless paragraph (b) applies—in conjunction with the application for the Minister's consent to the transfer; or\n\t(b)\tat a time determined by the Minister in the particular case.\n\t(6)\tA compliance report under subregulation (5)—\n\t(a)\tmust relate to the period between the end of the last reporting period applying under subregulation (3) in relation to the mineral tenement and the date of the report; and\n\t(7)\tIf or when—\n\t(a)\ta mineral tenement to which this regulation applies expires, or is surrendered, cancelled or forfeited; or\n\t(b)\tpart of the area of a mineral tenement to which this regulation applies is surrendered, relinquished or reduced,\nthe tenement holder at that time must provide to the Minister a final compliance report—\n\t(c)\tunless paragraph (d) or (e) applies—\n\t(i)\tin the case of an expiry—before the expiration; or\n\t(ii)\tin the case of a surrender—at the time that the tenement holder applies for the surrender; or\n\t(iii)\tin the case of a cancellation or forfeiture—within 2 months of the date of the cancellation or forfeiture; or\n\t(d)\tin the case of a surrender, relinquishment or reduction of area by operation of section 30AAA, 30A or 33B of the Act—within 2 months after the date of the surrender, relinquishment or reduction; or\n\t(e)\twithin a period or at a time determined by the Minister in the particular case.\n\t(8)\tThe Director may exempt the holder of an exploration licence from a requirement under this regulation.\n78—Technical exploration reports\n\t(1)\tSubject to subregulation (2), this regulation applies in relation to—\n\t(a)\tan exploration licence; and\n\t(b)\tany other mineral tenement where the tenement holder carries out exploration operations.\n\t(2)\tThis regulation does not apply in relation to a class of tenement excluded from the operation of this regulation by a determination of the Minister.\n\t(3)\tThe tenement holder in relation to a mineral tenement to which this regulation applies must provide to the Minister after the end of each reporting period a report (a technical exploration report) in accordance with the requirements of this regulation.\n\t(4)\tFor the purposes of subregulation (3), a reporting period is—\n\t(i)\tin relation to a private mine—each 12 month period ending on 30 June in each year; and\n\t(ii)\tin any other case—each 12 month period ending on the anniversary of the day on which the relevant mineral tenement was granted; or\n\t(5)\tA technical exploration report under subregulation (3)—\n\t(a)\tmust be provided within a period after the end of each reporting period determined by the Minister; and\n\t(6)\tIf or when—\n\t(a)\ta mineral tenement to which this regulation applies expires, or is surrendered, cancelled or forfeited; or\n\t(b)\tpart of the area of a mineral tenement to which this regulation applies is surrendered, relinquished or reduced,\nthe tenement holder at that time must provide to the Minister a final technical report—\n\t(c)\tunless paragraph (d) applies—\n\t(i)\tin the case of an expiry or surrender—within 2 months of the date of the expiration or surrender; or\n\t(ii)\tin the case of a cancellation or forfeiture—within 3 months of the date of the cancellation or forfeiture; or\n\t(iii)\tin the case of a relinquishment or reduction of area—within 2 months after the date of the relinquishment or reduction; or\n\t(d)\twithin a period or at a time determined by the Minister in the particular case.\n79—Incident reports\n\t(1)\tIf or when the holder of a mineral tenement becomes aware of the occurrence of a reportable incident, the holder must ensure that the reportable incident is reported to the Minister in accordance with the requirements of this regulation.\nMaximum penalty: $10 000.\nExpiation fee: $1 500.\n\t(2)\tA reportable incident must be reported to the Minister as follows:\n\t(a)\tan initial report must be provided to the Minister within 24 hours after the holder of the tenement becomes aware of the occurrence of the incident;\n\t(b)\ta comprehensive report must be provided to the Minister—\n\t(i)\tunless subparagraph (ii) applies— within 1 month after the holder of the tenement becomes aware of the occurrence of the incident; or\n\t(ii)\twithin a period determined by the Minister in a particular case.\n\t(3)\tA report—\n\t(a)\tmust be provided in a manner and form determined by the Minister; and\n\t(b)\tmust contain the information determined by the Minister.\n\t(4)\tIn this regulation—\nreportable incident means—\n\t(a)\ta contravention of, or a failure to comply with, a condition of a mineral tenement; or\n\t(b)\ta failure to achieve, or a breach of, an outcome specified in a program under Part 10A of the Act; or\n\t(c)\ta contravention of, or a failure to comply with, a condition of a program under Part 10A of the Act; or\n\t(d)\ta triggering of any leading indicator criteria set out in a program under Part 10A of the Act; or\n\t(e)\taction that causes undue damage to the environment in connection with any operations carried out under a mineral tenement; or\n\t(f)\ta failure to comply with a direction under Part 10B of the Act within the time allowed in the direction; or\n\t(g)\taction that constitutes an authorised operation without being duly authorised by or under the Act; or\n\t(h)\ta failure to achieve, or a breach of, an outcome specified in a mine operations plan under Part 11B of the Act; or\n\t(i)\ta breach of the general duty under Part 11B of the Act; or\n\t(j)\ta failure to comply with an order under Part 11B of the Act within the time allowed in the order.\n80—Airborne surveys\n\t(1)\tThe holder of a mineral tenement who is intending to carry out an airborne survey over land must, in accordance with this regulation, notify the Minister of the holder's intention to carry out the survey.\nMaximum penalty: $2 500.\nExpiation fee: $250.\n\t(2)\tA notification—\n\t(a)\tmust be provided to the Minister at least 14 days before the airborne survey is due to be carried out; and\nairborne survey means—\n\t(a)\tan airborne geophysics survey; or\n\t(b)\tremote sensing techniques conducted from the air.\n","sortOrder":19},{"sectionNumber":"Part 21","sectionType":"part","heading":"Miscellaneous","content":"Part 21—Miscellaneous\n81—Public liability insurance\n\t(1)\tThe holder of a mineral tenement must, before commencing operations under the tenement and for the duration of the tenement, maintain a policy of public liability insurance indemnifying the holder, in an amount that is reasonable taking into account the kind of tenement, the nature and extent of the operations carried out under the tenement, and relevant industry standards, in relation to any action arising out of the operations carried out under the tenement and complying with any other requirement (if any) determined by the Minister.\nMaximum penalty: $20 000.\n\t(2)\tThe tenement holder must provide to the Minister a certificate evidencing the insurance coverage required by subregulation (1), and any endorsements or waivers relating to insurance coverage, in accordance with the requirements of this regulation.\n\t(3)\tA certificate under subregulation (2) must be provided to the Minister before operations commence under the relevant mineral tenement and then a current certificate must be provided to the Minister—\n\t(i)\tin relation to a private mine—by 30 June in each year; and\n\t(ii)\tin any other case—by each anniversary of the day on which the relevant mineral tenement was granted; or\n\t(b)\tif the Minister so determines—on another date in each year, or according to a particular frequency, determined by the Minister.\n\t(4)\tThe tenement holder must, in accordance with this regulation, notify the Minister—\n\t(a)\tif any insurance obtained for the purposes of this regulation lapses without having been renewed; or\n\t(b)\tif there is a change in an insurance policy obtained for the purposes of this regulation, including a change in the level of cover.\n\t(5)\tA notification under subregulation (4)—\n\t(a)\tmust be provided to the Minister within 14 days after the relevant event under that subregulation; and\n\t(c)\tmust contain the information determined by the Minister, and be accompanied by such information or documents as the Minister may determine.\n\t(6)\tA tenement holder must, at the request of the Minister, provide to the Minister a copy of the policy of insurance relating to the requirements that apply under this regulation within a period specified by the Minister.\n82—Confirmation of emergency direction\nFor the purposes of section 70FB(4) of the Act, confirmation of a direction will be given by a notice of confirmation, in a form determined by the Director, given to the person to whom the emergency direction has been issued.\n83—Confirmation of emergency order\nFor the purposes of section 73KA(4) of the Act, confirmation of an emergency order will be given by a notice of confirmation, in a form determined by the Director, given to the person to whom the emergency order has been issued.\n84—Declaration to accompany an application (general provision)\n\t(a)\tan application for—\n\t(i)\ta mining lease; or\n\t(ii)\ta retention lease; or\n\t(iii)\ta miscellaneous purposes licence; or\n\t(b)\tan application for a change in operations under Part 8B Division 7 of the Act; or\n\t(c)\tan application for the approval of a program, or for the approval of a revised program, under Part 10A of the Act.\n\t(2)\tAny information provided for the purposes of an application to which this regulation applies must be accompanied by a declaration, signed by the relevant prescribed person, to the effect that the person has taken reasonable steps to review the information and to ensure its accuracy.\nrelevant prescribed person means—\n\t(a)\tin the case of an application to which subregulation (1)(c) applies—the holder of the tenement in respect of which the program or revised program is to apply; and\n\t(b)\tin any other case—the applicant.\n85—Declaration to accompany an application (mine operations plans)\n\t(1)\tThis regulation applies to an application for an approval in relation to a mine operations plan, or the review of a mine operations plan, under Part 11B of the Act.\n\t(2)\tAny information provided for the purposes of an application to which this regulation applies must be accompanied by a declaration, signed by the person who is carrying out mining operations at the mine, to the effect that the person has taken reasonable steps to review the information and to ensure its accuracy.\n86—Fees\n\t(1)\tA designated person may—\n\t(a)\ton application; or\n\t(b)\ton the designated person's own initiative,\nwaive, reduce or refund (in whole or in part) a fee prescribed for the purposes of the Act in respect of a person or a class of persons.\n\t(2)\tA designated person may allow the payment by instalment of a fee prescribed for the purposes of the Act.\n\t(a)\tthe Minister; or\n\t(b)\tthe Mining Registrar; or\n\t(c)\tthe Director of Mines.\n87—Ministerial notices in connection with certain prescribed fees\n\t(1)\tThe Minister may, by notice in the Gazette, declare that an area of the State is an exploration regulation fee zone for the purposes of a prescribed fee payable in connection with an exploration licence.\n\t(2)\tThe Minister must specify in a notice under subregulation (1) whether an area declared in the notice to be an exploration regulation fee zone is a zone 1 exploration regulation fee zone, a zone 2 exploration regulation fee zone or a zone 3 exploration regulation fee zone.\n\t(3)\tA notice under subregulation (1) may declare more than 1 area of the State to be an exploration regulation fee zone.\n\t(4)\tThe Minister may, in connection with an application for approval under section 56R of the Act to make a change to which Part 8B Division 7 of the Act applies, determine by notice in the Gazette that a change of a kind specified in the notice is of a specified level (beginning with level 1) for the purposes of a prescribed fee payable in relation to that specified level of change.\n\t(5)\tA level of change determined by the Minister under subregulation (4) may vary in its application according to the matter to which it is expressed to apply.\n\t(6)\tThe Minister must, in connection with prescribed fees payable on the submission of—\n\t(a)\ta draft of objectives and criteria submitted to the Director under section 73G of the Act; or\n\t(b)\ta revised program submitted to the Minister under Part 10A of the Act,\npublish a notice in the Gazette setting out—\n\t(c)\ta series of tiers (beginning with tier 1) that apply for the purposes of classifying such drafts or programs; and\n\t(d)\tcriteria to be used in determining the tier to which particular drafts or programs belong.\n\t(7)\tA draft of objectives and criteria or a revised program is of a tier specified in a notice under subregulation (6) for the purposes of a prescribed fee if it is classified as such by the notice.\n\t(8)\tA notice made under this regulation may be varied or revoked by the Minister by subsequent notice in the Gazette.\n88—Service of documents\n\t(1)\tA notice or document required or authorised by or under the Act to be given to or served on a person (other than a designated person or a person who holds or may hold native title in land) may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted by registered post in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tif the person has an address for correspondence or service—at that address; or\n\t(c)\tbe served by email sent to an email address provided by the person (in which case the notice or document will be taken to have been given or served at the time of sending).\nNote—\nPart 5 of the Native Title (South Australia) Act 1994 sets out the method of service on all who hold or may hold native title in land.\n\t(2)\tA notice or document required or authorised by or under the Act or these regulations to be provided or given to or served on a designated person must be provided, given or served in the manner specified by the relevant designated person by notice in the Gazette.\n\t(3)\tIf a notice or document is given or served under subregulation (2)—\n\t(a)\tby email—the notice or document will be taken to have been given or served at the time of sending the email; or\n\t(b)\tby other electronic means—the notice or document will be taken to have been provided, given or served when the person providing, giving or serving the notice or document receives confirmation by those electronic means that the notice or document has been received by the designated person.\n\t(4)\tSubregulation (2) operates subject to any other provision made by these regulations.\n\t(5)\tIn this regulation—\n\t(a)\tthe Minister; or\n\t(b)\tthe Mining Registrar; or\n\t(c)\tthe Director of Mines.\n89—Administrative penalties\n\t(1)\tThe amount of an administrative penalty fixed by Schedule 3 applies in relation to an alleged contravention of a provision of the Act specified in that Schedule.\n\t(2)\tThe amount of an administrative penalty that is to apply in relation to an alleged contravention of a provision of these regulations is $2 500.\n90—Expiation of offences\nFor the purposes of section 92(1)(r) of the Act—\n\t(a)\tan offence under a section of the Act specified in Schedule 4 is an offence in respect of which an expiation notice may be issued; and\n\t(b)\tthe amount specified in Schedule 4 in relation to an offence under the relevant section of the Act specified in the Schedule is prescribed as the expiation fee for that offence.\n","sortOrder":20},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Items to be registered on mining register","content":"Schedule 1—Items to be registered on mining register\n\nA report published under section 14F of the Act\nAn instrument recording the existence of an agreement between the Treasurer and a person liable to pay royalty under section 17(9) of the Act\nA notification of a relevant event provided to the Minister under section 17AC of the Act\nAn instrument of approval to establish a successive mineral claim under section 27 of the Act\nAn instrument for the approval of the amalgamation of expenditure commitments under section 30AAA(10) of the Act\nAn instrument for the approval of the division of an area of an exploration licence under section 30AA of the Act\nAn instrument for the approval of retention status in relation to an exploration licence under section 33B of the Act\nA copy of a notice given by the Minister under section 33B(13) or (14) of the Act\nAn instrument providing for action taken by the Minister under section 56J of the Act\nAn instrument providing for action taken by the Mining Registrar under section 56O of the Act\nAn instrument providing for the amalgamation of the areas of 2 or more mineral tenements under section 56P of the Act\nAn instrument providing for the extension of the term of a mineral tenement under section 56Y of the Act\nAn instrument providing for the renewal of a mining tenement\nAn assessment report under section 56ZA of the Act\nAn instrument recording the existence of an agreement relating to entry to land between the person seeking entry and the owner of the land for the purposes of section 58A of the Act\nThe amount of a bond under section 62 of the Act\nA current copy of a program approved by the Minister under Part 10A of the Act\nA copy of a program audit developed for the purposes of section 70DA of the Act\nAn environmental direction issued by the Minister or an authorised officer under section 70E of the Act\nA rehabilitation direction issued by the Minister under section 70F of the Act\nA compliance direction issued by the Minister under section 70FA of the Act\nAn emergency direction issued by an authorised officer under section 70FB of the Act\nAn agreement or order relating to a civil penalty under section 70HE of the Act\nA current copy of a mine operations plan under section 73G of the Act\nA compliance order issued by the Director under section 73I of the Act\nA rectification order issued by the Director under section 73J of the Act\nA rectification authorisation issued by the Director under section 73K of the Act\nAn emergency order issued by an authorised officer under section 73KA of the Act\nA copy of the proclamation providing for the variation or revocation of the declaration of an area as a private mine under section 73N of the Act\nAn undertaking under section 74AA of the Act\nA compliance order under section 74A of the Act\nAn instrument recording the consent of an owner of land under section 75 of the Act\nAn instrument providing for an exemption granted by the Minister under section 79 of the Act\nAn instrument recording a consent or an agreement as to access under section 80 of the Act\nAn instrument recording a consent or an agreement that is taken to be provided under section 82 of the Act\nAn instrument relating to the seizure of machinery or goods under section 86 of the Act\nA report provided under section 90 of the Act\nA copy of a notice imposing an administrative penalty under section 91 of the Act\nAn instrument recording or evidencing the imposition of a criminal penalty under the Act\nAn instrument imposing an expiation fee under the Act\nDecisions, determinations and orders of the ERD Court or the Supreme Court where the Minister, the Director or the Mining Registrar was a party to the relevant proceedings\nA compliance report provided to the Minister under regulation 77\nA certificate evidencing the insurance coverage required by regulation 81\n","sortOrder":21},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Rental","content":"Schedule 2—Rental\n\nMining lease—\n\n\t(a)\tif the lease authorises the production of primarily extractive minerals; or\n$256.00 or $66.50 for each hectare or part of a hectare in the area of the lease, whichever is the greater\n\n\t(b)\tin any other case\n$302.00 or $80.50 for each hectare or part of a hectare in the area of the lease, whichever is the greater\nRetention lease—\n\n\t(a)\tif the retention lease authorises the carrying out of only exploration operations under the lease—\n\n\t(i)\twithin the period beginning on the day on which the lease was granted and ending on the day immediately before the 5th anniversary of the day on which the lease was granted; or\n$1124.00 or $26.00 per km2 in the area of the lease, whichever is the greater\n\n\t(ii)\twithin the period beginning on the 5th anniversary of the day on which the lease was granted and ending on the day immediately before the 10th anniversary of the day on which the lease was granted; or\n$1124.00 or $40.75 for each hectare or part of a hectare in the area of the lease, whichever is the greater\n\n\t(iii)\ton or after the 10th anniversary of the day on which the lease was granted; or\n$1124.00 or $118.00 for each hectare or part of a hectare in the area of the lease, whichever is the greater\n\n\t(b)\tin any other case\n$302.00 or $40.75 for each hectare or part of a hectare in the area of the lease, whichever is the greater\nMiscellaneous purposes licence\n$302.00 or $80.50 for each hectare or part of a hectare in the area of the licence, whichever is the greater\n","sortOrder":22},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Administrative penalties","content":"Schedule 3—Administrative penalties\n\nSection of Act\nAdministrative penalty\nsection 15AJ(1)\n$15 000.00\nsection 15AJ(2)\n$15 000.00\nsection 15AJ(3)\nsection 15AJ(4)\nsection 15AJ(5)\nsection 15AK(1)\nsection 25(2)\nsection 56E(4)\n","sortOrder":23},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Expiation fees","content":"Schedule 4—Expiation fees\n\nSection of Act\nExpiation fee\nsection 15AA(9)\n$210.00\nsection 15AG(3)\n$210.00\nsection 17AC(1)\nsection 17CA(8)\nsection 58A(1)\nsection 58A(2)\n$1 000.00\nsection 62AA(8)\nsection 90(6)\n","sortOrder":24},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 5—Transitional provisions\n1—Interpretation\nIn this Schedule—\nAmendment Act means the Statutes Amendment (Mineral Resources) Act 2019;\ncommencement day means the day on which these regulations commence;\nrevoked regulations means the Mining Regulations 2011.\n2—Exempt land\nThe amendments made to section 9 of the Act by the Amendment Act do not apply in relation to an application for a mineral tenement made before the commencement day (and those sections will continue to apply in relation to the application as if the amendments made to those sections had not been enacted).\n3—Subsequent exploration licences\nAn application for a subsequent exploration licence under section 30AB of the Act made before the commencement day that has not been determined before the commencement day will continue to be considered and determined under that section as if that section had not been repealed by the Amendment Act (and the Minister may grant a subsequent exploration licence as a result of the application for a period of up to 5 years).\n4—Inconsistent term or condition of exploration licence void\nOn or after the commencement day, a term or condition of an exploration licence that is inconsistent with the provision of the Act or these regulations will be void to the extent of the inconsistency.\n5—Minister may grant retention lease\nIf, before the commencement day, an application for a mining lease under Part 6 of the Act has been made but not finally determined, the Minister may, instead of granting the application, with the concurrence of the applicant for the mining lease (and on the basis of that application or such further application by the applicant as the Minister thinks fit), grant a retention lease under Part 7 of the Act.\n6—Collection of information and reports\nTo the extent that these regulations impose additional requirements when compared to the requirements under the revoked regulations—\n\t(a)\tin relation to the creation, collection, keeping or compilation of information or materials; or\n\t(b)\tin relation to the provision or production of—\n\t(i)\tinformation or materials; or\n\t(ii)\tany reports,\nthe additional requirements under these regulations—\n\t(c)\twill only relate to the creation, collection, keeping or compilation of information or materials on a prospective basis; and\n\t(d)\twill only require—\n\t(i)\tinformation and material to be provided or produced in accordance with those requirements to the extent that they relate to matters arising on or after the commencement day; and\n\t(ii)\treports to comply with these regulations to the extent to which they apply to a period commencing on the commencement day.\n7—Mineral tenements not subject to a program for environment protection and rehabilitation\n\t(1)\tThis clause applies to a mineral tenement in force immediately before the day on which the revoked regulations commenced that has not become subject to a program under Part 10A of the Act either by virtue of the operation of regulation 114(2) of the revoked regulations or for any other reason.\n\t(2)\tThe holder of a mineral tenement to which this clause applies must, within 12 months after the commencement of these regulations, notify the Minister in a manner and form determined by the Minister either—\n\t(a)\tthat the tenement holder intends to provide a program to the Minister in accordance with subclause (3); or\n\t(b)\tthat the tenement holder intends to surrender the tenement or allow the tenement to expire.\n\t(3)\tThe holder of a mineral tenement to which this clause applies who has provided a notice to the Minister under subclause (2)(a) must provide a program that complies with the requirements of subclause (4) to the Minister—\n\t(a)\twithin 24 months after the commencement of these regulations; or\n\t(b)\tif the Minister so determines—such period, being less than or more than 24 months, as the Minister may specify in a particular case.\n\t(4)\tA program required to be provided to the Minister under this clause must—\n\t(a)\tcomply with the requirements set out in section 70B(2) of the Act (and the relevant requirements under these regulations); and\n\t(b)\tbe accompanied by a declaration, signed by the holder of the tenement in respect of which the program is to apply, to the effect that the tenement holder has taken reasonable steps to review the information and to ensure its accuracy; and\n\t(c)\tbe accompanied by the prescribed fee.\n8—Rules of Warden's Court\nRules made by the Governor under section 66 of the Act before the commencement day continue as if they had been made by the senior warden under that section as in force after the commencement day.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\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.\nLegislation revoked by principal regulations\nThe Mining Regulations 2020 revoked the following:\nMining Regulations 2011\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\nGazette 19.11.2020 p5143 \n1.1.2021: r 2\nGazette 3.6.2021 p1824\n1.7.2021: r 2\nGazette 15.7.2021 p2825\n1.1.2021: r 2\nGazette 10.6.2022 p1468\n1.7.2022: r 2\nGazette 18.5.2023 p1047\n1.7.2023: r 2\nGazette 15.6.2023 p1776\n1.7.2023: r 2\nGazette 16.5.2024 p855\n1.7.2024: r 2\nGazette 23.5.2024 p1234\n1.7.2024 immediately after 26/2024: r 2\nGazette 11.7.2024 p2155\n11.7.2024: r 2\n(4)\nStatutes Amendment (Budget Measures) Act 2025\nPt 7 (s 12)—1.7.2024: s 2(3)\nGazette 15.5.2025 p1177\n1.7.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\nr 5\n\nr 5(a1)\ninserted by 67/2024 r 3(1)\nr 5(1)\namended by 67/2024 r 3(2)\nr 5(2)\namended by 67/2024 r 3(3)\nPt 3\n\nr 10\namended by 4/2025 s 12(1), (2)\nr 11\nsubstituted by 56/2023 r 3\nPt 21\n\nr 87\n\nr 87(4)—(7)\nsubstituted by 39/2024 r 3\nSch 2\nsubstituted by 60/2021 r 4\n\nsubstituted by 30/2022 r 3\n1.7.2022\n\nsubstituted by 45/2023 r 3\n\nsubstituted by 26/2024 r 3\n\namended by 39/2024 r 4(1), (2)\n\nsubstituted by 21/2025 r 3\n1.7.2025\nSch 5\n\n cl 8\ninserted by 110/2021 r 4\n1.1.2021\nSch 6\nomitted under Legislation Revision and Publication Act 2002\nHistorical versions\n\n1.7.2022\n\n","sortOrder":25}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislation text was not accessible due to a broken URL resulting from a website migration on 24 March 2026. No comparison between original intent and enacted content is possible."},"complexity_factors":["No legislative content was retrievable — only a website error page was provided","Unable to assess provisions, cross-references, defined terms, or regulatory obligations","Complexity score reflects the absence of analysable content, not the underlying regulations themselves"],"plain_english_summary":"The Mining Regulations 2020 (SA) are subordinate rules implementing the Mining Act regime in South Australia, setting requirements that affect miners, mining companies and regulators on licences, environmental and safety obligations, and reporting duties. \n\nThe regulation text couldn’t be retrieved from the supplied link (Page Not Found). To read the instrument, search www.legislation.sa.gov.au for “Mining Regulations 2020” or contact the Office of Parliamentary Counsel at OPCWeb@sa.gov.au."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the earlier Mining Regulations (2011) these regulations consolidate and significantly expand the operational detail that implements modern environmental assessment, reporting and data‑retention requirements introduced by the Amendment Act and the Mining Act framework. Particular expansions include: a formal scoping pathway and project categorisation for environmental assessment (Part 10, regs 42–45); detailed, quantified program and monitoring requirements including leading indicator criteria for control strategies (Part 15, regs 63–66); extensive electronic records and specific retention periods for a wide range of technical and production data (Part 5, reg 16); clearer, prescriptive obligations for insurance, incident reporting and compliance reporting (Parts 20–21, regs 77–81); and explicit schedules for rental, administrative penalties and expiation fees (Schedules 2–4). These additions move the regulations beyond purely administrative housekeeping and create substantive new compliance obligations and financial requirements for tenement holders (see regs 16, 45, 63, 77 and Schedule 2). The changes remain within the statutory scope of the Mining Act but represent a marked increase in prescriptive detail and regulatory reach relative to the revoked 2011 regulations (see Schedule 5 transitional provisions)."},"complexity_factors":["21 Parts and 5 Schedules with wide subject coverage (tenure, royalties, environment, reporting, special enterprises, private mines).","Extensive interpretation/defined terms in regulation 3, including a long list of industrial minerals (30+ specific minerals and catch‑alls).","Numerous cross‑references to the Mining Act 1971 (multiple sections cited throughout) and to other Acts (designated Acts listed in reg 3).","High ministerial and director discretion: many provisions require forms, periods, fees or classes to be ‘determined by the Minister/Director’ (e.g. regs 16, 23(2), 30(2), 63(3), 86).","Multiple, non‑uniform reporting and retention timeframes (e.g. 7 years for many records (reg 16); 24 months for Rehabilitation Fund period (reg 60); various 14‑, 28‑ and 60‑day deadlines across Parts).","Nested conditional rules and exceptions (for example, exemptions from returns (reg 12) subject to ministerial notice; release of designated material subject to five alternative events (reg 17)).","Schedules set out specific numerical regimes (rental Schedule 2; administrative penalties Schedule 3; expiation fees Schedule 4) that interact across Parts.","Transitional provisions (Schedule 5) preserving or phasing legacy situations add temporal complexity and special cases.","Multiple stakeholder engagement and consultation rules with differing minimum content requirements across Parts (regs 46–48, 64, 73).","Penalty regime spans criminal, administrative and expiation mechanisms with different enforcement paths and amounts (regs 77–90, Schedules 3–4)."],"plain_english_summary":"**What these regulations do, simply**\n\n- They set the practical rules that make the Mining Act 1971 work. The Mining Regulations 2020 specify what information mining companies and other tenement holders must provide, how and when they must provide it, what fees and rents they pay, how environmental and rehabilitation programs must be prepared and monitored, and what records must be kept. (See Parts 3, 5, 11, 13, 15 and Schedules.)\n\n- The regulations also create a scoping and assessment process for projects (Part 10), tighten data‑and‑reporting requirements (Part 5; Part 20), prescribe insurance and incident reporting obligations (regs 79–81), set rental and fee amounts (Schedule 2; regs 86–87), and list what must be entered on the mining register (reg 14; Schedule 1).\n\n**Who is affected**\n\n- Tenement holders: holders of mineral claims, exploration licences, mining leases, retention leases, miscellaneous purposes licences, and private mine proprietors. These people/companies carry the principal obligations for reporting, record keeping, insurance, and paying rents/fees (see Parts 5, 11, 19, 20, 21 and Schedules).\n\n- Applicants: people applying for tenements now must supply more detailed technical, financial and environmental material (see Parts 6–9, 17).\n\n- Owners of underlying land and local communities: consultation, social impact information and notice rules ensure owners and local stakeholders are engaged in particular stages (regs 46–48, 52, 64, 73).\n\n- Regulators and decision makers: the Minister, the Director of Mines and the Mining Registrar receive expanded powers to set forms, require information, classify projects, waive or vary fees and accept or reject programs (see regs 10, 14, 16–17, 36–41, 86–87).\n\n**Why it matters (mechanics and practical effects)**\n\n- Information and transparency: tenement holders must compile, retain and (on request or at fixed times) provide substantial technical, environmental and production data in electronic form for prescribed periods (typically 7 years) (reg 16). Some material is protected from public release until conditions are met (reg 17). That changes the flow of commercially sensitive geological and production data to the regulator.\n\n- Environmental assessment and controls: a formal scoping report pathway is established so projects are categorised and assigned an assessment pathway (Part 10, regs 42–45). Programs for environmental protection and rehabilitation must contain quantitative criteria, monitoring details and, where control strategies are heavily relied on, leading indicator criteria (regs 63–66). This raises the specificity expected of environmental plans and monitoring.\n\n- Ongoing compliance burden: regular compliance, technical and incident reporting are mandated with specific timeframes (Part 20, regs 77–80). Failure to comply attracts administrative penalties or expiation fees (regs 89–90 and Schedules 3–4).\n\n- Costs and cash flows: the regulation prescribes rents (Schedule 2), royalty calculation rules (Part 3, regs 9–13), rehabilitation fund contributions (reg 60–61), and fees (reg 86–87). Tenement holders bear these direct financial obligations.\n\n- Discretion of regulators: the Minister, Director and Mining Registrar have broad powers to determine forms, set periods, vary fees, exempt classes, require additional information and accept or reject programs (multiple provisions, e.g. regs 10, 16, 23(2), 31(2), 63(3), 86). That discretion affects predictability for applicants and holders.\n\n**Official rationale (as stated in the instrument) and practical trade-offs**\n\n- The regulations say they give certainty about government and community expectations, align assessment effort to likely environmental impacts and promote efficiency and clarity in approval pathways (Part 10, reg 42). That is achieved by requiring scoping reports, more detailed proposals, and quantitative criteria for outcomes and monitoring (regs 45, 46, 63).\n\n- Trade-offs and costs to note:\n  - Compliance costs and administrative overhead increase for tenement holders: more detailed studies, more frequent and structured reporting, record keeping in specified formats, insurance and annual certificates (regs 16, 77, 78, 81). These are real running costs.\n  - Timing and uncertainty: many requirements are “in a form and manner determined by the Minister/Director” or “as the Minister may determine” (repeated across Parts). That delegation concentrates decision power with officials and can create uncertainty about what exactly is required in particular cases (see regs 16, 23(2), 30(2), 63(3), 86). Implementation risk rises where standards are not published in advance.\n  - Confidentiality vs public interest: designated material is retained by the Director and not released for five years or until the tenement ends, unless made public or the holder consents (reg 17). That limits immediate public access to data while ensuring the regulator gets long‑term access.\n  - Concentrated benefit, diffuse cost: regulators and communities obtain more information and clearer assessment pathways; costs fall mainly on tenement holders via fees, rents, reporting and program obligations (Schedule 2; regs 16, 63, 77).\n\n**Who pays, who decides, how behaviour changes**\n\n- Who pays: tenement holders pay rents (Schedule 2), prescribed fees, royalty calculations and rehabilitation contributions (Parts 3, 13, 60–61; Schedule 2). They also pay for studies and third‑party consultants to meet reporting and program requirements.\n\n- Who decides: the Minister, Director of Mines and Mining Registrar set forms, accept programs, classify projects, determine fees and may waive or reduce fees in particular cases (regs 14, 16, 45, 63, 86–87). Courts and the Warden’s Court retain review roles in certain administrative actions (e.g. cancellation of claims—reg 21).\n\n- Behaviour changes expected: applicants and holders will prepare more detailed technical and environmental material, keep electronic records for specified retention periods, undertake structured consultation with landowners and communities, maintain insurance and report incidents promptly. Some applicants may alter project staging to fit scoping categories or to avoid higher assessment pathways.\n\n**Implementation and opportunity costs**\n\n- The detailed information and monitoring requirements shift costs from public assessment to private proponents (who must prepare scoping reports, programs, monitoring protocols and compliance reports). The regulatory discretion requires operators to invest in compliance systems and often to engage with the regulator early to understand expectations (see regs 45, 63, 64, 86)."},"kimi_summary":{"_metrics":{"completionTokens":841},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original purpose as operational rules under the Mining Act 1971. While the 2020 version introduced new environmental and social impact assessment frameworks, these represent evolutionary development of the regulatory scheme rather than scope creep. The structure remains focused on mineral tenement administration, royalties, and environmental protection as originally intended."},"complexity_factors":["21 Parts with 90 regulations plus 5 Schedules, creating extensive cross-referencing requirements","47 defined terms in the interpretation section alone, including complex nested definitions like 'designated Act' covering 15 separate statutes","Extensive conditional logic with multiple tiers, time periods, and exceptions (e.g., rental calculations in Schedule 2 have 6 different rate structures depending on tenement type and timing)","Repeated mandatory information requirements across multiple application types (regulations 23, 28, 30, 31, 34, 37, 40, 68, 69) with slight variations creating compliance traps","Detailed quantitative criteria requirements for environmental outcomes that must be expressed in measurable terms where possible","Overlapping reporting obligations with different timeframes—7-year retention for geological data, annual compliance reports, 24-hour incident reporting","Transitional provisions in Schedule 5 creating parallel compliance tracks for pre-2021 tenements","Ministerial discretion woven throughout with 'determined by the Minister' appearing in virtually every substantive provision"],"plain_english_summary":"These are South Australia's **Mining Regulations 2020**, which set out the detailed rules for how mining and exploration activities operate under the state's **Mining Act 1971**.\n\n**What this legislation does:**\n\nIt creates a comprehensive framework governing everything from **exploration licences** (permission to search for minerals) to **mining leases** (permission to extract them), plus special arrangements for **retention leases** (holding rights when mining isn't yet viable) and **miscellaneous purposes licences** (for infrastructure and other mining-related activities).\n\n**Key areas covered:**\n\n- **Applications and approvals**: Detailed requirements for what information miners must provide when applying for licences, including technical capabilities, financial resources, environmental impact assessments, and disclosure of any past environmental breaches\n- **Royalties**: Rules for paying the state for minerals extracted (52 cents per tonne minimum, with deductions allowed for genuine transport costs up to 30% of market value)\n- **Environmental protection**: Mandatory **Programs for Environment Protection and Rehabilitation** (PEPR) that set measurable environmental outcomes, plus requirements for **scoping reports** to assess impacts before major projects proceed\n- **Information and reporting**: Extensive record-keeping requirements—geological data, drill samples, survey results must be kept for 7 years and provided to the government; annual **compliance reports** and **technical exploration reports** are mandatory\n- **Land access**: Rules for entering private land, including notice requirements and the ability for landowners to waive exemptions from mining activities\n- **Private mines**: Special provisions for privately-owned mines, including **mine operations plans** with environmental objectives\n- **Rehabilitation funds**: Timeframes for the Mining Rehabilitation Fund (24 months) and rates for the Extractive Areas Rehabilitation Fund (22 cents per tonne)\n- **Insurance and penalties**: Public liability insurance requirements, administrative penalties up to $15,000, and expiation fees for minor offences\n\n**Who it affects:**\n\nAnyone seeking to explore for or mine minerals in South Australia—from major mining companies to small prospectors with **mineral claims** (up to 250 hectares). It also affects landowners whose property may be accessed, and the government officials who administer the system.\n\n**Why it matters:**\n\nThese regulations balance encouraging mineral development with protecting the environment and landholder rights. The detailed reporting requirements ensure the state maintains geological knowledge, while the environmental frameworks aim to prevent and remediate damage. The 2020 version introduced significant changes including the **scoping process** for early project assessment and expanded **social impact assessment** requirements."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/mining-regulations-2020","history":"/api/acts/mining-regulations-2020/history","analysis":"/api/acts/mining-regulations-2020/analysis","conflicts":"/api/acts/mining-regulations-2020/conflicts","importantCases":"/api/acts/mining-regulations-2020/important-cases","documents":"/api/acts/mining-regulations-2020/documents"}}