Part 1Preliminary

Part 1—Preliminary 1—Short title These regulations may be cited as the Mining Regulations 2020. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Mining Act 1971; change in operations means a change in relation to a tenement to which Part 8B Division 7 of the Act applies; compliance report means a compliance report under regulation 77; corresponding law means an Act of another State or a Territory that contains provisions that substantially correspond with the Mining Act 1971; Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act; designated Act means— (a) the Aboriginal Heritage Act 1988; or (b) the Aboriginal Lands Trust Act 2013; or (c) the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or (d) the Environment Protection Act 1993; or (e) the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or (f) the Landscape South Australia Act 2019; or (g) the Maralinga Tjarutja Land Rights Act 1984; or (h) the National Parks and Wildlife Act 1972; or (i) the Native Title Act 1993 of the Commonwealth; or (j) the Native Vegetation Act 1991; or (k) the Offshore Minerals Act 2000; or (l) the Planning, Development and Infrastructure Act 2016; or (m) the Radiation Protection and Control Act 1982; or (n) the Work Health and Safety Act 2012; or (o) an Act of another State or a Territory that contains provisions that substantially correspond with an Act set out in paragraphs (a) to (n) (inclusive); designated material has the meaning given by section 15AI of the Act; dimension 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; industrial minerals means the following: (a) alunite; (b) anatase; (c) andalusite; (d) barite; (e) bentonite; (f) calcrete; (g) celestite; (h) cement shale; (i) diamond; (j) diatomite; (k) dolomite; (l) feldspar; (m) fire clay; (n) garnet; (o) graphite; (p) gypsum; (q) ilmenite; (r) kaolin; (s) kyanite; (t) leucoxene; (u) lime sand; (v) magnesite; (w) marble; (x) mica; (y) micaceous hematite; (z) monazite; (za) palygorskite; (zb) peat; (zc) phosphate; (zd) potash; (ze) rutile; (zf) salt; (zg) silica; (zh) silica sand; (zi) sillimanite; (zj) talc; (zk) vermiculite; (zl) wollastonite; (zm) xenotime; (zn) zircon; (zo) any 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; leading 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. (2) For 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. (3) For 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: (a) collecting 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; (b) undertaking 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. (4) The following are prescribed purposes under paragraph (a) of the definition of extractive minerals in section 6(1) of the Act: (a) chemical, cement, lime and glass manufacture; (b) metallurgical flux, refractories and industrial fillers; (c) foundries, fertiliser, agricultural, jewellery and crafted ornamental uses; (d) the production of dimension stone. 4—Exercise of rights over a road, street or highway (1) A 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. (2) However, 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. (3) An 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). 5—Exempt land—prescribed distance (a1) For the purposes of section 9(1)(ca) of the Act, the prescribed distance is 25 m. (1) Subregulation (2) applies in relation to— (a) a miscellaneous purpose licence; and (b) a retention lease; and (c) a mining lease. (2) For 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. 6—Waiver of exemption (1) For 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: (a) a copy of the approved program (if any) under Part 10A of the Act; (b) a copy of the relevant proposal; (c) a copy of any response of the tenement holder as required by the Minister under section 56H(4)(b) of the Act; (d) information 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. (2) For 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— (a) within 21 days after the agreement is entered into; or (b) when an application for the tenement is made under the Act, whichever occurs first.