Mining Bill to improve landowner rights and promote investment in the regions


The Marshall Liberal Government welcomes the passage of the Mining Bill through Parliament. It will increase landowner rights, improve our state’s competitiveness across both the Mining and Agricultural sectors and promote further investment in our regions.

Some of the key benefits of the bill include:

  • Increased money available to landholders for legal advice by 500%;
  • Increased exempt land distance from assets such as homes from 400m to 600m for high impact operations;
  • Increased time for landowners to make decisions from 21 to 42 days after a notice is served;
  • New right for pastoral lessees to object to notices of entry to commence activities;
  • Increased compliance and enforcement tools to ensure all operations are undertaken in an environmentally accountable manner ;
  • Guaranteed payments to landowners with new powers to recover unpaid rent from mining companies;
  • Increased penalties for breaching exempt land and notice of entry obligations;
  • Plain English notices to make it easier for landholders to understand what is proposed and their rights;
  • Right for landholders to use more extractive minerals for ‘personal use’ on farm;
  • Right to compensation by ensuring that it is additional to rent paid to landowners;
  • Improved access to justice (if required) by allowing access to the Warden Court, Supreme Court and the Environment, Resources and Development Court;
  • New right for landowners to apply for a determination that their land is exempt;
  • Increased transparency via free access to the Mining Register, and increased access to regulatory documents.

Minister for Energy and Mining, Dan van Holst Pellekaan said the changes to the Mining Act will deliver tangible improvements for both landowners and the resources sector.

“Our government is committed to improving landowner rights, increasing protections for our environment and delivering more investment and jobs to our regional areas,” said the Minister.

“The changes mean landowners will have more time, more legal support, increased access to justice and stronger protections when approached by exploration and mining companies.

“This will simplify the process for all involved in exploration and mining operations, and introduce more stringent and modern environmental enforcement powers to ensure that operations and rehabilitation occur in line with approvals.

“Direct engagement with 70 organisations and over 500 individuals at community meetings throughout the state has contributed to the development of this bill.

“Agriculture and mining are both critical pillars of South Australia’s economy, bolstering the prosperity of regional communities across the state and they must both be supported to thrive.

“With the passage of this bill, we will now move on to developing and delivering the next tranche of improvements for both these important sectors and regional SA in general.”