Section 52 of the Mining Act 1971 (SA) (Mining Act) allows the Minister to grant a miscellaneous purpose licence (MPL) to any person in respect of mineral land for:
A Prescribed Form 17 is required to initiate the MPL application along with payment of the prescribed fee. The MPL must also identify the area to which the licence is to apply pursuant to regulation 52.
The Department of Primary Industries and Regions (PIRSA) have clarified the conditions under which a MPL may be granted, in their publication titled ‘Minerals Regulatory Guidelines Version 1.9: Guidelines for miners – mining approval processes in South Australia’. Generally, MPLs are suitable where the following applies to the proposed MPL activities:
While a mineral claim is not a prerequisite tenement to a MPL, the tenure of a MPL will be linked to the tenure of the primary mining lease or operation to avoid the existence of MPLs without clear linkage to an active mining operation. Where the proposed MPL does not share a common boundary with a mining lease, specific justification will be required from the applicant to demonstrate that no other tenure is practical and that the activity is integral to the economics of the mining activity.
Operations that may be suitable for the grant of a MPL include:
Operations that may not be considered appropriate for the grant of a MPL include:
While landowners (or pastoral leaseholders) do not have the right to object to or veto the grant of a MPL, they do have the right to make representations on the application to the Minister and also the right to compensation. In addition, the grant of a MPL or the activities authorised by a MPL are not considered ‘mining’ under the definition of the Native Title Act 1993 (Cth) and hence native title parties do not have the benefit of a formal negotiated agreement under Part 9B of the Mining Act. Any native title claimants do have the same rights as other landowners; that is, the right to make comments to the Minister on the MPL application and the right to compensation.
Section 54 of the Mining Act provides for compensation to landowners (or pastoral leaseholders) of land in respect of which a MPL is granted. The amount of compensation payable depends on individual circumstances, including
factors such as:
If parties are unable to negotiate the amount and type of compensation, either party may apply to the Warden’s Court (for amounts up to $250,000) or the Environment, Resources and Development Court (for amounts exceeding $250,000) for an order in relation to compensation.
William Esau
Director
p. +61 8 8124 1955
e. Email me
This communication provides general information which is current as at the time of production. The information contained in this communication does not constitute advice and should not be relied upon as such. Professional advice should be sought prior to any action being taken in reliance on any of the information. Should you wish to discuss any matter raised in this report, or what it means for you, your business or your clients' businesses, please feel free to contact us.