Mining and gas
Mining and gas exploration and developments on primary production land have become an issue for many primary producers. Since its formation, a number of concerns have been raised with PPSA and the commodity associations.
To date, these concerns have been raised particularly from the South East (Limestone Coast), Yorke Peninsula and Eyre Peninsula regions.
The PPSA NRM Committee has met with staff from the Department of State Development, with responsibility for the regulation of mining and gas activities. PPSA subsequently developed a statement of principles relating to mining and gas issues.
PPSA has provided public submissions to:
- The SA Natural Resources Committee’s Inquiry into Unconventional Gas (Fracking) in support of its commodity associations, outlining the key concerns of primary producers and emphasising the need for independent expert scientific advice on the potential impacts of fracking. To read the submission click here:Inquiry into Unconventional Gas (Fracking).
PPSA’s NRM Committee has also provided comments and recommendations on
- The review of requirements and guidelines for Mining Lease Proposals (MLPs) and Programs for Environment Protection and Rehabilitation (PEPRs) under the Mining Act 1971.
These will be areas of ongoing interest and activity for PPSA and the commodity associations.
INFORMATION FOR PRIMARY PRODUCERS
In South Australia, mining activities are covered by the Mining Act 1971, while petroleum, gas and geothermal activities are covered by the Petroleum and Geothermal Energy Act 2000. PPSA is currently working on developing resources to assist landholders to negotiate with mining, petroleum and geothermal energy explorers and companies.
Free legal advice is available to members of some commodity associations. If using a lawyer it is important to ensure they have experience in mining or energy resources; the Law Society of South Australia legal referral service enables users to search for lawyers with particular expertise.
The SARIG (South Australian Resources Information Geoserver) website provides the public with access to information about mining, petroleum and geothermal energy projects in SA, including exploration and production tenement boundaries and company details.
A program for landholders affected by mining on Eyre Peninsula has been initiated and funded by the Department of State Development (EPLUS). The EPLUS website includes a compilation of relevant documents and websites, including information about the rights of landowners under the Mining Act. Much of the information on the EPLUS website is relevant for other regions in SA.
NB: The EPLUS program covers mining activities, not petroleum and gas activities (see below).
The Department for State Development (DSD) Mineral Resources Division also has an Information for Landowners webpage which includes more information about landowners rights.
Saving Our Sustainability (an Eyre Peninsula community group) have prepared checklist to assist landholders determine if a mining or exploration company has provided them with notices that are compliant with the Mining Act 1971 and Mining Regulations 2011. The document can be accessed here.
Petroleum and Geothermal Energy
The Department for State Development (DSD) Energy Resources Division has advised PPSA that landowners should refer to the Petroleum and Geothermal Energy Act 2000 (PGE Act) (.pdf 350 KB) and Regulations 2013 (.pdf 225 KB) for information about their rights. In particular:
- Division 3 of the Act defines “owner of land”
- Part 10 of the Act outlines landowner rights
- Regulation 22 outlines requirements for content of notice of entry letters that PGE Act licensees need to submit to landowners under Part 10 of the Act.
There is some additional information on the DSD website including:
- The environmental approvals and regulatory processes here,
- Licencing and approvals process for exploration, retention and production activities in SA (170 KB) flowchart
- A frequently asked questions web page
- Liaison guidelines for landowners and petroleum and geothermal energy explorers in SA (512 KB) and
The South East Natural Resources Management Board has produced a fact sheet summarising the roles of government bodies in unconventional gas mining planning (142 KB) in the South East.
PPSA is working to improve the information available to landholders in relation to the PGE Act.
Information from Interstate
While legislation varies between states, there is some information from interstate that producers may find useful for negotiating with resource companies and developing agreements. Note: any agreement template from another state cannot be used without modification in South Australia and you should seek your own legal advice before developing an agreement:
- Land Access Checklist (850KB) produced by NSW Farmers
- Queensland Government and Industry Portal – includes tips for negotiating and standard agreements for conduct and compensation
- AgForce (Queensland) – webinar for negotiating with resource companies including what to consider in developing an agreement
- NSW Resources and Energy – land access arrangement template for mineral exploration
This webpage is for general information only. The contents of the webpage are not intended as professional advice and receivers of this information should rely on their own inquiries in making any decisions concerning their own interests based on their specific circumstances.
As this is general information only, Primary Producers SA Incorporated (PPSA) expressly disclaims all liability for any loss or damage arising from reliance upon any information in this Statement of Principles document.