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Mining Law & Lawyers

Mining leases, exploration rights, and resources regulation.

Australia mining law governs the exploration and extraction of minerals and petroleum in Australia. It differs substantially from the mining laws of other common law countries, the most important differences arising from the policy decision that the Crown should own all minerals.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

History of mining law

The first Australian mining laws were enacted in 1851. Before that, ownership of minerals and petroleum passed to those who were granted title to land by the colonial governors according to common law concepts, except the right to "Royal Mines" (the precious metals of gold and silver) which remained vested in the Crown by virtue of Royal prerogative. From 1855, colonial parliaments legislated for ownership of minerals to be retained by the Crown in future grants of freehold title. Thus, the situation developed where throughout Australia, the Crown in right of the State owns nearly all the minerals.

Mining Legislation

In relation to minerals situated within State boundaries, prima facie, the power to legislate for minerals remains with the States. However, despite the fact that the Constitution of Australia does not list minerals as an area over which the Federal Parliament has jurisdiction, a number of the Commonwealth Parliament’s powers encompass matters relevant to mining operations and any legislation of the Commonwealth based upon these powers will override any inconsistent State legislation. As to Commonwealth jurisdiction over the Territories, the constitutional limitations regarding mining operations conducted within the States have no application in the Northern Territory, or other Australian territories.

Each of the States and Territories has its own legislation regulating the exploration for and production of onshore minerals. The Commonwealth has no onshore mining legislation which is applicable in the States or Territories.

As to offshore minerals, the Commonwealth has sovereignty in respect of the territorial sea, and sovereign rights in respect of both the continental shelf and the exclusive economic zone for the purpose of exploitation of their natural resources. Thus, the sovereignty over minerals of the States and the Northern Territory extends only to the low-water mark and it is the Commonwealth which is entitled under international law to exercise sovereignty over minerals under the territorial sea, within the exclusive economic zone and on the continental shelf. However, following an agreement negotiated between the Commonwealth Government and the States in 1979, the Commonwealth conferred power on the States and the Northern Territory to make laws for matters including mining operations in respect of the coastal waters and granted them proprietary rights to the seabed.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

In addition, the Corporations Act 2001 and the Australian Stock Exchange Listing Rules contain special provisions governing the conduct and reporting requirements of mining companies.

Ownership of minerals

According to the maxim "to whomsoever the soil belongs, he owns also to the sky and to the depths", there is a presumption that a land owner also owns all minerals on or beneath the surface of that land. The presumption is subject to the exception of the Royal metals. As early as the sixteenth century, the common law has held that all gold and silver, whether situated on public or private land, has been owned by the Crown.This Royal prerogative has also been applied in Australia, by both common law and legislation.

However, the principle of the owner of land owning the minerals within it has been virtually abolished by statute in Australia. The general rule is that the Crown (in right of the State) owns all minerals. This has been implemented by statute; initially by enacting that all future grants of land must contain a reservation to the Crown of all minerals. Now, all new grants of freehold titles in Australia have provided that all minerals were reserved to the Crown.

In respect of titles granted prior to the legislation, the owner of the land retained ownership of the minerals (except the Royal metals of gold and silver). That owner may grant a profit à prendre to enter and take minerals.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Crown ownership of minerals has been made universal in Victoria and South Australia by legislative expropriation of all minerals. In Tasmania and New South Wales, this approach of legislative expropriation has been applied on a selective basis (in Tasmania, for gold, silver, oil, hydrogen, helium and atomic substances, and, in New South Wales, for coal). The Crown, pursuant to statute, may grant various leases or licences to enter onto land and take minerals.

State ownership of minerals has had the important result that governments, rather than private landholders, determine the legal regimes governing mineral exploration and production.

Ratified agreements

Large mining operations are likely to be regulated by a ratified agreement, sometimes also called a "state agreement", an "agreement act", a "government agreement" or a "special agreement act". The basis of such an agreement is that the State contracts with the miner in the form of a written agreement which is ratified by a statute of that State or Territory Parliament. This ratification ensures that its provisions override any inconsistent provisions under the general mining legislation or any other statutes of that State or Territory.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Mining Accidents & Mining Injuries

Mining accidents can have a variety of causes, including leaks of poisonous gases such as hydrogen sulfide or explosive natural gases, especially firedamp or methane,[2] dust explosions, collapsing of mine stopes, mining-induced seismicity, flooding, or general mechanical errors from improperly used or malfunctioning mining equipment (such as safety lamps or electrical equipment). Use of improper explosives underground can also cause methane and coal-dust explosions.

Working in mines is one of the most vulnerable of the professions as there are so many chances of getting hurt or encountering various kinds of mining accidents. It is so because the mining industry is a very dangerous field for all the workers who are employed in it as a dangerous mining accident can take place anytime. There are many times when the accidents may also prove to be fatal or may render the victim  as disabled for life. So, it is very necessary that all the proper precautions and measures are always taken by the employers to provide workers with very safe and protected operating procedures in order to prevent any of these mishaps.

Most commonly, a mining accident leads to the following mining injuries:

  • Lung diseases
  • Electric shocks
  • electrical equipment caused burns
  • Fatal accidents from injuries
  • Death from respiratory diseases
  • other bodily injuries to back, neck, shoulder, legs, arms, hands, feet etc
  • Injuries caused by heavy lifting
  • Injuries caused from using equipment

When any of the mining workers suffers from an accident at the work site then he is liable to seek a compensation amount. Compensation is crucial to suffice for the injuries that the mining worker has undergone as there a lot of expenses that he has to take care of. He has to pay for the strenuous medical bills, the hospital trips and all the costly treatments that he needs to undergo to get his life back on healthy track. Most importantly, as he suffers from the deadly accident, the worker might have to stay at home temporarily or permanently. He needs money to fill this gap when he is unable to work and thereby take care of the basic needs of food and clothing of his family.

It is very important that the victim worker files for the compensation claim so that he can cater to his monetary needs and render his burdens easy. If the worker does not lodge for his compensation in time then his claim may get rejected and may get considered as invalid by law.

If you have been injured from a mining accident, then please complete your free legal enquiry form on the right to request legal advice.

Industrial Accidents and Injuries

Common Industrial Accidents Leading To Compensation

Common causes of industrial injury are poor ergonomics in the workplace, poor manual handling of heavy loads, misuse or failure of equipment, exposure to hazards such as fire or toxic substances such as asbestos, improper use of, or badly maintained vehicles such as forklift trucks, cranes and HGVs. Industrial accidents can also result from inadequate safety training and clothing, exposure to dangers such as electrical burns, electrical shocks and chemical burns; as well as explosions, toxic gases and liquids, falls from height and contact with moving machinery and power tools.

Exposure to extreme atmospheres and temperatures – severe cold and heat – a lack of oxygen, carbon monoxide poisoning, being caught between crushing objects, lack of air, contamination of water supplies, radiation, the collapse of structures – including buildings, walls, scaffolds and other loads.

If you suffered injury due to an industrial accident similar to the above or your health suffered and if you feel your injury or illness at work was not your fault you could claim personal injury compensation.

If you have been injured from an industrial accident, then please complete your free legal enquiry form on the right to request legal advice.

Industrial injury claims, include the following:

  • Asbestos Injury Claims
  • Asthma Personal Injury Claims
  • Industrial Deafness Clams
  • Carbon Monoxide Poisoning Claims
  • Manual Handling Accident Claims
  • Industrial Dermatitis Claims
  • Industrial Emphysema Compensation Claims
  • Farmer’s Lung Claims
  • Industrial Lifting Claims
  • Machinery Accident Compensation Claims
  • Respiratory Disease Claims
  • Truck and Vehicle Accidents
  • Slip, Trip and Fall Claims
  • Forklift Truck Accident Claims
  • Crane Injury Compensation Claims
  • Stress Related Injury Claims
  • Hand Arm Vibration Syndrome (HAVS) Claims
  • Industrial Deafness Injury Claims
  • Mercury Poisoning Compensation
  • Mesothelioma Claims
  • Silicosis Compensation Claims
  • Vibration White Finger Injury Claims

Employers have a duty of care to ensure a working environment where industrial injury risks and risks of industrial disease are kept to the minimum.

Agriculture, manufacturing, engineering and construction continue to be the most dangerous industries. The injuries that occur in these industries form the basis of the majority of industrial compensation claims.

Compensation Lawyers can deal with all types of industrial injury claims, including compensation claims for industrial injuries and industrial diseases in the following sectors:

  • Air transport
  • Recycling and Waste Management Claims
  • Armed Forces Injury Claims
  • Catering, Cleaning Compensation Claims
  • Police, Fire and Rescue Services Compensation Claims

Other industries resulting in annual injury compensation claims include:

  • Quarry Injury Industrial  Claims
  • Railways Injury Claims
  • Textile Industry Industrial Compensation Claims
  • Food and Drink Manufacturing Claims
  • Paper Manufacturing and Printing Injury Claims
  • Road Haulage Compensation Claims
  • Tree Work and Parks Management
  • Warehouse Injury Compensation Claims

Compensation Lawyers also deal with industrial injuries in the Gas and Oil industry, Haulage Industries, Private Health Care Sectors; as well as Mining Injury Claims, Motor Vehicle Worker Claims and Nuclear Industry Worker Compensation Claims.

If you have been injured from an industrial accident, then please complete your free legal enquiry form on the right to request legal advice from a compensation lawyer.

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Mining Law & Lawyers News

NEWS & FURTHER INFORMATION: Mining Law & Lawyers

Identification of and compliance with all current legislative requirements that may be applicable to the operation of a particular mine operation is the responsibility of the mine owner or operator.

Listed below are some of the main South Australian and Commonwealth legislation, in addition to the Mining Act 1971 and Mining Regulations 1988, applicable to mining operations. This list is not exhaustive.

Aboriginal Heritage Act
Australian Radiation Protection and Nuclear Safety Agency
Controlled Substances Act
Dangerous Substances Act
Defence Act (Commonwealth)
Development Act
Environment Protection Act
Environment Protection and Biodiversity Conservation Act
Explosives Act
Mines and Works Inspection Act and Regulations
National Parks and Wildlife Act
Native Vegetation Act and Regulation
Natural Resources Management Act
Occupational Health Safety and Welfare Act and Regulation
Radiation Protection and Control Act
Public and Environmental Health Act
River Murray Act and Regulations

Aboriginal Heritage Act

It is an offence to disturb Aboriginal sites, objects or remains under the Aboriginal Heritage Act 1988 (external site, opens in new window). The Act provides protection for all Aboriginal objects, remains, sites of spiritual, archaelogical, anthropological and historical significance whether they are registered or not.

It is recommended that exploration companies liaise with Aboriginal groups and individuals to avoid damaging sites.

Details of the Act and guidelines for complying with the Act are given in

Information sheet M29 Aboriginal Heritage Act 1988 and Aboriginal Site Avoidance Guidelines (.pdf 181.7kb, opens in new window)

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Australian Radiation Protection and Nuclear Safety Agency

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) (external site, opens in new window) produces codes and standards to assist with safe use of radiation for medical and industrial purposes. All mine operators are required to comply with the Code of practice and safety guide for radiation protection and radioactive waste management in mining and mineral processing, Radiation Protection Series No. 9 (2005) (external site, opens in new window)

Controlled Substances Act

If cyanide is to be used on the mine site, under the Controlled Substances Act 1984 (external site, opens in new window) and Controlled Substances (Poisons) Regulations 1996 (external site, opens in new window), a user must be in possession of a permit to purchase, possess and use cyanide. The permit is issued subject to conditions.

Dangerous Substances Act

If cyanide is stored at a mine, under the Dangerous Substances Act 1979 (external site, opens in new window) , the site must comply with the requirements for spill control, segregation from food, medicine and incompatible chemicals, security from unauthorised access and, where applicable, licensing.

Vehicles transporting cyanide must comply with the Australian code for the transport of dangerous goods by road and rail.

Defence Act

The Woomera Prohibited Area is a large area in South Australia which has been designated under the Defence Act 1903 (Commonwealth) (external site, opens in new window) and Defence Force Regulations 1952 (Commonwealth) (external site, opens in new window) for use by the Commonwealth of Australia for the testing of war materials. Through the Area Administrator Woomera, the Commonwealth has the authority to control all access to this area. The Instrumented Range is a smaller area closer to Woomera itself in which monitoring of war materials are undertaken on a more regular basis.

The Earth resources information sheet M32 Mineral exploration within the Woomera Prohibited Area and Woomera Instrumented Range is currently unavailableas an update is in progress.

In the case of mining leases, direct negotiation with the Department of Defence will be required.

Development Act

Some large mining projects may be deemed to be of major environmental, social or economic impact, and may be required to be assessed and approved under the Development Act 1993 (external site, opens in new window). A guide on assessment of major developments is available from Planning SA (external site, opens in new window) .

In those parts of the state that are exempt from the Native Vegetation Act (i.e. Adelaide metropolitan area), the Development Act protects 'significant trees' (trees that meet specified circumference and height criteria or are identified as significant trees within a development plan) from damage or removal without approval. Approval may be obtained from the relevant local council authority.

Under the Development Regulations 2008 (external site, opens in new window) some built structures are subject to building rules requirements, but only where the structures are housing, offices or other buildings not directly related to the mining operations. Building rules consent may be obtained from the relevant local council authority.

All proposals within those areas of the state listed in Schedule 20 of the Develoment Regulations require PIRSA to consider the advice of the Extractive Industries Committee (part of the Development Assessment Commmission, Planning SA). This is arranged by PIRSA prior to the offer of the lease being made.


Environment Protection Act

The Environment Protection Act 1993 (external site, opens in new window) applies to mining operations. Section 25 of the Act imposes a duty on all persons to take all reasonable and practicable measures to prevent or minimise environmental harm.

The Environment Protection Authority (SA) (EPA) (external site, opens in new window) issues guidelines on what are considered reasonable and practicable measures to avoid environmental harm; those relevant to mining include, but are not limited to, the following:

noise
air pollution impact assessment using design ground-level pollutant concentrations
bunding and spill management
landfill environment management plants
odour assessment using odour source modelling
wastewater and evaporation lagoon construction.

If the proposed mining operation involves activities listed in Schedule 1 of the Environment Protection Act (e.g. mineral processing), an authorisiation in the form of a works approval is required from the EPA and a licence must be obtained before these activities may commence.

There are a number of environment protection policies relevant to mining oeprations and mineral processing. These include, but are not limited to, the following:

Environment Protection (Air Quality) Policy 1994 (external site, opens in new window) (mandatory)
Environment Protection (Water Quality) Policy 2003 (external site, opens in new window) (mandatory)
Environment Protection (Noise) Policy 2007 (external site, opens in new window)

Environment Protection and Biodiversity Act

Approval is required under the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) (external site, opens in new window) for proposals that are likely to have a significant impact on a matter of 'national environmental significance' or the environment of Commonwealth land (even if taken outside Commonwealth land). The Commonwealth provides guidelines on what are matters of national envrionmental significance but, where there is some doubt, the matter must be referred to the Commonwealth Environment Minister for a decision.

Explosives Act

The Explosives Act 1936 (external site, opens in new window) regulates the transport and storage of explosives.

Mines and Works Inspection Act and Regulations

The Mines and Works Inspection Act 1920 (external site, opens in new window) and Mines and Works Inspection Regulations 1998 (external site, opens in new window) prescribe a range of requirements in relation to environmental and safety issues in operating mines.

National Parks and Wildlife Act

The National Parks and Wildlife Act 1972 (external site, opens in new window) specifies protected species of plants and naimals. Disturbance to these species may require a permit under this Act.

The Act allows mining activities to take place in regional reserves and some parks, subject to the approval of the Mininster for Environment and Conservation. In the case of mining leases, if the ministers do not agree on the grant of the lease, the matter is resolved in Cabinet.

Native Vegetation Act and Regulations

The Native Vegetation Act 1991 (external site, opens in new window) exempts mining operations from the requirement to seek approval to clear native vegetation. However, the exemption is subject to a requirement that all mining operations (other than exploration) that involve the clearance of native vegetation must be undertaken in accordance with a management plan that the Native Vegetation Council is confident will result in a significant enviromental benefit. The approval of the significant environmental benefit management plan has been delegated to PIRSA, and the plan should be included in the proposal or Mining and Rehabilitation Program (MARP).

Natural Resources Management Act

Provisions of the Natural Resources Management Act 2004 (external site, opens in new window) relate to control of plant and/or animal pests and diseases, soil conservation and land care, and protection of surface and underground water resources.

A permit is required to undertake activities in watercourses specified in relevant catchment water management or natural resources management plans. A permit application must be made to the Department of Water, Land and Biodiversity Conservation (external site, opens in new window).

Permits and licences may also be required to access underground or surface water resources.

Occupational Health, Safety and Welfare Act and Regulations

All mine and quarry operators must comply with Part 3 (General provisions related to occupational health, safety and welfare) of the Occupational Health, Safety and Welfare Act 1986 (external site, opens in new window) and the Occupational Health, Safety and Welfare Regulations 1995 (external site, opens in new window), Division 5.12 (Mining work).

There are also other provisions under this legislation that may be relevant to a particular mine or quarry (depending on the number of employees, facilities and infrastructure located and used etc.).

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Radiation Protection and Control Act

The Radiation Protection and Control Act 1982 (external site, opens in new window) has requirements for the management of public and occupational radiation exposures, and protection of the environment. Radioactive ores are defined as >200 ppm uranium and/or >500 ppm thorium, but these levels are expected to be lowered in the near future. An operation mining radioactive ores may require a licence with conditions to ensure proper management of these issues and of any radioactive wastes produced. Appendix A2 of the Minerals Regulatory Guidelines MG1: Guidelines for miners: mining approval processes in South Australia (.pdf 663.4kb, opens in new window) provides more detail on this process.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Public and Environmental Health Act

All sewage systems installed as part of mining operations must be approved by the Department of Health under the Public and Environmental Health Act 1987 (external site, opens in new window)

River Murray Act and Regulations

It is an offence under the River Murray Act 2003 (external site, opens in new window) to conduct any mining activities that may adversely affect the health of the River Murray. Any proposal to grant a mining lease in a River Murray Protection Area (floodplain and tributaries) requires the consent of the Minister for the River Murray. The mining lease proposal is referred to the Minister for the River Murray prior to the offer of the lease being made. If the application falls within the Murray-Darling Basin of South Australia, PIRSA must, in considering the application, take into account the objectives for a healthy River Murray under the Act.

If you would like legal help or legal representation from a lawyer regarding any aspect of mining law or mining rules and regulations including licensing, then please complete your free legal enquiry form to receive help from a lawyer practising in the area of mining law.

Other mining legislation

¦Aboriginal Lands Trust Act 1966
¦Anagu Pitjantjatjara Land Rights Act 1981; Div III (formerly the Pitjantjatjara Land Rights Act 1981)
¦Crown Lands Act 1929
¦Heritage Places Act 1993 (formerly the Heritage Act 1993)
¦Maralinga Tjarutja Land Rights Act 1984; Div IV
¦Native Title (South Australia) Act 1994
¦Pastoral Land Management and Conservation Act 1989
(at the Department of Water, Land and Biodiversity Conservation, DWLBC site)
¦Pitjantjatjara Land Rights Regulations 2003
¦Roxby Downs (Indenture Ratification) Act 1982
¦Soil Conservation and Landcare Act 1989
(at the Department of Water, Land and Biodiversity Conservation, DWLBC, site)
¦Wilderness Protection Act 1992
¦Adelaide Dolphin Sanctuary Act 2005

Mining Law & Lawyers Updates

Jobs warning over gas crunch

Wed, 11 Jan 2017 13:00:00 GMT

Manufacturers are warning of job losses and a collapse in investment over a doubling in gas prices.

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