DLRA

 

Mining

 

Exploration licence applications
Date   Aplicant(s) Location Pastoral Leases Term Area km2 Prior Tenement Court Action Pending Reference
4 June 2015   Rodolfo A M Gomez Lake Gairdner area - approximately 80 km southwest of Woomera - Two years 475 km2     2004/00827
Plan and coordinates (PDF 376KB)
4 June 2015   Rodolfo A M Gomez Mid Lake Gairdner area - approximately 100 km southwest of Woomera - Two years 192 km2     2006/00046
Plan and coordinates (PDF 316KB)
4 June 2015   Rodolfo A M Gomez Lake Gairdner area - approximately 100km southeast of Tarcoola - Two years 940 km2     2006/00221
Plan and coordinates (PDF 508KB)
4 June 2015   Rodolfo A M Gomez Lake Gairdner area - approximately 100 km southeast of Tarcoola - Two years 401 km2     2006/00234
Plan and coordinates (PDF 345KB)
4 June 2015   Tarcila Resources Pty Ltd Lake Gairdner North area - approximately 70km southeast of Woomera Coondambo Two years 190km2     2009/00258
Plan and coordinates (PDF 518KB)
4 June 2015   Tarcila Resources Pty Ltd Lake Gairdner South area - approximately 160 km northwest of Port Augusta Moonaree Two years 1166 km2     2009/00259
Plan and coordinates (PDF 1MB)

Exploration Tenements - exploration
Tenement Number Tenement Status Licencees) Comodities Sought Location Tenement Start Date Tenement Expiry Date Court Action Pending Area km2 Prior Tenement
EL 5652 Active Cartwheel Minerals Pty Ltd Cobalt; Gold; Nickel; Copper; Platinum Lake Gairdner area - Approx 80 km SW of Woomera 17/07/2015 16/07/2020 No 475  
EL 5653 Active Cartwheel Minerals Pty Ltd Gold; Copper Lake Gairdner area - approx 100km SE of Tarcoola 17/07/2015 16/07/2020 No 401  
EL 5655 Active Cartwheel Minerals Pty Ltd Nickel; Copper; Platinum Mid-Lake Gairdner area - Approx 100km SW of Woomera 17/07/2015 16/07/2020 No 192  
EL 5656 Active Cartwheel Minerals Pty Ltd Uranium; Iron Ore; Gold; Copper Lake Gairdner North area - approx 70km SW of Woomera 17/07/2015 16/07/2020 No 190  
EL 5657 Active Cartwheel Minerals Pty Ltd Uranium; Iron Ore; Gold; Copper Lake Gairdner South area - approx 160km NW of Port Augusta 17/07/2015 16/07/2020 No 1166  
EL 5658   Cartwheel Minerals Pty Ltd Gold; Nickel; Copper North Lake Gairdner area - approx 120 km ESE of Tarcoola 16/07/2012 15/07/2017 No 412 EL3836;
EL 5659 Active Cartwheel Minerals Pty Ltd Diamonds; Nickel; Zinc; Copper; Lead Lake Gairdner area - approx 70km SW of Woomera 30/07/2013 29/07/2018 No 2393 EL4166; EL3049; EL2257;

 

How Mining applies to Native Title and Aboriginal land

'Native title land' is defined in the Native Title (South Australia) Act 1994 to mean 'land in respect of which native title exists or might exist'.

 

Native title land

Currently most of the land in South Australia is subject to native title claim or a court determination which has confirmed the existence of native title rights and interests.

Land can be 'native title land' even where there is no native title claim or court determination. Unless a court has determined that native title does not exist over an area of land, in most cases land should be treated as native title land.

Part 9B of the Mining Act 1971 (SA) deals with how mining operations can be undertaken on native land. 

Part 9B commenced on 17 June 1996 and is an alternative to the "right to negotiate" scheme in the Commonwealth Native Title Act 1993 (NTA). South Australia is the only state with such a scheme approved by the Commonwealth.

Mining operators must comply with the provisions of Part 9B before undertaking mining operations on native land.

The holders of an exploration authority (a mineral claim, exploration licence or retention lease that is limited to exploratory operations) must not undertake mining operations that affect native title unless:

  • The mining operations are authorised by a native title mining agreement under Part 9B or a determination of the Environment Resources and Development (ERD) Court;
  • An Indigenous Land Use Agreement (ILUA) registered under the NTA provides that statutory rights to negotiate are not intended to apply to the mining operations; or
  • A declaration is made under State or Commonwealth legislation that the relevant land is not subject to native title. 

Likewise, a production tenement (a mining lease or a retention lease that is not limited to exploratory operations) cannot be granted unless:

  • The mining operations are authorised by a native title mining agreement under Part 9B or a determination of the ERD Court;
  • An ILUA registered under the NTA provides that statutory rights to negotiate are not intended to apply to the mining operations; or
  • A declaration is made under State or Commonwealth legislation that the land is not subject to native title.

Further information about Part 9B is set out in Information Sheet M31 Guidelines for proposed mining activities on native title land - Part 9B of the Mining Act 1971.

Interactive maps showing native title areas over South Australia are available in the South Australian Resources Information Geoserver (SARIG).

Open the SARIG application, go to the Map Layers widget Data tab, then Land Access. You can then select to show any or all of the following:

  • Schedule of Native Title Claims (external boundaries of all native title determination and compensation applications currently recognised and active within the Federal Court process) 
  • Registered and Notified Indigenous Land Use Agreements (ILUAs) (boundaries of ILUAs that are registered on the Register of Indigenous Land Use Agreements under the NTA or that have been lodged for registration) 
  • Registered Native Title Determination Applications 
  • Determinations of Native Title 

 

Indigenous Land Use Agreements

Indigenous Land Use Agreements (ILUAs) are voluntary agreements made under the NTA between native title groups and others.  They can deal with various matters, including access to land, and provide an alternative native title process to that under Part 9B of the Mining Act (see above).

When registered on the Register of Indigenous Land Use Agreements under the NTA, an ILUA binds all parties and native title holders.

Over the last 10 years, South Australia has developed a unique and simple approach to dealing with native title by the use of Mineral Exploration ILUAs which are standard form agreements under the NTA. The ILUAs were developed to reduce red tape and provide certainty of access to facilitate mineral exploration and open up the potential in the State for mining.

There are currently four ILUAs for Mineral Exploration registered on the Register of Indigenous Land Use Agreements:


Aboriginal land 

Part 9B of the Mining Act does not apply to the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 or the Maralinga Tjarutja Land Rights Act 1984.

Under those Acts, a person must have permission to carry out mining operations upon the relevant land and to enter the land for the purpose of carrying out mining operations.

An application for permission is to be made in writing and lodged with the Executive Board of Anangu Pitjantjatjara Yankunytjatjara or the Council of Maralinga Tjarutja (as the case may be).

An application for permission can only be made by a person who has applied for a mining tenement and has been notified that the Minister for Mineral Resources and Energy approves the making of the application for permission under the relevant Land Rights Act.

Further information about Aboriginal land can be found on the Anangu Pitjantjatjara Yankunytjatjara website and the Maralinga Tjarutja website.


Aboriginal Heritage Act 1988

The Aboriginal Heritage Act 1988 provides for the protection and preservation of Aboriginal heritage.  

This Act applies to all land within the State, and is not limited to native title land. 

Importantly, under the Aboriginal Heritage Act it is an offence to:

  • Damage, disturb or interfere with any Aboriginal site; or
  • Damage any Aboriginal object; or
  • Where any Aboriginal object or remains are found – 
    • Disturb or interfere with the object or remains; or
    • Remove the object or remains.

Mining operators must always comply with the requirements of the Aboriginal Heritage Act, even where a Part 9B agreement or ILUA sets out procedures for undertaking cultural heritage surveys.

More information about the Aboriginal Heritage Act

 

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Documents

 

References

 

Reference Material

 

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