Consultation sought on Ellis Mining (Land Access Inquiry Recommendations) Amendment Bill 2022

27 May 2022 media release

Member for Narungga Fraser Ellis MP has today released a draft bill to amend South Australia’s Mining Act which he hopes will lead to a correction to the imbalance between farming and mining on agricultural land.

“This has been an issue which I have taken up throughout my time in Parliament and one which I am not willing to let fade away into the background,” he said.

“After repeated efforts to improve the framework in which the industry operates, a Select Committee was established which made recommendations to the Parliament.

“This Bill is an attempt to legislate those recommendations.”

The Bill drafted by Mr Ellis will now be sent out to stakeholders for consultation and be made available to the community at large to contribute. Its intent is to establish a Mining Land Commissioner with various functions, including to enforce regulations, facilitate resolutions of complaints from landowners, administer a code of conduct for exploration and obligation to conduct introduced land use mapping aligning with Recommendation 2.

“Ideally, the Bill will not stray far from the Select Committee's recommendations, but all feedback will be considered and may result in further amendments being put to the Parliament,” he said.

"I do wish to note that Recommendation 2 could not be codified in its purest form, due to it being an administrative function of the Department of Environment and Water, functions which are not usually legislated.

“Instead, the proposed Mining Land Commissioner would be tasked with those responsibilities under this Bill, a decision which was made with advice from Parliamentary Counsel.

“The overall intent is to provide certainty to industry, and the state, about where we want to encourage mining to occur and where we want to reward existing, profitable incumbent land use.”

Visit feedback to lodge feedback on the Bill.