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The Petroleum and Geothermal Energy Act 2000 authorises petroleum activities provided that there is appropriate protection of the environment, social values and existing land uses. Details and guidelines for specific activities are provided under Guidelines and Policy.
The total area of protected land (i.e. land proclaimed or reserved for conservation purposes) within onshore South Australia is 21,061,601 hectares, over 21% of the state. The areas are administered by the Department of Environment, Water and Natural Resources (DEWNR) under the National Parks and Wildlife Act 1972, Crown Land Management Act 2009 and Wilderness Protection Act 1992. Approximately 74% of onshore protected areas allow access for mineral and petroleum exploration and development. There are seven categories of reserve.
Summary of protected areas onshore South Australia
within Parks excluded
|NPW Act 1972||14||3,204||<0.1%||0%||<0.1%|
|NPW Act 1972||21||3,995,976||4.10%||86.30%||0.60%|
|CLM Act 2009||15||19,471||<0.1%||100.00%||0%|
|NPW Act 1972||7||9,342,641||9.50%||100.00%||0%|
|NPW Act 1972||10||25,888||<0.1%||0%||<0.1%|
|WP Act 1992||14||1,843,512||1.90%||0%||1.90%|
|NPW Act 1972||270||5,856,045||6.00%||46.70%||3.20%|
|NPW Act 1972:||National Parks and Wildlife Act 1972.|
|CLM Act 2009:||Crown Land Management Act 2009.|
|WP Act 1992:||Wilderness Protection Act 1992.|
|Land proclaimed or reserved for conservation purposes pursuant to the National Parks and Wildlife Act 1972, Crown Land Management Act 2009 or the Wilderness Protection Act 1992.|
|Totals:||Columns in this table may appear not to total due to rounding. The reported totals are correct.|
|The information included in this table is courtesy of the Department of Environment, Water and Natural Resources; information current 3 November 2014.|
|Area of South Australia:||98,113,292 ha - Calculated by Lamberts Conformal Conic Projection, Datum GDA94, from 1:50,000 mapping.|
The legislation is designed for conservation purposes, but there are provisions for joint proclamations and regional reserves both of which allow access for mineral and petroleum exploration and development. Where access is excluded, this includes subsurface access as well as surface access.
Conservation reserves, under the Crown Land Management Act 2009, identify land that has environmental values, ostensibly for soil protection under the Act. There are no specific legislative restrictions to mining or petroleum access in these reserves, although they signal that a higher than normal degree of scrutiny will be applied for any proposed activity in these areas.
Protected areas also occur offshore (e.g. the Great Australian Bight Marine Park) and are administered under the National Parks and Wildlife Act 1972, Fisheries Management Act 2007 and the Historic Shipwrecks Act 1981.
Under the Marine Parks Act 2007, 19 marine parks have been created throughout South Australian waters.
Whilst a multiple use policy is applicable to these parks, there will be specific zones where mining and petroleum exploration and/or development will be excluded.
Heritage agreements, agreements entered into between landowners and the Minister for Sustainability, Environment and Conservation, are attached to the title of the land and provide protection to native vegetation on private land. These agreements are established under the Native Vegetation Act 1991, and are administered by the Native Vegetation Branch of the Department of Environment, Water and Natural Resources. Access requirements for mineral and petroleum exploration are dependent on the tenement type.
A joint proclamation allowing mining rights is a mechanism under section 43(2) of the National Parks and Wildlife Act 1972 which provides for the Governor to proclaim conditions whereby rights of entry, prospecting, exploration and mining may be acquired for national parks and conservation parks. This is qualified by section 43(5), which states that such a proclamation cannot be made unless:
(a) it allows for continuing rights vested in a person immediately before the commencement of the Act.
(b) the proclamation is made simultaneously with the proclamation constituting a reserve.
Mineral exploration and mining activities are possible only with approval of the Minister for Sustainability, Environment and Conservation as per the conditions of the park proclamation and in accordance with the management plan for the park.
This is also the case for petroleum exploration and production, except where a petroleum exploration licence was in force immediately prior to proclamation of the park. In this case, the proclamation may allow application for a production licence without approval of the Minister for Sustainability, Environment and Conservation.
Many recent additions to the reserve system have been made under joint proclamations, which allow existing rights to continue and future rights to be acquired. This means that there are some parks where access may be available to some parcels of land but not others within the park due to existing tenure.
The 1987 amendments to section 34 of the National Parks and Wildlife Act 1972 provided, amongst other matters, for a new multiple-use classification of reserve called the regional reserve. This classification provides for the conservation of wildlife and the natural or historic features of the land while, at the same time, permitting use of its natural resources.
Petroleum and mineral exploration activity may take place provided that they are subject to controls consistent with the management plan for the reserve. Mineral and petroleum exploration licence applications for areas within regional reserves are processed by the Department of State Development but must be referred to the Minister for Sustainability, Environment and Conservation for comment. Exploration work programs are discussed with the Department of Environment, Water and Natural Resources as a matter of policy.
In the case of production tenements, approval must be given by the Minister for Sustainability, Environment and Conservation. If ministerial agreement with the Minister for Minerals Resources and Energy cannot be reached in a particular case, the issue is referred to the Governor for decision.
Under section 40(a) of the National Parks and Wildlife Act 1972, the Ministers may enter into an agreement with the holder of a petroleum exploration licence granted in relation to land that is, or has become, a regional reserve which imposes conditions limiting or restricting the exercise of rights under the tenement by the holder of the tenement and by his or her successors in title.
In all other respects exploration and production in a regional reserve are carried out under the provisions of the Petroleum and Geothermal Energy Act and Regulations.
Petroleum and geothermal exploration take place in a number of regional reserves, and much of the current petroleum produced from the Cooper Basin originates from within the Innamincka Regional Reserve.
Summary of requirements for consultation with the Department of Environment, Water and Natural Resources:
|Type of |
|Type of Reserve|
Requirement from Minister
for Sustainability, Environment
Parks and Wildlife Act 1972
|Exploratory licences*||Licence only||Park with mining proclamation||Approval||43(2)|
|Licence only||Regional Reserve ||Comment||43A(1)|
|Work program||Park with mining proclamation||Approval||43(2)|
|Work program||Regional Reserve||Nil (legally, but policy |
|Licence only||Park with mining proclamation||Approval||43(2)|
|Licence only||Regional Reserve||Approval||43A(2)|
- Environmental Reports on the Western Prospects Seismic Survey, Coongie Lakes (PDF 6.11 MB)
- Western Prospects Seismic Survey - Assessment and Recommendations (PDF 3.80 MB)
- Outcomes of Seismic Surveying in Coongie Lakes (PDF 495 PDF)
- Environmental Outcomes of Seismic Surveying in the Coongie Lakes Control Zone (PDF 253 KB)
This report summarises the processes that were undertaken during a seismic survey in the Coongie Lakes Wetlands.
For more information, contact:
Licensing and Legislation
Energy Resources Division
+61 8 8463 3203
Licensing and Legislation
Energy Resources Division
+61 8 8463 3216