SA Company Gets Special Water and Land Rights; Must Provide Affordable Housing and Study Local Mineral Refining; State Appoints Administrator to Run Local Council

Roxby Downs (Indenture Ratification - Amendment of Indenture) Amendment Bill 2026

25 Jun 2026: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

House of Assembly

Legislative Council

Assent

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Topics

environmental protection housing Indigenous rights land use local government mining taxation water management

Introduced by: The Hon Tom Koutsantonis MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

The Company can seek a remedy if the State treats it or its products unfairly compared to other businesses in the State.
The Company can end its agreement with the State and convert its special mining tenements into standard leases or licences if the State passes laws that significantly change the Company's rights or obligations.
The State and the Company must use arbitration to settle disputes before starting any court proceedings, unless they are seeking a declaratory order from the Supreme Court.
People applying for environmental authorisations can refer decisions or conditions they find unreasonable to arbitration or appeal to the Environment, Resources and Development Court.
The State can only use the Company's rehabilitation security if the Company fails to fix environmental breaches after a specific sequence of warnings and a 45-day notice period.
The Company is banned from using court injunctions to stop the State from using rehabilitation security if the State honestly believes it has a genuine claim.
Authorised officers can carry out investigations to gather information about how the agreement is run or enforced, using the same powers and procedures used for mining investigations.
The State can end the agreement immediately if the Company becomes insolvent, or after 180 days' notice if the Company commits a serious default or abandons its operations.
The State can end the agreement if the Company changes who controls it (holding 50% or more of voting rights) without written approval from the Mining Minister.
The Aboriginal Heritage Act 1988 now applies to the Company's operations in the Olympic Dam and Stuart Shelf areas, and the older 1979 heritage law is repealed.
The Company can take water from specific areas under a special licence even if it contradicts existing water plans or if other people have rights to that water.
The Company must pay all costs and losses if the State faces native title claims because it granted land rights to the Company.
The State must not impose discriminatory taxes or rates on the Company, and land used for mining operations within the minesite is exempt from rates and land tax.
The Company must offer the State at least 15% of new vacant residential allotments in the townsite at development cost to support affordable housing.
The Company cannot sell land in the townsite for more than the development cost (plus CPI and 5% interest) without the Mining Minister's consent.
The Residential Tenancies Act does not apply to residential leases where the Company or its associates are the landlords in the townsite.
The State will appoint an Administrator to run the local municipality instead of elected councillors until a set date. The Company must cover any revenue shortfalls for the municipality during this time.
The Company must review whether it is feasible to refine copper, uranium, and critical minerals within the State and provide a report to the Mining Minister.
If the Company cannot feasibly process certain materials, it must support third parties who have the skills and technology to do so within the State.
The Mining Minister must consult the Company before granting mining or energy licences to third parties on land that was part of the Company's main mining lease.
No one except the Company or its approved partners can prospect for minerals in the SML1 Additional Area during the assessment period.
The State can compulsorily acquire land from the Company to build public roads, provided it consults the Company and pays compensation for grade separation.

The Debate

What different members said when this bill was debated:

Ben Hood LIB

“I rise to speak on the Roxby Downs (Indenture Ratification - Amendment of Indenture) Amendment Bill 2026, and I indicate at the outset that the opposition supports this bill. Olympic Dam is one of the most significant mining operations in the country. It underpins jobs, royalties, regional development and investment in South Australia.”

Official source →

Sarah Game NULL

“I rise briefly to support the Roxby Downs (Indenture Ratification - Amendment of Indenture) Indenture Bill 2026.”

Official source →

Justin Hanson ALP

“It should not, and I do not think it will, surprise anyone that I rise to speak in support of this bill, being the Roxby Downs (Indenture Ratification - Amendment of Indenture) Amendment Bill 2026. Hopefully, that is the last time anyone needs to read all that out.”

Official source →

Melanie Selwood GRN

“I want to begin by highlighting the atrocious process that has led to the arrival of this bill in the council. The bill was not flagged on the YourSAy website, nor was it mentioned on the Department for Energy and Mining’s news or consultations websites.”

Official source →

Cory Bernardi PHON

“The most encouraging words I have heard today is that this bill is likely to get through this parliament, with one or two exceptions. It is a celebration, if I may, of the importance of mining to our state. It is a wonderful opportunity to reflect on how myopia, short-sightedness, intransigence and ideology actually drag our state backwards.”

Official source →

Hilton Gumbys ALP

“I am pleased to add my support to the Roxby Downs (Indenture Ratification - Amendment of Indenture) Amendment Bill 2026, and I want to use my contribution today to focus on something quite specific: what this bill actually unlocks on the ground at Olympic Dam and what that means for the economic future of this state.”

Official source →

Kyam Maher ALP

“I thank all honourable members for their contribution and look forward to the committee stage and an important discussion about an important piece of legislation. The council divided on the second reading:”

Official source →