What’s this about?

The mining lease conditions relating to rehabilitation have been reviewed to improve clarity and enforceability of rehabilitation outcomes. This Amendment Regulation will prescribe mining lease conditions relating to rehabilitation through amending the Regulation under the Mining Act 1992. The new mining lease conditions will support best practice mine site rehabilitation and ensure NSW has a sustainable minerals industry.

The new conditions will require lease holders to develop, implement and achieve rehabilitation outcomes and implement a forward program to ensure progressive rehabilitation across mines in NSW.

In late 2020, we sought feedback on the Mining Amendment (Standard Conditions of Mining Leases - Rehabilitation) Regulation 2020 and associated mandatory requirements. Consultation on these documents closed on 6 November 2020. The submissions received and a summary of our responses to the issues raised can be viewed below. A recording of the 15 October session can be viewed here and questions raised at the forums can be found here.


The public consultation period ran from 19 March to 30 April 2021.

Between 19 March and 30 April 2021, we sought feedback on six guidelines developed to support the new rehabilitation standard conditions and associated requirements. These guidelines are intended to help the leaseholder comply with the conditions and mandatory requirements and do not contain any additional mandatory requirements.

The documents available for comment were the following six guidelines:

  • Guideline 1: Rehabilitation risk assessment
  • Guideline 2: Rehabilitation records
  • Guideline 3: Rehabilitation controls
  • Guideline 4: Mine rehabilitation portal
  • Guideline 5: Rehabilitation objectives and rehabilitation completion criteria
  • Guideline 6: Achieving Rehabilitation Completion (sign-Off)

A public consultation forum was held on 21 April 2021, 2:00pm - 4:00pm. Click here to watch a recording of the session (YouTube)

What will happen next?

The Regulation commenced on 2 July 2021, with a 12 month transition period for large mines and 24 month transition period for small mines. Visit the webpage for more information.

Further information

Information will be provided on this webpage and through Mine Rehabilitation News. To be kept up to date, subscribe to Mine Rehabilitation News now.

For further information, please contact us on 1300 814 609 or email nswresourcesregulator@service-now.com