Code of practice for community consultation

Holders of exploration licences and assessment leases granted under the Mining Act 1992 and the Petroleum (Onshore) Act 1991 (prospecting title) must engage in adequate, inclusive and appropriate community consultation about planning and conducting exploration activities under a prospecting title.

Prospecting titles for all resources, including petroleum, are granted to encourage ecologically sustainable development and social responsibility and build economic wealth for the people of NSW.

In accordance with the Exploration code of practice: Community consultation, within two months of their prospecting title anniversary date, prospecting title holders must publish their annual community consultation report online or make it available on request within 14 days. 

Exploration code of practice: community consultation (PDF, 700.93 KB)

When planning, writing and publishing your report, consider how you will meet privacy laws while protecting the the privacy and confidentiality of stakeholders.

The code sets out mandatory requirements. It provides prospecting title holders with related guidance regarding the expected performance for engagement in adequate, inclusive and appropriate community consultation about planning and conducting exploration activities under a prospecting title.

The code serves 2 purposes:

1. it provides upfront information to the industry and the community
2. it sets out enforceable mandatory requirements related to community consultation.

The code enables the industry to:

• adopt a risk-based approach to ensure compliance with mandatory requirements related to community consultation
• commit to measurable performance standards
• monitor performance and take corrective action if outcomes are not being achieved
• keep and maintain relevant records of activities and/or actions.

This approach allows prospecting title holders to adopt innovative solutions and best practice techniques to meet performance requirements.

The code was updated following industry consultation. The changes commenced on 7 October 2022, and included:

• Prospecting title holders have 2 months from the anniversary of the grant date of the prospecting title to publish their annual community consultation report.
• Prospecting title holders are required to publish their annual community consultation reports online or make them available on request within 14 days. These reports are no longer required to be submitted to the Department.
• When employing airborne surveys, title holders need to include airborne surveying as part of the community consultation strategy and engagement plans. An Airborne surveys fact sheet (PDF, 115.1 KB) has more information.
• A six-month transition period to comply with the reporting requirements ended on 7 March 2023.

Prospecting titleholders must submit annual geological and environmental reports to the Department. Refer to the Exploration Guideline: annual reporting for prospecting titles. (PDF, 319.51 KB)

Community consultation reporting requirements for prospecting titleholders with conditions issued before 2016

For the small number of exploration licences or assessment leases issued (granted, renewed or transferred) before 2016, title conditions require holders to comply with an alternative community consultation guideline, which is available here (PDF, 450.03 KB). These title holders must submit their annual community consultation report to the Department until their licence conditions are updated to require compliance with the code.