Reforms to NSW’s mining legislation in the form of new provisions in the Mining and Petroleum Legislation Amendment Act 2022 (amendment Act) and their accompanying amending Regulations will commence operating on 1 March 2023.
The reforms will enable faster and more efficient decision-making, streamline and modernise regulatory processes, improve clarity, enhance compliance, and allow for hydrogen and non-metals to be regulated under the Mining Act 1992, as well as other miscellaneous amendments.
Public consultation was conducted in late last year on these reform proposals and careful consideration was given to submissions received on the draft Mining and Petroleum (Onshore) Amendment Regulations. Some of the recommendations made during consultation were incorporated into the Mining Amendment Regulation 2022.
All of the provisions in the amendment Regulations will commence operating on 1 March 2023, with the exception of the following three provisions:
- partial cancellations of authorities to identify the land sought to be retained commenced on 13 January 2023 in conjunction with associated amendments of the Statute Law (Miscellaneous Provisions) Act (No 2) 2022
- future fee and levy adjustment consultation processes will commence on 1 May 2023, alongside the amending Act’s Schedule 1[120]
- the use of the Map Grid of Australia 2020 standard with certain applications under the Mining Act 1992 will commence on 1 March 2024.
An order to establish a Mineral Allocation Area (MAA) for hydrogen and non-metals over the whole of NSW has also been issued.
A summary of the consultation feedback and the Department’s response, together with an explanatory guide to the reforms being commenced, are available on the Mining Exploration and Geoscience website.
The proclamation listing the sections of the amending Act being commenced, the amendment Regulations and the MAA order can be accessed on the NSW Legislation website.
For further information please contact Angela Hudson, Director Policy and Reform, at Angela.Hudson@regional.nsw.gov.au.
