Operational rehabilitation reforms
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. Watch the recording from the 15 October 2020 session and refer questions raised (PDF, 293.25 KB) at the forums.
2020 consultation - submissions received
- Anonymous (individual) (PDF, 116.53 KB)
- Boral Land and Property Group) (PDF, 187.75 KB)
- Cement Concrete and Aggregates Australia (PDF, 94.64 KB)
- Eco Logical Australia (PDF, 859.47 KB)
- Environmental Defenders Office (PDF, 203.59 KB)
- Greening Australia (PDF, 396.46 KB)
- Hunter Valley Energy Coal (PDF, 230.21 KB)
- Lightning Ridge Miners' Association (PDF, 384.88 KB)
- Lock the Gate (PDF, 261.29 KB)
- MACH Energy (PDF, 612.77 KB)
- Muswellbrook Coal (PDF, 114.56 KB)
- Muswellbrook Shire Council (PDF, 256.36 KB)
- NSW Minerals Council (PDF, 320.08 KB)
- RW Corkery & Co (PDF, 176.19 KB)
- Singleton Council (PDF, 466.9 KB)
- Singleton Shire Healthy Environment Group (PDF, 7.32 MB)
- The Association of Mining and Exploration Companies (PDF, 293.66 KB)
- Tritton Copper Operations (PDF, 115.56 KB)
- WaterNSW (PDF, 123.27 KB)
- Yancoal (PDF, 160.77 KB)
2020 consultation - our responses
Summary of our responses to submissions received (PDF, 217.92 KB) [PDF, 217.92 KB]
Guidelines
The public consultation period ran from 19 March to 30 April 2021.
We have developed guidelines 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 (PDF, 1.36 MB)
- Guideline 2: Rehabilitation Records (PDF, 1.18 MB)
- Guideline 3: Rehabilitation Controls (PDF, 12.72 MB)
- Guideline 4: Mine Rehabilitation Portal
- Guideline 5: Rehabilitation Objectives and Rehabilitation Completion Criteria (PDF, 797.53 KB)
- Guideline 6: Achieving Rehabilitation Completion (Sign-Off) (PDF, 12.75 MB)
Watch the recording from the public consultation forum held on 21 April 2021, 2:00pm - 4:00pm.
2021 consultation - submissions received regarding draft guidelines
- Association of Mining and Exploration Companies (AMEC) (PDF, 785.6 KB)
- Environmental Defenders Office (PDF, 129.54 KB)
- Greening Australia (PDF, 344.22 KB)
- Karin Fogerty (individual) (PDF, 16.57 MB)
- Lock the Gate Alliance (PDF, 642.23 KB)
- Mining and Energy Related Councils (MERC) (PDF, 193.62 KB)
- NSW Minerals Council (PDF, 269.83 KB)
- Water NSW (PDF, 128.61 KB)
What will happen next?
We will examine submissions on the guidelines, consider the issues raised in them and finalise the guideline documents in 2021.
The Regulation is being finalised and is expected to commence in the first half of 2021, with a 12 month transition period for large mines and 24 month transition period for small mines.
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 meg.policy@regional.nsw.gov.au