Exempted areas consent
Exploration in exempted areas may also require the prior consent of the Minister administering the Mining Act 1992 / Petroleum (Onshore) Act 1991 (as relevant). This may be in addition to an access arrangement with any landholders.
Ministerial consent to explore in an exempted area must be obtained prior to lodging an application with the Resources Regulator to undertake exploration activities.
Exempted areas are defined in the Mining Act 1992 and Petroleum (Onshore) Act 1991 as lands set aside for public purposes. They include travelling stock routes, road reserves, state forests, state conservation areas, public reserves/commons and land held under a lease for water supply.
Under the Mining Act 1992, the consent of the Minister is required prior to exploration on a exploration licence / assessment lease within the following land:
- land within a state conservation area within an exempted area
- other land in an exempted area, unless an access arrangement under section 140 of the Mining Act 1992 applies to the land.
Under the Petroleum (Onshore) Act 1991, the consent of the Minister is required prior to exploration within any exempted area.
The above provisions of both the Mining Act 1992 and Petroleum (Onshore Act) 1991 apply regardless of the type of exploration activity.
These provisions do not apply to exploration on mining leases under the Mining Act 1992, however, they do apply to exploration on production leases under the Petroleum (Onshore) Act 1991.
To apply for an exempted area consent, contact Mining, Exploration & Geoscience within the Department of Regional NSW here.