Public Consultation

NSW Resources has reviewed the framework for exploration reporting and the public release of exploration reports and data for authorities under the Mining Act. 

Public consultation on the revised Annual report release policy, Redaction guide and Exploration reporting guideline took place from 21 November 2023 to 25 January 2024. Two industry stakeholder sessions were held on 5 December 2023. 

A total of 3 submissions were received at close of the consultation period. The feedback received was carefully considered and many of the recommendations made have been incorporated into the final policy and guides. A summary of the consultation feedback (PDF, 196.56 KB) and the NSW Resources response is available.

The documents available for consultation were: 

• Revised annual report release policy (draft for consultation) (PDF, 317.79 KB) – the framework for the public release of annual reports after the five-year confidentiality period expires, incorporating previously excluded report types. The public release of reports and data supports new investment in exploration to meet the growing global demand for minerals, and meets the commitments of the NSW Minerals Strategy.

• Revised annual report redaction guide (draft for consultation) (PDF, 428.29 KB) – guidance for authority holders who wish to redact commercially sensitive and proprietary information from historical reports prior to public release, for those reports submitted prior to 1 January 2022. 

• Revised exploration reporting guideline (draft for consultation) (PDF, 524.4 KB) – updated requirements for reports submitted under the Mining Act including the structure, content and data format. The drafted revisions reflect the availability of a new mineral exploration data template, reporting templates, large file lodgement options, an online report builder in Titles Management System (TMS), and support the annual report release policy. 

A frequently asked questions document (PDF, 294.05 KB)was prepared to support the consultation, providing details about the proposed changes and anticipating potential questions. 

The revised Annual report release policy and Exploration reporting guideline commenced operating on 28 March 2024. The information is published on our Exploration Reporting web page.

The NSW Government’s Critical Minerals and High-Tech Metals Strategy 2024-35 was developed following a comprehensive consultation process that involved public submissions, targeted stakeholder engagement, and a Ministerial Roundtable.

This attracted responses from a broad cross-sector including mining companies, industry associations, unions, environmental and community groups, research organisations, universities and individuals.

Download a copy of the strategy.

NSW Resources is progressing a range of reforms that support the responsible development of the State’s mineral resources.

The NSW Government committed to a review of mining regulations, policies and processes to improve transparency, efficiency and community confidence in line with best practice regulation. As a result of this review, a set of legislative amendments are being made that will improve the regulatory framework and processes for mineral resource development in NSW.

The Mining and Petroleum Legislation Amendment Act 2022 (the amending Act) received assent in June 2022 and a first stage of reforms under the amending Act commenced operating in October.

Public consultation on a second stage of regulatory reforms in support of the amending Act took place from 21 September to 19 October 2022. Five submissions were received. The feedback received was carefully considered and some of the recommendations made have been incorporated into the Mining Amendment Regulation 2022.

• A summary of the consultation feedback and the MEG response is available here (PDF, 201.06 KB).

On 14 December 2022, the Governor approved the commencement of the relevant amending Act provisions. The accompanying amendment Regulations were also made and an order for the establishment of a Mineral Allocation Area (MAA) for hydrogen and non-metals was declared.

• An explanatory guide to the second stage of reforms is available here (PDF, 1.4 MB).

All 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 will commence 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.

The commencement proclamation listing the sections of the amending Act being commenced together with the amendment Regulations can be accessed on the NSW Legislation website.

View the closed public consultation for: Draft Mining Amendment Regulation 2022 and draft Petroleum (Onshore) Amendment Regulation 2022.

The NSW Government is progressing a range of reforms to support the responsible development of the State’s mineral resources and to help position NSW to become Australia’s premier destination for exploration and mining investment.

NSW Resources undertook consultation on a draft Suspension of Mining Operations Policy (PDF, 87.55 KB) from 16 February to 18 March 2022.

The policy aims to clarify the statutory condition on mining leases that requires the lease holder to obtain written consent to suspend mining operations in the mining area and to only suspend operations in accordance with that consent. The policy details how consent to suspend mining operations will be provided, the application process to be followed and the circumstances that will be considered when granting, refusing or revoking consent to suspend mining operations.

Consultation has closed and all feedback received during the consultation period has been considered and analysed. Refinements have been made to the policy in response to the feedback received. A summary of consultation submissions and responses is available here. (PDF, 183.26 KB)

The Suspension of Mining Operations Policy (PDF, 87.55 KB) commenced operation on 1 August 2022.

For further information about the policy and how to apply, please refer to the Suspension of mining operations page.

The NSW Resources Regulator is seeking comment from interested parties on the maintenance of competence requirements for practising certificates for certain statutory functions under the Work Health and Safety (Mines and Petroleum Sites) Act 2013.

Click here to view the consultation page.

Consultation has commenced on the Vehicle interaction controls in NSW mines discussion paper (PDF, 606.55 KB), seeking feedback on the potential pathways and position the Resources Regulator could take to address adverse vehicle interactions in the NSW mining industry.

Industry stakeholders are invited to provide their valuable insights and feedback on the discussion paper. Public consultation is an essential part of the process, as it allows for diverse perspectives to be considered when shaping policies and regulations. 

The consultation period will be open from Thursday 27 July, until 5pm Friday 8 September 2023.

Click here to view the consultation page

The exposure draft of the proposed Work Health and Safety (Mines and Petroleum Sites) Regulation 2022 was available for public comment.

The proposed Regulation will re-make the existing Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 with some amendments, as part of the staged repeal of statutory rules under the Subordinate Legislation Act 1989.

Click here to view the consultation page

The Regulator is seeking comment from interested parties on proposed amendments to the Work Health and Safety (Mines and Petroleum Sites) Act 2013 and Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 (WHS (MPS) laws). The Act and regulation can be found on the NSW legislation website.

Visit the consultation page.

We are seeking submissions on the guidelines that will support new standard mining lease conditions that require progressive rehabilitation, rehabilitation risk assessment, annual reporting, and detailed rehabilitation management planning. The new mining lease conditions will replace existing rehabilitation conditions on current mining leases and be added to all new mining leases through the regulation.

Visit the consultation page.

We are seeking feedback from the mining industry regarding the application of a diesel particulate exposure standard for mines in NSW.

Visit the consultation page.

On behalf of the Mining and Petroleum Competence Board, we are seeking comment from stakeholders on the discussion paper for a possible new statutory function of Geotechnical Engineering in underground coal mines.

Visit the consultation page.

In 2018, we developed a discussion paper on the use and possible regulation of mitigation strategies for the prevention of fires on mobile plant.

Visit the consultation page.

In 2019, we sought comment from stakeholders on the Mining and Petroleum Competence Board’s proposal to increase experience requirements.

Visit the consultation page.

Proposals to improve the regulatory framework for rehabilitation of major mining projects are currently under consideration.

For more information, go to the Department of Planning website