New standard conditions for large mines with an Environment Protection Licence come into effect this Saturday 2 July. The reforms are set out in Schedule 8A of the Mining Regulation 2016 and will bring greater consistency and ensure all large mines across NSW are subject to one standard set of conditions.
MEG bringing leases in line with reforms
Large mine lease holders have received (or will shortly be receiving) a notice of the proposed variation to their existing lease which sets out the simplified conditions. This provides lease holders with an opportunity to comment before final instruments of variation are issued.
During the interim period between 2 July, when the new conditions in Schedule 8A of the Regulation come into effect for large mines, and the issuing of final instruments, both the new standard conditions and the individual mining lease conditions will be in force.
During this transition period, the conditions in the Regulation will prevail to the extent of the inconsistency between the two sets of conditions.
The Resources Regulator recognises that the new conditions present a big adjustment for lease holders and will be flexible and future-focussed in its approach to regulating these conditions over the next six (6) months. It will have an open dialogue with mines about the expectations of the new conditions and will address any potential transitional issues.
If industry is concerned as to which conditions in their mining lease may be inconsistent with Schedule 8A, please refer to the notices of proposed variation as a guide or contact the Resources Regulator on 1300 814 609 (Press Option 2 and then Press Option 5) or email nswresourcesregulator@service-now.com.
Supporting the transition
The NSW Resources Regulator recognises that the new conditions present a big adjustment for lease holders. To that end the Regulator will be flexible and future-focussed in its approach over the next 6 months, where the focus will be continuing to assist mines to meet the new requirements, having open dialogue about the expectations and addressing any potential transitional issues.
If you have any questions about the new requirements please contact the Resources Regulator on 1300 814 609 (Press Option 2 and then Press Option 5) or email nswresourcesregulator@service-now.com.
Have you registered with the Resources Regulator portal?
Mining lease holders are required to submit their applications and documents under Schedule 8A in the Mining Regulation 2016 through the Resources Regulator online portal.
New online forms are assisting industry to meet their obligations and also enable more efficient regulatory oversight. You will need to register with the Resources Regulator portal to access the forms.
Many lease holders have already registered an authorised representative to log into the portal on their behalf. Lease holders can do this through an online form access from a QR Code that has been previously provided over the last 12-18 months. Any lease holder who has lost their QR Code or needs assistance, should contact the Resources Regulator on 1300 814 609 (Press Option 2 and then Press Option 5) or email nswresourcesregulator@service-now.com.
Webinar recording now available
To support the implementation of the new standard conditions for rehabilitation and the soft launch of the new online forms we hosted 3 webinars on the 28, 29 and 30 June. The webinars:
- provided an overview of the rehabilitation reforms
- provided the legal and operational context for each of the new online forms, including how they are to be completed in sequence
- provided a demonstration of the Mine Rehabilitation Portal.
You can review a recording of the 29 June 2022 session on our YouTube channel.
We need your spatial data
With new standard conditions coming into effect on 2 July, mines will need to upload the required spatial data themes to the Regulator’s Mine Rehabilitation Portal. This spatial data includes:
- mining disturbance areas and the status of rehabilitation areas
- a forecast of cumulative disturbance and rehabilitation progression that is planned over the next three-year period
- a final landform and rehabilitation plan which shows the approved final land use at the cessation of mining.
An Australian first, the portal allows mining companies across the state to submit, analyse and report on their rehabilitation activities. It also assists the Regulator in monitoring and regulating rehabilitation requirements for mining activities.
Guideline: Mine rehabilitation portal provides information on the data preparation and submission requirements.
