The standard conditions of mining leases (see Schedule 8A in Mining Regulation 2016) require mines to prepare and publish a forward program every year. The forward program must include:
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a schedule of mining activities for the next 3 years,
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a summary of the spatial progression of rehabilitation through its various phases for the next 3 years,
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a requirement that the rehabilitation of land and water disturbed by mining activities must occur as soon as reasonably practicable after the disturbance occurs.
Mines are also required to submit and publish an annual rehabilitation report which demonstrates the progress made through the phases of rehabilitation in the previous year's forward program.
New forward programs and annual rehabilitation reports are prepared and submitted each year using the templates provided in the Resources Regulator Portal.
Do I need to amend my forward program during the year?
In the majority of cases there is no need to seek approval from the Resources Regulator to amend a forward program during the year. It can merely be adjusted (if required) when prepared and submitted the following year.
If a mine does not meet (or exceeds) its targets, this should be reported in the relevant annual rehabilitation report. The template for the annual rehabilitation report in the Resources Regulator Portal requires a mine to:
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identify components that were not achieved
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identify the key factors that delayed the schedule as well as timing for corrective actions
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outline actions that will be included in the forward program and carried out to minimise disturbance and undertake progressive rehabilitation as far as reasonably practical.
In many cases it may not have been reasonably practicable to achieve certain components outlined in the forward program (refer to Fact Sheet: ‘Reasonably practicable’ for mine rehabilitation (PDF, 253.17KB). These reasons need to be outlined in the annual rehabilitation report.
Regardless of forward program targets, the overarching obligation is to ensure rehabilitation of land and water disturbed by mining occurs as soon as reasonably practicable.
Any exceptional circumstances requiring a forward program amendment during the relevant annual reporting period should be discussed with the Regulator in the first instance. The provisions outlined in clause 14 of Schedule 8A of the Mining Regulation 2016 apply to any request to amend a forward program.
