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NSW Resources

Regulating rehabilitation

The NSW Government encourages sustainable development of our natural resources. Strong laws are in place to ensure that all land used for mining is rehabilitated for the benefit of future generations.

Mining companies have extensive mine rehabilitation obligations across the lifecycle of a mine, from planning right through to mine closure and beyond. 

The framework for rehabilitation includes:

Development assessment process for mines

When a company proposes a new mine or changes to an existing one, they must outline plans for how the land will be used once mining activities have ended. This could involve converting the land for agriculture, recreation, industrial use, or environmental habitat. Companies are required to consult with the community about the mine's development and the intended use of the land after the mine closes.

Proposals for new mines or changes to existing mines are assessed in accordance with the Environmental Planning and Assessment Act 1979 (EP&A Act). This assessment includes a review of the proposed final land use and rehabilitation strategy, as well as additional community consultations. The Resources Regulator provides advice to the consent authority regarding the proposed rehabilitation approach and final land use.

If a proposal is granted consent under the EP&A Act, it has strict rehabilitation conditions, including specifying the final land use to which the land must be returned. 

Assessment process for a new mine proposal or changes to existing mine

Mining activities in NSW are strictly regulated to minimise environmental impact. Companies must obtain a mining lease and other approvals, such as environmental protection licences and planning permissions under relevant legislation. This includes the Protection of the Environment Operations Act 1997 and the EP&A Act.

Significant projects are assessed by the Department of Planning, Housing and Infrastructure (DPHI) and often require referral to the Independent Planning Commission. Other proposals can be assessed by local councils as the consent authority.

All new coal mines, mineral sand mines, proposed mines in environmentally sensitive areas of state significance and mines with capital investment of more than $30 million are considered state significant development and require approval from the Minister for Planning or the Independent Planning Commission (see the State Environmental Planning Policy (State and Regional Development) 2011). Smaller metalliferous, non-coal, clay and limestone mines usually require development consent from a local council.

As part of the approval process under the EP&A Act, project proponents must submit a comprehensive Environmental Impact Statement (EIS). This should include impacts on water resources, air quality, noise, biodiversity and local communities. Before an application is considered by the consent authority, extensive public consultation must take place with the community and local government. NSW Resources and other key government agencies are consulted during this development consent determination process for new coal and mineral developments. NSW Resources are responsible for commenting primarily on rehabilitation, including final land use and environmental outcomes upon completion of mining.

If a mining development is approved by the consent authority, conditions are set to minimise potential environmental impacts and maximise the economic and social outcomes for the project. Rehabilitation requirements and environmental performance conditions are attached to all mining leases issued under the Mining Act 1992.

Under the conditions of the mining lease, a security deposit is required to be provided to the department that covers the full rehabilitation costs of a mine. Security deposits are in place as a last resort to make sure there are sufficient funds for mine rehabilitation if a mining company defaults on its obligations.

Mining lease and conditions

After a new mine is approved, a company must obtain a mining lease before they can commence operations. A mining lease includes conditions that require the company to demonstrate how land will be progressively rehabilitated across the life of the mine.

The NSW Government’s standard conditions for being granted a mining lease are set out in Schedule 8A of the Mining Regulation 2016.

In NSW, no-one can undertake mining activities until they are granted a mining lease under the Mining Act 1992. NSW Resources, with endorsement from the Minister for Natural Resources, is responsible for granting mining leases and the Resources Regulator is responsible for ensuring compliance with the conditions of mining leases.

A mining lease gives the title holder the exclusive right to mine for minerals or conduct mining-related activities over a specific area of land. To be granted a mining lease, companies must show that there are valuable minerals to mine in the proposed area. They must also prove they have the financial resources and technical skills to mine responsibly. A development consent under the (EP&A Act) must also be in place before a mining lease can be granted.

Mining leases are granted subject to conditions to ensure:

  • potential impacts on the environment are minimised
  • disturbed land is progressively rehabilitated as exploration and mining progresses
  • a security bond is lodged with the department to cover the government’s full costs in undertaking rehabilitation in the event of default by the title holder
  • title holders provide annual reports on the progress of rehabilitation.

Regulation for mining rehabilitation

The Regulation under the Mining Act 1992 prescribes standard mining lease conditions relating to rehabilitation and sets clear, achievable and enforceable requirements for rehabilitation.

These standard rehabilitation conditions apply to all mining leases. 

The standard conditions support best practice mine site rehabilitation by ensuring progressive rehabilitation occurs in a manner that achieves sustainable final land uses after mining has finished.

Lease holders are required to demonstrate that the rehabilitation of land and water disturbed by mining is safe and stable and can support the future final land use(s) approved through the development consent. This includes:

  • prevent or minimise harm to the environment;
  • rehabilitate land and water as soon as reasonably practicable after disturbance occurs
  • achieve the approved final land use for the mining area as set out in the:
    • rehabilitation objectives statement
    • rehabilitation completion criteria statement
    • final landform and rehabilitation spatial plan (large mines only)
  • undertake a rehabilitation risk assessment and implement measures to eliminate, minimise or mitigate risks to achieving the final land use
  • prepare and implement a rehabilitation management plan (large mines only)
  • prepare an annual rehabilitation report which describes the progress of rehabilitation over the annual reporting period
  • prepare a forward program which includes the schedule of mining and rehabilitation activities for the next three years demonstrating how rehabilitation will occur as soon as reasonably practicable after disturbance.

Mining Amendment (Standard Conditions of Mining Leases—Rehabilitation) Regulation 2021

Preparation of rehabilitation documents

The mining lease conditions specify that certain rehabilitation documents must be prepared and, where relevant, given to the Secretary. These documents have to be prepared in the manner determined by the Secretary of the Department (known as the ‘form’ and ‘way’). The documents required to be prepared in this manner are set out below:

Mine Rehabilitation Portal

Large mines are required to lodge a 'final landform and rehabilitation plan' and ‘annual rehabilitation report and forward program’ spatial plans via the Mine Rehabilitation (GIS) Portal.

The Mine Rehabilitation (GIS) Portal is an online portal that allows for the collection of rehabilitation spatial data into a centralised geodatabase. The portal allows mining companies to submit, analyse and report on their rehabilitation activities in a more streamlined way as well as accurately record and track areas of disturbance and rehabilitation progress. The portal also assists the Regulator to monitor and regulate rehabilitation requirements for mining activities.

This special rehabilitation data for large mines is automatically updated to the NSW Government’s central resource, the Sharing and Enabling Environmental Data (SEED) portal. The SEED portal aims to enhance transparency for the community, sharing rehabilitation progress at large mine sites across the state. The spatial information submitted to the portal will eventually replace the requirement to supply this information in hardcopy formats.

Guideline: Mine rehabilitation portal (PDF, 1.05 MB) provides information on the data preparation and submission requirements via the mine rehabilitation portal. Guidance material and training videos can be found on our Mine Rehabilitation Portal webpage.

Related sites

1 Large mine means a mine the subject of one or more mining leases, the carrying out of activities under at least one of which requires an environment protection licence (EPL) under the Protection of the Environment Operations Act 1997.

Undertaking rehabilitation 

Mining companies must begin rehabilitation as soon as practicable over the life of the mine, gradually achieving the final land use identified in the development consent. 

The Resources Regulator monitors a company’s mine rehabilitation progress across the life of the mine.

Exploration title holders are required to undertake progressive rehabilitation over the life of the exploration project and must demonstrate that rehabilitation has met the required standards set out in the rehabilitation objectives and completion criteria required by the Exploration code of practice: Rehabilitation (PDF, 547.44 KB).

Before relinquishing part or all of an exploration title, the Regulator will determine if rehabilitation at the site has met the required standards. The title holder must demonstrate they’ve met all environmental obligations and achieved rehabilitation to the required standards before the security deposit is returned.

Rehabilitation Completion Annual Report (REH) forms – Exploration are lodged via the Regulator Portal. Users can:

  • lodge Rehabilitation Completion applications with or without a rehabilitation cost estimate
  • submit annual Environmental and Rehabilitation Compliance Report (ERCR)
  • lodge an application showing no surface disturbance and rehabilitation has been completed for an expired title.

Seed portal

Large mine rehabilitation data is available through the NSW Government’s central resource, the Sharing and Enabling Environmental Data (SEED) portal. The portal aims to enhance transparency for the community, sharing rehabilitation progress at large mine sites across the state. 

Mine rehabilitation and the Miners and Explorer's Map are among 6,000 environmental datasets including climate projections, biosecurity values and vegetation. Watch the how-to videos here:

Rehabilitation completion

In NSW, mining companies must submit evidence demonstrating mine rehabilitation has been completed and the final land use identified in their development consent has been achieved. 

The Resources Regulator assesses whether the evidence submitted is sufficient and demonstrates mine rehabilitation completion before a company’s mining lease is ended and the security deposit is returned.

Demonstrating rehabilitation completion

A guideline has been prepared to assist mining lease holders to demonstrate rehabilitation completion and achieve regulatory obligations under the Mining Act 1992 before mining lease relinquishment.

Read the Guideline: Achieving rehabilitation completion (sign-off).

A mining lease holder is required to:

  • undertake gradual rehabilitation after disturbance and over the life of the mine 
  • ensure rehabilitation of the mining area achieves the final land use 
  • submit a rehabilitation objectives statement describing the rehabilitation outcomes required to attain the final land use for the mining area 
  • rehabilitation completion criteria statement expanding on the rehabilitation objectives to define proof which demonstrates rehabilitation that has been achieved
  • final landform and rehabilitation plan (for large mines only) representing  the final land use, the final landform topography and the location of rehabilitation features
  • prepare and submit a forward program detailing how rehabilitation will occur after disturbance over the next three-year period 
  • prepare and submit an annual rehabilitation report demonstrating rehabilitation progress.

Rehabilitation completion assessment

The Regulator is responsible for determining when rehabilitation has achieved the final land use, prior to mining lease relinquishment and return of the security deposit.

Once rehabilitation has been achieved lease holders can:

The security deposit can be refunded (in part or in full) once it has been demonstrated that rehabilitation has achieved the final land use to the satisfaction of the Regulator.

Guidance material

Guidelines

The following resources have been prepared to assist lease holders understand and meet their obligations. The guidance material does not provide additional mandatory requirements.

Fact sheets

Other material