The Mining Regulation 2003 is subject to staged repeal on 1 September 2011 as required under the Subordinate Legislation Act 1989. Under this Act, most regulations are subject to automatic repeal every five years. This process generally involves reviewing the Regulation and determining whether to allow the Regulation to lapse or be remade with or without amendment. 

The Mining Regulation 2010 (“the Regulation”) remakes the Mining Regulation 2003 with significant amendments and will commence on Monday 15 November 2010. To allow industry and other stakeholders time to familiarise themselves with the Regulation, online notification occurred on the NSW Legislation website on 5 November 2010.  

The Regulation is made under the Mining Act 1992 (“the Act”), as amended by the Mining Amendment Act 2008. The objective of the Act is to regulate mining in New South Wales. It does this by requiring certain titles (referred to as ‘authorities’) to be obtained prior to the commencement of mining operations and, among other things, by regulating the rehabilitation of mine sites during and after mining operations. The Regulation helps achieve the objects of the Act by making provision with respect to: prospecting and mining generally; authorities issued under the Act; small-scale titles (mineral claims and opal prospecting licences); access management plans for small-scale titles; the protection of the environment; the payment of royalties by the holder of a mining lease; and miscellaneous matters, including the issuing of penalty notices for contravention of the conditions of mining titles.

The draft Regulation and Regulatory Impact Statement (RIS) (174 Kb, ) were placed on public consultation from 14 May to 18 June 2010. Nineteen submissions were received. A report on the outcomes of the public consultation (410 Kb, ) provides an update on the submissions received and the changes made to the draft Regulation as a result.

The final Regulation can be viewed on the NSW Legislation website of the NSW Parliamentary Counsel.