The NSW Government has reviewed the regulation of mining and exploration with the aim of improving the environmental management of these activities whilst streamlining administrative processes.

The environmental management provisions in the Mining Act 1992 had not been updated since the Act commenced.  As a result, some parts of the Act no longer represented contemporary environmental standards.  In light of this, the New South Wales Parliament passed the Mining Amendment Act 2008 in May 2008 (assented to on 20 May 2008).

Mining Amendment Act 2008

Key aims of the Mining Amendment Act 2008 are to:

• incorporate the principles of ecologically sustainable development within the Act;
• broaden the definition of the environment to identify all potential impacts of activities;
• strengthen certain environmental management conditions by making them statutory requirements;
• strengthen enforcement provisions of the Act, consistent with similar provisions in other legislation;
• streamline administration of mining in NSW and reduce unnecessary red tape.

The amendments are intended to provide greater certainty to industry and stakeholders regarding the rights and obligations associated with carrying out mining and exploration activities in the State.  The amendments also ensure that the regulation of mining is consistent with contemporary environmental standards, community expectations and recent developments in the NSW environmental regulatory framework.

The Mining Act 1992 and the Mining Amendment Act 2008 are available at http://www.legislation.nsw.gov.au/.

Mining Regulation 2010

The object of the proposed Mining Regulation 2010 is to support the Mining Act 1992 and ensure that all provisions of the Act operate to their fullest extent.

The Regulation will remake (with amendments) the Mining Regulation 2003, which will be repealed under the Subordinate Legislation Act 1989.

For further information, see:

Mining Regulation 2010
Mining Regulation 2010 (as exhibited)
RIS

Mining Amendment Act 2008 and Mining Regulation 2010: Proclamation and Commencement

The majority of the Mining Amendment Act 2008 (MAA), together with the Mining Regulation 2010 (Regulation), will commence on 15 November 2010 (certain provisions of The MAA not reliant on regulations commenced on 1 August 2008). Refer to the Proclamation Order for further information.

Some important provisions of the MAA will not commence from 15 November 2010. These include:

1 New exploration activity approval processes (Section 29 and related provisions)

The streamlining of the exploration activity approvals process was intended to be achieved by a combination of mechanisms, including:

• section 29 and related provisions of the MAA; and
• the proposed NSW Code for Routine Exploration Activities with Low Environmental Impact

The Department has identified a number of issues with the proposed approach to the Code and the operation of section 29 (and related provisions), such that these provisions are unable to meet the policy objectives. Consequently, the proposed streamlined approvals process is not able to commence until suitable arrangements are in place.  The Department is working to address the issue.

Until further notice, the existing exploration activity approval process will be continued.

2 Rehabilitation and Environmental Management Plan (REMP) (Section 70(1)(b) and related provisions)

The REMP is intended to replace existing requirements for Mining Operations Plans (MOPs) and Subsidence Management Plans (SMPs).

Further policy development and consultation with stakeholders is required to ensure that the REMP requirements and supporting guidelines reflect a whole-of-government approach. Consequently, the REMP and related provisions will not commence on 15 November 2010.  Until the commencement of the REMP provisions, the existing requirements and arrangements for MOPs and SMPs will continue to apply.

Industry and other stakeholders will be provided with further advice on the implementation of this legislation.

The Mining Amendment Act 2008 can be viewed at www.legislation.nsw.gov.au/maintop/view/inforce/act+19+2008+cd+0+N

For further information, please contact: