Exploration and mining in New South Wales Mining Act and Aboriginal cultural heritage reforms

Introduction

The commencement of the remaining amendments to the Mining Act 1992 (NSW) (Mining Act) is a step closer with the conclusion of the public exhibition of the draft Mining Regulation 2010 on 18 June 2010.

Whilst a number of the amendments commenced on 1 August 2008, the balance have been awaiting the making of the regulations.

The amendments to the Mining Act, the proposed new Mining Regulation 2010 and the amendments to the National Parks and Wildlife Act 1974 (NSW) relating to the protection of Aboriginal cultural heritage, form part of a suite of changes to the regulatory framework governing mining in New South Wales.

Amendments to the Mining Act

Amendments include:

• new provisions requiring a decision maker, when granting and renewing mining tenements, to take into account the impact on the environment of the activities authorised by the mining tenements
• new provisions requiring a decision maker, when granting and renewing mining tenements, to take into account the applicant’s past environmental performance
• a new power to impose conditions on mining tenements with respect to the protection of the environment and rehabilitation
• new provisions relating to the reporting of performance under mining tenements
• provision for the conduct of mandatory and voluntary audits
• new requirements with respect to the registration of subleases
• changes to the provisions dealing with the application for and renewal of mining tenements, and
• savings and transitional arrangements.

Draft Mining Regulation 2010

Whilst the draft Mining Regulation 2010 is substantially based on the existing Mining Regulation 2003, there are significant amendments, including:

• the requirements for each of the ‘annual exploration report’, ‘geophysical survey results report’, ‘renewal justification statement’, ‘relinquishment report’ and ‘final report’
• the ‘confidentiality period’ for certain reports provided to the department
• requirements for tenement and other applications under the Mining Act, including compensation related claims, and
• savings and transitional provisions, including with respect to the treatment of the ‘mining operations plans’.

Aboriginal cultural heritage

The National Parks and Wildlife Amendment Act 2010 (NSW) is presently awaiting commencement. The Act substantially amends the current Aboriginal cultural heritage regime in New South Wales.

Importantly:

• the offence provisions will be changed to increase the penalties, include a strict liability offence and a new due diligence defence (that incorporates prescribed guidelines)
• there will be a new process for applications for Heritage Impact Permits including new consultation guidelines, and
• there will be new mechanical provisions that manage matters such as the transfer and variations of conditions of Heritage Impact Permits.

This article was written by William Oxby, Senior Associate, Sydney.

More information

For information regarding possible implications for your business, contact