A draft of the proposed Mining Amendment (Mine Rehabilitation) Regulation 2026 (proposed Regulation) is available for public comment.
The proposed Regulation will vary the standard conditions of mining leases prescribed in Schedule 8A of the Mining Regulation 2016 (Mining Regulation). Notice is given, under Schedule 1B, clause 13 of the Mining Act 1992, of the Minister’s proposal to vary these conditions imposed by the regulations.
Changes to be made to the standard conditions include:
- Amending the definition of ‘large mine’
- Clarifying requirements for the provision of forward programs, rehabilitation reports and rehabilitation completion statements
- Enabling publication of a summary of a rehabilitation cost estimate (RCE) with a forward program rather than the full RCE.
The proposed Regulation also includes other amendments which will:
- Prescribe new notification and consent requirements for mining lease holders who seek to voluntarily suspend their mining operations
- Provide legislative authority for applicants to:
- amend applications for assessable prospecting operations before the application is decided, and
- rely on a statement of corporate compliance, environmental performance history and financial capability they have submitted with a previous application within the last 12 months, if the information has not changed
- Rename statements of corporate compliance, environmental performance history and financial capability to ‘probity statements’
- Prescribe application fees for Group 12 minerals (hydrogen and non-metals).
Visit the NSW Resources consultations web page to view a copy of the proposed Regulation (PDF, 217.44 KB) and an Explanatory Guide (PDF, 901.08 KB) for the amendments.
Comments are requested by 5.00 pm on Tuesday 9 June 2026 and should be emailed to nswresources.policy@dpird.nsw.gov.au.
A public information session on the proposed Regulation will be conducted by webinar on Thursday 21 May 2026 at 11.00 am. Interested members of the public are requested to register to participate in the webinar.
