What happens during exploration and rehabilitation on my land?

The purpose of exploration is to identify the location, quantity and quality of mineral resources beneath the surface of land. This process enables the discovery and potential development of mineral resources. 

Exploration can also be referred to as prospecting. 

Only exploration activities can be conducted under an exploration licence. An exploration licence does not permit mining activities. It also does not imply or guarantee that mineral resources will be identified. 

An exploration licence provides the holder exclusive rights to explore for specific minerals or group of minerals within a designated exploration area.

Exploration for mineral resources is iterative in nature through testing and narrowing down prospective areas. This can mean that multiple areas are explored using different methods over time. 

For more information about exploration, refer to the A landholder's guide to exploration page and the Exploration page. 

Exploration cannot occur on your land without an exploration licence and a land access arrangement in place. A land access arrangement outlines the terms and conditions for explorers conducting exploration activities on your land. 

The exploration activities that may take place on your land can include, but are not limited to:

• Geological mapping
• Geochemical surveys
• Geophysical surveys
• Drilling
• Bulk sampling 

During the negotiation of a land access arrangement, the explorer should clearly state the exploration activities they intend to conduct on your land including by whom, when, where and how. 

These activities may include minimal impact exploration such as walking or driving to observe the location, orientation and characteristics of rocks and sediments. 

The explorer might also collect surface-level rocks and sediment samples by hand or by using hand-held tools such as augers. This could also include using hand-held or vehicle mounted instruments to collect data on geophysical properties. 

Higher impact exploration activities, such as drilling using vehicle-mounted drilling rigs, or bulk sampling, are used to collect samples and information from below the surface. Any disturbance to the surface of the land from these activities will require rehabilitation. 

Exploration activities on your land must also comply with the explorer’s exploration licence and any exploration activity approvals.

For more information, refer to the Types of exploration activities on the A landholder's guide to exploration page.

Exploration activities are carried out by the exploration licence holder, known as the explorer, or prospector, or by third-party contractors operating on their behalf. 

An explorer cannot begin exploration activities on your land without a finalised land access arrangement. 

How the explorer will access your land to conduct their exploration activities and rehabilitation should be clearly articulated and understood by all parties involved. These details should have been clearly discussed and agreed upon during the negotiations of a land access arrangement.

When explorers are exploring on your land, they have specific responsibilities and obligations. They must follow the terms and conditions in your written land access arrangement. Additionally, their on-ground exploration activities must be conducted in accordance with:

• an exploration licence
• any exploration activity approvals
• the exploration codes of practice.

You can broadly expect the following when explorers are on your land:

• Regular communication before, during and after exploration and rehabilitation.
• Adhering to the agreed timing of access and designated points of entry and access routes.
• Surface disturbance as part of establishing exploration sites and access routes if they are required.
• Minimal disruption to your property and farming operations along with adherence to any farm protocols.
• Conduct of on-ground exploration activities.
• Timely compensation paid for a compensable loss, as agreed upon.
• Prompt rehabilitation of disturbed areas. 

For more information about land access arrangements, refer to the land access phase page of the landholder's guide to exploration.

Yes. You can continue your regular business operations while exploration activities are taking place. 

You must also follow the terms and conditions in your written land access arrangement while explorers are on your land.

Rehabilitation is the process of restoring land back to a condition which is safe and stable after it has been disturbed by exploration activities. Rehabilitation ensures that the environment is not unduly affected by exploration activities. 

The explorer is responsible for rehabilitating your land once they have completed their exploration activities. Your land may need rehabilitating if any surface disturbing exploration activities, such as drilling, have taken place. 

Explorers should also conduct their exploration activities in a manner that prevents and minimises the extent of surface disturbance. By reducing the extent of disturbance, explorers are more likely to achieve successful rehabilitation outcomes. 

Yes. The explorer must consult with you about their rehabilitation techniques. This consultation can occur during the negotiations of a land access arrangement as well as before exploration activities begin on your land. Any agreements should be recorded in your land access arrangement.

The explorer must also develop rehabilitation objectives and completion criteria which are the benchmarks to be achieved at the completion of rehabilitation works.

For higher-risk operations, explorers are also required to prepare a Rehabilitation Management Plan. Higher-risk operations include excavations or bulk sampling in excess of 60 cubic meters or situations where the surface disturbance exceeds 5 hectares across the entire exploration licence area. 

The rehabilitation objectives and completion criteria as well as a Rehabilitation Management Plan must be developed in consultation with you. This is a mandatory requirement under the Exploration code of practice: Rehabilitation (PDF, 547.44 KB). 

The explorer must commence rehabilitation of disturbed areas on your land as soon as reasonably practicable after completing their exploration activities.

If your property has multiple disturbed areas that occurred over an extended period, rehabilitation should be undertaken progressively. 

Progressive rehabilitation minimises the risk of environmental harm. Additionally, progressive rehabilitation is beneficial for you as the landholder as it supports the quicker establishment of the final post-exploration land-use. This may for example, include returning the land to its previous land-use. 

There are also several factors that may impact the timing of when rehabilitation activities can commence. For instance, the need to avoid sowing agricultural crops or planting native vegetation during unseasonal conditions. Weather and the availability of rehabilitation equipment and machinery can also play a role. 

If rehabilitation is delayed, the explorer should communicate with you as part of your land access arrangement.

The explorer is responsible for developing, implementing and completing a rehabilitation program on your land. 

The specifics of this rehabilitation program will depend on the nature and extent of surface disturbances caused by their exploration activities. Surface disturbances that will typically need rehabilitation include the exploration site/s and access track/s. 

Different rehabilitation techniques may also be used at different stages of exploration and rehabilitation. Additionally, the rehabilitation program should also include a monitoring and a care and maintenance phase. 

To rehabilitate their exploration activities, the explorer may use a combination of techniques and controls, including but not limited to the following:

1  Before commencing exploration activities:

• Stripping and stockpiling of topsoil and subsoils.
• Minimising disturbance, compaction and loss of soil stockpiles.
• Collecting and storing seeds from native vegetation on or near disturbed areas.
• Salvaging and stockpiling dead and/or cleared woody debris.
• Implementing a weed control program.
• Taking photographs and videos of pre-disturbed sites from fixed points.

2. During exploration activities:

• Monitoring soil stockpiles for soil loss and weed infestations.
• Controlling weeds in disturbed areas and soil stockpiles through scalping or spraying.
• Implementing soil erosion control measures around disturbed areas and on soil stockpiles.

3. After exploration activities finish:

• Removing and disposing of plant, equipment and materials brought on-site.
• Removing and disposing of produced waters, drilling by-products, and drill cores and chips.
• Removing any imported fill material that was spread on the exploration site or access tracks.
• Repairing constructed access tracks that are being kept by the landholder.
• Decommissioning and sealing of drillholes, including capping and/or infilling.

4. Start rehabilitation: 

• Filling in of excavated sumps, trenches or bulk sampling pits.
• Scarifying or ripping compacted sites.
• Respreading stockpiled soils on disturbed areas.
• Reshaping disturbed areas to match pre-existing or alternative landforms.
• Applying soil ameliorants such as gypsum, lime, fertiliser, compost, or mulch .

5. During rehabilitation to achieve agricultural production as final land-use: 

• Sowing grasses or crops.
• Implementing soil erosion control measures if seasonal conditions are unfavourable for crop or pasture establishment. 

6. During rehabilitation to achieve native ecosystems as final land-use: 

• Direct seeding or planting tubestock, which may include using on-site collected seeds or locally sourced seeds.
• Stabilising disturbed areas with brush-matting to promote natural recruitment of native vegetation.
• Spreading stockpiled woody debris on disturbed areas. 

7. After rehabilitation completed:

• Photographs and videos of rehabilitated sites from the fixed points.
• Continuing weed control program in rehabilitated areas.
• Implementing soil erosion control measures until vegetation has established.
• Watering planted native vegetation or sowed crops and pastures.
• Resowing, reseeding or replanting areas where revegetation has failed. 

For more information about rehabilitation programs, refer to Exploration Code of Practice: Rehabilitation. 

There are several conditions and controls in place to ensure the explorer completes rehabilitation on your land, including: 

• security deposits
• exploration licence conditions
• exploration activity approval requirements
• Exploration code of practice: Rehabilitation
• land access arrangements.

Before being granted an exploration licence, the explorer must lodge a security deposit with the department to cover their obligations relating to rehabilitation. Where an explorer does not rehabilitate to the satisfaction of the department, the security deposit may then be used by the government to meet the rehabilitation requirements. 

All exploration licences have a general condition that requires rehabilitation of any surface disturbances caused by exploration activities. Rehabilitation must also be undertaken in accordance with the mandatory requirements in the Exploration code of practice: Rehabilitation. 

Failure to comply with these rehabilitation conditions and controls may have regulatory and compliance implications for the explorer under the Mining Act 1992.

Your land access arrangement may also contain provisions for completing rehabilitation. This may include specifying the rehabilitation techniques and methods to be used. 

For more information, go to Exploration rehabilitation completion page. 

Explorers should communicate regularly about the progress and completion of rehabilitation on your land as per the agreed communication protocols in the land access arrangement. 

You should inspect and might choose to photograph the rehabilitated areas on your land. Timely inspections will assist you to identify issues early.  

At a minimum, the rehabilitated areas should be restored to a safe and stable condition that supports the post-exploration land-use. 

If you have concerns that the rehabilitation is incomplete or unsatisfactory, raise your concerns directly with the explorer. Attempt to resolve the issue with the explorer and if necessary, request any remediation actions.

Additionally, check your land access arrangement for guidance on how to proceed in this situation. If necessary, follow the dispute resolution processes outlined in your land access arrangement. 

If the rehabilitation remains unsatisfactory, you can discuss your concerns with the Resources Regulator. 

For more information on reporting unsatisfactory completed rehabilitation to the Resources Regulator, refer to the incident reporting page. Alternatively call 1300 814 609 for all Resource Regulator enquiries.

When an explorer is on your land, you have responsibilities and obligations under your land access arrangement. This includes, but is not limited to the following: 

• Working with the explorer with fairness and in good faith.
• Allowing the explorer to access your land.
• Not impeding, restricting or interfering with the explorer’s permitted exploration activities.
• Raising issues or disputes with the explorer’s on-site supervisor and attempt to resolve them.
• Notifying the explorer of a change in land ownership. 

Your rights as a landholder when an explorer is on your land, includes but is not limited to the following:

• The explorer must follow the terms and conditions of your written land access arrangement.
• You or the explorer can vary the land access arrangement whether by mutual agreement or through arbitration.
• You are entitled to compensation for any compensable loss suffered as a result of the exploration activities.
• You will be consulted on the rehabilitation outcomes.
• You have the right to uninterrupted access to water for stock watering purposes.
• You have general immunity against being held responsible or liable for the explorer’s actions whilst they exercise their rights on your land.
• You have the right to prevent the explorer accessing your land if they have contravened the land access arrangement.
• You can access an arbitration process if you and the explorer are unable to successfully resolve a contravention of the land access arrangement.

If a land access arrangement is contravened, you and the explorer are responsible for resolving the issue. 

An explorer, including any third-party contractors acting on their behalf, must follow the terms and conditions in your written land access arrangement. This includes adhering to the designated entry points, access routes and explorations sites as well as paying the agreed compensation for compensable loss. 

If the explorer contravenes your land access arrangement, you have the right to deny them access to your land. You can deny access until the explorer or their third-party contractor, stops the contravention, or until an arbitrator appointed by the department resolves the matter.

Your land access arrangement may have provisions on the handling or resolution of any contraventions. If a contravention occurs, check your land access arrangement for how to proceed.   

You or the explorer can also apply to the department for the appointment of an arbitrator to resolve a contravention issue. There is no cost associated with lodging this application. 

The department will appoint an arbitrator within 48 hours of receiving the application. An arbitrator will be appointed from the panel listed on the current panel of arbitrators. 

Once appointed, the arbitrator has 5 business days to resolve the contravention issue. If the arbitrator does not resolve the matter in that time, you may deny the explorer access to your land until the arbitrator has made a determination. 

While the department can appoint an arbitrator to assist you with resolving contravention of land access arrangement issues, the Resources Regulator does not have a role in investigating alleged contraventions of land access arrangements.

If you have concerns or a dispute while your land access arrangement is in place, you should raise the issue with the explorer. This also applies to any issues involving any third-party contractors engaged by the explorer. 

Your land access arrangement may also have dispute resolution clauses that outline how to address and resolve any disputes with the explorer. 

Disputes between you and the explorer must be resolved by the parties involved. In some cases, resolving the issue may require a variation to the existing land access arrangement.

You may also seek resolution under other relevant legislation, which could involve proceedings in the Land and Environment Court. In this situation, you may wish to seek your own independent legal advice that is tailored to your specific circumstances.

The Resources Regulator does not have a role in resolving or investigating disputes regarding land access arrangements. The Resources Regulator lacks the statutory power under the Mining Act 1992 to investigate or take compliance or regulatory action for any disputes regarding land access arrangements. 

Once a land access arrangement is finalised, generally neither you nor the explorer can withdraw. This applies whether the land access arrangement was finalised through mutual agreement or arbitration. 

However, your land access arrangement may specify terms and conditions under which either party can withdraw or terminate the arrangement. Check your land access arrangement to determine if there are conditions that allow withdrawal or termination as well as the process for proceeding. 

There may be situations where the land access arrangement will need to be varied to accommodate changes in circumstances. This could include the explorer changing their exploration activities, which may require new protection measures to be put in place. 

Either you or the explorer can initiate a variation of a land access arrangement. As part of the variation process, the original terms and conditions can be removed, added or altered to address the change in circumstances.

If a variation is required, check your land access arrangement to see if there are conditions on the process for proceeding with a variation.  

The land access arrangement can usually be varied in one of the following ways:

• Following the conditions of the arrangement.
• Both you and the explorer mutually agreeing to the variation.
• An arbitrator undertakes an arbitration to determine the variation.
• The Land and Environment Court orders the variation but only if an arbitrator or court made the original determination of the arrangement .

When negotiating a variation to a land access arrangement, you should consider the matters outlined in the Checklist for landholders: Key considerations for negotiating a land access arrangement. 

If you and the explorer cannot mutually agree on a variation of your land access arrangement, you both have the option to pursue arbitration. 

An arbitrator can be appointed to undertake an arbitration process to vary the land access arrangement. Arbitration can used for the variation process, regardless of whether an arbitrator was used or not to finalise the original arrangement. 

Either you or the explorer, can serve a written notice requesting the appointment of a mutually agreed arbitrator. 

The arbitrator can be mutually agreed to by both parties. Alternatively, either you or the explorer can apply to the department for the appointment of an arbitrator. The department will then be select an arbitrator from the panel listed on the current panel of arbitrators. 

If an arbitrator is used to vary the land access arrangement, the explorer does not reimburse any of your costs as a landholder for participating in the arbitration process. You will be responsible for your own costs which includes your time, legal or expert costs incurred as part of this arbitration process. 

During arbitration, the arbitrator must follow the steps in the department’s Land Access Arbitration Procedure. 

A land access arrangement does not run with the land. 

A land access arrangement also does not immediately terminate when there is a transfer in land ownership. The nature of the ownership change determines whether the existing land access arrangement will continue as is, or can be varied, or if there is the potential to create a new one.

If there is a new landholder, and there are no remaining landholders who were a party to the original land access arrangement, the land access arrangement terminates. 

If 2 or more landholders are a party to the original land access arrangement and 1 of them ceases to be a landholder, the land access arrangement does not terminate. In this circumstance, the arrangement will continue to have effect between the explorer and the remaining landholders.

If there are 1 or more landholders and an additional person becomes a new landholder, the land access arrangement continues to have effect. The land access arrangement also applies to the new landholder if the explorer provides the new landholder a copy of the finalised land access arrangement. The new landholder will then be subject to provisions of the land access arrangement, except for those relating to compensation. 

The new landholder may object to the land access arrangement within 28 days of receiving it. The existing land access arrangement will continue to apply to the new landholder until either:

• the new landholder agrees to an access arrangement with the explorer, or
• an arbitrator is appointed and determines a land access arrangement with the new landholder.

If 60 days pass since the landholder objects and a land access arrangement has not been agreed upon or determined, the existing land access arrangement ceases to apply to the new landholder. However, an arbitrator or the Land and Environment Court may continue the existing land access arrangement until a new arrangement is determined. 

You may wish to seek independent legal advice if you are a new landholder and the previous and/or remaining landholders had a land access arrangement in place. 

Exploration licences can be transferred to another person or company. This transfer may apply for the whole licence area or only part of the licence area. 

If the holder of an exploration licence changes, your existing land access arrangement will typically immediately terminate, unless your land access arrangement specifies otherwise.  

Check your land access arrangement to see if there are conditions relating to the transfer of an exploration licence. This may include whether the land access arrangement continues or how you are informed about the change in holder of the exploration licence. 

The old explorer should notify you that they have transferred the exploration licence to a new explorer. 

You can check to see if an exploration licence over your land has been transferred to a new explorer using the Mining Titles Register and MinView.

If your land access arrangement has terminated and the new explorer wants to access your land, they will have to negotiate a new land access arrangement with you.

Exploration licences may be granted for a term of up to 6 years. They can then be renewed for a further term of up to 6 years. 

There is no limit to the number of times an exploration licence can be renewed. However, the explorer must meet certain requirements for their exploration licence to be renewed. 

An exploration licence may be renewed for either:

• the entire licence area, or
• a portion of the licence area, with the remaining area relinquished.

You can check if an exploration licence over your land has been renewed or relinquished using the Mining Titles Register and MinView. Your land access arrangement may also require the explorer to notify you on renewal or relinquishment.

If the exploration licence over your land is renewed, your land access arrangement will either continue or may need to be varied. 

The explorer may require a variation to the land access arrangement to reflect any changes to the terms and conditions of their renewed exploration licence. This may include new timeframes, changes to the exploration area, or changes in permitted exploration activities. 

If the exploration licence over your land expires or is relinquished, your land access arrangement will no longer apply and terminates. A valid exploration licence is required for an explorer to conduct exploration activities on your land. However, the explorer may still require access to your land for rehabilitation purposes which your land access agreement may address.

Explorer’s must comply with the conditions of their exploration licence, including following any issued exploration activity approvals and adhering to the exploration codes of practice. This is part of an explorer’s obligations under the Mining Act 1992. 

The Resources Regulator is responsible for compliance and enforcement functions across NSW’s mining sector including regulating exploration activities and rehabilitation under the Mining Act 1992. This includes the following:

• Issuing exploration activity approvals.
• Ensuring compliance with exploration licence conditions, exploration activity approvals and exploration codes of practice.
• Conducting site inspections and investigations.
• Addressing community and landholder complaints.

The Resources Regulator also has a role in regulating work healthy and safety on exploration sites under the Work Health and Safety (Mines and Petroleum Sites) Act 2013. 

The Resources Regulator is a group within NSW Resources. 

For more information about the role of the Resources Regulator, go to About Us and Resources Regulator pages. 

If you observe or suspect that an explorer is not conducting their exploration activities and rehabilitation appropriately, you can report it to the Resources Regulator. The Resources Regulator is responsible for investigating landholder and community complaints, and alleged breaches of the Mining Act 1992.

To report an alleged breach of an exploration licence, or an incident, you can use the online form Notify the Regulator. You can report an alleged breach or incident whether it occurred on your land or not.

When submitting a report, you will need to provide details about when, where and what happened, as well as any other relevant information. You can also choose to submit your report anonymously. 

The Resources Regulator will receive, record, and action your complaint. 

If you provide your contact details, an officer will contact you to discuss your report. As part of their investigations, they may also conduct a site inspection or ask you for more information. 

You will be informed of the outcome once the investigation into the alleged breach or incident is complete.

For more information on reporting an alleged breach or incident as a landholder or community member, refer to the Resources Regulator’s incident reporting page. Alternatively call 1300 814 609 for all Resource Regulator enquiries. 

The Resources Regulator has various compliance and enforcement mechanisms available under the Compliance and enforcement approach policy and the Mining Act 1992.

The Compliance and enforcement approach policy outlines the principles that guides the Resources Regulator’s compliance and enforcement processes as well as regulatory actions that may be taken. 

If the Resources Regulator determines, after an investigation, that a breach of the Mining Act 1992 has occurred, action will be taken against the explorer. The type of action will depend on the significance and severity of the breach as well as the supporting evidence. 

Regulatory actions may include: 

• issuing warning letters, official cautions and penalty notices
• issuing notices and directions
• imposing additional conditions on the exploration licence
• suspending or cancelling the exploration licence or exploration activity approval
• conducting enforceable undertakings
• undertaking prosecution.

Multiple actions may be taken against the explorer simultaneously to achieve a compliance outcome. 

For more information about the compliance and enforcement approach of the Resources Regulator, go to the Regulatory approach and Compliance pages. 

The key NSW legislation for the exploration and rehabilitation phase of the exploration lifecycle includes:

• Mining Act 1992
• Mining Regulation 2016

The key legislation references for the exploration and rehabilitation phase includes:

1. Implementation and variation of land access arrangements.
   • Exploration must be conducted in accordance with a land access arrangement – section 140 of the Mining Act 1992.
   • General immunity of landholders against being held responsible for the explorer’s actions – section 383C of the Mining Act 1992.
   • Variation of a land access arrangement – section 157 of the Mining Act 1992.
   • Change in landholders while land access arrangement in place – section 158 of the Mining Act 1992.
2. Compliance and regulation of exploration and rehabilitation.
   • Exploration must be conducted in accordance with a land access arrangement – section 140 of the Mining Act 1992.
   • Breach of licence conditions is an offence – section 378D of the Mining Act 1992.