Code of practice for community consultation
Holders of exploration licences and assessment leases granted under the Mining Act 1992 and the Petroleum (Onshore) Act 1991 (prospecting title) must engage in adequate, inclusive and appropriate community consultation about planning and conducting exploration activities under a prospecting title.
Prospecting titles for all resources, including petroleum, are granted to encourage ecologically sustainable development and social responsibility and build economic wealth for the people of NSW.
In accordance with the Exploration code of practice: Community consultation, before commencing an activity permitted under a prospecting title, the titleholder must prepare a community consultation plan that describes how the titleholder will engage with the community.
The titleholder is required to have an engagement contact, with details to be made available on their website. The engagement contact will serve as the primary point of contact for community stakeholders seeking further information about an exploration project.
Annually, within one calendar month following the grant anniversary date of the prospecting title, the titleholder must also produce a community consultation report that details community consultation activities for the previous year, and make it available on request within 28 days. When planning, writing and publishing your report, consider how you will meet privacy laws while protecting the privacy and confidentiality of stakeholders.
Exploration code of practice: community consultation (PDF, 392.34 KB)
The code sets out mandatory requirements. It provides prospecting titleholders with related guidance regarding the expected performance for engagement in adequate, inclusive and appropriate community consultation about planning and conducting exploration activities under a prospecting title.
The code serves 2 purposes:
- it provides upfront information to the industry and the community
- it sets out enforceable mandatory requirements related to community consultation.
The code enables the industry to:
- adopt a risk-based approach to ensure compliance with mandatory requirements related to community consultation
- commit to measurable performance standards
- monitor performance and take corrective action if outcomes are not being achieved
- keep and maintain relevant records of activities and/or actions.
The code offers flexibility for explorers, to tailor their consultation to individual exploration programs and communities. But strengthens transparency for consultation with stakeholders who are directly affected by the exploration project.
Implementation
The updated code of practice will come into effect from 31 March 2026. This allows time for exploration companies to have their Community consultation plan in place, make engagement contact details available on their website and prepare reports using the updated requirements.
Download a copy of the existing code of practice (V2.1). (PDF, 224.17 KB)
Case study relating to community consultation reporting
Scorpio Resources Pty Ltd holds an exploration licence in Central NSW. It’s ‘Consolidated Community Consultation Strategy – Cobar Basin Project, updated September 2020’ was reviewed during a compliance audit by the Regulator.
The compliance audit determined that the strategy reflected the activity impact assessment that had been prepared, and comprehensively addressed the mandatory requirements of the Exploration code of practice: Community consultation (2016).
The compliance audit was undertaken against the requirements of the former Guideline for community consultation requirements for exploration Code of Practice (2016).
Read the case study here
Case study relating to community consultation risk assessment
Flemington Mining Operations Pty Ltd holds an exploration licence in Central Western NSW.
Flemington undertook a risk assessment associated with community consultation and engagement with their exploration program. The risks and control measures identified during the assessment were used to inform the development of the community consultation strategy for the Flemington project.
The compliance audit was undertaken against the requirements of the former guideline (2016).
Read the case study here
Case study relating to consultation with landholders
Flemington Mining Operations Pty Ltd holds an exploration licence in Central Western NSW.
Flemington opted to negotiate access agreements for each specific exploration activity. The Managing Director of Flemington advised that despite being additional work, the agreements gave more certainty to the landholder, to the company and set clear expectations for each party. Flemington attached a detailed prospecting plan to each access agreement, which meant the landholder knew what to expect.
The compliance audit was undertaken against the requirements of the former guideline (2016).
Read the case study here