Planning Assessment and Approvals Processes

Planning Assessment and Approvals Processes

The mining industry is the most heavily regulated industry in NSW. Before a project is given approval, it undergoes rigorous assessment processes that identify all environmental, social and economic issues associated with the project. Approval is only granted if impacts can be managed within acceptable levels, taking into account the need to balance environmental, social and economic outcomes.

Effective planning approval processes are critical to attract mining investment to NSW. The NSW Minerals Council believes that assessment processes for mining projects should align with the following overarching principles:

Certainty – Assessment requirements must be clear and applied consistently to each project
Timeliness – The timeframes for each stage of the assessment and approval process should be clear and adhered to
Efficiency – Duplicative assessment and approval requirements should be minimised by adopting a streamlined, integrated, whole-of-government approach which focuses on key issues
Flexibility – Mining operations should have the flexibility in the way they approach their approvals, and changes during a project’s operation should be assessed using processes that are commensurate to the scale of risk the changes present.

Legislative framework

The main legislation involved in the regulation of mining project assessments includes:

NSW Environmental Planning and Assessment Act 1979 (administered by the NSW Department of Planning & Infrastructure) – The EP&A Act is the principal piece of legislation regulating the assessment, approval and operation of mining projects. Since 2005, development proposals classed as Major Projects (which includes most mining projects) are assessed under Part 3A of the Act. The aim of Part 3A is to streamline assessments and approvals for Major Projects by consolidating a number of separate processes into the one process. Under Part 3A, the Minister for Planning (or a delegate) determines whether a project is approved. If approval is granted by the Minister, it is the primary approval instrument with which most other approvals must be consistent.
NSW Mining Act 1992 (administered by the Department of Trade & Investment, Regional Infastructure & Services) – Mining leases are granted by DTIRIS under the Mining Act. Mining leases provide the holder with the right to extract minerals once all environmental assessment processes and approvals have been approved by government. Mining leases require proponents to lodge rehabilitation security deposits that cover the full rehabilitation costs of activities on the Lease to ensure the State does not incur financial liabilities in the event of a titleholder defaulting on their rehabilitation obligations. The Mining Act also provides the legal framework for the collection of royalties and further environmental protection measures.
Protection of the Environment Operations Act 1997 (administered by the NSW Office of Environment & Heritage) – The main objectives of the POEO Act are to protect, restore and enhance the quality of the environment in NSW through pollution prevention and cleaner production, the reduction of harmful discharges and wastes, the reduction in the use of materials and improved re-use, recovery and recycling of materials. Mining activities require Environment Protection Licences for air pollution, water pollution, noise pollution, blasting and waste management.

Some of the other legislation relevant during Project Assessment and operation includes:

Threatened Species Conservation Act 1995 (administered by the NSW Office of Environment & Heritage)
National Parks and Wildlife Act 1974 (administered by the NSW Office of Environment & Heritage)
Heritage Act 1977 (administered by the NSW Department of Planning & Infrastructure)
Water Management Act 2000 and Water Act 1912 (administered by the NSW Office of Water)
Environment Protection and Biodiversity Conservation Act 1999 (administered by the Commonwealth Department of Sustainability, Environment, Water, Population and Communities)

Relevant Documents

NSWMC Submission - Inquiry into the NSW Planning Framework

External Links

NSW Department of Planning & Infrastructure – Major Projects Fact Sheets