Planning approval
Planning Approvals

All new mining projects are required to obtain planning approval under the NSW Environment Planning and Assessment Act (EP&A Act). The EP&A Act requires proponents to undertake detailed project assessment, including detailed environmental assessment, before they seek approval from the NSW Government to proceed with construction. Most mining proposals are assessed under Part 3A of the EP&A Act, and the decision of whether to grant approval is made by the Minister of Planning. Part 3A was introduced  by the NSW Government to reduce the complexity of the approval process for major projects which are vital to the future of NSW as a whole. Information on the approval process for the projects falling under Part 3A can be found at the NSW Department of Planning website: www.planning.nsw.gov.au/assessingdev/index.asp

Companies must also obtain a mining title under the Mining Act 1992 before mining can commence. Mining titles contain further environmental management and reporting requirements that must be compiled with, and are issued by the NSW Department of Primary industries. Further details can be found at the Department of Primary Industries website: www.dpi.nsw.gov.au/minerals

As well as obtaining plannning approval and a mining title, mining companies must also meet a range of other requirements such as:

  • Subsidence Management Plans for underground operations
  • Mine Operations Plans
  • Annual Environmental Mangement Reports
  • Environmental Protection Licences
  • Rehabilitation Security Deposits

The complex array of regulatory requirements ensures that all aspects of mining that could potentially impact of the environment or local communities are managed appropriately.

Most exploration activites fall under Part 5 of the EP&A Act. Under part 5, the NSW Department of Primary Industries is the consent authority for exploration activities and assesses their environmental impacts. More information on the assessment of the exploration can be found at the NSW Department of Primary Industries website www.dpi.nsw.gov.au/minerals/environment/exploration or the NSWMC exploration page www.nswmin.com.au/exploration_activity_in_nsw