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Last updated: 25 January 2009

5.1 Mining

1 Overview

In NSW, exploration and mining is regulated under the following legislation:

• for minerals (such as coal)1– the Mining Act 1992,2
• for petroleum products:
  • on land – the Petroleum (Onshore) Act 1992
  • offshore – the Petroleum (Offshore) Act 1982 (formerly known as the Petroleum (Submerged Lands) Act 1982,
• for both minerals and petroleum:
  • the Environmental Planning and Assessment Act 1979,
  • SEPP (Major Projects) 2005
  • State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007.

The Mining Act 1992 does not apply to sand and gravel extraction, which is regulated under the EPA Act.3

This fact sheet explains how mining and petroleum projects (onshore) are assessed and approved, with a focus on the provisions which allow landowner and public participation.

1.1 Responsible Minister

The Minister for Mineral Resources is responsible for both the Mining Act 1992 and the Petroleum (Onshore) Act 1992. Both Acts are administered by the Department of Primary Industries.

1.2 Useful web links

The Mining Act is administered by the NSW Department of Primary Industries http://www.dpi.nsw.gov.au/

The Department has produced a range of fact sheets which explain landholder rights under mining and petroleum legislation, including a list of common questions.

1.3 Useful legal texts

• The Environmental Law Handbook, Farrier and Stein, eds (2006), Chapter 17, pp 596-631

2 Legislative framework

Mining for minerals is regulated under the Mining Act 1992 and the Mining Regulations 2000.

Petroleum exploration and production on land is regulated under the Petroleum (Onshore) Act 1992.

Mining and petroleum production is also regulated under two SEPPS:

• SEPP (Major Projects) 2005, and

• SEPP (Mining, Petroleum Production and Extractive Industries) 2007.

2.1 Types of mining approvals

• exploration licences

• assessment leases

• mining leases

• mineral claims

• opal prospecting licences.

• Exploration licences

• Assessment leases

• Production leases.

This Fact Sheet focuses mainly on the provisions regarding exploration and mining, and does not deal with mineral claims or opal prospecting licences.

Mineral claims are usually granted in a “mineral claims district” to explore and extract minerals on a small scale.4 At present, there are only two mineral claims districts in NSW: White Cliffs and Lightning Ridge.5

Mineral claims can only be granted over small claims (less than 2 hectares) for a period less than 5 years.6 Larger operations, such as those which use large machinery to extract minerals or which occupy more than 2 hectares, must have an exploration licence.

It is an offence to enter another person's mineral claim without a lawful excuse (eg as an invited tourist).7

2.2 Mining and prospecting generally prohibited without approval

It an offence to prospect or mine for any mineral unless the person holds an authority or mineral claim under the Mining Act 1992.8 Under the Act, an “authority” means an exploration licence, an assessment lease or a mining lease.9

3 Exploration activities

Exploration activities for petroleum or minerals in NSW must not be carried out unless the person holds a title to prospect or explore under the Mining Act 1992 or the Petroleum (Onshore) Act 1992 (exploration title).10

3.1 Exploration titles

Exploration titles include the following:

• Exploration licences

• Assessment leases

• Petroleum Exploration Licences

• Petroleum Assessment Leases.

An exploration licence gives a person the exclusive right to prospect for minerals or petroleum in the area covered by the licence,11 whereas the purpose of an assessment lease (for minerals or petroleum) is to give a person the right to both prospect and to assess any mineral or petroleum deposit on the land.12

An assessment lease is designed to allow a leaseholder to retain their rights over an area where a significant mineral or petroleum deposit has been found, but which may not be commercially viable in the short-term until further assessment is carried out.

Exploration titles for minerals and petroleum are granted by the Minister.13 The titles are usually subject to an extensive list of conditions, which can include conditions requiring the rehabilitation of land, and a requirement to give security to ensure the fulfillment of obligations under the Act(s) and the title.14 Title conditions are legally binding.15

An exploration titles can be granted over land of any title or tenure, including privately-owned land.16

Before the Minister can grant an assessment lease for mineral exploration, any other government agency or local council which may be affected by the grant must be notified and can object on the grounds that they have other major proposals for the use of that land.17 The assessment lease cannot be granted until any objections are resolved, if necessary, by the Premier.

These are no equivalent provisions which allowing public authorities to object to the grant of an exploration licence for minerals, or an exploration title for petroleum.

An exploration licence for minerals can be granted for an initial term of up to 5 years, and may be renewed.18 An exploration licence or assessment lease for petroleum products can be granted for an initial term of up to 6 years and can be renewed.19

Exploration for minerals or petroleum must not be carried out in an “exempted area” unless the Minister for Primary Industries has granted an exempted area consent.20

Exempted areas are defined as land which are held for public purposes, and include areas such as State Forests and national parks.21

3.2 Development consent not required

Development consent is not required for mineral or petroleum exploration activities.22

3.3 Environmental assessment of exploration titles

Once an access arrangement and exempted area consent is obtained (if required), the Minister (through the Department) must then assess the environmental impacts of any proposed mineral or petroleum exploration.

If the exploration requires development consent, then environmental assessment will take place under Part 4 of the EPA Act. Part 5 of the EPA Act applies.

However in most cases, Part 4 will not apply to exploration activities, and therefore the process of assessing the environmental impact of exploration activities will be governed by Part 5 of the EPA Act. Neither the Mining Act 1992 or Petroleum (Onshore) Act 1992 contain any environmental assessment provisions.23

Under the EPA Act, the Minister for Primary Industries is a “determining authority” (because the Minister's approval is required to carry out any mineral or petroleum exploration), and the Minister is therefore under a statutory duty to examine and take into account the likely impacts of any exploration on the environment.24

If the Minister is of the view that an exploration title is likely to have a significant impact on the environment, then applicant must provide the Minister with an environmental impact statement.25 The decision as to whether to require an EIS is made after a preliminary review of environmental impacts has been conducted (called a Review of Environmental Factors).

3.3.1 Departmental practice for environmental assessment

The Department has established the following three categories for the assessment of applications for mineral or petroleum exploration:

• Category 1 exploration activities– low-impact exploration activities: these can be carried out without further assessment or approval.

• Category 2 exploration activities – medium-impact activities: these require the applicant to lodge a Surface Disturbance Notice. The Department then assesses the notice and decides whether a Review of Environmental Factors is required.

• Category 3 exploration activities – higher-impact activities: applicant must submit a Surface Disturbance Notice and an Review of Environmental Factors (REF). If the Department finds that there is likely to be a significant environmental impact, then a full EIS is required.

All exploration titles which have been granted are listed on the Department of Primary Industry's website. The website shows the date when each exploration title was approved, along with the document which describes the likely environmental impact of the exploration activities.

3.3.2 Threatened species

As part of the Minister's Part 5 obligations, the Minister must also consider the effect of the exploration activities on:

• critical habitat for threatened species,

• threatened species and their habitats, and

• any other flora and fauna protected under the NPW Act,

• unless the applicant has already obtained a biobanking statement.26

If the exploration is likely to have a significant impact on threatened species, then the application must be accompanies by a species impact statement, unless a biobanking statement has been issued for the exploration.27 The Environment Minister must also be consulted, and the Minister's concurrence (agreement) obtained.28

The Planning Minister can request the Planning Assessment Commission to conduct a review into an application for a mineral or petroleum exploration title if the Planning Minister has concerns about its potential to impact on the environment.

Upon receiving a report from the Commission, the Planning Minister considers the findings of the review and advises the Minister for Primary Industries on whether or not there are any environmental grounds which would preclude the carrying out of the exploration.29

• For more information on the Planning Assessment Commission, see Fact Sheet 2.2.

3.4 Landholder rights

The material below summarises the rights of landholders in relation to mineral exploration. The Department of Primary Industry's website also contains information on landholder rights.

3.4.1 No obligation to notify landholders directly of exploration licence

There is no obligation under the Mining Act 1992 for an applicant to directly notify landholders who might be affected by an exploration licence or assessment lease that an application for an exploration title has been made.

However, the Department of Primary Industries website states that, in practice, all applicant's for an exploration licence will be required to advertise that they have lodged such an application by publishing a notice in State-wide and District newspapers, although there is no legal obligation to do so under the Mining Act 1992.

3.4.2 Landholders must be notified of application for petroleum assessment lease

Where an application is made for a petroleum assessment lease, the applicant has a statutory obligation to:30

• publish notice in a State-wide newspaper that the applicant intends to lodge, or has lodged, an application for an assessment lease, and

• must also notify those landholders whose lands lie wholly or partly within the area to be covered by the lease.

3.4.3 Mineral exploration near houses, gardens, etc

The holder of an exploration title (exploration licence or assessment lease) for minerals must not carry out any exploration activities (on the surface of land) within a certain distance of a house, garden or significant improvement, unless they have the written consent of the landowner.31 A significant improvement includes any substantial building, dam, or other valuable structure.32

The following distances apply:33

• For a house (which is a principle place of residence) – 200 metres

• For gardens – 50 metres

• For significant improvements – on the land on which the improvement is located.

Any disputes between the title holder, landowner or occupier about whether particular exploration activities can take place near a house, garden or improvement under these provisions are heard by the Warden's Court.35

There are no equivalent provisions in the Petroleum (Onshore) Act 1992 restricting the distance by which petroleum exploration activities can be carried out near houses, gardens and other improvement.

Before carrying out any activities for the exploration of minerals under an exploration licence or assessment lease (an exploration title) on privately-owned land, the holder of the exploration title must enter into an access arrangement with the landholder.36 Access arrangements can be agreed either orally or in writing.37 Where no agreement can be reached, an arbitrator can resolve the matter.38 A party who is dissatisfied with an arbitrator's final determination can appeal to the Warden's Court.39

An access arrangement can make provision for a range of matters, including:40

• the periods during which access is permitted,

• the parts of land to which access is permitted,

• the things which must be done to protect the environment, and

• any compensation to be paid to the landholder as a consequence of the exploration.

An access arrangement is automatically terminated if the landholder with whom it was made ceases to own the land or dies.43

On the granting of an exploration licence or assessment lease, a landholder becomes entitled to compensation for any loss caused as a result of the exploration activities or access arrangements.44 The title holder and landholder should attempt to reach agreement about the appropriate compensation, which should be recorded in writing.45

3.5 Other environmental approvals (NSW)

In addition to an exploration licence or assessment lease, exploration activities may also require approval under the following environmental legislation:

• SEPP (Major Projects) 2005 which specifies those types of exploration activities which require approval from the Planning Minister under Part 3A.

• Water Management Act which sets out when a water approval is required

• National Parks and Wildlife Act

3.6 Commonwealth environmental approvals

Exploration activities may also require approval under the main Federal environmental law, the Environment Protection and Biodiversity Conservation Act 1999.

If the exploration is likely to have a significant impact on:

• a matter of national environmental significance (there are 7 of these);46 or

• is on Commonwealth land,47

Matters of national environmental significance include things such as internationally recognised (Ramsar) wetlands, nationally listed threatened species and migratory species.

• See Fact Sheet 3.1 for more information on the EPBC Act.

3.7 Post-exploration provisions

The Minister can require a person who held an exploration title to take steps to rehabilitate the land on which the activities were carried out if rehabilitation was required as a condition of exploration.48 If the person fails to carry out the work, the Minister can cause the work to be carried out and can recover the cost from the title holder.49

The Minister can also give a person who is no longer a title holder a direction to clear away any mining plant which has been left.50

4 Mining activities

4.1 Mining and petroleum production leases

Once a mineral or petroleum deposit is identified, the holder of the exploration title can (and in some cases, must) apply for a mining lease (for minerals) or production lease (for petroleum extraction) before they are entitled to carry out mining operations.51 All mining activities must be subject to a mining lease, whether they take place on Crown or private land.

Mining leases are granted by the Minister for Primary Industries.52

The notices of determination regarding mining approvals are listed on the Department of Primary Industries website, including, where relevant the review of environmental factors on which the decision was based.

4.2 Part 3A – Major projects

In most cases, a mining lease or petroleum production lease will not be able to be granted until the project has received approval under the EPA Act. Most large mining proposals can be determined under the Part 3A provisions of the EPA Act which apply to major projects if the Planning Minister so decides.

The following types of mining projects are identified as major projects in SEPP (Major Projects) 2005 which the Planning Minister may declare to be project to which Part 3A applies:53

• Mining and petroleum activities (over a certain threshold), and

• Mining that is designated development and which is in a sensitive coastal location.

If the Minister makes such a declaration, then the Minister will become the consent authority for the project and the assessment and approval processes under Part 3A will apply.

• For more information on the assessment and approval process for Part 3A Major projects, see Fact Sheet 2.3.

4.3 Part 4 – Development consent

Before a mining lease or petroleum production lease can be granted, the applicant must first obtain development consent for the activity under Part 4 of the EPA Act, unless the activity has already been approved by the Planning Minister as a Part 3A major project.

Development consent under Part 4 is required for most mining activities and petroleum production as a result of SEPP (Mining, Petroleum Production and Extractive Industries) 2007.54

Most mining proposals will also fall within the category of designated development and integrated development.

On 16 February 2007, SEPP (Mining, Petroleum Production and Extractive Industries) 2007 came into force, and repealed the two previous SEPPs which dealt with mining.55 The SEPP attempts to standardize the approach throughout NSW to the assessment and approval of mining and petroleum activities under Part 4 of the EPA Act.

The SEPP contains provisions which:

• establish whether mining activities require development consent56

• limit the ability of a LEP to regulate when mining can be carried out57

• declare minor aspects of a mining operation to be exempt or complying development58

• require a consent authority to consider the compatibility of the proposed mining activity with other land uses in the area, and on surface and groundwater,59 and

• require a consent authority to consider imposing conditions requiring the rehabilitation of land.60

Unlike most developments, a development application for mining can be lodged without the consent of a landowner whose land will be affected by the consent.61

Mining proposals are likely to fall within the category of designated development, and will therefore require an environmental impact statement.

For example, the following types of activities are listed as designated development:62

• Coal mines,

• Extractive industries,

• Limestone mines and works,

• Mines (over 4 hectares or near an environmentally sensitive area), and

• Petroleum works.

4.3.4 Public notification and objector appeals

If a proposed mine falls within the category of designated development, then the additional provisions for the public to be notified of designated developments will apply.63

Under the designated development provisions, persons who lodge written objections during the submission period will be entitled to bring a merits appeal in the Land and Environment Court if the mine is granted consent.64

• For more information on objector appeals, see Fact Sheet 2.2.

Development applications which require also require a mining lease are also treated as integrated development under the EPA Act.65 This means that before the consent authority can grant approval to a mining operation, the authority must first inquire whether the Minister is likely to grant a mining lease for the operation, and if so, must obtain the general terms of approval for such a lease.66

If the proposed mine is on land which is critical habitat, or is likely to significantly affect threatened species, populations or ecological communities, then a species impact statement (SIS) will be required.67

An SIS will not be required if the applicant has already obtained a biobanking statement under the Threatened Species Conservation Act 1995.

• See Fact Sheet 6.4 for more information on biobanking.

4.3.7 Other environmental approvals

Most mining operations will probably also require:

• A pollution licence under the Protection of the Environment (Operations) Act 1997, and

• A water approval under the Water Management Act 2000.

Both of these approvals will be considered within the integrated development provisions of the EPA Act.

4.4 Objections by public authorities

A mining lease must not be granted unless those public authorities which may be affected by the mining have been notified.68 If a public authority has raised any objections, those objections must be resolved (by the Premier, if necessary) before the lease can be granted. Similarly, local council's on whose land the mining is to take place must be notified and given an opportunity to object.69 This process only applies where the mining operation does not also require development consent.

4.5 Landowner rights

The Mining Act 1992 entitles landholders to be notified of, and to object (on a limited basis) to, a mining lease.

The Department of Primary Industry's website contains detailed information on landholder rights. http://www.dpi.nsw.gov.au/minerals/titles/landholders-rights

Within 21 days of applying for a mining lease (which is proposed to extend to the surface of land), the applicant must notify those landholders whose land will be covered by the lease.70 A landholder then has 28 days within which to lodge a written objection to the granting of a lease.71

A landholder is only entitled to object to a proposed mining lease on the basis that the land over which the lease is sought is agricultural land.72 (Other grounds of objection can be cited, but they are not capable of stopping a lease from being granted). “Agricultural land” is defined in Schedule 2 of the Mining Act 1992.

If the land is determined to be agricultural land, the lease cannot be granted unless the landholder consents.73

A similar procedure inviting objections from landowners applies before the Minister can invite tenders for a mining lease which will extend to the surface of land.74

After receiving notice of an application for a mining lease or invitation to tender, a landowner can lodge a claim with the Minister for compensation for any significant improvements, such as buildings or dams, which may be affected.75 Claims must be lodged in writing with the Director-General within 28 days of receiving a notice.76 If the applicant for the mining lease objects, the dispute can be resolved in the Warden's Court.77

An applicant for a petroleum production lease must publish notice in a State-wide newspaper that they have lodged, or intend to lodge, an application for a production lease.78 There is no obligation for landowners to be notified directly.

A mining lease must not be granted over the surface of any land which is within a certain distance of a house, garden or significant improvement, except with the written consent of the landowner or occupier.79 A significant improvement includes any substantial building, dam, or other valuable structure.80 A mining lease must not be granted beneath houses, gardens or improvements unless it is at such a depth as to minimise damage to the surface.81

The following distances apply:82

• For a house (which is a principle place of residence) – 200 metres
• For gardens – 50 metres
• For significant improvements – on the land on which the improvement is located.

Once a landowner gives their consent, it cannot be withdrawn.83

Any disputes between the title holder, landowner or occupier about whether particular mining activities can take place near a house, garden or improvement under these provisions are heard by the Warden's Court.84

There are no equivalent provisions in the Petroleum (Onshore) Act 1992 restricting the distance by which petroleum exploration activities can be carried out near houses, gardens and other improvement.

Mining activities under a petroleum production lease must not be carried out on land which is under cultivation.85 However, the Minister can approve such activities, and if this occurs, the Mining Warden must assess the compensation which is payable for any damage caused to crops.86

Compensation is payable under the Mining Act 1992 and Petroleum (Onshore) Act 1992 to landowners affected by activities under mining leases and petroleum production leases, unless the damage is caused by mine subsidence, in which case it is payable under the Mine Subsidence Compensation Act 1961 (see below).

On the grant of a mining lease, a landholder whose land may be affected by the mining activity becomes entitled to compensation for any loss caused as a result of the mining or access arrangements.87

The leaseholder and landholder should attempt to reach agreement about the appropriate compensation, which should be recorded in writing.88 Where agreement cannot be reached within 28 days of the mining lease taking effect, either party can apply to the Warden's Court to resolve the issue.89 The procedure by which the amount of compensation which is payable is assessed is set out in the Mining Act 1992 and Regulations.90 The maximum compensation which is payable if the market value of the land, including the value of any buildings, structures or other works.91

Work cannot begin under a mining lease until the issue of compensation has been resolved.92

Where a petroleum production lease is involved, compensation is payable to any person whose land is affected by the operation.93

Landholders may also be entitled to compensation for damage caused by mine subsidence. Subsidence occurs where land collapses or sinks due to underground mining operations.

The Mine Subsidence Compensation Act 1961 establishes a scheme for the payment of compensation where improvements on the surface or household effects are damaged by subsidence following the extraction of coal or shale.

4.6 Public participation

Before granting a mining lease or issuing an invitation to tender for a lease, the Minister must publish notice in a State-wide newspaper that an application for a mining lease has been lodged, or that the Minister intends to invite tenders.94

Any person can lodge an objection to the mining lease unless development consent was required for the mining operation and the person has already had an opportunity to object during the development application process (ie objectors to designated development: see Fact Sheet 2.2).95

Written objections must be lodged with the Director-General within 28 days of publication of the notice.96

The Minister cannot grant a mining lease, or invite tenders, until a Mining Warden has conducted an inquiry into, and reported on, any objection.97

4.7 Environmental impact assessment

If a mining operation requires consent under Part 3A or Part 4 of the EPA Act (which will most often be the case), then the environmental impacts of the proposed mine will be assessed under those provisions. The effect of these provisions is that most proposals for mining operations will require an environmental impact statement as part of the development application process: see paragraph 3.3 above.

However where consent is not required under Part 3A or Part 4, the environmental impacts of the proposed activity will fall to be assessed under Part 5 of the EPA Act. Part 5 imposes a duty on the Minister for Primary Industries to consider the likely environmental impacts of the proposed mining activity for which the lease is sought.

If the Minister is of the view that the mining operation is likely to have a significant impact on the environment, an environmental impact statement will be required. To decide whether a full EIS is required, the applicant should prepare a Review of Environmental Factors which identifies the expected impacts, and which may then lead to an EIS.

If the mining operation is likely to have a significant impact on threatened species, then the application must be accompanies by a species impact statement, unless the applicant has obtained a biobanking statement has been issued for the exploration.98 The Environment Minister must also be consulted, and the Minister's concurrence (agreement) obtained.99

• See Fact Sheet 6.4 for more information on biobanking.

4.8 Commonwealth environmental approvals

If the mining operation is likely to have a significant impact on:

• a matter of national environmental significance (there are 7 of these);100 or

• is on Commonwealth land,101

Matters of national environmental significance include things such as internationally recognised (Ramsar) wetlands, nationally listed threatened species and migratory species.

• See Fact Sheet 3.1 for more information on the EPBC Act.

5 Post-mining provisions

The Minister can require a person who held a mining lease or petroleum production lease to take steps to rehabilitate the land on which the activities were carried out if rehabilitation was required as a condition of the lease.102 If the person fails to carry out the work, the Minister can cause the work to be carried out and can recover the cost from the ex-leaseholder.103

The development consent or Part 3A approval for the mining operation may also contain conditions requiring a person to rehabilitate land at the end of operations. If the person fails to comply with these conditions, they can be enforced by any person through Class 4 civil proceedings in the Land and Environment Court.104

The Minister for Primary Industries can also give a person who is no longer a holder of a mining lease a direction to clear away any mining plant which has been left.105

1. #_ftnref1" name="_ftn1"> The minerals to which the Mining Act applies are listed in the Mining Regulation 2003,cl 5, Sch 2; Mining Act 1992, Definition “Mineral”.
2. #_ftnref2" name="_ftn2"> Note: the Mining Act 1992 was substantially amended by the Mining Amendment Act 2008, which came into force on 1 August 2008.
3. #_ftnref3" name="_ftn3"> See the definition of “minerals” in the Mining Regulation 2003, which sets out the minerals to which the Mining Act 1992 applies: cl 5, Sch 2.
4. #_ftnref4" name="_ftn4"> Mining Act 1992, s 173.
5. #_ftnref5" name="_ftn5"> NSW Government Gazette No 101, 20 August 1992, pp 5948 and 5949.
6. #_ftnref6" name="_ftn6"> Mining Act 1992, s 193.
7. #_ftnref7" name="_ftn7"> Mining Act 1992, s 175A.
8. #_ftnref8" name="_ftn8"> Mining Act 1992, s 5, 6 and 7.
9. #_ftnref9" name="_ftn9"> Mining Act 1992, s 4, Dictionary.
10. #_ftnref10" name="_ftn10"> Mining Act 1992, s 5, 6; Petroleum (Onshore) Act 1992, s 7.
11. #_ftnref11" name="_ftn11"> Mining Act 1992, s 29(1); Petroleum (Onshore) Act 1992, s 29.
12. #_ftnref12" name="_ftn12"> Mining Act 1992, s 47; Petroleum (Onshore) Act 1992, s 33.
13. #_ftnref13" name="_ftn13"> Mining Act 1992, s 22, 23(1), 41(1); Petroleum (Onshore) Act 1992, s 9.
14. #_ftnref14" name="_ftn14"> Mining Act 1992, s 26(2)(b); 44(2), (4); Petroleum (Onshore) Act 1992, s 76.
15. #_ftnref15" name="_ftn15"> Mining Act 1992, s 374A.
16. #_ftnref16" name="_ftn16"> Mining Act 1992, s 24(1), 42(1); Petroleum (Onshore) Act 1992, s 9(3).
17. #_ftnref17" name="_ftn17"> Mining Act 1992, s 41, Sch 1, Part 1.
18. #_ftnref18" name="_ftn18"> Mining Act 1992, s 27.
19. #_ftnref19" name="_ftn19"> Petroleum (Onshore) Act 1992, s 31, 35.
20. #_ftnref20" name="_ftn20"> Mining Act 1992, s 30, 48; Petroleum (Onshore) Act 1992, s 70.
21. #_ftnref21" name="_ftn21"> Mining Act 1992, s 4 Definitions, Dictionary “exempted areas”.
22. #_ftnref22" name="_ftn22"> SEPP (Mining, Petroleum Production and Extractive Industries) 2007, cl 6.
23. #_ftnref23" name="_ftn23"> Although the Mining Act 1992, (s 237) and Petroleum (Onshore) Act 1992 (s 74) both require the Minister to take into account the need to protect and conserve the environment in deciding whether to grant an exploration title, neither Act contains any detailed environmental impact assessment provisions.
24. #_ftnref24" name="_ftn24"> EPA Act, s 111(1).
25. #_ftnref25" name="_ftn25"> EPA Act, s 112.
26. #_ftnref26" name="_ftn26"> EPA Act, s 110C, 111(4).
27. #_ftnref27" name="_ftn27"> EPA Act, s 112(1B).
28. #_ftnref28" name="_ftn28"> EPA Act, s 112B, 112C.
29. #_ftnref29" name="_ftn29"> EPA Act, s 114.
30. #_ftnref30" name="_ftn30"> Petroleum (Onshore) Act 1992, s 36.
31. #_ftnref31" name="_ftn31"> Mining Act 1992, s 31(1), 49. See s 383B which provides that work can be carried out if the landholder cannot be found.
32. #_ftnref32" name="_ftn32"> Mining Act 1992, s 4 Definitions, Dictionary “significant improvement”.
33. #_ftnref33" name="_ftn33"> Mining Act 1992, s 31(2), 49(2).
34. #_ftnref34" name="_ftn34"> Mining Act 1992, s 31(3), 49(3).
35. #_ftnref35" name="_ftn35"> Mining Act 1992, s 31(5), 49(5); Part 15.
36. #_ftnref36" name="_ftn36"> Mining Act 1992, s 140. Access arrangements are provided for under Division 2, ss 138 – 158 of the Mining Act 1992.
37. #_ftnref37" name="_ftn37"> Mining Act 1992, s 140(a)
38. #_ftnref38" name="_ftn38"> Mining Act 1992, s 139, 140(b), 143 - 153.
39. #_ftnref39" name="_ftn39"> Mining Act 1992, s 155.
40. #_ftnref40" name="_ftn40"> Mining Act 1992, s 141.
41. #_ftnref41" name="_ftn41"> Mining Act 1992, s 141(4).
42. #_ftnref42" name="_ftn42"> Mining Act 1992, s 296(u).
43. #_ftnref43" name="_ftn43"> Mining Act 1992, s 158.
44. #_ftnref44" name="_ftn44"> Mining Act 1992,s 263, 264; Petroleum (Onshore) Act 1992, s 69D.
45. #_ftnref45" name="_ftn45"> Mining Act 1992 s 263(2), 264(2).
46. #_ftnref46" name="_ftn46"> These are listed in the EPBC Act, Part 3, Division 1, sections 12 – 24A.
47. #_ftnref47" name="_ftn47"> See EPBC Act, sections 26 – 27A.
48. #_ftnref48" name="_ftn48"> Mining Act 1992, s 240; Petroleum (Onshore) Act 1992, s 77.
49. #_ftnref49" name="_ftn49"> Mining Act 1992, s 241, 242; Petroleum (Onshore) Act 1992, s 78.
50. #_ftnref50" name="_ftn50"> Mining Act 1992, s 245; Petroleum (Onshore) Act 1992, s 82.
51. #_ftnref51" name="_ftn51"> Mining Act 1992, s 51, Petroleum (Onshore) Act 1992, s 32, 41, 42.
52. #_ftnref52" name="_ftn52"> Mining Act 1992, s 63(1).
53. #_ftnref53" name="_ftn53"> SEPP (Major Projects) 2005, Sch 1, cll 5 – 7; and Sch 2, cl 1(c).
54. #_ftnref54" name="_ftn54"> SEPP (Mining, Petroleum Production and Extractive Industries) 2007, cl 7.
55. #_ftnref55" name="_ftn55"> SEPP No 37 – Continued Mines and Extractive Industries and SEPP 45 – Permissibility of Mining were both repealed by clause 5 of SEPP (Mining, Petroleum Production and Extractive Industries) 2007.
56. #_ftnref56" name="_ftn56"> SEPP (Mining, Petroleum Production and Extractive Industries) 2007, cl 6, 7.
57. #_ftnref57" name="_ftn57"> SEPP (Mining, Petroleum Production and Extractive Industries) 2007, cl 8.
58. #_ftnref58" name="_ftn58"> SEPP (Mining, Petroleum Production and Extractive Industries) 2007, cl 10, 11.
59. #_ftnref59" name="_ftn59"> SEPP (Mining, Petroleum Production and Extractive Industries) 2007, cl 12, 14.
60. #_ftnref60" name="_ftn60"> SEPP (Mining, Petroleum Production and Extractive Industries) 2007, cl 17.
61. #_ftnref61" name="_ftn61"> Mining Act 1992, Sch 1, Part 2, cl 12, 14.
62. #_ftnref62" name="_ftn62"> EPA Regulation, Schedule 3.
63. #_ftnref63" name="_ftn63"> EPA Act, s 79(1).
64. #_ftnref64" name="_ftn64"> EPA Act, s 98.
65. #_ftnref65" name="_ftn65"> EPA Act, s 91(1).
66. #_ftnref66" name="_ftn66"> EPA Act, s 91A(2).
67. #_ftnref67" name="_ftn67"> EPA Act, s 78A.
68. #_ftnref68" name="_ftn68"> Mining Act 1992, s 63(4); Sch 1, Part 2 sets out the notification and objection provisions.
69. #_ftnref69" name="_ftn69"> Mining Act 1992, Sch 1, Part 2, cl 16 – 19.
70. #_ftnref1" name="_ftn1"> Mining Act 1992, Sch 1, cl 21(3).
71. #_ftnref2" name="_ftn2"> Mining Act 1992, Sch 1, cl 21(4)(c).
72. #_ftnref3" name="_ftn3"> Mining Act 1992, Sch 1, cl 22(1).
73. #_ftnref4" name="_ftn4"> Mining Act 1992, Sch 1, cl 23(1).
74. #_ftnref5" name="_ftn5"> Mining Act 1992, Sch 1, Div 4, cl 21.
75. #_ftnref6" name="_ftn6"> Mining Act 1992, Sch 1, cl 23A.
76. #_ftnref7" name="_ftn7"> Mining Act 1992, Sch 1, cl 23A(2).
77. #_ftnref8" name="_ftn8"> Mining Act 1992, Sch 1, cl 23A(4), 23B.
78. #_ftnref9" name="_ftn9"> Petroleum (Onshore) Act 1992, s 33.
79. #_ftnref10" name="_ftn10"> Mining Act 1992, s 62. See s 383B which provides that work can be carried out if the landholder cannot be found.
80. #_ftnref11" name="_ftn11"> Mining Act 1992, s 4 Definitions, Dictionary “significant improvement”; and Sch 1, cl 23A.
81. #_ftnref12" name="_ftn12"> Mining Act 1992, s 62(7).
82. #_ftnref13" name="_ftn13"> Mining Act 1992, s 62(2).
83. #_ftnref14" name="_ftn14"> Mining Act 1992, s 62(3).
84. #_ftnref15" name="_ftn15"> Mining Act 1992, s 62(6A); Part 15.
85. #_ftnref16" name="_ftn16"> Petroleum (Onshore) Act 1992, s 71(1).
86. #_ftnref17" name="_ftn17"> Petroleum (Onshore) Act 1992, s 71(2).
87. #_ftnref18" name="_ftn18"> Mining Act 1992,s 265(1).
88. #_ftnref19" name="_ftn19"> Mining Act 1992 s 265(2).
89. #_ftnref20" name="_ftn20"> Mining Act 1992, s 265(3); Mining Regulation 2003, cl 42.
90. #_ftnref21" name="_ftn21"> Mining Act 1992, ss 271 – 278; Mining Regulations 2003, cl 42 - 43.
91. #_ftnref22" name="_ftn22"> Mining Act 1992, s 272(1)(c).
92. #_ftnref23" name="_ftn23"> Mining Act 1992, s 265(4).
93. #_ftnref24" name="_ftn24"> Petroleum (Onshore) Act 1992, Part 11, ss 107 – 112A.
94. #_ftnref25" name="_ftn25"> Mining Act 1992, Sch 1, cl 24.
95. #_ftnref26" name="_ftn26"> Mining Act 1992, Sch 1, cl 26(1), 28.
96. #_ftnref27" name="_ftn27"> Mining Act 1992, Sch 1, cl 24(4), (5), 26(2).
97. #_ftnref28" name="_ftn28"> Mining Act 1992, Sch 1, cl 27.
98. #_ftnref29" name="_ftn29"> EPA Act, s 112(1B).
99. #_ftnref30" name="_ftn30"> EPA Act, s 112B, 112C.
100. #_ftnref31" name="_ftn31"> These are listed in the EPBC Act, Part 3, Division 1, sections 12 – 24A.
101. #_ftnref32" name="_ftn32"> See EPBC Act, sections 26 – 27A.
102. #_ftnref33" name="_ftn33"> Mining Act 1992, s 240; Petroleum (Onshore) Act 1992, s 77.
103. #_ftnref34" name="_ftn34"> Mining Act 1992, s 241, 242; Petroleum (Onshore) Act 1992, s 78.
104. #_ftnref35" name="_ftn35"> EPA Act, s 123.
105. #_ftnref36" name="_ftn36"> Mining Act 1992, s 245; Petroleum (Onshore) Act 1992, s 82.

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