Mine Rehabilitation Regulation 2026

Overview

What’s this about?

NSW Resources is seeking feedback on a proposed regulation which will vary the standard conditions of mining leases prescribed in Schedule 8A of the Mining Regulation 2016. Notice is given, under Schedule 1B, clause 13 of the Mining Act 1992, of the Minister’s proposal to vary these conditions imposed by the regulations.

Changes to be made to the standard conditions include:

• amending the definition of ‘large mine’
• clarifying requirements for the provision of forward programs, rehabilitation reports and rehabilitation completion statements
• enabling publication of a summary of a rehabilitation cost estimate (RCE) with a forward program rather than the full RCE.

A consultation draft of the proposed regulation and an explanatory guide detailing the full list of changes to standard conditions are published on the NSW Resources consultations web page.

The proposed regulation also includes other amendments which will:

• prescribe new notification and consent requirements for mining lease holders who seek to voluntarily suspend their mining operations
• provide legislative authority for applicants to:
  • amend applications for assessable prospecting operations they have submitted before the application is decided, and
  • rely on a statement of corporate compliance, environmental performance history and financial capability they have submitted with a previous application within the last 12 months, if the information has not changed.
• rename statements of corporate compliance, environmental performance history and financial capability to ‘probity statements’
• prescribe application fees for Group 12 minerals (hydrogen and non-metals). 

Public information session

A public information session on the proposed regulation will be conducted by webinar on Thursday 21 May 2026 at 11am. Interested members of the public are requested to register to participate in the webinar.

Have your say

Have your say by 5pm Tuesday 9 June 2026. 

You can provide feedback in one way.

Submission privacy

Submissions may be published on the NSW Resources website unless clearly marked ‘confidential’. This may include publication of any personal information that has been included in a submission. Individuals should not include any personal information in their submission that they do not want published. See the Department of Primary Industries and Regional Development’s privacy policy for more details.