Exploration and mining operators have a duty to mine responsibly to protect the environment and the public. All tenement applications are rigorously assessed. The department will only approve a quarry or mine if satisfied the company can appropriately manage its environmental and community impact. We will hold mining operators accountable for limiting their impact.
Operators must report on their operations and compliance every year.
Mining tenement assessment process
Stage 1 – Mining applications
Mining applications and assessments follow these steps:
1. Mining applicant engages with the community
Before a mining application is submitted, the applicant must give stakeholders the opportunity to provide input on the proposed environmental outcomes. Details of this consultation must be included in the application.
2. Mining applicant prepares its application for a mining lease
The application is then submitted to the Department for Energy and Mining (DEM) for assessment.
3. DEM assesses whether the application meets minimum legislative requirements
The application must meet these requirements to be accepted for assessment.
4. The application is released for public comment and technical assessment
DEM will undertake a public consultation process and may engage with other government agencies.
Response from the company – After consultation, DEM may request the applicant to respond to issues raised by government and the public. If so, the applicant must prepare a response document.
Response document lodged – DEM performs a comprehensive assessment and may request more information from the applicant.
5. DEM completes its assessment then prepares an assessment report and recommendation
The applicant must have adequately demonstrated its ability to achieve the proposed environmental outcomes.
Before DEM makes its final decision, the applicant will be provided with the proposed terms and conditions which will be applied to the operation. The applicant must accept these terms and conditions prior to the final decision but can propose changes through this process.
6. Decision to refuse or grant application
If a mining lease is granted, the operation must comply with terms and conditions on an ongoing basis and must comply with any other legislative operations which apply to the tenement.
Stage 2 – PEPR
After being granted a mining lease, a tenement holder must secure approval for a Program for Environment Protection and Rehabilitation (PEPR) before any works are commenced by following these steps:
1. PEPR Consultation
The operator must consult stakeholders on its plans to limit and manage the project’s impact on the environment. The PEPR must describe how stakeholder concerns are being addressed.
2. Operator prepares an engagement plan if required
An engagement plan identifies key stakeholders and helps the mining operator plan and maintain effective engagement throughout the mine’s life.
3. PEPR submission
The operator must:
- demonstrate that it can deliver on its commitments
- detail the control, management and rehabilitation strategies it will use to achieve environmental outcomes
- indicate how the strategies will be measured.
The PEPR must meet all legislative requirements to be accepted for assessment.
4. DEM assesses the PEPR
Focuses on the:
- detailed designs for mitigating potential impacts
- criteria for measuring the achievement of environmental outcomes.
DEM can then approve, reject or require changes to the PEPR.
Following an approval, DEM uses these criteria to regulate the site. The operator must report annually.
5. Operator completes obligations for approval
These can include provision of a bond, consideration of any significant environmental benefits impacts that may need to be considered and implemented as part of the project, other licences and permits, and necessary access rights for other stakeholders.
6. Approval to start operations
The operator must continue to engage with stakeholders and transparently monitor and report on mining operations.
