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All the latest in NSW mine rehabilitation and environment news
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2 September 2022
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Improve your submission of forecast disturbance and rehabilitation spatial data

New standard conditions for large mines with an Environment Protection Licence came into effect on 2 July.  We've had feedback from industry about the new conditions and the implementation process. 

We have identified the following three issues with the way mines are submitting forecast disturbance and rehabilitation spatial data in the Mine Rehabilitation Portal. This has implications for the progressive mining and rehabilitation statistics that are being calculated in the Forward Program (including the rehabilitation key performance indicators):

  1. There is a variation in the way users of the Mine Rehabilitation Portal submit data for the Forecast Data Themes (Year 1, 2 and 3) spatial themes. This is mainly associated with a mis-interpretation of the Guideline: Mine Rehabilitation Portal that forecast areas are cumulative - rather than only covering new areas of disturbance and/or rehabilitation.
  2. Where users have not uploaded the current disturbance and rehabilitation themes to the portal, the forecast KPIs are not being calculated correctly.
  3. The KPI calculations have not taken into account forecast rehabilitation when determining the forecast ‘Total Active Disturbance’. There is a further complication with how users have interpretated the requirements for forecast ‘Rehabilitation – Land Preparation’ and forecast ‘Ecosystem and Land Use Establishment’.

What is the solution?
We have included additional information in the Guideline: Mine Rehabilitation Portal to clarify the spatial data format requirements for Forecast Data Themes (Year 1, 2 and 3). This additional information is provided on pages 11 and 12 as well as the Attached Tables 8, 9 and 10.
We have also clarified how the forecast ‘Total Active Disturbance’ is calculated for the KPIs. We have provided an updated description of what data is to be included in the forecast ‘Rehabilitation – Land Preparation’ and forecast ‘Ecosystem and Land Use Establishment’ reporting categories. This does not involve a change to the data format requirements (i.e. there is no change required for the schema). To assist in this regard a new section titled ‘Rehabilitation Key Performance Indictor Report (KPI Report)’ has been included on page 16 of the updated Guideline: Mine Rehabilitation Portal. Updated definitions for forecast ‘Rehabilitation – Land Preparation’ and forecast ‘Ecosystem and Land Use Establishment’ have also been provided in this section.

Action required
You should review the additional information in the updated Guideline: Mine Rehabilitation Portal to further understand the spatial data format requirements for Forecast Data Themes (Year 1, 2 and 3).
You must then determine if you need to correct and re-submit your forecast disturbance and rehabilitation spatial data themes in the Mine Rehabilitation Portal.
Once this has occurred, you will be able to re-generate your Rehabilitation Key Performance Indicator Report (KPI Report) and submit a revised Forward Program via the Resources Regulator Portal.
Please note that resubmission of spatial data can be undertaken at any time.

Webinar
An online webinar will be held on Thursday 8 September to discuss these issues, provide further clarification and answer specific questions. More information below.

Webinar on Thursday 8 September 

We are holding a webinar on Thursday 8 September to assist industry with the submission of forecast disturbance and rehabilitation data.

The purpose of this webinar is to discuss these issues with industry and explain the solutions that need to be implemented to ensure that spatial data is submitted correctly and that rehabilitation statistics accurately reflect what is forecast for each mine.
  
We've been reviewing spatial data that has been submitted by mining companies under the new provisions of Schedule 8A of the Mining Regulation 2016. As part of its review, the Regulator has identified issues with the submission of forecast data that has implications for the progressive mining and rehabilitation statistics that are being calculated in the Forward Program (including the rehabilitation key performance indicators).

The webinar will be held on Thursday 8 September from 10am to 11.30am. Register here

Forecast data update 

What if there is no forecast data (spatial data) to submit for a particular year(s) required as part of the Forward Program submission?

There may be instances depending on the type of mining operation where there will be no forecast spatial data in terms of disturbance and or rehabilitation for a part of or entire three year Forward Program period. Where this is the case, there is no requirement to submit spatial data for the Forward Program into the Mine Rehabilitation Portal.
To enable the Forward Program to be submitted via the Resources Regulator’s Portal where no spatial data is submitted into the Mine Rehabilitation Portal, titleholders are required to send an email to nswresourcesregulator@service-now.com with the following information:

  • Name of mine
  • Forward Program number
  • Details of which year(s) of the Forward Program will have no proposed disturbance and or rehabilitation data submitted into the Mine Rehabilitation Portal

Furthermore, the titleholder will be required to provide details in the Forward Program on-line form to justify why there are no disturbance or rehabilitation activities proposed.

Once the title holder (or authorised representative) has sent the email with the required information as outlined above, the Regulator will turn off the functionality within the Forward Program on-line form that prevents the form being submitted until the spatial data has been submitted via the Mine Rehabilitation Portal.

Once the Regulator has turned off this functionality, the title holder will be informed that the Forward Program on-line form can be submitted once all other mandatory sections have been completed.

Portal updates

The Resources Regulator Portal has been updated with new online forms to assist with the implementation of the standard conditions on mining leases introduced on 1 July 2022 through Schedule 8A of the Mining Regulation 2016. Holders of mining leases can use the Regulator Portal to lodge, monitor and track progress all Mining Act applications.  Using the Portal will reduce administrative burden leading to enhanced efficiencies and assessment timeframes.  The following new online forms relating to the new standard conditions for mining leases have been developed:

  • NEW - Register mine / multiple leases (TICON)  
  • NEW - Nominate contact person (NCP)
  • NEW - Amending Reporting / Submission Dates and Extension Request (ARD)
  • NEW - Submit Forward Program (FWP)
  • NEW - Annual Rehabilitation Report (ARR)
  • NEW - Rehabilitation Objectives (ROBJ)
  • NEW - Rehabilitation Completion Criteria (RCC)
The following exploration forms are also available on the Portal:
  • Assessable Prospecting Operation (APO) applications, including the required Rehabilitation Cost Estimate (previously Form ESF4)
  • Rehabilitation Completion / Annual Report (REH) form. Using this form explorers can now:
    • lodge Rehabilitation Completion applications (with or without a change to the rehabilitation security)
    • submit annual Environmental and Rehabilitation Compliance Reports (ERCR)
    • lodge Rehabilitation Completion applications for expired exploration titles where there has been no surface disturbance.
  • Rehabilitation Cost Estimate (RCE) submissions (which are not part of an APO or REH application).
Other forms available
  • Statements of Compliance, Environmental Performance and Financial History (SOCH) forms to accompany exploration and mining title applications.
  • Reporting non-compliances with regard to exploration and/or mining operations

Click here for Frequently Asked Questions on implementation of the New Standard Rehabilitation Conditions on Mining Leases for Large Mines.

Click here for information about Exploration in NSW, including what relevant forms are available via the Portal such as exploration activity approvals, exploration rehabilitation completion and exploration reporting.

If you do not have your Titleholder’s QR code to access the Regulator Portal or require any assistance, please contact us by emailing nswresourcesregulator@service-now.com or calling 1300 814 609 (option 2, then 5).

Suspension of Exploration Licence No. 9155 – Shree Minerals Ltd

The Resources Regulator issued a direction dated 28 June 2022 to Shree Minerals Ltd (SML) to immediately suspend all operations under Exploration Licence No. 9155, with the exception of those activities required to maintain a safe workplace. The grounds for suspension related to a failure to comply with the exploration activity approval (Activity Approval) granted by the Resources Regulator and included the following:

  • Failure to comply with safeguards – Aboriginal heritage sites;
  • Unapproved clearing of vegetation; and
  • Failure to have sediment and erosion controls.

A copy of the suspension notice is available on our website.
 
Consideration will be given to revoking the suspension notice once SML has:

  • Commissioned a suitably qualified independent person to conduct a review of the licence holder’s systems and processes for meeting its compliance obligations under the Mining Act 1992
  • Commissioned a suitably qualified independent person to conduct an ecological review and assessment of the vegetation community within Project Area 1 identified in the application, with particular emphasis on the significance of the site in terms of the floral and faunal components.
  • Submitted a detailed report, to the satisfaction of the NSW Resources Regulator, that details the key findings, recommendations and corrective actions required by SML arising from the reviews undertaken at points a) and b) above.
  • Submitted a detailed report, to the satisfaction of the Regulator, that details SML’s intended responses to the sediment and erosion issued and rehabilitation requirements resulting from the works undertaken under the Activity Approval.
  • Applied for and been granted from Heritage NSW, an Aboriginal Heritage Impact Permit (AHIP) in response to the work already undertaken, the remaining work approved under the Activity Approval, and any other work otherwise required to be undertaken under the Activity Approval, including rehabilitation. 

Feedback

If you have any feedback please email industry.engagement@regional.nsw.gov.au
Further information:
Resources Regulator  |  1300 814 609  |  info@resourcesregulator.planning.nsw.gov.au


  

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