On 2 July 2021, significant reforms that toughen the rehabilitation requirements for mining leaseholders took effect in New South Wales. Implemented through an amendment to the Mining Regulation 2016 that prescribes new mining lease conditions for all mining leases, the purpose of the reforms is to ensure that sustainable final land uses are achieved at mine closure. A key feature of the new conditions includes an express requirement to carry out progressive rehabilitation. This is coupled with highly prescriptive requirements regarding risk assessment, record keeping and reporting that are intended to enhance the NSW Resources Regulator's oversight of compliance. Whilst the new conditions will automatically apply to new mining leases, a transition period is in place for existing leaseholders (12 months for large mines or 24 months for small mines) to enable those mines to prepare for the new requirements.
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