Push to make mining companies stick by rehabilitation commitments

The group used Freedom of Information laws to obtained a summary of a meeting facilitated by the NSW Minerals Council between mining companies and the NSW Department of Planning in May 2023.

The meeting focused on post-mining landuse and landform flexibility.

Among other things, it discussed whether the existing regulatory approval framework effectively enabled other land use opportunities or associated landforms.

Lock the Gate, which has campaigned for many years for the full and sustainable rehabilitation of the mine sites, believes the mining industry is lobbying the government to make it easier for them to abandon responsibility for "residual long-term risk" of failed rehabilitation on mine sites.

"So much of the Upper Hunter is a scarred moonscape of coal pits. The rehabilitation of these sites to the highest possible standard is vital to the Hunter's long term prosperity in a post-coal world," Lock the Gate Alliance spokesperson Steve Phillips said.

"Hunter locals want any development that occurs on rehabilitated mine sites to be sustainable, and informed by an open and transparent process. They don't want a mining company free for all.

"Allowing mining companies to dodge liability for residual risk means the costs of long-term hazards post-rehabilitation could land on NSW taxpayers or post-mining land owners.

A NSW Minerals Council spokesman said the workshop discussed how regulations around post-mining land use could attract the best outcomes for local communities, while adhering to proper regulatory checks and balances.

"In many cases, existing mining consents were approved years ago," he said. Since then, post-mining land use plans have emerged for potential land use, including renewables like pumped hydro," the spokesman said.

READ MORE: The challenge of rehabilitating Hunter mine sites for future generations

This workshop discussed how the regulations might allow new types of land use, like renewables, to be included in existing post-mining land use plans.

The workshop also discussed how to attract new proponents who may be interested in investing in these future land-use possibilities.

A NSW Department of Planning spokesman said mining companies must rehabilitate sites in accordance with the conditions imposed on the mining leases associated with the development under the Mining Act 1992.

"The rehabilitation must be generally consistent with the proposed rehabilitation objectives including areas proposed for agricultural land, final landforms to be safe, stable, and non-polluting. This includes preparation and implementation of a Rehabilitation Strategy," he said.

He said planning process included comprehensive assessments of rehabilitation back to a final landform with an overall objective to meet a performance target of safe, stable, and non-polluting final landform.

"Consent conditions for mining projects include broad rehabilitation objectives and conceptual final landform plans to guide progressive rehabilitation over the period that mines are operating," he said.

"Conditions require rehabilitation to specific landforms to facilitate future agricultural, biodiversity conservation or industrial land use applications."

The spokesman said. would likely be separate planning approvals required for any future land use and it would also be subject to zoning and permissible use at the time a site is rehabilitated.