Environmental regulation of mining

The new environmental (mining) licensing framework establishes a tiered, risk-based, outcomes-focused licensing regime for all mining activities in the Northern Territory. Each tier of licence is commensurate with the risk of impact of the mining activity to the environment. The 3 licence tiers (or categories) are:

• standard condition licence applies where the mining operator can meet risk criteria and standard conditions applicable for the mining activity (refer to new section 124ZJ in the Amendment Act) - intended for mining activities with a low risk to the environment
• modified condition licence applies where the mining operator can meet the risk criteria applicable for the mining activity, but some adjustment to the standard conditions is necessary to ensure the environment is appropriately protected (refer to new section 124ZK in the Amendment Act) - intended for mining activities with a low to medium risk to the environment
• tailored condition licence applies where the mining operator is unable to meet the risk criteria or standard conditions applicable for the mining activity, and bespoke (or tailored) licence conditions are required to ensure that the mining activity does not cause significant harm to the environment (refer to new section 124ZL in the Amendment Act) - intended for mining activities with a high risk to the environment.

An environmental mining licence replaces the need for authorisation under the Mining Management Act.

For further information, read the environmental (mining) licence fact sheet PDF (181.6 KB).

Under the new environmental (mining) licence framework, the minister may declare risk criteria and approve standard conditions to inform what category of licence a mining operator can apply for (refer to 124T and 124U of the Amendment Act respectively).

Risk criteria

The minister may declare different risk criteria for different types of mining activities (e.g. exploration or extractive), or for different phases of a mining activity (e.g. mining or remediation).

Declared risk criteria will consider the nature, scale and location of mining activities.

The minister must consult on the risk criteria prior to declaration.

Standard conditions

The minister may approve standard conditions for different types of mining activity.

Standard conditions will regulate low risk mining activities and establish clear environmental outcomes a mining operator must comply with.

Outcome-based conditions provide flexibility for mining operators to determine the best way to minimise impacts on the environment caused by a mining activity by enabling innovative and adaptive environmental management practices.

Developing risk criteria and standard conditions

The department is developing risk criteria and standard conditions taking into consideration similar best practice approaches in Australia.

The department will consult broadly on draft risk criteria and standard conditions prior to finalisation.

All finalised risk criteria and standard conditions will be published and made publicly available.

An indicative timeline and steps for developing risk criteria and standard conditions is set out below.

• February to April 2024 - consultation with industry and key stakeholders
• April to May 2024 - publication of draft risk criteria and standard conditions on Have Your Say (minimum 30 business days)
• June 2024 - publish a summary of the feedback received
• July 2024 - ministerial declaration, approval and publications of finalised risk criteria and standard conditions.

Transitional arrangements under the Amendment Act ensure activities authorised under the Mining Management Act 2011 will continue to be authorised under the new environmental (mining) licensing framework under the Environment Protection Act 2019 upon commencement of the new laws.

The new laws commence on 1 July 2024 and apply to all mining activities including exploration and extraction. The Mining Management Act will be repealed at this time.

The transitional provisions apply to all mining operators that have a mining authorisation under the Mining Management Act on 1 July 2024, and to mining operators who have submitted an application for a mining authorisation under the Mining Management Act before 1 July 2024 and a decision is pending.

The transitional arrangements apply for a maximum of 4 years from the commencement of the Amendment Act (i.e. 1 July 2024 to 30 June 2028). The arrangements balance the need to ensure that we do not have 2 regulatory regimes in operation for an extended period of time with the need to provide certainty to mining operators that transition does not undermine an existing mining authorisation.

Deemed licences

All existing operators that hold a mining authorisation and approved mining management plan (MMP) on 1 July 2024 are automatically deemed to hold an environmental (mining) licence under the Environment Protection Act. This is referred to as a deemed licence.

Existing operators are not required to take any steps to obtain a deemed licence as this is an automatic process that occurs upon commencement of the Amendment Act. Existing mining activities should continue business as usual operations.

An application for a mining authorisation or approval of a MMP that has been submitted under the Mining Management Act and a decision is pending on commencement of the news laws will continue to be assessed under the Mining Management Act. A decision on a pending application must be made within 2 years of the commencement of the new licensing framework (i.e. by 30 June 2026).

The environment minister will be the responsible decision maker for these pending applications under the Mining Management Act. If the application is granted (authorisation) or approved (MMP) it will be taken to be a deemed licence under the Environment Protection Act and the usual transition arrangements apply.

A mining operator must obtain a new environmental (mining) licence if the operator seeks to conduct a new mining activity that is not included in the deemed licence, or seeks to amend an existing activity so as to substantially change its environmental impacts or risks, or the location or extent of the activity.

Replacement licences

At the end of the 4 year transition period (i.e. by 30 June 2028) all existing operators who hold a deemed licence must have obtained, or have commenced the process to obtain, a replacement environmental (mining) licence (replacement licence) for the mining activities authorised under the deemed licence.

Mining activities specific to a deemed licence will cease to be authorised activities once the deemed licence ceases to have effect unless the activities specific to the deemed licence are the subject of a replacement licence or an application for a replacement licence at the time of cessation.

A mining operator who holds a deemed licence may apply for a replacement licence at any time during the 4 year transition period. The minister may also commence this process in communication with the mining operator.

Replacement licences are to be granted on substantially the same terms and conditions as those that applied to the related deemed licence. The minister may include conditions requiring monitoring and reporting, and the publication of certain reports (even if these requirements were not applicable under the previous Mining Management Act authorisation/deemed licence).

A mining operator must obtain a new environmental (mining) licence if the operator seeks to conduct a new mining activity that is not included in the replacement licence, or seeks to amend an existing activity so as to substantially change its environmental impacts or risks, or the location or extent of the activity.

Read more information on transitional arrangements PDF (170.4 KB).