Activity approval requirements

Certain exploration activities with minimal environmental impact have been identified as exempt development under the State Environmental Planning Policy (Resources and Energy) 2021. These minimal impact activities do not require further environmental assessment or approval before being carried out.

Under the State Environmental Planning Policy (Resources and Energy) 2021, the following activities are exempt development, provided they are of minimal environmental impact:

• The construction, maintenance and use of equipment for monitoring weather, noise, air, groundwater or subsidence.
• Low intensity exploration activities, including:
  • geological mapping and airborne surveying
  • sampling and coring using hand-held equipment
  • geophysical (but not seismic) surveying and downhole logging
  • accessing of areas by vehicle that does not involve the construction of an access way, such as a track or road.

These activities can be undertaken without approval provided that they are on land that:

• is not within an environmentally sensitive area of state significance, or
• is within a state conservation area, but is not otherwise on land referred to in State Environmental Planning Policy (Resources and Energy) 2021 as being environmentally sensitive area of state significance.

All 'assessable prospecting operations' require further approval from the Minister (or delegate) before they can be carried out. Assessable prospecting operation means any exploration activity that is not exempt development within the meaning of clause 10 of the State Environmental Planning Policy (Resources and Energy) 2021.

Applications for exploration activity approvals can be lodged online via the Regulator Portal using the Assessable Prospecting Operation (APO) application form (previously known as Form ESF4: Application to conduct exploration activities). The APO asks specific questions about the proposed activity, with the answers identifying the level of assessment required. The APO also identifies when additional supporting information must be submitted to satisfy relevant statutory requirements.

Note: For the purposes of conditions of some older authorities/titles, the application form replaces the surface disturbance notice (SDN) for the notification of exploration activities.

For more information as to the requirements for obtaining approval to carry out activities refer to the Exploration guideline: Application and assessment process for exploration activities. (PDF, 1.14 MB)

The application process for exploration activities is summarised below.

To streamline the assessment process, a subset of activities requiring approval (being assessable prospecting operations) have been identified as being unlikely to have a significant environmental impact if carried out in a particular manner. These activities are referred to as complying exploration activities (CEAs). (Note: Petroleum exploration is excluded from comprising a CEA).

A streamlined assessment pathway has been developed for these activities.

These activities can be assessed under the streamlined CEAs assessment pathway if they:

1. satisfy location requirements set out in Exploration guideline: Application and assessment process for exploration activities (PDF, 1.14 MB)
2. satisfy the impact thresholds and criteria set out in Exploration guideline: Application and assessment process for exploration activities (PDF, 1.14 MB) and
3. can be carried out in accordance with the Exploration codes of practice.

Applications for exploration activities that do not meet the CEA criteria must be accompanied by additional environmental impact assessment information. Applications can be lodged online via the Regulator Portal using the Assessable Prospecting Operation (APO) application form (previously known as Form ESF4: Application to conduct exploration activities). The APO asks specific questions about the proposed activity, with the answers identifying the level of assessment required. The APO also identifies when additional supporting information must be submitted to satisfy relevant statutory requirements. This additional information includes a review of environmental factors (REF), which is submitted as an additional component of the APO.

Further details regarding the assessment and determination of non-complying exploration activities is set out in  Exploration guideline: Application and assessment process for exploration activities (PDF, 1.14 MB).

Note: An agricultural impact statement (AIS) is required to accompany certain REFs for non-CEAs where there may be an impact on agricultural resources or industries. In preparing an AIS, proponents should refer to Guideline for agricultural impact statements at the exploration stage (PDF, 188.38 KB).