A NSW Government website

NSW Resources

Service delivery standards
Service delivery standards banner

As part of the government's Quality Regulatory Services initiative, we implemented service delivery standards for the processing of applications under the Mining Act 1992.

Timeframes for processing of applications under the Mining Act 1992 are set out in Table 1 below.

Purpose of service delivery standards

Service delivery standards allow industry to manage operations and deadlines around the expected waiting times.

The service delivery standards set the processing timeframe for mineral and coal applications for the grant and renewal of mining leases, assessment leases and exploration licences. They also include exception management protocols, where the processing clock may be “stopped”, due to an external factor, and the application cannot be progressed. These scenarios do not include all necessary scenarios.

Process for applications

  1. The processing clock starts when a complete application, including all required supporting information, is received by NSW Resources.
  2. If an application is deficient, the applicant will be notified immediately. The applicant must submit all required supporting information to NSW Resources within 10 business days of the date the application was originally lodged.
  3. The processing clock will only be stopped in the event that an exception identified in Table 2 below applies.
  4. Processing is complete when the applicant is notified of the result of the decision.

When the standards come into force

The service delivery standards were introduced in 2013 and were reformed in 2021 to include further application types and measure end-to-end processing times.

Reporting on performance

MEG will document and measure performance against the service delivery standards.

This will include reporting against each key performance indicator (KPI) through the publication of information quarterly on the NSW Resources website. 

Quarterly performance reports

Review of service delivery standards

NSW Resources will meet regularly with NSW Minerals Council and the Association of Mining and Exploration Companies to review our service delivery performance and examine opportunities for further improvement.

Table 1: Timeframes for processing of applications under the Mining Act 1992

Figure 1: Processing applications under the Mining Act 1992

titles process

Table 2: Exception management

Exception management ("stop the clock") processes are essential to meaningful reporting of our service delivery performance. They identify circumstances which are beyond the control of NSW Resources.

NSW Resources will endeavour to minimise the use of the exception management ("stop the clock") triggers set out below. Where practicable:

  • NSW Resources will continue processing applications while the clock is stopped.
  • If multiple triggers occur, the triggers will be dealt with in parallel rather than sequentially.
Application type Exception Processing clock triggers Legislation preferences
Stop clock Restart clock
All types of applications Applicant requests that application is put on hold. Request received from applicant to stop processing. Request received from applicant to restart processing. N/A
Development consent required  prior to Mining Act 1992 approval. On receipt of an application for a grant where development consent must be supplied before approval, and development consent is not supplied. Copy of relevant consent supplied to NSW Resources. Section 65 Mining Act 1992 Clause 7(1) State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
EPBC Act referral decision or approval required of direct relevance to application or title. Notification to applicant that processing cannot proceed until referral decision or approval is made. Copy of referral decision or approval supplied to NSW Resources. Environment Protection and Biodiversity Conservation Act 2000
Relevant litigation underway in relation to application or title. Notification to applicant that litigation precludes further processing. NSW Resources notified that litigation has been resolved. N/A
Significant unresolved issue with 3rd party of direct relevance to application or title. Notification to applicant that issue with 3rd party precludes further processing. NSW Resources notified that issue with 3rd party has been resolved. N/A
Serious compliance issue of direct relevance to application or title. Notification to applicant that compliance issue precludes further processing. Compliance issue has been resolved. To be dealt with in accordance with NSW Resources compliance/enforcement policy and procedures
Deficiency in application which may otherwise result in application being refused. 1 Notification to applicant of deficiency. Requested information supplied to NSW Resources or applicant does not supply information within requested timeframe. Administrative law principles relating to the exercise of discretionary powers and procedural fairness
Title applications – grant, renewal or transfers Native title related matters. Including (but not limited to):   Native Title Act 1993
When NSW Resources reviews the history of authorisations to ensure compliance with the Native Title Act 1993. Compliance with Native Title Act 1993 confirmed.
When request to undertake the right to negotiate (RTN) process is received. When the RTN process is complete.
When request for Minister’s consent (s.30, s.48, or native title condition under an authority) is received. When consent is provided/refused.
When the request for the assessment of ‘Proof of extinguishment’ of native title is received. When ‘Proof of extinguishment’ has been fully assessed.
Significant improvement determination (mining leases only). Receipt of objection. Determination of objection Section 62(6A) Mining Act 1992
Agricultural land determination (mining leases only). Receipt of objection. Determination of objection Section 179 Mining Act 1992
Survey outstanding (mining leases only). Notification to applicant that survey required before processing can proceed. Survey compliant with requirements supplied to NSW Resources. Section 66 Mining Act 1992

1 Subject to the discretion of NSW Resources, applications with major deficiencies may be processed and rejected without stopping the processing clock.