A NSW Government website

Resources Regulator

What is mine rehabilitation?

By rehabilitating mines, we can ensure this land can be used for other purposes once a mine closes, such as new industrial activity, agriculture, recreation or environmental habitat.

View our mine rehabilitation video resources

How will land be used after a mine closes?

A mining company’s development application for a new mine needs to propose how land will be used after the mine closes. This is referred to as a final land use or post-mining land use.  

This proposed final land use is subject to community consultation and is assessed by either the NSW Department of Planning, Housing and Infrastructure (for State Significant Developments) or a local council, before being approved. They will consider a range of factors when assessing this proposed final land use including: 

  • local community needs and values 
  • environmental and social factors 
  • economic factors 
  • topography  
  • compatibility with surrounding land uses.  

For more information about the mine rehabilitation requirements for a new mine proposal, go to Development assessment process for mines.

Can the final land use change after a mine is approved?

Sometimes mining companies have proposals for a final land use that's different to the one  approved in their development consent. Often this is because an opportunity has emerged that wasn't foreseeable or viable when the  original proposal was submitted.

Alternative final land uses have the potential to contribute to maintaining a strong economy after mining ceases. Examples of alternative land uses include solar and wind farms, pumped hydro electricity generation, tourism developments, space for new industrial activity, or residential developments. 

Alternative final land uses require a separate development approval and further community consultation.  

What are the main steps in mine rehabilitation?

Development assessment process for mines

  • Mining company seeks approval for new mine or change to existing mine
    Proposal includes a plan for how land will be rehabilitated for a specific final land use.
  • Mine proposal is assessed through planning framework
    This includes an assessment of the proposed final land use and rehabilitation approach and consultation with local communities. If approved, development consent is granted, which includes approval of the final land use.

Mining lease and conditions

  • Mining lease application is submitted to NSW Resources
    The mining company pays the fees and submits all information required. NSW Resources considers the application and determines whether it is appropriate to grant the mining lease.
  • Mining company granted mining lease (subject to conditions)
    Mining company prepares rehabilitation risk assessment and management plan and seeks approval for how rehabilitation will meet the approved final land use. The company pays a security deposit to the government. Security deposits are in place as a last resort to make sure there are sufficient funds for mine rehabilitation if a mining company defaults on its obligations.

Undertaking rehabilitation

  • Mining begins
    Mining company progressively rehabilitates land and water, starting as soon as possible after mining begins. Annual reports are submitted on rehabilitation progress and future plans. Resources Regulator annually reviews the adequacy of the security deposit and regularly inspects the mine to ensure rehabilitation is on track.
  • Mining ends
    Rehabilitation and monitoring continues after mining ends, often for many years. When ready, mining company submits detailed evidence that rehabilitation is complete. Security deposits can be refunded (in part or in full) once it has been demonstrated that rehabilitation has achieved the final land use to the satisfaction of the Regulator.

Rehabilitation completion

  • Rehabilitation completion assessment
    Resources Regulator assesses whether rehabilitation has been completed and returns the security deposit on ‘sign-off’.
  • Mining title relinquished
    Mining company remains liable for unforeseen rehabilitation issues.

Download a printable version of the mine rehabilitation framework (PDF, 116.19 KB).

What does a rehabilitated mine look like?

The appearance and future use of rehabilitated land depends on the approved final land use. 

In some cases, rehabilitated land will resemble what it looked like before mining began. For example, bushland that was previously located at a mine site may be restored when the mine is closed. 

However, not all land used for mining will be returned to its original condition. For example, land that was used for agriculture before mining began might be used for recreational purposes, new commercial uses or may be returned to native ecosystem to enhance biodiversity after a mine closes.

Aerial photograph of green hilly fields with stands of trees.

Will a mine void be left after a mine closes?

An excavated area that remains after mining is complete is known as a mine void. In many cases, mine voids are progressively backfilled across the life of the mine so the land is returned to its pre-mining condition.

However, some mine voids are approved by the NSW Department of Planning, Housing, and Infrastructure (DPHI) as part of the final land use. DPHI considers a range of factors when assessing whether a void is acceptable for the find land use, including safety, land stability, compatibility with the surrounding land, and costs.

How does the NSW Government monitor and enforce mine rehabilitation?

The Regulator actively monitors mining companies to ensure they are progressively rehabilitating land to achieve the approved final land use. This includes:

  • assessing mining companies’ annual reporting on their rehabilitation progress
  • assessing mining companies’ 3-year forward work programs of proposed rehabilitation activities 
  • conducting regular mine inspections.   

Mining companies should be committed to complying with the law. However, if they fail to meet their obligations we can issue a notice to comply. If they do not comply, they may be fined, prosecuted or have their mining authorisations suspended or cancelled.

More information about how we monitor and enforce compliance with the law can be found at Rehabilitation compliance activities.

Security deposits

To ensure the NSW Government is not liable to pay for rehabilitation, the Mining Act 1992 requires mining companies to lodge a security deposit that covers the full costs of rehabilitation. These security deposits are in place as a last resort to make sure there are sufficient funds for mine rehabilitation.

The Regulator regularly assesses security deposits to ensure the government holds sufficient funds in the event a mining company defaults on its rehabilitation obligations. We may adjust the security deposit at any time to reflect changes to the costs of rehabilitation.

It is important to note that the cost of rehabilitation is incurred by the mining company. If rehabilitation obligations are not met, we will retain a security deposit until the mining company has completed all agreed rehabilitation work.
More about security deposits

How does the Resources Regulator sign off on completion of mine rehabilitation?

The Resources Regulator will only confirm that mine rehabilitation is complete once a mining company has verified evidence that the final land use has been achieved and can be sustained over the long term. The evidence mining companies need to provide is determined by a set of completion criteria, which vary from mine to mine depending upon the approved final land use. For example, the completion criteria for a mine that will be restored to native bushland will be different to the criteria applied to a mine for land that will be used for a future industrial purpose.

Examples of the types of evidence a mining company might provide to prove they have completed rehabilitation include demonstrating that:

  • native plant and tree species have been restored
  • infrastructure has been removed (e.g. machinery, equipment, electrical utilities etc.)
  • any retained infrastructure is secure and safe
  • all rubbish and waste has been removed
  • the land is free from contamination
  • the land is suitable to support its approved final land use (e.g. pasture for livestock or a specific crop, new commercial uses)

The Regulator will provide rehabilitation sign-off if their assessment shows that all completion criteria has been met. A mining company can then relinquish its mining title and we will return the security deposit.

Please refer to Rehabilitation framework for more detail.

How can I find out more about the rehabilitation of a specific mine?

You can use the SEED Portal to find out more about the post-mining land use or mine rehabilitation progress for large mines across NSW.

The SEED Portal is the NSW Government’s central resource for Sharing and Enabling Environmental Data. It was developed to provide the NSW community with an accessible and reliable platform for environmental data.