On 1 July 2024 the new environmental licensing framework for managing the environmental impacts of mining activities come into force under the Environment Protection Act 2019 (EP Act). Details of the new framework can be accessed by visiting the environmental regulation of mining webpage.

As we approach the change to environmental regulation of mining and the new framework coming into effect, the Department is consulting on the risk criteria and standard conditions that will apply to exploration activities and extractive operations.

Feedback provided during this consultation will be collated and provided to the Minister to inform finalisation of risk criteria and standard conditions for exploration and extractive activities in accordance with the requirements of the legislation.

All written comments will be treated as public documents and will be published and may be cited in any documents we prepare.

More information

Further information on the new environmental licensing framework for mining activities, including about the transitional arrangements for existing authorised activities under the Mining Management Act 2001, is available on the Department website.

Draft Risk Criteria and Standard Conditions – Exploration and Extractives

The new section 124T of the amended EP Act provides powers for the Minister for Environment (the Minister) to declare risk criteria for the environmental impacts and environmental risks of mining activities. Under the new laws, the Minister may declare risk criteria for different types and phases of mining activities and they must consult on any draft declaration of risk criteria prior to formal declaration.

To support the operation of any declared risk criteria, new section 124U of the amended EP Act allows the Minister to approve standard conditions for the management of the environmental impacts of mining activities.

Collectively declared risk criteria and approved standard conditions inform what category of licence (standard, modified or tailored) a mining operator can apply for. If a mining operator can operate within the constraints set out in the risk criteria, which all relate to the scale, nature and location of the activity, they are eligible to apply for a standard or modified conditioned licence. If their activities cannot operate within the constraints of the risk criteria, the mining operator must apply for a tailored condition licence.

A standard condition licence is intended to authorise low impact, low risk mining activities and specify the environmental outcomes a mining operator must achieve. If a mining operator is unable to operate in accordance with the standard conditions, a modified or tailored condition licence will be required to undertake the mining activities.

To support implementation of the new laws, draft risk criteria and standard conditions have been prepared for the following types of mining activities:

• exploration for minerals or extractive minerals; and
• extractive operations for extractive minerals.

In accordance with the new laws, the Minister for Environment hereby gives notice of the publication of draft risk criteria and statement of reasons each for exploration activities and extractive operations. In accordance with section 8 of the Interpretation Act 1978, the Department is undertaking consultation on the draft risk criteria prior to commencement of the new laws on 1 July 2024. Public consultation will be open for 30 business days.

Supporting documents

The following documents are available to view and download and should be read to assist interested persons to make an informed comment.

Notice of draft declaration of risk criteria and statement of reasons

Notice of the draft declaration of risk criteria and associated statement of reasons for exploration activities.

Notice of draft declaration of risk criteria and associated statement of reasons for extractive operations.

Alternatively hard copies may be obtained from the Department of Environment, Parks and Water Security by either calling (08) 8924 4218 or emailing environment.policy@nt.gov.au and formally requesting a copy.

Draft declaration of risk criteria (For public comment)

The draft declaration of the risk criteria for exploration of minerals and extractive minerals are published for public comment.

The draft declaration of the risk criteria for extractive operations are published for public comment.

Draft standard conditions (For public comment)

Draft standard conditions for exploration have been prepared and are published for public comment.

Draft standard conditions for extractive operations have been prepared and are published for public comment.

Flowchart – The role of risk criteria and standard conditions in environmental (mining) licences

To understand this process the Department has prepared a draft flowchart on how to apply for Environmental Mining Licence based on the activity depicting the role of the risk criteria and standard conditions in environmental (mining) licences.

Fact sheet - General duties and obligations - mining activities and mine sites

This fact sheet explains the general duties and obligations under the Environment Protection Act 2019 and other legislation.

Make a public comment

The Department is calling for submissions on the published draft declaration of risk criteria and draft standard conditions for exploration activities within the 30 business day comment period. In accordance with section 8 of the Interpretation Act 1978, the Department is undertaking consultation on the draft risk criteria prior to commencement of the new laws on 1 July 2024.

To make a public comment, email your submission to environment.policy@nt.gov.au or post to:

Environment Policy – Mining Reforms

Department of Environment, Parks and Water Security
GPO Box 3675
DARWIN NT 0801

Consultation is open from Tuesday 4 June 2024 to 4:00pm Wednesday 17 July 2024.