DOI https://doi.org/10.36487/ACG_repo/2615_106
Cite As:
Heffernan, E & Bell, J 2026, 'A comparison of East Coast Australian rehabilitation planning statutory regimes', in AB Fourie, G Boggs, J Heyes & M Tibbett (eds),
Mine Closure 2026: Proceedings of the 19th International Conference on Mine Closure, Australian Centre for Geomechanics, Perth, pp. 1-14,
https://doi.org/10.36487/ACG_repo/2615_106
Abstract:
Ahead of the commencement next year of Victoria’s new ‘duty-based regulatory model’ for the regulation of mines, quarries and exploration activities, it is timely to consider the Victorian statutory regime, together with the Queensland and New South Wales (NSW) statutory regimes for rehabilitation planning.
Currently, the statutory regimes in Queensland, NSW and Victoria share strong similarities, particularly as regards front-loading rehabilitation planning into the approvals’ life cycle, setting enforceable end states (final landforms), and maintaining post-closure accountability backed by rehabilitation bonds and financial assurances. The Victorian reforms, commencing 1 July 2027, are intended to shift towards an outcomes-based approach and reposition rehabilitation plans at the centre of the regulatory framework (particularly for ‘medium’ and ‘high’ risk activities).
All 3 regimes, including the new Victorian model post-1 July 2027, have broad alignment with the International Council on Mining and Metals (ICMM) Integrated Mine Closure Good Practice Guide, which was last updated in 2025.
Keywords: mine rehabilitation, mine closure, progressive rehabilitation, regulatory approvals, legislative reform
References:
AGL 2022, A Clear Pathway for a Responsible Energy Transition, press release, viewed 23 June 2026,
AGL 2024, Planning for Rehabilitation Fact Sheet #3 September 2024, fact sheet, viewed 23 June 2026,
Australian Energy Market Operator 2026, Melbourne, viewed 23 June 2026,
Commonwealth of Australia 1999, Environment Protection and Biodiversity Conservation Act 1999.
Department of Energy, Environment and Climate Action 2023, Latrobe Valley Regional Rehabilitation Strategy Amendment, Melbourne
Department of Energy, Environment and Climate Action 2025, Ministerial Guidelines for Preparation of Declared Mine Rehabilitation Plans, Melbourne.
Department of Environment, Science and Innovation 2023, Statutory Guideline: Progressive Rehabilitation and Closure Plan (PRC plans), Brisbane.
Department of Jobs, Precincts and Regions & Department of Environment, Land, Water and Planning 2020, Latrobe Valley Regional Rehabilitation Strategy, Melbourne.Top of FormBottom of Form
Top of FormBottom of Form
Department of Planning, Housing and Infrastructure 2026a, Sydney, viewed 14 April 2026,
Department of Planning, Housing and Infrastructure 2026b, Sydney, viewed 14 April 2026,
Department of Planning, Housing and Infrastructure 2026c, Sydney, viewed 14 April 2026,
Department of Planning, Housing and Infrastructure 2026d, Sydney, viewed 14 April 2026,
.
Department of Planning, Housing and Infrastructure 2026e, State Significant Development Guidelines – Preparing an Environmental Impact Statement, Sydney.
Department of Premier and Cabinet, Queensland Treasury, Department of Natural Resources and Mines & Department of Environment and Heritage Protection 2017, Better Mine Rehabilitation for Queensland Discussion Paper, Brisbane.
Top of Form
Bottom of Form
EnergyAustralia 2021, Melbourne, viewed 23 June 2026,
EnergyAustralia 2025, Declared Mine Rehabilitation Plan (September 2025), Melbourne.
ENGIE 2025, Melbourne, viewed 23 June 2026,
Government of New South Wales 1979, Environmental Planning and Assessment Act 1979, Australia.
Government of New South Wales 1992, Mining Act 1992, Australia.
Government of New South Wales 1997, Protection of the Environment Operations Act 1997, Australia.
Government of New South Wales 2016, Mining Regulation 2016, Australia.
Government of New South Wales 2021a, Environmental Planning and Assessment Regulation 2021, Australia.
Government of New South Wales 2021b, State Environmental Planning Policy (Planning Systems) 2021, Australia.
Government of New South Wales 2021c, State Environmental Planning Policy (Resources and Energy) 2021, Australia.
Government of Queensland 1994, Environmental Protection Act 1994, Australia.
Government of Queensland 2018, Mineral and Energy Resources (Financial Provisioning) Act 2018, Australia.
Government of Queensland 2019, Environmental Protection Regulation 2019, Australia.
Government of Victoria 1978, Environment Effects Act 1978, Australia.
Government of Victoria 1990, Mineral Resources (Sustainable Development) Act 1990, Australia.
Government of Victoria 2014, Inquiries Act 2014, Australia.
Government of Victoria 2019, Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019, Australia.
Government of Victoria 2023, Mineral Resources (Sustainable Development) Amendment Act 2023, Australia.
Government of Victoria 2026, Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Act 2026, Australia.
Hazelwood Mine Fire Inquiry 2016, Hazelwood Mine Fire Inquiry Report 2015/2016 Volume IV – Mine Rehabilitation, Melbourne.
ICMM 2025, Integrated Mine Closure: Good Practice Guide, 3rd edn, London.
Mine Land Rehabilitation Authority 2024, History of Mining in the Latrobe Valley, Melbourne.
NSW Resources 2024a, Policy: Rehabilitation Security Deposits, Sydney.
NSW Resources 2024b, Request for Full or Partial Cancellation of an authority: Form AD6, Mining Act 1992, Sydney.
NSW Resources 2025, Guideline: Rehabilitation Objectives and Rehabilitation Completion Criteria, Sydney.
Office of the Queensland Mine Rehabilitation Commissioner 2025a, 2024–25 Report, Brisbane.
Office of the Queensland Mine Rehabilitation Commissioner 2025b, Charter of Expectations December 2025 – December 2029, Brisbane.
Office of the Queensland Mine Rehabilitation Commissioner 2025c, Strategic Plan 2025-2029, Brisbane.
Queensland Treasury Corporation 2017, Review of Queensland’s Financial Assurance Framework, Brisbane.
Queensland Treasury 2025, Financial Provisioning Scheme: 2024–25 Annual Report, Brisbane.
Resources Victoria 2026a, Melbourne, viewed 23 April 2026,
Resources Victoria 2026b, Melbourne, viewed 17 June 2026,
Resources Victoria 2026c, Melbourne, viewed 23 April 2026,
Resources Victoria 2026d, Melbourne, viewed 23 April 2026,
Taylor MP, Hon. N 2023, ‘Mineral Resources (Sustainable Development) Amendment Bill 2023: Second reading’, in Hansard, Legislative Assembly 60th Parliament – Thursday 3 August 2023’, Government of Victoria, Melbourne, 2752.