The Department of Energy, Mines, Industry Regulation and Safety (DEMIRS) has released updated , as well as two guidance statements prepared following the Supreme Court decision (Blue Ribbon).
These are and .
The guidance statements outline the department’s position following the Blue Ribbon decision, confirming the Minister for Mines and Petroleum (Minister) does not have power to grant an exploration licence for fewer blocks than applied for, except in the specific circumstances provided for in subsections 57(2b)-(2e) of the Mining Act 1978.
The use of a ‘no mining’ condition is the mechanism by which certain discrete areas of land may be protected within a graticular block of an exploration licence. The Minister has powers under the Mining Act 1978 to impose any ‘no mining’ conditions as the Minister sees fit.
The release of these guidelines and standard conditions follows a twelve-week public consultation period. The response to submissions are available below.
DEMIRS will continue to work with industry and private railway operators to determine a suitable ‘no mining’ condition with the intent to protect linear infrastructure.
The updated standard conditions came into effect as of 2 December 2024.
