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Rules Mate

Do mining and resources need to maintain mining rehabilitation bonds + closure plans?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Yes

Yes. This obligation applies to mining and resources whatever their structure or size. The deciding fact: Industry: Mining & resources.

The obligation in brief

Maintain mining rehabilitation bonds + closure plans. Mine rehabilitation financial assurance is set by each state's mining law, not by a single national rule. New South Wales is the worked example here.

Trigger: Grant of an exploration or mining title, any increase in disturbed area, and the regulator's periodic reassessment of the deposit.

Why mining & resources get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "Maintain mining rehabilitation bonds + closure plans" is no. Mining & resources is one of the 1 where the answer is different: yes.

The deciding fact for mining and resources: Industry: Mining & resources.

About the industry: Mining operations subject to state mining safety regimes, NGER, and royalty obligations.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires industry: Mining & resources).

Answer by business structure and size

Each cell is the engine's outcome for a business in mining & resources with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"Maintain mining rehabilitation bonds + closure plans": outcome for mining and resources by structure and size
StructureNo employees1–5 employees6–19 employees20–99 employees100–499 employees500+ employees
Sole traderYesYesYesYesYesYes
PartnershipYesYesYesYesYesYes
TrustYesYesYesYesYesYes
Pty Ltd companyYesYesYesYesYesYes
Public companyYesYesYesYesYesYes
Not-for-profit (unregistered)YesYesYesYesYesYes
Registered charityYesYesYesYesYesYes
Super fundYesYesYesYesYesYes
Foreign companyYesYesYesYesYesYes

What the obligation requires

When due
Deposit lodged as a condition of the title and topped up when the assessed amount is varied. For mining leases in NSW, a rehabilitation cost estimate is provided annually with the mine's forward program.
Evidence to keep
Rehabilitation cost estimate prepared with the current regulator tool and lodged through the Resources Portal; security deposit lodgement records and the title's deposit condition; annual forward program; disturbance mapping; rehabilitation completion and sign-off records supporting release of the deposit.
Maximum penalty
The security deposit is held so that rehabilitation costs fall on the deposit, not the State, if the title holder defaults on its rehabilitation obligations; it is returned only when rehabilitation is signed off. The NSW Resources Regulator is responsible for compliance and enforcement across the mining sector, including enforceable undertakings under the Mining Act
Regulator
Mining Warden NSW
Jurisdiction
Commonwealth (national)

Other obligations where mining & resources differ from the norm

Questions

Do mining and resources need to maintain mining rehabilitation bonds + closure plans?
Yes. This obligation applies to mining and resources whatever their structure or size. The deciding fact: Industry: Mining & resources.
Is the answer the same for every industry?
No. For 34 of the 35 industries Rules Mate maps, the answer is no. Mining & resources is one of 1 industries with a different answer.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.