Who must maintain mining rehabilitation bonds + closure plans?

State mining regimes require financial assurance bonds for site rehabilitation.

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. Under the Mining Act 1992 (NSW), every exploration and mining title holder must lodge a security deposit with NSW Resources that covers the full cost of rehabilitating the land the activity disturbs, so the State does not carry the liability if a title holder defaults. The title holder estimates rehabilitation cost using the Resources Regulator's rehabilitation cost estimate tool; inspectors then assess actual or proposed surface disturbance to fix the assessed deposit, and the security deposit condition on the title is varied so the correct amount is held. Deposits are reassessed over the life of the project, and some or all of the deposit is returned once rehabilitation is completed and signed off. Other states run their own schemes with different mechanics.

Applies when the business has industry: Mining & resources.

How the regulator frames it: Holders of exploration licences, assessment leases and mining leases. In NSW this applies to every title, from small exploration programs to large mines that also need an environment protection licence; the Resources Regulator publishes assessed deposits for large mines.

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

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 34 of 35: no).

Structure does not change the answer in mining & resources: for every structure the answer is "yes".

Size does not change the answer in mining & resources: at every size band the answer is "yes".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in mining & resources with 6–19 employees, turnover $1M–$3M: applies. Industry: Mining & resources.
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Mining & resources.

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.

Frequency

Ongoing

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.

Status

Current

Priority

High

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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so does this one: the engine uses the same rule for each.

• State mining royalties

Across the 1,890 business profiles Rules Mate evaluates, these obligations apply to most of the businesses this one applies to, and are far more common among them than among businesses generally:

• NSW mining safety obligations (Work Health and Safety (Mines and Petroleum Sites) Act: applies to 100% of the same businesses (35.0× the overall rate)
• QLD coal mining safety obligations (Coal Mining Safety and Health Act 1999): applies to 100% of the same businesses (35.0× the overall rate)
• WA mining safety (Mines Safety and Inspection Act 1994): applies to 100% of the same businesses (35.0× the overall rate)
• Hold a High Risk Work Licence for HRWL classes: applies to 100% of the same businesses (17.5× the overall rate)
• Maintain Hazardous Chemicals Register + manifest (WHS Reg): applies to 100% of the same businesses (11.7× the overall rate)

Rules Mate tracks 4 published obligations tagged "mining", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority, and is an ongoing duty.

Regulated by Resources Regulator (NSW).

Mining Warden NSW: NSW mine safety + petroleum + extractives regulator.

• Resources Regulator (NSW)

Free tools that help with this obligation:

• Compliance calendar builder