Service delivery standards

Two men in high visibility clothing and hard hats with one pointing to something in the distrance

As part of the government's Quality Regulatory Services initiative, we implemented service delivery standards for the processing of applications under the Mining Act 1992.

Timeframes for processing of applications under the Mining Act 1992 are set out in Table 1 below.

Purpose of service delivery standards

Service delivery standards allow industry to manage operations and deadlines around the expected waiting times.

The service delivery standards set the processing timeframe for mineral and coal applications for the grant and renewal of mining leases, assessment leases and exploration licences. They also include exception management protocols, where the processing clock may be “stopped”, due to an external factor, and the application cannot be progressed. These scenarios do not include all necessary scenarios.

Process for applications

Figure 1 sets out MEG's process for handling of applications, including the application of "stop the clock" provisions.

In summary:

  1. The processing clock starts when a complete application, including all required supporting information, is received by MEG.
  2. If an application is deficient, the applicant will be notified immediately. The applicant must submit all required supporting information to MEG within 10 business days of the date the application was originally lodged.
  3. The processing clock will only be stopped in the event that an exception identified in Table 2 below applies.
  4. Processing is complete when the applicant is notified of the result of the decision.

When the standards come into force

The service delivery standards apply to applications lodged from 1 July 2013.

Reporting on performance

MEG will document and measure performance against the service delivery standards.

This will include reporting against each key performance indicator (KPI) through the publication of information quarterly on the MEG website for the 2013/14 financial year and beyond.


Note: The initial quarterly report may not accurately reflect Resources & Geoscience performance due to retrospective application of targets to all applications lodged from 1 July 2013.

MEG will meet regularly with NSW Minerals Council and the Association of Mining and Exploration Companies to review our service delivery performance and examine opportunities for further improvement.

Table 1: Timeframes for processing of applications under the Mining Act 1992

Figure 1: Processing applications under the Mining Act 1992

Table 2: Exception management

Exception management ("stop the clock") processes are essential to meaningful reporting of our service delivery performance. They identify circumstances which are beyond the control of MEG.

MEG will endeavour to minimise the use of the exception management ("stop the clock") triggers set out below. Where practicable:

  • MEG will continue processing applications while the clock is stopped.
  • If multiple triggers occur, the triggers will be dealt with in parallel rather than sequentially.

Application type

Exception

Processing clock triggers

Legislation preferences

Stop clock

Restart clock

All types of applications

Applicant requests that application is put on hold.

Request received from applicant to stop processing.

Request received from applicant to restart processing.

N/A

Development consent required  prior to Mining Act 1992 approval.

Notification to applicant that processing can not proceed without development consent.

Copy of relevant consent supplied to Resources & Geoscience.

Section 65 Mining Act 1992 Clause 7(1) State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

EPBC Act referral decision or approval required of direct relevance to application or title.

Notification to applicant that processing cannot proceed until referral decision or approval is made.

Copy of referral decision or approval supplied to MEG.

Environment Protection and Biodiversity Conservation Act 2000

Relevant litigation underway in relation to application or title.

Notification to applicant that litigation precludes further processing.

MEG notified that litigation has been resolved.

N/A

Significant unresolved issue with 3rd party of direct relevance to application or title.

Notification to applicant that issue with 3rd party precludes further processing.

MEG notified that issue with 3rd party has been resolved.

N/A

Serious compliance issue of direct relevance to application or title.

Notification to applicant that compliance issue precludes further processing.

Compliance issue has been resolved.

To be dealt with in accordance with MEG compliance/enforcement policy and procedures

Deficiency in application which may otherwise result in application being refused. 1

Notification to applicant of deficiency.

Requested information supplied to MEG or applicant does not supply information within requested timeframe.

Administrative law principles relating to the exercise of discretionary powers and procedural fairness

Title applications – grant, renewal or transfers

Native title related matters.

Including (but not limited to):

 

Native Title Act 1993

When MEG reviews the history of authorisations to ensure compliance with the Native Title Act 1993. Compliance with Native Title Act 1993 confirmed.
When request to undertake the right to negotiate (RTN) process is received. When the RTN process is complete.
When request for Minister’s consent (s.30, s.48, or native title condition under an authority) is received. When consent is provided/refused.
When the request for the assessment of ‘Proof of extinguishment’ of native title is received. When ‘Proof of extinguishment’ has been fully assessed.

Significant improvement determination (mining leases only).

Receipt of objection.

Determination of objection

Section 62(6A) Mining Act 1992

Agricultural land determination (mining leases only).

Receipt of objection.

Determination of objection

Section 179 Mining Act 1992

Survey outstanding (mining leases only).

Notification to applicant that survey required before processing can proceed.

Survey compliant with requirements supplied to MEG

Section 66 Mining Act 1992

Exploration activity approvals –

  • Category 2 SDN
  • Category 3 REF

Mining approvals –

  • Mining Operations Plan (MOP)
  • Subsidence Management Plan (SMP)

Mining Act 1992 authorisation (title) required prior to activity approval.

Notification to applicant

Authorisation (title) granted

Sections 5 and 6 Mining Act 1992

  • Exploration activity approvals – Category 3 REF

Consent required from the Minister for the Environment for exploration in State Conservation Areas.

Notification to applicant

Copy of consent supplied to MEG

Section 47J(7) National Parks and Wildlife Act 1974

Mining approvals –

  • Subsidence Management Plan (SMP)

Extraction Plan required.2

Notification to applicant

Copy of Extraction Plan approval supplied to MEG

An Extraction Plan may be required as a condition of recent development consents under the Environmental Planning & Assessment Act 1979

1 Subject to the discretion of MEG, applications with major deficiencies may be processed and rejected without stopping the processing clock.

2 SMP approval cannot be granted prior to approval of an Extraction Plan (where one is required under the conditions of a development consent) to avoid imposition of inconsistent regulatory requirements. In these circumstances, MEG will process the SMP in parallel with the assessment of the Extraction Plan to minimise additional processing time.