Overview
This approval journey relates to environmental approvals for mining activities that various agencies grant in accordance with the following legislation:
- Aboriginal Heritage Act 1972
- Programme of Work
- Environmental Protection Act 1986
- Environment Protection and Biodiversity Conservation Act 1999 (CW)
- Mining Act 1978
- Rights in Water and Irrigation Act 1914
- Biodiversity Conservation Act 2016
Timeline
All timelines are subject to the provision of sufficient information being supplied on lodgement to assess the application.
You can see the progress of your approval by viewing the online DEMIRS lodgement and approval tracking system and DWER Water Online.
Prepare
Show moreA mining project will require a number of environmental approvals. To help you define the approval path for your unique project, you are encouraged to meet with the relevant regulatory agencies.
If you collect enough information and begin detailed program design at this point, this will help you identify environmental risks and impacts early in the process. It could also help to reduce the likelihood the relevant agencies will need more information later, thus avoiding delays.
Some of the things you may need to consider in the planning phase are:
Project design
- Project concept design
- Desktop research
- Project constraints
- Risk assessment
- Feasibility study
- Detailed design
Environmental / heritage studies
- Consult early with agencies to confirm key issues and application process
- Review relevant legislation
- Engage consultants (if required)
- Scope environmental application
- Baseline studies, including heritage
- Undertake targeted surveys
- Consider need for a cumulative impact assessment
Stakeholder engagement
- Map stakeholders
- Develop a stakeholder engagement plan
- Engage with stakeholders, including traditional owners and community groups
- Engage with agencies pre-submission
Document preparation
- Review forms, instructions and templates
- Prepare supporting documentation
Lodge and validate
Show moreYou must refer to the lodge and validate process for the approval type you are seeking. Click on the links below for the specific details on each approval types:
- Mining proposal
- Native vegetation clearing
- EPA referral and assessment
- Emissions and Discharges
- Water
- Aboriginal heritage
- Threatened Species and Ecological Communities
- Commonwealth
If the Environmental Protection Authority (EPA) is assessing your application, you can still submit your other applications. These will be parallel processed where possible. However, other agencies must withhold their final decision until the Ministerial Statement has been issued or the EPA decides not to assess the proposal.
Assessment
Show moreOfficers from the relevant agencies will review and confirm the environmental impacts of your proposal based on all the environmental information you have supplied.
If the EPA is assessing your proposal, it may seek comments from the public and other agencies. You may have to respond to these comments and make changes to your proposal.
For specific assessment details for each mining environmental approval type.
Planning for approvals
Parallel processing can help reduce a project’s overall approval timeline. DEMIRS and DWER are committed to parallel processing of environmental applications where multiple approvals are required.
If your proposal requires referral to the EPA, decisions on your remaining applications can only be made when the Minister for Environment sends notification that decision-making authorities may exercise their decision-making powers, or the Environmental Protection Authority (EPA) decides not to assess the proposal.
Decision
Show moreEach relevant decision-making authority makes the decision to approve or refuse your application. The approvals may include conditions. If your proposal is subject to formal environmental assessment by the EPA, the decisions of other decision-making authorities are required to be consistent with the Minister for Environment’s decision.
Appeal on EPA assessment
The EPA environmental impact assessment process enables you to appeal before the final decision is made.
For more information about this appeal process, via the following link.
Appeals on Native Vegetation Clearing Permit
Once a decision is made, applicants or third parties who are aggrieved by a decision may lodge an appeal. Applicants may appeal against:
- a refusal to grant a clearing permit
- the conditions of a granted permit.
Third parties may appeal against:
- the grant of a clearing permit
- the conditions of a granted permit.
Note that until the end of the appeals period, or while the outcome of an appeal is still pending, a decision to grant a clearing permit is deemed not to have effect.
For more information about this appeal process, via the following link
Appeals on Works Approval or Licence (Emissions and Discharges)
Applicants have the following rights:
- Opportunity to appeal on works approval or licence decisions and conditions
- Notification if third party works approval or licence appeal is received
- Consultation and response to third party works approval or licence appeals
For more information about this appeal process, via the following link
Appeals on Water Licences or Permits
Applicants have the right to ask the State Administrative Tribunal to review DWER’s decision.
This may be because the department has:
- refused your water licence application, or
- applied terms, conditions or restrictions on your approved licence or permit that you disagree with.
For more information, contact the State Administrative Tribunal.
For details about how you will receive your advice, go to your relevant mining approval type from the above.
Post decision
Show moreYou may be given conditions to follow as part of your approval. You must meet these conditions. These may include annual reporting or lodgement of further documents (e.g. environmental management plans).
To find out the details for each mining approval type.