Mining environmental impact assessment
Mining projects in Australia are subject to environmental impact assessment at both Commonwealth and state levels. The Environment Protection and Biodiversity Conservation Act 1999 (Cth) requires referral of actions that may have a significant impact on matters of national environmental significance. State mining and environmental legislation imposes additional EIS or environmental authority requirements. This checklist guides legal advisers through the dual-track assessment process.
This is a 12-step environmental impact assessment checklist for Australian mining projects. It covers EPBC Act referral, state-level EIS requirements, public consultation, and conditions of approval.
The checklist
Screen for EPBC Act triggers
Assess whether the project is likely to have a significant impact on any matter of national environmental significance triggering EPBC Act referral.
Lodge EPBC Act referral
If a trigger is identified, prepare and lodge an EPBC Act referral with the Commonwealth Department describing the action and its likely impacts.
Identify state EIS requirements
Determine whether the project requires an Environmental Impact Statement, environmental authority, or other state assessment under the relevant state legislation.
Prepare baseline environmental studies
Commission ecological surveys, water quality assessments, air quality monitoring, and other baseline studies as required by the terms of reference.
Draft the EIS or environmental assessment
Prepare the EIS addressing all matters in the terms of reference, including project description, environmental values, impact assessment, and mitigation measures.
Address water resources impacts
Assess impacts on groundwater, surface water, and any water-dependent ecosystems, including cumulative impacts with other mining operations in the region.
Prepare a mine rehabilitation and closure plan
Include a rehabilitation and mine closure plan with progressive rehabilitation milestones, final land use objectives, and financial provisioning.
Conduct public consultation
Manage the public notification and comment period for the EIS, including responses to submissions from government agencies and community stakeholders.
Prepare supplementary EIS if required
If substantive issues are raised during consultation, prepare a supplementary EIS or additional information response addressing those matters.
Review conditions of approval
Analyse proposed conditions of approval for feasibility, cost, and ongoing compliance obligations before they are finalised.
Negotiate offset requirements
If biodiversity offsets are required, negotiate offset conditions and secure offset sites or payments consistent with the EPBC Act Environmental Offsets Policy.
Establish compliance tracking system
Set up a system to track and report against all conditions of approval, including monitoring programs, annual reporting, and audit requirements.
When this checklist applies
Use when a mining project requires environmental impact assessment at Commonwealth or state level, including new mining leases, expansions, or modifications.
Common pitfalls
- Not referring the project under the EPBC Act when a trigger exists
- Baseline studies that are inadequate to support the impact assessment
- Underestimating cumulative water resource impacts in the region
- Rehabilitation plans that lack enforceable milestones and financial assurance
- Conditions of approval accepted without assessing long-term compliance cost
Run this checklist on a real matter
Quillio can screen EPBC Act triggers, track EIS timelines, and monitor conditions of approval compliance. See /practice-areas/mining-lawyers or start a free trial.
General guidance for mining environmental impact assessment. Verify against the current EPBC Act, state environmental legislation, and assessment guidelines.
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