Data as at 14 September 2026 · from the Queensland EP Act public register
ESR/2016/2242 · Eligibility criteria and standard conditions for mining claims
ESR/2016/2242: Eligibility criteria and standard conditions for mining claims (current). 29 conditions, adopted by reference in 5 live Queensland environmental authorities.
- Document
- Departmental PDF
- Status
- Current
- Adopted by
- 5 live authorities
Conditions
- A1
The holder of a new environmental authority must submit the required amount of financial assurance (i.e. a security deposit) to the administering authority prior to carrying out any activities on the mining tenement. If an application is lodged to transfer the environmental authority to another person or company, the proposed transferee must submit the required financial assurance prior to the transfer taking effect. Note 1 - A financial assurance must be calculated in accordance with the Schedule of Rehabilitation Costs in form 3 schedule of financial assurance. Note 2 - Chapter 5, Part 12, Division 2 of the Environmental Protection Act 1994, requires that the holder of the environmental authority gives the administering authority a financial assurance in an acceptable form (i.e. either cash or a bank guarantee) and for the amount calculated in a manner decided by the administering authority. When necessary, the holder of the environmental authority must amend the financial assurance under section 302 of the Environmental Protection Act 1994 (e.g. increasing the area of disturbance on the mining claim). The holder of the environmental authority must lodge a single financial assurance with the Department of Natural Resources and Mines. The financial assurance will consist of two components: (a) An amount to cover the potential costs of rehabilitation of areas disturbed by mining activities (i.e. the (b) An amount to cover the potential costs of restoring property improvements disturbed by mining activities and the failure of the tenure holder to pay rents and royalties (i.e. Department of Natural Resources and Mines component). Land disturbance
- A2
The holder of the environmental authority must ensure that the area and duration of disturbance to land, vegetation and watercourses are minimised. Note 3 - To minimise the area and duration of disturbance to land, vegetation and watercourses the following measures or similar measures can be used: - where practical, avoid disturbing large and/or mature trees; - select specific trees to be cleared and avoid causing damage to surrounding vegetation; and - where practical, leave the rootstock intact to promote regeneration and regrowth. Air quality
- A3
The holder of the environmental authority must not cause an unreasonable release of dust. Note 4 - To prevent causing an unreasonable release of dust, the following measures or similar measures can be used: - altering work practices to avoid or minimise the generation of dust; - scheduling activities for times when they will have least impact; Eligibility criteria and standard conditions for mining claims - revegetating disturbed areas as soon as practical; - leaving or creating wind breaks or screening; and - installing pollution control equipment (e.g. fitting bag filters or a cyclone to dust generating equipment). Noise emissions
- A4
The holder of the environmental authority must not cause unreasonable noise at a Noise Sensitive Place. Note 5 - To prevent causing unreasonable noise at a noise sensitive place the following measures or similar measures can be used: - construct and maintain noise barriers and enclosures around noisy equipment or along the noise transmission path; - implement noise reduction measures at noise sensitive places; - provide and maintain low noise equipment; - carry out routine maintenance on fans to minimise bearing noise; - repair or replace defective mufflers of vehicles and plant with suitable effective mufflers; and - limit the hours of operation of the project to between the hours of 7am to 6pm Monday to Saturday. Note 6 - If aircraft are used for mining related activities, operate them so as to minimise disturbance to livestock (e.g. helicopters). Erosion and Sediment Control
- A5
The holder of an environmental authority must design, install and maintain adequate banks and/or diversion drains to minimise the potential for storm water runoff to enter areas disturbed by mining activities.
- A6
The holder of the environmental authority must design, install and maintain adequate erosion and sediment controls wherever necessary to prevent erosion of disturbed areas and sedimentation of any Watercourse, Waterway, Groundwater, Wetland or Lake. Note 7 - For information on the design and construction of sediment ponds refer to the "Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland", Part C, "Site Water Management". Note 8 - Regularly clean out sediment traps, ponds and drains and maintain them in effective working order, until erosion stability has been achieved in disturbed areas. Note 9 - The capacity of sediment traps, ponds, drains and banks should not be reduced below 70% of their design capacity.
- A7
The holder of the environmental authority must ensure that any turbidity at a point 300m downstream from any mining activity being carried out in a watercourse, is no greater than any turbidity upstream from the activity. Note 10 - With regard to on site management of water refer to the Environmental Protection (Water) Policy 2008. Topsoil and overburden management
- A8
The holder of the environmental authority must ensure that topsoil is removed and stockpiled prior to carrying out any mining activity. Prevent or minimise the mixing and erosion of topsoil and overburden Eligibility criteria and standard conditions for mining claims stockpiles. Note 11 - To separate topsoil and overburden and to prevent or minimise the erosion of these stockpiles the following measures or similar measures can be used: - identify topsoil and overburden layers before stripping topsoil; - store topsoil and overburden in separate stockpiles; - install silt fences or bunding around the stockpiles; - where practical reuse topsoil stockpiles within 12 months; - establish and maintain a temporary cover crop on stockpiles; and - limit the height of topsoil stockpiles to 2 metres. Hazardous contaminants
- A9
The holder of the environmental authority must plan and conduct activities on site to prevent any potential or actual release of a hazardous contaminant. Note 12 - Section 442 of the Environmental Protection Act 1994 makes it an offence to release a prescribed contaminant. A prescribed contaminant is a contaminant prescribed by an Environmental Protection Policy or a regulation. Note 13 - Section 443 of the Environmental Protection Act 1994 makes it an offence to cause or allow a contaminant to be placed in a position where it could reasonably be expected to cause serious or material environmental harm or environmental nuisance. Note 14 - The owner or occupier of a mining claim must notify the administering authority if the owner or occupier becomes aware that a Notifiable Activity listed in Schedule 4 of the Environmental Protection Act 1994, is being carried out on the land within 30 days, by giving notice to the administering authority in the approved form. For example, a mining operation that generates waste materials that contain hazardous contaminants must notify the administrating authority that this activity is being carried out. Refer to section 371 of the Environmental Protection Act 1994.
- A10
The holder of the environmental authority must ensure that spills of hazardous contaminants are cleaned up as quickly as practical. Do not clean up such spillage by hosing, sweeping or otherwise releasing such contaminants to any watercourse, waterway, groundwater, wetland or lake. Note 15 - If a mining claim becomes Significantly Disturbed Land because it is contaminated land, it ceases to be significantly disturbed land if a Suitability Statement is issued for the land. Refer to section Chapter 7, Part 8 of the Environmental Protection Act 1994. Note 16 - A Site Management Plan approved under Chapter 7, Part 8 of the Environmental Protection Act 1994, may be required by the administrating authority for sites recorded on the Environmental Management Register or the Contaminated Land Register. Such sites may include acid producing waste rock stockpiles or tailings dams containing acid producing wastes.
- A11
The holder of the environmental authority must dispose of acid producing waste rock in a mine excavation where practical and backfill as soon as practical. Where not practical, bury acid producing waste rock in an excavation or pit and backfill as soon as practical. Backfill all mine excavations, other excavations and pits containing acid producing waste rock with benign, low permeability material and seal the mine excavation, other excavation or pit with a compacted capping layer at least 1m thick. Eligibility criteria and standard conditions for mining claims Note 17 - For detailed information on the management of acid mine waste material refer to the "Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland", Part B, `Assessment and Management of Acid Drainage' and the `Guidelines for Sampling and Analysis of Lowland Acid Sulphate Soils (ASS) in Queensland'. Nature conservation
- A12
The holder of the environmental authority must prevent the spread of Declared Plants by ensuring that all vehicles and machinery are adequately cleaned before taking the vehicles and machinery out of a Declared Plant Area. Note 18 - Every precaution must be taken to ensure there is no dispersal of Parthenium weed or the seed of any other declared plant within the meaning of the Land Protection (Pest and Stock Route Management) Act 2002, as a result of mining or as a result of access to the area of the mining claim. Note 19 - The Department of Agriculture and Fisheries provide Pest Fact sheets for declared plants in Queensland as well as clean down procedures for motor vehicles and machinery. For advice on declared plant areas contact the Department of Department of Agriculture and Fisheries or your Local Government.
- A13
The holder of the environmental authority must not carry out activities in a category A or B environmentally sensitive area. Prior to carrying out activities in a category C environmentally sensitive area, consult with the through the consultation that additional conditions are necessary, comply with those conditions. Note 20 - For information on environmentally sensitive areas refer to Appendix 3.
- A14
The holder of the environmental authority must not carry out activities within 100m of a Historical, Archaeological or Ethnographic Site. Note 21 - Refer to the Aboriginal Cultural Heritage Register established under the Aboriginal Cultural Heritage Act 2003 and the Queensland Heritage Act 1992. Prior to carrying out any activities on the mining tenement, the holder of the environmental authority should consult with the administrating authority if a site has the potential to be designated as a historical, archaeological or ethnographic site. Prescribed environmentally relevant activities
- A15
The holder of the environmental authority must not carry out the following prescribed environmentally relevant activities (ERA) on the mining tenement: 1. ERA 61 Waste incineration and thermal treatment at threshold 1 - incinerating waste vegetation, clean paper or cardboard 2. ERA 52 Battery Recycling - operating a facility for receiving, and recycling or reprocessing, any type of battery; and 3. ERA 59 Tyre Recycling - operating a facility on a commercial basis for receiving and recycling or receiving and reprocessing 1000 or more equivalent passenger units of tyres, or parts of tyres, in a year. (The relevant activity does not include retreading tyres). Eligibility criteria and standard conditions for mining claims Schedule B - Activity based conditions Waste management
- B1
The holder of the environmental authority must not directly or indirectly release waste from the project area to any watercourse, waterway, groundwater, wetland or lake. Note 22 - When managing waste materials the following strategy should be adopted: - avoid creating excess waste; - reuse waste materials; - recycle waste; - create and utilise energy from waste; - treat waste; and - dispose of waste (e.g. provide rubbish containers). Note 23 - Where practicable take all general waste to a licensed general waste disposal facility. Note 24 - Up to 50 tonnes of general waste may be buried on the mining tenement per year. When burying general waste the following measures or similar measures should be used: - locate the waste pit so as to ensure that the waste will not contaminate any watercourse, waterway, groundwater, wetland or lake; - divert stormwater runoff from entering the pit; - make the pit safe and protect it from scavengers; - crush drums and other containers to reduce the volume of waste; - backfill the pit when the level of rubbish in the pit is not less than 1m below the surface; and - sufficiently overfill the pit to allow for settlement. Note 25 -limited regulated waste may be disposed of to a licensed general waste disposal facility provided the annual volume of limited regulated waste does not exceed 10% of the annual volume of general waste (e.g. tyres). Service, Maintenance and Storage Areas
- B2
The holder of the environmental authority must not directly or indirectly release fuels, oils, lubricants or other Contaminants to any watercourse, waterway, groundwater, wetland or lake. Note 26 - To prevent the direct or indirect release of fuels, lubricants or other contaminants to any watercourse, waterway, groundwater, wetland or lake the following measures or similar measures can be used: - maintain all refuelling equipment in good working order; and - use groundsheets or drip trays to capture spillage during maintenance of machinery and vehicles; and - locate all fuel storages within an impermeable bund; and - ensure all liquid containment, including fuel tank bunds and process water ponds, have a volume at least equal to the design volume plus an additional 10% of that volume; and - where practical, undertake all refuelling and routine maintenance of vehicles within designated service Eligibility criteria and standard conditions for mining claims areas. Note 27 - With regard to the management of waste water refer to the Environmental Protection (Water) Policy 2008.
- B3
The holder of the environmental authority must ensure that all chemical, fuel and oil storage facilities less than 10 000L on a mining claim, must be designed and operated in accordance with Australian Standard 1940 - `The storage and handling of flammable and combustible liquids', Section 2, Minor Storage.
- B4
The holder of the environmental authority must ensure that: (1) all chemical, fuel and oil storage facilities of more than 10 000L on a mining claim, must be bunded to contain at least one hundred percent of the volume of the largest container, plus twenty-five percent of the storage capacity of the largest container up to a maximum of 10, 000L, together with ten percent of the storage capacity beyond 10, 000L; and (2) the facility must be operated and maintained in accordance with the Australian Standard 1940 - 'The Storage and Handling of flammable and combustible liquids'. Monitoring, reporting and emergency response procedures
- B5
The holder of the environmental authority must record and notify the administering authority of any emergency or incident which demonstrates non-compliance with the standard environmental conditions. Note 28 - A notification of any emergency or incident, which demonstrates non-compliance to the standard environmental conditions, cannot be used in evidence in any further action taken by the administering authority as a result of the notification. Note 29 - To demonstrate ongoing compliance with the standard environmental conditions, complete Form 1, `Monitoring and Record Keeping Summary'. Establish programs to monitor project activities and maintain records for review by the administrating authority. Note 30 - To demonstrate compliance with the standard environmental conditions complete Form 2, `Emergency Response Table'. Provide and maintain appropriate emergency response equipment and inform all operational personnel, contractors and visitors of emergency response procedures. Note 31 - Observe the provisions and regulations under the Fire and Emergency Services Act 1990 and the Mining and Quarrying Safety and Health Act 1999. Rehabilitation
- B6
The holder of the environmental authority must backfill excavations less than 3m deep with overburden and waste rock as soon as practical following the completion of mining activities.
- B7
Where it is impractical to return overburden and waste rock to excavations deeper than 3m, the holder of the environmental authority must construct overburden and waste rock stockpiles in accordance with Condition B10.
- B8
For excavations that are to remain at the completion of mining activities, by agreement with the land holder, and will be used as livestock water drinking supplies, the holder of the environmental authority must: (1) ensure that water quality in any remaining excavation complies with the acceptable water quality Guidelines For Livestock Drinking Water as detailed in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality; and Eligibility criteria and standard conditions for mining claims (2) provide safe access for livestock and native animals to the excavation. Note 32 - Install and maintain adequate warning signs, fences and rock bunds to exclude people, stock and wild animals from excavations and shafts. Note 33 - Prior to the surrender of a mining claim all excavations that are to remain open after mining activities have ceased, need to be made safe (e.g. an open pit). Refer to the Mines Regulation Act 1985 and the `Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland', Part D, `Open Pit Rehabilitation'. Note 34 - Provide safe access to water for livestock and native animals by: - providing hard surfaces around water storage areas; and - fencing off any soft areas around the edge of water storage areas.
- B9
The holder of the environmental authority must complete the Rehabilitation Processes on areas disturbed by mining activities, apart from those areas currently being utilised for mining activities, as soon as practical and within six months of the completion of works in those areas. Note 35 - Where practical undertake progressive rehabilitation of disturbed areas.
- B10
The holder of the environmental authority must rehabilitate areas disturbed by mining activities to a stable landform, similar to that of the surrounding undisturbed areas. Note 36 - When rehabilitating disturbed areas refer to the `Technical Guidelines for the Environmental Management of Mining and Exploration in Queensland', Part D, `Geo-Technical Slope Stability'.
- B11
The holder of the environmental authority must spread seeds or plant species that will promote vegetation of a similar species and density of cover to that of the surrounding undisturbed areas or vegetation that is appropriate for providing erosion control and stabilisation of the disturbed areas. Note 37 - To revegetate disturbed areas the following measures or similar measures can be used: - for areas which have become compacted during the project, break up the soil surface to a depth - that is suitable for establishing vegetation; - spread stockpiled topsoil over disturbed areas to a depth that is suitable as a rooting medium for - the revegetation process; - provide suitable nutrient conditions for planting by using fertiliser if necessary; and - collect and store native seeds to be used in rehabilitation. Note 38 - When revegetating disturbed areas, the proponent should plant native species endemic to the area and location in the landscape (e.g. if clearing has occurred in a riverine area, revegetate the disturbed area using local riverine species). Note 39 - Vegetation used to stabilise disturbed areas in the short term should be comprised of sterile, short- lived species (e.g. a cover crop). However, the long-term aim of revegetating any disturbed area is to establish a stable vegetation community that is similar to that of the surrounding undisturbed landscape. Note 40 - The holder of the environmental authority is not liable for rehabilitation of disturbed areas that existed prior to the grant of the tenure unless the holder undertakes activities within the previously disturbed areas during the term of the tenure. Eligibility criteria and standard conditions for mining claims Note 41 - Where continuity of tenure makes the holder of the environmental authority liable for disturbances from previous projects, no further work will be necessary if the rehabilitation of disturbed areas is to the satisfaction of the administrating authority. Note 42 - The rehabilitation of some disturbed areas may not be required if the workings have a recognised historic value. Consult with the administrating authority regarding rehabilitation requirements for such sites.
- B12
For any Mine Infrastructure to remain after all mining activities have ceased, the holder of the environmental authority must obtain the written agreement of the land owner stating they will take over responsibility for that infrastructure.
- B13
For underground mine workings, the holder of the environmental authority must determine the need and design of bat gates by consulting the administering authority. If bat gates are required, install the appropriate structures. Where a bat gate is not required by the administrating authority prevent access to underground workings.
- B14
The holder of the environmental authority must complete the rehabilitation of areas disturbed by mining activities to the satisfaction of the administrating authority. Note 43 - Condition B14 is a requirement of the Environmental Protection Act 1994. The holder of the environmental authority must submit a Final Rehabilitation Report (FRR) and a compliance statement, prior to the cancellation or expiry of the mining claim. The surrender of the environmental authority will not be granted until the administrating authority has approved the FRR and the compliance statement. Eligibility criteria and standard conditions for mining claims Appendix 1: General obligations under the Environmental Protection Act 1994 Responsibilities under the Environmental Protection Act 1994 Separate to the requirements of standard conditions, the holder of the environmental authority must also meet their obligations under the Environmental Protection Act 1994, and the regulations made under that Act. For example, the holder must be aware of the following provisions of the Environmental Protection Act 1994. General environmental duty Section 319 of the Environmental Protection Act 1994 states that we all have a general environmental duty. This means that we are all responsible for the actions we take that affect the environment. We must not carry out any activity that causes or is likely to cause environmental harm unless we take all reasonable and practicable measures to prevent or minimise the harm. To decide what meets your general environmental duty, you need to think about these issues: - the nature of the harm or potential harm - the sensitivity of the receiving environment - the current state of technical knowledge for the activity - the likelihood of the successful application of the different measures to prevent or minimise environmental harm that might be taken - the financial implications of the different measures as they would relate to the type of activity. It is not an offence not to comply with the general environmental duty, however maintaining your general environmental duty is a defence against the following acts: (a) an act that causes serious or material environmental harm or an environmental nuisance (b) an act that contravenes a noise standard (c) a deposit of a contaminant, or release of stormwater run-off, mentioned in section 440ZG. More information Duty to notify Section 320 of the Environmental Protection Act 1994 explains the duty to notify. The duty to notify applies to all persons and requires a person or company to give notice where serious or material environmental harm is caused or threatened. Notice must be given of the event, its nature and the circumstances in which the event happened. Notification can be verbal, written or by public notice depending on who is notifying and being notified. The duty to notify arises where: - a person carries out activities or becomes aware of an act of another person arising from or connected to
Authorities adopting these conditions
- BRMN0057 KC-MAR PTY LTD
- EA0002206 William Lance Bell
- EA0002266 REEL MIN PTY LTD
- EPSL00170613 Raymond Jack Michael Fitzgerald Snr
- P-EA-100324755 Graham Byrne