Exploration rehabilitation and non-compliances

In November 2022 DEMIRS posted an article reminding explorers and prospectors of the basic requirements for rehabilitating exploration and prospecting activities (A Refresher on Rehabilitation for Mineral Exploration).

Since then, DEMIRS has published Programme of Work Guidance and the Exploration and Prospecting Rehabilitation Guidance, as well as introduced some new standard tenement conditions regarding rehabilitation (Updated and new standard conditions for exploration activities).

DEMIRS has recently completed its 2023/2024 compliance plan and DEMIRS inspectors continue to identify non-compliances with rehabilitation requirements. The most common issues relate to rehabilitation not occurring within the time required by tenement conditions, sample bags not being removed, and rehabilitation standards not being met.

DEMIRS does undertake enforcement actions for these non-compliances. These actions can include forfeiture of tenure or monetary penalties in lieu of forfeiture. Where there is significant or persistent non-compliance for a tenement holder, the Department’s willingness to grant future programme of work (PoW) approvals on the tenements may also be impacted.

Tenement holders and operators are reminded of the importance of being familiar with their obligations before, during, and after exploring and prospecting. DEMIRS inspectors travel throughout the state and utilise modern technology such as drones and satellite imagery, but they also take reports from members of the community who may observe non-compliances or raise concerns.