The NSW Department of Industry’s Resources Regulator’s suspension notice to Young Mining for a breach under the Mining Act for failing to pay an outstanding environmental rehabilitation security deposit has been upheld in the NSW Supreme Court.
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The Supreme Court dismissed the proceedings brought by Young Mining and ordered the company to pay the Regulator’s legal costs.
All Young Mining’s mining operations have again been suspended until such time as the Regulator is satisfied the company has complied with its obligations by providing the required security deposit.
The case was initially heard in the Land and Environment Court, but was referred to the Supreme Court after the Land and Environment Court determined that it may not have jurisdiction in the matter.
This follows an earlier ruling by the Land and Environment Court to vary the Regulator’s suspension notice when Young Mining applied for an interlocutory injunction on Friday, August 19.
“The Supreme Court’s decision today demonstrates that the NSW Resources Regulator’s actions to suspend Young Mining’s mining operations have been appropriate and reasonable,” Chief Compliance Officer, Ms Lee Shearer said.
“The Regulator has actively tried to work with Young Mining to reach a resolution to this breach since 2013. The company had been granted more than sufficient time to pay the required security deposit.
“The Government’s position on this issue is very clear – environmental rehabilitation costs must be met by the mining licence holder.”
Young Mining applied for an interlocutory injunction to lift the suspension until September 12.
The Land and Environment Court granted an interim variation to the suspension notice allowing Young Mining to continue mining operations until 4pm Tuesday, August 23.
“Environmental rehabilitation security deposits and requirements for progressive rehabilitation during the life of a mine are part of the regulatory framework which ensures a viable and sustainable mining industry in NSW,” Ms Shearer added.
