Checklist · Energy, Resources & Mining
Security deposit and rehabilitation obligations checklist for a NSW mining authority
Checklist mapping a NSW mining authority's security deposit condition and rehabilitation exposure: the assessed or minimum deposit, review rights, directions under s 240, rehabilitation by the Minister at the holder's expense, claims on the deposit and when the requirement lapses.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 4 authorities it cites, for New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use in due diligence on a tenement, on a transfer or change of control, when the Secretary reassesses a deposit, or when planning closure, to identify the financial assurance in place and the gaps between it and the holder's rehabilitation liability.
Used for these tasks
- Map decommissioning obligations and financial-assurance gaps
- Reconcile the disturbance data and prepare the rehabilitation provisioning return
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may extract the deposit condition, assessments, directions and disturbance data into the checklist and compare deposit amounts with estimates; the lawyer decides the exposure, the gaps and any review application.
AI may
- Extract the security deposit condition, current amount and form of security from the authority and correspondence
- List all directions, prohibition notices and rehabilitation obligations on the file
- Compare the deposit with the latest rehabilitation cost estimate and show the difference
AI must not
- Must not estimate rehabilitation costs; those come from the client's qualified estimate
- Must not conclude that the deposit covers the liability, or that a review would succeed
- Must not treat the deposit as a cap on the holder's liability (s 261H)
The lawyer checks
- The current assessed or minimum deposit and whether a reassessment or review application is needed
- Outstanding directions under s 240 and exposure under s 241 if a direction is not complied with
- On a transfer, whether security will be required before registration (s 261BAA) and how the transferor's security is released
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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