Community Legal Rights in Mine Closure Planning; A Comparative Analysis of Three Australian States

How important is the legal definition of community rights to consultation in mine closure planning? This article presents a comparative analysis of the regulation of mine closure planning through the operation of mineral resources, environmental and planning laws across three Australian States: Western Australia, Queensland and Victoria. Each state has unique mining industries and quite different legal frameworks for mine closure planning. A key difference is in the legal definition of the duty of mining tenement holders to consult community interests (both private and public interest holders). We address core concepts and key goals in mine closure planning, the legal duties of mining tenement holders to undertake mine closure planning, and the community rights to engage in that planning process. We identify key differences in the essential requirements for closure plan approval, especially in relation to community engagement rights of notification and participation.