Approvals for Mine Infrastructure: Roads, Tailings, Water and Power – What’s Required to Navigate the Regulatory Maze?

Mining and resources projects are often judged by their primary resource outputs, but the reality is that no mine functions in isolation. From access roads and tailings facilities to pipelines and powerlines, the success of a mine hinges on the approvals and coordination of a vast web of ancillary infrastructure. These components—though often overlooked in early-stage planning—are critical to operational readiness and long-term environmental compliance. So how do mining and resources operators successfully secure approvals for these infrastructure elements, and what regulatory frameworks must they consider?

What Types of Infrastructure Require Separate Approval?

Mining and resources projects extend far beyond the pit or processing plant. Ancillary infrastructure supports the full lifecycle of a mine and frequently spans public, private, and environmentally sensitive land. These supporting components may require standalone approvals, particularly if they fall outside the footprint of the primary mining lease.

Common types of mine-related infrastructure requiring regulatory consideration include:

• Roads and haul roads (internal and connecting public roads)
• Tailings storage facilities (TSFs) and dams
• Water pipelines, dams, bores, and discharge infrastructure
• Power generation and transmission (grid connection or standalone systems)
• Communications infrastructure
• Accommodation camps and airstrips

Each of these components can trigger different approval regimes depending on their location, environmental impact, and interaction with public assets or services.

What Legislation and Regulatory Regimes Govern Ancillary Infrastructure?

Infrastructure approvals are governed by overlapping local, state, and federal frameworks. While core mining activities are generally covered by mining leases and associated environmental authorities, infrastructure components may fall under broader planning, environmental, or utility-specific legislation.

Key regulatory instruments may include:

• Planning legislation (e.g. Environmental Planning and Assessment Act 1979 in NSW)
• Environmental legislation (e.g. Environment Protection and Biodiversity Conservation (EPBC) Act 1999)
• Water legislation (e.g. Water Management Act 2000)
• Electricity and energy supply acts (for power infrastructure)
• Transport legislation and local government regulations (for road access or modification)
• Land tenure frameworks (such as freehold, leasehold or Crown land management)

Approval obligations may vary based on whether the infrastructure is considered State Significant Infrastructure (SSI), is located on native title land, or falls within environmentally protected areas.

What Are the Typical Approval Pathways for Each Type of Infrastructure?

Each infrastructure category carries its own approval pathway. The table below provides a breakdown of typical requirements:

What Are the Core Attributes That Influence the Approval Process?

Several attributes can significantly affect how infrastructure is assessed and approved:

• Location – On-site vs off-site infrastructure often fall under different planning regimes.
• Scale and impact – The size and environmental risk can determine whether referral under the EPBC Act is triggered.
• Land tenure – Infrastructure proposed on Crown land or through native title areas may involve additional consultation and approval steps.
• Infrastructure permanence – Temporary installations are often subject to different (sometimes more lenient) criteria.
• Cumulative impacts – Regulators assess infrastructure not just in isolation but as part of the total project footprint.
• Stakeholder engagement – Community, Indigenous groups, and local councils may require formal consultation.

How Does Federal Legislation Like the EPBC Act Come Into Play?

The EPBC Act (Environmental Protection and Biodiversity Conservation Act 1999) is Australia’s key federal environmental legislation. It can apply to ancillary mine infrastructure if the development is likely to have a significant impact on matters of national environmental significance, such as:

• Threatened species and ecological communities
• Ramsar wetlands
• Water resources (for large coal or coal seam gas developments)

This means that even infrastructure like a tailings dam or pipeline, if impacting a sensitive waterway, could trigger a referral and require federal-level approval—adding time and complexity to the process.

What Are the Practical Challenges in Coordinating Infrastructure Approvals?

Despite the existence of guidelines and processes, operators often encounter practical challenges:

• Lack of alignment between state and federal requirements
• Delays in multi-agency coordination
• Unclear distinctions between mining lease boundaries and infrastructure footprints
• Limited capacity or slow response times from utility providers (e.g. energy connection)
• Stakeholder opposition and late-stage objections
• Changing legislation mid-project, requiring reassessment

These issues reinforce the need for early, proactive planning that addresses both the core project and its supporting components as a package—not in isolation.

How Should Operators Sequence Infrastructure Approvals During Project Planning?

Approvals for infrastructure should ideally be integrated into the broader Project Approvals Strategy rather than treated as an afterthought. This approach:

• Minimises the risk of non-compliance
• Ensures construction and commissioning schedules are not delayed
• Allows for coordinated environmental impact assessments
• Facilitates smoother community consultation and Indigenous engagement

A well-sequenced approvals framework might include:

• Desktop constraint analysis
• Pre-lodgement meetings with regulators
• Referral strategy for federal approvals
• Land access negotiations
• Parallel preparation of planning and environmental applications

Why Is It Critical to Factor In Land Tenure and Access Agreements?

Many types of infrastructure require access through land not covered by the mining lease itself. This can include local council roads, pastoral land, or land under Indigenous ownership.

Operators may need to negotiate:

• Landholder access agreements
• Native title agreements (via Indigenous Land Use Agreements – ILUAs)
• Easements and rights-of-way
• Temporary construction licences

Delays in these negotiations can have significant downstream impacts on infrastructure timelines.

Where Can Operators Get Expert Support Navigating Complex Approvals?

Navigating the approval maze for mine infrastructure can be complex, time-consuming and filled with hidden risks. That’s where Hetherington plays a critical role. As a trusted authority in mining and resources approvals and tenement management, Hetherington offers comprehensive support across all aspects of infrastructure permitting—from scoping and environmental assessments through to coordination of multi-jurisdictional approvals and stakeholder engagement. With decades of experience and deep regulatory insight, Hetherington helps clients de-risk their infrastructure pathways and keep projects on track. Whether you’re planning a haul road through pastoral land or designing a high-impact TSF, Hetherington brings strategic foresight and practical execution to every stage of the process.

References

• Department of Climate Change, Energy, the Environment and Water – Environmental Impact Assessment under the EPBC Act
• NSW Department of Planning and Environment – State Significant Infrastructure
• Queensland Department of Resources – Mining and Production Approvals
• Australian Energy Regulator – Generation Registration and Grid Connection
• WaterNSW – Licensing and Approvals

FAQs

1. What is considered ancillary infrastructure in mining and resources?
Ancillary infrastructure refers to the supporting elements required for a mining operation, such as roads, tailings storage, power connections, and water systems, which are not part of the main mining pit or processing plant.

2. Does a tailings storage facility need its own approval?
Yes. TSFs typically require separate environmental and planning approvals due to their high-risk nature and potential impacts on water and land.

3. Can road upgrades on public land delay mining and resources projects?
Absolutely. Roads that connect a mine to public infrastructure often require council approvals or road use agreements, and delays in these can impact haulage logistics and start-up timelines.

4. When is EPBC Act approval required for infrastructure?
If the infrastructure is likely to significantly impact a matter of national environmental significance—such as a threatened species habitat or a significant water resource—a referral under the EPBC Act is mandatory.

5. Are off-grid power systems easier to approve?
While they may avoid some grid connection hurdles, off-grid systems still require environmental assessment and may involve land use approvals, particularly if they include battery storage or generation facilities.

6. Why engage a specialist when applying for infrastructure approvals?
Specialists understand the intricate web of regulatory frameworks and can manage the process efficiently, avoiding common delays, ensuring compliance, and helping align approvals with construction timelines.