Recent Updates to the NSW APO Guidelines: What Proponents Need to Know

The NSW Resources Regulator has released updated Exploration Guidelines: Application and Assessment Process for Exploration Activities for Assessable Prospecting Operations (APOs).

The updated Guidelines came into effect on 21 March 2026, following the passing of the Environmental Planning and Assessment Amendment (Planning System Reforms) Act 2025. The Planning Systems Reforms Act amended Division 5.1 of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act), under which the NSW Resources Regulator has an obligation to examine and take into account matters affecting or likely to affect the environment when assessing APOs. Where Section 5.5 of the EP&A Act previously required the Regulator to take into account all matters affecting or likely to affect the environment to the fullest extent possible, the Regulator must now consider environmental matters in a manner that is proportionate to the nature and risk of the activity.

These updates represent a shift towards a project-specific assessment of APOs in NSW and will have important implications for both new and existing applications. It is hoped that this amendment and the resulting updates to the APO Guidelines will better align assessment with demonstrated environmental risk, considering the nature and scale of proposed activities and their potential impacts.

A shift to a risk-based assessment

A notable procedural change is the introduction of a formal risk assessment advice step in the process. Following a preliminary review of an application and all supporting information, and having regard to the nature and likely level of risk, the NSW Resources Regulator will advise proponents on:

• The applicable assessment pathway (CEA or Non-CEA);
• Any additional information required; and
• Next steps to progress the application.

This additional step will provide upfront clarity and transparency for applicants.

Additional notable updates to the Guidelines include further guidance and clarification around:

• the use of project areas;
• the Test of Significance under the Environment Protection and Biodiversity Conservation Act 1999 (Cth);
• completion of Review of Environmental Factors; and
• variations to existing activity approvals and when further environmental assessment will be required.

Implications for pending Applications

These changes have immediate and practical consequences:

• All applications determined on or after 21 March 2026 must comply with the updated Guidelines, regardless of when they were lodged.
• Existing REFs can still be relied upon, provided they address the updated requirements.
• The Department may issue requests for additional information where current applications do not adequately address the new framework.

The reforms and resulting updates aim to improve efficiency; the level of detail required in an application for APO will depend on the nature and risk of the proposed activity. However, these updates also have the potential to introduce additional procedural steps and delays – particularly during the transition period – as well as constrain the flexibility of project delivery.

How we can help

We are actively engaging with the NSW Resources Regulator to understand how these changes will be implemented in practice and what they mean for our clients.

If you have an application currently in progress or are considering lodging a new APO, we recommend seeking advice early to ensure alignment with the updated requirements and to minimise delays.

Please reach out to our team if you would like to discuss how these changes may affect your project.