It’s the first time in history the Department of Planning and Environment has struck out a mining lease with the Resources Regulator cancelling the M(C)L 146 lease, 14km south-west of Tenterfield.

The lease was granted in 1994 but the regulator said the operator failed to pay a rehabilitation security deposit or lodge a mine management plan.

The regulator said the operator failed to provide the department with annual reports or mine the lease “effectively or in good faith”.

The cancellation takes effect immediately.

Acting Chief Compliance Officer Anthony Keon said that while the decision was a first for NSW, the Resources Regulator had no alternative.

“We haven’t taken this decision lightly. It comes after many years of trying to resolve the issues directly with the leaseholder,” Mr Keon said.

“But, at the end of the day, it was clear he was not prepared to meet the minimum mine operating standards expected by the community and required by law.

“We were left with no other option than cancellation of the mining lease.”

Mr Keon said the action sends a clear message to recalcitrant mining leaseholders.

“The regulator has a range of enforcement tools and will take strong and decisive action where it is found that miners are operating outside of their legislative obligations,” he said.