Uranium mining legal and regulatory
framework
IAEA Seminar on Governance of Uranium Production Activities
København Danmark
27-28 May 2014
Keith Baldry
Director Mining Radiation and Regulatory Support
South Australia’s Environment Protection Authority
An Australian perspective
The Environment Protection Authority • South Australia’s principal
environmental and radiation regulator • ~200 staff • Six radiation and environment
regulators dedicated to the mining sector
• Radiation and air laboratories
Keith Baldry • 20 years experience in the nuclear fuel
cycle and radiation regulation in the UK and Australia
• Currently responsible for mining, radiation, major projects, licensing and South Australia's container deposit system.
• Chair of Australia’s Radiation Health Committee
Australia’s uranium resources & mines
Olympic Dam Beverley
Honeymoon Four Mile
Ranger
Wiluna
Australia’s uranium resources & mines
• Underground • Open pit • In Situ Recovery • Very dry • Very wet • Multi metal • Processing to concentrate
In-situ recovery
Beverley, South Australia
Australian uranium mines history (legacy)
Radium Hill, South Australia
Australian governments
• States: safety, security, taxes
• Federal: export, safeguards,
‘national significance’, taxes
1. Sustainable business A good proponent Viable economics
2. Control Good legislation Joined up government Effective compliance
3. Effective assessment Regulatory capability Baseline monitoring
4. Legacy risks managed Financial assurance / bond Clear risk apportionment
5. Community trust Engagement Transparency
Key features of success
Understanding objectives of regulator
• Radiation health risks to workers and public managed
• Environment protected for current and future generations
• Respond to and control environmental and health risks
• A leading, trusted and influential advisor and regulator
• Public confident in the safety and control of uranium mining
• South Australia’s natural resources and assets are valued and managed sustainably to drive long term prosperity
Legislative basis
• Three primary pieces of legislation in South Australia – Mining Act 1971
– Radiation Protection and Control Act 1982
– Development Act 1993
• Other important legislation – Native title
– Environment Protection Act 1993
– Natural Resources Management Act 2004
– Environment Protection and Biodiversity Conservation Act
– Customs Act and Australia's Uranium Exports Policy
– Aboriginal heritage
– Work Health and Safety Act
– Transport
Legislative structure
Environment
Protection
Act
Radiation
Protection
Act
Mining Act Environment
& Natural
Resources
DoE Environment Mines
Department EPA
EPBC
Act Safeguards
Air
Groundwater
Waste*
Assessment process
Mining
operation
Closure
Health
Waste
Closure
Water
abstraction
Commonwealth
Industry
South Australian Government
Customs
Act
ASNO
National
significance
Policy on
export
IAEA
obligations
Licence Licence Licence Permits
Features of legislation
• Responsible Ministers and delegation to agencies
• Balance of independent regulation and national interest
• Prohibition on exploring or mining without a lease (Mining Act)
• Prohibition on mining or processing uranium without an authorisation (Radiation Protection & Control Act)
• Assessment process requiring risks to be evaluated
• Mechanism for authorising and conditioning licences
• Management plans subject to approval
• Ability to change requirements based on performance and risk
• Independent radiation advisory council
• Power to levy fees
Mining
Code
Planned
exposures
Code
Transport
Code
National and international basis
IAEA & ICRP
GSR Part 1
GSR Part 3 BSS
National Directory for
Radiation Protection
State/Territory
legislation
ARPANSA
Requirements
Guides
Co-regulation
Radiation
Protection
Act
Mining Act
Mines
Department EPA
Mining
operation
Closure
Rad waste
management
Program for Environmental
Protection and Rehabilitation
Environment
Protection
Act
Air
Groundwater
Waste
Radiation Environment
Mines
Joined up government
• Commitment from the top
• Good staff
• Administrative agreements
• Regulatory practice benchmarked nationally and internationally – IAEA IRRS
– Fraser Institute survey
– Australian Environmental Law Enforcement and Regulators Network
Assessment and authorisations
• Understanding the impacts
• Science based assessment
• Providing advice and direction to the planning process
• Ultimately a decision to authorise operation with conditions
Licence example: Four Mile (ISR)
Code of Practice: Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing
• Staged approvals
– Construction
– Commissioning
– Operation
– Decommissioning / rehabilitation
– Process changes
• Radiation Management Plan
• Radioactive Waste Management Plan
• Capability and competency
• Optimisation including best practicable technology
• Reporting
• Training and supervision
Radiation management plan
2 Introduction 2.1 Overview of Operation 2.2 Infrastructure and Operations 2.3 The Infrastructure Required 2.4 Baseline Radiation Information 2.5 Operation and Decommissioning 3 Workforce Information 4 Main components of operation, radiation exposure and control measures 4.1 Wellfield 4.2 Solid Waste Management 4.3 Liquid Waste Management 5 Administrative controls 5.1 Designation of Areas 5.2 Classification of Designated Workers 5.3 Signage 5.4 Standard Operating Procedures
5.5 Work Instructions 5.6 Safety Meetings 5.7 Radiation Safety Officer 5.8 Supervision 5.9 Inspections 5.10 Emergency Planning and Response 5.11 Risk Management and Control 5.12 Radiation Work Permit (RWP) 5.13 Personal Protective Equipment (PPE) 5.14 House-Keeping Measures 5.15 Personal Contamination Monitoring 5.16 Shower and Change Facilities 5.17 Radiation Clearances 5.18 Investigation and Action Level 5.19 Incident and Accident Investigations 5.20 Procedures for Visitors 5.21 Minimum Age Limit to Work
Radiation management plan
6 Radiation Monitoring 7 Occupational dose assessment 7.1 Radiation Exposure to Members of Public 8 Transport of Radioactive Materials 8.1 Samples 8.2 Bore Hole Logging Sources 9 Personnel and resources 10 Integration into Operation 11 Education and training 12 Risk assessment and control 13 Record keeping and reporting 13.1 Reporting 13.2 Weekly and Monthly Radiation Reports 13.3 Quarterly Occupational Radiation Report 13.4 Annual Occupational Radiation Report 14 Quality assurance
14.1 Calibration of equipment 14.2 Inspections 14.3 Procedures 14.4 Preventive Maintenance 14.5 Review and auditing Appendix A: Dose Assessment Methodology
Radioactive waste management plan
• Outline of the processes
• Description of wastes
• Description of the environment
• Baseline radiological characteristics
• System for waste management
• Facilities and procedures for treatment, storage and disposal
• Prediction of environmental concentrations and radiation doses to people
• Management practices
• Demonstration that requirements will be met now and in the future
• Monitoring program
• Contingency plans
• Reporting schedule
• Plan for decommissioning and rehabilitation
• Periodic assessment and review
Program for Environmental Protection and Rehabilitation (PEPR)
2 Description of the Natural, Social and Economic Environment
3 Description of Mine Construction, Operation and Closure
4 Results of Stakeholder Consultation
5 Management of Environmental, Social and Economic risks
6 Mine Closure and Rehabilitation Plan
7 Management Systems and Capability
8 Radioactive Waste Management Plan
9 Approval Conditions
Appendix C Bond Calculations
Radiation
Protection
Act
Mining Act
Mines
Department EPA
Mining
operation
Closure
Rad waste
management
Program for Environmental
Protection and
Rehabilitation
Google “Four Mile PEPR”
Outcome based criteria Outcome
(including mine completion outcomes)
Outcome Measurement Criteria
(including mine completion outcomes)
What will be measured and
form (method) of
measurement
Target Value
Control or baseline
data
No loss of abundance or diversity of native vegetation on or off the Lease through: unless prior approval under the relevant legislation is obtained.
Biennial monitoring of native vegetation abundance and diversity through (stated method) at selected impact sites adjacent to operation and at control sites remote from mining operations
Native vegetation abundance and diversity through (insert appropriate method of measurement)
No loss of abundance or diversity
Vegetation baseline survey
Annual monitoring at area specified in (Fig X) demonstrates that total area of native vegetation cleared does not exceed the approved area
Native vegetation clearance using (e.g. aerial and/or ground surveys)
Total area cleared does not exceed the approved area
Baseline aerial and/or ground surveys
Transport
• IAEA Regulations for the Safe Transport of Radioactive Material
• National Code of Practice for the Safe Transport of Radioactive Material (2008) RPS2
• South Australian Radiation Protection and Control (Transport of Radioactive Substances) Regulations 2003
• South Australia’s role in uranium product shipment (NT and potentially WA and QLD)
• Transport plans
• Emergency response
• Incident training with state bodies
Closure and rehabilitation
Mine liabilities
Mine value
$
Time
Establish end state criteria
Determine financial assurance
Financial assurance
Guidance
Guidance
• IAEA WS-G-1.2 Management of Radioactive Waste from the Mining and Milling of Ores
• IAEA NF-T-1.1 Establishment of Uranium Mining and Processing Operations in the Context of Sustainable Development
• IAEA model uranium mining regulations
• SA Mines Department / EPA Regulatory Guidelines for miners, e.g:
– Preparation of a mining lease proposal
– Preparation of a program for environmental protection and rehabilitation
• SA EPA Radiation Protection Guidance for Explorers
• Safety Guides:
– Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing (2005) RPS9
– Monitoring, Assessing and Recording Occupational Radiation Doses in Mining and Mineral Processing
Thank you
Adelaide Australia