managing land contamination during the mine closure …€¦ · managing land contamination during...
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Managing land contamination
during the mine closure
and rehabilitation process NSW Department of Industry – Division of
Resources & Energy Dr David Blackmore–Director Environmental Sustainability Unit
Nov 2015
Dr David Blackmore – November 2015
Division of Resources & Energy
The Division of Resources & Energy (DRE) has
five key business units that work together to deliver
policy, programs and compliance for the NSW
Government across the minerals and energy
sector
DRE is responsible for facilitating profitable and
sustainable mineral resources development,
effective environmental management and safe and
responsible mining and petroleum production.
Dr David Blackmore – November 2015
DRE Regulatory oversight-
Rehabilitation and contamination As part of developing a better future through
regulatory reform, we must first understand the
drivers for change (e.g. learning from our past
successes and failures)
Prevention (and remediation) of contamination is a
key aspect of the rehabilitation objectives and
completion criteria that must be met for the
intended post-mining land uses before DRE
relinquishes security and the mining lease
Dr David Blackmore – November 2015
Legacy of Poor Performance
Significant number of derelict mines has tarnished
the industry’s credibility in being able to
demonstrate it can leave a positive legacy
Causal factors of previous failures
– Industry’s failing to adequately identify and manage
risks associated with achieving sustainable
rehabilitation outcomes
– Limited regulatory oversight of rehabilitation
activities
Dr David Blackmore – November 2015
Dr David Blackmore – November 2015
Dr David Blackmore – November 2015
Previous failure to Integrate Rehab
into Mine Life Cycle
Mine Life Cycle – Failure to Integrate Rehabilitation
Don’t put all your eggs in one basket by planning and
implementing rehabilitation until this stage
The horse has usually bolted by this stage!
Dr David Blackmore – November 2015
Past Regulatory Issues
Significant ambiguity within approvals in regards
to specificity of rehabilitation obligations
• For example “The applicant shall establish and
maintain at least 30 percent of the site as native
woodland to the satisfaction of the Director-General”
Limited obligations to require titleholders to
undertake rehabilitation, including ability to call
upon former titleholders to address failure
Limited security for Government to fulfil
rehabilitation obligations where a titleholder has
defaulted
Dr David Blackmore – November 2015
Evolution of Best Practice
Rehabilitation Over the last 20 years
– the notion of best practice rehabilitation has evolved
within industry
– the community and regulators have significantly
higher expectations for rehabilitation outcomes
Provisions now allow ability to direct former
titleholders to undertake further rehabilitation
More recent consents/licences are more specific in
terms of post mining land use outcomes, including
vegetation types
Dr David Blackmore – November 2015
Evolution of Best Practice
Rehabilitation cont.. Under proposed Upper Hunter Strategic
Assessment in NSW (Part 10 of EPBC Act),
rehabilitation can contribute to a biodiversity offset
package where a specific Plant Community Type is
to be established
Dr David Blackmore – November 2015
The hurdle of poor perception
Given lag time associated with establishing
rehabilitation, standards applied under a regulatory
system 20 years ago may not meet today’s
expectations
Strong perception that rehabilitation of mine
disturbed land cannot be achieved
General lack of confidence from the community in
the adequacy of regulatory processes relating to
rehabilitation
Dr David Blackmore – November 2015
DRE’s Regulatory Objectives
As part of its regulatory approach, DRE aims to:
– restore trust from the community in the mining and
petroleum industry and government
– streamline regulatory frameworks
– promote open dialogue with the community
– create greater transparency
– provide greater regulatory stability
– improve rehabilitation outcomes
– minimise the potential for the transfer of
rehabilitation and contamination liabilities to the
State
Dr David Blackmore – November 2015
Rehabilitated Minerals Sand Mine – NSW Mid North Coast
Best Practice Rehabilitation is Achievable!
Dr David Blackmore – November 2015
Ecological Rehabilitation at a NSW Colliery April 2014 – Use of biological resources to enhance rehabilitation
outcomes
Dr David Blackmore – November 2015
Ecological Rehabilitation at a NSW Colliery April 2014
Dr David Blackmore – November 2015
Ecological Rehabilitation at a NSW Colliery April 2014
Dr David Blackmore – November 2015
What is Best Practice?
Best practice is simply the best way of doing things at a given site
It needs to be flexible and innovative in developing solutions for site specific issues
It is as much about 'approach and attitude' as it is about a fixed set of principles or technology
It involves adaptive management - 'learning by doing' through the application of best scientific principles
– Source: Ian Macfarlane – former Minister for Industry, Tourism and Resources, Leading Practice Sustainable Development Program for The Mining Industry – Mine Rehabilitation (2006)
Dr David Blackmore – November 2015
DRE Regulatory Reforms
DRE is involved a number of regulatory reforms: – Improved Management of Exploration Regulation
(IMER), which commenced 1 July 2015
– NSW Gas Plan
– Integrated Mining Policy (inter-agency initiative facilitated by the NSW Department of Planning & Environment)
– Review of Mining Regulation underway, which will build off the model developed for the IMER
DEVELOPMENT OF NEW
GOVERNMENT CODES AND
REQUIREMENTS
Dr David Blackmore – November 2015
Upfront Codes forexploration
activities
Grow exploration and drive a
competitive resources sector
Provide for risk and outcomes-
based regulation
Ensure competent and effective
exploration
Provide transparency and
certainty of performance
expectations to industry,
regulators and community
Ensure environmental
sustainability; social responsibility
& increased accountability
Reduce regulatory burden
Intended benefits of revised regulatory framework Principles of
regulatory reform
Upfront rules; reduced duplication and
streamlined reporting
Accountability of all system
participants and active risk based
Compliance & Enforcement
Increased clarity, transparency and
confidence in regulation
across all commodities
Industry determines best
use of technology and practice
to deliver outcomes
Dr David Blackmore – November 2015
Dr David Blackmore – November 2015
Objective
The final condition of areas disturbed should be
as good or better than as it existed prior to
exploration activities, or one that allows the
proposed final land use(s) (developed in
consultation with landholders) to be sustained
Facilitate a risk-based approach to implementing
best practice rehabilitation – Code is underpinned
by DRE facilitated risk assessment
MINING & PRODUCTION
PHASE REFORMS
Dr David Blackmore – November 2015
DRE’s Regulatory Approach – Mine
Life Cycle
Development Approval
under EP&A Act –
Department of Planning
& Environment
DRE Role
• Secretary
Environmental
Assessment
Requirements
• Advice role to DP&E
Management of Environmental Impacts
• DP&E – Consent conditions (EP&A Act)
• DRE – Mining Lease (Mining Act)
• EPA – Environment Protection Licence (POEO Act)
DRE Role – Promote best practice rehabilitation
• Mining Lease conditions
• Mining Operations Plan (future Rehabilitation
Management Plan)
• Annual Environmental Management Report
• Site inspections and audits
• Compliance and enforcement actions
• Rehabilitation securities
Dr David Blackmore – November 2015
Secretary Environmental
Assessment Requirements Present the case in EIS that effective rehabilitation
can be achieved. Key rehabilitation issues to be
factored into mine design include:
– Natural landform design
– Integration of drainage system on post-mining
landform with receiving water catchments
– Final voids
– Management of hostile geochemical materials
– Life-of-mine tailings management strategies
– Final land use and land capability
Risk assessments & options analysis
Dr David Blackmore – November 2015
Securities
All titleholders are required to lodge a security deposit that
must cover the Government’s full costs of rehabilitation in
the event of default (NSW $1.8 Billion)
Titleholder is required to provide DRE with an estimate of
rehabilitation costs
DRE will consider this estimate when determining the
amount of security
Release of security deposit is contingent upon a title holder
being able to demonstrate that rehabilitation has met the
required completion criteria
Dr David Blackmore – November 2015
Auditing, Compliance & Enforcement
A key part of DRE’s role is performance
management of rehabilitation to minimise the
potential for failure to occur
Use of Codes of Practice to educate industry on
how to implement best practice
Issuing of Directions to titleholders to either:
– improve rehabilitation performance and prevent
failure; OR
– address non-conformances
Taking appropriate action for non-conformances
Dr David Blackmore – November 2015
Rehab-Prevention of Contaminated
land nexus Remediation of contamination is a key aspect of
the rehabilitation objectives and completion criteria
that must be met for the intended post-mining land
uses before DRE relinquishes security and the
mining lease
Key contamination sources from mining include the
use and storage of hydrocarbons and other
chemicals; adverse geochemical material that is
exposed as part of the mining process or through
ore processing (e.g. Tailings)
Dr David Blackmore – November 2015
Preventative Measures
DRE's regulatory processes are aimed at preventing
contamination from occurring in the first instance. Where a
mine has adverse geochemical material to manage, the
mining company is required to detailed how they are going
to manage these risks as part of the submission of a MOP.
Eg. include selective handling of geochemical material to
ensure material is placed at depth during the mining phase;
regular sampling of overburden material as well as tailings
and rejects materials to ensure that they are appropriately
handled and managed/remediated etc.
Dr David Blackmore – November 2015
Mine Closure-DRE
DRE regulates compliance against the MOP
through the requirement that a mining company
details compliance against the MOP in an annual
report as well as on the ground compliance and
enforcement activities
Remediation of contamination is regulated as part
of a MOP both progressively through the life of
mine as well as part of closure
Dr David Blackmore – November 2015
Mine Closure-Linkages DRE-EPA
Holistic government approach where needed DRE will seek concurrence from EPA that
contamination has been appropriately managed and
remediated in accordance with Environment Protection
Licence
* DRE's Rehabilitation Cost Estimate Tool has a number of
items included to ensure that there are contingencies in the
security to cover the cost of remediation of contamination
This includes the costs associated with undertaking
contamination studies to identify the nature and scope of
remediation activities required
QUESTIONS?