managing land contamination during the mine closure …€¦ · managing land contamination during...

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.


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


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


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!


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


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


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


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


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


Rehabilitated Minerals Sand Mine – NSW Mid North Coast

Best Practice Rehabilitation is Achievable!


Ecological Rehabilitation at a NSW Colliery April 2014 – Use of biological resources to enhance rehabilitation

outcomes


Ecological Rehabilitation at a NSW Colliery April 2014


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)


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


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


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


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


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


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


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


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)


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.


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


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?

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