Mining Workshop –Overview of Mining

EDO Tasmania

Introductions Name Where you’re from Interest in attending the workshop Particular area of interest

Program Overview of mining Development assessment Public participation Legal actions

EDO Tasmania

Community legal centre providing the following services: Legal advice and representation – all areas of public

interest environmental and planning law Law reform – submissions, advisory panels Legal education – fact sheets, publications, workshops

We receive funding from: State Government (about 5%) Memberships and donations (95%)

Mining Tenements in Tasmania

Who owns minerals in Tasmania?

▪ The Tasmanian government owns most of the minerals, gas and petroleum in Tasmania even when they are found beneath private freehold land

▪ All category 3 minerals (e.g. sand, rock, stone, gravel and clay used in constructions, bricks and ceramics – s3 MRDA) are owned by the owner of the private land

▪ Mining companies extracting the resource pay the State government fees for the benefit of the licence or lease. These fees are called “royalties”.

What is mining ▪ Prospecting involves fossicking for minerals using hand tools. A

person who wishes to ‘fossick’ needs a ‘prospectors licence’.

▪ Exploration is the first stage of mining. Before a company will invest money to extract minerals, they undertake research and conduct testing to identify where minerals are located, in what volumes and how to extract them. A exploration licence is required.

▪ Mining includes any activity (excluding fossicking or prospecting) carried out to obtain minerals including geothermal, oil and gas. A mining lease is required for some minerals and a production licence is required for other minerals.

Impacts of mining• Mining projects can bring employment and other benefits to regional

communities.

• However, it can also cause concern amongst community members, and potentially long term social and environmental disruption. Laws exist to try to prevent, minimise and manage these impacts.

• Environmental impacts

• surface disturbance

• flora and fauna

• clearing of native vegetation, and

• contamination of ground and surface water sources.

• and more …..

Mineral Categories• Mineral Resources Development Act 1995

Catergory 1

• Metallic mineral and atomic substance (uranium, thorium)

Category 2• Coal, peat, lignite, oil shale and coal seam gas

Category 3

• Rock, stone, gravel, sand and clay used in construction, bricks and ceramics

Category 4

• Petroleum products including oil and shale gas (excluding oil shale)

Category 5• Industrial mineral, precious stones and semi-precious stone

Category 6• Geothermal substance

Exploration • There are three main types of exploration methods employed:

– desktop analysis;– airborne methods; and – ground-based methods.

• The Mineral Exploration Code of Practice (MECOP) – an important document which regulates the way exploration is conducted– It is an approved code under the MRDA – MECOP provisions are included as conditions in the exploration licence

• A work program must be approved before exploration can take place – this permits a mining company to undertake the works

• No planning permit or environmental authority

Restrictions on Exploration

• The Mineral Exploration Code of Practice provides that the following land will also be excluded from an exploration licence:

– State Reserves– National Parks– Historic Sites– Nature Reserves– Game Reserves– Some Conservation Areas (for example Central Plateau, Marble Hill, Adamsfield

and Southport Lagoon conservation areas)

• Exploration is permitted in other reserve categories including regional reserves and most conservation areas.

• Refer to the Guide for more information about mining in reserves

Mining lease▪ A mining lease applies to solid minerals such as gold, copper, tin

and coal etc.

▪ A mining lease gives the holder the right to carry out mining operations (access, excavation and treatment) within the confines of the mining lease, subject to conditions set out in the lease.

▪ Other authorities required▪ Small operations (Level 1 operations) – assessed and approved by local Council

▪ larger operations (Level 2 operations) – referred to EPA and environmental authority required

▪ Planning permit required

Production licence ▪ A production licence permits production of petroleum, gas or

geothermal substance ( excludes coal seam gas).

▪ No production licences have been issued in Tasmania to date, however, if Petragas (Petratherm) find a viable source of shale gas or petroleum, they would need to apply for one.

▪ Authorities required

• Petroleum substances (Level 2) -referred to the EPA for assessment

• unconventional gas is unclear how environmental authority process will be handled but likely that EPA will ‘call in’

• Planning permit

Restrictions on Mining• See restrictions on exploration• Private land

– will be discussed later

• World Heritage – Inconsistent with World Heritage Values

• Heritage – A mining lease or production licence cannot be granted over Aboriginal land,

within the meaning of Aboriginal Lands Act 1995 (Tas), without the agreement of the Aboriginal Land Council of Tasmania. Also the Aboriginal Relics Act 1975 prohibits the disturbance of Aboriginal relics by mining activities unless a permit is issued.

Rehabilitation • Exploration

– MECOP outlines the rehabilitation requirements

• Mining lease / Production licence▪ Mining / field development plan and closure plan required for mines

▪ Rehabilitation is also required as part of conditions (MECOP for exploration)

• Security deposits are required

• Rehabilitation should be carried out during exploration and throughout the life of the mine

• Where more damage is suffered than anticipated, it can be difficult to require further work to be done.

Quarrying▪ Includes all extractive pits from which building, construction,

landscaping and road making materials (including sand and clay etc.)

▪ Many quarries are 'Level 1' activities that require a planning permit from the local government (annually less than 1,000 tonnes of mineral or 5,000 m3 for sand or stone)

▪ Mining lease required unless:▪ the landowner uses all the material ;or

▪ sells less than 100 tonnes each year

▪ The Quarry Code of Practice sets out the assessment standard for quarrying operations and outlines best practice operating procedures