COMPANY INSIGHT
Sponsored by Aspect Environmental
A
ppreciation of the effect of changing regulations enables mine operators to proactively assess and respond to their relative exposure.
A proactive response enables the operator to retain control of change processes in advance of a regulatory direction enforcing the change, the resource demand and the timeframe.
By way of example, Aspect Environmental looks at the requirements of the NSW Mining Amendment (Standard Conditions of Mining Leases – Rehabilitation) Regulation 2020 and how operators can respond and retain process control.
The amendment to the NSW Mining Regulation 2020 will prescribe new standard mining lease conditions relating to mine rehabilitation under the NSW Mining Act 1992.
These new conditions will replace existing rehabilitation conditions on current mining leases and will be added to new mining leases. Mining lease conditions are additional to development consent conditions.
Progressive rehabilitation, rehabilitation risk assessment, annual reporting and detailed rehabilitation management planning will be required through the new mining lease conditions.
Leaseholders will need to prepare:
Transitional arrangements for existing mines will allow time for leaseholders to prepare for the new requirement within the following timeframes:
The reforms require the lease holder to conduct a rehabilitation risk assessment. The risk assessment must identify and evaluate all potential risks to achieving:
The risk assessment must also outline the specific measures that will be implemented to minimise and mitigate those risks. For all mines, the rehabilitation risk assessment informs the forward program. For large mines, the results of the rehabilitation risk assessment will also inform the rehabilitation management plan.
If the risk assessment is not conducted or is found to be lacking, regulator action using enforcement powers would be taken to ensure that the risk assessment is amended to address the issues identified. The control of corrective response timing would then shift from the operator to the regulator.
Whilst lease holders are not required to submit the rehabilitation risk assessment for approval, it is subject to additional formal review under development consent compliance reporting and independent auditing conditions. Lease holders must keep appropriate records that document the rehabilitation risk assessment, including how it has been reviewed and updated over the life of the operation and demonstrate its progressive implementation.
Businesses operating under the Mining Act 1992, Mineral Resources Act 1989, development consents or undertaking a scheduled activity/environmentally relevant activity, are required to periodically report on compliance performance and are subject to external independent/3rd party audits. The scope of these performance reviews typically includes:
– An assessment of actual impacts compared to predicted impacts documented in the environmental impact assessment;
– An assessment of incidents, non-compliances and complaints that have occurred on the project;
– An assessment of feedback received from the Department, and other agencies and stakeholders; and
– An assessment of the performance of the development having regard to agency policy and any particular environmental issues identified through consultation carried out when developing the scope of the audit.
Under these evaluation processes, the findings and any nominated corrective actions are outside of the direct control of the operator. Finding outcomes can include notices/records of breach, enforced undertakings, adjustment to conditions and financial penalties.
To avoid surprises and retain operator control of response actions, performance review outcomes are best managed internally in advance of regulatory review.
To avoid regulatory actions on 3rd party assessed rehabilitation performance (and general environmental management) a gap analysis is recommended to inform the required transitional actions required in advance of regulator review. Such a process:
Engaging Aspect to assist in this process provides an objective review of performance and regulatory requirements to support internal review processes. Additional assurance is provided through Aspect’s provision of former NSW Mines Inspectors (under the Mining Act) with direct experience in:
Your organisation outcomes are supported by an experienced team of environmental planners, scientists and managers to assist you with the new amendment and any other compliance requirements.
Any non-compliance represents a potential lag in project delivery, unplanned resource allocation and ultimately a non-budgeted cost/liability.
To retain control there are three steps to reduce risk, enable certainty of outcomes and enhance stakeholder confidence:
Leaving performance evaluation in the hands of a regulator creates an unnecessary exposure for your business. Early action provides significant business surety and continuity.
Click here to view mining projects Aspect have been involved in.
mine closure plan hillgrove resources
Aspect Environmental
Aspect Safety Group
Suite 117 / 25 Solent Circuit
Baulkham Hills
NSW 2153
Tel: 0439 455 975
Web: www.aspectenvironmental.com.au