The Australian Greens (NT) Response

to the Senate Committee Inquiry into

Environmental Regulation of Uranium Mining

The Australian Greens (NT) welcome the opportunity to submit concerns regarding the adequacy and effectiveness of the monitoring and regulatory regimes pertaining to the Northern Territory's uranium mines.

The existing monitoring regimes in the Kakadu mines are implicitly unable to deal with the types of problems that are of real importance. For instance the Ranger mine has not got permission to keep the above ground tailings dam in situ yet appears to have no appropriately upcoming plans to clear it out and demolish it. Another Cyclone Tracey could do just that any year. The periodical crack monitoring and gauging of the increasing levels of dam seepage will not prevent a catastrophic pollution of the waters that lead to World Heritage Kakadu National Park and the indigenous communities downstream. No monitoring will. The dam was not lined as prescribed in the original environmental inquiry, 'The Fox Report'. It therefore should be rehabilitated before it does more damage to the groundwaters of an area gazetted to become national park.

Monitoring cannot proactively protect Kakadu National Park from the pollutants being monitored. The insidious creeping of leachates is in no way abated by measuring them and reporting them. Periodic monitoring of dispersed pollution levels off-site only demonstrates the past effectiveness of the systems managing the mines' pollutants, and gives no assurance of their ongoing integrity. Prevention of possible pollution would be better than reaction after the event.

While events and revelations over the last year have made public the poor performance of the regulating authorities, performance is not the only issue. The current monitoring regimes are inherently inadequate and ultimately ineffective. The current overarching goal of the regulating authorities is to show absence of significant pollution instead of ensuring measures to prevent it. Reliance upon monitoring is a vastly inadequate way of caring for environmental integrity.

Commonwealth agencies have been stripped of powers and resources, rendering them ineffective. Others, such as Parks Australia (North) are gagged on the issue and largely excluded from decision making and management.

Moving ERISS from Jabiru East to Darwin makes it more difficult for them to perform their significant role. Large delays between the collection and processing of samples could render them inaccurate. ERISS should at least enjoy sufficient resources to maintain their base in proximity to the mines.

With the continual squeeze on funding, the number of ERISS staff has dramatically fallen, putting more pressure on those left behind, and inevitably contributing to a further loss of valuable staff members. Insisting that ERISS perform fee based contract work outside of their original briefing amounts to dilution and therefore sabotage of their important work.

The OSS should be given the political freedom to tell the whole truth. It is important that the OSS be equipped with new scientists who can be trained to investigate the mines' environmental performances, rather than bending over backwards to prove that contamination is contained.

From here, the energies of the SS should be directed to managing the rehabilitation of the mine sites. Rehabilitating uranium mines represents an engineering project with scientific problems never successfully met before. These authorities need to be properly equipped to continue the research, investigation and experimentation required to best manage the vast quantities of contaminated material, and rehabilitate the large areas of the mine sites.

The miner has recently reitterated their committment not to further mine Jabiluka for at least ten years. However, the minesite remains in a state requiring significant management and monitoring. Above ground at Jabiluka there is 57 kT of non-mineralised waste-rock and about 47 kT of mineralised ore stored under protective sheeting. Besides leaching some uranium and other pollutants, this ore pile is acidic and high in nitrates.

The ERA EIS for Jabiluka repeatedly stated that ore would not be kept on site for more than 3 months. It has now been there for more than 3 years. The protective sheeting used to minimise the pollution of run-off from the ore pile is rated for 5 years service. Clearly, the current strategies are insufficient for managing the site for the next 10 years.

In addition to managing the run off from the stockpile, other hydrology management problems are pertinent at Jabiluka, including managing the pond and the open decline itself.

The current plan of storing the unprocessed ore and waste rock above ground on site, with decline left open and ready for action, represents an unacceptable environmental and social risk. Given recent concerns regarding heavy metal leaching from the Jabiluka ore pile, the mounting hydrology and air pollution issues related to the open decline and the environmental management errors at Ranger, a more reliable management strategy is needed for the next ten years. The NT Government should be persuaded to insist upon the site being (at least) temporarily rehabilitated.

The mineralised ore and other contaminated material (such as the soil immediately under the ore pile, and the mud from the pond) is anticipated to all fit back down the decline. Although this material is expected to extend partially beyond the ore-bearing rock through the non-conformity into the sandstone layer, it is expected to remain well below the weathered zone. This ore can be further protected by application of a low permeability barrier of clay, as specified in the miner's rehabilitation obligations. Some of the waste-rock can be backfilled down the decline, with the remainder safely contoured over the pond. The Jabiluka site and entrance can then be revegetated, eliminating many of the management issues and simplifying monitoring requirements.

This positive step would easily be covered by the rehabilitation bond, while vastly reducing management costs. While some monitoring will still be required, the greatly simplified management requirements should provide financial savings that outweigh the cost of temporarily rehabilitating. With a ten year halt to mining at Jabiluka and an uncertain future for ERA, it seems obvious to move to a management plan that is cheaper, easier, cleaner and more reliable.

The previous NT Government was anxious to ensure that any gold in the Jabiluka deposit be milled. Although the milling of gold is well accepted to be highly polluting, the Commonwealth appears to have done little to prevent this activity at Jabiluka. A firmer stance against this option is required to protect World Heritage Kakadu National Park and its indigenous people from this rapacious plan.

The Koongarra site should be thoroughly rehabiliated and revegetated and incorporated into Kakadu National Park. This move would be in line with the proposals made by the World Heritage Committee in 1999 and the promises made by previous federal environment minister Robert Hill. The Nourlangie area cetainly needs to be left quiet and intact. Yellow Waters definately do not need a mine upstream. The Traditional Owners, we understand, strongly oppose defacing their land.

The Australian Greens (NT) are of the view that the Ranger mine should be closed down. Mining, especially uranium mining is not acceptable in the vicinity of conservation reserves. To have uranium mining within the boundaries of World Heritage Kakadu National Park is appalling. It is reprehensible to mine Aboriginal Land without their express consent.

Improved environmental performance at Ranger mine entails, at a bare minimum, scaling down the project to the limits of open pit mining at orebody #3, preventing an underground mine at Ranger. We understand that Ranger is operating in low gear to unnecessarily prolong its lifetime. We recognise this as a political strategy to keep the mill operational in hope of realising other resources in the area, during a period of decreasing uranium prices. These political and economic factors should not be allowed to dictate the lifetime of the mine, which we believe should be wound up in a timely fashion. Delay to rehabilitation enhances environmental damage.

It is questionable how long the talings dam can contain the 10 mega metres cubed of toxic sludge and excess polluted water. This pool goes against the miner's obligations not to contaminate water unnecessarily. It is not best practise to allow water storage in a tailings dam.

There have been concerns raised about the ability of the pits to contain the tailings in regions of high porosity. Consequently, minimising the quantity of tailings to be buried is desirable. Under no circumstances should the miner be allowed to leave orebody #3 to be a lake half filled with tailings. The Djalkmarra Billabong that once received backwash water from the Magela Creek has been dug out by the mining of orebody #3. It is gone, and a toxic lake is not an acceptable replacement. Instead waste rock should be piled to make gentle hills of the clay lined tailings filled pits.

The vast area of the irrigated bush and wetland filters that need to be bulldozed and scraped will entail rehabilitation of the best variety. There is plenty of work for fully resourced Commonwealth agencies to see that this polluted region is nurtured.

Monitoring and reporting are inadequate for dealing with the risks inherent to uranium mining. The Australian Greens (NT) want to see all existing uranium mines scaled down and rehabilitated. The relevant Commonwealth agencies require more resources and powers to enable the difficult process of managing the rehabilitation of contaminated mine sites. For over a quarter of a century, Kakadu National Park has been endangered by the activities at Ranger. Now that the life of the mine is drawing to an end, ERA should not be allowed to drag their feet, and the Commonwealth should realise their environmental responsibilities and begin working towards rehabilitation.

Grusha and Justin Tutty

members, The Australian Greens (NT)

PO Box 349, Noonamah, NT 0837

08-8988-6063

We're keen to particpate further in the inquiry.
Please keep us informed of any arrangements for oral submissions.