MONITORING ACHIEVEMENT OF ENVIRONMENTAL GOALS AT RANGER AND THE OLYMPIC
DAM OPERATION
Ranger
The ERA mine at Ranger is widely regarded as the most regulated mine
in the world. This observation is especially true of supervision and monitoring
of Ranger's impacts on the environment. The rationale for this close interest
in Ranger is that the mining lease is totally surrounded by the Kakadu
National Park.
Both the Commonwealth and Northern Territory governments are involved
in overseeing environmental performance of Ranger.
Appendix 2.2 contains a comprehensive list of legislation applying to
the Ranger mine (see Appendix 2.3 for a comparable list concerning the
Olympic Dam Operation).
On environmental matters, the relevant Commonwealth legislation is the
Environment Protection (Alligator Rivers Region) Act 1978,
as amended in 1993. The purpose of this legislation is "to provide
for the appointment of a Supervising Scientist for the purpose of protecting
the environment in the Alligator Rivers Region of the Northern Territory
from the effects of mining operations, and for other purposes." This
legislation establishes -
- the office of Supervising Scientist. Originally a statutory office,
the Supervising Scientist has been appointed under the Public Service
Act since the 1993 amendments to the Act. The main function of the Supervising
Scientist is "to devise and develop programs for research into,
and programs for the collection and assessment of information relating
to, the effects on the environment in the Region of uranium mining operations
in the Region (section 5(a)).
The functions of the Supervising Scientist are fully set out in Appendix
2.4.
The role and responsibilities of the Supervising Scientist will be the
subject of consideration in the following chapter.
- an Advisory Committee. Its purpose is to provide a formal forum for
consultation with persons and bodies on "matters relating to the
effects on the environment in the Alligator Rivers Region of uranium
mining operations in the Region"; and "matters relating to
environmental research conducted in the Region that are referred to
it by the Technical Committee" (section 17). See Appendix 2.5 for
details of membership and the relevant sections concerning its functions.
- a Technical Committee, inter alia, "to consider programs for
research into, and programs for the collection and assessment of information
relating to, the effects on the environment in the Alligator Rivers
Region of uranium mining operations in the Region"; and "to
make recommendations to the Minister on . . . the nature and extent
of research necessary to protect and restore the environment in the
Alligator Rivers Region" (section 22B). Membership and functions
of the Technical Committee are set out in Appendix 2.6.
- the Environmental Research Institute of the Supervising Scientist
(ERISS), previously the Alligator Rivers Region Research Institute.
Broadly, the functions of ERISS are to undertake, promote and assist
in research into the effects on the environment in the Region of uranium
mining operations in the Region. Details of the functions of ERISS are
contained in Appendix 2.7.
The Northern Territory Mining Act 1982 does not deal specifically
with mining in the Alligator Rivers Region. It provides a general scheme
for mining in the Northern Territory. Under this Act every mineral lease
is subject to the condition that the lessee will:
where there is any discharge on mine waste from the lessee's
operations, make appropriate provisions for settling dams, settling
basins and other works for impounding and retaining that waste, and
treat the waste before its disposal;
ensure that all industrial and domestic waste is properly disposed
of;
seek and consider appropriate advice concerning steps that are
reasonably likely to encourage and promote regeneration and development
of vegetation on mined areas;
comply with the provisions of, and directions lawfully given
under, all laws in relation to the lessee's activities on the leased
area.
All mining leases in the Northern Territory are granted subject to the
condition that the holder will carry out its mining programs and other
activities so as to cause as little disturbance as practicable to the
environment, and comply with the reasonable written directions of the
Northern Territory Department of Mines and Energy.
Day-to-day mining, milling and ancillary operations at Ranger are controlled
under the Uranium Mining (Environment Control) Act whose aim is to minimise
any damage which may be caused to the environment of the Region.
The Ranger Authorisation to Operate is granted under section 13 of this
legislation. The process for obtaining authorisations, or changes to authorisations,
is described as follows:
- ERA prepares a detailed technical application in accordance with an
agreed format and legal interpretation for the proposed change,
- the application is submitted to the NTDME, the supervising authority,
- if unsatisfied with the application the NTDME requests modifications
to the application prior to distribution,
- if satisfied with the application the NTDME formally requests comment
by distributing the application to other relevant authorities, always
including the Office of the Supervising Scientist (OSS) and Northern
Land Council (NLC). A satisfactory period of time is allowed for review
of the application and formal comment,
- the NTDME may require a technical committee of relevant authorities
to meet to consider the application,
- the application will be approved or rejected on the basis of the above
mentioned review process. Applications are seldom approved unconditionally,
and
- the NT Minister for Mines and Energy authorises or rejects the application
following recommendations from the NTDME.
Ranger is also subject to Commonwealth Environmental Requirements which
evolved from findings and recommendations of the Fox Inquiry and were
formulated in extensive discussion with ERA and the Northern Land Council.
They are also attached to the Northern Territory's Uranium Mining (Environment
Control) Act. Both the Supervising Scientist and the Department of Mines
and Energy have a role in ensuring their effective implementation when
addressing ERA proposals and defining appropriate standards, practices,
procedures and measures.
Environmental Requirements are currently being redrafted. According to
the Supervising Scientist, the existing Requirements are relatively rigid
and in some instances inconsistent with the higher levels of environmental
procreation that are now achievable with the technological improvements
that have occurred over the nearly two decades since their formulation.
The draft ERs provide flexibility to allow Best Practice techniques to
be applied in pursuing the defined environmental objectives (S 85, 26).
In addition to these various organisations which oversee operations at
Ranger, there are also bi-annual Environmental Performance Reviews undertaken
jointly with the Northern Territory Department of Mines and Energy. Information
on matters to be covered in EPRs between 1995 and 2000 is contained in
Appendix 2.8.
Various criticisms have been made of monitoring arrangements at Ranger.
The Northern Land Council (NLC) stated that it has the right to comment
on changes to Ranger's Authorisation to Operate but observes that "their
concerns in relation to social and environmental issues can and have been
ignored by ERA, the NT Mines Minister and the Commonwealth Government".
(S 42, 8)
It wrote that it had often been forced to litigate to have concerns recognised
and cited the proposed release of contaminated water in the 1994-5 wet
season. The NLC noted that in the event there was no release and that
ERA had undertaken not to apply to release RP2 water to Magela Creek ever
again. The NLC observes: "This promise has no legal standing at this
time". (S 42, 8). Nonetheless, during the unusually heavy rainfall
in the 1996-7 wet season, Ranger did not seek to release water from the
mine site.
Olympic Dam Operation
In the case of the Olympic Dam Operation, South Australian Government
authorities are responsible for overseeing achievement of environmental
goals. Results of routine monitoring programs are published. They are
also subject to evaluation by responsible government agencies. WMC has
itself introduced a more structured program of annual independent audits,
the reports of which will be available to government authorities.
Clause 11 of the Indenture governing the Olympic Dam Operation provides
for submission to the Minister for Mines of "a three yearly program
for the protection, management and rehabilitation (if appropriate) of
the environment in respect of that project including arrangements with
respect to monitoring and the study of sample areas to ascertain the effectiveness
of such program". The program is described in a document originally
known as the Environmental Management Program, but now known as the Environmental
Management and Monitoring Plan.
The Minister can approve, approve with conditions, or refuse the program.
All relevant State Government agencies are consulted during the evaluation
process.
Each year WMC Copper Uranium Division prepares an annual report for the
Department of Mines and Energy. The annual report provides information
on all environmental management and monitoring activities. It includes:
- an executive summary;
- a summary of key points and conclusions;
- summaries and interpretation of recorded data;
- analysis of trends developing during the period;
- mitigation measures taken to rectify or minimise possible operational
impacts on the environment;
- major changes in operations;
- assessment of critical group doses;
- suggested revisions of the monitoring programme;
- monitoring and management outcomes relating to objectives set out
in this document.
The following areas are proposed to be reported on in the annual report:
- meteorological parameters;
- waste monitoring results;
- new waste materials management facilities;
- airborne emission monitoring results;
- new air emission control facilities;
- vegetation monitoring;
- rehabilitation activities;
- fauna monitoring;
- hydrogeological monitoring around the TRS;
- environmental radiation monitoring;
- the wellfields hydrogeological monitoring;
- the wellfields vegetation monitoring;
- the wellfields fauna monitoring;
- management developments and results;
- a list of personnel, qualifications and responsibilities (S 74, para
5.2.4.1, 54-5).
Both the Environmental Management and Monitoring Plan and the annual
reports are public documents and are circulated to key libraries for their
reference collections.
WMC Copper Uranium Division is now in the process of introducing annual
independent audits for the recently reconstituted Consultative Committee
(composed of the Commonwealth and South Australian governments and the
company). The independent audit is focussed on the monitoring process
including meteorology; waste materials; air emissions; vegetation; rehabilitation;
fauna; hydrogeology; environmental radiation; borefield hydrogeology;
other opportunistic monitoring requirements; consultation; and reporting.
The South Australian Government has also approved a comprehensive Radiation
Monitoring Program under the Waste Management Code. Put in place prior
to commencement of operations, the program included monitoring of radon
and radon decay products, radioactive dusts and radionuclides in soils,
vegetation, fauna and water.
According to the South Australian Government:
The results are analysed and reported annually. After approximately 8
years of operations the program was reviewed and integrated with the non
radiological environmental program. Monitoring of some parameters which
had not shown, and were not expected to show, changes as a result of operations
was discontinued. The program was refocussed on those parameters likely
to give useful information for assessing possible longer term environmental
impacts. (S 109, 8)
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