Outcome:	1. Environment		Question No: 77
Output:  	
Division/Agency:  	Approvals and Wildlife Division
Topic:  	Uranium Mining
Hansard Page ECITA:  	Written Question on Notice

Senator Crossin asked:
Have you developed a response to the recommendations of the latest Senate inquiry into uranium regarding regulating uranium mines? If so has that response been provided to government?

Answer/s:
No. The Government will respond in due course.

Outcome:  	1. Environment		Question No: 78
Output:  	
Division/Agency:  	Approvals and Wildlife Division
Topic:  	Uranium Mining
Hansard Page ECITA:  	Written Question on Notice

Senator Crossin asked:
Can a copy of that response be provided to the committee, and is it publicly available?

Answer/s:
See answer to question 77.

Outcome:	1. Environment		Question No: 79
Output:	1.6  Human Settlements
Division/Agency:	Supervising Scientist Division
Topic:	Uranium Mining
Hansard Page ECITA:	Written Question on Notice

Senator Crossin asked:
What are the options for the federal government to prosecute ERA following the recent incident at Ranger?

Answer/s:
The Commonwealth Government has the potential option of prosecuting ERA under the Atomic Energy Act 1953 and the Customs Act 1901.
Atomic Energy Act 1953
The Commonwealth Government could prosecute for a breach of the Section 41 Authority under the Atomic Energy Act 1953. Section 41D of that act provides that it is an offence to refuse or fail to comply with a condition or restriction under an authority. In the case of a natural person a fine of $2,000 could apply, or in the case of a body corporate, a $10,000 fine.
Customs Act 1901
The Commonwealth Government could prosecute for a breach of the export permission under the Customs Act 1901. ERA’s export permission for uranium requires it to comply with the Section 41 Authority under the Atomic Energy Act 1953. In the event a permit holder breaches a condition of an export permission the Customs Act 1901 provides for a fine not exceeding 100 penalty units (that is, a $11,000 fine).
Crimes Act 1914
The Commonwealth Government would also need to consider the operation of Section 4C of the Crimes Act 1914  which provides that, where an act or omission constitutes an offence under a law of a Territory and of the Commonwealth, the offender cannot be punished under both laws. The Northern Territory has already laid several charges against ERA under the Northern Territory Mining Management Act 2001.

Outcome:	1. Environment		Question No: 80
Output:	1.6  Human Settlements
Division/Agency:	Supervising Scientist Division
Topic:	Uranium Mining
Hansard Page ECITA:	Written Question on Notice

Senator Crossin asked:
Have you provided advice to the Government that such a prosecution should proceed?

Answer/s:
No.

Outcome:	1. Environment		Question No: 81
Output:	1.6  Human Settlements
Division/Agency:	Supervising Scientist Division
Topic:	Uranium Mining
Hansard Page ECITA:	Written Question on Notice

Senator Crossin asked:
Were you asked to provide evidence to the recent court case in the NT regarding the current prosecution? If so what was the nature of that evidence?

Answer/s:
No.

Outcome:	1. Environment		Question No: 82
Output:	1.6  Human Settlements
Division/Agency:	Supervising Scientist Division
Topic:	Uranium Mining
Hansard Page ECITA:	Written Question on Notice

Senator Crossin asked:
Can you provide me with a organisational chart of the OSS following the review?
Answer/s:
The current organisational chart of the Supervising Scientist Division is attached.

Attachment for Question 82
Organisational Chart of the Supervising Scientist Division

Outcome:	1. Environment		Question No: 83
Output:	1.6  Human Settlements
Division/Agency:	Supervising Scientist Division
Topic:	Uranium Mining
Hansard Page ECITA:	Written Question on Notice

Senator Crossin asked:
Can you provide details of any federal audits that have been conducted since the last leaks/incidences at the Ranger site?

Answer/s:
On 30 August 2004, following the tabling of the Supervising Scientist’s reports into the potable water contamination and radiation clearance incidents, the Hon Ian Macfarlane MP, Minister for Industry, Tourism and Resources, imposed a series of conditions upon Energy Resources of Australia Ltd, operator of the Ranger mine. 

Compliance with these conditions was audited by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) and the Australian Nuclear Science and Technology Organisation (ANSTO) on 13 September 2004, 3-4 November 2004, and 19-20 January 2005.

Outcome:	1. Environment		Question No: 84
Output:	1.6   Human Settlements
Division/Agency:	Supervising Scientist Division
Topic:	Uranium Mining
Hansard Page ECITA:	Written Question on Notice

Senator Crossin asked:
Are there any operations or legal changes that need to be made as a result of the recent incidences at Ranger? If so what are these? And have the government done anything to implement these?

Answer/s:
The reports of the Supervising Scientist’s investigations into events at the Ranger mine were tabled in the Senate on 30 August 2004. The recommendations contained in those reports have been accepted by the government and are provided at Attachments A and B to this answer.

No changes in legislation are required to implement the Supervising Scientist’s recommendations. However, a number of operational changes are required at the Ranger mine to implement the recommendations. Most of these changes have been required of Energy Resources of Australia under the conditions imposed by the Minister for Industry, Tourism and Resources on 30 August 2004 under the Atomic Energy Act 1953. The Supervising Scientist is monitoring the implementation of the remaining required operational changes through his normal supervisory activities.

Attachment A for Question 84  
Recommendations from Investigation of the potable water contamination incident at Ranger mine March 2004

Recommendation 1: 
The Commonwealth Minister for Industry, Tourism and Resources should advise the Northern Territory Minister for Mines and Energy that ERA should be required, either through approval of an appropriately submitted Mining Management Plan for the Ranger mine or by required revisions to such a Plan, to:
(a) Ensure that the fittings used throughout the Ranger potable water system should always remain incompatible with all other fittings used on the site to prevent the connection of the potable water system to any other system.
(b) Install a water contamination probe within the Ranger potable water system. The probe should measure electrical conductivity and acidity continuously and should trigger an alarm alerting operators if the value of either of these variables changes significantly from pre-set values. 
(c) Install non-return valves at points in the potable water system where connections may be made to other water systems. A risk analysis of the potable, process and pond water systems should be used to determine where non-return valves are required.

Recommendation 2:
The Commonwealth Minister for Industry, Tourism and Resources should advise the Northern Territory Minister for Mines and Energy that, by the end of 2004, an independent audit of the process water distribution system at Ranger should be carried out to determine whether the Process Water Pipe Replacement Project has been completed and to identify further work required to address any remaining deficiencies in the process water system.

Recommendation 3:
ERA should introduce a permit system requiring authorisation by a Superintendent for changes to water systems and should implement a program designed to improve the standard of housekeeping on site. ERA should determine the minimum competency standards required for operators, and implement a training system that ensures that operators meet those standards.

Recommendation 4:
The Commonwealth Minister for Industry, Tourism and Resources should advise the Northern Territory Minister for Mines and Energy that ERA be required to implement a Workplace Safety System consistent with, or equivalent to, Australian Standard 4801 and that the operation of this system be the subject of an annual independent audit.

Recommendation 5:
The Commonwealth Minister for Industry, Tourism and Resources should consider whether action should be taken by the Commonwealth in response to the established breach of Environmental Requirements 3.4 and 5.1.

Recommendation 6:
The Commonwealth Minister for Industry, Tourism and Resources should seek advice from the Northern Territory Minister for Mines and Energy on the nature and extent of the audit and inspection regime at the Ranger mine and, in particular, should seek details of any concerns expressed by the Department of Business, Industry and Resource Development on the condition of the process plant and on related OHS issues.

Recommendation 7:
ERA should provide copies of the two health risk assessments contained within the Supervising Scientist’s report to affected workers, should counsel these workers to seek advice from their doctors on their possible participation in the proposed voluntary monitoring program and should facilitate the implementation of this program for those workers who choose to participate, including the provision of the advice of an independent consultant neurotoxicologist. When the results of the program become available, they should be assessed by both the Rio Tinto occupational physician and the Supervising Scientist’s independent expert group and these assessments should be provided to the affected workers and their doctors.

Attachment B for Question 84 
Recommendations from Investigation of radiation clearance procedures for vehicles leaving the Ranger mine

Recommendation 1:
The Commonwealth Minister for Industry, Tourism and Resources should advise the Northern Territory Minister for Mines and Energy that the radiation clearance procedures at Ranger need to be revised to include much more specific instructions on the cleaning and inspection of vehicles, should include the use of gamma dose rate monitoring equipment as well as the surface contamination meters currently used, and should be the subject of a regular, independent audit process.

Recommendation 2:
Energy Resources of Australia should ensure that staff who undertake radiation clearance procedures are adequately trained in all practical aspects of radiation clearance, should review its procedures for the monitoring of the movement of vehicles on site and should ensure that all vehicles that have been in controlled areas are checked for radiation clearance certificates at the Security Gate.

Recommendation 3:
Energy Resources of Australia should review the use of contracted labour at the Ranger mine within a risk assessment framework to ensure that its key responsibilities for the protection of people and the environment are not jeopardised by the employment in key areas of staff over whom ERA has little or no direct control.

Recommendation 4:
Energy Resources of Australia should immediately implement a program to bring about a change in the radiation protection culture at Ranger. This culture needs to be based on the recognition that, while concentrations of radionuclides in materials at Ranger are relatively low and that, therefore, radiation related incidents should be easily avoided, this will only be achieved if a carefully designed radiation protection regime is in place and it is implemented with diligence.

Recommendation 5:
Energy Resources of Australia should review the resources allocated to radiation protection at Ranger and ensure that the resources allocated are adequate to meet all of the requirements specified in the Environmental Requirements and under Northern Territory law.

Recommendation 6:
The Commonwealth Minister for Industry, Tourism and Resources should consider whether action should be taken by the Commonwealth in response to the established breach of Environmental Requirements 1, 5.1 and 12.1.