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The NSW minerals industry owns land to carry out mining operations, to create buffers around mines and for offset sites. The industry manages large areas of land throughout the State for a range of purposes including mining, agriculture and conservation. The industry is an important stakeholder in NSW land use planning and land management issues and has the resources and skills to contribute to lasting, positive land management outcomes.
The NSW minerals industry invests significant resources into conservation activities. These activities include: managing buffer lands or offset sites to improve biodiversity values; partnering with community groups such as Landcare to deliver conservation initiatives; rehabilitating streams to minimise erosion and improve stream health; and undertaking mine rehabilitation that increases biodiversity values in a region
Biodiversity offsets are established by mining operations to counterbalance impacts on biodiversity that cannot be avoided or mitigated during the mining process, such as the clearing of native vegetation to access mineral resources or to construct buildings and infrastructure. Biodiversity offsets are actively managed to improve biodiversity values, with the aim of offseting any reduction in biodiversity values caused by the mine development. Offsets may be located adjacent to the mine or somewhere else where appropriate improvements in biodiversity values can be gained. The industry has been a leader in the use of offsets since the mid-90s, along with mine rehabilitation, offsets can help to create lasting, positive biodiversity outcomes.
Mining companies use a number of different techniques when managing land for conservation to achieve good quality results as quickly as possible. This includes collecting local seed for use in mine rehabilitation and other tree plantings; improving habitat by installing nest boxes and replacing hollow logs and dead trees; removing or controlling weed species and feral animals; and relocating native fauna.
Many mines, through their commitment to sustainability, undertake conservation activities beyond regulatory requirements. For example, Anglo American Metallurgical Coal, in partnership with the Hunter-Central Rivers Catchment Management Authority is undertaking a river restoration project along a 6.5km stretch of the Hunter River and Dart Brook. The project includes the protection and restoration of one of the largest remaining stands of River Red Gums in the Hunter Valley.
In 2008 the NSW Government introduced a voluntary BioBanking Scheme which provides a more formal way of calculating offsets for biodiversity outcomes. The NSW mining industry is actively assessing this Scheme and how it applies to mining projects.
Mining is a temporary use of the land. When mining in a particular area is complete, the land must be rehabilitated to a safe, stable and self-sustaining condition. This can involve, for example, filling in voids left by mining, reshaping disturbed areas so they are consistent with the surrounding landscape, ensuring the site has proper drainage to minimise erosion, replacing topsoil and establishing native vegetation.
Rehabilitation objectives are defined early in the planning process in consultation with government, local councils, the community and other stakeholders. For older mines, rehabilitation objectives are outlined in Mining Operations Plans. On land previously used for agriculture or plantation forestry, the aim could be to rehabilitate the land to its pre-mining level of productivity. In other cases, the objective may be to restore the area as close to its original condition as possible, with its environmental and heritage or conservation values intact. In some cases, remodelling of the area to a completely new land use could be appropriate, such as converting the mined area to a wetland, golf course or an area suitable for urban development.
In 2006, the NSW Minerals Council released its rehabilitation policy. The policy affirms the NSW Minerals Council’s commitment to quality mine rehabilitation and outlines a range of actions that NSW Minerals Council members will take to ensure good rehabilitation outcomes. This includes minimising the area of disturbed land, undertaking progressive rehabilitation during a mine’s operation and undertaking appropriate stakeholder consultation.
Rehabilitation of exploration and mining areas is primarily regulated by the Mining Act 1992, with exploration licences and mining leases containing rehabilitation conditions. Planning approval under the Environmental Planning and Assessment Act 1979 may also have conditions relating to rehabilitation. Mines are required to prepare management plans, which outline how rehabilitation will be integrated into mine planning and operations. Annual reporting indicates how a company is performing against its conditions, which is confirmed through on-site inspections.
The costs of rehabilitation are fully met by the titleholder. To ensure mines comply with their rehabilitation conditions, the NSW Government requires titleholders to lodge security bonds with the NSW Department of Trade and Investment, Regional Infrastructure and Services (DTIRIS). Security bonds are retained until the Department is satisfied that rehabilitation obligations have been met. The amount of the bond is designed to take into account the full costs of undertaking any outstanding rehabilitation obligations by a third party. Partial release of the security deposit may occur when successful rehabilitation has been demonstrated for part of the site, which encourages mines to undertake progressive rehabilitation.
Mining companies in NSW have embraced their responsibilities to the environment and the community enthusiastically. Mine rehabilitation programs are now a central part of mining operations and the success of mining companies in implementing them is a critical factor in developing positive relationships with their communities. Mining operations are expected to ensure continual improvement in rehabilitation practices and to apply leading industry practice.
Through many years of experience, the industry has developed excellent knowledge and skills base in mine rehabilitation. Because of the industry’s commitment to continual improvement, substantial resources continue to be invested into research of rehabilitation techniques. Research is often undertaken through university partnerships and with funding from industry organisations such as the Australian Coal Association Research Program. In 2007 the NSW Minerals Council ran a training course Rehabilitation by Design aimed at further improving the rehabilitation skills of environmental staff based at mine sites. Following this Rehabilitation by Design Practice Notes were prepared to provide an ongoing resource for the mining industry about practical steps to create good rehabilitation outcomes.
Tree planting to rehabilitate former mine site
The final stage in the mining process is mine closure and lease relinquishment. During mine closure, mining equipment is decommissioned and removed from the site and rehabilitation is completed in line with the agreed rehabilitation objectives. There will be a series of completion criteria, performance standards and regulatory obligations that a mine must fulfil to ensure the agreed end land use is achieved. Lease relinquishment and the full return of the security deposit only occurs when, at the end of decommissioning and rehabilitation, all regulatory obligations have been satisfied and the appropriate end land use has been achieved.
If there is potential for a mine to reopen in the future, the mine may go under “care and maintenance”. This may happen, for example, if current economic conditions make the mine unviable. During care and maintenance, production is stopped but the site is managed to ensure it remains in a safe and stable condition, ready to be reopened if circumstances change in the future.
Derelict mines are former mine sites which are in need of rehabilitation but where no individual, company or organisation can be held responsible for their management or rehabilitation. Derelict mines are a legacy of mines that operated before the introduction of the stringent regulation of mine rehabilitation that is in place today.
Derelict mines can pose a potential risk to public health and safety as well as environmental risks of site stability, contamination or offsite impacts. The NSW Government runs the Derelict Mines Program (DMP), which receives funding to administer priority public safety and environmental improvement work at derelict mines in NSW ($1.77 million in 2006-07). The program is co-ordinated by an inter-agency committee and is administered by DTIRIS. The NSW Minerals Council is represented on the Derelict Mines Steering Committee.
The priorities of the program include the removal of threats to public safety, reduction of pollution impacts from erosion and contamination, reduction in the risk of bushfire, and addressing public concerns. DTIRIS maintains a database that contains characteristics of over 500 individual former mine sites and provides the basis of a priority listing of sites for remediation works.
The ongoing remediation and management of derelict mine sites is the responsibility of government, however the industry is involved in the voluntary rehabilitation of abandoned sites, especially where these sites are on or adjacent to future or current mining tenements.
Relevant Documents
NSWMC Rehabilitation Policy
NSWMC Rehabilitation Practice Notes ($50.00 inc gst. To order email information@nswmin.com.au)
Case Study – Mt Owen Rehabilitation
Case Study – Blayney Rehabilitation
Submissions
NSWMC Submission – BioBanking Scheme
External Links
NSW Derelict Mines Site
DRET Leading Practice Sustainable Development Program for the Mining Industry - Mine Rehabilitation Handbook
DRET Leading Practice SDP – Mine Closure and Completion
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