DSD Mining Regulation
HMCV Presentation - PEPR
11 April 2016
Andrew Querzoli
2Department of State Development
1. Regulatory Framework
2. Two Stage Mining Application Process
3. Mining Lease Application
4. The PEPR
5. Compliance
Contents of Presentation
3Department of State Development
South Australia’s Mining Regulatory Framework
DSD is responsible for administering South Australia’s mining legislation
and
is the lead agency for assessment, approval and regulation of mining
4Department of State Development
South Australia’s Mining Regulatory Framework
Mining regulatory approach based on key principles and features:
• Outcomes based (not prescriptive based)
• Fair and equitable
• Timely decisions
• Transparent
• Predictable
• Practical
• Flexible
• Efficient
• Inclusive
5Department of State Development
South Australia’s Mining Regulatory Framework
Regulatory Approach:
• A whole-of-mine-life approach
• Balanced assessment of the economic, social and environmental impacts
• Risk-based approach to determine what impacts must be managed
• Performance-based criteria focusing on outcomes rather than inputs
• Application of recognised industry and national standards
• Minimisation of liability for both government and the community
• Clear accountability for explorer/miner to achieve community & government expectations
• Efficient Collaboration between DSD and other government agencies to achieve
streamlined approvals, engaging their expertise and authority where required
• Ensuring compliance through best practice strategies, which may include enforcement
actions, that ensure explorers and miners consistently achieve environmental outcomes
6Department of State Development
Two Stage Mining Assessment Process
Two Stage Assessment Process
Mining
Lease
Application
made to
Minister
Public
Statutory
Consultati
on
DSD Assessment
of: 1)
Environmental
Impacts
2) Net Benefits
Minister
decides to
Approve or
Refuse
Mining
Lease
Approval of
Program for
Environment
Protection and
Rehabilitation
(PEPR)
Mining
Operations
can
commence
Stage 1 – Mining Lease - Complete Stage 2 - PEPR
Operations can commence subject to:
1) Other permits and licences
2) Access to Land
3) Payment of Bond (if required)
4) Native Vegetation Legislation
7Department of State Development
Rex’s proposed smaller scale start up project
http://www.minerals.statedevelopment.sa.gov.au/mining/mines_and_quarries/hillside_copper,_gold_and_iron_ore_project/frequently_asked_questions
8Department of State Development
Rex’s proposed smaller scale start up project
• DSD formally requested that Rex provide detailed information about the form of any
revised, staged project, and an assessment of the consistency and compliance of that
revised project with the original Mining Lease Proposal.
• The purpose of requesting this information is to inform an assessment by Government,
and determination of any process that would be necessary in order for Rex to
pursue the revised project.
• If the assessment by Government of Rex’s revised project concludes that the revisions
are not consistent and compliant with the Lease & original Proposal, then Rex may
either further revise the project and re-submit, or apply for new or additional tenements,
resulting in a new application process which will include statutory public consultation.
• If the assessment by Government concludes that Rex can demonstrate that the revised
project is consistent and compliant with the Lease and original Proposal, Rex must
then prepare a Program for Environment Protection and Rehabilitation (PEPR).
http://www.minerals.statedevelopment.sa.gov.au/mining/mines_and_quarries/hillside_copper,_gold_and_iron_ore_project/frequently_asked_questions
9Department of State Development
Stage 1 – Mining Lease Application
Mining Proposal must include:
• Economic, Social and Environmental Benefits
• Environmental Impact Assessment
• Results of community engagement
• Measures to manage impacts
• Proposed environmental & mine completion outcomes (level of impact)
• Draft criteria for measuring achievement of the outcomes
Key considerations in a Mining Proposal assessment:
• Does the evidence provided in the Mining Proposal demonstrate that:
- There is a reasonable prospect that a mineral resource can be “effectively and efficiently mined”?
- All potential environmental impacts have been identified?
- The proposed level of impact (outcome) is appropriate given the economic & social benefits?
- The proposed control strategies will achieve an appropriate level of impact?
10Department of State Development
Stage 2 – The PEPR
Operational approval
PEPR must include:
• Description of operations, mining and rehabilitation plans, C&M
• Environmental Outcomes (level of impact) including completion
• Measures for achieving the Environmental Outcomes
• Measurement Criteria (Op, C&M, Completion) and Monitoring Plans
• Leading Indicator criteria (where applicable)
• Results of Consultation
• Consideration of Lease conditions
• Operator Capability
Key considerations in a PEPR assessment:
• Does the evidence provided in the PEPR demonstrate the:- Effectiveness of control measures for ensuring no exceedance of the approved outcomes (level of impact)
- Effectiveness of criteria in measuring the approved outcomes (level of impact)?
- Operator capability to implement the measures and management plans?
11Department of State Development
PEPR Determinations
and Guidelines
1. MD005 and MG2b – Determination and Guideline for PEPR’s for Mining
Metallic and Industrial Minerals in accordance with Regulation 65(7) of the
Mining Regulations 2011.
12Department of State Development
PEPR Content – DSD Expectations
1. Description of the Environment
2. Description of Mining Operations
3. Consultation
4. Environmental Outcomes, strategies, criteria and monitoring
5. Operator capability
6. Lease and Licence Conditions
7. Exempt Land
8. Other Requirements and Approvals
1. Public Liability Insurance
2. Bonds
3. EPA
4. Other Acts
13Department of State Development
Description of the Environment
1. Description of the Environment
• A full description of the environment is not required in the PEPR as this has
already been provided in the Mining Proposal
• MD 005 – Section 2 – PEPR must “include any changes to the environment, or
updates to information about the environment, since the previous description of
the environment was provided in the Mining Proposal”
• Can be required by the lease, ie:
• Sixth Schedule Clause 18.1:
• The PEPR must include “baseline data to characterise the pre-mining
condition of all soils within the Land”
14Department of State Development
Description of mining operations
2. Description of mining operations
• Similar to information provided in Mining Proposal, but more detail is required
• Ore Reserves and Mineral Resources
• Production rate and products
• Description of open pit and/or underground mining
• Sequence of mining and rehabilitation
• Stockpiles
• Mine Dewatering
• Rehabilitation strategies and designs for the mine and stockpiles
• Care and Maintenance (C&M) strategies for the mine and stockpiles
• Crushing, Grinding, Processing and Product Transport
• Rehabilitation and C&M strategies and design for the processing plant
15Department of State Development
Description of mining operations
2. Description of mining operations
• Waste Rock and Tailings storage facilities
• Specifications, drawings, plans for the design, construction, operations
and completion of all waste rock and tailings facilities
• Rehabilitation and C&M strategies and designs for Waste Rock and Tailings
storage facilities
• Supporting Surface Infrastructure
• Accommodation and offices
• Fuel and Chemical storage
• Site security
• Stormwater, silt control and drainage
• Rehabilitation and C&M strategies and designs for Infrastructure
16Department of State Development
Description of mining operations
2. Description of mining operations
• Vegetation Clearance / Native Vegetation Management Plan / SEB
• Description of the mine site at completion
• The closure strategies for the site must be in a detailed form
• There is flexibility for closure strategies to change over time
• Closure outcomes must still be achieved, strategies can change
• Rehabilitation Liability Estimate
• Resource Inputs
• Workforce, Energy Sources, Water Sources
17Department of State Development
Consultation
3. Consultation
• DSD requires that mining companies consult with all stakeholders in the
development of a PEPR
• The results of consultation must be documented in the PEPR
• The PEPR must include the Community Engagement Plan (also required by the
Lease).
• The Lease requires that the CEP must be implemented and maintained
18Department of State Development
Environmental Outcomes, Strategies,
Criteria and Monitoring
4. Environmental Outcomes, strategies, criteria and monitoring
• Set out environmental outcomes – most are required by the Mining Lease
• Set out control and management strategies
• Uncertainty assessment
• Current and future works program to remove uncertainty
• Based on the future works program, propose the timing of PEPR reviews
• Measurement Criteria
• Leading Indicator Criteria
• Operator compliance monitoring program for Criteria and Reporting
19Department of State Development
Environmental Outcomes, Strategies,
Criteria and Monitoring
MG2B – Outcomes and Criteria Example Tables
20Department of State Development
Operator Capability
5. Operator Capability
PEPR must include the descriptions and details of capability in:
• Corporate operational policies
• Procedures and practices to achieve compliance
• Comprehensive risk management system
• Monitor, evaluate, audit and review compliance
• Reporting of non compliance
• Emergency Response Plan
• Communication plans for employees, contractors and visitors
• Communication plans for external parties
• Previous record in achieving compliance
• Resources allocated to a compliance system
21Department of State Development
Lease / Licence
6. Lease / Licence
• Where the lease or licence includes conditions or requirements that are not
environmental outcomes, a section of the PEPR must demonstrate that these
conditions have been addressed in the PEPR or how otherwise they have or will
be complied with.
• Eg:
• Rainwater tank testing
• The PEPR must include details about how this condition has been or will be
complied with.
22Department of State Development
Exempt Land
7. Exempt Land
• The PEPR should identify areas within mining tenements that are exempt land.
• Exempt Land can include:
• Cropping land
• Land within 400m of an occupied house
• Land within 150m of a bore, dam, industrial or agricultural building/shed
• The PEPR should detail the ‘waivers’ which are required to implement the full
extent of the mining operations detailed in the PEPR.
• The PEPR will not be approved if mining operations are proposed on
exempt land in the PEPR without a waiver in place.
23Department of State Development
Other Requirements and Approvals
8. Other Requirements and Approvals
• Public Liability Insurance – requirement of the Mining Act
• Bond – based on the maximum rehabilitation liability from the PEPR
• Native Vegetation Management Plan / PEPR – SEB payment
• EPA permits and licences, eg:
• Works approval for construction of plant and equipment
• EPA Licence for operations of plant and equipment
• The PEPR can be used as the supporting documentation for the EPA Works
approval and EPA Licence application
• DEWNR permits and licences, eg:
• Permits for accessing surface or ground water
• Work health and safety requirements
24Department of State Development
All new mining PEPRs are public
All Major mines have a dedicated DSD web page:
http://www.minerals.statedevelopment.sa.gov.au/mining/mines_and_quarries
A summary of PEPRs can be found on SARIG or DSD web page:
http://www.minerals.statedevelopment.sa.gov.au/mining/approved_peprs
https://sarigbasis.pir.sa.gov.au/WebtopEw/ws/samref/sarig1/cat0/MSearch
25Department of State Development
Post PEPR Compliance and Monitoring
Compliance and Monitoring
• Company Annual Compliance Reporting to State (DSD/EPA) (Public)
• Site Inspections by State (DSD/EPA) – Quarterly for all major mines
• Incident investigations by State (DSD/EPA)
• Company Quarterly reporting and presentations to State DSD/EPA/SafeWork SA
Contact
www.statedevelopment.sa.gov.au
DSD Mining Regulation
Level 7, 101 Grenfell Street
Adelaide, South Australia 5000
GPO Box 320
Adelaide, South Australia 5001