Untitled document

Mineral Resources (Sustainable Development) (Extractive Industries) Amendment (Risk-Based Work Plans) Regulations 2015

S.R. No. 150/2015

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Prescribed information for a work plan

7Prescribed information to be contained in application for variation

8Schedule 1 substituted

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Endnotes

STATUTORY RULES 2015

S.R. No. 150/2015

Mineral Resources (Sustainable Development) Act 1990

Mineral Resources (Sustainable Development) (Extractive Industries) Amendment (Risk-Based Work Plans) Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 8 December 2015

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy and Resources

ANDREW ROBINSON

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to amend the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010––

(a)to prescribe information that must be contained in work plans and applications for the variation of work plans; and

(b)to make minor and technical amendments.

2Authorising provision

These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990.

3Commencement

These Regulations come into operation on 8 December 2015.

4Principal Regulations

In these Regulations, the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010[1] are called the Principal Regulations.

5Definitions

For regulation 3 of the Principal Regulations substitute––

"3    Definitions

In these Regulations––

quarrying hazard means any quarrying activity and circumstance that may pose a risk to the environment, to any member of the public or to land, property or infrastructure in the vicinity of work carried out at a quarry;

the Act means the Mineral Resources (Sustainable Development) Act 1990.".

6Prescribed information for a work plan

For regulation 5 of the Principal Regulations substitute—

"5   Information to be contained in work plans

A work plan must contain the following—

(a)in the case of a declared quarry, the information set out in Part 1 and Part 2 of Schedule 1;

(b)in any other case, the information set out in Part 1 of Schedule 1.".

7Prescribed information to be contained in application for variation

For regulation 7 of the Principal Regulations substitute—

"7    Prescribed information to be contained in application for variation of work plan

For the purposes of section 77H(2) of the Act, the prescribed information is––

(a)a description of any new or changed quarrying hazard arising from the proposed changes to the work set out in the work plan that significantly increases the risks posed to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the relevant work; and

(b)the information that relates to, and is applicable to, the proposed changes to the work that is set out in items 3.1 and 4.1 of Part 1 of Schedule 1 in relation to any new or changed quarrying hazard described under paragraph (a); and

(c)the information that relates to, and is applicable to, the proposed changes to the rehabilitation plan that is set out in item 5.1 of Schedule 1; and

(d)the information that relates to, and is applicable to, the proposed changes to the community engagement plan that is set out in item 6.1 of Schedule 1; and

(e)in the case of work proposed to be carried out in a declared quarry, the information that relates to, and is applicable to, the proposed changes to the work that may affect quarry stability that is set out in Part 2 of Schedule 1; and

(f)a description of how the proposed variation to the work plan relates to the current approved work plan.".

8Schedule 1 substituted

For Schedule 1 of the Principal Regulations substitute––

"Schedule 1

PART 1—INFORMATION REQUIRED IN A WORK PLAN FOR A QUARRY

Regulations 5, 7, 13 and 14

1Description of proposed work

1.1A location map of the work plan area and surrounding areas, drawn at an appropriate scale, that shows the following––

(a)the extent and status of Crown lands and private lands;

(b)residential, commercial and industrial development;

(c)public facilities and infrastructure;

(d)rivers and streams within the work plan area and within 2 kilometres of the proposed work plan area;

(e)for private land within the proposed work plan area, any depth limitations on the land titles.

1.2A general description of geological information pertaining to the proposed work, including stratigraphy, any adverse geological structures, the types of stone to be extracted and the estimated stone resources and reserves.

1.3A general description of the quarry operations, that includes the following––

(a)method and scale of extraction;

(b)stone processing methods and facilities;

(c)waste disposal methods and facilities;

(d)stockpiling facilities;

(e)other quarry infrastructure.

1.4A site map, drawn at an appropriate scale, showing the general layout of the quarry and associated facilities and infrastructure.

1.5A description of sensitive receptors (including their location), in relation to the environment, any member of the public, or land, property or infrastructure in the vicinity of the proposed work.

2Identification of quarrying hazards

2.1An identification of quarrying hazards that may arise from each phase of the proposed work, including set up/

construction, operations/production and rehabilitation/closure.

3Identification and assessment of risk

3.1An identification and assessment of the risks that the identified quarrying hazards may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work.

3.2For the purposes of item 3.1, an assessment of risks posed by a quarrying hazard must have regard to—

(a)the nature of the quarrying hazard; and

(b)the likelihood of the quarrying hazard causing, or contributing to, any harm or damage to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; and

(c)the severity or consequence of the harm or damage that may be caused.

4Risk management plan

4.1A risk management plan that––

(a)specifies the control measures to eliminate or minimise, as far as reasonably practicable, the identified risks associated with quarrying hazards; and

(b)specifies the objectives, standards or acceptance criteria that each control measure or a combination of control measures will achieve; and

(c)includes a monitoring program that will measure performance against all the specified objectives, standards and acceptance criteria; and

(d)specifies arrangements for reporting on performance against all the specified objectives, standards and acceptance criteria.

5Rehabilitation plan

5.1A rehabilitation plan that—

(a)addresses concepts for the end utilisation of the proposed quarry site; and

(b)includes proposals for the progressive rehabilitation, stabilisation and revegetation of extraction areas, waste disposal areas, stockpile areas, dams and other land affected by the operations; and

(c)includes proposals for landscaping to minimise the visual impact of the quarry site; and

(d)includes proposals for the final rehabilitation and closure of the site, including the security of the site and the removal of plant and equipment, taking into account any potential long term degradation of the environment.

6Community engagement plan

6.1A community engagement plan that—

(a)identifies any community likely to be affected by the quarry operations; and

(b)in relation to quarry operations, includes proposals for—

(i)identifying community attitudes and expectations; and

(ii)providing information to the community; and

(iii)receiving feedback from the community; and

(iv)analysing community feedback and considering community concerns or expectations; and

(c)includes a proposal for registering, documenting and responding to complaints and other communications from members of the community in relation to the quarry operations.

PART 2—DECLARED QUARRY STABILITY REQUIREMENTS AND PROCESSES

1Any geological information, in addition to that provided under Part 1, that is relevant to the stability of the declared quarry, including a plan showing cross-sections and long sections of the proposed extraction area of the declared quarry.

2An assessment of the geotechnical and hydrogeological risks for the declared quarry.

3A description of the control measures that will be implemented to eliminate or reduce the geotechnical or hydrogeological risks to an acceptable level including—

(a)a description of any proposed groundwater control system; and

(b)particulars of other measures to ensure the stability of the quarry, associated infrastructure and adjacent land.

4A plan for monitoring the stability and groundwater management of the declared quarry.

5A description of the process for reviews of the assessment, plan, actions and control measures referred to in this Part relating to the declared quarry.".

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ENDNOTES

[1] Reg. 4: S.R. No. 3/2010 as amended by S.R. No. 154/2014.