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)