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THE GOVERNMENTAL AND ADMINISTRATIVE FRAMEWORK

As is the case with many aspects of uranium mining and milling there is a Commonwealth- State/Territory framework for handling health and safety matters. Health and safety matters are covered in both general and specific terms. "Environment", as defined in the Environment Protection (Impact of Proposals) Act 1974, "includes all aspects of the surroundings of human beings, whether affecting human beings as individuals or in social groupings." As the Department of the Environment, Sport and Territories commented in its submission:

For any proposal required to undergo assessment under the Act, proponents are, therefore, required to provide information on the health and safety implications for mine workers to the E[nvironment] P[rotection] A[gency] and to the public in any document prepared for public review under EIA procedures. (S 99, 14)

Similarly for communities:

    . . . proponents would be required to provide information on the health, safety and other effects of uranium mining and milling on communities adjacent to mine and mill sites and communities on existing or planned transport routes for uranium ore and uranium waste. (S 99, 14)

The Environment Protection (Nuclear Codes) Act 1978, another part of the 1978 package of Commonwealth environment legislation, is of more direct relevance to health and safety topics. The purpose of this legislation is -

    . . . to make provision . . . for protecting the health and safety of the people of Australia, and the environment, from possible harmful effects associated with nuclear activities in Australia . . . (section 3)

The Act provides for formulation and variation of codes of practice for regulating or controlling nuclear activities in a context requiring consultation between Commonwealth, State and Territory ministers. It includes provision for notification of codes and their disallowance by either House of the Parliament.

Three codes have been published under the legislation:

  • "Waste Management Code": Code of practice on the management of radioactive wastes from the mining and milling of radioactive ores (1982).
  • "Radiation Protection Code": Code of practice on radiation protection in the mining and milling of radioactive ores (1987).
  • "Transport Code": Code of practice for the safe transport of radioactive substances (1990).

The Australian Radiation Laboratory (ARL), a part of the Health and Family Services portfolio, has informed the Committee that the codes have either been adopted as regulations or used as the basis of regulations which maintain their spirit by States and Territories in which uranium mining occurs (S 80, 7). The ARL, however, considers revision of the codes, especially the Waste Management Code, important. For this purpose the Commonwealth/State Consultative Committee on Nuclear Codes of Practice was convened in May 1996.

A working group has been formed to consider revisions to the Waste Management and Radiation Protection codes with the intention that revised codes and guidelines will be published in 1998-99.

Revision of the Transport Code will be based upon the latest "Regulations for the safe transport of radioactive material" of the International Atomic Energy Agency whose publication is expected this year. They are expected to come into operation internationally on 1 January 1999. The new IAEA Transport Regulations will be incorporated into a revised Transport Code for use in Australia.

Apart from its role in development of Codes of Practice and Guidelines for the mining, milling and disposal of radioactive ores, the ARL activities include:

  • provision of personal radiation monitors and the maintenance of a National Register of Radiation Doses.
  • development of techniques for assessment of worker dose from radon progeny and provision of calibration services for radon monitoring devices.
  • development of methods for the assessment of worker dose from the inhalation of dust containing radionuclides of the uranium or thorium series.
  • control of wastes and tailings from mining and milling operations.
  • development of Codes of Practice and Guidelines for the mining, milling and disposal of radioactive ores.
  • provision of training courses for radiation protection during uranium mining. (S 80, 4)

The other Commonwealth agency active in this field is the Supervising Scientist. As expressed in his submission to the Committee, the Supervising Scientist reviews occupational radiation exposures (S 85, 30).

Under the national umbrella, the respective State and Territory governments have extensive responsibilities for health and safety of mining employees and affected communities within their jurisdictions. Ranger is subject to the provisions of Schedule 2 of Mine Management Regulations made under the Mine Management Act. The NT Department of Mines and Energy has responsibility for ensuring that regulations relating to uranium mining are adequate to ensure worker safety and environmental protection; and that mining companies comply with regulations (S 100, 26).

Similarly, a licence under the Northern Territory's Radioactive Ores and Concentrates (Packaging and Transport) Act 1980 is necessary for transport of radioactive material (S 100, 29).

In South Australia, the Olympic Dam Operation is governed by the State's Occupational Health, Safety and Welfare Act 1986 and Regulations.

The governmental and statutory framework as such did not attract comment in submissions to the Committee. However, Dr J. Leigh, consultant to the Committee, observed:

    The regulatory structure is very cumbersome and duplicative. No doubt there are historical reasons for this but the opportunity to streamline and rationalise this structure should be taken if new mines are to be developed. The unique indenture arrangement at Olympic Dam is very different from the multiple Federal and Territory legislation applying to Ranger. (Leigh, 1997, ii)