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Uranium mining and the Environment Protection and Biodiversity Conservation Act 1999 Lachlan Wilkinson Assistant Direc

2. A brief history. 1901 ? Constitution establishes role of Commonwealth1970s ? First C'th environment legislation, international agreements1980s - High Court challenges, conflict with States and Territories1990s - More cooperative approach1992 Intergovernmental Agreement on the Environment1997

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Uranium mining and the Environment Protection and Biodiversity Conservation Act 1999 Lachlan Wilkinson Assistant Direc

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    1. 1 Uranium mining and the Environment Protection and Biodiversity Conservation Act 1999 Lachlan Wilkinson Assistant Director Mining Section

    2. 2 A brief history 1901 – Constitution establishes role of Commonwealth 1970s – First C’th environment legislation, international agreements 1980s - High Court challenges, conflict with States and Territories 1990s - More cooperative approach 1992 Intergovernmental Agreement on the Environment 1997 COAG Agreement EPBC Act 1999 2009 – EPBC Act review

    3. 3

    4. 4 Nuclear actions Uranium mining and milling Exploration Rehabilitation of uranium mines Large scale disposal facility for radioactive waste etc. Matter protected is the whole environment

    5. 5 ‘Environment’ Environment includes: (a) ecosystems and their constituent parts, including people and communities; and (b) natural and physical resources; and (c) the qualities and characteristics of locations, places and areas; and (d) heritage values of places; and (e) the social, economic and cultural aspects of a thing mentioned in paragraph (a), (b), (c) or (d).

    6. 6 Assessment process Referral Environment Minister (or Departmental delegate) decides if proposal needs EPBC Act approval (20 business days) Assessment (EPBC or Bilateral Agreement). Minister decides whether or not to approve proposal and, if so, under what conditions Statutory timeframes for decision-making No appeals

    7. 7 WA Bilateral Agreement Environmental Review and Management Programme Public Environmental Review

    8. 8 Current uranium mining assessments Western Australia Yeelirrie (BHPB) South Australia Olympic Dam (BHPB) Crocker Well (SPCM) Mt Gee (Marathon Resources) Northern Territory Ranger heap leach (ERA) Nolans Bore (Arafura Resources)

    9. 9 Approved mines (EPBC) Beverley extension (Heathgate Resources) approved August 2008 Four Mile (Quasar Resources) approved July 2009 Both in situ recovery (leach) (Other existing mines assessed under Environment Protection (Impact of Proposals) Act 1974)

    10. 10 Four Mile decision

    11. 11 Features of EPBC approval conditions Outcome based Monitoring plan to demonstrate outcomes being met Remedial actions if thresholds exceeded Closure plan and criteria Community engagement plan Annual reporting Four mile – reliance on State bond with fallback for C’th bond

    12. 12 How to help yourself and us Talk early and often Assist governments to work together Engage public, including Indigenous groups – uranium mining remains controversial with many in the community Demonstrate environmental credentials

    13. 13

    14. 14 Public Information about the Act EPBC Act website www.environment.gov.au/epbc All decisions Databases Policy statements Guidelines Fact sheets Other publications Flowcharts of processes

    15. 15 Any questions?

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