Data as at 14 September 2026 · from the Queensland EP Act public register
EPSL00671213 · Garry William Berghofer
Minerals environmental authority EPSL00671213 (Garry William Berghofer), Granted. 48 conditions indexed. No PRC plan.
- Status
- Granted
- Holders
- Garry William Berghofer
- Tenures
- ML60458
- PRC plan
- None
- How it was read
- Numbered conditions
- Register
- Register record · Instrument PDF
Conditions
48 numbered conditions read from the current instrument. Page numbers link into the register PDF.
- Condition 1
* The holder o*f the Environmental Authority* must submit to the administering authority a Plan of Operations* for the mining lease, at least 28 days prior to carrying out any activities on site, unless a shorter period is approved by the administering authority. Note 1 -For more detailed information refer to the following sections of the Environmental Protection Act 1994: (i) 233 Plan of operations required before acting under relevant mining lease; (ii) 234 Content requirements of a plan of operations. Financial Assurance
- Condition 2
The holder of a new environmental authority must submit the required amount of Financial Assurance* (ie. a security deposit) to the administering authority prior to carrying out any activities on the mining lease. If the holder of the environmental authority submits an application to amend the plan of operations or submits a new plan of operations, they must also submit an application to amend their financial assurance to the administering authority. If an application is lodged to transfer the environmental authority to another person or company, the proposed transferee must submit the required financial assurance prior to the transfer taking effect. Note 2 -A financial assurance must be calculated in accordance with Form 5 (Schedule of Rehabilitation Costs) and will be subject to a financial discount in accordance with the performance criteria in Appendix C (Schedule of Environmental Management Performance). Note 3 -Section 364 of the Environmental Protection Act 1994, requires that the holder of the environmental authority gives the administering authority a financial assurance in a acceptable form (ie. either cash or a bank guarantee) and for the amount calculated in a manner decided by the administering authority. When necessary, the holder of the environmental authority must amend the financial assurance under section 366 of the Environmental Protection Act 1994 (e.g. increasing the area of disturbance on the mining lease). The holder of the environmental authority must lodge a single financial assurance with the Department of Mines and Energy. The financial assurance will consist of two components: (i) An amount to cover the potential costs of rehabilitation of areas disturbed by mining activities (ie. Environmental Protection Agency component); and (ii) An amount to cover the potential costs of restoring property improvements disturbed by mining activities and the failure of the tenure holder to pay rents and royalties (ie. Department of Mines and Energy component). Code of environmental compliance Mining lease projects Land Disturbance
- Condition 3
The holder of the environmental authority must ensure that the area and duration of disturbance to land and vegetation are minimised. Note 4 - To minimise the area and duration of disturbance to land and vegetation the following measures or similar measures can be used: - avoid disturbing large and/or mature trees; - select specific trees to be cleared and avoid causing damage to the surrounding vegetation; and - where practical, leave the rootstock of existing vegetation intact to promote regrowth. Air Quality
- Condition 4
The holder of the environmental authority must not cause an Unreasonable Release* of dust. Note 5 - To prevent the unreasonable release of dust, the following measures or similar measures can be used: - installing pollution control equipment (e.g. fitting bag filters or a cyclone to dust generating equipment); - altering work practices to avoid or minimise the generation of dust; - scheduling activities for times when they will have least impact; - spraying water on roads and tracks; - revegetating disturbed areas as soon as practical; and - leaving or creating wind breaks or screens. Noise Emissions
- Condition 5
The holder of the environmental authority must not cause Unreasonable Noise* at a Noise Sensitive Place*. Note 6 - To prevent causing unreasonable noise at a noise sensitive place, the following measures or similar measures can be used: - construct and maintain noise barriers and enclosures around noisy equipment or along the noise transmission path; - implement noise reduction measures at noise sensitive places; - provide and maintain low noise equipment; - carry out routine maintenance on fans to minimise bearing noise; - repair or replace defective mufflers of vehicles and plant equipment; and - limit the hours of operation to between 7am to 6pm from Monday to Saturday. Note 7 -If aircraft are used for mining related activities, operate them so as to minimise disturbance to livestock (e.g. helicopters). Code of environmental compliance Mining lease projects Erosion and Sediment Control
- Condition 6
The holder of the environmental authority must design, install and maintain adequate banks and/or diversion drains to minimise the potential for storm water runoff to enter areas disturbed by mining activities.
- Condition 7
The holder of the environmental authority must design, install and maintain adequate erosion and sediment control structures wherever necessary to prevent or minimise erosion of disturbed areas and the sedimentation of any Watercourse*, Waterway*, Wetland* or Lake*. Note 8 - For information on the design and construction of sediment ponds refer to the "Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland", Part C, "Site Water Management". Note 9 - Regularly clean out sediment traps, ponds and drains and maintain them in effective working order, until erosion stability has been achieved in disturbed areas. Note 10 - The capacity of sediment traps, ponds, drains and banks should not be reduced below 70% of their design capacity. Topsoil and Overburden Management
- Condition 8
The holder of the environmental authority must ensure that Topsoil* is removed and stockpiled prior to carrying out a* ny mining activity. Prevent or minimise the mixing and erosion of topsoil and Overburden* stockpiles. Note 11 - To separate topsoil and overburden and to prevent or minimise the erosion of these stockpiles the following measures or similar measures can be used: - identify topsoil and overburden layers prior to mining; - store topsoil and overburden in separate stockpiles, install silt fences or bunding around the stockpiles - establish and maintain a temporary cover crop on the topsoil stockpiles; - limit the height of topsoil stockpiles to 2 m; and - where practical reuse stockpiled topsoil within 12 months of storage. Code of environmental compliance Mining lease projects Hazardous Contaminants
- Condition 9
The holder of the environmental authority must plan and conduct activities on site to prevent any potential or actual release of a Hazardous Contaminant*. Note 12 - Section 442 of the Environmental Protection Act 1994 makes it an offence to cause or allow a contaminant to be placed in a position where it could reasonably be expected to cause serious or material environmental harm or environmental nuisance. Note 13 - Section 443 of the Environmental Protection Act 1994 makes it an offence to release a prescribed contaminant. A prescribed contaminant is a contaminant prescribed by an Environmental Protection Policy. Note 14 -To prevent or minimise any potential or actual release of a hazardous contaminant the following measures or similar measures can be used: - maintain an inventory of hazardous contaminants stored on the mining lease; - ensure that all hazardous contaminants are appropriately stored; - confine the use of mercury to amalgamating ore concentrates in a spill-proof circuit within an impermeable bund; - store mercury in sealed containers; - carry out any retorting of amalgam in a vapour proof retort.
- Condition 10
The holder of the environmental authority must ensure that spills of hazardous contaminants are cleaned up as quickly as practical. Do not clean up such spillage by hosing, sweeping or otherwise releasing such contaminants to any watercourse, waterway, groundwater, wetland or lake. Note 16 - If a mining lease becomes Significantly Disturbed* because it is contaminated, it ceases to be significantly disturbed if a Suitability Statement* is issued for the land. Refer to section 384 of the Environmental Protection Act 1994. Note 17 - A Site Management Plan* approved under part 413 of the Environmental Protection Act 1994, may be required by the administrating authority for sites recorded on the Environmental Management Register* or the Contaminated Land Register*. Such sites may include acid producing waste rock stockpiles or tailings dams containing acid producing wastes.
- Condition 11
The holder of the environmental authority must, where practical, separate acid producing waste rock from the benign waste. Acid producing waste rock may be temporarily stockpiled in the catchment of the tailings dam, in a mine excavation or in an impermeable bunded area with a restricted catchment. Code of environmental compliance Mining lease projects
- Condition 12
Where practical, the holder of the environmental authority must dispose of the acid producing waste rock in the tailings dam or mine excavation and backfill as soon as practical. Where not practical, bury acid producing waste rock in an excavation or pit and backfill as soon as practical. Backfill all mine excavations, other excavations and pits containing acid producing waste rock with benign, low permeability material and seal the mine excavation, other excavation or pit with a compacted capping layer at least 1m thick. Note 18 - For detailed information on the management of acid mine waste material refer to the "Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland", Part B, `Assessment and Management of Acid Drainage' and the `Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils (ASS) in Queensland'. Note 19 - The owner or occupier of a mining lease must notify the administering authority if they become aware that a Notifiable Activity* listed in schedule 3 of the Environmental Protection Act 1994, is being carried out on the land within 30 days, by giving notice to the administering authority in the approved form. For example, a mining operation that generates waste materials that contain hazardous contaminants must notify the administrating authority that this activity is being carried out. Refer to section 371 of the Environmental Protection Act 1994. Nature Conservation
- Condition 13
* The holder of the environmental authority must prevent the spread of Declared Plants by ensuring that all vehicles and ma*chinery are adequately cleaned before taking the vehicles and machinery out of a Declared Plant Area . Note 20 - Section 35(a) of the Mineral Resources Regulation 1990, requires that every precaution must be taken to ensure there is no dispersal of Parthenium weed or the seed of any other declared plant within the meaning of the Rural Lands Protection Act 1985, as a result of mining or as a result of access to the area of the mining lease. Note 21 - The Department of Natural Resources provide Pest Fact sheets for declared plants in Queensland as well as clean down procedures for motor vehicles and machinery. For advice on declared plant areas contact the Department of Mines and Energy, Department of Natural Resources or your Local Shire Council. Code of environmental compliance Mining lease projects
- Condition 14
The holder of the environmental authority must not carry out activities: 1. in, or within 2 km of, a category A environmentally sensitive area; or 2. in, or within 1 km of, a category B environmentally sensitive area. Prior to carrying out activities in a category C environmentally sensitive area, the holder of the environmental authority must consult with the relevant administering authority. If it is determined through consultation that additional conditions are necessary, the holder must comply with those conditions. Note 22 - For information on environmentally sensitive areas refer to Appendix A -Environmentally Sensitive Areas.
- Condition 15
The holder of the environmental authority must not carry out activities within 100m of an identified Historical*, Archaeological* or Ethnographic* site. Note 23 - With regard to cultural heritage issues, refer to the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 and the Queensland Heritage Act 1992. Prior to carrying out any activities on the mining lease, the holder of the environmental authority should consult with the administrating authority if a site has the potential to be designated as a historical, archaeological or ethnographic site. Other Level 2 Environmentally Relevant Activities
- Condition 16
The holder of the environmental authority must not carry out the following Level 2 Environmentally Relevant Activities* (ERA) on the mining lease: ERA (7) Chemical Storage - storage of chemicals (other than crude oil, natural gas and petroleum products) including ozone depleting substances, gases or dangerous goods un3 der the dangerous g3oods code in containers with a design storage volume of more than 10m but less than 1000m ; ERA (76) Incinerating Waste - operation of a waste incineration facility for incinerating: (a) vegetation; (b) clean paper or cardboard; ERA (77) Battery Recycling - operation of a facility for receiving and recycling or reprocessing any kind of battery; ERA (80) Tyre Recycling - operating a facility for receiving and commercially recycling or reprocessing tyres (other than retreading tyres). Code of environmental compliance Mining lease projects 3.2 ACTIVITY BASED CONDITIONS Roads & Tracks
- Condition 17
The holder of the environmental authority must consult with the Landowner* prior to establishing any new roads and tracks. Note 24 -When planning and constructing new roads and tracks refer to the Technical Guidelines. Note 25 - Repair all damage to existing private roads and tracks resulting from mining activities, so that they are as trafficable as they were prior to any damage.
- Condition 18
When constructing new roads and tracks, the holder of the environmental authority must ensure that the area and duration of disturbance to land, vegetation and watercourses is minimised. Note 26 - When planning and constructing new roads and tracks the following measures or similar measures can be used to minimise the area and duration of disturbance to land, vegetation and watercourses: - wherever possible use or upgrade existing roads and tracks; - construct roads and tracks along natural grades; - minimise the width of roads and tracks; - minimise the number of crossings in riverine areas; - construct crossings in riverine areas in a stable section of the bed; - avoid constructing roads or tracks that run straight down the bank to the crossing; - do not disadvantage other users of existing public roads & tracks; - construct a bed level causeway, a culvert or a bridge where natural bed conditions within a watercourse will not carry the intended traffic load or where crossing of the bed will generate a significant increase in turbidity; - minimise the number of cuts and fills in riverine areas; - position cuts and fills in riverine areas to minimise risk of erosion from subsequent flood events; - position crossings to prevent flow being directed towards the banks and provide erosion resistance to the bed and banks downstream of a crossing for a distance equal to the width of the normal flow channel; - do not create any downstream or upstream drops at the lip of culverts or causeways; - regularly clean out culverts, bridges and causeways to prevent flow being impeded or redirected; and - construct in-stream crossings outside of main fish migration periods. Campsites
- Condition 19
The holder of the environmental authority must consult with the landowner prior to establishing any Campsites*. Code of environmental compliance Mining lease projects
- Condition 20
When establishing and maintaining a campsite, the holder of the environmental authority must ensure that the area and duration of disturbance to land, vegetation and watercourses is minimised. Note 27- When establishing and maintaining a campsite the following measures or similar measures can be used to minimise the area and duration of disturbance to land, vegetation and watercourses: - locate campsites at least 100 m from any riverine areas; - only disturb an area necessary for the safe functioning of the campsite; - install an appropriate human waste disposal facility (e.g. portable self contained toilets, pit toilets, septic tanks); - use absorption trenches, transpiration beds or spray irrigation to dispose of grey water; and - locate all disposal areas at least 100 m distance from any watercourse, waterway, groundwater recharge area, wetland or lake. Note 28 - With regard to on site waste water management refer to the Environmental Protection (Water) Policy 1997. Waste Management
- Condition 21
The holder of the environmental authority must not directly or indirectly release waste from the project area to any watercourse, waterway, groundwater, wetland or lake. Note 29 - When managing waste materials the following strategy should be adopted: - avoid creating excess waste; - reuse waste materials; - recycle waste; - create and utilise energy from waste; - treat waste; and - dispose of waste (e.g. provide rubbish containers on site). Note 30 - Where practical take all General Waste* to a Licensed Waste Disposal Facility*. Code of environmental compliance Mining lease projects
- Condition 22
* The holder of an environmental authority must not dispose of more than 50 tonnes of General Waste per year on the mining lease. Note 31 - Up to 50 tonnes of general waste may be buried on the mining lease per year. When burying general waste the following measures or similar measures should be used: - locate the waste pit so as to ensure that the waste will not contaminate any watercourse, waterway, groundwater, wetland or lake; - divert stormwater runoff from entering the pit; - make the pit safe and protect it from scavengers; - crush drums and other containers to reduce the volume of waste; - backfill the pit when the level of rubbish in the pit is not less than 1m below the surface; and - sufficiently overfill the pit to allow for settlement. Note 32 -Limited Regulated Waste* may be disposed of to a licensed general waste disposal facility provided the annual volume of limited regulated waste does not exceed 10% of the annual volume of general waste (e.g. tyres). Dams
- Condition 23
The holder of the environmental authority must operate, maintain and decommission all dams in accordance with the criteria outlined in Appendix B. The holder of the environmental authority must build all dams, other than dams commenced before 1 January 2001, in accordance with the design and construction criteria outlined in Appendix B. Note 33 - Refer to Appendix B - Criteria for Dams. Note 34 -Referable Dams* require licensing by the Department of Natural Resources. Dams or weirs built on a watercourse require licensing by the Department of Natural Resources. Dams to be built in tidal waters require licensing by the Department of Primary Industries and the Environmental Protection Agency. Note 35 - Provide safe access to water for livestock and native animals by: - providing hard surfaces around water storage areas; and - fencing off any soft areas around the edge of water storage areas. Note 36 - Provide, install and maintain adequate warning devices to exclude people, livestocks and native animals from dams containing hazardous contaminants (e.g. gas guns, signs, fences and bunds). Code of environmental compliance Mining lease projects Mine and Process Plant Note 37 - Provide, install and maintain adequate warning devices to exclude people, livestock and native animals from the processing plant, open mine excavations or underground workings (e.g. signs, fences or bunds).
- Condition 24
The holder of the environmental authority must not directly or indirectly release waste water from the mine or process plant to any watercourse, waterway, groundwater, wetland or lake. This condition does not apply for alluvial miners operating mobile processing plants in flowing water. Alluvial miners operating mobile processing plants in flowing waters must discharge waste water into an in-stream settlement pond (refer to condition 39 for design requirements of in-stream settlement ponds). Note 38 - To prevent the direct or indirect release of waste water from the mine or process plant to any watercourse, waterway, groundwater, wetland or lake the following measures or similar measures can be used: - where practical recycle all waste water (e.g. use water from the mine or processing plant for drilling purposes, dust suppression along roads and tracks or in the process plant); - discharge mine water onto benign overburden or waste rock heaps or to an evaporation pond for absorption and evaporation. Note 39 - For more detailed information regarding site water management refer to the Environmental Protection (Water) Policy 1997. Service, Maintenance and Storage Areas
- Condition 25
The holder of the environmental authority must prevent the release fuels, oils, lubricants or other Contaminants* to any watercourse, waterway, groundwater, wetland or lake. Note 40 - To prevent the release of fuels, lubricants or other contaminants to any watercourse, waterway, groundwater, wetland or lake the following measures or similar measures can be used: - maintain all refuelling equipment in good working order; - use groundsheets or drip trays to capture spillage during maintenance of machinery and vehicles; - locate all fuel storages within an impermeable bund; - ensure all liquid containment, including fuel tank bunds and process water ponds, have a volume at least equal to the design volume plus an additional 10% of that volume; - where practical, undertake all refuelling and routine maintenance of vehicles within designated service areas.
- Condition 26
The holder of the environmental authority must ensure that all chemical, fuel and oil storage facilities less than 10 000L on a mining lease, must be designed and operated in accordance with Australian Standard 1940 - `The storage and handling of flammable and combustible liquids', Section 2, Minor Code of environmental compliance Mining lease projects Storage.
- Condition 27
The holder of the environmental authority must ensure that: 1) all chemical, fuel and oil storage facilities of more than 10 000 L on a mining lease, must be bunded to contain at least one hundred percent of the volume of the largest container, plus twenty-five percent of the storage capacity of the largest container up to a maximum of 10, 000 L, together with ten percent of the storage capacity beyond 10, 000 L; and 2) the facility must be operated and maintained in accordance with the Australian Standard 1940 - "The Storage and Handling of flammable and combustible liquids". Monitoring, Reporting and Emergency Response Procedures
- Condition 28
The holder of the environmental authority must record and notify the administering authority of any emergency or incident that demonstrates non-compliance to the standard environmental conditions. Note 41 - A notification of any emergency or incident, which demonstrates non-compliance to the standard environmental conditions can not be used in evidence in any further action taken by the administering authority as a result of the notification. Note 42 - To demonstrate ongoing compliance with the standard environmental conditions, complete Form 6, `Monitoring and Record Keeping Summary'. Establish programs to monitor project activities and maintain records for review by the administrating authority. Note 43 -To demonstrate compliance with the standard environmental conditions complete the `Emergency Response Table' in Appendix E. Provide and maintain appropriate emergency response equipment and inform all operational personnel, contractors and visitors of emergency response procedures. Note 44 - Observe the provisions and regulations under the Fire and Rescue Authority Act 1990 and the Mine Regulation Act 1985. Rehabilitation
- Condition 29
In Riverine Areas*, the holder of the environmental authority must complete the rehabilitation processes on areas disturbed by mining activities, apart from those areas currently being utilised for mining activities, as soon as practical and prior to the onset of the following wet season. Note 45 - Condition 29 is to ensure that there is adequate erosion protection in riverine areas prior to the onset of the wet season. In Queensland the wet season is generally considered to be from November to April each year. Code of environmental compliance Mining lease projects
- Condition 30
For all other areas, the holder of the environmental authority must complete the rehabilitation processes on areas disturbed by mining activities, apart from those areas currently being utilised for mining activities, as soon as practical and within six months of the completion of works in those areas. Note 46 - Where practical undertake progressive rehabilitation of disturbed areas.
- Condition 31
The holder of the environmental authority must backfill excavations less than 3m deep, with overburden and waste rock as soon as practical following the completion of mining activities.
- Condition 32
Where it is impractical to return overburden and waste rock to excavations deeper than 3m, the holder of the environmental authority must construct overburden and waste rock stockpiles in accordance with Condition 34.
- Condition 33
For excavations that are to remain at the completion of mining activities, by agreement with the land holder, and will be used as livestock water drinking supplies, the holder of the environmental authority must: 1) ensure that water quality in any remaining excavation complies with the acceptable water quality Guidelines for Livestock Drinking Water* as detailed in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality; and 2) provide safe access for livestock and native animals to the excavation. Note 47 - Prior to the surrender of a mining lease, all excavations that are to remain open after mining activities have ceased, need to be made safe (e.g. an open pit). Refer to the Mines Regulation Act 1985 and the `Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland', Part D, `Open Pit Rehabilitation'.
- Condition 34
The holder of the environmental authority must rehabilitate areas disturbed by mining activities to a stable landform, similar to that of the surrounding undisturbed areas. Note 48 - When rehabilitating disturbed areas refer to the `Technical Guidelines for the Environmental Management of Mining and Exploration in Queensland', Part D, `Geo-Technical Slope Stability'.
- Condition 35
The holder of the environmental authority must spread seeds or plant species that will promote vegetation of a * similar species and Density of Cover to that of the surrounding undisturbed areas or vegetation that is appropriate for providing erosion control and stabilisation of the disturbed areas. Code of environmental compliance Mining lease projects Note 49 - To revegetate disturbed areas the following measures or similar measures can be used: - for areas which have become compacted during the project, break up the soil surface to a depth that is suitable for establishing vegetation; - spread stockpiled topsoil over disturbed areas to a depth that is suitable as a rooting medium for the revegetation process; - provide suitable nutrient conditions for planting by using fertiliser if necessary; and - collect and store native seeds to be used in rehabilitation. Note 50 - When revegetating disturbed areas, the holder of the environmental authority should plant native species endemic to the area and location in the landscape (e.g. if clearing has occurred in a riverine area, revegetate the disturbed area using local riverine species). Note 51 - Vegetation used to stabilise disturbed areas in the short term should be comprised of sterile, short- lived species (e.g. a cover crop). However, the long term aim of revegetating any disturbed area is to establish a stable vegetation community that is similar to that of the surrounding undisturbed landscape. Note 52 - The holder of the environmental authority is not liable for rehabilitation of disturbed areas that existed prior to the grant of the tenure unless the holder undertakes activities within the previously disturbed areas during the term of the mining lease. Note 53 -Where continuity of tenure makes the holder of the environmental authority liable for disturbances from previous operations, no further work will be necessary if the rehabilitation of the disturbed areas is to the satisfaction of the administrating authority. Note 54 - The rehabilitation of some disturbed areas may not be required if the workings have a recognised historic value. Consult with the administrating authority regarding rehabilitation requirements for such sites.
- Condition 36
For any Mine Infrastructure* to remain after all mining activities have ceased, the holder of the environmental authority must obtain the written agreement of the land owner stating they will take over responsibility for that infrastructure.
- Condition 37
For underground mine workings, the holder of the environmental authority must determine the need and design of bat gates by consulting the administering authority. If bat gates are required, install the appropriate structures. Where a bat gate is not required by the administrating authority prevent access to underground workings. Note 55 - Prior to the surrender of a mining lease, all underground mine workings are to be made safe. Refer to the Mines Regulation Act 1985 and the `Technical Guidelines for Environmental Management of Exploration and Mining in Queensland', Part D, `Rehabilitation of Areas Containing Shafts, Boreholes or Adits". Code of environmental compliance Mining lease projects
- Condition 38
The holder of the environmental authority must complete the rehabilitation of areas disturbed by mining activities to the satisfaction of the administrating authority. Note 56 - Condition 38 is a requirement of the Environmental Protection Act 1994. The holder of the environmental authority must submit a Final Rehabilitation Report* (FRR) and an Environmental Audit Statement* (EAS), prior to the cancellation or expiry of the mining lease. The surrender of the environmental authority will not be granted until the administrating authority has approved the FRR and the EAS. 3.3 CONDITIONS FOR SPECIFIC MINING TYPES Hard Rock Mining Note 57 - If explosives are used during the mining operation, the holder of the environmental authority must comply with the relevant Regulations, Policies and Procedures (e.g. Environmental Protection (Noise) Policy 1997, Environmental Protection (Air) Policy 1997 and any Material Safety Data Sheet (MSDS) for storing and handling explosives). Alluvial Mining
- Condition 39
When mining in a Watercourse*, the holder of the environmental authority must construct and use in- stream settlement ponds where necessary and ensure that: - disturbances and/or erosion caused when constructing in-stream settlement ponds is minimised; and - the in-stream settlement pond does not prevent water flow in the normal flow channel. Note 58 - Prior to working in riverine areas refer to the `Technical Guidelines for Environmental Management of Exploration and Mining in Queensland', Part B, 'Exploration and Mining in Watercourses'. Note 59 - To minimise disturbance when constructing in-stream settlement ponds, the following measures or similar measures can be used: - do not divert the normal channel flow so as to cause erosion of the stream banks; - do not compact the bund walls of the settlement ponds; and - ensure the top of the bund wall is at least 300mm below the lower bank of the normal flow channel. Code of environmental compliance Mining lease projects
- Condition 40
When mining in a watercourse, the holder of the environmental authority must ensure that the disturbance to the bed, Banks* and natural levees of the Normal Flow Channel* and the Flood Flow Channel* is minimised. Note 60 - To minimise the disturbance to the bed, banks and natural levees of the normal flow and flood flow channel of a watercourse the following measures or similar measures can be used: - avoid clearing mature and/or woody vegetation; - where practical avoid excavating directly underneath the canopy of the trees; - avoid damaging the trunks of any remaining trees; - do not stockpile material at the base of remaining trees; and - provide erosion protection on exposed excavation faces to prevent flood damage to the root - system (e.g. rock armouring the disturbed excavation face).
- Condition 41
The holder of the environmental authority must not excavate or divert ponded water where there is evidence of biological activity. Note 61 - Condition 41 is to provide protection for remnant aquatic life forms, particularly at end of the dry season.
- Condition 42
When excavating the bed of a flowing watercourse, the holder of the environmental authority must construct a diversion channel within the bed of the watercourse to allow the stream flow to bypass the area being excavated. Note 62- Waterholes and in-stream storages used by the landowner should not be disturbed, unless with the agreement of the landowner. The miner will need a water licence from Department of Natural Resources to interfere with the normal flow of water. Code of environmental compliance Mining lease projects
- Condition 43
When mining in a watercourse within the natural levees of the normal flow channel or in areas of established woody vegetation, the holder of the environmental authority must leave an unmined section or buffer zone (e.g. a natural rock bar or an intact vegetation strip) between the mined sections and: - ensure that the length of each mined section is no more than 40 times the width of the flood flow channel or 500m, whichever is the shorter; - ensure that the length of each unmined section is at least 10 times the width of the flood flow channel, or 150m, whichever is the shorter; - unmined sections which separate mined sections must not be mined until two years after rehabilitation processes have been completed on the previously mined section or when regrowth and erosion stability is established, whichever is the shorter; - when commencing mining on a new section downstream of an unmined area, protect the cut face of the unmined area from erosion, by armouring or providing a smooth transition.
- Condition 44
* The holder of the environmental authority must not mine the Banks* on the Outer Bends of the flood flow channel of a watercourse, including the areas within: - -5 m from the toe of the bank or twice the height of the bank whichever is the shorter; - -3 m from the top of the bank; and - -the top, toe and banks of a length of the straight immediately downstream of the outer bend, three times the width of the flood flow channel, or 100m, whichever is the shorter. Note 63 - For representative diagrams that define the different land form elements that make up a water course refer to Figure 1 - `Cross Section Through a Watercourse' and Figure 2 - `Plan View of a Watercourse'.
- Condition 45
When mining in a watercourse and transporting excavated material to a fixed processing plant; the holder of the environmental authority must: - where practical, leave rocks larger than 400mm in diameter in the watercourse; and - return all excavated material to the watercourse from which it was mined, apart from material: (i) less than 100 mm in diameter; (ii) used in the construction of mine infrastructure (e.g. roads or dams); and (iii) used for erosion protection. Code of environmental compliance Mining lease projects Note 64- In addition to the rehabilitation conditions outlined in this Code, the administering authority will consider the following issues when determining the rehabilitation requirements for the Scrub Lead* of the Gem Miners' Common*: - levelling, sloping or gradient treatment of the mined surface and backfilling of excavations shall not be required unless specifically directed by the administrating authority; - mine spoil heaps and waste rock stockpiles shall be eased to at least the minimum gradient required for safety; - access roads and tracks used for mining activities may be left provided they are likely to remain safe for use by both fossickers and livestock.
- Condition 46
After the completion of mining activities in the normal flow channel of a watercourse, the holder of the environmental authority must reinstate the normal flow channel in a similar location and with similar channel characteristics to that of the previous undisturbed section. Adequate erosion protection must be provided to the reinstated bed and banks, in particular to the banks on the outer bends of the normal flow channel. Dimension Stone Mining
- Condition 47
The holder of the environmental authority must prevent or minimise the release of fines from the processing plant. Note 65 - If explosives are used during the mining operation the holder of the environmental authority must comply with the relevant Regulations, Policies and Procedures (e.g. Environmental Protection (Noise) Policy 1997, Environmental Protection (Air) Policy 1997 and any Material Safety Data Sheet (MSDS) for handling and storing explosives). Opal Mining
- Condition 48
The holder of the environmen* tal authority should leave reshaped areas disturbed by opal mining activities in an Uneven State , to facilitate natural revegetation through catching windblown seed and rainfall. Code of environmental compliance Mining lease projects Exploration Activities Mineral exploration on mining leases is authorised by the administrating authority under provisions of the Environmental Protection Act 1994. Exploration activities allows the holder of the environmental authority to take action to determine the existence, quality and quantity of minerals by: - prospecting; - using instruments, vehicles, vessels, machinery and equipment and techniques appropriate to determine the existence of any mineral; - sampling and testing of material to determine its mineral bearing capacity or properties of mineralisation; and - carrying out other operations the Minister approves. - geological, geophysical and geochemical programs and other work reasonably necessary to evaluate the potential for development of any mineral occurrence that has possible economic potential; - mining feasibility studies; - metallurgical testing; - environmental studies; - marketing studies; - engineering and design studies; and - other activities the Minister considers appropriate. Examples of exploration activities include drilling, excavating, sampling, establishing gridlines and conducting geophysical surveys. The holder of the environmental authority wishing to carry out exploration activities on the mining lease must apply to the administrating authority for additional conditions. The holder of the environmental authority will be required to comply with the relevant Standard Environmental Conditions as detailed in the Code of Compliance for Exploration and Mineral Development Projects. The request must be made on the Approved Form* and the applicant must supply enough information to allow the Administering Authority* to decide whether or not to impose the additional condition/s. The administering authority may set additional conditions on the environmental authority. The administering authority may only set additional conditions as long as the mining lease project remains a standard mining activity. In deciding whether to set an additional condition, the administering authority must comply with any relevant Environmental Protection Policy* and consider the Standard Criteria*. Code of environmental compliance Mining lease projects 4.0 DEFINITIONS Administrating authority -Means (a) for a matter, the administration and enforcement of which has been devolved to a local government under section 514 of the Environmental Protection Act 1994; or (b) for all other matters - the Chief Executive of the Environmental Protection Agency; or (c) another State Government Department, Authority, Storage Operator, Board or Trust, who's role is to administer provisions under other enacted legislation (e.g. Department of Natural Resources who licence referable dams under the Water Act 2000). Alluvial mining - means excavating, in any way, unconsolidated or waterborne or weathered materials (whether or not it is in a watercourse) and processing it by chemical methods or gravity separation to extract minerals from the material. Annual exceedence probability (AEP) - For a given rainfall event the AEP is the probability that the event will be exceeded within a one year period. The AEP is usually expressed as a one in `n' (years) or a percentage. Approved form - Means a form approved by the administrating authority. Archaeological site - A site that has physical evidence of the past, which has the potential to increase our knowledge of earlier human occupation, activities and events. Banks -The feature which confines major flows within a watercourse. They are steeper than a terrace and are generally of a slope greater than 1:1 on outer bends. Refer to Figure 1 - Cross Section through a Watercourse. Bend of a watercourse - For the purposes of this Code, a bend is considered to be any change in the direction of the flood flow (ie. within the flood flow channel) in a watercourse that is greater than 30 degrees. Bund -(a) An earth mound or similar structure (e.g. a concrete block wall), whether impervious or not, constructed to contain spilled material (e.g. petrol, diesel, oil etc) or (b) a structure to prevent or reduce soil erosion. Campsite - The area encompassing any dwelling, amenities (e.g. toilet block, power generator), sewage or general waste disposal facility and includes the office area and vehicle parking areas associated with a temporary or permanent mining camp. Clay pit mining -Means excavating waterborne or weathered material (whether or not it is in a watercourse) and processing it by a non-crushing method. Contaminant -The Environmental Protection Act 1994 defines, under Section 11, a contaminant as: (a) a gas, liquid or solid; or (b) an odour; or (c) an organism (whether alive or dead), including a virus; or (d) energy, including noise, heat, radioactivity and electromagnetic radiation; or (e) a combination of contaminants. Contamination - Section 10 of the Environmental Protection Act 1994 defines contamination of the environment as the release (whether by act or omission) of a contaminant into the environment. Contaminated land - Schedule 3 of the Environmental Protection Act 19