Data as at 14 September 2026 · from the Queensland EP Act public register
EPSL00748613 · PICCADILLY GOLD MINE HOLDINGS LIMITED
Minerals environmental authority EPSL00748613 (PICCADILLY GOLD MINE HOLDINGS LIMITED), Granted. 71 conditions indexed. No PRC plan.
- Status
- Granted
- Holders
- PICCADILLY GOLD MINE HOLDINGS LIMITED
- Tenures
- ML1442
- PRC plan
- None
- How it was read
- Numbered conditions
- Register
- Register record · Instrument PDF
Conditions
71 numbered conditions read from the current instrument. Page numbers link into the register PDF.
- Condition 1
The holder of a new Environmental Authority* must submit the required amount of Financial Assurance* to the administering authority prior to carrying out any activities on the mining tenement. If the activities being carried out by the holder of the environmental authority are altered so as to cause a change in the category of total area of disturbance shown in Form 3, Schedule of Rehabilitation Costs, the holder of the environmental authority must 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 1 - Financial assurance must be calculated in accordance with Form 3, Schedule of Rehabilitation Costs. Note 2 - 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 form acceptable to the administering authority. When necessary, the holder of the environmental authority must submit an application to amend their financial assurance under section 366 of the Environmental Protection Act 1994. The holder of the environmental authority must lodge a single financial assurance with the District Mining Registrar, 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). Land Disturbance
- Condition 2
The holder of the environmental authority must ensure that the area and duration of disturbance to land and vegetation is minimised. Not more than 1000m2 can be disturbed at any one location, excluding campsites. Note 3 - 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 surrounding vegetation; - where practical leave the rootstock intact to promote regeneration and regrowth. Note 4 - Before carrying out activities on the tenement refer to the Technical Guideline `Good Relations with Landowners' and the Department of Mines and Energy Code of Conduct, `Procedure for Sound Landholder/Explorer Relations'. 8 Superseded - Valid for approvals from Air Quality January 2001 to 30 March 2013
- Condition 3
The holder of the environmental authority must not cause an Unreasonable Release* of dust. Note 5 - To prevent causing an unreasonable release of dust the following measures or similar measures can be used: - 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 practicable; - leaving or creating wind breaks or screening; and - installing pollution control equipment (e.g. fitting bag filters or a cyclone to dust generating equipment). Noise Emissions
- Condition 4
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; and - repair or replace defective mufflers of vehicles and plant with suitable effective mufflers; limit the hours of operation of the project to between the hours of 7am to 6pm Monday to Saturday. Note 7 - If aircraft are being used for mining activities operate them so as to minimise disturbance to livestock (eg. helicopters). Erosion And Sediment Control
- Condition 5
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 disturbed areas. 9 Superseded - Valid for approvals from Condition 6 January 2001 to 30 March 2013 The holder of the environmental authority must design, install and maintain adequate erosion and sediment controls wherever necessary to prevent erosion of disturbed areas and sedimentation of any Watercourse*, Waterway*, Wetland* or Lake*. Note 8 - When designing and constructing sediment ponds refer to the "Engineering Guidelines for Queensland Construction Sites" Soil Erosion and Sediment Control. 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 7
The holder of the environmental authority must ensure that Topsoil* is removed and stockpiled prior to carrying out any 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 before stripping topsoil; - store topsoil and overburden in separate stockpiles; - install silt fences or bunding around the stockpiles; - where practical reuse topsoil stockpiles within 12 months; - establish and maintain a temporary cover crop on stockpiles; and - limit the height of topsoil stockpiles to 2 metres. Hazardous Contaminants
- Condition 8
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 release a prescribed contaminant. A prescribed contaminant is a contaminant prescribed by an Environmental Protection Policy. Note 13 - Section 443 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. 10 Superseded - Valid for approvals from Condition 9 January 2001 to 30 March 2013 The holder of the environmental authority must ensure that spills of hazardous contaminants are cleaned up as quickly as practicable. Such spillage must not be cleaned up by hosing, sweeping or otherwise releasing such contaminants to any watercourse, waterway, groundwater, wetland or lake. Note 14 - If a mining tenement becomes Significantly Disturbed Land* because it is contaminated land, it ceases to be significantly disturbed land if a Suitability Statement* is issued for the land. Refer to section 384 of the Environmental Protection Act 1994. Note 15 - 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 Contaminated Land Register*. Such sites may include acid producing overburden stockpiles and tailings dams containing acid producing wastes.
- Condition 10
The holder of the environmental authority must, where practical, separate acid producing waste rock from benign waste rock.
- Condition 11
The holder of the environmental authority must dispose of acid producing waste rock in an excavation or pit and backfill as soon as practical. Backfill the excavation or pit containing acid producing waste rock with benign, low permeability material and seal the excavation or pit with a compacted capping layer at least 1m thick. Note 16 - The owner or occupier of a mining tenement 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, an exploration or mineral development project 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. Note 17 - 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'. 11 Superseded - Valid for approvals from Nature Conservation January 2001 to 30 March 2013
- Condition 12
The holder of the environmental authority must prevent the spread of Declared Plants* by ensuring that all vehicles and machinery are adequately cleaned before taking the vehicles and machinery out of a Declared Plant Area*. Note 18 - Sections 23 (b) and 29 (b) of the Mineral Resources Regulation 1990 requires that - every precaution 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 activities or as a result of access to the area of the mining tenement. Note 19 - The Department of Natural Resources provide Pest Facts sheets for declared plants in Queensland and clean down procedures for vehicles and machinery working in declared plant areas. For advice on declared plant areas contact the Department of Mines and Energy, the Department of Natural Resources or your Local Shire Council.
- Condition 13
The holder of the environmental authority must not carry out activities in a category A or B Environmentally Sensitive Area. Activities involving machinery must not be carried out within 1km of a category A environmentally sensitive area or within 500m of category B environmentally sensitive area. Prior to carrying out activities in a category C environmentally sensitive area, consult with the relevant administering authority and the Environmental Protection Agency. If it is determined through the consultation that additional conditions are necessary, the holder must comply with those conditions. Note 20 - Refer to Appendix A - Environmentally sensitive Areas.
- Condition 14
The holder of the environmental authority must not carry out activities within 100m of a Historical, Archaeological or Ethnographic site. Note 21 - 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 tenement, 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. 12 Superseded - Valid for approvals from Other Level 2 Environmentally Relevant Activities January 2001 to 30 March 2013Condition 15 The holder of the environmental authority must not carry out the following Level 2 Environmentally Relevant Activities (ERA) on the mining tenement: - ERA (7) Chemical Storage - storage of chemicals (other than crude oil, natural gas and petroleum products) including ozone depleting substances, gases or dangerous goods under the dangerous goods code in containers with a design storage volume of more than 10m3 but less than 1000m3; - 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; and - ERA (80) Tyre Recycling - operation of a facility for receiving and commercially recycling or reprocessing tyres (other than retreading tyres). 3.2 ACTIVITY BASED CONDITIONS Roads And Tracks
- Condition 16
The holder of the environmental authority must consult with the Landowner* prior to establishing any new roads and tracks. Note 22 - Refer to the Technical Guidelines when planning and constructing all new roads and tracks. Note 23 - 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. 13 Superseded - Valid for approvals from Condition 17 January 2001 to 30 March 2013When 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 24 - 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 of 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 18
The holder of the environmental authority must consult with the landowner prior to establishing any Campsites. 14 Superseded - Valid for approvals from Condition 19 January 2001 to 30 March 2013When establishing 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 25 - When establishing and maintaining campsites 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 100m from any riverine areas; - only disturb the minimum 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 100m distance from any watercourse, waterway, groundwater recharge area, wetland or lake. Note 26 - With regard to the on site management of water refer to the Environmental Protection (Water) Policy 1997. Waste Management
- Condition 20
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 27 - 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 28 - Where practicable take all General Waste* to a Licensed General Waste Disposal Facility*. 15 Superseded - Valid for approvals from Condition 21 January 2001 to 30 March 2013 The holder of the environmental authority must not dispose of more than 50 tonnes of General Waste* on the mining tenement per year. Note 29 - The holder of the environmental authority may bury up to 50 tonnes of general waste on the mining tenement 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; - crush drums and other containers to reduce the volume of waste; - make the pit safe and protect it from scavengers; - 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 30 - The holder of the environmental authority may dispose of limited regulated waste 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). Service, Maintenance and Storage Areas
- Condition 22
The holder of the environmental authority must not directly or indirectly release fuels, oils, lubricants or other contaminants to any watercourse, waterway, groundwater, wetland or lake. Note 31 - To prevent the direct or indirect 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; and - where practical, undertake all refuelling and routine maintenance of vehicles within designated service areas.
- Condition 23
The holder of the environmental authority must ensure that all chemical, fuel and oil storage facilities less than 10 000L on a mining tenement, must be designed and operated in accordance with Australian Standard 1940 - `The storage and handling of flammable and combustible liquids', Section 2, Minor Storage. 16 Superseded - Valid for approvals from Condition 24 January 2001 to 30 March 2013 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 tenement, 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". Drilling, Excavating and Sampling
- Condition 25
The holder of the environmental authority must ensure: - all marker pegs are marked with contrasting colour so as to be clearly visible; - all marker pegs are removed from the tenement at the completion of exploration activities; - all permanent markers (example, concrete plugs or steel plates) are installed at ground level and made safe.
- Condition 26
When drilling, excavating or sampling, the holder of the environmental authority must ensure that the area and duration of disturbance to land and vegetation is minimised. Note 32 - When drilling, excavating or sampling the following measures or similar measures can be used to minimise the area and duration of disturbance to land and vegetation: - consider seasonal influences, such as rainfall before excavating or establishing a drill site; - construct drill pads no larger than necessary to safely accommodate the drilling rigs and ancillary equipment; - use excavators or backhoes wherever possible in preference to bulldozers; and - use drilling fluids and other process fluids which are non-toxic. Note 33 - Prior to working in riverine areas refer to the "Technical Guidelines for the Environmental Management of Mining and Exploration in Queensland", Part B, "Exploration and Mining in Watercourses". Note 34 - Install and maintain adequate warning signs, fences and rock bunds to exclude people, livestock and native animals from excavations and shafts. 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. 17 Superseded - Valid for approvals from Condition 27 January 2001 to 30 March 2013 The holder of the environmental authority must not drill, excavate or clear vegetation: - in standing waters, wetlands or lakes; or - on the sloped banks or within 3m of the top of the bank or 5m of the toe of the bank; or - within, or on the levee banks of the normal flow channel. Note 36 - For representative diagrams that define the different landform elements that make up a watercourse refer to Figure 1 - Cross Section Through a Watercourse and Figure 2 - Plan View of a Watercourse.
- Condition 28
The holder of the environmental authority must not directly or indirectly release wastewater to any watercourse, waterway, groundwater, wetland or lake. Note 37 - To prevent the direct or indirect release of waste water to any watercourse, waterway or groundwater, wetland or lake the following measures or similar measures can be used: - where practical recycle all waste water (e.g. recycle waste water for drilling water); - use waste water for dust suppression; - discharge waste water onto benign overburden or waste rock heaps for absorption; and - discharge wastewater to an evaporation pond. Note 38 - With regard to the on site management of water refer to the Environmental Protection (Water) Policy 1997. Exploration drill holes
- Condition 29
The holder of the environmental authority must decommission all non-artesian drill holes, apart from those still required for monitoring purposes as soon as practical, but no later than 6 months after the hole was drilled by undertaking the following actions: - where practical dispose of all unused drill chips to the hole or to a sump pit and; - cap the hole at a depth that is appropriate for the previous land use of the area (unless the land owner stipulates a future use which requires the cap to be placed deeper); and - backfill the hole above the cap with soil or material similar to the surrounding soil or material. Note 39 - The following depths are considered as appropriate for capping: - surface level in rock outcrops; and - at least 1 metre below the surface on land used for cropping; and - at least 300 mm below the surface on other land. 18 Superseded - Valid for approvals from Condition 30 January 2001 to 30 March 2013 The holder of the environmental authority must isolate non-artesian aquifers where a drill hole intersects more than one water bearing strata by casing or plugging the hole as soon as practical after the hole is no longer required, but no later than 2 months after the hole was drilled, apart from those holes that are still required for monitoring purposes if: - the flow difference between aquifers exceeds 500 L/hour; and - the difference in electrical conductivity of water is greater than 10% of the lower value.
- Condition 31
Conditions 29 and 30 do not apply to a non-artesian exploration drill hole if: - the land owner and the explorer have agreed that it should be left for conversion to a water bore; and - the landowner gives a written undertaking to accept responsibility for the hole; and - the details of the agreement and the drill hole (such as its GPS location and the drill logs showing the water bearing strata and flow rates) are provided to the Department of Natural Resources within 30 days of the land owner giving the undertaking; and - the hole is temporarily capped so as to prevent possible ingress of surface waters and associated sediments and pollutants. Note 40 - Drill holes that are to be converted to a water bore must be done so by a licensed water bore driller.
- Condition 32
The holder of the environmental authority must ensure that exploration drill holes that strike artesian flows of water that exceeds 500 L/hour for seven days must be either: (1) decommissioned as soon as practical, but no later than 1 month after the hole was drilled, apart from holes that are still required for monitoring or evaluation purposes. Refer to Report No. SW4 - "Minimum Construction Requirements for Water Bores in Australia", (ARMCANZ 1997); or (2) capped to allow for future conversion into a controlled artesian bore by a licensed water bore driller; or (3) converted into a controlled artesian bore by a licensed water bore driller, provided that: (a) the land owner has undertaken in writing to accept responsibility for the drill hole; and (b) the explorer provides details of the agreement and the drill hole to the Department of Natural Resources within 30 days of obtaining the landowner's agreement. Note 41 - Provisions apply under the Water Act 2000 with respect to the utilisation of ground water from boreholes in Proclaimed Areas (which include all Artesian Basin areas) and the rehabilitation of boreholes. 19 Superseded - Valid for approvals from Condition 33 January 2001 to 30 March 2013The holder of the environmental authority must ensure that exploration drill holes that are to be retained for future mineral resource evaluation purposes are cased and capped. Holes to be retained for more than three years must be capped with steel casing and appropriately identified. Gridlines and Geophysical Surveys
- Condition 34
The holder of the environmental authority must plan and determine the final position of gridlines and geophysical lines in consultation with the landowner.
- Condition 35
When constructing gridlines and geophysical lines, the holder of the environmental authority must ensure that the area and duration of disturbance to land and vegetation is minimised. Note 42 - When constructing gridlines and geophysical lines the following measures or similar measures can be used to ensure that the area and duration of disturbance to land and vegetation is minimised: - conduct surveying of gridlines on foot; - use existing gates, tracks, roads and seismic lines; - before deciding on the location of new seismic lines, record the location of all underground or surface pipelines, cables, power lines, etc. and avoid these areas; - in planning for drilling and sampling activities, where possible, ensure the activities occur at least 100m from riverine areas; - construct seismic lines that do not exceed the width necessary to safely undertake the survey; - use Global Positioning Systems (GPS), or other techniques, to reduce the need for line of sight clearing; - maintain buffer widths of at least 25m between all disturbed areas; - minimise the use of bulldozers and excavators when cutting gridlines and/or seismic lines; and - notify landowners at least 24 hours prior to detonating seismic explosives. 20 Superseded - Valid for approvals from Monitoring, Reporting and Emergency Response Procedures January 2001 to 30 March 2013
- Condition 36
The holder of the environmental authority must record and notify the administering authority of any emergency or incident which demonstrates non-compliance with the Standard Environmental Conditions. Note 43 - 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 administrating authority as a result of the notification. Note 44 - To demonstrate ongoing compliance with the standard environmental conditions, the holder complete Form 1, `Monitoring and Record Keeping Summary' and establish programs to monitor project activities and maintain monitoring records for review by the administrating authority. Note 45 - To demonstrate compliance complete Form 2, `Emergency Response Table'. Provide and maintain appropriate emergency response equipment and inform all operational personnel, contractors and visitors of emergency procedures. Note 46 - Observe the provisions and regulations under the Fire and Rescue Authority Act 1990 and the Mines Regulation Act 1985. Rehabilitation
- Condition 37
In Riverine Areas*, the holder of the environmental authority must complete the Rehabilitation Processes* on all 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 wet season. Note 47 - Condition 37 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.
- Condition 38
For all other areas on the mining tenement, the holder of the environmental authority must complete the rehabilitation processes on all areas disturbed by mining activities, apart from those areas currently being utilised for mining activities, as soon as practical and at least within six months of the completion of works in those areas. Note 48 - Where practical undertake progressive rehabilitation wherever possible. 21 Superseded - Valid for approvals from Condition 39 January 2001 to 30 March 2013 The holder of the environmental authority must backfill all excavations, drill holes or sampling sites as soon as practical following the completion of exploration activities.
- Condition 40
Condition 39 does not apply to any excavations, drill holes or sampling sites that are to remain after the completion of exploration activities, by agreement with the land owner.
- Condition 41
The holder of the environmental authority must rehabilitate areas disturbed by mining activities to a stable landform similar to that of surrounding undisturbed areas. Note 49 - 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 42
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. Note 50 - 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; and - spread stockpiled topsoil over disturbed areas to a depth that is suitable as a rooting medium for the revegetation process; and - provide suitable nutrient conditions for planting by using fertiliser if necessary; and - collect and store native seeds to be used in rehabilitation. Note 51 - 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 52 - Vegetation used to provide erosion protection and 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 areas or endemic species. Note 53 - The environmental authority holder is not liable for rehabilitating disturbed areas that existed prior to the grant of the tenure unless those areas are disturbed during the term of the tenure. 22 Superseded - Valid for approvals from Condition 43 January 2001 to 30 March 2013For 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 44
The holder of the environmental authority must complete rehabilitation of disturbed areas to the satisfaction of the administrating authority. Note 54 - Condition 44 is a requirement of the Environmental Protection Act 1994. The environmental authority holder must submit a Final Rehabilitation Report (FRR) and an Environmental Audit Statement (EAS) prior to the cancellation or expiry of the mining tenement. The surrender of the environmental authority will not be granted until the administrating authority has accepted the FRR and the EAS. 23 Superseded - Valid for approvals from 4.0 DEFINITIONS January 2001 to 30 March 2013 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). 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. Artesian drill hole - An exploration drill hole from which water freely flows at a rate of greater than 500 L/hour for at least 7 days after being drilled. 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. 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. Contaminant - The Environmental Protection Act 1994 defines, under Section11, 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. 24 Superseded - Valid for approvals from Contaminated land - Schedule 3 of the Environmental Protection Act 1994 defines January 2001 to 30 March 2013contaminated land as land contaminated by a hazardous contaminant. (See below for a definition of hazardous contaminant.) Contaminated land register - Means the register kept by the administrating authority under section 541 of the Environmental Protection Act 1994. Contour banks - Are mounds of earth constructed along the contours of the land to reduce the amount and velocity of run-off down the slope. Costeaning - The digging of a trench or pit across the seam or ore body for exposing, sampling and mapping of the ore body. Culvert - A covered channel, or a pipe of large diameter conveying water below ground level. Also applies to a tunnel through which water is pumped or permitted to flow. Declared plant area - Areas designated by the Department of Natural Resources or Local Government as areas infested with plants declared under section 69 of the Rural Lands Protection Act 1985 (section 70 (3) lists the categories of declared plants). Declared plant - A plant that has been declared under the Rural Lands Protection Act 1985. Density of cover - In reference to trees and/or shrubs, it means the number of trees or shrubs in a specified area (e.g. 50 trees per square kilometre). With reference to understorey plant species (e.g. grasses and forbs), it means the percentage of surface area covered by a particular species. Designated service area - Is a nominated site, selected and managed to minimise contamination of land or water, where the majority of services or maintenance of machinery or plant is to be conducted. Disturbed - Any area that has had its natural state altered by the action or interference of carrying out an activity associated with the exploration project. Environment - Section 8 of the Environmental Protection Act 1994 defines the environment as: (a) ecosystems and their constituent parts, including people and communities; and (b) all natural and physical resources; and (c) the qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony and sense of community; and (d) the social, economic, aesthetic and cultural conditions that affect, or are affected by, things mentioned in paragraphs (a) to (c). Environmental audit statement - Verifies the accuracy of the final rehabilitation report and identifies any residual financial assurance requirements. Environmental authority - Means a licence or approval issued by the administrating authority under the Environmental Protection Act 1994. Environmental management register - Means the register kept by the administrating authority under section 541 of the Environmental Protection Act 1994. 25 Superseded - Valid for approvals from Environmental nuisance - Section 15 of the Environmental Protection Act 1994 defines January 2001 to 30 March 2013environmental nuisance as "unreasonable interference or likely interference with an environmental value" caused by: (a) noise, dust, odour, light; or (b) an unhealthy, offensive or unsightly condition because of contamination; or (c) another way prescribed by regulation. (e.g. unreasonable noise or dust emissions)" Environmental protection policy - Means an environmental protection policy approved under chapter 2 of the Environmental Protection Act 1994. Environmental relevant activity - Means an activity prescribed by regulation as an environmental relevant activity. Environmentally sensitive areas - Refers to locations, however large or small, that have environmental values that contribute to maintaining biological diversity and integrity, have intrinsic or attributed scientific, historical or cultural heritage value, or are important in providing amenity, harmony or sense of community. Refer to Appendix A. Environmental value - Section 9 of the Environmental Protection Act 1994 defines an environmental value as: (a) a quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or (b) another quality of the environment identified and declared to be an environmental value under an Environmental Protection Policy or Regulation (e.g. water suitable for swimming in or drinking) Ethnographic site - An archaeological site of particular importance to the study of a cultural group. Final rehabilitation report - Means a final rehabilitation report prepared under chapter 5, part 10, division 2, subdivision 2 of the Environmental Protection Act 1994. The report assesses the extent to which the standard environmental conditions and any additional conditions of the environmental authority have been met. Financial assurance - Means a security deposit, either cash or a bank guarantee, that is held by the administrating authority to cover the potential: (a) costs to rehabilitate areas disturbed by mining activities; and (b) costs to restore property improvements disturbed by mining activities; and (c) failure of the tenure holder to pay rents and royalties. Flood flow channel - For a representative drawing of a flood flow channel refer to Figure 1- `Cross Section Through a Watercourse' and Figure 2 - `Plan View of a Watercourse'. General waste - Schedule 9 of the Environmental Protection Regulation 1998 defines general waste as "means waste other than regulated waste". Waste rock, overburden and the contents of tailings dams are not included in the definition of general waste for the purposes of these conditions. 26 Superseded - Valid for approvals from Guidelines for livestock drinking water - Recommended water quality guidelines for livestock January 2001 to 30 March 2013drinking water. Refer to the Australian and New Zealand Guidelines for Fresh and Marine Water Quality 1992. Hazardous contaminant - Schedule 3 of the Environmental Protection Act 1994 defines a hazardous contaminant as "a contaminant that, if improperly treated, stored, disposed of or otherwise managed, is likely to cause serious or material environmental harm because of: (a) its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, explosiveness, radioactivity, flammability; or (b) its physical, chemical or infectious characteristics (e.g.: spills of mercury, cyanide, petrol, diesel or oil)". Historical site - A site containing objects from the past that allows the study of the way people lived and worked at that place in the past. Infrastructure - Project infrastructure includes roads, tracks, bridges, culverts, dams, bores, buildings, fixed machinery, hardstand areas, pipelines, powerlines, airstrips, helipads etc, which are constructed or installed specifically for the project. Lake - A natural or artificial body of water, either permanent or intermittent. Landowner - Schedule 3 of the Environmental Protection Act 1994 defines the owner of the land as - 1. The "owner" of land is-- (a) for freehold land--the person recorded in the freehold land register as the person entitled to the fee simple interest in the land; or (b) for land held under a lease, licence or permit under an Act--the person who holds the lease, licence or permit; or (c) for trust land under the Land Act 1994--the trustees of the land; or (d) for Aboriginal land under the Aboriginal Land Act 1991--the persons to whom the land has been transferred or granted; or (e) for Torres Strait Islander land under the Torres Strait Islander Land Act 1991--the persons to whom the land has been transferred or granted; or (f) for land for which there is a native title holder under the Commonwealth Native Title Act-- each registered native title party in relation to the land. 2. Also, a mortgagee of land is the owner of the land if-- (a) the mortgagee is acting as a mortgagee in possession of the land and has the exclusive management and control of the land; or (b) the mortgagee, or a person appointed by the mortgagee, is in possession of the land and has the exclusive management and control of the land. Licensed general waste disposal facility - A site authorised by the administrating authority to receive general waste or limited regulated waste (e.g. a rubbish dump). Limited regulated waste - Schedule 9 of the Environmental Protection Regulation 1998, defines limited regulated waste. The only limited regulated wastes relevant to mining projects are asbestos and tyres. 27 Material environmental harm - Section 16 of the Environmental Protection Act 1994 defines material environmental harm as: (1) material environmental harm is environmental harm (other than environmental nuisance)- (a) that is not trivial or negligible in nature, extent or context; or (b) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount but less than the maximum amount; or (c) that results in costs of more than the threshold amount but less than the maximum amount being incurred in taking appropriate action to - Superseded - Valid for approvals from January 2001 to 30 March 2013i. prevent or minimise the harm; and ii. rehabilitate or restore the environment to its condition before the harm. In this section - "maximum amount" means the threshold amount for serious environmental harm. "threshold amount" means $5 000 or, if a greater amount is prescribed by regulation, the greater amount. Mine - Section 6A of the Mineral Resources Act 1989, defines mining as - (1) "Mine" means to carry on an operation with a view to, or for the purpose of - (a) winning mineral from a place where it occurs; or (b) extracting mineral from its natural state; or (c) disposing of mineral in connection with, or waste substances resulting from, the winning or extraction. (2) For subsection (2), extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral. (3) Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electro winning, solvent extraction electro winning (SX-EW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing. (4) However, extracting does not include - (a) a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or (b) testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated on a mining lease; or (c) an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs. (5) For subsection (1)(c), includes the disposal of tailings and waste rock. (6)A regulation under subsection (4)(c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances. Native vegetation - Vegetation that occurs naturally in a certain area. 28 Superseded - Valid for approvals from Noise sensitive place - Means any of the following places - January 2001 to 30 March 2013 (a) a dwelling; (b) a library, childcare centre, kindergarten, school, college, university or other educational institution; (c) a hospital, surgery or other medical institution; (d) a protected area or an area identified under a conservation plan as a critical habitat or an area of major interest, under the Nature Conservation Act 1992; (e) a marine park under the Marine Parks Act 1982; and (f) a park or garden that is open to the public (whether or not on payment of money) for use other than for sport or organised entertainment). Normal flow channel - For a representative drawing of a normal flood flow channel of a water course refer to Figure 1- `Cross Section Through a Watercourse' and Figure 2 - `Plan View of a Watercourse'. Notifiable activity - Means an activity in schedule 2 of the Environmental Protection Act 1994. Outer bends - For a representative drawing of an outer bend of a watercourse refer to Figure 1- "Cross Section Through a Watercourse" and Figure 2 - "Plan View of a Watercourse". Overburden - Material overlying a mineral ore deposit, up to but not including the topsoil. Referable dam - The Water Resources Act 1989 defines referable dams as - (a) works or proposed works that include or would include a barrier whether permanent or temporary that does or could or would impound, divert or control water, which barrier- (i) is more than 8 m in height and has a storage capacity of more than 500 ML; or (ii) is more than 8 m in height and has a storage capacity of more than 250 ML and a catchment area that is more than 3 times its maximum surface area or full supply level; (b) works - (i) that consist of or include or would consist of or include a barrier whether permanent or temporary that does or could or would impound, divert or control water or hazardous waste, other than a barrier defined in paragraph (a); (ii) other than a barrier whether permanent or temporary that does or could or would impound, contain, divert or control hazardous waste; declared by the chief executive by notification published in the gazette to be a referable dam by reason of the danger to life or property that could or would eventuate upon the collapse or failure of or the escape of hazardous waste from those works and includes the storage areas created by the works but does not include a tank constructed of steel or concrete or a combination of those materials. The term does not include a weir, other than a weir that has a variable flow control structure on the crest of the weir. 29 Regulated waste - Schedule 9 of the Environmental Protection Regulation 1998 defines regulated waste as non-domestic waste mentioned in schedule 7 (whether or not it has been treated or immobilised), and includes - (a) for an element - any chemical compound containing the element; and (b) anything that has contained the waste. Superseded - Valid for approvals from(e.g. Regulated waste commonly generated from mining projects include tyres, oils, cyanide, January 2001 to 30 March 2013mercury and batteries) Rehabilitation processes - The measures and actions taken to achieve rehabilitation outcomes, including any or all of the following: - removing all unwanted infrastructure; - backfilling mine excavations (e.g. pits) and capping drill holes; - reshaping the land surface to a stable landform similar to that of surrounding undisturbed areas; - spreading of topsoil; - spreading seed or planting seedlings to promote revegetation; - benching ridge cuts and removing any overhanging material. Riverine area - Refers to the land adjoining and associated with watercourses, including the bed, banks, adjoining terraced land and riparian vegetation. Refer to Figure 1 - "Cross Section Through a Watercourse". Sediment pond - A bunded or excavated structure used to contain and settle waterborne sediment running off disturbed areas. Sediment trap - A device used to filter waterborne sediment running off disturbed areas. May include silt fences, hay bales or grassed strips. Serious environmental harm - Section 17 of the Environmental Protection Act 1994 defines serious environmental harm as - (1) environmental harm (other than environmental nuisance) (a) that causes actual or potential harm to environmental values that is irreversible, of a high impact or widespread; or (b) that causes actual or potential harm to environmental values of an area of high conservation value or special significance; or (c) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or (d) that results in costs of more than the threshold amount being incurred in taking appropriate action to- (i) prevent or minimise the harm; and (ii) rehabilitate or restore the environment to its condition before the harm. In this section - "Threshold amount" means $50 000 or, if a greater amount is prescribed by regulation, the greater amount. 30 Superseded - Valid for approvals from Significantly disturbed land - Land is significantly disturbed if - January 2001 to 30 March 2013 (a) it is contaminated land; or (b) it has been disturbed and human intervention is needed to rehabilitate it. Significantly disturbed land includes: - areas where soil has been compacted, removed, covered, exposed or stockpiled; - areas where vegetation has been removed or destroyed to an extent where the land has been made susceptible to erosion; (vegetation & topsoil) - areas where land use suitability or capability has been diminished; - areas within a watercourse, waterway, wetland or lake where mining project activities occur; - areas submerged by tailings or hazardous contaminant storage and dam walls in all cases; - areas under temporary infrastructure. Temporary infrastructure includes any infrastructure (roads, tracks, bridges, culverts, dams, bores, buildings, fixed machinery, hardstand areas, airstrips, helipads etc) which is to be removed after mining has ceased; or - areas where land has been contaminated. However, the following areas are not included: - areas off lease (e.g. roads or tracks which provide access to the mining lease); - areas previously significantly disturbed which have achieved the rehabilitation outcomes; - by agreement with the EPA, areas previously significantly disturbed which have not achieved the rehabilitation objectives due to circumstances beyond the control of the mine operator (such as climatic conditions); - areas under permanent infrastructure. Permanent infrastructure includes any infrastructure (roads, tracks, bridges, culverts, dams, bores, buildings, fixed machinery, hardstand areas, airstrips, helipads etc) which is to be left by agreement with the landowner. The agreement to leave permanent infrastructure must be recorded in the Landowner Agreement and lodged with the EPA; - disturbances that pre-existed the grant of the tenure unless those areas are disturbed during the term of the tenure. Site management plan - Means a site management plan approved under chapter 7, part 8 of the Environmental Protection Act 19994. 31 Superseded - Valid for approvals from Standard criteria - Are defined in schedule 3 of the Environmental Protection Act 1994. January 2001 to 30 March 2013They are: (a) the principles of ecological sustainable development; and (b) any applicable environmental protection policy; and (c) any applicable Commonwealth, State or local government plans, standards, agreements or requirements; and (d) any applicable environmental impact study, assessment or report; and (e) the character, resilience and values of the receiving environment; and (f) all submissions made by the applicant and interested parties; and (g) best practice environmental management; and (h) financial implications; and (i) the public interest; and (j) any applicable site management plan; and (k) any other matter prescribed under a regulation. Standard environmental conditions - For an environmental authority, means the standard environmental conditions approved for the authority under section 549 of the Environmental Protection Act 1994. Standard mining activity - Means a mining activity decided to be a standard activity under section 151 of the Environmental Protection Act 1994. Suitability statement - The Environmental Protection Act 1994 defines a suitability statement as: for land, means a statement about the uses and activities for which the land is suitable. Technical guidelines - Guidelines that indicate best practice environmental management. Topsoil - The surface layer of a soil profile, which is usually more fertile, darker in colour, better structured and supports greater biological activity than underlying layers. The surface layer may vary in depth depending on soil forming factors, including parent material, location and slope, but generally is not greater than about 300mm in depth from natural surface. Unreasonable noise - Section 18 of the Environmental Protection (Noise) Policy 1997 defines unreasonable noise as - noise that (a) causes unlawful environmental harm; and (b) is unreasonable, having regard to the following matters: (i) its characteristics; (ii) its intrusiveness; (iii) the time at which it is made; (iv) where it can be heard; (v) other noises ordinarily present at the place where it can be heard; and (c) is not declared to be reasonable in Schedule 2 of the Environmental Protection (Noise) Policy 1997 `Reasonable Noise Levels'. 32 Superseded - Valid for approvals from Unreasonable release - of a contaminant to the air environment, means a release of odours, January 2001 to 30 March 2013dust, smoke or other atmospheric contaminants, that: (a) cause unlawful environmental harm; and (b) is unreasonable having regard to the following matters: (i) its characteristic; (ii) its intrusiveness; (iii) other releases of contaminants at the place affected by the release; (iv) where the effect of the release of the contaminants can be noticed; or (v) the order in which the person releasing the contaminant started to carry out the activity from which the release is made and persons affected by the release started to carry out other activities that may be affected by the release of the contaminant. Watercourse - Means a river, creek or stream in which water flows permanently or intermittently in a visibly defined channel (natural, artificial or artificially improved) with clear bed and banks and evidence of biological dependence. Waterway - A naturally occurring feature where surface water runoff normally collects, such as a clearly defined swale or gully, but only flows in response to a local rainfall event. Wetland - Are areas of permanent or periodic/intermittent inundation, whether natural or artificial, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed 6m. Wetlands typically include areas such as lakes, swamps, marshes, estuaries or mudflats. 33 Superseded - Valid for approvals from 5.0 TECHNICAL GUIDELINES January 2001 to 30 March 2013 Australian Standard 1940 - The storage and handling of flammable and combustible liquids. Standards Australia (1993). Australian Water Quality Guidelines for Fresh and Marine Water Quality, Australian and New Zealand Environment and Conservation Council (1992). Commonwealth Best Practice Environmental Management in Mining Guidelines, Environment Australia. Dredging, Extraction and Spoil Disposal, Fish Habitat Management Operational Policy: FHMOP 004, Department of Primary Industries (1998). Farm Water Supplies Design Manual, Department of Primary Industries, (1992). Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils (ASS) in Queensland, Department of Natural Resources (1998). Soil Erosion and Sediment Control - Engineering Guidelines for Queensland Construction Sites, The Institution of Engineers, Australia, Queensland Division (1996). Technical Guidelines for Environmental Management of Exploration and Mining, Department of Mines and Energy, Queensland, 1995. The Conservation Status of Queensland's Bioregional Ecosystems, Environmental Protection Agency (1999). 34 Superseded - Valid for approvals from 6.0 RELEVANT LEGISLATION January 2001 to 30 March 2013 State Legislation (published by Go Print, Queensland): Aboriginal Lands Act 1991 Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 Environmental Protection Act 1994 Environmental Protection Regulation 1998 Fire and Rescue Authority Act 1990 Fisheries Act 1994 Land and Resources Tribunal Act 1999 Land Act 1994 Mineral Resources Act 1989 Mineral Resources Regulation 1990 Mines Regulation Act 1985 Nature Conservation Act 1992 Queensland Heritage Act 1992 Torres Strait Islander Land Act 1991 Water Act 2000 Water Resources Act 1989 Commonwealth Legislation: Native Title Act 1993 Environment Protection and Biodiversity Conservation Act 1999 35 APPENDIX A - ENVIRONMENTALLY SENSITIVE AREAS Category A - Environmentally Sensitive Areas LAND AREA ADMINISTERING AMINISTRATING CLASSIFICATION LEGISLATION AUTHORITY Superseded - Valid for approvals from January 2001 to 30 March 2013National Parks (Scientific);Nature Conservation Act 1992 Environmental Protection National Parks; Agency National Parks (Aboriginal Land); National Parks (Torres Strait Islander Land); National Parks (Recovery); and Conservation Parks Wet Tropics Wet Tropics World Heritage Wet Tropics Management Protection and Management Authority Act 1993 Restricted Areas (includes Mineral Resources Act 1989 Department of Mines and Energy Constructed Water Reservoirs) Great Barrier Reef Marine Park Great Barrier Reef Marine Park Great Barrier Reef Marine Park Region Act 1975 (Cwlth) Authority Marine Parks (other than general Marine Parks Act 1982 (Qld) Environmental Protection use zones) Agency 36 Category B - Environmentally Sensitive Areas LAND AREA ADMINISTERING ADMINISTRATING CLASSIFICATION LEGISLATION AUTHORITY Coordinated Conservation Nature Conservation Act Environmental Protection Areas; 1992 Agency Superseded - Valid for approvals from January 2001 to 30 March 2013Wilderness Areas;Environmental Protection Agency World Heritage Management Areas; Environmental Protection Agency International Agreement Areas; Environmental Protection Agency An area of Critical Habitat or Major Interest identified under a Conservation Plan; Areas subject to an Interim Conservation Order; and Forest Reserves. An area subject to following International Conventions conventions: (a) Convention on the Conservation of Migratory Species of Wild Animals (Bonn, 23 June 1979); (b) Convention on Wetlands of International Importance, especially as Waterfowl Habitat (Ramsar, 2 February 1971); and (c) Convention Concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972). General Use Zones of a Marine Marine Parks Act 1982 Park An Area to the Seaward Side of Nil the Highest Astronomical Tide 37 Category B - Environmentally Sensitive Areas (continued) LAND AREA ADMINISTERING ADMINISTRATING CLASSIFICATION LEGISLATION AUTHORITY Place of Cultural Heritage Queensland Heritage Act Environmental Protection Significance; 1992 Agency Superseded - Valid for approvals fromProtected Area; January 2001 to 30 March 2013 Registered Places; and Restricted Zone. Queensland Heritage Act Environmental Protection 1992 Agency Designated Landscape Area Cultural Record Environmental Protection (other than the area known as the (Landscapes Queensland Agency `Stanbroke Pastoral Holding' and Queensland Estate) Act 1987 Feature Protection Area, State Forestry Act 1959 Department of Natural Forest Park or a Scientific Area Resources Department of Primary Fish Habitat Area; and Fisheries Act 1994 Industries A place in which a Marine Plant Environmental Protection is situated Agency Endangered Regional Nil Ecosystems; and An area of High Nature conservation Value 38 Category C - Environmentally Sensitive Areas LAND AREA CLASSIFICATION ADMINISTERING ADMINISTRATING LEGISLATION AUTHORITY Nature Refuges; and Nature Conservation Act Environmental Protection Resource Reserves 1992 Agency Superseded - Valid for approvals from January 2001 to 30 March 2013Declared Catchment Areas;Water Act 2000, variousDepartment of Natural Water Board Acts Resources and/or Declared Irrigation and Irrigation Project Areas; and Relevant Storage Operator or Board Water Reservoirs and Drainage Areas. River Improvement Areas River Improvement Trust Act Department of Natural Designated Landscape Area (e.g. 1940 Resources and the Relevant Stanbroke Pastoral Holding) River Trust Cultural Record (Landscapes Environmental Protection Queensland and Queensland Agency Estate) Act 1987 Historic Mining Sites Nil (Inter Departmental Environmental Protection Notifications) Agency and the Department of Mines and Energy State Forest or Timber Reserves Forestry Act 1959 Department of Natural Resources DPI Research Sites Nil (Inter Departmental Department of Primary Agreement) Industries Critical Areas and Public Purpose Land Act 1994 Department of Natural Reserves Resources Areas under Coastal Management Coastal Protection and Environmental Protection Plans and Control Districts Management Act 1995 Agency An area subject to a State Planning Integrated Planning Act 1997 Environmental Protection Policy that the policy declares is in Agency need of environmental protection. Erosion Prone Areas and Coastal Beach Protection Act 1968 Environmental Protection Management Control Districts Agency Areas of land occupied by the Sugar Industry Act 1999 Department of Primary Industries Bureau of Sugar Experiment Stations to conduct research 39 FORM 1 APPENDIX BSuperseded - Valid for approvals from Environmental Authority No: January 2001 to 30 March 2013 Project No: MONITORING AND RECORD KEEPING SUMMARY Term of Plan (yrs): Commencement date: Data and Information Method Of Record Keeping To Be Used Frequency site plans journal photographs Other Topsoil stripping and stockpiling (e.g. record topsoil stockpiles, location and age) Area disturbed and rehabilitation (e.g. map of the area of disturbance and photos of rehabilitation) Pre and post-mine landform (e.g. record photographs of the area prior to and following mining) Water discharge quality (e.g. note colour of discharge water from sediment dams) Dam maintenance (e.g. record of dam maintenance such as sediment removal) Record of complaints (e.g. air, noise, tracks etc) (e.g. record in journal any complaints received by adjoining land owner, actions taken and the outcomes of the action) Site specific conditions (e.g. record of monitoring to demonstrate compliance with any site specific conditions) Remediation of contaminated land (e.g. record of current and remediated contaminated land) Waste Management (e.g. record of waste taken to a regulated waste collection depot) Rehabilitation quotes, estimates and actual costs Others - relevant to performance category 40 FORM 2 Emergency Response TableSuperseded - Valid for approvals from January 2001 to 30 March 2013 Emergency situation Who to contact in case of Equipment required to be kept Procedure to be followed in case emergency situation occurring and maintained on site of emergency situation occurring Hydrocarbon spill causing serious or material environmental harm Chemical spill causing serious or material environmental harm Other 41 FORM 3 SCHEDULE OF REHABILITATION COSTSSuperseded - Valid for approvals from January 2001 to 30 March 2013 REHABILITATION TYPES TOTAL AREA LOW RISK HIGH RISK OF Simple straightforward rehabilitation. Difficult rehabilitation Successful rehabilitation of analogous (e.g. dispersive soils, steep topography, DISTURBANCE remoteness, sensitive areas, etc.) sites has previously been achieved Category 1 -- Less than 1 hectare $2,500 $5,000 Category 2 -- 1 to 4 hectares $10,000 $20,000 Category 3 -- 4 to 10 hectares $20,000 $40,000 Notes: The final assurance for each category are based on rehabilitating the maximum area in that category (e.g. financial assurance for 1 to 4 hectares is based on the cost of rehabilitating 4 hectares). The Financial Assurance for environmental authority with additional conditions attached allow that the operator to disturb more than 10ha, will be calculated using the above schedule with the additional area of disturbance calculated according to the relevant category. For example, the financial assurance for 18ha of low risk disturbance will be $40,000 (i.e. $20,000 for the first 10ha and another $20,000 for the extra 8ha because it is also in category 3). 42 43Superseded - Valid for approvals from January 2001 to 30 March 2013 Superseded - Valid for approvals from January 2001 to 30 March 2013 Superseded - Valid for approvals from Code of January 2001 to 30 March 2013 environmental compliance Mining lease projects This code of environmental compliance (code) has been made under Schedule 3 of the Environmental Protection Regulation 2008. It contains the standard environmental conditions approved by the Minister, under section 549(2) of the Environmental Protection Act 1994, for carrying out the aspects of the environmentally relevant activity (ERA) specified in section 2 of this code. Code of environmental compliance for Mining Lease Projects Note: A reference in this document to the Environmental Protection Agency should be read www.ehp.qld.gov.au ABN 46 640 294 485 Superseded - Valid for approvals from January 2001 to 30 March 2013 CODE OF ENVIRONMENTAL COMPLIANCE for MINING LEASE PROJECTS January 2001 CONTENTS Section Page 4 1.0 INTRODUCTION 7 8 2.0 CRITERIA FOR DETERMINING THE LEVEL OF 8 ASSESSMENT Superseded - Valid for approvals from 15 January 2001 to 30 March 20133.0 STANDARD ENVIRONMENTAL CONDITIONS 22 3.1 General Conditions 26 27 Plan of Operations 39 Financial Assurance Land Disturbance Air Quality Noise Emissions Erosion and Sediment Control Topsoil and Overburden Management Hazardous Contaminants Nature Conservation Other Level 2 Environmentally Relevant Activities 3.2 Activity-based Conditions Roads and Tracks Campsite Waste Management Dams Mine and Process Plant Service Maintenance and Storage Areas Monitoring, Reporting and Emergency Response Procedures Rehabilitation 3.3 Conditions for Specific Types of Mining Hard Rock Mining Alluvial Mining Dimension Stone Mining Opal Mining 3.4 Exploration Activities 4.0 DEFINITIONS 5.0 TECHNICAL GUIDELINES 2 6.0 RELEVANT LEGISLATION 40 APPENDICES 41 A Environmentally Sensitive Areas 41 B Criteria for Dams 45 C Schedule of Environmental Management Performance 50 Superseded - Valid for approvals from January 2001 to 30 March 2013D Plan of Operations:51 Form 1 Project Summary Form 2 Site Plan Form 3 Action Program Form 4 Schedule of Disturbance and Rehabilitation Form 5 Schedule of Rehabilitation Costs Table 1 - Schedule of Rehabilitation Costs Table 2 - Machinery Hire Table 3 - Revegetation techniques Table 4 - Rehabilitation Schedule for Contaminated Land Form 6 Calculation of Financial Assurance Form 7 Monitoring and Record Keeping Summary E Emergency Response Table 63 FIGURES Figure 1 Cross Section through a Watercourse 64 Figure 2 Plan View of a Watercourse 65 3 Superseded - Valid for approvals from 1.0 INTRODUCTION January 2001 to 30 March 2013 Note: The key terms and/or phrases used in this Code are highlighted in italics followed by an (*). They are defined in Section 4. Low Impact Mining Mining is authorised through mining leases granted by the Governor-in-Council under the Mineral Resources Act 1989. A mining lease allows the holder or any person working the lease as the holder's agent or employee to: - mine the mineral or minerals specified in the Instrument of Lease; - carry out activities associated with mining or promoting the activity of mining; - enter and be within the land, and upon the surface area, comprised in the mining lease; - do all things permitted or required under the lease by the Mineral Resources Act 1989; and - utilise sand, gravel and rock occurring in or on the land comprised in the mining lease, subject to the conditions of the lease, payment of royalties and any other conditions governing the use or disposal of this material. The regulation of environmental management of a mining lease is via an Environmental Authority* issued under the Environmental Protection Act 1994. A mining project that is considered to present a low risk of causing Serious Environmental Harm* under the Environmental Protection Act 1994 will be assessed as a Standard Mining Activity*. A standard mining activity is an Environmentally Relevant Activity* under the Environmental Protection Regulation 1998 and will therefore require an environmental authority. This Code of Environmental Compliance has been developed for standard mining activities that include an Opal*, Alluvial*, Hard Rock*, Clay Pit*, Shallow Pit* or Dimension Stone* mining activity, to the satisfaction of the Administrating Authority*, complies with all relevant criteria listed in schedule 1A of the Environmental Protection Regulation 1998. About this Code The Code of Environmental Compliance: - provides the criteria used to determine the level of environmental management required for mining projects (see section 2); - sets the environmental performance requirements as Standard Environmental Conditions*, which will be the compliance requirements of an environmental authority issued for standard mining projects (see section 3); - provides advisory notes on how to achieve compliance with the standard environmental conditions. These are not compliance requirements and are contained in the boxes associated with the relevant standard environmental condition; and - provides definitions of terms used in this code (see section 4); - provides references to Technical Guidelines for information on best practice environmental management (see section 5). 4 Superseded - Valid for approvals from Additional Conditions January 2001 to 30 March 2013 The holder of the environmental authority may apply for additional conditions at any time. 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 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*. If an application for an additional condition is granted, the additional condition will override the relevant criteria (see section 2) or standard environmental condition (see section 3) and the activity will remain a standard mining activity in accordance with section 151 of the Environmental Protection Act 1994. Compliance Requirement The compliance requirements of a standard environmental authority issued under the Environmental Protection Act 1994 for a standard mining activity are the standard environmental conditions in this code, plus any additional conditions. Failure to comply with the standard environmental conditions, or any additional conditions, is a breach of the environmental authority and the holder is liable to various compliance enforcement actions under the Environmental Protection Act 1994. Refer to section 430 of the Environmental Protection Act 1994 - `offence to contravene condition of environmental authority'. Note: Additional permits and/or licences for activities carried out on the mining lease may be required under other legislation (e.g. sale of gravel or sand). Seek advice from the administrating authority before carrying out any additional activities. Public Notification Draft environmental authorities for standard mining activities will be publicly advertised as part of the application process. Any person may object to the conditions of the draft environmental authority and the objections will be heard through the Land and Resources Tribunal. The findings of the Land and Resources Tribunal will be considered by the Minister for Environment and Heritage, who may consult with the Minister for Mines and Energy in setting the final environmental conditions. For More Information Contact the District Manager at the Environmental Protection Agency or the Mining Registrar at the Department of Mines and Energy at the following locations. 5 Environmental Protection Agency Department of Mines And Energy EPA Advisory Service - 1800 501087 Brisbane (Spring Hill) - (07) 3227 1972 Brisbane and Toowoomba - (07) 3224 6161 Quilpie - (07) 4656 1266 Maryborough and Emerald - (07) 4982 4011 Rockhampton - (07) 4936 0511 Winton - (07) 4657 1727 Mackay and Emerald - (07) 4982 4555 Mt Isa - (07) 4747 2103 Townsville - (07) 4722 5350 Mareeba - (07) 4092 4211 Mt Isa - (07) 4744 7888 Charters Towers - (07) 4787 1266 Cairns - (07) 4046 6730 Townsville - (07) 4760 7406 Georgetown - (07) 4062 1204 Rockhampton - (07) 4938 4440 Superseded - Valid for approvals from January 2001 to 30 March 2013 6 Superseded - Valid for approvals from 2.0 CRITERIA FOR DETERMINING THE LEVEL OFASSESSMENT January 2001 to 30 March 2013 The following criteria found in schedule 1A of the Environmental Protection Regulation 1998, are used to determine the level of assessment required for an application for an environmental authority for a standard mining activity. 1. The mining activities do not or will not cause more than 10 ha of land to be Significantly Disturbed* at any one time; 2. The mining activities do not or will not cause more than 5 ha of land to be significantly disturbed at any one time - i. in a riverine area; ii. because of mine workings; 3. The mining activities are not or will not be carried out in, or within 2 km of a category A Environmentally Sensitive Area*; 4. The mining activities are not or will not be carried out in, or within 1 km of a category B environmentally sensitive area; 5. The mining activities do not include a level 1 environmentally relevant activity 6. No more than 20 persons are carrying out or will, at any one time, carry out the mining activities; 7. Only mining of a type as follows is permitted under a relevant mining lease - i. Alluvial ii. Clay Pit Mining iii. Dimension stone mining iv. Hard rock mining v. Opal mining vi. Shallow pit mining If an application for an environmental authority does not meet above the assessment level criteria, it could be approved as a standard mining activity provided the environmental impact is no greater than the environmental impact of activities allowed under an environmental authority of the same type that does meet the criteria. For example, an application for a standard mining activity proposing a significant disturbance of greater than 10ha, could be granted a standard environmental authority as long as the applicant can demonstrate that the significant disturbance will have no greater environmental impact than a project that can operate within the 10ha limit. 7 Superseded - Valid for approvals from 3.0 STANDARD ENVIRONMENTAL CONDITIONS January 2001 to 30 March 2013 3.1 GENERAL CONDITIONS Plan of Operations
- Condition 1
The holder of 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). 8 Superseded - Valid for approvals from Land Disturbance January 2001 to 30 March 2013
- 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). 9 Superseded - Valid for approvals from Erosion and Sediment Control January 2001 to 30 March 2013
- 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 any 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 stockpilesinstall 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. 10 Superseded - Valid for approvals from Hazardous Contaminants January 2001 to 30 March 2013
- 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. 11 Superseded - Valid for approvals from Condition 12 January 2001 to 30 March 2013 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 machinery 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. 12 Superseded - Valid for approvals from Condition 14 January 2001 to 30 March 2013The 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. 13 Superseded - Valid for approvals from Other Level 2 Environmentally Relevant Activities January 2001 to 30 March 2013Condition 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 under the dangerous goods code in containers with a design storage volume of more than 10m3 but less than 1000m3; 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). 14 Superseded - Valid for approvals from 3.2 ACTIVITY BASED CONDITIONS January 2001 to 30 March 2013 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. 15 Superseded - Valid for approvals from Campsites January 2001 to 30 March 2013
- Condition 19
The holder of the environmental authority must consult with the landowner prior to establishing any Campsites*.
- 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*. 16 Superseded - Valid for approvals from Condition 22 January 2001 to 30 March 2013 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). 17 Superseded - Valid for approvals from Mine and Process Plant January 2001 to 30 March 2013 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. 18 Superseded - Valid for approvals from Condition 26 January 2001 to 30 March 2013 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 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. 19 Superseded - Valid for approvals from Rehabilitation January 2001 to 30 March 2013
- 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.
- 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'. 20 Superseded - Valid for approvals from Condition 34 January 2001 to 30 March 2013 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. 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. 21 Superseded - Valid for approvals from Condition 36 January 2001 to 30 March 2013For 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".
- 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). 22 Superseded - Valid for approvals from Alluvial Mining January 2001 to 30 March 2013
- 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.
- 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. 23 Superseded - Valid for approvals from Condition 42 January 2001 to 30 March 2013When 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.
- 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'. 24 Superseded - Valid for approvals from Condition 45 January 2001 to 30 March 2013 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. 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). 25 Superseded - Valid for approvals from Opal Mining January 2001 to 30 March 2013
- Condition 48
The holder of the environmental authority should leave reshaped areas disturbed by opal mining activities in an Uneven State*, to facilitate natural revegetation through catching windblown seed and rainfall. 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*. 26 Superseded - Valid for approvals from 4.0 DEFINITIONS January 2001 to 30 March 2013 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