Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
MT LYELL ACID DRAINAGE REDUCTION
BILL 2003
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
PART 2 POLLUTION-REDUCING ACTIVITIES
5. Pollution-reducing activities
6. Approved persons
7. Minister may enter agreement
8. Establishment of facilities on leased land
9. Use of private land
10. Authorisation of water-diversion works
11. Power to enter land
PART 3 ACCESS, TREATMENT, &C. OF ACID
DRAINAGE
12. Ownership of acid drainage and extracted minerals and
metals
13. Access to acid drainage
[Bill 59]-IX
14. Reduction in flow of acid drainage
15. Treatment of acid drainage under Copper Mines Act
16. Royalty not payable
17. Immunity for past pollution
18. Immunity from proceedings
PART 4 MISCELLANEOUS
19. Precedence of provisions
20. Delegation
21. Regulations
22. Administration of Act
2
MT LYELL ACID DRAINAGE REDUCTION
BILL 2003
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to facilitate a reduction of acid drainage
pollution at Mt Lyell and for related purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Mt Lyell Acid Drainage
Reduction Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Interpretation
3. In this Act
[Bill 59] 3
s. 3 No. Mt Lyell Acid Drainage Reduction 2003
"acid drainage" means surface drainage,
underground drainage or mine water which
(a) contains
(i) acid; or
(ii) pollutants or pollution derived
from metal bearing rock or
sulphide; and
(b) is on, or emanates from, the leased land;
"Agreement" means the agreement made between
the Crown and Copper Mines of Tasmania Pty.
Ltd., a copy of which is set out in Schedule 1 to
the Copper Mines Act;
"approved person" means a person approved
under section 6;
"Board" means the Board of Environmental
Management and Pollution Control
established under the Environmental
Management and Pollution Control Act 1994;
"Copper Mines Act" means the Copper Mines of
Tasmania Pty. Ltd. (Agreement) Act 1999;
"council" has the same meaning as in the Local
Government Act 1993;
"Director of Environmental Management"
means the Director of Environmental
Management appointed under section 18 of the
Environmental Management and Pollution
Control Act 1994;
"leased land" has the same meaning as in the
Agreement;
4
2003 Mt Lyell Acid Drainage Reduction No. s. 4
"mining lease" has the same meaning as in the
Mineral Resources Development Act 1995;
"Mining Minister" means the Minister
administering the Mineral Resources
Development Act 1995;
"mining operations" has the same meaning as in
the Mineral Resources Development Act 1995;
"pollution-reducing activity" means an activity
specified in, or declared under, section 5;
"Registrar" means the Registrar of Mines
appointed under section 8 of the Mineral
Resources Development Act 1995.
Act binds Crown
4. This Act binds the Crown in right of Tasmania and, so
far as the legislative power of Parliament permits, in all
its other capacities.
5
s. 5 No. Mt Lyell Acid Drainage Reduction 2003
PART 2 POLLUTION-REDUCING ACTIVITIES
Pollution-reducing activities
5. The following are taken to be pollution-reducing
activities for the purposes of this Act:
(a) the extraction of copper, iron or aluminium
from acid drainage;
(b) the reduction of the acidity of acid drainage;
(c) any other activity involving acid drainage
declared by the Minister, on the advice of the
Director of Environmental Management, to be
a pollution-reducing activity.
Approved persons
6. (1) The Minister may approve a person to undertake a
pollution-reducing activity on, or in close proximity to, Mt
Lyell.
(2) The Minister may undertake a pollution-
reducing activity if he or she is of the opinion that the
activity is necessary and there is no approved person
available to undertake the activity.
(3) A person who is not an approved person must not
undertake a pollution-reducing activity in respect of acid
drainage.
Penalty: Fine not exceeding 100 penalty units.
6
2003 Mt Lyell Acid Drainage Reduction No. s. 7
Minister may enter agreement
7. (1) Before appointing a person as an approved person,
the Minister may require the person to enter into an
agreement with the Minister in accordance with this
section.
(2) The agreement is to specify
(a) the term of the agreement; and
(b) details of the pollution-reducing activity
intended to be undertaken; and
(c) the obligations on the person in respect of
maintenance of equipment and other matters;
and
(d) any other matter considered by the Minister to
be appropriate
and is to include a provision that, in the event of a
fundamental breach of the agreement, the Minister may
withdraw the approval of that person.
Establishment of facilities on leased land
8. (1) An approved person may apply to the Minister to
use the leased land for the establishment of facilities for
use in a pollution-reducing activity.
(2) An application is to contain full particulars of
(a) the pollution-reducing activity intended to be
undertaken; and
(b) the land on or from which the activity is
intended to be undertaken; and
7
s. 8 No. Mt Lyell Acid Drainage Reduction 2003
(c) any associated building or other works
intended to be undertaken.
(3) If the Minister considers it appropriate, he or
she, on receiving an application, may consult with
(a) the Mining Minister; and
(b) the person holding the mining lease over the
relevant land.
(4) The Minister and the Mining Minister are to
attempt to reach agreement with the person referred to in
subsection (3)(b) as to the terms and conditions on which
that person is to surrender the mining lease, or part of the
mining lease, to the Mining Minister if such a surrender is
necessary or expedient for the purpose of conducting or
enabling the relevant pollution-reducing activity.
(5) In the event that agreement under subsection (4)
cannot be reached, the Mining Minister may direct the
Registrar to cancel the relevant mining lease and issue a
new mining lease on comparable terms and conditions but
excluding the land on which the pollution-reducing activity
is to be undertaken.
(6) The Mining Minister is to take into account any
hardship that may be incurred by the person referred to in
subsection (3)(b) as a result of the cancellation of the
relevant mining lease and the issue of its replacement
under subsection (4).
(7) The person who made the application to the
Minister under subsection (1) may apply to the Mining
Minister for a mining lease.
(8) Nothing in this section affects the rights of a
lessee, within the meaning of the Mineral Resources
Development Act 1995, under Part 8 of that Act.
8
2003 Mt Lyell Acid Drainage Reduction No. s. 9
Use of private land
9. (1) Subject to subsection (2), an approved person may
apply to the Minister for an authorisation to use land
which is not owned by the Crown or the approved person
for the establishment of facilities for use in undertaking a
pollution-reducing activity.
(2) An application must not be made unless
(a) the applicant has used his or her best
endeavours to reach agreement with the owner
of the land for the sale of the land on
reasonable commercial terms; and
(b) agreement could not be reached.
(3) An application is to contain full particulars of
(a) the relevant land; and
(b) any pollution-reducing activity intended to be
undertaken; and
(c) any associated building or other works
intended to be undertaken; and
(d) the applicant's attempt to reach agreement
with the owner of the land for the sale of the
land.
(4) If the Minister, on receiving an application, is
satisfied that
(a) subsection (2)(a) has been complied with; and
(b) it is appropriate for him or her to do so in
order to facilitate a pollution-reducing
activity
9
s. 10 No. Mt Lyell Acid Drainage Reduction 2003
the Minister may consult with the person who owns the
relevant land with a view to reaching an agreement for the
sale of that land.
(5) The Minister may acquire the relevant land in
accordance with section 4(1)(b) of the Land Acquisition Act
1993.
(6) Section 73(3)(a) of the Land Acquisition Act 1993
does not apply to land acquired for the purposes of this
section.
Authorisation of water-diversion works
10. (1) The Minister may approve the construction of any
works for the diversion of water on the leased land that he
or she considers necessary or desirable as part of a
pollution-reducing activity.
(2) Before approving the construction of water-
diversion works, the Minister must consult with any
person who is undertaking mining operations in or under
the leased land and which may be affected by the water
diversion works.
(3) Any works that the Minister approves under this
section must be carried on so as to cause minimum
disturbance to any mining operation on the leased land.
(4) This section does not derogate from a
requirement imposed under any other law.
Power to enter land
11. An approved person or a servant or agent of the
Crown may enter the leased land for the purpose of
constructing, inspecting, operating, testing or maintaining
water diversion works.
10
2003 Mt Lyell Acid Drainage Reduction No. s. 12
PART 3 ACCESS, TREATMENT, &C. OF ACID
DRAINAGE
Ownership of acid drainage and extracted minerals
and metals
12. (1) Any substance obtained from acid drainage vests
in the Crown.
(2) Notwithstanding the Mineral Resources
Development Act 1995, the Crown may assign the rights to
any substance obtained from acid drainage to an approved
person.
Access to acid drainage
13. The Minister may assign the rights to any metals and
minerals in any acid drainage in accordance with such
conditions and for such period of time as may be
determined under any agreement under section 7.
Reduction in flow of acid drainage
14. (1) A person who holds a mining lease over the leased
land is to carry out mining activities in a manner that
minimises any reduction in the flow of, or concentration of
metals and minerals in, any acid drainage.
(2) A person who holds a mining lease over the
leased land is to consult with the relevant approved person
before taking any action that might reasonably be
considered likely to significantly reduce
(a) the flow of acid drainage to a processing plant
operated by that approved person; or
11
s. 15 No. Mt Lyell Acid Drainage Reduction 2003
(b) the concentration of metals and minerals in
that acid drainage.
(3) If an approved person believes that a person who
holds a mining lease over the leased land is proposing a
major change in the method of mining which will have the
effect of significantly reducing the flow of, or concentration
of metals and minerals in, the acid drainage to the extent
that the pollution-reducing activity may become ineffective
or non-viable, the approved person may seek the Mining
Minister's intervention to prevent the change.
Treatment of acid drainage under Copper Mines Act
15. Nothing in this Act is taken to change the
responsibility for treatment of acid drainage by any
company under the Copper Mines Act unless the Minister,
in writing, authorises otherwise.
Royalty not payable
16. No royalty is payable under the Mineral Resources
Development Act 1995 in respect of a pollution-reducing
activity undertaken under this Act.
Immunity for past pollution
17. An immunity provided for an indemnified person
under the Copper Mines Act extends to an activity
undertaken by an approved person in accordance with this
Act.
12
2003 Mt Lyell Acid Drainage Reduction No. s. 18
Immunity from proceedings
18. (1) An approved person does not incur any liability
under the Environmental Management and Pollution
Control Act 1994 by virtue of returning acid drainage that
has been processed to remove metals and minerals to the
environment.
(2) Nothing in this section relieves an approved
person from an obligation to comply with
(a) a condition of a planning permit imposed
under the Land Use Planning and Approvals
Act 1993 pursuant to a direction by the Board;
or
(b) an environment protection notice issued under
the Environmental Management and Pollution
Control Act 1994.
(3) In determining the conditions or requirements to
be imposed on the conduct of a pollution-reducing activity,
the Board, the relevant council or the Director of
Environmental Management, as the case may be, is not
bound by the State Policy on Water Quality Management
established under the State Policies and Projects Act 1993,
but must have regard to the following principles:
(a) the pollution-reducing activity must result in a
significant net reduction in the environmental
impact of, and risks posed by, acid drainage;
(b) any limits set on the level of pollutants in the
discharge of acid drainage after it has been
treated or processed must be set with regard to
paragraph (a) and the levels of pollutants in
the acid drainage before it enters a processing
plant;
(c) any emissions of air pollutants or noise and
the disposal of solid wastes are to be regulated
13
s. 18 No. Mt Lyell Acid Drainage Reduction 2003
in accordance with any relevant Government
policies.
(4) A lessee of the leased land incurs no civil liability
to or in respect of an approved person by reason only of a
change in the quality or quantity of acid drainage
produced in the course of its normal mining operations.
14
2003 Mt Lyell Acid Drainage Reduction No. s. 19
PART 4 MISCELLANEOUS
Precedence of provisions
19. (1) Subject to subsection (2), nothing in this Act
derogates from the Copper Mines Act.
(2) If there is any inconsistency between a provision
of this Act and a provision of the Copper Mines Act, the
provision of this Act prevails.
Delegation
20. The Minister may delegate to the Secretary of the
Department any of his or her functions or powers under
this Act other than this power of delegation.
Regulations
21. The Governor may make regulations for the purposes
of this Act.
Administration of Act
22. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Primary Industries, Water
and Environment; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
15
s. 22 No. Mt Lyell Acid Drainage Reduction 2003
Department of Primary Industries, Water and
Environment.
16 Government Printer, Tasmania