Uranium mining legal and regulatory framework

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1 South Australia s Environment Protection Authority Uranium mining legal and regulatory framework An Australian perspective Keith Baldry Director Mining Radiation and Regulatory Support IAEA Seminar on Governance of Uranium Production Activities København Danmark May 2014

2 The Environment Protection Authority South Australia s principal environmental and radiation regulator ~200 staff Six radiation and environment regulators dedicated to the mining sector Radiation and air laboratories Keith Baldry 20 years experience in the nuclear fuel cycle and radiation regulation in the UK and Australia Currently responsible for mining, radiation, major projects, licensing and South Australia's container deposit system. Chair of Australia s Radiation Health Committee

3 Australia s uranium resources & mines Ranger Wiluna Olympic Dam Beverley Honeymoon Four Mile

4 Australia s uranium resources & mines Underground Open pit In Situ Recovery Very dry Very wet Multi metal Processing to concentrate

5 In-situ recovery Beverley, South Australia

6 Australian uranium mines history (legacy) Radium Hill, South Australia

7 Australian governments States: safety, security, taxes Federal: export, safeguards, national significance, taxes

8 Key features of success 1. Sustainable business A good proponent Viable economics 2. Control Good legislation Joined up government Effective compliance 3. Effective assessment Regulatory capability Baseline monitoring 4. Legacy risks managed Financial assurance / bond Clear risk apportionment 5. Community trust Engagement Transparency

9 Understanding objectives of regulator Radiation health risks to workers and public managed Environment protected for current and future generations Respond to and control environmental and health risks A leading, trusted and influential advisor and regulator Public confident in the safety and control of uranium mining South Australia s natural resources and assets are valued and managed sustainably to drive long term prosperity

10 Legislative basis Three primary pieces of legislation in South Australia Mining Act 1971 Radiation Protection and Control Act 1982 Development Act 1993 Other important legislation Native title Environment Protection Act 1993 Natural Resources Management Act 2004 Environment Protection and Biodiversity Conservation Act Customs Act and Australia's Uranium Exports Policy Aboriginal heritage Work Health and Safety Act Transport

11 Legislative structure South Australian Government Commonwealth EPA Mines Department Environment DoE Industry ASNO Environment Protection Act Radiation Protection Act Mining Act Environment & Natural Resources EPBC Act Customs Act Safeguards Assessment process Air Groundwater Waste* Health Waste Closure Mining operation Closure Water abstraction National significance Policy on export IAEA obligations Licence Licence Licence Permits

12 Features of legislation Responsible Ministers and delegation to agencies Balance of independent regulation and national interest Prohibition on exploring or mining without a lease (Mining Act) Prohibition on mining or processing uranium without an authorisation (Radiation Protection & Control Act) Assessment process requiring risks to be evaluated Mechanism for authorising and conditioning licences Management plans subject to approval Ability to change requirements based on performance and risk Independent radiation advisory council Power to levy fees

13 National and international basis IAEA & ICRP ARPANSA GSR Part 1 National Directory for Radiation Protection State/Territory legislation GSR Part 3 BSS Requirements Guides Planned exposures Code Mining Code Transport Code

14 Co-regulation EPA Mines Department Environment Protection Act Air Groundwater Waste Radiation Protection Act Rad waste management Mining Act Mining operation Closure Radiation Environment Program for Environmental Protection and Rehabilitation Mines

15 Joined up government Commitment from the top Good staff Administrative agreements Regulatory practice benchmarked nationally and internationally IAEA IRRS Fraser Institute survey Australian Environmental Law Enforcement and Regulators Network

16 Assessment and authorisations Understanding the impacts Science based assessment Providing advice and direction to the planning process Ultimately a decision to authorise operation with conditions

17 Licence example: Four Mile (ISR)

18 Code of Practice: Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing Staged approvals Construction Commissioning Operation Decommissioning / rehabilitation Process changes Radiation Management Plan Radioactive Waste Management Plan Capability and competency Optimisation including best practicable technology Reporting Training and supervision

19 Radiation management plan 2 Introduction 2.1 Overview of Operation 2.2 Infrastructure and Operations 2.3 The Infrastructure Required 2.4 Baseline Radiation Information 2.5 Operation and Decommissioning 3 Workforce Information 4 Main components of operation, radiation exposure and control measures 4.1 Wellfield 4.2 Solid Waste Management 4.3 Liquid Waste Management 5 Administrative controls 5.1 Designation of Areas 5.2 Classification of Designated Workers 5.3 Signage 5.4 Standard Operating Procedures 5.5 Work Instructions 5.6 Safety Meetings 5.7 Radiation Safety Officer 5.8 Supervision 5.9 Inspections 5.10 Emergency Planning and Response 5.11 Risk Management and Control 5.12 Radiation Work Permit (RWP) 5.13 Personal Protective Equipment (PPE) 5.14 House-Keeping Measures 5.15 Personal Contamination Monitoring 5.16 Shower and Change Facilities 5.17 Radiation Clearances 5.18 Investigation and Action Level 5.19 Incident and Accident Investigations 5.20 Procedures for Visitors 5.21 Minimum Age Limit to Work

20 Radiation management plan 6 Radiation Monitoring 14.1 Calibration of equipment 7 Occupational dose assessment 14.2 Inspections 7.1 Radiation Exposure to Members of Public 14.3 Procedures 8 Transport of Radioactive Materials 14.4 Preventive Maintenance 8.1 Samples 14.5 Review and auditing 8.2 Bore Hole Logging Sources Appendix A: Dose Assessment Methodology 9 Personnel and resources 10 Integration into Operation 11 Education and training 12 Risk assessment and control 13 Record keeping and reporting 13.1 Reporting 13.2 Weekly and Monthly Radiation Reports 13.3 Quarterly Occupational Radiation Report 13.4 Annual Occupational Radiation Report 14 Quality assurance

21 Radioactive waste management plan Outline of the processes Description of wastes Description of the environment Baseline radiological characteristics System for waste management Facilities and procedures for treatment, storage and disposal Prediction of environmental concentrations and radiation doses to people Management practices Demonstration that requirements will be met now and in the future Monitoring program Contingency plans Reporting schedule Plan for decommissioning and rehabilitation Periodic assessment and review

22 Program for Environmental Protection and Rehabilitation (PEPR) 2 Description of the Natural, Social and Economic Environment 3 Description of Mine Construction, Operation and Closure 4 Results of Stakeholder Consultation 5 Management of Environmental, Social and Economic risks 6 Mine Closure and Rehabilitation Plan 7 Management Systems and Capability 8 Radioactive Waste Management Plan 9 Approval Conditions Appendix C Bond Calculations EPA Radiation Protection Act Rad waste management Mines Department Mining Act Mining operation Closure Program for Environmental Protection and Rehabilitation Google Four Mile PEPR

23 Outcome based criteria Outcome (including mine completion outcomes) No loss of abundance or diversity of native vegetation on or off the Lease through: unless prior approval under the relevant legislation is obtained. Outcome Measurement Criteria (including mine completion outcomes) Biennial monitoring of native vegetation abundance and diversity through (stated method) at selected impact sites adjacent to operation and at control sites remote from mining operations Annual monitoring at area specified in (Fig X) demonstrates that total area of native vegetation cleared does not exceed the approved area What will be measured and form (method) of measurement Native vegetation abundance and diversity through (insert appropriate method of measurement) Native vegetation clearance using (e.g. aerial and/or ground surveys) Target Value No loss of abundance or diversity Total area cleared does not exceed the approved area Control or baseline data Vegetation baseline survey Baseline aerial and/or ground surveys

24 Transport IAEA Regulations for the Safe Transport of Radioactive Material National Code of Practice for the Safe Transport of Radioactive Material (2008) RPS2 South Australian Radiation Protection and Control (Transport of Radioactive Substances) Regulations 2003 South Australia s role in uranium product shipment (NT and potentially WA and QLD) Transport plans Emergency response Incident training with state bodies

25 Closure and rehabilitation $ Establish end state criteria Mine liabilities Determine financial assurance Mine value Time

26 Financial assurance

27 Guidance

28 Guidance IAEA WS-G-1.2 Management of Radioactive Waste from the Mining and Milling of Ores IAEA NF-T-1.1 Establishment of Uranium Mining and Processing Operations in the Context of Sustainable Development IAEA model uranium mining regulations SA Mines Department / EPA Regulatory Guidelines for miners, e.g: Preparation of a mining lease proposal Preparation of a program for environmental protection and rehabilitation SA EPA Radiation Protection Guidance for Explorers Safety Guides: Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing (2005) RPS9 Monitoring, Assessing and Recording Occupational Radiation Doses in Mining and Mineral Processing

29 Thank you Adelaide Australia

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