Planning and development

Planning

Planning laws

• The Northern Territory Planning Act 1999 (NT) (PA) and Planning Regulations 2005 (NT) (PR)
• The Northern Territory Planning Scheme (NTPS), and
• Development permits and exceptional permits.

What is development?

• The establishment of a use, or a change in the use of land
• A subdivision or consolidation of the land, or
• Carrying out works such as excavation or land-filling, clearing of native vegetation, constructing a building, constructing or upgrading roads and drains. Works exclude mining or agriculture.

When does the Planning Act apply?

The Northern Territory Planning Scheme

Zoned land

1. Permitted uses - which are allowed in the zone without the consent of the consent authority
2. Self-assessable
3. Permissible only with the consent of the consent authority
4. Prohibited in a particular zone.

Unzoned land

1. Land within 500m of a designated road in certain circumstances

2. Subdivision of land

3. The PA applies to removal of native vegetation in excess of 1 ha of native vegetation where no other land applies to that area.

Who makes decisions under the Planning Act?

• Alice Springs division area
• Batchelor division area
• Darwin division area
• Katherine division area
• Palmerston division area
• Tennant creek division area

Development Consent Authority

1. Delegate any of its powers and functions under the PA to an employee in the NT Government department (referred to as an employee defined in the Public Sector Employment and Management Act), and
2. Delegate any of its powers and functions under the Planning Act to one of its members.

The NT Planning Commission

• A chairman
• Chairpersons of the Development Consent Authority, Heritage Council and NT Environment Protection Authority
• A representative of the Local Government Association
• Up to five additional members with qualifications and expertise, as appointed by the Minister for up to two years.

Development applications

Applications to make a planning scheme amendment

• If the proposal is 'not so significant' that it would require exhibition, decide to amend the planning scheme and publish a notice in the NT Government Gazette that the Minister has amended the planning scheme and then make available the written reasons for the Minister's decision
• Decide to continue considering the planning scheme amendment by placing it on public exhibition or
• Refuse to grant the planning scheme amendment.

Public exhibition of planning scheme amendments

Hearing of a planning scheme amendment

Decision on a planning scheme amendment

• the Minister has amended the planning scheme
• the number or title given to the planning scheme amendment
• the place where copies of the planning scheme amendment are available for purchase or inspection.

Appeal rights - amending a planning scheme

Appeal rights - exceptional development permits

Making a submission in response to a development application

• Compliance with the planning scheme
• The merits of the proposal
• The capability of the land
• The effect of the development on the land, other land, public facilities, utilities and infrastructure, and
• The public interest.

Assessing environmental impact

NT legislation

• the types of proposals to which the EAA applies;
• the powers of the Minister for the Environment and the Northern Territory Environmental Protection Agency (NTEPA);
• the arrangements for public involvement in the assessment process; and
• the provisions for recommending the environmental conditions that apply to approvals.

What types of proposals are subject to environmental assessment?

Triggering the process

Drafting the EIS and PER

Public review

PER assessment

EIS assessment

Commonwealth legislation

1. The World Heritage values of a declared World Heritage property
2. The ecological character of a declared Ramsar wetland
3. Listed threatened species and ecological communities
4. Listed migratory species
5. Nuclear actions
6. Commonwealth marine areas
7. A water resource, in relation to coal seam gas development and large coal mining development. The EPBC Act creates offences and provides civil penalties for taking an action (broadly defined) that has, will have or is likely to have a significant impact on one of these six matters. However, the Minister for Environment can approve any action that would without this approval be an offence.

• Providing protection of the environment, especially matters of national environmental significance
• Conserving Australia's biodiversity
• Protect biodiversity internationally by controlling the international movement of wildlife
• Provide a streamlined approach to environmental approvals and assessment pertaining matters of national environmental significance
• Protect World and National Heritage, and
• Promote ecological sustainable development.

When does the EPBC Act apply?

What happens after a referral?

1. Controlled action: The activity needs further assessment at a Commonwealth level, as the project proposed will significantly impact a nationally projected matter. Further discussion of controlled actions follows below.
2. Not controlled action, particular manner: The activity does not need further assessment, but certain restrictions may be placed on the way in which development takes place and the proposal must be carried out in the prescribed way.
3. Not controlled action: The activity will not have a significant impact on nationally protected measures, therefore does not need further assessment.
4. Action clearly unacceptable: The activity cannot proceed, as it will impact unacceptably on nationally protected matters.

Controlled Actions

• Lost
• Degraded or damaged, or
• Notably altered, modified, obscured or diminished. Following, a controlled action requires assessment under the EPBC Act. Section 80 of the EPBC Act summarises the methods of assessment that the Minister may choose as the following:

Making a public comment

Bilateral agreement scheme

Challenging decisions made under the EPBC Act

• In the case of an individual, an individual is an Australian citizen or a person who normally resides in Australia or an external Territory and who at any time in the previous 2 years has engaged in activities in Australia or an external Territory to protect, conserve or research the environment.
• In the case of an organisation, an organisation or association is incorporated or otherwise established in Australia or an external Territory; and at any time in the previous 2 years has engaged in activities in Australian or an external Territory to protect, conserve or research the environment; and at the time of the decision, the objects and purposes of the organisation or association included to protect, conserve or research the environment.

Environmental controls over mining

What are mining laws?

Who regulates mining?

Objector's rights

• landowners can object
• any other people, such as members of the public or environment groups can make submissions.

• people who have an estate or interest land in the exploration licence area can object
• people who have an estate or interest land on adjoining land have the right to object
• there is no right for any other people to object.

Appeal rights

The Northern Territory Civil and Administrative Tribunal

1. It has the power to make binding decisions about certain types of disputes that are referred to it. For example, it has the power to decide whether or not someone is unreasonably withholding consent from a person who wants to conduct preliminary exploration;
2. It also has the power to make recommendations and hold hearings on certain matters. For example, the Tribunal can hold a hearing and make a recommendation if the Minister for Mines and Energy refers an application for exploration or mining to the Tribunal. This is an optional process that the Minister for Mines and Energy may choose to do before they decide whether or not to grant a mineral title. The Tribunal's function is to be an independent body to hear the evidence and make recommendations to the Minister for Mines and Energy about whether the mineral title should be granted, and if so, on what conditions. People who are objecting to a proposal have a right to be parties to the Tribunal hearing. It is important to note that when the Tribunal makes its recommendation, the Minister for Mines and Energy may or may not follow the recommendation of the Tribunal when making his/her decision about whether or not to grant a mineral title.

Dispute resolution

• the area, dimensions and boundaries of land being surveyed for a proposed title area or title area
• the entry onto land to conduct preliminary exploration or fossicking, to conduct authorised activities under a mineral title or to construct, maintain and use infrastructure under an access authority
• the use of a landowner's water by a person who is conducting preliminary exploration or fossicking or by the holder of a mineral title
• the entry onto a title area by a person other than the holder of the title
• contractual obligations relating to mineral titles
• mineral rights interests

Concerns about mining laws and the environment

• None of the mining laws in the Northern Territory include the principles of ecologically sustainable development.
• Public participation in decision-making is very limited. Public notification of an application to explore or mine is limited to the newspaper. The rights to object depend on what resource is being mined and are limited to certain stages of exploration and mining. There are no rights under any laws for objectors to apply for the merits of a decision to grant an exploration or mining license.
• At the stage that mining companies apply for an approval to explore or mine (called a mineral title), the Minister for Mines and Energy does not have to consider the environmental impacts of a proposal. The Minister for Mines and Energy is only required to consider the outcome of an environmental impact assessment (if any) when they decide whether or not to grant an Authorisation, which takes place later in the approval process. The public are not notified about Authorisations. There are no rights to make objections or submissions at the Authorisation stage, when environmental effects are being considered.
• The regime for environment protection from mining activities is fragmented. Some mining activities are not subject to any environmental protection requirements,for example, fossicking on land. Some mining activities have only very limited environmental protection obligations. For example, petroleum mining on land is not subject to the MMA and so is only subject to limited environmental obligations and prosecution only in circumstances where significant environmental harm has been caused.

Water impacts

Environmental Assessment of mining activities

When is an environmental assessment needed?

What is a significant environmental impact?

• Proposals which could affect areas of high conservation value, endangered species, including wetlands, coastline, marine, arid areas, estuaries, and areas containing important or unique flora and fauna communities
• Proposals which could affect important historic, cultural, archaeological, scenic, scientific or educational sites
• Proposals involving significant land disturbance, e.g. land clearing for agriculture or forestry; urban and industrial sites; dredging; large extractive industries; surface paving; transport facilities
• Proposals involving resource extraction, e.g. drilling; mining; blasting
• Proposals involving modification of natural regimes, e.g. alteration of groundwater hydrology; drainage patterns; fauna movement; vegetation patterns
• Major engineering works, e.g. power stations; transmission lines; roadworks; bridges; dams and impoundments; irrigation works; recreational structures
• Establishment of: major agro-industrial facilities, e.g. large piggeries; poultry farms; abattoirs; rendering plants; and manufacturing and industrial process, e.g. oil refining and cement plants
• Proposals involving waste treatment and disposal, or have the potential to pollute e.g. ocean dumping; landfill; disposal of tailings, spoil and overburden; cooling water discharge; spray irrigation; liquid effluent discharge; stack and exhaust emissions
• Proposals which are likely to have a major impact on the social environment of surrounding or nearby communities
• Proposals which may involve a significant risk or hazard to public safety and the environment.

When do national environmental laws apply?

What is the environmental impact assessment process for mining?

• The Minister of Mines and Energy must give the NT Environment Protection Authority written notice about the proposed exploration or mining as soon as practicable after they have been informed about it. The notice must tell the NT Environment Protection Authority about the proposed exploration or mining and the name and address of the mining company
• The Minister for Mines and Energy must tell the Environment Protection Authority about a proposal when they are informed about the "formulation of a proposed action". A proposed action include:
• The carrying out of works and other projects
• The Making of, or the participation in the making of, decisions and recommendations
• The formulation of proposals
• The incurring of expenditure
• The negotiation, operation and enforcement of agreements and arrangements (including agreements and arrangements with, and with authorities of, the Commonwealth, the States and other Territories).

• Projects where Commonwealth involvement is anticipated (e.g. uranium mining) or Commonwealth assessment is required
• All petroleum development proposals
• All pipeline construction projects that fall outside an existing pipeline corridor
• Projects where the magnitude of production rate or a change of production rate exceeds 200 000 tonnes per annum of ore
• Project which exceed 1 million tonnes extracted per annum of waste plus ore
• Projects located within:
  • 1 km of a major river or coastline
  • 2 km of a gazetted town boundary or recognised regional community
  • National Parks, Marine Reserves, Conservation Reserves or areas of known environmental significance, excluding exploration activity on Exploration licenses
  • Mining projects where total disturbance exceeds 100 hectares
  • Energy or Geothermal projects where total disturbance exceeds 10 hectares, and
  • Projects where ground or surface water may be placed at significant risk
• The Environment Protection Authority has to decide whether or not an environmental impact assessment is required. Environmental impact assessment of a proposal takes place only if the Environment Protection Authority is of the opinion that the exploration or mining could have a significant environmental impact
• People have a right to participate in the environmental impact assessment process. See above for information about how to participate
• When a mining company applies for a mineral title or mining Authorisation, or a petroleum exploration permit or mining approval, the Minister for Mines and Energy has been informed about a proposed action. The Minister must refer the proposed action to the NT Environment Protection Authority
• At the end of the environmental impact assessment process, the Environment Protection Authority must provide its recommendations for the protection of the environment to the Minister for Mines and Energy
• The Minister for Mines and Energy makes the decision to approve or refuse the proposed exploration or mining.

Mining for minerals and extractive minerals

1. The Northern Territory Mineral Titles Act 2010 (and the Mineral Titles Regulations) are the laws under which exploration and mining approvals are granted or refused.
2. The Northern Territory Mining Management Act is the law that controls how mines are managed and what obligations there are for mining companies to protect the environment once an exploration or mining approval has been granted.

What are minerals?

• Metals - for example, gold, copper, chromium, silver, manganese, iron, cobalt, nickel, zinc, mercury, platinum are metals
• Uranium and thorium (both radioactive metals)
• Inorganic elements or compounds (including inorganic carbonate compounds)
• Organic carbonate compounds
• Coal
• Oil Shale
• Lignite
• Salt
• Another substance prescribed by regulation but not:
  • An extractive mineral
  • Petroleum under the Petroleum Act
  • Another substance prescribed by regulation.

What are extractive minerals?

• Sand
• Soil
• Gravel
• Rocks
• Pear
• Another substance prescribed by regulation.

Exploration

1. Preliminary exploration - This is when a person may enter land to investigate whether or not there is potential to explore for minerals.
2. Exploration under an exploration licence - This allows a person to explore for minerals and to conduct other activities linked to exploring.

Preliminary exploration

• marking boundaries before a person makes an application for a mining approval
• clearing vegetation and trees
• removal of samples using hand-held tools
• airborne surveys of land
• examination of the geological characteristics of land
• the person conducting the exploration using the landowner's water and staying overnight on the land.

When is only notice required for preliminary exploration?

• People who have grazing licences, occupation licences or other types of licences on vacant Crown land
• Occupiers of pastoral land
• The native title holder for land where native title rights and interests exist.

When is consent and notice required for preliminary exploration?

• Reserved land - the Minister
• Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act - the Land Trust that holds the land
• An Aboriginal community living area - the association that holds the land
• Private land - the person recorded in the land register as the landowner
• A park or reserve - the body responsible for the care, management and control of the park or reserve.

Granting or refusing consent to preliminary exploration

Consent to use of water and overnight stay on the land

Can consent to preliminary exploration be withdrawn?

Exploration

What are exploration licenses?

• A mineral exploration licence (called an EL in the Mineral Titles Act); and
• A mineral exploration licence in retention (called an ELR in the Mineral Titles Act).

What does an exploration licence allow a mining company to do?

• Occupy the area in the licence and to explore for minerals
• The right to apply for a mineral lease.

• Do the same thing as an exploration licence
• Carry out studies and tests to assess the commercial viability of mining in an area
• The right to apply for a mineral lease

• Occupy the licence area and explore for extractive minerals
• Conduct any other activities reasonably necessary for the exploration
• The right to apply for an extractive mineral permit or lease.

• Dig pits, trenches and holes, sink bores and tunnels
• Extract and remove mineral samples for analysis
• Drill and use other methods to determine the quality, quantity and extent of the mineral
• enter and occupy land in the licence or approval area with people, equipment, and vehicles
• use water - including to take or divert water, sink a bore or a well, for use in the exploration or mining and for domestic use for workers
• use land outside the area and within the area to build an access road across any land that is the shortest route from the exploration site or mine to another road, a railway, an airstrip, the sea or a waterway
• use land outside the licence area to build, maintain and use infrastructure for the exploration if the person who is conducting the exploration is granted an Access Authority.

• an extractive mineral exploration licence has been granted for your land or
• your land is included in a mineral exploration licence application or extractive mineral licence application.

Mining

• mineral lease (called an ML in the Mineral Titles Act)
• a mineral authority (called an MA in the Mineral Titles Act).

• extractive mineral lease (called an EML in the Mineral Titles Act)
• extractive mineral permit (called an EMP in the Mineral Titles Act)
• a mineral authority (called an MA in the Mineral Titles Act)

What does a mining approval allow a mining company to do?

• occupy the land
• mine for minerals
• explore for minerals in the title area
• conduct other activities related to the mine, such as operate a treatment plant
• treat tailings for example by having a tailings dam
• store waste
• process and refine minerals
• use water - including to take or divert water, sink a bore or a well, for use in the exploration or mining and for domestic use for workers
• enter and occupy land in the licence or approval area with people, equipment, and vehicles
• use land outside the area and within the area to build an access road across any land that is the shortest route from the exploration site or mine to another road, a railway, an airstrip, the sea or a waterway
• conduct tourist fossicking with mechanical equipment
• use land outside the licence area to build, maintain and use infrastructure for the exploration if the person who is conducting the exploration is granted an Access Authority.

• temporarily store and process minerals
• remove extractive minerals
• use water - including to take or divert water, sink a bore or a well, for use in the exploration or mining and for domestic use for workers
• enter and occupy land in the licence or approval area with people, equipment, and vehicles
• use land outside the area and within the area to build an access road across any land that is the shortest route from the exploration site or mine to another road, a railway, an airstrip, the sea or a waterway
• use land outside the licence area to build, maintain and use infrastructure for the exploration if the person who is conducting the exploration is granted an Access Authority.

• process and remove extractive minerals
• store waste and other material
• use water - including to take or divert water, sink a bore or a well, for use in the exploration or mining and for domestic use for workers
• enter and occupy land in the licence or approval area with people, equipment, and vehicles
• use land outside the area and within the area to build an access road across any land that is the shortest route from the exploration site or mine to another road, a railway, an airstrip, the sea or a waterway
• use land outside the licence area to build, maintain and use infrastructure for the exploration if the person who is conducting the exploration is granted an Access Authority.

• the exploration or mining takes place on general reserved land.
• the Minister for Mines and Energy has the power to decide whether or not to follow the standard procedures for telling people about an application for a mineral authority and letting people object.

Can a mining company apply to explore for one mineral and then explore or later mine for different minerals?

What is fossicking?

1. commercial fossicking where substantial amounts of minerals or extractive minerals are mined
2. tourist fossicking with mechanical equipment.

Objections to mining

The objection process

1. A mining company applies to the Minister for Mines and Energy for an exploration licence or mining approval.

2. Within 14 days, the mining company must notify landowners in the application area that an application has been made.

3. The Minister for Mines and Energy gives "initial consideration" to the application. The Minister for Mines and Energy must be satisfied that the mining company has met the application criteria and can refuse an application at this stage. The necessary criteria for an application include that the applicant must have complied substantially with the conditions of any mineral title the company currently holds. The Minister for Mines and Energy can refuse an application if there is clear evidence that the applicant is not a fit and proper person to hold a mineral title.

4. The Minister for Mines and Energy publishes a notice in a newspaper (usually the NT News) telling people that an application has been made. The notice will tell people what type of exploration licence or mining approval the application is for. It will tell people the land over which the exploration licence or mining approval is proposed to cover. Other than for landowners who have received a separate notice, the only way people will know about the proposal is by reading the newspaper.

5. Certain people who are on the land which is covered by the application (i.e. where the exploration or mining is proposed to take place) can object by writing to the Minister for Mines and Energy within 30 days of the notice. The people who can object are called landowners in the Mineral Titles Act and are:
   

   • people who own private land and is recorded as being the owner in the Land Register
   • a lease holder of a pastoral lease under the Pastoral Land Act
   • a lease holder of a grazing licence or occupation licences or another types of licence granted under the Crown Lands Act or Special Purposes Leases Act
   • an Aboriginal Community Living Area Association
   • the Land Trust for any Aboriginal land
   • the holder of the native title for any native title land
   • the land manager for a park or reserve the Conservation Land Corporation.
6. Any other members of the public, such as neighbours of the proposed site, members of the public, environment or community groups can make written submissions to the Minister for Mines and Energy within 30 days of the notice.
   
7. The Minister for Mines and Energy gives the miner a copy of any objections or submissions. The miner then has a right to provide a response to the Minister.
8. The Minister for Mines and Energy must consider any objections and submissions.
9. If the application is for exploration or mining in a declared park or reserve, the Minister for Mines and Energy must consult with the Minister for Lands and Planning and must consider their opinion.
10. If the application is for exploration or mining on Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act , the Minister cannot grant the exploration licence or mining approval unless they are satisfied that the permit, consent or agreement of Aboriginal owners of land has been obtained as required under the under the Aboriginal Land Rights (Northern Territory) Act .
11. If the land in the application is land over which people have native title rights and interests, the Minister for Mines and Energy may grant a mineral title only if they are satisfied that all procedures under the Commonwealth Native Title Act 1993 have been followed.
    Before the Minister for Mines and Energy makes a decision they have the option to refer the application to the Northern Territory Civil and Administrative Tribunal. If an application is referred to the Tribunal, it can hold a hearing and make a recommendation to the Minister. People who are objecting to a proposal have the right to attend the Tribunal hearing and to present their views. However, the Minister for Mines and Energy does not have to follow the recommendation of the Tribunal when making a decision.
    The Minister for Mines and Energy makes a decision to grant or to refuse to grant the exploration licence or mining approval. The Minister for Mines and Energy may also decide to grant an exploration licence or mining approval for only part of the land.

Can I appeal the decision?

When does a mining company need consent?

• Consent from landowners to preliminary exploration on Aboriginal land, on Aboriginal community living area, on private land, in a park or reserve (see above)
• Consent from the traditional Aboriginal owners in the form of a permit to enter onto Aboriginal Land
• Consent from the traditional Aboriginal owners to exploration under the legal process in the Commonwealth Aboriginal Land Rights (Northern Territory) Act 1976. The traditional Aboriginal owners of Aboriginal land as defined by the Aboriginal Land Rights (Northern Territory) Act 1976 have a right to refuse consent to exploration on Aboriginal land
• Consent from owners of Aboriginal land, private land and Aboriginal community living areas for the mining company to enter their land in order to construct, maintain and use infrastructure associated with conducting authorised activities under the mineral title. This type of consent is needed before the Minister for Mines and Energy can grant an Access Authority (see below)
• Consent from landowners before a person can fossick on land
• Consent from a landowner before a fossicker can use water conserved artificially by or for the occupier or landowner

Access authorities

• At least 14 days before making the application for the Access Authority, the title holder must:
• The Minister for Mines and Energy must be satisfied that the infrastructure to be constructed is necessary for conducting the approved exploration or mining activities.

• Give written notice of the intention to apply for the access authority to each landowner of the relevant land; and
• Publish a notice of the intention in a newspaper circulating in the area in which the relevant land is situated; and
• Get the consent of the landowners if the land is:
• Private land;
• Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act
• An Aboriginal community living area.

What is an Authorisation?

• the environmental protection management system for the site is appropriate for the activities and will, as far as practicable, operate effectively in protecting the environment; and
• that mining activities under the plan will be done in accordance with good industry practice. The Minister for Mines and Energy may decide to impose conditions on an Authorisation, such as conditions for the protection of the environment and conditions that take into account any environmental impact assessment that has taken place under the Environment Assessment Act.

• refuse to approve the management plan and refuse to grant the authorisation; or
• approve the mining management plan and grant the authorisation. The Minister for Mines and Energy cannot grant an authorisation unless he has approved the management plan. Once an Authorisation has been granted a mining company has to comply with its current mining management plan.

Environmental protection and minerals mining

1. Mining companies must comply with environmental obligations at mining sites;
2. There are criminal offences for mining companies that cause serious or material harm to the environment or cause an environmental nuisance if they breach their environmental obligations;
3. An Authorisation is required from the Department of Mines and Energy before undertaking exploration or mining activities;
4. Mining companies must have environmental protection management systems in place for mining sites;
5. Mining companies must pay money as security to the Department of Mines and Energy so that mining sites can be rehabilitated and any environmental harm caused by mining activities can be cleaned up without the Northern Territory government having to pay for it. If exploration or mining operations are likely to have significant environment impacts, an environmental impact assessment will be needed.

When does the Mining Management Act apply?

• land clearing
• an activity that is likely to have a significant impact on flora or fauna
• waterworks such as dams, canals, alteration or drainage of river or creek banks, water courses or shorelines
• works above the ground such as building roads, bridges, railways, airstrips, conveyors, pipelines, power lines or telephone lines
• earthworks
• blasting
• extracting resources from the surface of the land, underground, riverbeds or under the sea
• underground works such as tunnels, wells, pipelines or cables
• stockpiling ore, overburden, waste materials or by-products
• building a camp for workers
• active remote sensing and seismic techniques in water
• establishing seismic lines, drill pads, drill holes, grids, and tracks.

What are environmental obligations?

• Every person on a mining site has an obligation to take care of the environment
• Operators must ensure that the environmental impact of mining activities is limited to what is necessary for the establishment, operation and closure of a site
• Operators of mining sites have to set up an environmental protection management system and check that it works
• A person must not wilfully or recklessly cause environmental harm on a mining site or interfere with or misuse anything provided on a mining site for environmental protection
• Any person on a mining site must follow all reasonable directions given by the operator about preventing environmental harm.

Criminal offences for causing environmental harm

• is irreversible or otherwise of a high impact or on a wide scale
• damages an aspect of the environment that is of a high conservation value, high cultural value or high community value or is of special significance
• results or is likely to result in more than $50,000 or the prescribed amount (whichever is greater) being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment, or
• results in actual or potential loss or damage to the value of more than $50,000 or the prescribed amount (whichever is greater).

• is not trivial or negligible in nature
• consists of an environmental nuisance of a high impact or on a wide scale
• results, or is likely to result, in not more than $50,000 or the prescribed amount (whichever is greater) being spent in taking appropriate action to prevent or minimise the environmental harm or rehabilitate the environment, or
• results in actual or potential loss or damage to the value of not more than $50,000 or the prescribed amount (whichever is greater).

Pollution offences

Who can enforce environmental offences?

Penalties

Uranium mining

Where does uranium mining occur in the NT?

Laws governing uranium mining

• The Northern Territory Mineral Titles Act and Mineral Titles Regulations. This is the law under which exploration and mining approvals can be granted to mining companies to allow them to explore and mine for uranium. The Northern Territory Minister for Mines and Energy can only grant uranium exploration and mining approvals and exercise powers in accordance with the advice of the Commonwealth Minister administering the Atomic Energy Act.
• The Northern Territory MMA. This is the law under which Authorisations are granted, which allow a mining company to undertake exploration and mining activities. This law imposes environmental requirements on mining companies. Before exercising a power or performing a function in relation to an Authorisation relating to uranium or thorium, the Minister for Mines and Energy must consult with the Commonwealth Minister about matters agreed in writing between them relating to the mining of uranium or thorium; and must act in accordance with any advice provided by the Commonwealth Minister. Before granting or varying an Authorisation that relates to the Ranger Project Area, the Minister must ensure that the Authorisation incorporates or adopts by reference (with the necessary modifications) the Ranger Project Environmental Requirements.
• The Commonwealth Atomic Energy Act 1953. This law mainly gives the Commonwealth Government of Australia the power to grant uranium exploration and mining projects in the Ranger Mining Area.
• The Commonwealth Environment Protection and Biodiversity Conservation Act 1999. This law prohibits mining or milling uranium ore and other activities that have or are likely to have a significant impact on a matter of national environmental significance, unless an approval has been granted by the Commonwealth Minister for Environment.
• The Commonwealth Aboriginal Land Rights (Northern Territory) Act 1976 applies to Aboriginal land under that Act. This law gives traditional Aboriginal owners the power to refuse consent to exploration on their land (and in doing so has important powers to stop mining on Aboriginal land).
• The Commonwealth Native Title Act 1993 applies if there are native title rights and interests on the land. This law gives people with registered native title rights and interests the rights to be consulted about exploration and mining proposals that may affect them.

Approvals needed for uranium mining

• Mineral exploration licence under Mineral Titles Act
• Mineral lease under Mineral Titles Act
• Authorisation and approved mining management plan under Mining Management Act
• Approval under Environment Protection and Biodiversity Conservation Act 1999.

What do the approvals allow a mining company to do?

Mineral exploration licence

• Dig pits, trenches and holes, sink bores and tunnels
• Extract and remove mineral samples for analysis
• Drill and use other methods to determine the quality, quantity and extent of the mineral
• Enter and occupy land in the licence or approval area with people, equipment, and vehicles
• Use water - including to take or divert water, sink a bore or a well, for use in the exploration or mining and for domestic use for workers
• Use land outside the area and within the area to build an access road across any land that is the shortest route from the exploration site or mine to another road, a railway, an airstrip, the sea or a waterway
• Use land outside the licence area to build, maintain and use infrastructure for the exploration if the person who is conducting the exploration is granted an Access Authority.

Mineral lease

• Mine for minerals
• Explore for minerals in the title area
• Enter and occupy land in the licence or approval area with people, equipment, and vehicles
• Use water - including to take or divert water, sink a bore or a well, for use in the exploration or mining and for domestic use for workers
• Conduct activities related to the mine, such as operate a treatment plant
• Treat tailings for example by having a tailings dam
• Store waste
• Process and refine minerals
• Use land outside the area and within the area to build an access road across any land that is the shortest route from the exploration site or mine to another road, a railway, an airstrip, the sea or a waterway
• Conduct tourist fossicking with mechanical equipment
• Use land outside the licence area to build, maintain and use infrastructure for the exploration if the person who is conducting the exploration is granted an Access Authority.

Authorisation under the Mining Management Act

Approval under Environment Protection and Biodiversity Conservation Act 1999

Approval under Atomic Energy Act

• enter and take possession of land with workers, machinery, vehicles and things
• exploration, mining, recovery, treatment and processing of uranium
• bore or sink for water, raise or use water and cut and construct dams and drains
• cut and construct roads
• erect or install buildings and demolish or remove buildings

Objections

• the Land Trust for any Aboriginal land under the Aboriginal Land Rights (Northern Territory) Act
• the holder of the native title for any native title land
• an Aboriginal Community Living Area Association
• people recorded as being the owner in the Land Register
• a lease holder of a pastoral lease under the Pastoral Land Act
• a lease holder of a grazing licence or occupation licences or another types of licence granted under the Crown Lands Act or Special Purposes Leases Act.
• the land manager for a park or reserve
• the Conservation Land Corporation.

Appeals

Transporting uranium

• the motor vehicle, train, vessel or aircraft that is allowed to carry the material
• the person who must transport it
• the times of day that it can be transported
• the number and weight of loads that can be transported.

• the vehicle is in an accident
• the vehicle is delayed
• there has been a leakage or spillage of radioactive material that has caused or may cause contamination of the environment or a danger to a person.

Mining for petroleum