Issue 14, April - June 2000


Mining industry into the Act

By Kathryn Thorburn

A MINE Management Act being developed in the Northern Territory reflects the trend across Australia to deregulate environmental performance monitoring in the mining industry. Both government and industry now see self-regulation as more efficient and more likely to encourage industry best practice.

According to Tony McGill, Director of the Department of Mines and Energy NT, regulations remain static and the aim is ongoing improvement in environmental performance.

The NT Department of Mines and Energy remains responsible for overseeing mine performance and ensuring that this is in line with community expectations. To this end mines departments traditionally have employed a ‘command and control’ approach to regulation of mine impacts.

The new Act however will advance the concept of ‘Duty of Care’ and of accountability on the part of managers, employees and service providers. Companies will be required to work to environmental management plans approved by government, as well as more general guidelines and standards.

Regulation remains in the form of Acts such as the Waste Management and Pollution Control, Water, and Environmental Assessment, all of which prescribe safe maximum levels of pollution or environmental impact. Breaches of these Acts can result in large fines. In addition, an environmental performance bond is collected from the operator before the license is issued. These encourage proper mine ‘close out’ or rehabilitation and act as insurance should the company renege on its responsibilities agreed to at the outset.

An NT Department of Mines and Energy initiative to audit mines’ performances yearly against an agreed upon Environment and Mining Plan was a precursor to the change to a performance monitoring approach. Many NT mining companies have now started contracting independent audits of environmental performance.

In response to market pressures, many in the industry are also voluntarily adopting codes of practice such as the Australian Minerals Code for Environmental Management, or seeking accreditation under various environmental standards. As one of the most publicly scrutinised industries around, a good environmental image can give companies a competitive edge in the market place.