Mt Lyell Acid Drainage Reduction Act 2003

Mt Lyell Acid Drainage Reduction Act 2003

This Act may be cited as the Mt Lyell Acid Drainage Reduction Act 2003.

This Act commences on the day on which this Act receives the Royal Assent.

In this Act –

acid drainage means surface drainage, underground drainage or mine water which – contains – acid; or pollutants or pollution derived from metal-bearing rock or sulphide; and 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 the Environment Protection Authority 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, Environment Protection Authority means the Director, Environment Protection Authority appointed under section 18 of the Environmental Management and Pollution Control Act 1994;

leased land has the same meaning as in the Agreement;

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.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The following are taken to be pollution-reducing activities for the purposes of this Act:

the extraction of copper, iron or aluminium from acid drainage;

the reduction of the acidity of acid drainage;

any other activity involving acid drainage declared by the Minister, on the advice of the Director, Environment Protection Authority, to be a pollution-reducing activity.

The Minister may approve a person to undertake a pollution-reducing activity on, or in close proximity to, Mt Lyell.

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.

A person who is not an approved person must not undertake a pollution-reducing activity in respect of acid drainage. Fine not exceeding 100 penalty units.

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.

The agreement is to specify – the term of the agreement; and details of the pollution-reducing activity intended to be undertaken; and the obligations on the person in respect of maintenance of equipment and other matters; and 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.

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.

An application is to contain full particulars of – the pollution-reducing activity intended to be undertaken; and the land on or from which the activity is intended to be undertaken; and any associated building or other works intended to be undertaken.

If the Minister considers it appropriate, he or she, on receiving an application, may consult with – the Mining Minister; and the person holding the mining lease over the relevant land.

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.

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.

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 (5).

The person who made the application to the Minister under subsection (1) may apply to the Mining Minister for a mining lease.

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.

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.

An application must not be made unless – 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 agreement could not be reached.

An application is to contain full particulars of – the relevant land; and any pollution-reducing activity intended to be undertaken; and any associated building or other works intended to be undertaken; and the applicant's attempt to reach agreement with the owner of the land for the sale of the land.

If the Minister, on receiving an application, is satisfied that – subsection (2)(a) has been complied with; and it is appropriate for him or her to do so in order to facilitate a pollution-reducing activity – 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.

The Minister may acquire the relevant land in accordance with section 4(1)(b) of the Land Acquisition Act 1993.

Section 73(3)(a) of the Land Acquisition Act 1993 does not apply to land acquired for the purposes of this section.

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.

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.

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.

This section does not derogate from a requirement imposed under any other law.

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.