There are three uranium mines currently operating in Australia - the Ranger mine in the Northern Territory and the Olympic Dam and Beverley mines in South Australia. Current regulatory arrangements applying to these uranium mines are stringent, complex, and vary between and within jurisdictions. Notwithstanding this, the Australian regulatory framework for the uranium industry is widely recognised as being effective and representing world's best practice.

Enhancing the efficiency and effectiveness of current regulatory arrangements at all levels of government, and fostering continued industry best practice, will ensure that Australia's global reputation as a safe, reliable, socially and environmentally responsible supplier of uranium is maintained. Ensuring a highly effective, efficient and world-class regulatory regime provides the community with assurance that all potential risks associated with uranium mining are being effectively controlled and mitigated, and over time, should maintain community confidence in the regulatory system.

Continued regulatory certainty and low sovereign risk are both important prerequisites for attracting the investment required for the expansion of the Australian uranium industry. Maintaining and where necessary enhancing, the effectiveness and efficacy of regulatory arrangements will also assist in achieving this goal.

CURRENT REGULATORY ARRANGEMENTS AND RESPONSIBILITIES

Australian Government

While day to day regulation of the Australian uranium industry is mainly a State/Territory Government responsibility, the Australian Government has specific interests and responsibilities in relation to the regulation of uranium, including:

The Australian Government exercises its responsibilities for the regulation of uranium through the following key legislative and administrative arrangements.

The Atomic Energy Act 1953 provides for the authorisation of uranium mining on any land in the Ranger Project Area in the Northern Territory. While the Act does not regulate environmental performance directly, any environmental restrictions and obligations placed on the uranium mines in the Ranger Project Area must be consistent with the framework established by the Act. Importantly, under the Act, the Commonwealth retains ownership of all uranium found in all Australian Territories.

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) is the principal legislative means by which the environmental impacts associated with the mining, use and disposal of nuclear material are regulated. The EPBC Act identifies a number of areas of Commonwealth environmental jurisdiction, one of which is 'nuclear actions'. Where a nuclear action has, will have, or is likely to have, a significant impact on the environment, approval must be sought from the Australian Government Minister for the Environment and Heritage before a project can proceed. Approval of such proposals is based on the outcomes of Commonwealth environmental assessment and approval processes, although these can be (and usually are) undertaken jointly with state or territory governments when required under both Commonwealth and state or territory law.

Prior to the EPBC Act, proposals were assessed under the now repealed Environmental Protection (Impact of Proposals) Act 1974 (the EPIP Act) but were not subject to approval under that Act. Export licences were issued by the Australian Government Minister for Industry, Tourism and Resources taking into account the results of the EPIP Act assessments and these approvals remain valid. However, any major expansion, intensification or modification from the operation as approved would likely trigger the provisions of, and be subject to assessment under, the EPBC Act. The proposed expansion of the Olympic Dam mine in South Australia is currently being assessed under the EPBC Act.

The Nuclear Non-Proliferation (Safeguards) Act 1987, derived from the 1973 Treaty on the Non-Proliferation of Nuclear Weapons, has the objective of ensuring the physical security of nuclear materials within Australia. Under this legislation, possession of nuclear material (including uranium) requires a permit and approval from the Australian Safeguards and Non-Proliferation Office.

The Environment Protection (Alligator Rivers Region) Act 1978 was introduced by the Australian Government in response to the report of the 1976 Ranger Uranium Environmental Inquiry (the Fox Inquiry), which highlighted the need for strong protection measures for the region's environment in relation to uranium mining activities. The Act is concerned with the administrative arrangements for the Australian Government's oversight of uranium mining operations in the Alligator Rivers region in the Northern Territory. The legislation established the Office of the Supervising Scientist (OSS), which operates as a Division of the Department of Environment and Heritage and incorporates the Environmental Research Institute of the Supervising Scientist. The Act also established two consultative bodies: the Alligator Rivers Region Advisory Committee, to facilitate communication between community, government and industry stakeholders on environmental issues associated with uranium mining in the Alligator Rivers Region; and the Alligator Rivers Region Technical Committee, to perform reviews of the research and monitoring programs relevant to uranium mines in the region.

The Australian Radiation Protection and Nuclear Safety Act 1998 provides for the protection of human health and the environment from the harmful effects of radiation. The transportation of uranium and its by-products is regulated through general provisions of the Act which relate to radiation hazards. A key function of the Australian Radiation Protection and Nuclear Safety Agency is the development and dissemination of codes of practice for nuclear activities and protection of environment and human health from impact from radioactive materials. Relevant Codes of Practice include: the Code of Practice for the Safe Transport of Radioactive Material and the Code of Practice for Radiation Protection and Radioactive Waste Management in Mining and Mineral Processing (the Mining Code). Other relevant documents include the proposed second edition of the National Directory for Radiation Protection, which will include a protocol for the exemption of material or practices particularly in relation to mining and mineral processing industries and for bulk amounts of material and arrangements for the national adoption of new Codes of Practice and Standards (including the Mining Code).

Under Regulation 9 of the Customs (Prohibited Exports) Regulations 1958 under the Customs Act 1901, an export licence is necessary for the export of radioactive material, (including refined uranium, plutonium and thorium). Regulation 9 gives the Minister for Industry, Tourism and Resources the responsibility to approve permits for the export of nuclear material. Amendments to the regulations were made in 2000 to strengthen Australian Government control over uranium exports by providing the Minister for Industry, Tourism and Resources with a clear and administratively efficient mechanism by which the Minister can place legally binding conditions, including mine-site environmental conditions, on the export of uranium.

Export applications are subject to assessment by Department of Industry, Tourism and Resources (DITR) and the Australian Safeguards and Non-Proliferation (ASNO) to ensure that Australian uranium is only being exported for peaceful non-explosive purposes under Australia's network of bilateral safeguards agreements. Australia retains the right to be selective as to the countries with which it is prepared to conclude safeguards arrangements. The length of the permit is determined on a case by case basis. Ten year permits have been issued to the owners of the three current operating uranium mines.

Each shipment of uranium leaving Australia must be notified to DITR and ASNO and have Customs approvals before it can leave the country. At each stage of the process, ASNO and its counterparts in other countries track the Australian Obligated Nuclear Material. Uranium exporters are also required to provide DITR with a 'converter reconciliation report' in January and July for the 6 month periods ending December and June. These reports state the opening inventory balance and confirm the amount of uranium oxide that was delivered to a conversion facility. In the event that there is any breach of the conditions of the export permit, the Minister for Industry, Tourism and Resources may revoke the permit.

The Aboriginal Land Rights (Northern Territory) Act 1976 established the Northern Land Council (NLC) as a statutory authority to represent the interests of traditional owners. Both the Ranger and Jabiluka mines are located within the NLC's area of jurisdiction, and both are on land which is traditionally owned by the Mirrar-Gundjehmi people. The Act requires a grantee applying for a mining interest over Aboriginal land in the Northern Territory to make an application to both the relevant Minister and to the relevant land council, for consent to the grant of a mining interest. The Australian Government has recently foreshadowed changes to the operations of the Act.

Other legislation relating to indigenous interests in relation to uranium mining include the Native Title Act 1993. The Act established the National Native Title Tribunal, which mediates native title applications referred to it by the Federal Court, and may assist in negotiations about mining proposals and in the Indigenous land use agreement making process.

2. South Australian Government

Uranium mining in South Australia is subject to stricter controls than mining in general due to public concerns about the uses and physical characteristics of the end product and the need to comply with Australian Government requirements and international obligations. Regulation of the industry is through the following key legislation.

The Radiation Protection and Control Act

The Radiation Protection and Control Act 1982 (the RPC Act) controls activities that involve radiation and radioactive materials in South Australia. The RPC Act provides for various categories of licence and registration, including a Licence to Mine or Mill Radioactive Ores.

The South Australian Minister for Environment and Heritage may attach conditions to these licences. The primary condition applied to all such licences is a requirement for compliance with the Australian Government's 2005 Mining Code, which requires, among other things, uranium mines to have an approved 'radiation management program' and an approved 'radioactive waste management program' in place. Results of environmental radiation monitoring conducted under requirements of the radioactive waste management program are analysed and reported annually.

The Mining Code provides for a 'relevant regulatory authority' (RRA) to implement the provisions of the code and to grant approvals or authorisations. In forming the Mining Code, the Australian Government envisioned that each state or territory would adopt the code via its own legislation or licence conditions, as appropriate. For the purposes of the code, the RRA in South Australia is the Radiation Protection Division of the South Australian Environment Protection Authority, which administers the provisions of the code in close consultation with the Minerals and Energy Resources Division of Primary Industries and Resources South Australia (PIRSA), and SafeWork SA in the Department for Administrative and Information Services.

The administration of the Mining Code is achieved by an administrative agreement, which ensures that the relevant agencies are involved in the consideration of applications for approvals from the operators and that approvals or authorisations granted under the code do not conflict with other legislative requirements.

Other Australian Government or international standards, codes or guidelines may also be applied to a particular operation, if this is considered necessary.

Incident reporting
In the event of an unplanned release of radioactive process materials within a plant or to the environment, or accidental exposure of a worker, an operator is required to record or report the incident as specified in Criteria and Procedures for Recording and Reporting Incidents at SA Uranium Mines. That document forms part of a radiation management program. Upon being notified of an incident, the regulator ensures that actions taken to contain the spill are appropriate, that all stakeholders have been advised of the incident, that the operator has taken appropriate remedial action, and that information relating to the incident is made publicly available in an open and transparent manner to ensure that public confidence is maintained.

Transport of uranium
The transport of uranium or any other radioactive material is conducted in accordance with the Radiation Protection and Control (Transport of Radioactive Substances) Regulations 2003, which essentially adopt the Australian Government's Code of Practice for the Safe Transport of Radioactive Material (2001). Before any shipment of uranium occurs, mine operators are required to obtain all necessary permits and licences from Australian and state government authorities and must develop a detailed transport plan, which requires approval from Australian and state government authorities. The Security and Emergency Management Office in the Department of the Premier and Cabinet coordinates South Australian input into this plan.

Mining Act and Mines and Works Inspection Act
The Mining Act 1971 and the Mines and Works Inspection Act 1920 are the instruments under which the South Australian Minister for Mineral Resources Development regulates all mining activities in South Australia. Under these Acts, PIRSA has broad responsibilities in administering mining operations to achieve South Australian Government objectives and obligations.

Mining leases
The Mining Act requires mine operators to obtain a mining lease. The Minister may grant such a lease following consideration of the results of an extensive assessment, including assessment of the likely environmental impacts, and satisfactory resolution of native title. Consultation must occur to ensure that a proposed mining lease is in accordance with the Development Act 1993, and the outcome of those consultations must be considered when approving the mining lease. The lease must be renewed at regular intervals, generally every seven years. Inspections are conducted to ensure compliance with the conditions of the mining lease.

Mining and rehabilitation programs
In conjunction with obtaining a mining lease, an operator must develop a 'mining and rehabilitation program' to minimise the environmental effects of mining and milling and ensure adequate rehabilitation of mining sites. Development and approval of a mining and rehabilitation program generally requires an environmental impact assessment of some form. As with a mining lease, the program must be renewed at regular intervals, generally every seven years. Inspections are conducted to ensure that operations are conducted in accordance with the mining and rehabilitation program.

Environmental management and monitoring plans
Uranium mine operators in South Australia are required, as part of mining lease conditions under the Mining Act, to submit for approval to the Mining Minister a program for the protection, management and rehabilitation of the environment. This program, known as an 'environmental management and monitoring plan' (or 'program'), covers waste management, flora, fauna, groundwater, spills and air emissions. Relevant state agencies are consulted during the process of evaluating and approving environmental management and monitoring plans. Annual reports are required on the progress of the program. Both the plan and the annual report are publicly accessible.

Under recently revised South Australian environment guidelines, the environmental management and monitoring plan has been combined with the mining and rehabilitation program (see above). All future mining and rehabilitation programs will incorporate environmental management and monitoring plans, where appropriate.

Environmental impact assessment processes
The Development Act 1993 mandates that applications to carry out operations that are of 'major social, economic or environmental importance' must be referred to the Minister for Urban Development and Planning. Planning SA, a division of PIRSA, undertakes an environmental impact assessment, after which the Minister provides advice to the Minister for Mineral Resources Development to be considered in developing conditions of approval. When an environmental impact assessment is required under the Australian Government's EPBC Act, it is generally undertaken in conjunction with assessments required under the Mining Act, the Development Act, or both.

Roxby Downs (Indenture Ratification) Act
The Olympic Dam mine is regulated under the Roxby Downs (Indenture Ratification) Act 1982 (the Indenture Act). The Environmental Protection Act 1993 and the Mining Act are subject to the provisions of the Indenture Act. The Indenture Act specifically requires that the operators of the Olympic Dam mine:

Other legislative requirements
SafeWork SA, a division of the South Australian Department for Administrative and Information Services, has responsibilities under the Mines and Works Inspection Act 1920, the Occupational Health, Safety and Welfare Act 1986, and the Dangerous Substances Act 1979. The Environment Protection Authority has further responsibilities in relation to 'prescribed activities of environmental significance' under the Environmental Protection Act 1993 and issues licences for relevant activities under that Act. The Department of Water, Land and Biodiversity Conservation administers the Water Resources Act 1997, the River Murray Act 2003 and the Natural Resource Management Act 2004. The Department for Environment and Heritage administers the Native Vegetation Act 1991.

3. Northern Territory Government

The Australian Government has specifically reserved its powers on uranium mining in the Northern Territory by means of the Atomic Energy Act 1953 and the Northern Territory (Self Government) Regulations 1978.

Responsibilities for the regulation of environmental impacts of uranium mining in the territory have since been shared between the Australian and Northern Territory governments through a series of intergovernmental Working Arrangements. The Working Arrangements define the roles and responsibilities of the Commonwealth and Territory, which were agreed by both governments in 1979 and subsequently revised in 1995, 2000 and in 2005. The 2005 Memorandum of Understanding between the Commonwealth of Australia and the Northern Territory of Australia in Relation to Working Arrangements for the Regulation of Uranium Mining in the Northern Territory was signed on 30 May 2005 by the Commonwealth Minister for Industry, Tourism and Resources and Minister for Environment and Heritage and the Northern Territory Minister for Mines and Energy.

The Northern Territory Mining Act 1980, as in force at 14 December 2005, deals with title approvals, such as for exploration and mining. Under section 143 of the Act, the Northern Territory Minister for Mines must consult with the Australian Government Minister for Industry, Tourism and Resources before granting a mining title that relates to uranium, and must act in accordance with any advice that the Australian Government Minister provides. In effect, the Australian Government Minister has a power of veto.

Under section 137 of the Mining Act, the Northern Territory Minister may consent to the applicant negotiating with the relevant land council for the council's consent to the grant of an exploration licence on Aboriginal freehold land. This applies to land granted under the Aboriginal Land Rights (Northern Territory) Act 1976 (the ALR Act), which is about 50% of the Northern Territory. The consent to negotiate authorises the applicant to enter into negotiation with the relevant land council under the ALR Act.

Conditions of land access are set out in an agreement approved by the Australian Government's indigenous affairs Minister under the ALR Act, which sets terms and conditions for operations on Aboriginal land in the Northern Territory.

To carry out mining activities in the Northern Territory, an operator must apply to the Territory Minister for an authorisation, which may be granted subject to the condition that the operator complies with a current mining management plan. Mining operations are regulated by the Mining Management Act 2001, which mandates a regime of audits, inspections, investigations, monitoring and reporting to ensure compliance with agreed standards and criteria, and mining officers are appointed to enforce the Act.

The open-cut Ranger mine is authorised under section 41 of the Commonwealth Atomic Energy Act 1953. The Jabiluka deposit, north of Ranger, is on a mineral lease authorised under the Mining Act, as it was granted after the Northern Territory gained self-government. Both are regulated under the Mining Management Act but are subject to additional environmental requirements arising from the Australian Government's environmental approval process. Both Ranger and Jabiluka are regulated through working arrangements agreed between the Commonwealth and Territory governments. The day-to-day regulatory responsibility rests with the Northern Territory under those arrangements.

The close proximity of the Ranger mine to Kakadu National Park, an environmental protected area of international significance, makes it one of the most stringently regulated and monitored uranium mines in the world. In addition to the working arrangements outlined above, Ranger is subject to oversight arrangements established under the Environment Protection (Alligator Rivers Region) Act 1978 (which establishes the functions of the Office of the Supervising Scientist), the Aboriginal Land Rights (Northern Territory) Act 1976, the Northern Territory (Self Government) Regulations 1978, and the Commonwealth Atomic Energy Act 1953 (under which the Commonwealth retains ownership of uranium).

The operator must have a licence to export uranium (issued by the Australian Government Minister for Industry, Tourism and Resources) under the Customs (Prohibited Exports) Regulations 1958.

4. Other Jurisdictions

Currently, mining of uranium is permitted only in South Australia and the Northern Territory. New South Wales and Victoria both have legislation prohibiting uranium exploration and mining. Western Australia and Queensland both have policies that prohibit uranium mining. There is no legislative restriction on uranium exploration and mining in Tasmania, but there are no mines operating in that state.

5. Australian/State/Territory Government Regulatory and Advisory bodies

A range of Australian and State/Territory government agencies have specific responsibilities in relation to the regulation of the uranium industry.

Australian Government agencies with regulatory responsibility are the Department of Industry, Tourism and Resources, the Department of the Environment and Heritage, and the Department of Foreign Affairs and Trade (Australian Safeguards and Non-Proliferation Office). Agencies with advisory responsibilities are the Department of Health and Ageing (Australian Radiation Protection and Nuclear Safety Agency) and the Department of Education, Science and Training (Australian Nuclear Science and Technology Organisation).

In South Australia, the Department of Primary Industries and Resources, and the Environment Protection Authority, are responsible for the day-to-day regulation of the industry. In the Northern Territory, the Department of Primary Industry, Fisheries and Mines is responsible for day-to-day regulation of the operation of uranium mines and associated monitoring and compliance regimes. Australian, State and Territory government legislative arrangements pertaining to uranium exploration, mining, milling, storage and transportation are summarised in Table 1.

Table 1 Abbreviations:
(Commonwealth departments responsible for administering the legislation)
OIPC ‚ Office of Indigenous Policy Coordination;
DEH ‚ Department of Environment and Heritage;
DITR ‚ Department of Industry, Tourism and Resources;
ASNO ‚ Australian Safeguards and Non-Proliferation Office.

Source: Department of Industry Tourism & Resources paper for Uranium Industry Framework steering committee, March 2006. Reproduced with grateful acknowledgment.
ARPANSA docs available from http://www.arpansa.gov.au/rps_pubs.htm

AUSTRALIAN URANIUM ASSOCIATION Ltd.
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GPO Box 1649, Melbourne 3001, Australia
phone (03) 8616 0440