Uranium mining legal and regulatory

framework

IAEA Seminar on Governance of Uranium Production Activities

København Danmark

27-28 May 2014

Keith Baldry

Director Mining Radiation and Regulatory Support

South Australia’s Environment Protection Authority

An Australian perspective

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

Australia’s uranium resources & mines

Olympic Dam Beverley

Honeymoon Four Mile

Ranger

Wiluna

Australia’s uranium resources & mines

• Underground • Open pit • In Situ Recovery • Very dry • Very wet • Multi metal • Processing to concentrate

In-situ recovery

Beverley, South Australia

Australian uranium mines history (legacy)

Radium Hill, South Australia

Australian governments

• States: safety, security, taxes

• Federal: export, safeguards,

‘national significance’, taxes

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

Key features of success

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

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

Legislative structure

Environment

Protection

Act

Radiation

Protection

Act

Mining Act Environment

& Natural

Resources

DoE Environment Mines

Department EPA

EPBC

Act Safeguards

Air

Groundwater

Waste*

Assessment process

Mining

operation

Closure

Health

Waste

Closure

Water

abstraction

Commonwealth

Industry

South Australian Government

Customs

Act

ASNO

National

significance

Policy on

export

IAEA

obligations

Licence Licence Licence Permits

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

Mining

Code

Planned

exposures

Code

Transport

Code

National and international basis

IAEA & ICRP

GSR Part 1

GSR Part 3 BSS

National Directory for

Radiation Protection

State/Territory

legislation

ARPANSA

Requirements

Guides

Co-regulation

Radiation

Protection

Act

Mining Act

Mines

Department EPA

Mining

operation

Closure

Rad waste

management

Program for Environmental

Protection and Rehabilitation

Environment

Protection

Act

Air

Groundwater

Waste

Radiation Environment

Mines

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

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

Licence example: Four Mile (ISR)

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

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

Radiation management plan

6 Radiation Monitoring 7 Occupational dose assessment 7.1 Radiation Exposure to Members of Public 8 Transport of Radioactive Materials 8.1 Samples 8.2 Bore Hole Logging Sources 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

14.1 Calibration of equipment 14.2 Inspections 14.3 Procedures 14.4 Preventive Maintenance 14.5 Review and auditing Appendix A: Dose Assessment Methodology

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

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

Radiation

Protection

Act

Mining Act

Mines

Department EPA

Mining

operation

Closure

Rad waste

management

Program for Environmental

Protection and

Rehabilitation

Google “Four Mile PEPR”

Outcome based criteria Outcome

(including mine completion outcomes)

Outcome Measurement Criteria

(including mine completion outcomes)

What will be measured and

form (method) of

measurement

Target Value

Control or baseline

data

No loss of abundance or diversity of native vegetation on or off the Lease through: unless prior approval under the relevant legislation is obtained.

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

Native vegetation abundance and diversity through (insert appropriate method of measurement)

No loss of abundance or diversity

Vegetation baseline survey

Annual monitoring at area specified in (Fig X) demonstrates that total area of native vegetation cleared does not exceed the approved area

Native vegetation clearance using (e.g. aerial and/or ground surveys)

Total area cleared does not exceed the approved area

Baseline aerial and/or ground surveys

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

Closure and rehabilitation

Mine liabilities

Mine value

$

Time

Establish end state criteria

Determine financial assurance

Financial assurance

Guidance

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

Thank you

Adelaide Australia