Mining and the law: what you need to know

Similar documents
CSG and landholder rights

Voluntary Land Acquisition and Mitigation Policy For State Significant Mining, Petroleum and Extractive Industry Developments 15 DECEMBER 2014

15 July Ms E Young Team Leader Protected Area Establishment Department of Environment and Natural Resources Adelaide

Native Title Explained

MEMORANDUM THE RIGHTS OF LAND OWNERS IN RELATION TO THOSE OF HOLDERS OF RIGHTS IN TERMS OF THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT

Neds Corner Station. What is a Conservation Covenant?

Pastoral Land Management

Part 1 Objective of the Planning Proposal. Part 2 Explanation of the Provisions. Lake Macquarie City. Local Government Area:

PLANNING PROPOSAL. Reclassification of Community Land to Operational Land at. 2C T C Frith Avenue BOOLAROO. (Part Lot 2 DP )

Strategic assessment scoping document - Solomon Heights, Vic

Section 80 of the Environmental Planning and Assessment Act 1979

Submission on the draft Community Engagement Strategy under the Crown Land Management Act 2016 (NSW) prepared by

NFU Consultation Response

This decision is made under sections 130( 1 ) and 133 of the Environment Protection and Biodiversity Conservation Act 1999.

SAI Global Property. This Certificate contains important information about the land described above.

KROSA MINING PERMIT INFORMATION DOCUMENT

Standard for the acquisition of land under the Public Works Act 1981 LINZS15005

Management Plan. Blast

Public Works Act 1981 Overview on Acquisition and Compensation for Public Works. Workshop : N Pointon, A Roberts and J Haynes

LAKE MACQUARIE COASTAL WETLANDS PARK PROPOSAL. FINAL DRAFT MEMORANDUM OF UNDERSTANDING (September 2010)

COAL SEAM GAS DEVELOPMENT ON YOUR LAND IS SERIOUS BUSINESS CSG DEVELOPMENT IN QLD: THE POLITICAL & POLICY LANDSCAPE

RESOURCE ACTIVITIES ON AGRICULTURAL LAND

This program has been made possible by the New South Wales Government through the EPAs Contaminated Land Management Program under funding provided by

SECTION B - GUIDELINES

FACT SHEET: Tenure requirements for Major Customer Connections

Leases of land and/or buildings to sailing clubs generally fall within the provisions of Part II of the Landlord and Tenant Act 1954.

fact sheet INFORMATION REGARDING 1(A) RURAL LAND IN NORTH ARM COVE, PINDIMAR, BUNDABAH, CARRINGTON AND HAMILTON VILLAGE LOCALITIES

NSW Travelling Stock Reserves Review Public consultation paper

I. LICENSING & TRANSITION

LANDOWNERS ADVOCACY AND LEGAL SUPPORT UNIT (LALSU) Public Solicitors Office. Solomon Islands Government

Rules for the independent resolution of tenancy deposit disputes. 1st Edition, 1st April 2016

Information Sheet Model Lease Agreement for Dairy Property. What do the Lease Clauses Mean?

WA introduces amending legislation to make significant stamp duty changes

Preston Valley Irrigation Co-operative Ltd. Customer Service Charter. For. Preston Valley Irrigation Scheme

TENANT GUIDE TO TRANSITIONAL HOUSING

Prescribed Information and suggested clauses for tenancy agreements and terms of business

Group Company A together with its subsidiaries

18 Sale and Other Disposition of Regional Lands Policy

Refer to our Deed of Option Offer from Winten Lyon Pty Ltd

Crown Land Use Operational Policy: Mining APPROVED AMENDMENTS: Summary of Changes: /Approval

By John Korff. Section 149 certificate and its impact on property

Mineral Resources Regulation 2003

THE LAND POOLING RULES OF THE KINGDOM OF BHUTAN 2009 ROYAL GOVERNMENT OF BHUTAN MINISTRY OF WORKS AND HUMAN SETTLEMENT

REQUEST FOR CONSENT TO ALTER OR ADD TO A LEASEHOLD PROPERTY Guidance Notes for Leaseholders

Mining Act, Claims and Leases/ Aggregate Permits. Lands & Waters Aggregate & Petroleum Resources March 15, 2006

Prescribed Information and Clauses

Cape Environmental Assessment Practitioners (Pty) Ltd

PLANNING CERTIFICATE Under Section 149 of the Environmental Planning and Assessment Act, 1979

Deed of Agreement for Easement [in relation to Connection Contract Contestable ASP/1 Connection]

FACT SHEET: Exploration for Oil and Gas

Deed of Agreement for Lease [in relation to Connection Contract Contestable ASP/1 Connection]

Development Approvals Process (Development Permits)

City of Toronto Act, 2006 Public Notice

SP Energy Networks Fee Scale

GUIDANCE FOR LANDOWNERS AND OCCUPIERS ON CONTRIBUTIONS TOWARDS PROFESSIONAL COSTS

Request for Qualifications ( RFQ ) to Select Program Eligible Developers

Indigenous communities and small mining operations in remote Australia: The impact of scale on relationship building and engagement

Draft Voluntary Land Acquisition and Mitigation Policy

PURPOSE FOR WHICH TO BE USED

Voluntary Land Acquisition and Mitigation Policy NSW Minerals Council Submission

Gwydir Local Environmental Plan 2013

THE INTRODUCING BROKER (IB) AGREEMENT

Woollahra Local Environmental Plan 2014

MINES AND MINERALS MANAGEMENT ACT 1995 CHAPTER I PRELIMINARY. 1. This Act shall be called the Mines and Minerals Management Act 1995.

Policy Title: Leasing Policy

Promoter s Introduction to Land Compensation. Colin Smith FRICS

Off-the-plan contracts for residential property. Submission of the Law Society of New South Wales

2018 Planning and Environment Law Assessment Requirements

FSM MINERALS AND GEOLOGY WO AMENDMENT EFFECTIVE 6/1/90 CHAPTER MINERAL RESERVATIONS AND OUTSTANDING MINERAL RIGHTS.

COOPERATION BETWEEN BUILDERS AND REAL ESTATE BROKER/AGENTS

Environmental Planning and Assessment Act 1979

A Guide to Commercial Lease Alterations

COMPLIANCE APPRAISAL: SUMMARY OF RESULTS

Vendor's Statement KAVANT NOMINEES PTY LTD (ACN ) Property: Lot Mallacoota Drive/Daylesford Crescent/Frome Avenue, Kialla

Action P12: Develop a South West Priority Growth Area land use and infrastructure plan

Heathrow Expansion. Land Acquisition and Compensation Policies. Interim Property Hardship Scheme. Policy Terms

Queanbeyan Local Environmental Plan (South Tralee) 2012

LOCAL AUTHORITY WORKS PART 8 - PROCEDURE

ASX LISTING RULES Guidance Note 23

FOR SALE BY TENDER / CONDITIONAL OFFER

DISPOSAL AND APPROPRIATION OF LAND BY LOCAL COUNCILS

Stock Purchase Agreement Commentary

Assets, Regeneration & Growth Committee 11 July Development of new affordable homes by Barnet Homes Registered Provider ( Opendoor Homes )

Community Occupancy Guidelines

Classification: Public. Heathrow Expansion. Land Acquisition and Compensation Policies. Interim Property Hardship Scheme 1.

COMMUNITY AFFAIRS COMMITEE SOCIAL SERVICES LEGISLATION AMENDMENT (HOUSING AFFORDABILITY) BILL 2017

General Terms and Conditions of Hexpol Compounding, s.r.o. as of

Biodiversity Planning Policy and Guidelines for (LEP) Rezoning Proposals

A Guide to the Municipal Planning Process in Saskatchewan

Changes to the Residential Tenancies Act 1987

Radnor Township Township Solicitor

Introduction: Model Cows Lease Agreement for Dairy Stock

Assets, Regeneration & Growth Committee 17 March Development of new affordable homes by Barnet Homes Registered Provider ( Opendoor Homes )

Landlord s Application for Assistance to The First-tier Tribunal for Scotland (Housing and Property Chamber)

16/11/2016. The relationship between planning consent and other permitting regimes. Introduction. Introduction. The developer s security

Kaufland Stores in Victoria Advisory Committee

Request for Proposal to Develop a Land Use Master Plan

Your property and compulsory purchase

THINGS YOU NEED TO KNOW ABOUT 6OWNING IN STRATA

TENANCY APPLICATION. Find attached the New Tenant Checklist released from Fair Trading NSW What you must know before you sign the lease.

Transcription:

Mining and the law: what you need to know Gundaroo 18 September 2013 Belinda Rayment Solicitor Emily Ryan Outreach Solicitor

Information, not advice The information contained in this workshop is a guide only and is no substitute for legal advice relating to your particular issue. If you need legal advice about your particular issue, please call our Environmental Law Advice Line.

Free legal advice, fact sheets and updates EDO NSW runs a free Environmental Law Advice Line Monday Friday 2pm-5pm 02 9262 6989 or 1800 626 239 Fact sheets are available on our website: www.edonsw.org.au For updates on environmental law and policy, sign up to our weekly ebulletin today

Find Legal Answers www.legalanswers.sl.nsw.gov.au Practical, plain language resources Regularly updated In all NSW public libraries and online For in-depth research contact the Legal Information Access Centre (LIAC), State Library of NSW on 9273 1558 or liac@sl.nsw.gov.au

EDO NSW publication on mining and CSG law Now available Order your free copy today Postage is free You can order bulk copies

Workshop overview Introduction to mining law in NSW Exploration Mining Commonwealth Approvals Access arrangements Landholder rights and responsibilities Policy developments Legal options Image: Gold mine, Cobar NSW. Amanda Slater

INTRODUCTION TO MINING LAW IN NSW

Current mining titles in NSW All activities require approval Exploration licences Assessment leases Mining leases Planning consent (if required)

Current mining titles in NSW http://nswtitles.minerals.nsw.gov.au/nswtitles/

Current mining titles in NSW

Current mining and CSG titles and applications in NSW

Current mining titles and applications in your region

EL8051 CGNM RESOURCES PTY LTD Mineral exploration licence Granted 9 Jan 2013 Expires 9 Jan 2015 Information taken from http://nswtitles.minerals.nsw.gov.au/nswtitles/

EL8133 LACHLAN METALS PTY LTD (wholly owned subsidiary of Centrex Pty Ltd) Mineral exploration licence Granted 8 July 2013 Expires 8 July 2015 Information taken from http://nswtitles.minerals.nsw.gov.au/nswtitles/

EXPLORATION

Process Invitation to apply for Exploration Licence (tender) Application must be published in State and local newspaper Public comment only for coal and CSG Determination (granted or rejected) Environmental Assessment (REF) & Access Arrangement with landholder required before work can start

Commenting on exploration licence applications Coal and CSG only http://www.resources.nsw.gov.au/titles/current-coal-and-petroleum-explorationlicence-applications

Restrictions on exploration houses, gardens, and improvements Exploration cannot be carried out on the surface of land within: 200m of your house; 50m of your garden; or On any significant improvement. Don t give written consent if you don t want exploration on these areas.

Restrictions on exploration exempted areas Image: Hot Gossip Productions Image: PG Palmer

Restrictions on exploration National Parks and other Special Areas Image: Percita

Renewals Exploration licences for minerals can be renewed up to 2 months before the licence expires The licence will continue to have effect until a decision on the renewal application is made The licence can be renewed subject to new conditions There is no requirement to notify the public of a renewal There is no official opportunity for the public to comment but if you are aware of an application you can write to the decisionmaker.

MINING

Two-stage approval process Mining Lease Development Consent Trade and Investment NSW Department of Planning and Infrastructure Lease approval process SSD approval process

Process for granting a mining lease Application Public notification Environmental assessment (Development Consent ) Decision

Renewals Mining leases can be renewed not earlier than 5 years and not later than 1 year before the lease ceases to have effect The lease will continue to have effect until a decision is made The renewed period cannot exceed 21 years The lease can be renewed subject to new conditions No requirement to notify the public No opportunity for the public to comment but if you are aware of an application for renewal there is no reason why you can t write to the Minister.

Development consent process The process depends on the type of development Mines typically fall within one of two types: o State Significant Development o Designated Development

Development consent process State significant development Director-General issues Environmental Assessment Requirements Proponent consults with local council, government agencies and the community in preparing an EIS Proponent lodges the Application and EIS Department exhibits the Application and EIS for minimum of 30 days

Development consent process State significant development (continued) Submissions Proponent receives submissions (may lodge a response) Department finalises assessment and consults local council and agencies on draft conditions of consent (if any) Minister (or PAC) makes the decision

Finding out about State significant development www.planning.nsw.gov.au

Planning Assessment Commission (PAC) Planning body. Consists of a Chair and between 3 and 8 members appointed by the Minister for Planning. The PAC can help the Minister review a project or can be delegated approval functions. http://www.pac.nsw.gov.au/

Development consent process Designated development Application with EIS Exhibition for 30 days Public submissions Council or JRPP makes decision

Finding out about designated development Council website Council chambers Newspaper circulating the local area

Matters to be considered by decision-maker Any environmental planning instrument (such as a LEP). The likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The suitability of the site for the development. Public submissions. The public interest.

Other environmental approvals Generally, other environmental approvals are either not needed or MUST be granted consistently with the development consent where development is SSD EPLs Exception: Water access licences Aquifer interference approval

Aquifer Interference Policy Applies to the whole State. Clarifies that all water take needs to be accounted for and licenced. Sets out how potential impacts to aquifers should be assessed (minimal impacts). Ensures that these impacts are considered upfront as part of the assessment process for mining and CSG proposals either: Through the Gateway Process (in regions where SRLUPs apply); or At the development assessment stage.

Aquifer Interference Policy - Assessing aquifer impacts Office of Water scientific assessment of the project against minimal impact considerations Minister for Primary Industries provides advice on aquifer impacts during the development This advice is made public and must be taken into account by the consent authority

Application of local zones SSD cannot be approved where such development is wholly prohibited in the zone. Consent can be granted where the development is only partially prohibited. Spot re-zonings to facilitate development where prohibited in the zone.

Restrictions on mining agricultural land You can object to the granting of a mining lease on the grounds that the land is agricultural land. You have 28 days to object from the day you are notified that a mining lease application has been lodged. Image: Tim J Keegan

Restrictions on mining houses, gardens and improvements Mining cannot be carried out on the surface of land within: 200m of your house; 50m of your garden; or On any significant improvement. Don t give written consent if you don t want exploration on these areas. Image: Milkwooders Nick & Kirsten

Restrictions on mining and petroleum production National Parks Image: Percita

COMMONWEALTH APPROVALS

Matters of national environmental significance World heritage values of declared World Heritage Area Ramsar wetlands of international importance Listed threatened species Listed migratory species Nuclear actions Commonwealth marine areas Great Barrier Reef Marine Park National heritage places Coal seam gas and large-scale coal projects likely to have a significant impact on water resources

ACCESS ARRANGEMENTS AND LANDHOLDERS RIGHTS AND RESPONSIBILITIES

ACCESS ARRANGEMENTS

Access arrangements Required for exploration only not required at mining stage. Access arrangement must be in place before exploration can commence. Landholder can negotiate access arrangement with company, but this is not compulsory. Company can take landholder to arbitration if no agreement can be reached within 28 days.

Access arrangements - Process Company serves notice of intention to negotiate an access arrangement on landholder Company provides landholder with standard access arrangement Landholder and company may negotiate an access arrangement If no arrangement within 28 days the company can seek arbitration

New template for mining access arrangements http://www.resources.nsw.g ov.au/landholderinformation/template-forland-access Not compulsory

Arbitration Arbitrator will attempt to get the parties to agree (conciliated agreement). If no agreement, Arbitrator can make a determination (interim), including draft access arrangement. Either party can ask the arbitrator to make changes to the interim determination (within 14 days). Arbitrator then makes a final determination and this is served on the parties. Either party can appeal to the LEC within 14 days.

Access arrangements matters to be covered Access routes and mining sites Permitted activities Notice of access Times of access Logbooks for entering and leaving the property OH&S provisions Indemnity Insurances

Access arrangements matters to be covered Environmental protection Rehabilitation Legal costs Dispute resolution The duration of the arrangement The manner of varying the arrangement (including termination) Compensation to be paid

Access arrangements tips for negotiating Don t sign without seeking legal advice first. Make the arrangement as detailed as possible. Consider whether you want the arrangement to apply to any future mining activities. Come up with your own comprehensive access arrangements. Speak to your neighbours agree on standard terms. Check for confidentiality provisions do you want to be able to speak to your neighbours and others about your agreement?

LANDHOLDER RIGHTS AND RESPONSIBILITIES

Landholder rights enforce the company s legal obligations If the company breaches the access arrangement, you can deny access until the breach is fixed. If the company breaches conditions of consent, you can report to the Division of Resources and/or take legal action yourself. If the company exceeds their authority, they may be guilty of trespass and you can seek an injunction to prevent this. If the company causes unauthorised environmental damage you can report the incident to the Office of Environment and Heritage or EPA or commence enforcement action yourself.

Compensation Landholders are entitled to compensation for compensable loss caused by mineral exploration or mining activities Compensation only available where the operations affect the surface of land. This includes crops, trees, grasses or other vegetation. You can come to an agreement as to compensation or have the compensation assessed by the Land and Environment Court. Image: Martin Howard

Selling your land No legal obligation for mining company to purchase your property May be a condition of consent for the mining company to offer to purchase your property if certain thresholds are reached (noise, dust etc.) The company has to pay you the current market value of the land.

Monitoring and enforcing mining or development consent conditions Conditions of consent are legally binding. Management plans such as vegetation management plans often form part of the consent and are legally binding. Breaches should be reported to the Department of Planning and Infrastructure. If Minister fails to act, you can bring third party enforcement action. Pollution licences and water licences are also enforceable.

Landholder obligations Must grant access in accordance with access arrangement Be aware of legal and financial consequences of denying lawful access If conditions of access arrangement breached access may be able to be lawfully obstructed

MINING AND CSG LITIGATION AND POLICY DEVELOPMENTS

POLICY DEVELOPMENTS

Proposed amendments to Mining SEPP New aim added to the SEPP to promote the development of significant mineral resources Prioritising the significance of a mineral resource as principal consideration Non-discretionary development standards for environmental & social impacts Amendment to move consideration of existing mining projects out of Part 3 existing land uses e.g. conservation, agriculture are downgraded to existing mines are not Requirement to consider OEH certification (adequacy of mitigation/offsetting) Read our submission http://www.edo.org.au/edonsw/site/pdf/subs/130809miningsepp amendments.pdf

LEGAL OPTIONS

Case study: effective engagement Maules Creek Community Council obtained $10,000 from Boggabri Coal to respond to the EIA for a proposed expansion of mining operations Image: Kate Ausburn Image: Maules Creek Community Council

Case study: effective engagement Image: Glen McCurtayne

Hunter Environment Lobby v Ashton Coal Minister for Planning & Infrastructure and Ashton Coal Operations Pty Ltd Image: Glen McCurtayne LEC - Class 1 - Economics - Aboriginal Cultural Heritage - Economics - Engineering - Health - Air Quality - Noise - Social Impacts

Case study: Merits appeal Successful Challenge approval of expanded coal mining activities near Bulga in the Hunter Valley Community concerned about mine s: Biodiversity impacts Social impacts Noise Dust Solistalgia (loss of place) The Court upheld the appeal and disapproved mine extension Warkworth & the NSW Government have appealed this decision to the NSW Court of Appeal Image: Kate Ausburn

Case study: Judicial review Unsuccessful challenge to the approval of Gloucester Gas Project on grounds that: The PAC failed to consider the precautionary principle; The conditions of consent could result in a significantly different development. Image: Kate Ausburn

Case study: Third party enforcement NSW pollution laws Delta admitted to polluting Coxs river in breach of its pollution licence. Case brought by a community group because DECCW failed to act. Image: picsbyclive

Costs Land and Environment Court: Merits appeals Each party bears their own costs. Judicial review Loser pays the winner s costs. Court can exercise discretion not to award costs in public interest matters. Other orders include security for costs and protective costs orders.

MORE INFORMATION

More information EDO ebulletin A free bulletin with weekly alerts on new major project listings and links to the Department s website. The Department of Planning and Infrastructure website lists all SSD project proposals. The Division of Resources and Energy website has info on licences/leases (under Mining and Petroleum Titles). EDO Fact Sheets: Planning and development Fact Sheets. Mining/CSG Fact Sheet..

More information Sign up to receive the EDO NSW s latest book Mining Law in SNW: A guide for the community Covers everything we have covered today and more

Free legal advice, fact sheets and updates EDO NSW runs a free Environmental Law Advice Line Monday - Friday 2pm-5pm 02 9262 6989 or 1800 626 239 Fact Sheets are available on our website: www.edonsw.org.au For updates on environmental law and policy, sign up to our weekly ebulletin

Support our work Your support for EDO NSW will help us to: Provide legal advice and representation; Promote changes to environmental laws; and Provide community legal education. Donations are tax deductible http://www.givenow.com.au/edonsw