Parliamentary Paper No. 362/1981
The Parliament of the Commonwealth of Australia
SAKDMIHING ON MORETON ISLAND
House of Representatives Standing Committee on Environment and Conservation
Report
October 1981
The Commonwealth Government Printer Canberra 1982 © Commonwealth of Australia 1982
ISBN 0 644 01695 7
Printed by Authority by the Commonwealth Government Printer HOUSE OF REPRESENTATIVES STANDING COMMITTEE ON ENVIRONMENT AND CONSERVATION
TERMS OF REFERENCE
That a Standing Committee be appointed to inquire into and report on: ; (a) environmental aspects of legislative and administrative measures which ought to be taken in order to ensure the wise and effective management of the Australian environment and of Australia's natural resources, and ' • (b) such other matters relating to the environment and conservation and the management of Australia's natural resources as are referred to it by: (i the Minister responsible for those matters, or (ii) resolution of the House.
MEMBERS OF THE COMMITTEE IN THE 32ND PARLIAMENT Chairman Mr J.C. Hodges, MP Deputy-Chai rman Dr H.A. Jenkins, MP Members Mr M.A. Burr, MP Mr E.G. Cameron, MP Mr P.H. Drummond, MP Mr B.L. Howe, MP Mr A.J. Mackenzie, MP Mr S.J. West, MP Secretary Mr J.R. Cummins
CONTENTS
Chapter • Paragraph 1. Introduction 1 2. Moreton Island 4 Description 4 Moreton Island Impact Study . 7 Committee of Inquiry into Moreton Island 10 Conservationist View 13 3. Conclusions 18
Appendix 1 Dissent Appendix 2 Map of Moreton Island Appendix 3 Recommendations of Committee of Inquiry on the Future Land Use of Moreton Island
CHAPTER I INTRODUCTION
1. The Committee has received many representations concerning sandmining on Moreton Island.
2. Inspections were conducted on Moreton, Stradbroke and Fraser Islands on 11-12 September 1981. During this visit the Committee was accompanied by and held informal discussions with mining company representatives, conservationists and residents.
3. On 14 October 1981 the Committee resolved to report to the Parliament on sandmining on Moreton Island. The Committee decided to report without inquiry, not only because of its commi tments to other inquiries but also because legislative mechanisms exist which would allow an Inquiry to be undertaken by the Commonwealth Government. It is emphasised that while Members hold personal views on sandmining on the Island, as a Committee no decision opposing or supporting sandmining has been made.
1. .:-,:.. CHAPTER II . " • ••• • /. , . , ••... \ \,_ MORETON ISLAND : ,. . . •-' •/'
Description ,• ,. ; ;
4. ..: Moreton Island is a sand mass of 18,960 'hectares, lying; 4 0 ki-l-oirtet.res .of f shore from Brisbane. Together,- -with the' o.ther sand islands, Bribie Island and North and South Stradbroke Islands, Moreton Island forms the eastern boundary of Moreton Bay. . The Island has been .formed from .quartz sands which are weathered from,rocks on the Great Dividing Range.-and; then carried to the sea by the rivers of northern New South Wales and southern Queensland. - • •' . • • ,-...-.,'••
5. The Island has only 4 small villages and its sand dune structure and' associated biota give, it an. important1 scientific and scenic value. Parts of the Island are. relatively flat and contain many dune lakes. Mt Tempest (280 metres) is reputed to be the highest .sand dune in the world. Archaeological evidence shows that the Island was inhabited from about 3,000 years ago. Although only 40% of the Island has so far been surveyed more than 400 sites have been recorded including rock tool areas, shell middens, dinner camps and village sites.- -. • -;
6. Moreton Island, was entered on the Register of the National Estate on -25 August 1981. ' :'. ' ..
Moreton Island Impact Study
7. Following controversy on the possible land use on Moreton Island the Queensland Government in. October 1975 commissioned the consultants A .-A. Heath and Partners to carry-but, an environmental study of the island and make recommendations'1on its future land • • use. In advertising its inves't.igat ion.; the consultants advised, that the Queensland Government had di rected' 1 that an independent body carry:out a total environmental impact
2. • study and strategic plan for Moreton Island taking account of the environment aspects of options for land use and development in respect o£ national parks, tourism, residential, recreational and mining prospects.
8. • ' " In April 1976 the consultants report was forwarded to the Queensland Government. The major findings of the Heath^Report included: •*
. * major impacts of human land use are confined 'almost entirely to within 500 metres of the beach;
feral horses and goats have caused serious breakdown of .frontal dunes;
serious long term erosion exists at various parts of the island;
... '. . ar need for a program of scientific monitoring to safeguard the- eco-system of the island;
• "..• • .' sandmining . should be excluded from the western escarpment of high dunes which face Moreton Bay;
• , - . most of the Island should .be converted to a ' . : . combination of national and environmental parks; and
i that, the whole of .Moreton Island should be placed •under- the management of a single authority.
9. The, consultants devised, two preferred strategies. Strategy A allowed no sandmining. Strategy B allowed limited sandmining on approximately 7% of the Island where according to the consultants much of the landscape was degraded by overgrazing and other causes. Strategy B would permit access to 42% of the total heavy mineral on the Island and would leave 93% of the land undisturbed by mining.
• ". ' • • 3. Committee of Inquiry into Moreton Island , :
10. In July 1976 the Queensland Government appointed a Committee of Inquiry under the Commission'sof Inquiry Acts, 1950 to 1954 (Cook Inquiry} to make a full examination of the preferred strategies outlined in the Heath Report. The Committee of Inquiry reported to the Government in March 1977.
11. The Committee found that the interests of the Region and the State would be best served by permitting, with some minor modifications the limited amount of mining proposed in Strategy B of the Heath Report. The Committee emphasised that such mining should be strictly controlled and rehabilitation measures adequately supervised and that mining lessees put up. a sufficiently high deposit, guarantee, indemnity or bond to ensure the fulfilment of all the conditions of mining,
12. Following receipt of the Cook report the Queensland Government established an interdepartmental committee to consider its findings. On 23 June 1981 the Queensland Government announced that it had decided to accept the recommendations of the Cook report which allows mining of 6.4% of the Island with 91.2% becoming a national park.
Conservationist View
13. The Moreton Island Protection Committee believes that sandmining is incompatible with conserving Moreton Island as it would endanger the ecological integrity and destroy the natural recreational values that presently attract so many people to the Is land. Sandmining involves the complete removal of all vegetation in mining areas causing changes to water bodies, soil structure and topography which it is claimed is virtually impossible to restore to original condition. Sandmining would have an impact on the current increasing recreational use of the
4. Island. It is argued that an estimated 200 archaeologic-a'l sites could be lost altogether if sandmining occurs.
14., The Moreton Island Committee argues that the value of Moreton Island's natural state is enhanced because of its proximity to Brisbane and the growing recreational needs of the population, in South East Queensland. No other coastal :.;area in South East Queensland is able to provide the nature based recreation which exists on Moreton Island.
15. This year the Queensland Conservation Council commissioned a publie opinion poll in the Moreton region which showed that 68.1% of those polled opposed any mining of the Island.
•16. The conservation movement argues that the Cook Report is now outdated as a result of significant archaeological finds and new scientific evidence about the natural dune sheet in the north east corner of the Island. Recreation use has increased approximately 1400% since the report was published and that most usage Is in the proposed mining areas.
17. Before minerals from the Island can be exported, approval must be given by the Commonwealth Government. Given this Commonwealth involvement the conservation movement has called for a Federal inquiry.
5. CHAPTER III CONCLUSIONS
18. While the more recent rehabilitation work which the Committee saw on other islands was impressive the Committee notes the arguments against allowing mining on .Moreton Island particularly those relating to new evidence on degradation and archaeologleal sites and increased recreational usage since the publication of the Cook Report.
19. The Commonwealth Government is directly Involved with Moreton Island because before minerals mined on the Island can be exported from Australia, approval must be given by the Commonwealth Government.
20. As Moreton Island has been listed on the Register of the National Estate the Australian Heritage Commission Act 1975 applies. Section 30 of the Act provides that before the Minister takes any action which adversely affects a place on the Register of the National Estate he must be satisfied that there is no feasible or prudent alternative, to the taking of that action. Section 44 of the Act provides that the Minister may direct a public inquiry under the Enyi ronment Protection (Impact^ of Proposals)^ Act 1974 into any proposal likely to affect a listed place.
21. The public hearing provisions of the Enyironment Protection (Impact of Proposals) Act 1974 may be invoked Independently of the Heritage Act. Section 5 of the Environment Protection Act states that the object is to ensure to the greatest extent that is practicable, matters affecting the environment to a significant extent, are fully examined and taken Into account. Section 11 of the Act provides that the Minister may direct a public inquiry.
6. 22. The Committee believes that before the Commonwealth approves the export of minerals a public inquiry should be conducted. Accordingly, the Committee recommends that:
before approval is given for the export from Australia of minerals mined on Moreton Island a public inquiry into the impact of sandmining of Moreton Island be undertaken under Section 11(1) of the Environment Protection (Impact of Proposals) Act 1974. -:•;= .
J.C. HODGES Octoberl981 Chalrman
7. • • . APPENDIX 1
DISSENT BY MR BURR AND MR DRUMMOND . .
Pursuant to Paragraph 18 of the Committee's Resolution of Appointment we add this dissent to the, Committee's Report.
We cannot support the Committee's . recommendation directing the Commonwealth Government to conduct a. public inquiryunder the Environment Protection (Impact of Proposals) Act 1.974. We note that the proposal to mine Moreton Island has been ,.subject to investigation by A.A. Heath and Partners, the Committee of Inquiry on the Future Land Use of Moreton Island and an interdepartmental ' committee established by the Queensland Government. The Government has complied with the agreed procedures for environmental assessment in Queensland.
A.A. Heath and Partners undertook an. extensive examination of Moreton Island and produced the Moreton Island Environment Impact Study and Strategic Plan. The Heath Report is a document of over 400 pages of analysis, maps and technical papers. Twenty eight specialists from many disciplines contributed to the study. The Queensland Government appointed the Committee of Inquiry into the future land use of Moreton Island, under the Chairmanship of Mr N.J. Cook, to conduct a public inquiry into the recommendations of the Heath Report. The Committee' sat for 43 days,, heard evidence from 74 witnesses and took 2686 pages, o.f evidence. In addition the Committee conducted extensive inspections of areas in Queensland and Northern New South Wales.
It is our view that little would be achieved by yet another Inquiry. We recognise the statutory requirements placed on the Commonwealth Government by the Australian Heritage Act 1975 and the Environment Protection .(I.jnp.ac.t: of Proposals) Act • 1974 but note that the Commonwealth can fulfil its statutory obligations without resorting to a public inquiry. We note the comments made concerning new evidence relating to the dunes in the north east corner of the Island and the possibility that important archaeological sites may be destroyed by mining. Under the Environment Protection {Impact of Proposals) Act the Minister for Science and the Environment may require additional information on any proposal. It is pur view that the information relating to sand movement and archaeological sites can be obtained without public Inquiry. In addition Section-29 of the Australian Heritage Commission Act allows the Heritage; .-.Commission to furnish a report to the Minister. Such a report could include matters which are of concern to the conservationists, again .without resorting to an inquiry. . •
M.A. BURR P.H. DRUMMOND e VWee! TANGALOOMA k Proposed Sand C~~) Crob Mining Area I ! island More ton Banks APPENDIX III COMMITTEE OF INQUIRY ON THE FUTURE LAND USE OF MORETON ISLAND The Committee of Inquiry—Future Land Use—Moreton (ii) The Nationa! Parks and Wildlife Service, after con- Island, in accordance with Orders in Council of the fifteenth sultation with the proposed Moreton Island Planning Advisory day of July, 1976, and ihe eleventh day of November, 1976, Committee (see Section 10.6) prepare and submit to the makes the following recommendations— Government for approval a detailed plan for developing and managing the new National Park on the Island with a view Future Land Use Sirategy to the Service assuming control of Ihe Park at an early date- The fmure land use of the Island, subject to the variations, clearly this should include stationing an officer of the Service conditions and procedures defined elsewhere herein, be as on the Island. described in Strategy lLB" of the Heath Report. The imple- fiii) Subject to rehabilitation being completed to the satis- mentation of Strategy "B" as modified would mean, inter alia, faction of the Minister for Mines and Energy and the National that— Parks and Wildlife Service mined areas on Morelon Island (a) subject 10 (b) hereunder, the long term land use be progressively incorporated into the National Park. of the major part of. the Island would be substanti- ally that of a National Park (as provided for in (iv) In the event of previously mined areas not being the Forestry Ac! 1959-1976) but with provision suitable for incorporation into the National Park, such areas for land not acceptable as a National Park being be declared Environmental Parks, proclaimed an Environmental Park (under She (v) The National Parks and Wildlife Service give con- Land Act 1962-1975); sideration io zoning an area of the new National Park (as (b) provision would also be made for other long term recommended by the Committee) for scientific study purposes. and short term uses as set out in the other (Sections 4.9 and 7.7) recommendations. Policies to be adopted in the planning and management Mineral Sand Mining of Moreton Island be in conformity with the principle that, (i) In the short term and subject to certain conditions except as otherwise provided in the recommendations con- herein specified, mining for heavy minerals should be permitted tained in this Report, the future of Moreton Island in the in those areas recommended for such usage in terms of long term be that of a National Park providing recreation Strategy "B", but with the exclusions and changes in location for the public. as proposed in succeeding paragraphs. (Section 7.1) Areas where sand mining should be permitted Summary of Proposed Land Use (a) S.M.L. 930, D.L. 1126, D.L, 1120 (Lessee— Tangalooma Minerals Proprietary Limited which Short Term company is a subsidiary of Associated Minerals Consolidated Limited) National Park Appro*. 17 300 ha or 91-2% of the Island The whole of the ore body, if the safeguards, set out herein, regarding Blue Lagoon and other Mining Approx. 1200 ha or 6-4% of the Island water bodies can be met—if not, ihen mining should be confined to the area of the- leases Other uses (including roads) Approx. 400 ha or 2-4% of the Island delineated by the Heath Report in Strategy "B". (b) S.M.L. 1105 (North-eastern severance) and S.M.L. Long Term 1106 • (These are applications for leases only, the applicant being Mineral Deposits Limited) National Park Approx. 18 500 ha or 97-6% The whole of the ore body contained in the north- of the Island eastern severance of S.M.L. 1105 and a narrow Other uses (including roads) Approx. 460ha or 2-4% of strip of S.'M.L. 1106 adjoining the north-eastern the Island severance of S.M.L. 1105 on the western side thereof (restricted to the Jess constrained land Extension of National Park east of the ridges) provided certain safeguards, (i):,Except for those lands for which aifernative uses set out herein, regarding Eagers Swamp and are recommended elsewhere, and lands already held as lease- other water bodies can be met—if not, then hold under the Land Act 1962-1975 or freehold or contained mining should be confined to the area of the in Reserves, Moreton Island be declared a National Park lease delineated in the Heath Report in under the provisions of. the Forestry Act 1959—1976. Strategy "B". (c) M.L. 1130\'- D.L. 1119 (Lessee—Tangalooma new conditions of mining. An Annexurc which forms part Minerals Proprietary Limited, which Company is of the recommendations, provides guidelines for the formula- a subsidiary of Associated Minerals Consolidated tion of these conditions. Limited) (v) The Minister for Mines and Energy take steps lo The whole of the ore body contained in that part halt mining immediately any breach of. ihe conditions of of the leases adjoining or adjacent to the north- the lease becomes evident. eastern severance of S.M.L. 1105 provided the (vi) There be an absolute minimum of interference with safeguards, set out herein, regarding Eagers other activities and the recommended long term use of ihe Swamp and oth;r ore bodies can be met- if Island. not, then mining should be confined to the area . pf.,vj.he leases delineated in the Heath (vii) The mining lessees be required to. make financial Report ,in;.Strategy "B". contributions, satisfactory to the Minister for Mines and Energy, towards the construction of roads, jetiies or any (d) M.L. 10'4$ '(Lessee—Mineral Deposits Limited) other works as directed by the Minister. That part of the ore body contained in the area (viii) There be established a Committee to be known : delmeate'd 'on the map shown as Figure 7.1, as ihe Moreton island Mining Advisory Committee, (he provided 'the safeguards as hereunder set out functions of the Committee being to advise the Minister regarding Blue Lagoon and other water bodies for Mines and Energy on mining on .Moreton Island.as it in or adjacent to the mining areas can be relates to existing or proposed land uses; and in particular met—if not, then mining should be excluded ihose mutters referred to in (ix) below. from the water bodies by means of a buffer zone as set out in Sirategy "B" of !he Heath , (ix) The proposed Moreton Island Mining Advisory Report. (It is to be noted that the area Committee advise the Minister for Mines and Energy on delineated by the Committee differs from the such specific matters as— area defined in Strategy "B" on the north and (a) mining plans and ancillary works; the north-wesSern boundary—this is occasioned (b) the provision of roads,' jetties and other works by the fact that the Committee chooses to including any contribution to be sought from the adopt as far as possible higher ground and mining companies; watersheds as its boundary of "the mining area.) (c) the performance of lease conditions • and possible (e) S.M.L. 1107 (This is ' an application for a lease action for breaches of such conditions; and only, (he applicant being Mmerai Deposits Limited) (d) the effectiveness of rehabilitation. That part of the ore body north-east of Bulwer (x) The proposed Moreton Island .Mining Advisory as delineated in the Heath Report Sirategy "B". Committee be comprised of— Area proposed for sand mining in Sirategy "B", but which A senior technical officer of the Department of Mines ihe Committee considers should not be mined (Chairman); The Director, National Parks and Wildlife Service; ({) M.L. 1138, M.L. 1016 (These are applications An Agronomist or a person of an allied discipline for leases only, the applicant being Dillingham Constructions Pty. Ltd.) from Ihe Beach Protection Authority; An Agronomist or a person of an allied discipline That part of the ore body at Comboyuro Point from the Department of Primary Industries; as delineated for mining for heavy minerals in Strategy "B" of the Heath Report, An officer of the Department of Aboriginal and Islanders' Advancement, (ii) All mining tenures, including applications for leases with power to co-:opt other officers of ihe Public Service and authorities to prospect, which, either'wholly or in part, when considered appropriate in dealing with particular issues. cover areas which the Committee does not recommend for mining should be terminated by negotiation or resumption (xi) The proposed Commiltee meet and make inspections and no further mineral sand mining leases, other than those of all mining and associated works on the Island as often set oui in (iii) below, or permits to prospect for minerals as may be required but in any case at intervals of no longer should be granted. than six months duration. (xii) As often as may be desired, and, in any case, (iii) In respect of those mining leases where it has at intervals of no longer than six months, the proposed been recommended thai mining for heavy minerals be per- Committee furnish a report through the Under Secretary, mitted, the following action be taken:— Department of Mines to the Minister for Mines and Energy, {a) Existing leases be terminated; upon the progress of mining, rehabilitation and any other relevant matters concerning ihe Island. The Committee should (b) Leases, subject to (iv) below should be granted also draw the Minister's atient.ion to any 'non-satisfactory to cover the mining of the ore bodies recommended compliance with the conditions of mining and ancillary works "by the Committee—-this should proceed contem- together with the remedial measures it recommends. If the poraneously with the actions mentioned in (ii) mining company fails to respond to any direction issued and (iii) (a) above. as a result the Minister should take action as outlined in (iv) Mining leases henceforth granted for areas on (v) above. • . Moreton Island be subject to stringent and in many instances . • {Section 7.2) Environmental Protection and-Rehabilitation , (k) Rehabilitation processes to;-proceed progressively as closely as practicable in time after completion Thai approval of mining plans, rehabilitation processes of mining of a particular pan. and environmental protection measures be in accordance, inter (Section 8.2) alia, with the following principles:— (a) Sand dunes encroaching on Eagers Swamp, Blue Silica Sand Mining Lagoon' or any other substantial surface water (i) Ail alternative sources of supply of foundry sand body be stabilised at the mining lessees' cost; be thoroughly explored before recourse is had to any deposits on Moreton Island. (b) No mining to be'permitted on any area containing (ii) A limited .amount of silica sand mining might be Eagers Swamp, Blue Lagoon or any other sub- permitted on Moreton Island (but ;