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Chapter 6 Legislative Framework

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Chapter 6 Legislative Framework LEGISLATIVE FRAMEWORK 66 6.1 INTRODUCTION Government’s assessment process have been integrated into the existing collaborative process (see Table 6.1). This chapter describes the main legislative requirements for the proposed expansion, including whole-of-project approvals and The proposed Olympic Dam expansion requires approval from: permits/licences for specific activities. It identifies the Australian, South Australian and Northern Territory • the Australian Minister for the Environment, Heritage and governments’ requirement that an EIS be prepared, and the Arts under the provisions of the Environment Protection identifies the key legislation, policy, standards and codes of and Biodiversity Conservation Act 1999 (EPBC Act) practice that are relevant to the proposed expansion. A review • the South Australian Minister for Mineral Resources of the proposed expansion against local and regional statutory Development pursuant to the provisions of the Roxby Downs planning instruments is also provided. (Indenture Ratification) Act 1982 (Ratification Act), the Indenture scheduled to that Act (Indenture) and the The opportunities for comment throughout the environmental Development Act 1993 approvals process are identified. These include consultations • the South Australian Minister for Urban Development and during the EIS process and opportunities to make formal Planning under the Development Act 1993 submissions to the government during the public exhibition • the Northern Territory Transport and Infrastructure Minister period. Comments and submissions received in writing by to undertake works at the Port of Darwin under the Darwin the South Australian Department of Planning and Local Port Corporation Act. Government will be addressed in a separate Supplementary EIS/Response Document (referred to in this document as the Supplementary EIS). The relevant minister for each jurisdiction has agreed that a single Draft EIS and a single Supplementary EIS be prepared for the purposes of these approvals processes. 6.2 ASSESSMENT AND APPROVALS PROCESS The studies and investigations undertaken for the proposed The Department of Planning and Local Government is the South Olympic Dam expansion have occurred over a number of years Australian Government agency coordinating the collaborative and the project configuration has been modified over time to assessment process under the joint government framework set maximise its environmental performance, operational efficiency out in the Guidelines for an Environmental Impact Statement on and economic return. Initially, processing of the ore was to have the proposed expansion of the Olympic Dam operations at been undertaken solely at Olympic Dam, and to have required Roxby Downs (see Appendix A1), the South Australian both Australian and South Australian governments’ assessment Government Guidelines for an Environmental Impact Statement and approval, resulting in a collaborative assessment process on the proposed expansion of the Olympic Dam operations at being developed (see Table 6.1). As the project configuration Roxby Downs, Second Declaration (see Appendix A2) and the was modified and further defined, the use of the Port of Darwin Northern Territory Government Guidelines for Preparation of an to export copper concentrate containing recoverable quantities Environmental Impact Statement, Olympic Dam Expansion (NT of uranium oxide, gold and silver (hereafter termed concentrate) Transport Option) Project (see Appendix A3). For the purpose of triggered the involvement of the Northern Territory the Draft EIS, these guideline documents are collectively termed Government. The requirements of the Northern Territory hereafter the EIS Guidelines. Olympic Dam Expansion Draft Environmental Impact Statement 2009 203 Table 6.1 Summary of the key stages and timing of the joint government assessment process Stage Stage description Australian governmental process South Australian governmental Northern Territory governmental process process 1 Submission of Project referral – Project proposal – Notice of Intent – start-up documents lodged 15 August 2005 lodged 15 August 2005 lodged 4 June 2008 by proponent 2 Decision on A controlled action with the Major Development declarations Proposal is environmentally start-up documents controlling provisions listed State Government Gazettes significant and warrants threatened species, listed 15 September 2005, 14 December assessment under the migratory species, Ramsar wetlands, 2006, 10 April 2008 and Environmental Assessment Act – Commonwealth land and nuclear 21 August 2008 (First Declaration) decision dated 2 September 2008 action (decision dated and State Government Gazette 2 September 2005) 21 August 2008 (Second Declaration) 3 Decision on level of Assessment is by means of an Assessment is by means of an Assessment is by means of an assessment EIS – decision dated 8 November EIS – decision dated EIS – decision dated 2 September 2005 and based on a Preliminary 7 September 2005 (First Declaration) 2008 Information document provided to and 18 August 2008 (Second government on 30 September 2005 Declaration) 4 Development of Joint government draft guidelines As per the Australian Government Draft guidelines related to EIS guidelines were placed on public display process for development covered by proposed activities at the Port of 21 November to 16 December 2005. the First Declaration. Guidelines Darwin developed by NT Final guidelines published on applicable to development covered by Government were placed on public 31 January 2006 the First Declaration adopted with display 18 to 31 October 2008 and minor amendments by the Final Guidelines published in Development Assessment Commission November 2008 for the EIS required for development covered by the Second Declaration –23 October 2008 5 Preparation of Joint government guidelines As per the Australian Government As per the Australian Government Draft EIS require a Draft EIS to be prepared process process and submitted 6 Public exhibition of A 40 business day public exhibition A 40 business day public exhibition of A 40 business day public Draft EIS of the Draft EIS is proposed the Draft EIS (statutory period is exhibition of the Draft EIS (statutory period is not less than 20 minimum of 30 business days), and (statutory period is four calendar business days). During this period during that period, government weeks) and, during that period, a written submissions are to be sent organised public meetings at Roxby government organised public to the South Australian Department Downs, Whyalla/Port Augusta and meeting in Darwin. During this of Planning and Local Government Adelaide. During this period written period written submissions are to for compilation and forwarding to submissions from the public are to be be sent to the South Australian the Australian Government sent to the Department of Planning Department of Planning and Local Department of the Environment, and Local Government Government for compilation and Water, Heritage and the Arts forwarding to the Northern (DEWHA) and BHP Billiton Territory Government Department of Natural Resources, Environment, The Arts and Sport (NRETAS) and BHP Billiton 7 Preparation and A Supplementary EIS is required to As per the Australian Government As per the Australian Government lodgement of address written submissions process process Supplementary EIS received by the South Australian Department of Planning and Local Government during the public exhibition period 8 Government The Australian Government DEWHA The Department of Planning and Local NRETAS to prepare an assessment assessment is required to prepare an assessment Government to prepare an report for the Minister for Natural report for the Minister for the assessment report for the Minister for Resources, Environment and Environment, Heritage and the Arts Mineral Resources Development and Heritage within an agreed within a statutory timeframe of Minister for Urban Development and timeframe of 30 business days 30 business days Planning within an agreed timeframe of 30 business days 9 Minister’s decision Australian Minister for the South Australian Minister for Mineral Northern Territory Transport and Environment, Heritage and the Arts Resources Development decision Infrastructure Minister decision decision on approval or not, plus (First Declaration) and Minister for on approval or not, plus any any conditions of approval, within a Urban Development and Planning conditions of approval, within statutory timeframe of decision (Second Declaration) on an agreed timeframe of 30 business days approval or not, plus conditions of 30 business days approval, within an agreed timeframe of 30 business days 204 Olympic Dam Expansion Draft Environmental Impact Statement 2009 The stages and the timing of this collaborative assessment • protection of the environment from nuclear action – the process are described in Table 6.1 and were illustrated in proposed expansion involves mining and milling uranium ore Figure 1.10. The specific requirements of the project under the and the subsequent decommissioning and rehabilitation of relevant Australian, South Australian and Northern Territory the area in which these activities would occur. It also governments’ legislation are detailed in Sections 6.3, 6.4 and 6.5. involves establishing, significantly modifying, decommissioning or rehabilitating a facility where radioactive materials are at or above the activity level 6.3 AuSTRALIAN GOVERNMENT mentioned in Regulation 2.02 of the EPBC Regulations.
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