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. requirements The potential impacts of these activities are discussed in 6.3.1 approvals legislation Chapters 13, Greenhouse Gas and Air Quality; 22, Health The primary Australian Government legislation under which the and Safety; 23, Rehabilitation and Closure, and Appendix E4. expansion will be assessed is the EPBC Act. The EPBC Act facilitates national environmental assessment and approvals, Certain activities involving the components of the proposed protects Australian biodiversity and integrates the management expansion listed below have the potential to be categorised as of important natural and cultural places. Under the provisions ‘nuclear actions’ for the purposes of the EPBC Act. The impacts of the EPBC Act, actions that are likely to have a significant of each component have been assessed as part of the Draft EIS, impact on a matter of national environmental significance in particular: 6 (NES), or are nuclear actions, are subject to a detailed • open pit mine: Sections 4.3, 4.4, 5.4, 9.7.1, 20.5.3, 22.6.2, assessment and approvals process. 23.8.1, 23.9.1, 23.12.1

BHP Billiton submitted a project referral describing the activities • new metallurgical plant: Sections 4.5, 5.5, 9.7.1, 20.5.3, associated with the proposed expansion in accordance with the 22.6.3, 23.8.3, 23.12.2 EPBC Act on 15 August 2005 and varied on 27 October 2008. • TSF: Sections 4.7, 5.5.6, 9.7.1, 15.5.7, 20.5.1, 23.8.4 The Australian Government determined the proposed expansion • Port of Darwin: Sections 4.6, 5.9.5, 9.7.5, 16.3.12, 16.6.13, to be a controlled action. Of the seven matters of NES identified 23.8.12, Appendix E4. under the EPBC Act, four were identified as controlling provisions for the proposed expansion. The potential impacts on Protection of the environment from actions involving each of these controlling provisions are discussed in the Draft Commonwealth land (non-NES matter) was also identified as a EIS and detailed in Appendix E1. The four controlling provisions controlling provision for the proposed expansion. Parcels of are: Commonwealth land are located within the EIS Study Area and • wetlands of international importance (Ramsar wetlands) potential impacts are discussed in Chapter 9, Land Use (see also – the proposed gas pipeline corridor options are within the Appendix E1). same catchment area as the Coongie Lakes and Lake Pinaroo Ramsar wetlands. At its closest point the pipeline would be An assessment against the guiding principles of ecologically approximately 15 km from the boundary of the Coongie sustainable development (ESD) pursuant to the EPBC Act has Lakes Ramsar area, 102 km south-west of Coongie Lake and been undertaken and is provided as a summary in Chapter 25, 132 km west of Lake Pinaroo. There is no significant Cumulative Effects, and in Appendix E2. While not specifically hydrological connection between the pipeline routes and the required by the EIS Guidelines, the Cumulative Effects chapter wetlands. Proposed water extraction from the Great also touches on the nuclear fuel cycle and product stewardship Artesian Basin (GAB) has been ruled out as a primary water (see also Appendices E2 and E3). supply option (see Chapter 4, Project Alternatives) • listed threatened species and communities – the presence of 6.3.2 other legislation these species and communities within the EIS Study Area The purpose and objectives of other relevant Australian and potential effects on these are discussed in Chapter 15, Government legislation are identified in Table 6.2, and the Terrestrial Ecology implications of these Acts and the proposed expansion are • listed migratory species – the use of the EIS Study Area by addressed where relevant throughout the Draft EIS. these species and potential impacts are discussed in Chapter 15, Terrestrial Ecology The proposed expansion may require other Australian Government approvals. The list of approvals and legislative requirements identified in Table 6.2 is indicative of the types of approvals that may be required as part of the expansion. However the list is not exhaustive. A description of the approval processes for activity approvals has not been included as in most cases the process generally requires an application to be lodged for assessment and decision, leading to a permit or licence.

Olympic Dam Expansion Draft Environmental Impact Statement 2009 205 Table 6.2 Relevant Commonwealth legislation and approvals requirements

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency requirements Aviation Transport To establish a regulatory The proposed expansion An approved transport Department of Infrastructure, Security Act 2004 framework to safeguard involves the operation of security program would be Transport, Regional against unlawful an airport (see Chapter 5, required for the operation Development and interference with aviation Description of the of the Olympic Dam airport Local Government and establish minimum- Proposed Expansion) security requirements for civil aviation in Australia Aboriginal and Torres To preserve areas and The project area includes No approvals required. Department of the Strait Islander objects under threat, which items and places of However, there is a general Environment, Water, Heritage Heritage Protection are of particular Aboriginal significance duty to comply with the and the Arts Act 1984 significance to, or in (see Chapter 17, requirements of the Act accordance with, Aboriginal Aboriginal Cultural tradition Heritage) Australian Radiation To regulate activities The Act applies to the BHP Billiton currently holds Department of Health Protection and Nuclear involving radiation, to existing operation and licences under Division 2, and Ageing Safety Act 1998 protect the health and would apply to the Part 5 of the Act for safety of people, and to proposed expansion (see controlled material, protect the environment Chapter 22, Health and apparatus and facilities from the harmful effects of Safety) radiation Civil Aviation Act 1988 To establish a regulatory The proposed expansion Certification or registration Department of Infrastructure, and Civil Aviation framework for maintaining, involves the operation of of the Olympic Dam airport Transport, Regional Regulations 1988 and enhancing and promoting an airport (see Chapter 5, would need to be obtained Development and Local Civil Aviation Safety the safety of civil aviation Description of the for the airport to be Government Regulations 1998 Proposed Expansion) available for public use Customs Act 1901 and To regulate and manage the The Act applies to the Permission would be Department of Resources, Customs (Prohibited secure import and export existing operation and required to export nuclear Energy and Tourism Exports) Regulations of goods would apply to the material (which includes 1958 proposed expansion (see uranium oxide or Chapter 5, Description of concentrate) from Australia the Proposed Expansion) Defence Act 1903 and To allow environmental The proposed expansion Permission would be Department of Defence Defence Force management and control of may require an required for personnel to Regulations 1952 declared public areas within infrastructure corridor enter or remain in a Defence establishments through Department of prohibited area Defence land, including the Woomera Prohibited Area and Cultana Training Area (see Chapter 9, Land Use) Energy Efficiency To improve the The proposed expansion Large energy using Department of Resources, Opportunities Act identification and has a large energy businesses are required to Energy and Tourism 2006 evaluation of energy requirement (see Chapter undertake an assessment of efficiency opportunities by 5, Description of the energy efficiency large energy using Proposed Expansion) opportunities and report businesses and, as a result, publicly on the outcomes of to encourage the assessment implementation of cost effective energy efficiency opportunities Environment To protect the environment The proposed expansion BHP Billiton may need a Department of the Protection (Sea by regulating dumping into includes the movement of permit to dump or Environment, Water, Heritage Dumping) Act 1981 the sea, incineration at sea raw materials and product incinerate controlled and the Arts and artificial reef by shipping vessels material (wastes or other placements through Australian waters matter, including dredging (see Chapter 5, material) in Australian Description of the waters from any vessel, Proposed Expansion) aircraft or platform or into any part of the sea from an Australian vessel or aircraft

206 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Table 6.2 Relevant Commonwealth legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency requirements National Electricity Law To provide for the operation The proposed expansion BHP Billiton is to be a Department for Transport, and National Electricity of a national electricity involves the construction registered participant or Energy and Infrastructure Rules (as applied in South market and operation of an hold an exemption in order (South Australia) Australia by the National additional electricity to own, control or operate Electricity (South transmission line, a the proposed electricity Australia) Act 1996) gas-fired power plant, transmission system and cogeneration plant and generation plant. BHP other electrical Billiton currently holds an infrastructure (such as exemption to be registered substations, transformers as a network service and cabling) (see provider for its existing Chapter 5, Description of transmission system at the Proposed Expansion) Olympic Dam. A new or varied exemption may be required National Greenhouse and To establish a national The existing operation BHP Billiton would be Department of Climate 6 Energy Reporting Act framework for Australian triggers the reporting required to report its Change 2007 corporations to report quantity and the greenhouse gas emissions, greenhouse gas emissions, proposed expansion and energy production reductions, removals would result in an and consumption and offsets, and energy increase in the release of consumption and greenhouse gases above production (from the trigger level 1 July 2008) Native Title Act 1993 To recognise and protect Some Aboriginal groups BHP Billiton has reached The Attorney-General’s native title assert native title agreement with the three Department (except interests over parts of the Aboriginal groups who Division 6 of Part 2 and project area (see assert native title interests Part 11, which is Chapter 17, Aboriginal over the area of the Olympic administered by the Cultural Heritage) Dam mine. The agreement Minister for Families, contemplates that an Community and Indigenous Indigenous land use Affairs) agreement will be registered and, pending registration, the native title groups will co-operate in the expeditious completion of statutory processes. Specific native title procedures may be required for elements of the project (see Chapter 17, Aboriginal Cultural Heritage) Navigation Act 1912 To regulate the transport of Concentrate would be Competent authority Australian Maritime Safety material by waterways that transported in bulk approval and Transport Authority do not come under the through Australian waters Schedule is required to jurisdiction of the states by shipping vessels transport concentrate and territories Nuclear Non-Proliferation To ensure the non- The Act applies to the A permit is required to own Department of Foreign (Safeguards) Act 1997 proliferation of nuclear proposed expansion, or physically possess or Affairs and Trade weapons and to establish a requiring permits for transport nuclear material system of nuclear possession of nuclear (any source material safeguards, in accordance material, transport and excluding ore or ore with international establishing or modifying residue, or special agreements a facility. BHP Billiton fissionable material) currently holds permits under s13, 16 and 16A to possess and transport nuclear material and to establish a facility (see Chapter 5, Description of the Proposed Expansion, and Chapter 22, Health and Safety)

Olympic Dam Expansion Draft Environmental Impact Statement 2009 207 Table 6.2 Relevant Commonwealth legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency requirements Radiocommunications To provide for national The proposed expansion A spectrum licence would Department of Broadband, Act 1992 management of the includes the use of be required to use parts Communications and the radiofrequency spectrum the radio spectrum of the radio spectrum. Digital Economy and operation of BHP Billiton would also (Australian Communications radiocommunications need an apparatus and Media Authority) devices licence to operate radiocommunications devices, unless the operation was authorised by a class licence Telecommunications To regulate The proposed expansion A carrier licence would be Department of Broadband, Act 1997 telecommunications includes the ownership required if BHP Billiton Communications and the networks, customer and operation of a proposed to own a network Digital Economy equipment and customer telecommunications unit used to supply carriage (Australian Communications cabling network services to the public. The and Media Authority) Act also requires compliance with applicable standards and labelling

6.3.3 national policies and codes of practice In parallel with its obligations under the Indenture, BHP Billiton National policies and codes of practice have been considered in is required to comply with all laws necessary to ensure the assessing the proposed expansion. A summary, rather than an Olympic Dam operation is conducted in a safe and exhaustive list, is presented in Table 6.3 and the subject is environmentally acceptable manner. BHP Billiton reports addressed in more detail in relevant chapters of the Draft EIS. extensively and publicly on environmental and other issues and it regularly consents to information being released in response to freedom of information applications. The government 6.4 south Australian Government monitors compliance in accordance with laws and regularly requirements discusses regulatory issues with operational management. 6.4.1 approvals legislation The two main Acts in South Australia relevant to obtaining Development Act 1993 whole-of-project approval are the Roxby Downs (Indenture The Development Act 1993 and associated Regulations set out Ratification) Act 1982 (Ratification Act) and the Development the procedures by which different forms of development are Act 1993. Each is discussed below. assessed in South Australia. Part 4, Division 2 of the Act relates to the assessment process for major developments or projects Roxby Downs (Indenture Ratification) Act 1982 (Major Development process). The Ratification Act was passed by the South Australian Parliament in 1982 and amended in 1996, 1997 and 2001. Under the provisions of the Indenture, the South Australian The Act provides statutory authority for an agreement Minister for Mineral Resources Development is able to apply, in (Indenture) between BHP Billiton and the State of South relation to development activities in certain core project areas, Australia. The Indenture establishes the legal framework for the provisions of the Development Act 1993 contained in the existing and future operations at Olympic Dam and defines the Major Development process. The Major Development process is roles and responsibilities of the South Australian Government modified by the Indenture as it applies to the expansion. For and BHP Billiton. example, the Minister for Mineral Resources Development adopts the role of the Development Assessment Commission in The Indenture provides a stable contractual framework which developing the issues paper and guidelines, and will be on the one hand gives BHP Billiton confidence to take the very responsible for making a decision under that process. significant investment decisions required, and on the other hand ensures the continuation, under a well-defined and The Minister declared on 15 September 2005 that the Major monitored legal regime, of a safe and environmentally Development process applied to certain aspects of the proposed acceptable operation capable of providing major economic expansion. The Minister subsequently determined that an EIS benefits to South Australia and Australia. should be prepared, in parallel with the Australian Government EPBC Act process. Section 46B of the Development Act 1993 The Indenture is an existing long-term contract governing the relates to the EIS process and requires an assessment of the Olympic Dam project, but is likely to require amendments to project’s consistency with relevant local and state government accommodate the expanded project configuration and higher policies and legislation. production rates. Amendments are to come before the South Australian Parliament for consideration.

208 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Table 6.3 Relevant national policies and codes of practice

Title Purpose/Objective Relevance to the project ARPANSA Code of Practice and Safety Guide To protect workers, members of the public and Applies to the existing operation and would for Radiation Protection and Radioactive the environment from harmful effects of apply to the proposed expansion (see Waste Management in Mining and Mineral radiation exposure, arising from mining or Chapter 22, Health and Safety) Processing 20051 mineral processing and from the waste resulting from these activities ARPANSA Code of Practice for the Safe To establish consistent requirements for the Applies to the existing operation and would Transport of Radioactive Material 20081 transport of radioactive material by road, rail apply to the proposed expansion (see and waterways in Australia Chapter 22, Health and Safety) Intergovernmental Agreement on the To unify Australian and state and territory The proposed expansion requires the Environment 1990 governments’ regulations and processes Australian, South Australian and Northern relating to environmental matters, through the Territory governments’ approval, and a joint development of complementary legislation, assessment process is in place regulations and guidelines National Environment Protection Measures NEPMs are broad framework-setting statutory Relevant to the existing operation and (NEPMs) – Ambient Air Quality, National instruments which outline agreed national proposed expansion (see Chapters 5, Pollutant Inventory, Movement of Controlled objectives for protecting or managing Description of the Proposed Expansion, 6 Waste, Used Packaging Materials, Assessment particular aspects of the environment and 13, Greenhouse Gas and Air Quality) of Site Contamination, Diesel Vehicle Emissions and Air Toxics National Strategy for Ecologically Sustainable To develop and maintain ecological processes The principles of ESD are relevant to the Development 1992 on which life depends. Specific objectives existing operation and the proposed related to mining include ensuring mine sites expansion. Specific requirements of the ESD are rehabilitated and managed in accordance guiding principles are discussed in Chapter 25, with appropriate standards Cumulative Effects, and Appendix E2 National Greenhouse and Energy Reporting To establish national mandatory reporting The operation of the proposed expansion and System (NGERS) requirements (under the Greenhouse and associated infrastructure would result in Energy Reporting Act 2007) for greenhouse gas greenhouse gas emissions. Measures to reduce emissions, reductions, removals and offsets, emissions and balance net outcomes are and energy consumed and produced. The discussed in Chapter 13, Greenhouse Gas and NGERS framework is also the basis of the Air Quality Australian Emissions Trading Scheme (now called the Carbon Pollution Reduction Scheme) National Waste Minimisation and Recycling To manage waste within Australia with Wastes would be generated and their Strategy particular emphasis on waste reduction, management for the proposed expansion is recycling and reuse addressed in Chapter 5, Description of the Proposed Expansion National Water Quality Management Strategy To achieve sustainable use of the nation’s Relevant to the water supply options for and National Water Initiative water resources by protecting and enhancing the proposed expansion (see Chapter 4, their quality and to improve water Project Alternatives) management while maintaining economic and social development National Strategy for the Conservation of To protect biological diversity and maintain The proposed expansion requires the clearing Australia’s Biological Diversity ecological processes and systems of vegetation and has the potential to have an impact on individual animals and plants. Measures developed to protect biological diversity and compensate for required losses are discussed in Chapters 15, Terrestrial Ecology, and 16, Marine Environment National Framework for the Management and To reverse the long-term decline in native The proposed expansion would require the Monitoring of Australia’s Native Vegetation vegetation, conserve and restore native clearance of native vegetation. Measures to vegetation, and retain, enhance and improve reduce the impact of the proposed expansion the condition of existing native vegetation and compensate for vegetation clearance are discussed in Chapter 15, Terrestrial Ecology

1 The ARPANSA Codes are also adopted under South Australian legislation – Roxby Downs (Indenture Ratification) Act 1982 and Radiation Protection and Control Act 1982.

Olympic Dam Expansion Draft Environmental Impact Statement 2009 209 The Major Development process under the Indenture does not 6.5 northern Territory Government apply to development outside of the core project areas referred requirements to above. The Minister for Urban Development and Planning 6.5.1 approvals legislation (currently the same person as the Minister for Mineral Resources Development) declared on 21 August 2008 that the The Environmental Assessment Act and the Environmental Major Development process under the Development Act 1993 Assessment Administrative Procedures form the basis of the applied to certain aspects of the proposed expansion outside of Northern Territory environmental impact assessment process. these core project areas. The EIS Guidelines, with minor The primary purpose of the assessment process is to provide for amendments, have been adopted by the Development appropriate examination of proposed development projects. Assessment Commission for these purposes (see Appendix A2). BHP Billiton submitted a Notice of Intent to the Northern Territory Government on 4 June 2008 to satisfy the first step in the environmental assessment process. The Northern Territory 6.4.2 other legislation Minister for Natural Resources, Environment and Heritage In addition to the Indenture, the Ratification Act and the determined that the proposed development was Development Act 1993, and subject to the terms of these Acts environmentally significant and decided that the level of and the Indenture, other South Australian legislation considered assessment required was an EIS. The Northern Territory to be of relevance to the proposed expansion, and its purpose Government Guidelines for Preparation of an Environmental and objectives, is summarised in Table 6.4. The legislation is Impact Statement, Olympic Dam Expansion (NT Transport addressed in relevant chapters of the Draft EIS as highlighted in Option) Project are provided in Appendix A3. the table.

The Darwin Port Corporation is responsible for managing and In addition to requiring project approval, BHP Billiton’s operating the Port of Darwin in accordance with the powers and activities may require other approvals under South Australian functions defined in the Darwin Port Corporation Act and legislation. BHP Billiton currently holds various permits and by-laws. The Northern Territory Minister for Natural Resources, licences authorising its current operation at Olympic Dam. Environment and Heritage will assess those components of the Where applicable, these existing approvals would be extended expansion project relevant to the Northern Territory and decide to cover the activities that would continue with the proposed whether those activities can proceed on environmental grounds. expansion. New approvals may be required to cover activities The Northern Territory Transport and Infrastructure Minister is not currently undertaken at Olympic Dam or where extending responsible for approving development at the the existing approvals is not appropriate. Port of Darwin.

During the detailed design phase of the project, the types of 6.5.2 other legislation activities and/or processes to be undertaken would be refined. At that time the specific approvals required, and the The proposal would be undertaken in accordance with relevant responsibility (whether of BHP Billiton, or its contractors) for Northern Territory Government legislation. Table 6.6 provides obtaining those approvals would be determined. Applications an indicative, but not exhaustive, list of the relevant Acts. for necessary approvals would be discussed with, and During the detailed design phase of the project, the types of submitted to, the relevant government agencies at the activities and/or processes to be undertaken would be refined. appropriate stage of the proposed expansion. At that time the specific approvals required, and the responsibility (whether of BHP Billiton, or its contractors) for The list of approvals and legislative requirements identified in obtaining those approvals would be determined. Applications Table 6.4 is indicative, rather than exhaustive, of the types of for necessary activity approvals would be discussed with, and approvals that may be required as part of the expansion. A submitted to, the relevant government agencies at the description of the approval processes has not been included as appropriate stage of the proposed works for assessment and in most cases the process generally requires an application to decision, leading to a permit or licence. be lodged for assessment and decision, leading to a permit or licence. In many instances BHP Billiton would be able to apply for approvals through the process specified in Clause 7 of the Indenture.

6.4.3 policies, strategies and guidelines Table 6.5 provides a summary of the purpose and objectives of South Australian policies, strategies and guidelines that are considered to be most relevant to the proposed expansion. This is not intended to be a comprehensive list. The table also identifies the relevance of the policy, strategy or guideline to the proposed expansion and refers to the chapter of the Draft EIS where these issues are addressed.

210 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Table 6.4 Relevant South Australian legislation and approvals requirements

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency1 requirements Aboriginal Heritage To protect and preserve The project area includes Permission is required to Department of the Act 1979 Aboriginal heritage from items and places of enter or use a protected area, Premier and Cabinet activities undertaken within Aboriginal heritage (see excavate land to explore for the Stuart Shelf Area Chapter 17, Aboriginal Aboriginal heritage, or Cultural Heritage) remove, sell or interfere with an item of Aboriginal heritage Aboriginal Heritage To protect and preserve The project area includes Permission is required to Department of the Act 1988 Aboriginal heritage from items and places of access, search or excavate Premier and Cabinet activities undertaken Aboriginal heritage (see land for the purpose of outside the Stuart Shelf Area Chapter 17, Aboriginal uncovering an Aboriginal site, Cultural Heritage) object or remains, damage, disturb or interfere with an Aboriginal object or remains, or sell or dispose of an Aboriginal object or remove it from the state 6 Adelaide Dolphin To protect the dolphin Additional port facilities No approval is required. Department for Sanctuary Act 2005 population of the Port would be located at Outer However, all reasonable Environment Adelaide River estuary and Harbor (see Chapters 5, measures are to be taken to and Heritage Barker Inlet and its natural Description of the Proposed prevent or minimise harm to habitat Expansion, and 16, Marine the sanctuary through actions Environment) or activities Climate Change and To assist in achieving The proposed expansion has No approval is required. Department of the Greenhouse Emissions ecologically sustainable a large energy requirement However, BHP Billiton may Premier and Cabinet Reduction Act 2007 development in the State by (see Chapter 5, Description enter into a sectorial (Sustainability and addressing issues associated of the Proposed Expansion) agreement with the State for Climate Change Division) with climate change, in and would adopt energy the purpose of recognising, particular through the efficiency measures and, promoting or facilitating reduction of greenhouse gas where practicable, use strategies to meet targets set emissions and an increase in renewable energy sources under this Act renewable energy Crown Lands Act 1929 To manage and regulate The proposed expansion Approval is required to Department for Crown lands traverses areas of Crown surrender or transfer a Crown Environment and land or land held under lease, or to grant an Heritage licence from the Crown (see easement over Crown land or Chapter 9, Land Use). The land held under licence from Indenture provides for land the Crown allocation under the Crown Lands Act (lease, licence or freehold) Dangerous Substances To regulate the keeping, There is a wide variety of A licence may be required Department of the Act 1979 and handling, transporting and circumstances in which to keep certain prescribed Premier and Cabinet Dangerous Substances the conveyance, use, dangerous substances (such dangerous substances in any (Safe Work SA) Regulations 2002 and disposal and quality of as diesel, fuel oil and LPG) premises, or to transport Road Transport Reform dangerous substances would be used during the certain prescribed dangerous (Dangerous Goods) expansion project. substances. A licence would Regulations 1997 Dangerous substances also be required to transport (Commonwealth) (as would also be transported dangerous substances by amended by via the gas pipeline. road (including a licence to Dangerous Substances Chapter 5, Description of the drive a vehicle for the Regulations 2002) Proposed Expansion, transport of dangerous discusses the management substances) of hazardous materials

Olympic Dam Expansion Draft Environmental Impact Statement 2009 211 Table 6.4 Relevant South Australian legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency1 requirements Electricity Act 1996 To regulate the electricity The proposed expansion may New licences, or a variation Essential Services and Electricity supply industry and to involve the construction and of an existing licence, may be Commission of South (General) Regulations provide for the development operation of an additional required to operate the Australia (ESCOSA) 1997 of safety and technical electricity transmission line, transmission line and standards for electrical a gas-fired power plant, generate electricity (from an installations cogeneration plant and on-site gas power station and other electrical cogeneration plant) as well as infrastructure (such as approval to carry out work substations, transformers near electrical infrastructure and cabling) (see Chapter 5, that is not already approved Description of the Proposed under BHP Billiton’s existing Expansion) Safety, Reliability, Maintenance and Technical Management Plan Environment To protect the environment, The proposed expansion An environmental Environment Protection Protection Act 1993 promote the principles of involves undertaking authorisation (in the form of Authority ecologically sustainable prescribed activities of a licence), or an exemption development and ensure environmental significance from the requirement to that all reasonable and (PAES) listed in Schedule 1 obtain authorisation, may be practicable measures are of the Act. Examples of PAES required to undertake a PAES. taken to protect, restore likely to be undertaken by A works approval to construct and enhance the quality of BHP Billiton include or alter a building or the environment, having metallurgical works and structure or install or alter regard to the principles of mineral works. Relevant plant or equipment, for use ecologically sustainable sections of the Draft EIS for a PAES, may also be development (ESD). To discuss measures to protect required. A works approval establish the South the environment and may not be required where Australian Environment promote the principles of the works are carried out for Protection Authority and ESD (see Chapter 25, the purpose of a PAES in define its functions and Cumulative Effects, and relation to which BHP Billiton powers Appendix E2) already has a licence under the Act Environment The main objective of this The proposed expansion BHP Billiton is to conform to Environment Protection Protection (Air Quality) policy is to protect air would result in air emissions air quality criteria specified in Authority Policy 1994 quality and reduce the from fuel burning equipment Schedule 1 of the policy emission of air pollutants and industrial plant unless it obtains an exemption from the obligation to meet the provisions of the policy. BHP Billiton would also have to conform to general obligations regarding emissions of air pollutants Environment To protect and improve the Relevant to several aspects No licence would be required. Environment Protection Protection (Noise) quality of the environment of the proposed expansion However as an occupier of Authority Policy 2007 while allowing social and (see Chapters 5, Description non-domestic premises, economic development of the Proposed Expansion, BHP Billiton is not to cause or and 14, Noise and Vibration) permit excessive noise to be emitted from the premises

212 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Table 6.4 Relevant South Australian legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency1 requirements Environment The main objective of this Relevant to several aspects BHP Billiton is to conform to Environment Protection Protection (Water policy is to achieve the of the proposed expansion water quality criteria Authority Quality) Policy 2003 sustainable management of (see Chapters 5, Description specified in the policy unless waters, by protecting or of the Proposed Expansion; it obtains an exemption from enhancing water quality 11, Surface Water; the obligation to meet the while allowing economic and 12, Groundwater; and criteria by establishing an social development 16, Marine Environment) ‘attenuation zone’ (in relation to underground waters) or ‘mixing zone’ (in relation to surface waters). BHP Billiton would also have to conform to general obligations to avoid the discharge of waste into waters and to not cause environmental harm by discharging a pollutant 6 into waters Explosives Act 1936 To regulate and control the The proposed expansion BHP Billiton would need Department of the and Explosives manufacture, carriage, use would require the use of licences or permits to import, Premier and Cabinet Regulations 1996 and and storage of explosives explosives for mining purchase, sell or supply, mix, (Safe Work SA) Explosives (Security (including security sensitive operations in the open pit use or dispose of, Sensitive Substances) substances such as (see Chapter 5, Description manufacture, and to carry or Regulations 2006 ammonium nitrate) of the Proposed Expansion) keep explosives on premises or in a magazine Gas Act 1997 and Gas To ensure the safe and The proposed expansion may BHP Billiton would need a Department for Regulations 1997 efficient installation and include a gas-fired power licence to operate a gas Transport, Energy and maintenance of gas supply plant and would include a distribution system and Infrastructure infrastructure, as well as cogeneration plant (see approval to carry out work competition in supply Chapter 5, Description of the near gas infrastructure Proposed Expansion) Heritage Places Act To identify, record and The project area includes A permit would be required Department for 1993 conserve places and objects items of non-Aboriginal under Part 5 to excavate or Environment and of non-Aboriginal heritage heritage significance. An disturb places or remove Heritage (South significance, and to assessment of non- items from a State Heritage Australian Heritage establish the South Aboriginal heritage has been Place Council) Australian Heritage Council undertaken and is discussed in Chapter 18, Non- Aboriginal Cultural Heritage Highways Act 1926 To control the construction, Sections of the proposed BHP Billiton would need Department for maintenance and linear infrastructure would approval to install Transport, Energy and improvement of highways need to cross public roads infrastructure under public Infrastructure (see Chapter 5, Description roads, outside of a of the Proposed Expansion) municipality Local Government Act To promote an appropriate The proposed expansion Approval would be needed to Department of Treasury 1999 system of local government would require changes to alter, or to construct, change and Finance that is accountable to the structures, services and or remove structures or local community and vegetation in relation to services in, on, across, under contributes to ensuring the roads in the municipality of or over a public road within appropriate services and Roxby Downs the municipality of Roxby facilities are provided to Downs, or plant, interfere that community with or remove vegetation from such a road Marine Parks Act 2007 To provide a framework for Upper Spencer Gulf is No requirements at this time. Department for (proclaimed the dedication, zoning and identified as one of the 19 Management zones and Environment 22 May 2008) management of the State’s proposed marine parks and special purpose areas have and Heritage marine parks. There are 19 the proposed expansion not yet been defined for the marine parks proposed for would undertake works in proposed marine parks South Australia’s coastal the gulf (see Chapter 5, waters under the Act Description of the Proposed Expansion)

Olympic Dam Expansion Draft Environmental Impact Statement 2009 213 Table 6.4 Relevant South Australian legislation and approvals requirements

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency1 requirements Mines and Works To provide for the regulation Applies to the existing BHP Billiton is to comply with Department of Primary Inspection Act 1920 and inspection of mines and operation and would apply regulations in relation to the Industries and Resources and Mines and works to the proposed expansion inspection of mines and Works Inspection (Chapters 5, Description of works, and has a duty to Regulations 1998 the Proposed Expansion, and facilitate inspections 22, Health and Safety) National Parks and To protect habitat and National parks and reserves A permit may be required to Department for Wildlife Act 1972 wildlife by establishing exist within the EIS Study take native plants, which Environment and parks and reserves (both on Area. DEH has recently includes removing or Heritage land and in state waters) proposed reclassifying damaging native plants; or and provide for the use of parks/reserves to permit take protected animals or the wildlife through a system of some activities associated eggs of protected animals, permits allowing certain with mining in reserves which includes killing or actions involving native (Chapters 9, Land Use; injuring animals species Chapter 15, Terrestrial Ecology; and Chapter 16, Marine Environment) Native Title (South To recognise and protect Some Aboriginal groups BHP Billiton has reached Department of Justice Australia) Act 1994 native title assert native title interests agreement with the three over parts of the project Aboriginal groups who assert area (see Chapter 17, native title interests over the Aboriginal Cultural Heritage) area of the Olympic Dam mine. The agreement contemplates that an Indigenous land use agreement will be registered and, pending registration, the native title groups will co-operate in the expeditious completion of statutory processes. Specific native title procedures may be required for elements of the project (see Chapter 17, Aboriginal Cultural Heritage) Natural Resource To promote sustainable and Relevant to the proposed A licence or permit may be Department of Water, Management Act 2004 integrated management of expansion due to the use of required to drill a well for Land and Biodiversity the state’s natural resources and potential impact on water exploration purposes. Conservation and to protect the state’s natural resources A permit would also be natural resources (Chapters 5, Description required to move or keep of the Proposed Expansion; specified plants or animals 11, Surface Water; within a control area 12, Groundwater; 15, Terrestrial Ecology; and 16, Marine Environment) Native Vegetation Act To provide incentives and The proposed expansion Consent would be required to Department of Water, 1991 and Native assistance to landowners to would require the clearing of clear native vegetation unless Land and Biodiversity Vegetation preserve and enhance native native vegetation. the relevant clearing activity Conservation (Native Regulations 2003 vegetation, and to control Significant environmental met the criteria for an Vegetation Council) the clearance of native benefit (SEB) measures are exemption under the vegetation. Establishes the proposed for this clearance Regulations. Most exemptions Native Vegetation Council (Chapter 15, Terrestrial require an approved (NVC) and Native Vegetation Ecology) management plan to establish Fund a significant environmental benefit Occupational Health, To provide for the health, The health and safety No approvals are required Department of the Safety and Welfare safety and welfare of aspects of the proposed (however, notice is required Premier and Cabinet Act 1986 and persons at work and expansion are discussed to carry out certain (Safe Work SA) Occupational Health, eliminate risks in Chapter 22, Health activities). BHP Billiton would Safety and Welfare and Safety have a duty to ensure that the Regulations 1995 workplace is safe and that employees and the public are safe from injury and risks to health

214 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Table 6.4 Relevant South Australian legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency1 requirements Pastoral Land To provide for the The proposed expansion BHP Billiton would need Department of Water, Management and management and would require the use of approval to use pastoral land Land and Biodiversity Conservation Act 1989 conservation of pastoral pastoral land for linear for other than pastoral Conservation land, including the infrastructure purposes monitoring, prevention of harm and rehabilitation of this land Petroleum Act 2000 To provide a regulatory The proposed expansion may BHP Billiton holds a Department of Primary system for the exploration, include a gas supply pipeline preliminary survey licence Industries and Resources recovery and movement (Chapter 5, Description of which would require renewal. (through transmission the Proposed Expansion) A pipeline licence would be pipelines) of petroleum and required to construct and/or other resources to which the operate a pipeline carrying Act applies. This also petroleum or other regulated includes minimising substances environmental damage and 6 ensuring secure supply Petroleum Products To regulate activities The proposed expansion may A licence would be required Department of Treasury Regulation Act 1995 involving or related to include a gas supply pipeline to store or convey petroleum and Finance petroleum products (Chapter 5, Description of products or be involved in the Proposed Expansion) activities related to petroleum products (see Dangerous Substances Act 1979) Public and To protect, improve and The proposed expansion Roxby Downs Council would Department of Health Environmental Health promote public and would require an expanded require approval under the Act 1987 and Public environmental health sewage treatment plant at Regulations to install/alter or and Environmental and establish the Public and Roxby Downs (see Chapter 5, construct a fixture, fitting, Health (Waste Control) Environmental Health Description of the Proposed appliance, plant or process Regulations 1995 Council Expansion) associated with a system that collects, treats or disposes of human, commercial or industrial waste Radiation Protection To control activities related Applies to the existing A licence would be required Environment Protection and Control Act 1982 to radioactive substances operation and would apply to carry out operations for Authority and Radiation and radiation apparatus, to the proposed expansion the mining and milling of Protection and Control and protect the environment (Chapters 5, Description of radioactive ores and for (Transport of and the health and safety of the Proposed Expansion, and persons operating ionising Radioactive people from the harmful 22, Health and Safety) radiation apparatus or Substances) effects of radiation non-ionising radiation Regulations 2003 apparatus of a prescribed class. The regulations require compliance with the Code of Practice for the Safe Transport of Radioactive Material 2008 (Commonwealth) (see Table 6.3). This may require the preparation of a new Radiation Management Plan or Radioactive Waste Management Plan (or amendment to a part of such plans)

Olympic Dam Expansion Draft Environmental Impact Statement 2009 215 Table 6.4 Relevant South Australian legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency1 requirements Rail Safety Act 2007 To make provision for rail The proposed expansion Accreditation to carry out, or Department for safety and other rail matters includes development of a cause or permit the carrying Transport, Energy and that form part of a system of railway, intermodal road/rail out of, railway operations. Infrastructure (Safety nationally consistent rail facility and associated rail The accreditation process Regulations Division) safety laws infrastructure (see requires the owners and Chapter 5, Description of the operators of railways to have Proposed Expansion), with adequate safety measures in safety issues discussed in place. The Act requires Chapter 22, Health and compliance with the Safety Australian Rail Safety Standard. BHP Billiton would need to be accredited in relation to the proposed railway and intermodal transit facility Railways (Operations To promote an efficient rail The proposed expansion Written consent is needed to Department for and Access) Act 1997 transport system and to includes development of a install and operate traffic Transport, Energy and provide for the operation of railway (see Chapter 5, control devices Infrastructure railways and access to Description of the Proposed railway services on fair Expansion) commercial terms Road Traffic Act 1961 To consolidate and amend The proposed expansion BHP Billiton may require an Department for certain enactments relating would require the transport oversize or overmass vehicle Transport, Energy and to road traffic; and for other of over-dimensional loads to exemption and/or restricted Infrastructure purposes Olympic Dam, particularly access approval in respect to during the construction heavy vehicles phase Roads (Opening and To provide for the opening BHP Billiton would need to The Act provides a mechanism Department for Closing) Act 1991 and closing of roads close some roads, including for the opening and closing of Transport, Energy and parts of the Borefield Road roads. One method provided Infrastructure to be realigned (see for involves an order by the Chapter 5, Description of the Governor to open or close a Proposed Expansion). New road in conjunction with a public roads in Roxby Downs major development may also be opened authorisation under the Development Act 1993. Roads may also be opened or closed by other means provided for in the Act and other Acts. For example, a road may be dedicated as a public road under the terms of the Indenture

1 This is the government agency primarily responsible for the relevant Act. However, BHP Billiton is, in most cases, able to apply for required approvals using the process in clause 7 of the Indenture.

216 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Table 6.5 Relevant South Australian Government policies, strategies and guidelines

Title Purpose/Objective Relevance to the project South Australia’s Strategic Plan 2007 and Objectives include growing prosperity, The Strategic Plan and Strategic Infrastructure Strategic Infrastructure Plan 2005–06 improving well-being, attaining sustainability, Plan require the construction of additional fostering creativity and innovation, building infrastructure in Outback areas and would lead communities, expanding opportunity, guiding to significantly increased exports. Infrastructure new infrastructure investment and proposed for the expansion is described in development, and improving management Chapter 5, Description of the Proposed Expansion. The contribution of the proposed expansion to the objectives of the Strategic Plan is provided in Chapter 21, Economic Assessment, and Appendix D Planning Strategy for Regional South Australia Sets out the South Australian Government’s The Regional Strategy for SA, and specific 2003 (as amended at December 2007) broad vision for land use and development for objectives for the Outback and Upper Spencer regional planning areas of the state Gulf areas, require additional infrastructure and employment opportunities, and improved access to community and education services (see Chapters 9, Land Use, and 19, Social Environment). The contribution of the proposed 6 expansion to the objectives of the Regional Strategy is provided in Appendix G1 Guidelines for a Native Vegetation Significant To inform people of changes to the law with Relevant to the clearance of native vegetation Environmental Benefit Policy for the clearance respect to the clearance of native vegetation and addressed in Chapter 15, Terrestrial Ecology of native vegetation associated with the under the Native Vegetation Act 1991 (NVA) minerals and petroleum industry, 2005 and new government policies Living Coast Strategy 2004 To protect and manage South Australia’s The Strategy identifies the South Australian coastal areas, estuaries and marine Government’s objectives for coastal, estuarine ecosystems for their conservation and and marine environments and proposals for sustainable use addressing those objectives. It would be most relevant to the construction and operation of the proposed desalination plant and landing facility but also relates generally to any expansion activity affecting coastal, estuarine and/or marine environments (see Chapter 16, Marine Environment) Natural Resources Management Plan 2006 To manage and protect South Australia’s Relevant in relation to water, pest management, natural resources communities, and landscape forming part of the expansion project (see Chapters 11, Surface Water; 15, Terrestrial Ecology; 19, Social Environment; and 20, Visual Amenity, respectively)

Olympic Dam Expansion Draft Environmental Impact Statement 2009 217 Table 6.6 Relevant Northern Territory legislation and approvals requirements

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency requirements Crown Lands Act To manage and regulate Some of the proposed A Crown lease or licence may Department of Planning Crown lands infrastructure at the Port of be required if development and Infrastructure (Land Darwin may be located on is to be on land owned by Administration Division) Crown land the Crown Dangerous Goods Act, To provide for the safe Dangerous goods may be BHP Billiton would require a Department of Justice Dangerous Goods storage, handling and handled, stored and used at licence to keep or convey (NT WorkSafe) Regulations, transport of certain the Port facility. Chapter 5, certain dangerous goods in Dangerous Goods dangerous goods Description of the Proposed excess of relevant prescribed (Road and Rail Expansion, discusses the amounts. Transport) Act 2003 management of hazardous In addition, BHP Billiton would and Dangerous Goods materials require a licence to transport (Road and Rail dangerous goods by road or Transport) Regulations rail, or specific licences to import, manufacture, sell, purchase, store or possess explosives Darwin Port To provide for the The proposed expansion BHP Billiton would require the Darwin Port Corporation Corporation Act, Port establishment of the Darwin includes the use of the Port consent of the Darwin Port By-Laws and Darwin Port Corporation for the of Darwin for the export of Corporation to build Port (Handling and control and management of uranium oxide and infrastructure having its Transport of the Port of Darwin, and for concentrate. Chapter 5 foundations below the Dangerous Cargoes) related purposes provides a description of high water mark in the Port By-Laws the proposed port facilities of Darwin BHP Billiton would need to ensure that any stevedores it used at the port held a licence from the Darwin Port Corporation to conduct a stevedoring business at the Port of Darwin BHP Billiton would comply with Australian Standard AS 3846-2005 in relation to the handling and transport of dangerous cargoes in port areas, adopted by the Darwin Port Corporation in relation to the Port of Darwin Fisheries Act To manage the aquatic The proposed expansion A permit would be required if Department of Regional resources of the Territory in involves the construction fish or aquatic life were to be Development, Primary accordance with the and operation of facilities stunned, injured, killed or Industries, Fisheries principles of ecologically within the Port of Darwin detrimentally affected by the and Resources sustainable development, (see Chapter 5, Description proposed activities and to ensure appropriate of the Proposed Expansion) protection of fish and fish habitat Heritage Conservation Provides for the protection of Not applicable as all No specific requirements. Department of Natural Act, Northern Territory archaeological places and footprint areas would be on However, if archaeological Resources, Environment, Aboriginal Sacred sites, and objects of previously disturbed land places or items are discovered, The Arts and Sport Sites Act prehistoric, historic, social, (see Chapter 5, Description these would need to be Minister for Indigenous scientific or aesthetic value of the Proposed Expansion, reported and a permit Policy (Heritage and Appendix E4) obtained for any work on, or Advisory Council) removal of, heritage sites and items Northern Territory Rail To develop, implement, The proposed expansion Rail safety accreditation would Department of Planning Safety Act monitor and continuously includes construction of a be sought prior to owning and Infrastructure improve a rail safety rail loop/spur at East Arm to railway infrastructure and/or administration and extend from the existing operating rolling stock in regulation regime promoting rail line, and rail operations the Territory safe railway ownership and (see Chapter 5, Description operation in the Territory of the Proposed Expansion, and Appendix E4)

218 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Table 6.6 Relevant Northern Territory legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency requirements Planning Act To plan the use and Land at the Port of Darwin An application would be made Department of Planning development of land would be required to be to the Development Consent and Infrastructure contained within designated developed for the storage Authority for consent to planning areas (which may or and handling facilities develop land may not be subject to a needed for the export of planning instrument) and to concentrate (see Chapter 5, all other freehold land Description of the Proposed Expansion, and Appendix E4) Public Health Act and To maintain public health The development of land at No approval required. However, Department of Health Public Health (General the Port of Darwin has the as an occupier of land BHP and Families Sanitation, Mosquito potential to contribute to Billiton would have a general Prevention, Rat the ponding of stormwater duty to prevent the Exclusion and that may create a mosquito establishment of areas that Prevention) breeding habitat could act as mosquito breeding Regulations places 6 Radiation Protection To provide for the protection The proposed expansion Requires a licence to possess Department of Health Act 2004 (not yet of people and the would include the uranium oxide and concentrate, and Families commenced) environment from the transport, storage and in accordance with the Code of (Environmental Health possible harmful effects of handling of radioactive Practice for Radiation Program) radiation through the safe uranium oxide and Protection and Radioactive control of the use of all concentrate (see Chapter 5, Waste Management in Mining radiation sources Description of the Proposed and Mineral Processing 2005 Expansion) (Commonwealth) (see Table 6.3) Radiation (Safety To make provision for the The proposed expansion Requires a licence to possess Department of Health Control) Act control, regulation, would include the uranium oxide and concentrate, and Families possession, use and transport, storage and in accordance with the Code of transport of radioactive handling of radioactive Practice for Radiation substances and radiation uranium oxide and Protection and Radioactive apparatus concentrate (see Chapter 5, Waste Management in Mining Description of the Proposed and Mineral Processing 2005 Expansion) (Commonwealth) (see Table 6.3) Radioactive Ores and To make provision for the The existing Olympic Dam Requires a licence for the Department of Justice Concentrates safe packaging, storage and operation holds a licence transport of radioactive (NT WorkSafe) (Packaging and transport of radioactive ores under the Act for the material (section 13(a)) and to Transport) Act and concentrates transport of uranium oxide authorise the storage of through the Port of Darwin. radioactive material on licenced The proposed expansion premises (section 13(b)) would include the transport, storage and handling of radioactive concentrate (see Chapter 5, Description of the Proposed Expansion) Soil Conservation and For landholders/developers Soil disturbance would No approvals required. Department of Natural Land Utilization Act to make provision for the occur during site preparation However, BHP Billiton would Resources, prevention of soil erosion for the construction of have a general duty to prevent Environment, The Arts and for the conservation and facilities at the Port of and manage soil erosion and Sport reclamation of soil Darwin (see Chapter 5, Description of the Proposed Expansion, and 10, Topography and Soils) Territory Parks and To make provision for the The proposed expansion No approval required. However, Department of Natural Wildlife Conservation study, protection, would involve the BHP Billiton would have a Resources, Act conservation and sustainable movement of material into general duty to prevent the Environment, The Arts utilisation of wildlife. This and out of the Port of introduction of pest/feral and Sport includes declaration and Darwin which has the species and, if declared by the control of feral animals potential to introduce pest Minister, to control feral or feral species animals and pests

Olympic Dam Expansion Draft Environmental Impact Statement 2009 219 Table 6.6 Relevant Northern Territory legislation and approvals requirements (cont’d)

Act Purpose/Objective Relevance to the project Approvals and legislative Administering agency requirements Waste Management To provide for the protection The proposed expansion BHP Billiton would have a Department of Natural and Pollution Control of the environment through would involve construction general environmental duty to Resources, Environment, Act and Waste encouragement of effective and operation of storage prevent or minimise pollution The Arts and Sport Management and waste management and and handling facilities for (air, water and soil), to reduce Pollution Control pollution prevention and the export of uranium oxide waste and to notify of (Administration) control practices. The and concentrate at the Port incidents causing, or Regulations objective of the Act is to of Darwin (see Chapter 5, threatening to cause, pollution facilitate the implementation Description of the Proposed An environmental protection of national environment Expansion) approval would be required if protection measures made the proposed activities under the National generated and required Environment Protection disposal of wastes listed in Council (Northern Territory) Schedule 2 of the Regulations Act Water Act To provide for the Relevant to several aspects A licence or permit would be Department of Natural investigation, use, control, of the proposed expansion required if BHP Billiton needed Resources, Environment, protection, management and (see Chapters 5, Description to take or use surface water or The Arts and Sport administration of water of the Proposed Expansion; groundwater resources in the Territory 11, Surface Water; 12, Groundwater; 16, Marine Environment; and Appendix E4) Weeds Management To protect the Territory’s The construction activities Landholders are to take all Department of Natural Act 2001 economy, community, and the movement of reasonable measures to Resources, Environment, industry and environment materials into and out of the prevent their land being The Arts and Sport from the adverse impact of Port of Darwin have the infested with a declared weed, weeds potential to introduce weed to notify an officer of the species (see Chapter 15, presence of the declared weed Terrestrial Ecology, and and, if a declared weed exists Appendix E4) on their property, comply with a weed management plan relating to the weed Workplace Health and To promote occupational The health and safety BHP Billiton would have a duty Department of Justice Safety Act 2007 and health and safety in aspects of the proposed to ensure that the workplace (NT WorkSafe) Workplace Health and the Territory expansion are discussed was safe and that employees Safety Regulations in Chapter 22, Health and the public were safe from and Safety injury and risks to health. A licence would need to be obtained to perform certain work (Schedule 3) BHP Billiton would need to notify the Work Health Authority (NT WorkSafe) if it proposed to undertake certain notifiable work (Schedule 5). BHP Billiton may also need to register certain items of plant (Schedule 1)

220 Olympic Dam Expansion Draft Environmental Impact Statement 2009 6.6 Local government requirements – The objectives and principles of development control have been south Australia considered in the development of the Draft Master Plan for Roxby Downs (see Chapter 5, Description of the Proposed Development Plans have been defined for each council area and Expansion and Appendix F4). The proposed town expansion has for areas described as land not within a council area, under the been designed to be consistent with the objectives and provisions of the Development Act 1993. Development Plans principles of development control in the Roxby Downs identify the desired character for different parts of the council Development Plan, in particular: area concerned, as well as the types of development preferred, and the criteria against which development applications would • Objective 1 – development in accordance with the structure be assessed. The plans cover a range of environmental, social, plans (Master Plan) for the Municipality and the town of cultural and economic matters and provide a local policy Roxby Downs framework for development, as well as the detail for • Objective 3 – provision of areas for future urban assessment of individual development applications. development to permit the orderly growth of the township • Objective 6 – provision of recreation, cultural and social Each Development Plan contains objectives and principles of activities associated with the town centre, and education development control for the council area. In Development Plans facilities with designated zones such as residential, industrial and • Objective 10 – protection and/or re-establishment of the 6 environmental protection, specific objectives and principles of natural environment in parklands and landscape areas, to development control have been developed for each zone. provide open space for recreation in large and small reserves and as a natural buffer against wind and dust. Components of the proposed expansion are located in several council areas and in areas described as land not within a council area (see Figure 6.1). The Development Plans relevant to the While the Draft Master Plan has been developed to be proposed expansion and an assessment against the intent and compatible with the existing town, it has also recognised the objectives of these plans for each of the project components is future needs of the town. The Roxby Downs (Municipality) provided in Appendix G2. The key outcomes of this assessment Development Plan would need to be revised (through the Plan are provided below. Amendment process) to reflect the growth of the town, as expressed in the Draft Master Plan. Planning policy changes The Development Act 1993 does not have general application to would be required to ensure that new development would be development activities within core project areas including the compliant. The public consultation process for the Roxby Downs Special Mining Lease (SML), and areas that BHP Billiton owns, Municipality Development Plan Amendment is being conducted occupies or is entitled to tenure over, which are required for the concurrently with consultation on the Draft EIS, and would be transport, supply or provision of petroleum, electricity or water subsequently authorised if a decision to proceed with the for the project. However, most major development activities project was made. related to the proposed expansion are within the scope of the Major Development processes (see Section 6.4.1). Local As a first step in revising the Roxby Downs (Municipality) authority approval is not involved in this process, but the Development Plan, the Minister for Planning and Urban Minister for Mineral Resources Development, or other relevant Development initiated the Roxby Downs Town Centre Plan decision makers, will have regard to the provisions of the Amendment, brought into operation on an interim basis and relevant Development Plans and the Building Rules (the Building placed on public exhibition during April to June 2007 (see Code of Australia and the South Australian Housing Code). Department of Planning and Local Government website for Where possible, Development Plans that apply to the proposed Roxby Downs (Municipality), Town Centre Zone, Plan expansion may be amended (through the Plan Amendment Amendment Report by the Minister, March 2007). This Plan process) so as not to prevent or unduly hinder the proposed Amendment affects development within the Town Centre of development and to provide a long-term planning policy Roxby Downs, creating a single Town Centre Zone that is framework against which future development proposals can be divided into a number of Policy Areas. The Plan Amendment was assessed. approved on 1 November 2007.

Roxby Downs (Municipality) Development Plan In addition to the town expansion, sections of the proposed linear infrastructure (rail line, water supply pipeline and The proposed expansion of the Roxby Downs town is subject to electricity transmission line) traverse the Buffer Zone and Rural the Roxby Downs (Municipality) Development Plan (consolidated Landscape Zone of the Roxby Downs (Municipality) 1 November 2007). The relevant objectives within the plan Development Plan. Where practicable, the linear infrastructure include specific requirements relating to the form of has been located within the existing designated services development, waste disposal (landfill), telecommunications corridor to ensure consistency with the objectives of these facilities, sustainable development, native vegetation and the zones. Further assessment against the objectives and principles use of renewable energy. Principles of development control are of development control for these zones is provided in also described in detail in the plan, including building height, Appendix G2. orientation and stormwater control.

Olympic Dam Expansion Draft Environmental Impact Statement 2009 221 Moomba

Lake Eyre North

Lake Lake Eyre Blanche South

Land not within Marree Lake a council area Callabonna (Far North)

Lyndhurst OLYMPIC Andamooka DAM Roxby Downs Lake Land not within Frome a council area (Flinders Ranges)

Lake Torrens

City of Playford Flinders Ranges Council

City of Salisbury Land not within a council area Port Augusta (Eyre) District Council of Mount Remarkable City of Port Adelaide Enfield Point Whyalla Lowly City of Whyalla Port Pirie Port Pirie Regional ADELAIDE Council Inset Upper Spencer Landing facility Gulf Desalination plant Gas pipeline alignment options Wakefield Regional Water pipeline alignment Council Adjacent Olympic Dam - SA Government water pipeline alignments District Council of Rail alignment Mallala Transmission line alignments Access corridor Gulf St Vincent Existing Roxby Downs Municipality Existing Olympic Dam Special Mining Lease 0 20 40 60 80 100 km See inset ADELAIDE EIS Study Area

Figure 6.1 Council area and Development Plan boundaries

222 Olympic Dam Expansion Draft Environmental Impact Statement 2009 Land Not Within a Council Area (Eyre, Far North, The proposed infrastructure corridors pass through six defined Riverland and Whyalla) Development Plan zones and an assessment against each of these is provided in The Land Not Within a Council Area (Eyre, Far North, Riverland Appendix G2. and Whyalla) Development Plan (consolidated 14 August 2008) covers much of South Australia, including the expanded SML, Locating the proposed linear infrastructure adjacent to existing Hiltaba Village, airport and parts of the gas pipeline corridor infrastructure corridors assists in retaining the existing options and southern infrastructure corridors (see Figure 6.1). development form of the area. The proposed landing facility All of these proposed project components are located within and access corridor are not compatible with the Coastal the Remote Areas Zone, the objectives of which include: Conservation Zone. However they have been sited and designed to minimise potential environmental, social and visual impacts • Objective 1 – a zone representing the remote areas of the (see Chapters 16, Marine Environment; 19, Social Environment; state suited to pastoral, conservation, mining and remote and 20, Visual Amenity, respectively). townships, settlements and Aboriginal lands

• Objective 2 – a zone recognising the associated Aboriginal Whyalla (City) Development Plan and non-Aboriginal cultural significance of the region, The Whyalla (City) Development Plan (consolidated 20 March including remote townships and settlements, places of 2008) applies to the proposed desalination plant at Point Lowly, heritage significance and established pastoral, grazing and the intake and outfall pipes, intake sump, pump station, water 6 farming activities supply pipeline and electricity transmission line (from the • Objective 5 – development of the zone to reflect the Cultana substation to the desalination plant). sustained growth in mining, petroleum exploration and related activities, recognising the significance of mineral The proposed desalination plant is on land zoned as Industry deposits throughout the region. (Port) and aligns with the objectives for this zone. The design and operation of the proposed desalination plant is consistent The principles of development control for land use within this with the intent of the principles of development control, and zone identifies airfields, industry in association with mining, further assessment against the objectives and principles of prescribed mining activities and remote townships and development control for this zone is provided in Appendix G2. settlements as accepted forms of development. Further assessment against the objectives and principles of The infrastructure associated with the proposed desalination development control for this zone is provided in Appendix G2. plant (intake sump, pump station, intake and outfall pipes, water supply pipeline and electricity transmission line) pass Land Not Within a Council Area (Flinders) Development through five defined zones and an assessment against each of Plan these is provided in Appendix G2. The proposed gas supply pipeline, water supply pipeline and electricity transmission line traverse land within the Pastoral Port Adelaide Enfield (City) Development Plan Zone of the Land Not Within a Council Area (Flinders) The Port Adelaide Enfield (City) Development Plan (consolidated Development Plan (consolidated 25 September 2003). The 17 January 2008) applies at the site of the existing port objectives of the Pastoral Zone relate to the grazing of livestock facilities and the existing rail line. These facilities are located and the preservation of the natural environment and character within an area zoned as General Industrial (2) with the of the zone. The proposed infrastructure components are not objectives being to accommodate primarily general industries identified as complying or non-complying forms of development with light industry and associated activities, as well as to in this zone (see Appendix G2) and there are no specific enhance the zone through quality development and objectives or principles of development control that apply to redevelopment to create an attractive and well planned their construction and operation. The Olympic Dam Draft EM industrial area. Program and HSEC Management Plan (see Chapter 24, Environmental Management Framework) would incorporate While the location of the proposed port facilities has not yet management measures to minimise potential environmental been finalised, it is anticipated that existing facilities would impacts and thus promote consistency with the broad objectives continue to be used where possible, whether they are owned by of the Development Plan. BHP Billiton or a third party, and so would comply with the Development Plan. A new bulk sulphur off-loading and storage Port Augusta (City) Development Plan facility would also be required at Outer Harbor in an area zoned The proposed transmission line, water supply pipeline, access as Industry (Port). This facility would conform to the objectives corridor, landing facility and Port Augusta pre-assembly yard of this zone and an assessment against the objectives is would be located within the area governed by the Port Augusta provided in Appendix G2. (City) Development Plan (consolidated 28 August 2003). There are no specific objectives or principles of development control related to these infrastructure types. However, policies in the Development Plan provide a broad framework for development.

Olympic Dam Expansion Draft Environmental Impact Statement 2009 223 Other Development Plans The proposed use of the Port of Darwin to export uranium The existing rail line from Port Adelaide to Pimba traverses six oxide and to store, handle and export concentrate is consistent council areas and is affected by the following council with the East Arm Draft Masterplan (see Appendix G2 for Development Plans: further details). • Mount Remarkable (District Council) Development Plan Local government areas • Port Pirie (Regional Council) Development Plan The existing Alice Springs–Darwin railway corridor, which would • Wakefield (Regional Council) Development Plan be used to transport concentrate and uranium oxide from • Mallala (District Council) Development Plan Olympic Dam to the Port of Darwin, traverses the following • Playford (City) Development Plan Northern Territory local government areas: • Salisbury (City) Development Plan. • MacDonnell Shire • Municipality of Alice Springs Other than increased use of the existing rail line, no alteration • Central Desert Shire is proposed to the existing infrastructure and, as such, the • Barkly Shire operation of the rail line would remain consistent with the • Roper Gulf Shire current objectives and principles of development control expressed in these Development Plans. • Municipality of Katherine • Victoria Daly Shire • Top End Shire 6.7 Local government requirements – • Municipality of Palmerston northern Territory • Municipality of Darwin. Port of Darwin As part of the proposed expansion, BHP Billiton would propose Other than increased use of the existing rail line, no alteration to store and handle concentrate at the Port of Darwin (East is proposed to the existing infrastructure and, as such, the Arm) prior to export. It would be expected that additional land operation of the rail line would remain consistent with the reclamation would occur as part of the ongoing development at current requirements. East Arm and that this land would support the new infrastructure to be built by or for BHP Billiton, including a storage shed and bulk materials loading facility.

BHP Billiton facilities are likely to be built within the East Arm ‘future facilities’ area, currently zoned ‘Industry – development’ in the Northern Territory Planning Scheme for East Arm. Other future facilities at East Arm include berth extensions, bulk materials stockpile areas, marine industry support facilities and reclaimed hardstand.

224 Olympic Dam Expansion Draft Environmental Impact Statement 2009