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9.7 Mining and the Australian Environment: 2. Laws relating to mining, landholders and the Government
| Syllabus reference (October 2002 version) | ||
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| 2. The laws related to mining leases, rights of the land-holder and the role of governments in granting leases | Students learn to: | Students: |
Extract from Earth and Environmental Science Stage 6 Syllabus (Amended October 2002). © Board of Studies, NSW.
[Edit 7 Aug 08]
outline the effect of one state or federal government policy on mining operations in the context of sustainability
State example: NSW Department of Agriculture, Mineral Resources Environmental Policy
- The management of exploration and mining in NSW is
controlled by the NSW Department of Agriculture, Mineral Resources Environment
Unit.
- The Environmental Policy of the NSW Department of
Agriculture, Mineral Resources recognises that environmental management and
rehabilitation are integral parts of all mining processes. The policy also
recognises that the interests of the community and occupiers of land which
is likely to be affected by mining should be recognised in the planning, operational
and rehabilitation phases of the mining process.
- The Environmental Policy is divided into three sectors
- Project development, Rehabilitation and Exploration and mining - each further
divided into industry expectations and NSW Department of Mineral Resources
obligations.
- A list of NSW State governmental policies on environmental
management and mining (including the Environmental Policy) may be found on
the NSW Department
of Agriculture, Mineral Resources
web site.
Federal example: the ‘three mines policy’
- In 1996, the Australian Labor Party abolished the
‘three mines policy’; a policy stating that Australia is only
allowed to have three operational uranium mines. Since this abolition, new
uranium mine developments have commenced at Beverley (SA) and Honeymoon (SA).
- The government saw the removal of this policy as a way to benefit Aboriginal peoples, as many of the prospective mining areas occurred on Aboriginal land, and the government would ‘compensate’ Aboriginals for the use (or destruction?) of their land.
discuss the implications of one landmark decision on mining operations in Australia such as Wave Hill, Mabo, or Wik
- The high court of Australia passed a Native Title claim for Eddie Mabo in 1992.
- The Commonwealth Native Title Act was passed in 1993.
- The High Court also decided in favour of the Wik people in December 1996.
- The three cases mark a fundamental shift in the recognition of Indigenous rights in Australia.
- The recognition of multiple uses for the same tract of land has allowed the prospect that Mining may have to be negotiated between the Crown and the other interested parties (ie. the Indigenous peoples and the Mining Company).
- This decision is not extraordinary, it simply shows that under common law there is a further interest in the land (native title) that needs to be considered and /or compensated before a mining activity can take place.
gather information from secondary sources to predict the effect of one landmark decision on the exploitation of the named deposit
- Predicting the effect of a landmark decision is quite difficult.
- Gather information on a mine such as the Jabiluka Uranium Mine (closed as at February2004) and summarise the effect the Native Title decision has had on the operations of the mine.
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