LEGAL BARRIERS TO THE USE OF
MINE DEWATERING SURPLUS
NELA (WA) STATE CONFERENCE
THURSDAY 3 SEPTEMBER 2015 | HYATT REGENCY | PERTH
Daniela Tonon, Special Counsel, +61 8 9211 7798, [email protected]
OVERVIEW
•
State policy framework – mining projects in WA
•
What is mine dewatering surplus?
•
Regulatory requirements and approvals
•
Pilbara region: use of mine dewatering surplus for irrigated agriculture
•
Future opportunities and challenges
•
Questions
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STATE POLICY FRAMEWORK – MINING PROJECTS IN WA
•
Department of Water 2013 Western Australian water in mining
guideline
– Options to use mine dewatering surplus can be considered at any time
during the mine’s life
– However, desirable to consider expected surplus volumes and
alternative uses for the surplus water as early as possible - preferably
during Stage A (prelim consultation) or Stage B (scoping of the project)
– Proponent to optimise the use of mine dewatering surplus (either on
site or off site) to maximise efficiency and reduce adverse effects of
releases to the environment
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STATE POLICY FRAMEWORK
•
Department of Water 2013 Strategic policy 2.09: Use of mine
dewatering surplus
– Neither the Mining Act 1978 (WA) nor the Rights in Water and Irrigation
Act 1914 (WA) (RIWI Act) expressly limit or restrict the use of mine
dewatering surplus for non-mining related purposes
– Check State Agreements: some contain explicit rights
– However, relevant approvals to authorise the use of water will need to
be obtained
– Alternative uses for surplus water may require proponent and/or
third party to obtain additional approvals
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WHAT IS MINE DEWATERING SURPLUS?
•
Effective and efficient use of water by mining companies is encouraged
•
Mine dewatering surplus is the volume of water from a mine dewatering
operation which is surplus to the water requirements of a particular mine
•
Mine dewatering volumes must first be used for:
 mitigation of environmental impacts
 fit-for-purpose onsite activities (processing, dust suppression, mine
camp use)
•
Any dewatering volumes that remain after these requirements have been
met constitute mine dewatering surplus
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REGULATORY REQUIREMENTS AND APPROVALS
•
No legal barriers…but complex regulatory process involving various State
agencies
•
Key approvals required:
– To construct/alter a well, a section 26D licence under RIWI Act
– To dewater, a section 5C licence under RIWI Act to take water
– If supply to a third party constitutes a “water service” under the
Water Services Act 2012 (WA), a licence or exemption
– If supply is to be used for drinking water purposes, limitations may
apply if source of water falls within a public drinking water source area
(PDWSA)
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REGULATORY REQUIREMENTS AND APPROVALS
•
Other key approvals:
– Environmental approval may be required under Part IV of the
Environmental Protection Act 1986 (WA) (EPA) if use of surplus water
has the potential to adversely impact the environment; Where a
dewatering proposal triggers a prescribed premises category, it must be
assessed under Part V of the EPA and in accordance with a works
approval or licence
– Ministerial approval to impact an Aboriginal Site may be required under
the Aboriginal Heritage Act 1972 (WA)
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REGULATORY REQUIREMENTS AND APPROVALS
•
Other key approvals (continued):
– Appropriate land tenure may entail other approvals, for example:
o future acts under the Native Title Act 1993 (Cth)
o diversification permits issued by Pastoral Lands Board under the
Land Administration Act 1997 (WA)
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MARANDOO IRON ORE MINE, PILBARA
MAP: Location map — Marandoo
mine in Western Australia
Source URL:
http://www.nwc.gov.au/publications/
topic/assessments/australias-waterblueprint-national-reformassessment-2014/chapter-3progress
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MARANDOO – INTEGRATED WATER MANAGEMENT SCHEME
•
Marandoo mine is located approx. 45 km east of Tom Price, adjacent to
Karijini National Park
•
Key components:
 Water supply to the Marandoo mine operations and accommodation village;
 Water supply to Tom Price mine and town;
 Reinjection into the acquifer accessed by the Southern Fortescue Borefield;
 The Hamersley Agriculture Project (HAP) – irrigated agricultural scheme using
centre pivot irrigators on RTIO’s Hamersley Station to grow hay;
 A buffer dam to store irrigation water volumes unable to utilised during winter; and
 Environmental approval for limited discharge into a nearby creek.
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HAMERSLEY AGRICULTURAL PROJECT (HAP), PILBARA
PHOTO: An aerial photo
of the pivot at Rio Tinto’s
Hamersley Agricultural
Project (HAP) on
Hamersley Station. These
were some of the first
centre pivots in the
Pilbara to use surplus
dewater from mining to
grow irrigated crops.
(supplied: DAFWA)
http://www.abc.net.au/ne
ws/2015-07-09/pilbarapreparation-to-sow-cropsusing-minewater/6606388’
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HAMERSLEY AGRICULTURAL PROJECT (HAP), PILBARA
PHOTO: This hay was
grown using excess water
at a Pilbara mine site.
(Lucie Bell)
http://www.abc.net.au/ne
ws/2014-07-28/pilbaraag-vision/5621778
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PILBARA HINTERLAND AGRICULTURAL DEVELOPMENT
INITIATIVE (PHADI)
•
Pilbara Hinterland Agricultural Development Initiative (PHADI)
– Funded by Royalties for Regions over 4 years
– PHADI will assess the potential of irrigated agriculture in the Pilbara
utilising surplus mine dewater and other in-situ water resources, and
deliver high-impact research outcomes to assist future development
decisions by government and industry
– Initial pilot site underway
– Second pilot site is currently being explored
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PHADI - PILBARA LAND AND WATER ASSESSMENT
MAP: The study area for the
Pilbara Hinterland Agricultural
Development Initiative is
approximately 270,000 km2,
or 27 million hectares.
Source URL:
https://www.agric.wa.gov.au/newsle
tters/pilbara-hinterland-agriculturaldevelopment-initiative-issue-1
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WOODIE WOODIE PILOT PROJECT, EAST PILBARA
•
The 38-hectare pilot site is located on Warrawagine Station, about 140
km south-east of Marble Bar
•
The Warrawagine Cattle Company will use excess water from the nearby
Woodie Woodie manganese mine to irrigate a variety of crops, including
sorghum, maize, and oats (ABC, July 2015)
•
There are plans for 3 pivots and crops are expected to be used for cattle
feed for the Station and potentially for biofuel for the mining industry
•
2 year pilot commenced in 2015, seeding has started
•
Initial “hiccup” when Woodie Woodie mine ceased dewatering operations
•
Trial results will be collated into a report and made publically available
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WOODIE WOODIE PILOT PROJECT, EAST PILBARA
PHOTO: The Woodie Woodie pilot
project is a 38-hectare irrigation
trial on Warrawagine Station in the
remote eastern Pilbara. The pilot
will trial a range of irrigated crop
species and test the logistics of
irrigated agriculture using mine
dewater as part of the Pilbara
Hinterland Agricultural
Development Initiative (PHADI).
Source URL:
https://www.agric.wa.gov.au/newsle
tters/pilbara-hinterland-agriculturaldevelopment-initiative-issue-1
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WARRAWAGINE STATION, EAST PILBARA
PHOTO: Sorghum will
be grown at
Warrawagine Station in
the East Pilbara, using
excess water from
Woodie Woodie mine
(AgGrow Group)
Source URL:
http://www.abc.net.au/n
ews/2014-0310/sorghumtrial/5310066
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FUTURE OPPORTUNITIES AND CHALLENGES
•
Opportunities
– Beneficial uses solutions enable water to flow to its highest and best
use (key NWI principle)
–
–
–
–
–
Use on other mine sites
Mine rehabilitation and closure (eg. re-establishment of native veg)
Agriculture and horticulture
Town drinking water supply / community amenities (eg. POS)
Industrial use
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FUTURE OPPORTUNITIES AND CHALLENGES
•
Challenges
– Whole of government approach?
– Reliable and variability of supply: water supply will only be available as
long as the mine is operating and volumes may vary
– Water quality: quality of water may vary over the life of the mine as
water is abstracted from different parts and from different depths
– Cost of using dewatering surplus v cost of establishing a new supply?
– Supply chain logistics
– Cumulative impacts?
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QUESTIONS?