Mining Rehabilitation Fund Guidance. Department of Mines and Petroleum. Government of Western Australia. Government of Western Australia

Transcription

1 Mining Rehabilitation Fund Guidance Mining Rehabilitation Fund Act 2012 Mining Rehabilitation Fund Regulations

2 Contents Contents... 1 Background... 2 Liability to Pay the MRF Levy... 2 Infringements and Penalties... 3 Eligibility Criteria... 3 Data Periods:... 3 Calculation of Rehabilitation Liability Estimate (RLE)... 4 Identifying disturbances... 4 Submitting Data per Tenement... 4 Accuracy of Areas... 5 Assessment Date... 5 No Disturbance... 5 Calculating the Amount of Levy Payable... 5 Calculating the Rehabilitation Liability Estimate (RLE)... 5 Calculating the amount of levy payable... 6 Description of Disturbance Categories to Calculate the Rehabilitation Liability Estimate (RLE)... 6 Exploration operations... 7 Rehabilitation... 7 Rehabilitation Liability Categories and Unit Rates... 9 Appendix One Materials requiring management conditions Definitions: Basic raw materials activities Materials requiring management conditions Fibrous Minerals Radioactive Minerals Acid and Metalliferous Drainage Erodible Material Classes of disturbances containing presence of materials requiring management conditions Definitions of Disturbance Categories Mining Rehabilitation Fund quick guide to getting started Appendix Two: MRF and Rehabilitation during the life of a mine

3 Background Currently, Mining Act 1978 tenement holders are required to provide unconditional performance bonds as security to ensure they fulfil their environmental obligations. The bonds system does not cover the true cost of rehabilitating abandoned mine sites, and increasing bonds to cover the full rehabilitation costs would impose a significant financial impact on the Western Australian mining industry. Bonds discourage investment by tying up significant funds that could be used for developing a mining project. They also have to be applied to the specific mine for which the security is held; they cannot be used to address the problem of legacy abandoned mine sites. The Mining Rehabilitation Fund (MRF) will overcome these issues by providing a pooled fund, levied according to the environmental disturbance existing on a tenement at an annual reporting date. This model was chosen following extensive consultation with industry, Government and conservation/community stakeholders. Levies paid into the MRF will be used for rehabilitation where the operator fails to meet rehabilitation obligations and every other effort has been used to recover funds from the operator. Interest generated from this fund will be used to undertake rehabilitation works on legacy abandoned mine sites throughout the State and to fund administration costs. The MRF will ensure the State will be able to manage and rehabilitate abandoned mine sites. This will lead to better environmental and community safety outcomes. Liability to Pay the MRF Levy The MRF is being implemented from 1 July 2013, initially on a voluntary, opt in basis. This provides companies with an early opportunity to have their bonds retired, where approved by the (DMP) against specific criteria, and allows other companies more time to establish administrative systems before the MRF becomes compulsory on 1 July From 1 July 2014 the MRF will be compulsory. This means that by 30 June 2014 all tenement holders will be required to report disturbance data from the Levy Period 1 July 2013 to 30 June 2014, in time for the start of the MRF. The only exceptions to this are tenements associated with State Agreements not listed in the Mining Rehabilitation Fund Regulations (Regulations). State Agreement proponents can opt into the MRF and be included in a Schedule to the Regulations. Tenements with an estimated Rehabilitation Liability Estimate (RLE) below the threshold of $50,000 will be required to report disturbance data but will not be required to make payment into the MRF. Those tenement holders who opt in early during the voluntary year will be reporting disturbance data from the Levy Period 1 July 2012 to 30 June 2013 and paying a levy for that year. During the voluntary period of the MRF, tenement holders are unable to lodge submissions on tenements that have transferred into their ownership after the end of the reporting levy period (1 July 2012 to 30 June 2013). This means that any tenements transferred after 1 July 2013 can only be entered into the MRF by the previous tenement holder as they were the legal entity responsible for this tenement for the duration of the voluntary levy period. 2

4 For the compulsory periods, for the MRF, tenement ownership will align with details as recorded in Online. In accordance with the MRF Act 2012, whoever is the tenement holder on 30 June of that year must, on or before 30 June of that year, provide disturbance data through an MRF submission. For the voluntary period, the previous owner may give consideration to opting in to the MRF; the DMP imposes no restriction on who pays the MRF levy, but once the levy has been paid in full, the DMP will then retire any unconditional performance bonds relating to those tenements. Infringements and Penalties Infringements and penalties will be introduced into regulation before 1 July 2014 and the commencement of the compulsory MRF. The Mining Rehabilitation Fund Act 2012 makes it an offence to provide false or misleading information relating to levy calculation. Eligibility Criteria DMP has developed eligibility criteria for participation in the voluntary year of the MRF. If the tenement holder or controlling business entity is currently under administration, listed in liquidation, has a notice of winding up application or order, is under deed of company arrangement, scheme of arrangement or deregistration, they will be ineligible to have bonds retired. If the tenement holder has failed to lodge production reports, royalty returns and pay in full any royalties owing to the department within the prescribed time and manner, the tenement holder will not be eligible to have bonds retired during the voluntary year or the compulsory levy period. If the tenement holder has been issued with any fines, Directions to Modify or Stop Work Orders within the last two financial years and/or the tenement is due for renewal before 1 July 2014, the tenement holder will be required to write to the Executive Director, Department of Mines and, outlining reasons for requesting early entry into the MRF. This letter should include an explanation for any fines, evidence of corrective action and, in the case of tenement renewal, a written commitment to renew the tenement. The letter should be directed to mrfapprovals@dmp.wa.gov.au. This letter does not need to be written prior to your entry into the MRF as it will be requested by the MRF team in the course of processing your submission. When it is requested, your submission will be placed on hold until your response has been received and approved. DMP is updating the Bond Policy to take account of eligibility to retire bonds after the start of the MRF. The bond policy will set out the circumstances when a bond may be retained for a tenement. This will likely be when a company or controlling business entity is under administration, owes royalties, or in cases of non-compliance with environmental conditions. Data Periods Tenement holders who opt in during the voluntary period, will calculate the rehabilitation levy estimate based on data that was collected between 1 July 2012 and 30 June All tenement holders are required to supply data before 30 June 2014 and the first levy payment will be required from 1 July Those who opt in early are doing so to be considered to have their bonds retired and are paying a levy on an additional voluntary year s data to do so. Please see the diagram across. 3

5 Calculation of Rehabilitation Liability Estimate (RLE) Identifying disturbances For the purpose of the MRF, the disturbances that need to be reported are all new disturbances created within the levy period in addition to all old disturbances predating the levy period that still exist on the tenement either in a disturbed state or under rehabilitation. Only in the circumstances that there has been a break in tenure on the tenement does the tenement holder not need to report on disturbances created prior to this break in tenure. The creation of all disturbances that post-date this break in tenure are required to be reported. Submitting Data per Tenement Disturbance data is to be reported for each individual tenement. Multiple types of disturbance can be reported for an individual tenement, and the same site reference name and disturbance type can be reported across more than one tenement. This is to take account of the circumstances where disturbance footprints cross the boundaries of multiple tenements. When entering data, the Site Reference Name is what you call the disturbance and what it is labelled on site maps. The disturbance type relates to the corresponding description of infrastructure or land corresponds to a category and unit cost rate as specified in Schedule 1 of the Regulations. The Site Reference Name cannot be used more than once for an individual tenement as it needs to be unique and identifying for that specific disturbance. 4

6 Accuracy of Areas Disturbance data values are recorded by the system in hectares and not acres or metres squared. In addition, they must be recorded with at least 1 digit before the decimal point (this can be 0 ) and to a minimum of two decimal places e.g Please do not enter the measurement type. Assessment Date The Assessment Date is the date on which your disturbance data was collected. It must fall within the relevant Levy Period for your submission. No Disturbance If disturbances (as defined above) do not exist on a tenement, you must still report this through the MRF online system. For each tenement you may select the There is no assessment information to report on this tenement checkbox. You will still need to indicate an Assessment Date. Calculating the Amount of Levy Payable Calculating the Rehabilitation Liability Estimate (RLE) The RLE is calculated from the disturbances listed against each tenement. For each disturbance, the Rehabilitation liability category s unit rate is multiplied by the size of this disturbance. Any rehabilitation completed against this tenement is added at the category rate of $2000 per hectare. For each disturbance this sum is then added to provide the RLE for that tenement. Disturbance = (disturbance hectares) x (Category (Unit Rate)) + ((rehabilitation hectares) x (Category E ($2000))) = $ In the example above, Mining void = x (C) $18, x (E) $2,000 = $ 993, Landfill site = x (B) $30, x (E) $2,000 = $ 453, Tenement RLE = $ 1,447, If the RLE for a tenement is at or below the threshold specified in the Regulations, currently $50,000, no levy is payable in respect of this tenement. If all tenements are at or below the threshold, the tenement holder will not receive a Request to Pay / Assessment Notice. You will still receive confirmation that you have submitted disturbance data and that the RLE has been calculated as being below the threshold. Within the voluntary period, this is confirmation that the tenements listed have been entered into the MRF and that any bonds on these tenements will be retired. 5

7 Calculating the amount of levy payable The amount of levy payable is assessed as the RLE (if over $50,000) multiplied by the Fund Contribution Rate (FCR) as expressed in the Regulations; at Gazettal the rate is one per cent.: RLE x FCR (1%) = Amount of Levy Payable Using the data supplied in the example above, $1,447, x 1% = $14, Description of Disturbance Categories to Calculate the Rehabilitation Liability Estimate (RLE) The MRF requires tenement holders to self-assess the disturbance data for the tenement(s) they own. This includes the type of disturbance and the area in hectares for the disturbance reported upon. The data you provide must be accurate and you must have evidence to support the information you provide in your MRF report, as this may be audited by al Officers when they inspect your tenement. Tenement holders are required to keep records for a minimum of two years after the end of the Levy Period for auditing and compliance purposes. The Mining Rehabilitation Fund Act 2012 makes it an offence to provide false or misleading information relating to the levy calculation. For all tenure, other than exploration and prospecting licences, the only category for which self-assessment is not permitted is rehabilitated land. In these instances, DMP approval will be required to classify any disturbance as rehabilitated in order to attract a nil rate for the MRF. Until the DMP has signed off on rehabilitated land the tenement holder must report this disturbance as still being under rehabilitation. For disturbances on exploration and prospecting licences, proponents can self-assess to the category of rehabilitated land 1 Disturbed land 2 Land under Rehabilitation Exploration operations $2,000 per hectare Self assessed All disturbances, other than exploration operations Self-assessed as categorised by Unit rates list $18,000-$50,000 per hectare No levy payable Self assessed $2,000 per hectare 3 Rehabilitated land Self assessed No levy payable DMP approval No levy payable 6

8 Exploration operations Exploration operations are those activities directly related to exploration or prospecting for minerals, which have been approved via, and subject to, a Programme of Work (POW). In addition, exploration activities approved through a POW on other types of tenure, such as Mining Leases, will also be subject to this flat rate of $2,000 per hectare. On exploration licences and prospecting licences, where exploration operations have ceased and the disturbed land is under rehabilitation, for the purposes of the MRF the proponent will be able to self-assess that the land is no longer disturbed and that no disturbance categories apply. Department Rehabilitation of Mines and Land under rehabilitation: Land under rehabilitation, in relation to all tenure types excluding prospecting and exploration licences, means land on which primary and finished earthworks have been completed in accordance with the closure obligations that apply to the mining authorisation (whether under a condition of the mining authorisation, a POW, a mining proposal or otherwise) but have not been signed off by the DMP. This category aligns with the rehabilitation stages two and three, as used in Annual al Reports (AERs). Land at stage one, on which the earthworks have not yet been completed, will be regarded as disturbed land under the relevant disturbance category. Rehabilitated land: Rehabilitated land, in relation to all tenure types excluding prospecting and exploration licences, means land on which all rehabilitation has been completed in accordance with the approved closure obligations (whether under a condition of the mining authorisation, a POW, a mining proposal or otherwise) and has been signed off by the DMP. Once this land has been signed off by the DMP, for the purpose of the MRF, it reverts to undisturbed land and therefore does not need to be reported on. Land on which rehabilitation is complete, but which has not been signed off by the DMP, will need to be recorded as Land under Rehabilitation until the DMP sign off has been granted. For exploration and prospecting licences only, DMP signoff is not required for land to be selfassessed as Rehabilitated land. For a comprehensive diagram, please see the MRF and Rehabilitation during the life of a mine table in Appendix Two. Closure obligations The definition of rehabilitation is linked to the closure obligations of the tenement. This recognises that there is a range of potential end of life of mine land uses. While there will be consistent requirements regarding the creation of safe and stable landforms, the broader closure obligations will be specific to the next agreed land use. Closure obligations for each disturbance area/tenement can be found in the approval documentation for that activity/tenement, and the relevant Mine Closure Plan (MCP). For exploration operations on any tenement, the rehabilitation commitments and closure obligations are in the relevant POWs and tenement conditions. For mining operations on mining leases, the rehabilitation commitments and closure obligations are in the relevant Mining Proposals and MCP. 7

9 Progressive Rehabilitation Some disturbance types may be a short term land use and be able to be progressively rehabilitated through the duration of the activity. Rehabilitation of these disturbance types can be captured in the reporting for the MRF under the category Land under rehabilitation (other than land that has been disturbed by exploration operations) and will be subject to the rate of $2,000 per hectare. For disturbances which exist for the life of mine, the same principles of rehabilitation apply to reduce the unit rate of these disturbances to land under rehabilitation. For some disturbances, the completion of primary and finishing earthworks may substantially meet the closure obligations. Such disturbances could include mine voids, where the closure obligations require the construction of a bund. Like any other disturbance requiring rehabilitation, the proponent will self-assess the rate of that disturbance to $2,000 at the conclusion of the primary and finishing earthworks. In this case, the proponent may apply to DMP for approval to classify the disturbance as rehabilitated for the purposes of the MRF in order to incur a nil rate. Once the disturbed area is demonstrated to meet the closure obligations, DMP will sign off on that area and indicate that, for the purposes of the MRF, it is no longer classified as a type of disturbance and does not need to be reported as disturbed. Mining Void (above ground water level Road Closure Objective Safe and stable Bunding Accepted by local shire no works required Land under Rehabilitation Completed Bunding self assessed $2,000 per hectare Cease use of disturbance Self-assessed $2,000 per hectare Road Rehabilitated Completed primary and finishing earthworks Self-assessed $2,000 per hectare Rehabilitated land Completed Bunding DMP signed off No levy payable Sign-off from local shire accepting the liability for the road - DMP signed off No Levy Payable Completion criteria met - DMP signed off No levy payable 8

10 Rehabilitation Liability Categories and Unit Rates This table has been reproduced from Schedule One of the Regulations. Item Description of infrastructure or land Category Unit rate Tailings or residue storage facility (class 1) Waste dump or overburden stockpile (class 1) Heap or vat leach facility Evaporation pond Dam saline water or process liquor Tailings or residue storage facility (class 2) Waste dump or overburden stockpile (class 2) Low-grade ore stockpile (class 1) Plant site Fuel storage facility Workshop Mining void (with a depth of at least 5 metres) below ground water level Landfill site Diversion channel or drain Dam fresh water Low-grade ore stockpile (class 2) Sewage pond Run-of-mine pad Building (other than workshop) or camp site Transport or service infrastructure corridor Airstrip Mining void (with a depth of at least 5 metres) above ground water level Laydown or hardstand area Core yard Borrow pit or shallow surface excavation (with a depth of less than 5 metres) Borefield Processing equipment or stockpile associated with Basic Raw Material extraction Land (other than land under rehabilitation or rehabilitated land) that is cleared of vegetation and is not otherwise described in this Table Land (other than land under rehabilitation or rehabilitated land) that has been disturbed by exploration operations Land under rehabilitation (other than land that has been disturbed by exploration operations) Topsoil stockpile Exploration operations: land under rehabilitation, rehabilitated land Land not disturbed by exploration operations, Rehabilitated land signed off by the DMP A $50,000 B $30,000 C $18,000 D $2,000 E $2,000 No rate applicable 9

11 Appendix One Materials requiring management conditions Classes of tailings or residue storage facility Item 1 Either or both of the following apply to the tailings or residue storage facility (a) its highest embankment is at least 5 metres high; (b) it contains any of the following (i) fibrous minerals; (ii) radioactive material; (iii) material capable of generating acid and metalliferous drainage, including neutral drainage and saline drainage, and management requirements imposed under a condition of the mining authorisation or under a mining proposal apply to those minerals or that material 2 The tailings or residue storage facility is not of class Class Classes of waste dump or overburden stockpile Item Class 1 Either or both of the following apply to the waste dump or overburden stockpile (a) its highest point is at least 15 metres high; (b) it contains any of the following (i) fibrous minerals; (ii) radioactive material; (iii) material capable of generating acid and metalliferous drainage, including neutral drainage and saline drainage; (iv) erodible material that is capable of compromising the structure of the waste dump or overburden stockpile, and management requirements imposed under a condition of the mining authorisation or under a mining proposal apply to those minerals or that material. 2 The waste dump or overburden stockpile is not of class 1 2 Classes of low grade ore stockpile 1 Item Class 1 Either or both of the following apply to the low-grade ore stockpile (a) its highest point is at least 15 metres high; (b) it contains any of the following (i) fibrous minerals; (ii) radioactive material; (iii) material capable of generating acid and metalliferous drainage, including neutral drainage and saline drainage, and management requirements imposed under a condition of the mining authorisation or under a mining proposal apply to those minerals or that materia 2 The low-grade ore stockpile is not of class

12 Definitions: Basic raw materials activities Under the Mining Act 1978, the following materials are considered a mineral for the purposes of the Act, as long as they do not occur on private land. These materials are commonly referred to as Basic Raw Materials: Limestone, rock, gravel Shale, other than oil shale Sand, other than mineral sand, silica sand or garnet sand Clay, other than kaolin, bentonite, attapulgite or montmorillonite Processing equipment and stockpiles associated with basic raw material extraction incur a lower rate (Category C - $18,000) than other commodity extraction activities, due to the inert nature of the materials and lower impact of the processing equipment (i.e. crushing and screening). All other activities associated with basic raw material extraction, such as shallow surface excavations or voids, fuel storage facilities, etc, will incur the same rate as any other commodity extraction. Materials requiring management conditions The presence of materials requiring management conditions is one of the factors determining the classification of: waste dump or overburden stockpiles; tailings and residue storage facilities; and low grade ore stockpiles. Materials include: Fibrous minerals: materials capable of generating fibrous minerals Radioactive materials Material capable of generating acid and metalliferous drainage, including neutral drainage and saline drainage Erodible material: material prone to dispersion or has the potential to easily erode, or is capable of compromising the structure of the waste dump or overburden stockpile. Fibrous Minerals Means any waste or low grade ore that contains quantities of asbestiform fibrous hydrated silicate minerals, several of which occur naturally in both asbestiform and non-asbestiform forms, and other natural mineral fibres that are potentially hazardous due to their physical and chemical properties including erionite, wollastonite, attapulgite and sepiolite, that requires special management measures (e.g. Fibrous Materials Management Plan). This is further defined in the DMP/Mining Industry Advisory Committee Guideline Management of fibrous minerals in Western Australian mining operations. Radioactive Minerals Means any waste or low grade ore generated from uranium or thorium ores, or that requires a Radiation Management Plan under Part 16 of the Mines Safety and Inspection Regulations

13 Acid and Metalliferous Drainage Acid drainage, neutral drainage, metalliferous drainage and saline drainage are the results of a complex process governed by a combination of physical, chemical, and biological factors. The sources usually include the mine and process wastes and mine and process facilities that contain reactive sulphide and potentially neutralizing minerals involved in mitigation of acidity. Acid Drainage results from the exposure of sulphide minerals to atmospheric oxygen or oxygenated waters due to mining, mineral processing, excavation, or other earthmoving processes, whereby the sulphide minerals can become unstable and oxidise. Once this has occurred, it is difficult to halt further reactions from occurring. This results in the generation of acid. Neutral Drainage and Metalliferous Drainage occur when the acid water produced as a result of Acid Drainage further reacts with surrounding minerals and leads to the dissolution of a range of metals and salts. While the acid becomes neutralised by the minerals it dissolves, it causes increased toxic metal concentrations in the resulting drainage. Where the acid is completely neutralised by the dissolution of common carbonate minerals, the precipitation of metals and their removal through drainage may occur. Saline Drainage occurs where the acid drainage is completely neutralised and the resulting drainage does not contain toxic metal residues. This drainage may still require management conditions due to a sulphate salinity issue. Erodible Material Any dispersible material that is susceptible to erosion and requires specific management. Classes of disturbances containing presence of materials requiring management conditions The class level of the waste dump or overburden stockpile, low grade ore stockpile and tailings or residue storage facility is dependent on the presence of these materials, and whether specific management is required through imposed tenement conditions, or commitments provided as part of approval under the Mining Act If the waste dump or overburden stockpile, low grade ore stockpile and tailings or residue storage facility does contain any materials requiring management conditions, then these land uses will be assigned as Class 1. If the waste dump or overburden stockpile, low grade ore stockpile and tailings or residue storage facility does not contain any of the materials requiring management conditions, then its height will determine its classification. A class level of 1 is assigned to a waste dump or overburden stockpile, and the low grade ore stockpile where its highest point is at least 15 metres above the surrounding landscape. A class level of 1 is assigned to a tailings or residue storage facility where its highest embankment is at least five metres high. Definitions of Disturbance Categories Airstrip The specified area associated with the operation of the aerodrome and its traffic. This includes the active runway and any supporting infrastructure (i.e. weather stations, communication towers etc.). 12

14 Borefield The area that contains the bores and associated infrastructure through which water is extracted. Borrow pits and shallow surface excavations Surface excavations, made as a result of mining operations, that do not exceed five metres in depth from the surrounding levels. This includes, but is not limited to, shallow strip mining and sand mining. Mining voids that have been back-filled with waste rock to within five metres of the ground level can be included in this category. Building (other than workshop) or camp site Miscellaneous infrastructure, other than workshops, which are associated with the mining operation. Such infrastructure includes camp sites, office buildings, stores and laboratories. Core yard Area associated with the storage of samples obtained as part of conducting exploration activities. Dams freshwater The area associated with the storage of water with a quality considered to be fresh to marginal/brackish (Total Dissolved Solids not exceeding 2000mg/L). Dam saline water or process liquor The area associated with the storage of water or process liquors of poor quality, containing physical, chemical or biological characteristics capable of impacting upon the environment (Total Dissolved Solids exceeding 2000 mg/l). Diversion channels and drains Infrastructure associated with the diversion, capture and/or transport of overland water flows. These may be associated with freshwater and saline or processed liquid dams. Evaporation pond Facility used for the storage and evaporation of water or wastewater. Fuel storage facility The area of land (inclusive of infrastructure) associated with the storage of hydrocarbons and other fuels required as part of the mining operation. Fuel storage facility may also include refuelling facilities such as a refuelling pad, bowsers, and any associated infrastructure such as an oil/water separator. Heap or vat leach facility Facility used to extract minerals and/or other compounds from ore; either via placing the ore on a liner and adding chemicals via drip systems (heap leach), or via placing an ore slurry within a tank/vessel along with chemicals and mixing/agitating the solution (vat leach). Laydown or hardstand area Area associated with the storage of miscellaneous mining equipment (with the exception of hydrocarbons or hazardous material). 13

15 Low grade ore stockpiles The area of land associated with the dry storage of ore of inferior grade or quality. Low grade ore stockpiles are to consist predominately of ore minerals, with little to no waste materials. Stockpiles consisting of predominately waste materials are to be considered a waste dump or overburden stockpile for the purpose of the MRF. As part of assigning the above land description, the class of the facility must also be considered. The disturbance classes are detailed in Schedule 1 of the Regulations, and explained in the materials requiring management conditions section above. Department Mining of Mines voids and Surface excavations made as a result of mining operations which exceed five metres in depth from the surrounding levels. The mining void does not need to include the bund and area of land cleared between the bund and the mining void. These may belong under the category Land (other than land under rehabilitation or rehabilitated land) that is cleared of vegetation and is not otherwise described in this table. Mining voids are divided into two categories dependant on the impact of the mining void upon the groundwater level. If the mining void reaches, and progresses below the natural ground water level, the void must be categorised as below ground water level. This is regardless of whether the void has been dewatered and a cone of depression created. The depth is determined separately to the placement of the ground water level in and around the void. (see diagrams below) Mining void (with a depth of at least 5 metres) - below ground water level (illustrating the creation of a cone of depression The depth of the void is to be taken from the highest point of the void s perimeter. Please see the examples diagrammed below: 14

16 If the depth of the mine is under five metres the disturbance may be a Borrow Pit and Shallow Surface Excavation If a mining void contains levels of varying depths, the void can be divided into several categories to align with the different disturbance types. Such a division is made vertically up from the edge of the plateau of the shallower section. The outer perimeter of the second deeper mine is taken from the point at which the void starts to dip lower to the second depth. (see diagram). Plant site Mining void containing levels of varying depths. The area of land that is required for the operation of machinery and equipment associated with the processing of minerals. A plant site may include, but is not limited to; mill, concentrator, crusher, processing tanks or vessels, or power station. Storage areas for toxic or hazardous processing chemicals should be included in the plant site definition. Processing equipment or stockpile associated with basic raw material extraction All facilities for the crushing, screening or other processing of basic raw materials, along with the resulting stockpiles of processed or un-processed material. Tailings and Residue Storage Facilities An area used to store and consolidate tailings. As part of assigning the above land description, the class of the facility must also be considered. The disturbance classes are detailed in Schedule 1 of the Regulations, and explained in the materials requiring management conditions section above. Topsoil Stockpiles Area associated with the storage of growth material / topsoil. Growth material / topsoil is considered to be the upper, outermost layer or soil which contains the highest concentration of organic matter and microorganisms. In soil classification systems, topsoil is often referred to as the A Horizon. Typically, this layer is usually 10 to 20cm in depth from the surface; however this will vary with soil condition. Transport or service infrastructure corridor Includes roads (access and haulage), causeways, rail, pipelines and power lines. These types of infrastructure have been categorised together as they often occupy the same footprint. Waste dump and overburden stockpiles Waste dump and overburden stockpiles are defined as areas associated with the storage of unprocessed waste material resulting from a mining operation. As part of assigning the above land description, the class of the facility must also be considered. The disturbance classes are detailed in Schedule 1 of the Regulations, and explained in the materials requiring management conditions section above. Workshop The area of land that is occupied with buildings for the maintenance and storage of plant equipment and mine vehicles. 15

17 Mining Infrastructure not recognised in the Regulations DMP recognises that the Regulations do not have descriptions for all types of mining infrastructure. For example, there is not currently a definition for a sea wall in the Regulations. It is proposed that any unique structure that does not fit within the current Regulations classifications be considered on a case by case basis until an amendment to the Regulations can be developed to take account of the risk profile of the structure. Tenement holders with a unique structure are encouraged to contact DMP prior to lodging an MRF submission to agree on an appropriate interim category for reporting the structure. Mining Rehabilitation Fund quick guide to getting started Before you can commence the MRF Lodgement, you must have registered with DMP. You should have received a letter during May or October which contained instructions on how to register and also the necessary verification codes to use during registration. If you did not receive or have misplaced these letters, please the MRF Team on MRFenquiry@dmp. wa.gov.au and provide your name, company name, tenement numbers and the address(es) these tenements are registered to. Once you have registered for the MRF: Step 1: Go to the DMP website at Step 2: Click On-line Systems and then EARS (Online) as showing below: 16

18 Step 3: Click on either of the EARS 2 links Step 4: Login using the DMP User Name (ex account) and password. Note: If you have forgotten your password, you can reset it via the Forgot Password option 17

19 Step 5: Login using the DMP User Name (ex account) and password. Step 6: You will be logged into EARS 2. Please click on the Levy menu item to continue. Note: You may not have all of the menu items shown above. These relate to other elements of the system. For the MRF, you must have the Levy menu item. Step 7: The first page in the MRF area is the Summary page. Click on the appropriate record to commence your lodgement. 18

20 Note: To opt into the Voluntary Period, you must select the rows which show Jun 2013 (Voluntary Period) on the right hand side. The other rows are for the Levy Period 1 July Jun These will need to be completed before 30 June Should you have any queries regarding the implementation of the MRF, please contact the MRF Team on (08) or MRFenquiry@dmp.wa.gov.au. 19

21 Appendix Two: MRF and Rehabilitation during the life of a mine Appendix Two: MRF and Rehabilitation during the life of a mine Undisturbed land Disturbed land Stage 1 Rehabilitation Stage 2 Rehabilitation Stage 3 Rehabilitation Stage 4 Rehabilitation Mining / Exploration / Prospecting Preliminary earthworks Completed earthworks Revegetation All agreed completion criteria underway Landform reshaped Growth media respread Native vegetation establishing, met Drainage features constructed Ripping but yet to demonstrate self- DMP signoff received** Demonstrated stability sustainability under representative climatic conditions Undisturbed land is not reported Reported in the MRF Reported in the MRF as the original Reported in the MRF as under Reported in the MRF as under No MRF in the MRF (based on the Rehabilitation Liability disturbance type rehabilitation against the original rehabilitation against the original (if all agreed rehabilitation has been Categories A, B, C and D.*) (based on the Rehabilitation Liability disturbance type disturbance type completed in accordance with the Categories A, B, C and D.*) (based on the Rehabilitation Liability (based on the Rehabilitation Liability requirements of the Programme of Category E.*) Category E.*) Work, or Mining Proposal and signed off by the DMP)** Example: 5ha Access Road 5ha Access Road 5ha Access Road 5ha Access Road No disturbance: Undisturbed land Undisturbed: No disturbance (reported into the MRF as Transport ((reported into the MRF as Transport (reported into the MRF as Land under (reported into the MRF as Land under or Service infrastructure corridor, or Service infrastructure corridor, Rehabilitation (other than land) that Rehabilitation (other than land) that has category C.) category C.) has been disturbed by exploration been disturbed by exploration activity, RLE = 5ha x $18,000 activity, category E, against category E, against Transport or Service RLE = 5ha x $18,000 $90,000 Transport or Service infrastructure infrastructure corridor.) $90,000 corridor.) RLE = 0 x $18, x $2,000 RLE = 0 x $18, x $2,000 $10,000 $10,000 NOTES: * Rehabilitation Liability Categories are listed in Schedule 1 of the Mining Rehabilitation Fund Regulations. They are determined through self-assessment. Any data submitted may be audited, so tenement holders will need to keep evidence records (e.g. surveyor reports) that support the data submitted to the department. It will be an offence to knowingly provide false or misleading information. ** The rehabilitated land must be monitored by the tenement holder and kept stable, or subsequent self-assessment (and/or audits by the department) may determine that the land disturbance category has changed. This may cause the MRF to be re-imposed or increased. 20

22 Mineral House, 100 Plain Street East Perth, Western Australia 6004 Tel: Fax: dmp@dmp.wa.gov.au Web: Published July 2013 DMPJUL13_