Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697643339902.pdf (Australia)
Submission on Rehabilitation of Mining and Resources Projects Ian Little, 21 February 2017 Submission to: Committee Secretary, Senate Standing Committees on Environment and Communications PO Box 6100 Parliament House, Canberra ACT 2600 Dear Sir/Madame, Rehabilitation of Mining and Resources Projects Thank you for the opportunity to make a submission.

I live in Wondecla, Herberton, in Far North Queensland.
As an environmental scientist, I have worked on rehabilitation with large and small mining companies, Rio Tinto being an example of large and Gulf Alumina small.

I have also worked with Terrain NRM on Reef Rescue grants for graziers and farmers.

My semi-retirement pursuit is working with grass-fed beef producers.

Prior to my work as an environmental scientist, I also had a career in Queensland Aboriginal affairs.

First, I have summarised my views.


I then address all the terms of reference (ToR) providing some detail and examples.

I end with some general statements, part of ToR (k).

Summary Environmental legislation is failing because it has become focused on a fallacy of having minimal impact and that detecting harm by monitoring will solve problems.

The latter has turned environmental public servants into enforcement officers, rather than facilitators.
Thus mining company and tax payer financial resources have not been focused on the most important element that is rehabilitation.

Environmental legislation has become prescriptive, rather than expecting good outcomes under a duty of care.

Generally scientists have difficulty agreeing on good revegetation outcomes and thus signing off on end point criteria.
Native vegetation cannot be returned to pre-disturbance composition, at least in the short term, as it can take 50-100 years or more to reach an end point.

Savannah type woodlands are further complicated as they change with seasons and climate, as well as dependent on disturbance by fire and/or grazing.

A successful rehabilitation practitioner understands ecological roles of various plants in regenerating vegetation communities, succession processes and how to ensure progression to diversity.
In the case of regenerating savannah type vegetation, they understand the importance of disturbance by fire or grazing.

Rehabilitation starts with preservation of soil quality in the mining process, or regenerating degraded soil prior to revegetation.

Good soil management is often not practiced.

Legislation should ensure a duty of care, not be prescriptive.

Financial assurance should be realistic going forward.
Rather than collecting retrospective financial assurance on past disturbance, or failed rehabilitation, there should be commitment to progressive rehabilitation.

Regenerating vegetation communities that have reached a stable, self-sustaining state, should be accepted, rather than 1 Rehabilitation of mining and resources projects as it relates to Commonwealth responsibilitiesSubmission 30 struggling to reach agreement on an end-point.
Timely refund of financial assurance should be an incentive for mining companies to re-establish healthy soil with regenerating vegetation.

Terms of Reference (a-k) The following are my comments and suggestions under the Terms of Reference (ToR): a) the cost of outstanding rehabilitation obligations of currently operating projects: Current focus on impact assessment and environmental monitoring is excessive and expensive, especially for small companies seeking mining approval.
Financial resources should be spent on low impact mining practices, maintaining or rebuilding soil quality, as well as progressive rehabilitation, leading to early completion of rehabilitation after mine closure.

b) the adequacy of existing regulatory, policy and institutional arrangements to ensure adequate and timely rehabilitation: Scientists have difficulty agreeing on methods of revegetation and signing off on end point criteria.
Native vegetation cannot be returned to pre-disturbance composition, at least in the short term.

Regenerating rainforest can take 50-100 years or more to reach an end point.

Savannah type woodlands can take over 50 years, though are further complicated by the fact that savannah is under constant change with seasons and climate, as well as dependent on disturbance by fire and/or grazing.
A successful rehabilitation practitioner understands ecological roles of various plants in regenerating vegetation communities, succession processes and how to ensure progression to diversity.

In the case of regenerating savannah type vegetation, they understand the importance of disturbance by fire or grazing, that is, disturbance is a natural process on grassland and open woodland.

Aboriginal elders of yesteryear called their selective burning of patches of land “Fire stick farming”.
Aboriginal stockman were quick to understand the benefit of moving stock and as drovers, willing to camp out.

Successful rehabilitation cannot be achieved unless soil health and quality is first addressed.

Many environmentalists are not fully aware of the importance of soil carbon and the complexity of soil biology.

Agricultural practitioners have lost this knowledge with the adoption of industrial agriculture practices.
This lack of awareness is why we, as a nation, don’t place preservation of good agricultural soils as a high priority in mining approvals.

c) the adequacy and transparency of financial mechanisms, including assurances, bonds and funds, to ensure that mining and resources projects are rehabilitated without placing a burden on public finances: This has clearly been inadequate in the past and is and should be addressed.
However, I do not agree with retrospective increases in financial assurance, which is practiced by the Queensland Government (I am not aware if this is the case in other States).

A mining company, particularly a small one, has difficulty asking its investors to fund rehabilitation of past activities, particularly if conducted by a previous owner-operator.
To stop the problem of mining companies selling non-rehabilitated projects, particularly to a phony business, sales should not be allowed unless financial assurance is adequately funded.

2 Rehabilitation of mining and resources projects as it relates to Commonwealth responsibilitiesSubmission 30 d) the effectiveness of current Australian rehabilitation practices in safeguarding human health and repairing and avoiding environmental damage: Not adequate, but improving.
Unfortunately affected by the problems of poor soil handling and lack of agreement on remediation techniques and end point criteria.

Re safeguarding human health, we need to be transparent and honest with mining in agricultural areas and close to small towns, notably with coal mining.
e) the effectiveness of existing abandoned mines programs, with regard to repairing environmental damage and safeguarding human health: Under-funded and affected by the problem of lack of agreement on rehabilitation techniques.

A portion of mining industry tax and revenue from fines should be allocated to rehabilitation of abandoned mine sites.

f) whether any mining or resources companies have engaged in conduct designed to avoid fulfilling their rehabilitation obligations: I expect the answer is yes.
However, lack of full understanding on the importance of soil and disagreement on rehabilitation techniques are major contributing factors.

A duty of care with an expectation of outcomes would be better than trying to legislate rehabilitation practices, as well as timely refund of financial assurance on success.
g) the potential social, economic and environmental impacts, including on matters of national environmental significance under the EPBC Act, of inadequate rehabilitation: Identifying impacts to present in voluminous environmental impact statements (EIS), which I consider mainly to be a public relations exercise, is not solving the problem, worse, is wasting financial resources.
If we have the courage as a nation to accept an unavoidable level of mining impact, we could focus on mitigation and rehabilitation.

We should not have duplication of legislation between States and Commonwealth.

h) the potential social, economic and environmental benefits of adequate rehabilitation, including job opportunities in communities affected by job losses in the mining and resources sectors: This can be achieved with greater emphasis on rehabilitation and work on abandoned sites.
Unlike under the current focus on impact assessment and monitoring, far more productive job opportunities would be generated.

i) international examples of effective rehabilitation policy and practice: For most of our mine site rehabilitation, we need examples from warm savannah regions, for which, we do have good examples within Australia.

A very good comparison is the difference in rehabilitation success between bauxite mines in Nhulunbuy (Gove Peninsula) and Weipa.
Strip-to-floor topsoil handling is the key factor in achieving far better results in Nhulunbuy.

Communication with and involvement of Traditional Owners is also better, which is easier if there is better to show.
j) proposals for reform of rehabilitation of mining and resources projects: For reasons mentioned and especially the problem of scientists not being able to agree on methods of rehabilitation or end point criteria, I suggest a focus on intent and duty of care, rather than 3 Rehabilitation of mining and resources projects as it relates to Commonwealth responsibilitiesSubmission 30 legislation.

Mining companies should be rewarded for stable and sustainable prescriptive rehabilitation outcomes.
Failure to achieve rehabilitation outcomes should incur increases in financial assurance and success rewarded with refunds.

Mining companies should not be permitted to sell projects without full divulgence of rehabilitation status and problems, as well as a Government approved level of financial assurance.

I have had recent experience with a mine, sold at a grossly excessive price by deception.
The new owners have subsequently been hounded by Government officers and prosecutors to the point of them wanting to walk away, another abandoned mine site likely to be the outcome.

As the new owners are non- Australian, I feel embarrassed when meeting with them, knowing how they have and are being treated by fellow Australians.

This example has also demonstrated to me how small businesses can be subjected to harsher treatment than large multi-national companies.
k) other related matters: As we all know, our country is over-governed.

There is inconsistency in legislation between States and in implementation within States – certainly in my experience within Queensland.

It is unfair for small business that large mining companies can better afford the cost of complying with onerous legislation, imposed by two (to 3) levels of Government and by numerous departments.
It would be more effective and far less expensive for both tax-payers and mining companies if the Commonwealth Government ensured a similar standard in all States, rather than duplicating environmental legislation, as well as moving to a duty of care approach.

Science can be part of the problem.

Science has worked brilliantly in technology.


Where science can fail is in its compartmental approach, the yes/no hypotheses method can be inadequate in the highly complex and integrated field of ecology - in agriculture and the natural environment (also in body ecology).

Anecdotal evidence is based on observation of what happens in nature and from traditional knowledge and experience – science dismisses such evidence until proved.
Good rehabilitation practitioners have a better holistic understanding through experience.

We now live in a litigation driven society.

This has stifled initiative, diminished individual responsibility and choice, turned citizens against each other, as well as turned public servants into enforcement officers, fearful of taking ‘risks’.

This system has produced sterile food with low nutrient content, which affects our health, physically and mentally.
An area in which it is easier to start turning away from this direction is in environmental legislation.

I wish you all well in your endeavours to make change for the better.

Yours sincerely, Ian Ian Little 4 Rehabilitation of mining and resources projects as it relates to Commonwealth responsibilitiesSubmission 30