Kagara Copper fined $120,000

Media Statements

Minister for Environment and Heritage Protection
The Honourable Andrew Powell

Friday, November 22, 2013

High penalties for failing to meet environmental standards

Minister for Environment and Heritage Protection Andrew Powell urged the resources industry to ensure any water releases comply with environmental standards ahead of the traditional ‘wet season’.

The call comes after former operator of Baal Gammon copper mine, Kagara, pleaded guilty to three charges yesterday relating to the unauthorised release of contaminated water into Jamie Creek and the Walsh River west of Herberton during the 2011/12 wet season.

“The resources industry as a whole has done a significant amount of work in relation to water management and we are seeing improvements,” Mr Powell said.

“For example, in 2010 - 2011, under the former Labor Government, the former DERM investigated 56 breaches of environmental authorities by 22 coal mines in the Fitzroy Basin. 

“By comparison, there were 25 non-compliant mine water releases from 12 mines during the 2012-2013 wet season.    

However, Mr Powell warned that any company which fails to meet high environmental standards will face severe penalties.

“The unauthorised release of mine affected or contaminated water into creeks and streams is a serious offence,” he said.

Kagara was yesterday fined $120,000 contravening an environmental protection order, unlawfully causing material environmental harm, and breaching a condition of the mine’s Environmental Authority.

In September 2013, the owner of the mine, Baal Gammon Copper Pty Ltd, was fined $80,000 in relation to the discharges.

“These matters resulted from an investigation which was initiated in early March 2012 after Kagara notified the Department that the mine experienced a release of suspected contaminated water into a nearby creek,” Mr Powell said.

“High concentrations of heavy metals, including copper, cadmium and arsenic were identified in Jamie Creek and Walsh River.

“This posed a potential risk to people living near the Baal Gammon copper mine.

 “Residents where advised not to drink water from the Walsh River at the time following the releases.

 “The Newman Government takes non-compliance with conditions of environmental authorities very seriously even if the company is in receivership,” Mr Powell said.

“Authority holders are responsible for their mine even when another company, acting under the environment authority, manages the day to day operations at the site.

“This government has made sure the owner of the Baal Gammon mine has been held to account over mine water contamination in far north Queensland, and we will not hesitate to pursue any company who fails to meet our high environmental standards during this coming wet season.”

[ENDS] 22 November 2013

Media contact: Brooke Hargraves 0458 689 043

release of mine water into the Fitzroy

Legacy Mine Water Program

The Department of Environment and Heritage Protection (EHP) is responsible for regulating and monitoring mines water releases into receiving environments and works collaboratively with other government agencies in managing, monitoring and mitigating mines releases during times of extreme weather events.

The Economic Development Act 2012  was passed by the Qld Parliament on 29 November 2012 to enable the State Government to approve the release of water from mines with only 24 hours notice.  The Qld Government will extend the Legacy Mine Water program to other coal mines in the Fitzroy River Basin in the next wet season, through changes to the coal mines environmental authorities.

Under a Temporary Emissions License, companies no longer have to test their mine water for contaminants before they release.

Central Queensland coal mines still have an estimated 250 gigalitres of excess water as a result of the recent wet seasons.

The Qld Government is committed to working with industry to address the legacy mine water issue, as an important step to delivering a long-term improvement in Fitzroy basin water quality.

carmichael coal-mine and rail

Adani is proposing to develop a 60 million tonne (product) per annum (Mtpa) thermal coal mine in the north Galilee Basin approximately 160 kilometres (km) north-west of the town of Clermont, Central Queensland. All coal will be railed via a privately owned rail line connecting to the existing QR National rail infrastructure near Moranbah, and shipped through coal terminal facilities at the Port of Abbot Point and/or the Port of Hay Point (Dudgeon Point expansion). The Carmichael Coal Mine and Rail Project (the Project) will have an operating life of approximately 90 years.


8.3.4.2 Greenhouse Gas Emissions
Table 8-6 outlines the average greenhouse gas (GHG) emissions predicted for each project in the Study Area. The total GHG emissions for projects in the region for which emissions data is available is 13.0 MtCO2-e per annum. The Project’s contribution to cumulative greenhouse gas emissions is considered to be of low significance.  However, the study does not take into account any of the emissions for transporting the product over vast distances or indeed the emissions associated with burning the product as a fuel.

From Table 8-6 Greenhouse Gas Emissions: Project Greenhouse Gas Emissions Average
Emissions: Carmichael Coal Mine and Rail Project Mine:  2,286,000 (t CO2-e / yr) plus 637,000 (t CO2-e / yr) for the rail project.

 The project's impacts on matters of national environmental significance are being assessed under a bilateral agreement process.

The Coordinator-General will consider your submission as part of his assessment of the project's environmental impacts.

Submissions close at 5pm on Monday 11 February 2013.

Oswald and water

Many parts of Australia have experienced the extremes of weather over the past week, as ex-tropical cyclone Oswald moved down the east coast of Australia.

This week water distributor Queensland Urban Utilities enacted mandatory water restrictions, limiting water use for essential purposes only and all residents and businesses were urged to conserve water.

Due to record turbidity levels in the Brisbane River as a result of the extreme weather from ex Tropical Cyclone Oswald, SEQWater had to take the Mt Crosby Water Treatment Plant offline. The high turbidity and suspended solids in the flood waters which filled SEQ’s dams created problems for SEQWater’s water treatment plants

Unfortunately, many businesses and residents saw a need to stockpile water, in case supplies did run out and as a consequence they almost did.

The bulk water supply demand across the region was met, however SEQWater is continuing to work with the distributor-retailers to monitor the situation carefully.

Mine Water Releases

On Friday, 25 January 2013 the Queensland Minister for the Environment Andrew Powell told the media 4 mines had been given approval to release contaminated mine water into the Fitzroy River.

He stated that it would cause no problems because the river was already in flood so the salty and heavy metal contaminants in the mine water would be diluted.

Allegedly, an official gave a figure of approximately 1 litre of contaminated water for every 100 litres of "fresh" river water.

The Department of Environment and Heritage Protection (EHP) is responsible for regulating and monitoring mines water releases into receiving environments and works collaboratively with other government agencies in managing, monitoring and mitigating mines releases during times of extreme weather events.

The Economic Development Bill 2012 (now the Act), was passed by the Queensland Parliament on 29 November 2012, and enables the state government to approve the release of water from mines with only 24 hours notice.  Under a Temporary Emissions License,  companies no longer have to test their mine water for contaminants before they release.

As a result of ex-tropical cyclone Oswald there are a number of mines in central Queensland discharging mines water into receiving rivers and creeks. EHP is working with the relevant mines and Companies to ensure these releases are managed and controlled in the best possible way.  Details of the mines releasing discharges in accordance with their environmental authorities are listed below and will be continually updated over coming days.

In November 2012 the Department of Environment and Heritage Protection (EHP) issued amended environmental authorities to four coal mines located in central Queensland to conduct a pilot of enhanced mine water release during the 2012-13 wet season.

EHP is publishing a daily update of mine affected water releases  for the four mines provided with approval to take part in this pilot are:

·         Goonyella Riverside 

·         Peak Downs

·         Saraji

·         Norwich Park

·          

This pilot will be closely regulated by EHP and the downstream water quality will be closely monitored by the Department of Natural Resources and Mines. In addition, the four BMA mines will also be required to undertake additional monitoring.

As part of the close monitoring and regulation of this pilot, EHP has prepared an Isaac Pilot Operational Policy that provides information for when a cease release will be issued to ensure that water supply and water quality—for both drinking and irrigation—will not be compromised by the pilot.

Ongoing real-time water monitoring data of water quality in the Fitzroy catchment is available during the pilot as it is at any other time. Visit the Fitzroy River website to view water quality information.

The minister and EHP may have approved another 38 mine releases over the long weekend.  The Department of Environment and Heritage Protection posted a list of 42 mines which have been permitted to release contaminated water into the rising Fitzroy River. 

Water, Waste, Mine Fine

 Long Term Water Planning

 

The Qld Government is committed to releasing a discussion paper for a 30 year plan for Queensland’s water sector over the next six months.

The Newman Government has announced that a 30-year vision for affordable, secure, sustainable and high quality water, sewerage and sewage treatment services is being developed as part of the Six Month Action Plan.

Energy and Water Supply Minister: Mark McArdle said planning for Queensland’s future water sector was critical to delivering a reliable and cost effective water and sewerage service and to maintaining business growth and lifestyle choices.

A long-term water plan to harness the benefits and reduce the risks associated with Qld’s naturally-occurring climate (drought and flood), is an integral part of the Qld Government’s plan for growth.

The Newman Government is highly critical of the former Government’s SEQ Water plan. $7 billion was spent on the Western Corridor Water recycling scheme, a desalination plant on the Gold Coast and a (so-called) water grid.

It is easy to be critical in retrospect (following the floods in 2011) but the reality of the situation in 2009 was 7 years of consecutive drought.

Now the Department of Energy and Water Supply is working with other state departments and agencies to prepare a ‘whole-of-government’ discussion paper on the challenges and opportunities facing Qld’s water, sewerage and sewage treatment system.

One challenge to realising a clear 30-year water supply plan for Queensland is navigating the complex institutional arrangements (referred to by the Minister as a legislative, bureaucratic and jurisdictional maze).

The Queensland Water Sector Discussion Paper, to be released in December 2012.

The discussion paper will consider water security and reliability, public health and safety, environmental outcomes, liveability (integrated water and land-use planning), industry resilience (including industry skills), water for Queensland industries (including agriculture and mining), partnerships and engagement, and affordability.

Local Government Association of Queensland President Paul Bell said the Government had promised to work with local councils in establishing a 30 year vision for the state’s water and sewerage services.

He said Water and Energy Supply Minister Mark McArdle understood the need for proper and inclusive planning to ensure the state’s future water supply and sewage transport and treatment systems operated efficiently and effectively.

Cr Bell said the LGAQ had long been urging successive governments to streamline regulatory and reporting arrangements covering water and it was good that Mr McArdle’s had pointed to navigating the existing bureaucratic and legislative maze as the biggest stumbling block to water reform.

Work on the plan, which the Government has said was aimed at delivering affordable, secure, sustainable and high quality water and sewage transport and treatment services, will include extensive consultation with utilities, industry experts, business and the community. 

Waste Levy Media Frenzy

One of the first tasks for the new Environment Minister – Andrew Powell was given was to repeal the former Government’s Waste Levy.

The previous Labor Government only recently introduced a Waste Tax in December 2011, with a focus on reducing waste & promoting improved resource recovery.

The Waste Reduction and Recycling Act 2011 was introduced as an industry waste levy to create a price signal to encourage waste generators to focus on waste avoidance & resource recovery & to discourage unnecessary landfill disposal.

The levy was designed to ensure a level of consistency with waste disposal costs in other states to deter unnecessary disposal of interstate waste in Queensland.

It remains to be seen if the Qld LNP Government can find alternative funding streams to deliver an industry driven waste strategy as part of the budget process.

This week, Tony Moore contacted ASBG to ask for a comment on the increase of waste being trucked into Queensland as a result of the removal of the $35/t Waste Levy.

The next day, this story appeared in the Brisbane Times.

ASBG was invited to be interviewed on ABC Local Radio Station: 612Brisbane.

This story aired on Steve Austin's Morning Program.  A little later this story appear in the Telegraph.   Gary Hargraves from 4BC chatted to ASBG briefly on his drive program.

ASBG don't fore see the Qld Government backing down on the removal of the waste levy in this term of Government.   The NSW Government is set to increase their levy.

Mine Fine

A North-West Queensland mining company was fined $500,000 and ordered to pay approximately $83,000 in investigation costs for unlawfully causing serious environmental harm as a result of uncontrolled discharges of highly contaminated water from its mine site in early 2009.

The Prosecution bulletin no. 3/2012 has been published on the EHP website.