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Compliance and Remedial Notices

Earth Resources Regulation (ERR) have legal powers to regulate mining operations under the Mineral Resources (Sustainable Development) Act, 1990 (MRSDA) in Victoria.

These powers include:

  • placing conditions on operations through licences
  • inspecting, auditing and investigating mining operations

Under Section 110 of MRSDA, ERR may issue a remedial notice to a licence holder who fails to comply with their licence conditions or provisions under MRSDA.

Remedial notices served to Stawell Gold Mines 

Remedial notices issued to Stawell Gold Mines (SGM) since April 2016 relate to:

Time allocated to comply with the directions of a notice depends on the type of remedial work required.

Remedial Notice # BA0116EA642

Issue date: 18 November 2016

Compliance due date: 12 December 2016

Status: Completed, no further action planned

Read a web version of notice #BA0116EA642

Notice directions

In accordance with Section 110(2)(d), I hereby direct Stawell Gold Mines Pty Ltd, the holder of Mining Licence 5260 to:

  1. Undertake additional noise monitoring in October 2016 to determine the cause or likely cause of the exceedance, and
  2. Assess the current noise attenuation measures currently installed on Mining Licence 5260 and identify additional controls to ensure compliance with the limits as set in the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No N-1, and
  3. Provide a report to Earth Resources Regulation detailing the implementation of these additional controls.

Stawell Gold Mine's response

Stawell Gold Mines (SGM) has complied with the directions of this notice by:

  • undertaking a review of noise sources and potential mitigations measures
  • giving ERR an action plan detailing the implementation of the proposed controls
  • notifying ERR that due the cessation of mining and processing at the site, the noise sources have been eliminated.

ERR assessment

ERR has considered the response and the control measures provided by SGM and has formed the opinion that it satisfies the direction of this notice.

However given the decision to cease mining and processing at the site, ERR is satisfied that during care and maintenance the additional controls are no longer required. If mining and processing operations re-start, the directions given in this notice will be revisited.

Remedial Notice # BA01160008

Issue date: 19 April 2016

Compliance due date: 18 May 2016

Status: Completed, no further action planned

Read a web version of notice #BA01160008

Notice directions

In accordance with Section 110(2)(a)(iii) of the Mineral Resources (Sustainable Development) Act 1990, I  hereby direct Stawell Gold Mines Pty Ltd, the holder of Mining Licence 5260, to;

  1. Implement additional dust control measures on TSF2 to ensure offsite impacts to the environment are minimised.
  2. Tailings at toe of TSF (Tailings Storage Facility) to be sampled and analysed for full suite of metals including cyanide and thiocyanate;
  3. Dust emissions from the TSF 2 are to be monitored in the bush land reserved identified as Crown Allotment 25B Section 2; Parish of Stawell to demonstrate compliance with the Protocol for Environmental Management – Mining and Extractive Industries.
  4. A report is to be provided to ERR demonstrating compliance with actions numbered 1-3 by the compliance due date.

Stawell Gold Mine's response

Stawell Gold Mines (SGM) has complied with the directions of this notice by:

  • applying additional dust control measures (including immediate measures following the event and a revision of the SGM Dust Management Plan to include additional control measures)
  • conducting sampling, that confirmed that concentrations were below relevant screening criteria
  • installing additional direction dust deposition gauge between the TSF and bushland reserve.

ERR assessment

Earth Resources Regulation has considered the response provided by SGM and has formed the opinion that it satisfies the direction of this notice. No further action in relation to this notice will be required.

Remedial Notice # BA01160005

Issue date: 29 April 2016

Compliance due date: 30 June 2016

Status: Completed, no further action planned

Read a web version of notice #BA01160005

Notice directions

In accordance with Section 110(2)(c) of the Mineral Resources (Sustainable Development) Act 1990, I hereby direct Stawell Gold Mines Pty Ltd, the holder of Mining Licence 5260, to;

  1. provide a report to Earth Resources Regulation responding to the recommendations contained within the GHD report regarding the data gaps in the environmental monitoring and reporting, specifically addressing recommendations 1, 2, 3, 4, 5, 6, 7, 8, 12, 13, 14 & 17
  2. review the Stawell Gold Mines environmental monitoring program and provide an implementation plan addressing additional environmental monitoring and reporting to be undertaken to Earth Resources Regulation.

Stawell Gold Mine's response

Stawell Gold Mines (SGM) has complied with the directions of this notice by:

  • giving Earth Resources Regulation (ERR) written responses to 14 recommendations in the GHD report
  • producing an implementation plan for the revised environmental monitoring and reporting program.

ERR assessment

ERR has considered the response and the implementation plan for the revised environmental monitoring and reporting program provided by SGM and has formed the opinion that it satisfies the direction of this notice.

No further action in relation to this notice will be required.

Remedial Notice # BA01160004

Issue date: 29 April 2016

Compliance due date: 30 October 2016

Status: Completed, no further action planned

Read a web version of notice #BA01160004

Notice directions

In accordance with Section 110(2) (d) (iii), I hereby direct Stawell Gold Mines Pty Ltd, the holder of Mining Licence 5260, to provide a report undertaken by an independent tailings dam specialist on the design, stability and operational practices of the tailings storage facility to Earth Resources Regulation.

Stawell Gold Mine's response

Stawell Gold Mines (SGM) has complied with the directions of this notice by:

  • giving Earth Resources Regulation (ERR) the Stawell Gold Mines Independent Technical Review of Tailings Dam No. 2 report, prepared by Golder Associates.

ERR assessment

ERR has considered the findings of the report and subject to SGM addressing the reports recommendations, is satisfied that it complies with the directions of this notice.

If the reports recommendation are addressed to the satisfaction of ERR, no further action in relation to this notice will be required.

Remedial Notice # BA01160002

Issue date - 29 April 2016

Compliance due date – 30 September 2016

Status: Completed, no further action planned

Read a web version of notice #BA01160002

Notice directions

In accordance with Section 110(2)(d)(iii), I hereby direct Stawell Gold Mines Pty Ltd, the holder of Mining Licence 5260 to;

  1. provide a report to Earth Resources Regulation responding to the recommendations contained within the GHD report regarding the impact of blasting on the local amenity, specifically recommendations 9, 10, 11, 18, 19 & 20 of the GHD Report
  2. engage an independent auditor to assess the current blast practices at Stawell Gold Mines, and provide a report to Earth Resources Regulation assessing the impact on amenity from blasting and identify additional measures to limit these impacts.

Stawell Gold Mine's response

Stawell Gold Mines (SGM) has complied with the directions of this notice by:

  • engaging a suitably qualified service provider to assess the current blast practices - Review of Ministerial Review Report, Heilig and Partners, September 2016, report
    • Preparing an action plan to implemente the blast practices report's recommendations
  • engaging a suitably qualified service provider to review options for alternative mining options - Mining Methods Options Study, SRK Consulting, September 2016
  • engaging a suitably qualified service provider to review the risk of voids and surface subsidence - Void and Surface Subsidence Management Review, SRK Consulting, September 2016.

ERR assessment

ERR has considered the response and the action plan provided by SGM and has formed the opinion that it satisfies the direction of this notice.

However given the decision to cease mining and processing at the site, ERR is satisfied that during care and maintenance the implementation of the action plan is no longer required and no further action is required in relation to this notice.

If mining and processing operations re-start, the directions given in this notice will be revisited.

ERR can prosecute or financially penalise a licence holder who fails to comply with the directions given by an authorised officer or outlined in a remedial notice.