Environmental legislation is changing rapidly throughout Australia at the
present time, and with that change comes additional responsibilities for
the mining and petroleum industries. Among the many changes that are
being made are increased penalties for both criminal and accidental
environmental impairment. The defences for criminal offences are
limited and for other offences the laws may impose strict liability - in
effect the offender is guilty until proven innocent. Mines may be
included under contaminated land legislation, creating additional
liabilities for clean-up, rehabilitation and long-term management. It is not
unknown in Australia for the value of a mortgaged property to be less
than the amount of the environmental liability acquired by a mortgagor in
possession due to contamination of the site. An essential part of the
management program for resource projects is now the regular conduct of
an environmental audit, the results of which assist in the management of
the legal and financial liabilities facing company directors and managers.
The audit can also assist with negotiations with government agencies,
staff, unions, insurers, Aboriginal and other community groups. An
environmental audit may also help to ensure that companies are claiming
the maximum allowable deductions for environmental works under the
tax laws, and provide evidence in support of such claims. Environmental legislation affecting resource industries
Environmental legislation in Australia is changing rapidly and can impose
massive constraints, substantial administrative costs, and considerable
liability on directors, managers and the corporation. Pollution control legislation Every State and Territory of Australia has a range of pollution control
legislation contained in either individual acts relating to air, water, noise
and land, or embodied in a single environment protection act. Pollution
control legislation provides a critical management baseline for resource
industries throughout Australia, often requiring the full-time attention of
an environmental manager or an environmental department. In general, it is an offence to discharge effluents into water, or emit
gases into the atmosphere above prescribed limits, cause noise above a
regulated level, or contaminate land without a licence. A licence
determines how much of a substance can be discharged, the location, the
receiving environment, the quality, and the time at which discharges can
be made or noise can be caused. Planning legislation Planning legislation controls where a project is located, how it will be
constructed and operated, how large it is allowed to be, and what will
happen once the project is completed. Development consents or approvals will generally contain a range of
conditions controlling the preparation of the site, the construction of the
facility and the way it is operated throughout its expected life time. Resource projects may be regarded under legislation as scheduled or
designated developments requiring special treatment during the
decision-making process. Under planning legislation, it is usual for
resource projects to be subject to an environmental impact assessment
process. Resource legislation Resource legislation specifically covering mining and petroleum in
Australia, also contains requirements regarding protection of the
environment during exploration for and extraction of minerals and oil. A mining or petroleum production lease usually contains numerous
conditions regarding protection of the environment and rehabilitation of
the site during and after the life of the extractive process.