Regulatory actions

In August 2024, the Earth Resources Regulator issued a remedial (MRSDA section 110) notice to the holder of a work authority (quarry) in Western Victoria.

The notice was issued for storage of overburden outside the work authority.  The work authority placed approximately 250,000 cubic metres outside the work authority.

The notice required the authority holder to place the material back inside the work authority and to give ERR progress updates at specified times throughout the duration of the work.

In August 2024, the Earth Resources Regulator issued a remedial notice (MRSDA section 110) to the holder of a work authority (quarry) in western Victoria.

The notice was issued for undertaking work on land otherwise than in accordance with the work plan due to the area of disturbance exceeding the approved limit.

The notice requires the work authority holder to cease increasing the area of surface disturbance until the non-compliance with the Work Plan is remediated or by a further work plan variation.

In August 2024, the Earth Resources Regulator issued a remedial notice (MRSDA section 110) to the holder of a work authority in central Victoria.

The notice was issued for failing to comply with the conditions of the work authority, specifically:

• failing to design, install and maintain erosion controls to prevent erosion of disturbed areas; and
• failing to progressively rehabilitate the site in a timely manner.

The notice requires the work authority holder to engage the services of a suitably qualified and experienced environmental or geotechnical consultant to produce and submit to ERR a site-specific rehabilitation plan that includes as a minimum:

• an assessment of the current site instability/erosion/drainage scour pathways;
• recommended remedial actions to resolve onsite erosion/instability/scour;
• a schedule of the required remedial works; and
• indicative milestones for completion of the recommended remedial works.

In August 2024, the Earth Resources Regulator issued a stop work notice (MRSDA section 110A) to an individual in north western Victoria.

The notice was issued for carrying out an extractive industry without a work authority. The site is the subject of an application for a work authority but the work authority had not been granted and no bond was in place.

The notice requires the individual to cease extraction of material at the site until approvals are in place.

In July 2024 the Earth Resources Regulator issued a remedial notice (MRSDA section 110) to the holder of a work authority (quarry) in Western Victoria.

The notice was issued for failure to comply with a work plan condition that requires the authority holder ensure that noise emissions are minimised as far as is practicable.

The notice requires the authority holder develop a noise management plan to improve control measures and reduce noise impacts.

In July 2024 Earth Resources Regulator (ERR) issued a remedial notice (MRSDA section 110) to the holder of a work authority in Central Victoria.

The notice was issued for failure to comply with a work authority condition to minimise the area of ground disturbance throughout the life of the quarry operation, and below a defined maximum area that may remain unrehabilitated at any one time.

The notice requires the holder to minimise the area of ground disturbance on the work authority, through progressive rehabilitation.

In July 2024 Earth Resources Regulator (ERR) issued a remedial notice (MRSDA section 110) to the holder of a work authority in Central Victoria

The notice was issued for carrying out activities other than in accordance with the approved work plan:

• The use of an unapproved haul road
• Stockpiling of material otherwise than in accordance with the approved work plan
• Storage of redundant plant and equipment otherwise than in accordance with the approved work plan

The notice requires the holder to:

• Cease using the haul road by a specified date;
• Relocate the stockpiles of material to an approved location;
• Dispose of the redundant plant/equipment to an appropriate waste disposal site and/or in accordance with the approved work plan.

In July 2024, The Earth Resources Regulator issued two remedial notices (MRSDA section 110) to the holder of a work authority in north east Victoria.

The notices were issued for:

• Works on the land other that in accordance with the work authority conditions

The notices require the work authority holder to:

• Engage a suitably qualified and experienced person to conduct a survey of the Work Authority boundary to determine the boundaries of the work authority and of the approved extraction limit.
• Install boundary and extraction limit posts on the work authority in accordance with work authority conditions.
• Remove all derelict and redundant plant, vehicles, machinery, and equipment stored on the licensed area.

In July 2024, The Earth Resources Regulator issued a remedial notice (MRSDA section 110) to the holder of a work authority in western Victoria.

The notice was issued for undertaking work on land otherwise than in accordance with the work plan, including:

• Terminal faces not in accordance with the approved profile
• Overburden stockpiles exceeding approved height limit
• Pit benches not constructed to the approved design

The notice requires the work authority holder to:

• Engage a Competent Person (as defined by and in accordance with ERR’s Geotechnical Guideline for terminal and rehabilitated slopes (Extractive Industry projects), September 2020) to develop a Ground Control Management plan for the site.
• Develop and implement the GCMP the satisfaction of ERR.

In July 2024, the Earth Resources Regulator issued a stop work notice (MRSDA section 110A) to an individual in north eastern Victoria.

The notice was issued for carrying out an extractive industry without a work authority.

The notice requires the individual to cease extraction of stone and prohibits the sale of any stone until approvals are in place.

In June 2024, the Earth Resources Regulator issued two remedial notices (MRSDA section 110) to the holder of a work authority (quarry) in metropolitan Melbourne.

The notices were issued for:

• works on the land other than in accordance with the work plan under the authority (relating to rehabilitation of the site)
• an act is likely to result in an unacceptable risk to the environment (relating to importation of material and storage of materials on site).

The notices require the authority holder to:

• undertake a detailed survey of the work authority by a suitably qualified surveyor demonstrating the current and proposed final landforms, the fill volume and material available on site, and to provide a detailed survey of the work authority including surface water management, slope, and final rehabilitation landform of the worked area
• cease the importation of all concrete, bricks, rock and building rubble, and to remove uncrushed concrete, bricks, rock and building rubble from the work authority and dispose of to a suitable EPA licenced landfill or recycling facility.

On 18 June 2024, the Melbourne Magistrates Court handed down its sentence to Balmaine Gold Pty Ltd and its company officers for failing to comply with a requirement to enter into a further rehabilitation bond for MIN5396. MIN5396 is also known as the Ballarat Gold Mine.

The charges and sentences were:

• Balmaine Gold Pty Ltd was charged as the authority holder under section 80(4A) of Mineral Resources (Sustainable Development) Act 1990 (MRSDA). Guilty plea, with the court fining the company $2000 without conviction.
• Xu (Shawn) Li was charged as the company secretary of Balmaine in accordance with section 9AD(1)(a) of the Corporations Act 2001 (Cth) as applied by section 111 of the MRSDA. Xu Li plead guilty and was fined $2000 without conviction.
• Jiajia Yao was charged as a company director of Balmaine in accordance with section 9AD(1)(a) of the Corporations Act 2001 (Cth) as applied by section 111 of the MRSDA. Jiajia Yao failed to appear and was sentenced ex parte with a $2000 fine with conviction.
• Liang Yao was charged as an officer of Balmaine in accordance with section 9AD(1)(b)(ii) of the Corporations Act 2001 (Cth) as applied by section 111 of the MRSDA. Liang Yao failed to appear and was sentenced ex parte with a $2000 fine with conviction.

In June 2024, the Earth Resources Regulator issued a remedial notice (MRSDA section 110) to the holder of a Work Authority (quarry) in the south eastern suburbs of Melbourne.

The notice was issued for slimes storage other than approved in the work plan - unapproved storage of slimes in geotubes.

The notice requires that the geotubes are decommissioned and removed including:

• Removing all slimes material within the geotubes
• Removing all infrastructure associated with the geotubes
• Removing and disposing of the geotube bags off the Work Authority
• Disposing of all slimes contained in the geotubes in a way that is consistent with the current approvals for the Work Authority.

In June 2024 Earth Resources Regulator (ERR) issued a remedial notice (MRSDA section 110) to the holder of a work authority in Central Victoria.

The notice was issued to address stability risk and water management issues when a pit is dewatered and deepened.

The notice requires the holder to provide a plan to ERR demonstrating how the pit can be dewatered and deepened without causing instability. It also requires the holder to demonstrate that floodplain features will not be impacted by the dewatering.

In June 2024 Earth Resources Regulator (ERR) issued two remedial notices (MRSDA section 110) to the holder of a work authority in Western Victoria.

The notices were issued for failure to comply with a work plan variation condition that requires the area of surface disturbance to be kept to a minimum, and the area unrehabilitated at any time is to remain below the specified maximum area.

The notices require the holder to:

• Cease increasing the area open until the total area open is less that the stated maximum
• Conduct a survey across the work authority to confirm the total area open and unrehabilitated/disturbed
• Provide ERR with a report detailing the results of the survey, and a plan and timeline for corrective action

In June 2024 Earth Resources Regulator (ERR) issued two remedial notices (MRSDA section 110) to the holder of a work authority in Western Victoria.

The notices were issued for:

• Failure to comply with work authority conditions that require the extraction limit to be marked with specific posts, and that no extraction may occur in a buffer zone.
• Failure to comply with work authority conditions that require all derelict plant and equipment be removed from the site and deposited at an appropriate waste disposal site unless otherwise agreed in writing with the landowner

The notices require the holder to:

• Engage a suitably qualified and experienced person to undertake a survey
• Erect extraction limit posts
• Remove all tyres from the site to an appropriate waste disposal facility
• Remove all derelict plant and equipment from the site

In June 2024, The Earth Resources Regulator issued four remedial notices (MRSDA section 110) to the holder of a work authority north-east of Melbourne.

The notices were issued for:

• Works on the land other than in accordance with the work plan under the authority (relating to stockpiling at the site and the operation of working batters)
• Works on the land other that in accordance with the work authority conditions (relating to inadequate bunding for hydrocarbons at the site)

The notices require the work authority holder to:

• Cease stockpiling material in areas that are not approved and install and maintain erosion controls.
• Conduct a drone survey and develop a reconciliation report by a suitably qualified and experienced geotechnical engineer.
• Develop a site-specific Ground Control Management Plan by a suitably qualified and experienced geotechnical engineer or engineering geologist.
• Ensure that all hydrocarbons are stored in accordance with AS1940 – 2017 The storage and handling of flammable and combustible liquids.

In May 2024 the Earth Resources Regulator issued four remedial notices (MRSDA section 110) to the holder of a work authority (quarry) in Central Victoria.

The notices were issued for:

• failure to comply with a work plan condition that requires the authority holder to prevent discharge of sediment off site
• failure to maintain a dam which is likely to result in a risk to public safety, the environment, land, property or infrastructure (the adjacent Crown Land)
• failure to comply with a work plan condition by accepting and processing material from sites other than as authorised
• failure to comply with a work plan condition that requires the disposal of redundant equipment.

The notices require the authority holder to obtain a report by a suitably qualified person regarding the status of the dam, to install sediment controls to prevent any discharge offsite, to remove derelict equipment and to cease accepting and processing material from the sites authorised.

In May 2024 the Earth Resources Regulator issued two remedial notices (MRSDA section 110) to the holder of a mining licence in Central Victoria.

The notices were issued for:

• failure to monitor tailings storage facility, and it is likely to result in a risk to public safety, the environment, land, property or infrastructure
• failure to assess the risk of tailings storage facilities, and it is likely to result in a risk to public safety, the environment, land, property or infrastructure.

The notices require the licence holder to install monitoring equipment and complete dam break assessments by suitably qualified consultant.

In May 2024, the Earth Resources Regulator issued one remedial notice (MRSDA section 110) to the holder of a work authority (quarry) in metropolitan Melbourne.

The notice was issued for failure to comply with two work authority conditions that require the authority holder to ensure that airblast and ground vibrations do not exceed specified levels on more than 5% of blasts, and that airblast overpressure does not exceed 120 dB(L) at any time.

The notice requires the authority holder to cease blasting in a specified area of the work authority until a revised blast management plan for the site is accepted by the Earth Resources Regulator. The plan must demonstrate the actions the authority holder will take to keep blast impacts (ground vibration and airblast overpressure) within levels required by the work authority conditions.

In May 2024, the Earth Resources Regulator issued one remedial notice (MRSDA section 110) to the holder of a work authority (quarry) in Western Victoria.

The notice was issued for failure to comply with a work authority condition that requires the authority holder to maintain the buffer zone around the work authority.

The notice requires the authority holder to reinstate the buffer zone by engaging a suitably qualified person to conduct a survey of the extraction limit, and to implement the results of the survey to ensure the extraction area is accurately marked.