Ranger Uranium Environmental Inquiry - Recommendations :
First & Second Reports
See also - the Gulliver ERA and Ranger pages.
First Report, October 1976
- The hazards of mining and milling of uranium, if those activities are properly regulated and controlled, are not such to justify a decision no to develop Australian uranium mines.
- The hazards involved in the ordinary operations of nuclear power reactors, if those activities are properly regulated and controlled, are not such to justify a decision not to mine and sell Australian uranium.
- The nuclear power industry is unintentionally contributing to an increased risk of nuclear war. This is the most serious hazard associated with the industry. Complete evaluation of the extent of the risk and assessment of what course should be followed to reduce it involve matters of national security and international relations which are beyond the ambit of the Inquiry. We suggest that the questions involved are of such importance that they be resolved by Parliament. In Chapters 15 and 16 we have gone as far as the terms of reference and the evidence permit in examining the courses open and in making suggestions.
- Any development of Australian uranium mines should be strictly regulated and controlled, for the purposes mentioned in Chapter 16.
- Any decision about mining for uranium in the Northern Territory should be postponed until the Second Report of this Commission is presented.
- A decision to mine and sell uranium should not be made unless the Commonwealth Government ensures that the Commonwealth can at any time, on the basis of considerations of the nature discussed in this Report, immediately terminate those activities, permanently, indefinitely or for a specified period.
- Policy respecting Australian uranium exports, for the time being at least, should be based on a full recognition of the hazards, dangers and problems of and associated with the production of nuclear energy, and should therefore seek to limit or restrict expansion of that production.
- No sales of Australian uranium should take place to any country not party to the NPT. Export should be subject to the fullest and most effective safeguards agreements, and be supported by fully adequate back-up agreements applying to the entire civil nuclear industry in the country supplied. Australian should work towards the adoption of this policy by other suppliers.
- A permanent Uranium Advisory Council, to include adequate representation of the people, should be established immediately to advise the Government, but with a duty also to report at least annually to the Parliament, with regard to the export and use of Australian uranium, having in mind in particular the hazards, dangers and problems of and associated with the production of nuclear energy.
- The Government should immediately explore what steps it can take to assist in reducing the hazards, dangers and problems of and associated with the production of nuclear energy.
- Policy with regard to the export of uranium should be the subject of regular review.
- A national energy policy should be developed and reviewed regularly.
- Steps should be taken immediately to institute full and energetic programs of research and development into (a) liquid fuels to replace petroleum and (b) energy sources other than fossil fuels and nuclear fission.
- A program of energy conservation should be instituted nationally.
- The policy of the Government should take into account the importance to Australia, and the countries of the world, of the position of developing countries concerning energy needs and resources.
Our final recommendation takes account of what we understand to be the policy of the Act under which the Inquiry was instituted. It is simply that there should be ample time for public consideration of this Report, and for debate upon it. We therefore recommend that no decision be taken in relation to the foregoing matters until a reasonable time has elapsed and there has been an opportunity for the usual democratic processes to function, including, in this respect, parliamentary debate.
Second Report, May 1977
Chapter 1 - Introduction
- That no part of our proposals be varied unless it is clear that alternatives will be pursued which will just as satisfactorily achieve the same purposes and satisfy the same principles.
Chapter 6 - The Ranger Proposal
- That a test procedure be developed for use during start-up of the calciner and after any interruption to its operation to ensure that, before ignition, the burners are operating properly.
- That, in addition to Ranger's proposals to reduce the risk of fire in the sulphur stockpile, the stockpile be surrounded by an embankment.
- That, before mining begins, small test blasts be carried out on site to predict ground vibration from blasting.
- That explicit provisions relating to strict soil erosion control measures be included in any mining lease or authority to mine.
- That the quality and quantity of runoff water entering Georgetown Creek and in Georgetown billabong be monitored by Ranger, If excessive contaminant levels exist, or if deterioration in water quality in the billabong is detected, the supervising authority (see Chapters 17 and 18) should require the interception of the most contaminated portion of the runoff before it reaches Georgetown Creek, so that it could then be released during periods of high flow.
- That the following broad principles be applied in the development of water release standards for the Ranger operation :
- The total amount of contaminants to be released from the operations should be minimised. This requires the introduction of all practicable modifications to the water management program which would result in diminished releases of contaminants, whether by runoff or by deliberate releases, both during and after mining.
- Deliberate releases should only be permitted under conditions of high flow in Magela Creek (flow at Jabiru exceeding 20 cubic metres per second) and when there is continuous flow between Jabiru and the northern end of the Magela plains.
- Deliberate releases should not be permitted late in the wet season since there would be a greater risk then of contaminants being trapped in billabongs and swamps within the Magela system. The precise timing in any year would have to be determined by reference to the hydrological-meteorological-water quality model proposed in Chapter 17.
- Initial release standards for toxic materials should be based on acute toxicity bioassay tests and application factors.
- Release standards for other contaminants should be based on achieving the minimum practicable disturbance to the environment.
- Standards for deliberate releases should take account of the total amounts of each contaminant discharged, the concentrations in the retention ponds, the dilution actually achieved in Magela Creek and the length of time of each release. If discharges are to be permitted directly into the flooded creek, a mixing zone, where initial rapid dilution of the effluent would take place, will need to be defined and the required dilution stated. Maximum contaminant levels in this zone should be restricted to below derived 'fish avoidance levels'.
- That, for retention pond No. 1 :
- Adequate investigation be made by Ranger of the flow, mixing and dispersion characteristics that will exist in Coonjimba Creek at the time of proposed releases, before any release conditions are agreed to.
- The information so obtained be used to develop release procedures which ensure that the receiving water quality standards specified by the supervising authority would be met.
- That release procedures for retention pond No. 2 be specified by placing constraints on the following characteristics :
- rate of discharge;
- concentration of contaminants in water discharged;
- total quantity of contaminants released in any one discharge and in any one year;
- length of period of continuous discharge.
- That release procedures for retention pond No. 2 include the following conditions :
- The flow rate in Magela Creek at the discharge point should exceed 20 cubic metres per second.
- There be continuous flow of water between Jabiru and the northern end of the Magela flood plain and a high probability that this will last long enough for discharges to reach the estuary.
- That the approval of the supervisory authority be obtained by Ranger before it makes any controlled release.
- That, if possible, operations in the pits be planned so as to avoid the need for habitual use of respiratory protective devices.
- That all required rehabilitative work and all measures required for the continuing protection of the environment be carried out by the operator, and at its expense. The following provisions for ensuring this will be necessary :
- the operator and its successors should be bound by a legally enforceable obligation to do all the work necessary;
- the obligation should be enforceable by an authority or authorities which have the right and duty to enforce it;
- performance of the obligation should at all times be fully secured;
- the security should be available freely to the authority, or authorities, having the responsibility to enforce the obligation.
- That the work to be done, and the amount of the security, be reviewed periodically.
- That the security may be provided by way of a trust fund or bond, provided the principles mentioned above are inserted and observed and all ancillary provisions are inserted.
Chapter 7 - Possible Changes to the Ranger Proposal
- That the best practicable technology (developed anywhere, which can be applied to the uranium industry in Australia).
- That the Ranger project be permitted to commence only if there is a firm, legally binding undertaking by Ranger to replace in one or other of the pits the tailings and any stockpiles of low grade ore remaining after milling ceases.
- That the supervising authority not have the ability to relax the requirement that the tailings and unused ores be returned to the pits.
- That the use of an impervious membrane to seal both the walls and floor of the tailings dam should be investigated further. If the supervising authority decides not to require the use of such a membrane, a seepage collector system, consisting of pipes at the base of the filter zone in the dam embankment, should be installed. If the pipes become clogged, an open trench or pipe drain should be placed at the toe of the embankment.
- That the water management system be established initially in a manner allowing no intentional releases to the environment, and that this system be maintained until it is shown that releases of contaminated water would have to be made.
- That Ranger be required to reduce sulphur dioxide emissions from the acid plant by the installation of a stack gas scrubber.
- That the existing proposal be modified to reduce losses of yellowcake dust.
- That if tests verify the theoretical calculations of the energy of air vibrations caused by blasting which were presented in evidence, an alternative blasting procedure should be adopted.
- That the main explosives magazine be relocated on a site at least 8 kilometres from the tailings dam and Mt Brockman.
Chapter 8 - Proposals for Development of the Uranium Industry
- That construction of mines in the Region be commenced sequentially at appropriate intervals.
- That the concept of a central yellowcake mill should not be adopted.
Chapter 9 - Rural and Fishing Industries
- That commercial fishing in the Region be confined to the areas which are defined in the Chapter.
Chapter 10 - Proposals for a National Park
- That a major national park be established in the Region, the boundaries being arrived at as part of an overall land use plan.
- That the park plan of management provide for the preservation of Aboriginal sites, and any program of preservation should provide for the participation of Aboriginal people.
- That the guidelines developed by Mr Justice Woodward for Aboriginal participation be applied to the planning and management of the whole of any national park which is established in the Region, even though part of it may not become Aboriginal land.
Chapter 11 - Tourism
- That a large and sudden influx of tourists be prevented.
- That tourist accommodation for the time being be found outside the park or at one or two carefully selected places within it; the choice to remain with the park authority, in consultation with the Northern Land Council.
Chapter 12 - Accommodation of Mine Workers and Their Families
- That Aboriginal title should be granted, the national park be established, and the necessary control mechanisms set up, before any substantial amount of construction work is done on the Ranger project or substantial numbers of people are brought into the area.
- That steps be taken to keep the number of people in construction camps to a minimum.
- That, for the time being, accommodation not be provided in the town for tourists, or for anyone else who can reasonably be accommodated outside the Region.
- That the number of residents of the town be kept to the minimum consistent with the operation of the Ranger mine. There should be a periodical review, in light of experience, of the maximum number which the town should accommodate.
- That the possibility of choosing a site for the town other than that presently proposed, be examined. If an alternative site could be found which is no less satisfactory than the presently proposed site on all other grounds, then that alternative should be preferred on radiation protection grounds.
- That firm environmental controls be established and made known at the outset to all new arrivals, and their co-operation, and the co-operation of Ranger and others in the Region, be sought to ensure that they are observed.
- That authority not be given for both the Ranger proposal and the Pancontinental proposal to proceed at the same time. As between the two proposals, the Ranger mine should be allowed to develop first, at least to some extent.
Chapter 13 - Impacts on Aboriginal Society
- That Aboriginals, if they are willing, be employed as rangers in the national park.
- That Aboriginal health workers be trained to work among their own communities.
- That all reasonable steps be taken which will encourage those Aboriginals to work who are inclined to do so, and which will provide them with the necessary training and opportunities.
- That consideration be given to implementation of the scheme outlined in this chapter, which is designed to improve the morale of the Aboriginal people, enhance their welfare and reduce their alcohol dependence. If that scheme is not followed a scheme with the same objects should be implemented.
- That consideration be given to the employment of a suitably qualified liaison officer to inform non-Aboriginal people coming to the Region about Aboriginal customs and traditions, through discussions, displays and signs.
Chapter 14 - The Effect of the Aboriginal Land Rights (Northern Territory) Act
- That the Land Rights Act be amended so as to move the southern boundary of the Ranger Project Area, as delineated in Schedule 2 of the Act, further away from Aboriginal sacred sites.
- That s. 40 (1) of the Land Rights Act should be amended, so that the prohibition against granting a mining interest without consent will certainly include the common case of mining leases being approved by the administrator, but not formally granted.
- That the Mining Ordinance 1939-76 should be amended so as to regulate properly the grant of leases, bearing in mind the survey difficulties which at present lead to lease applications being approved but not formally granted.
- That the Mining Ordinance 1939-76 should be amended to ensure that ordinary mineral leases can contain covenants related to the protection of the environment.
- That the Atomic Energy Act 1953 not be used for the grant of an authority to Ranger to mine uranium.
- That s. 87A (2) of the Northern Territory Mining Ordinance 1939-76 should be amended so that a uranium mining lease may be forfeited by the administrator without a recommendation from the Atomic Energy Commission.
Chapter 15 - Land Claim Made Under Aboriginal Land Rights (Northern Territory) Act
- That the land which constitutes the town, if one is built in the region, not become Aboriginal land but become part of the national park.
- That the Border Store, with the neighbouring land, become Aboriginal land and part of the national park, and be subject to the control mechanisms that that situation involves.
- That Mudginberri and Munmarlary pastoral leases be resumed, and that opportunity be given for Aboriginal land claims to be made and determined in respect of those areas.
- That development within the Region, west of Arnhem Land Reserve, of more than the Jabiru and Jabiluka deposits not at present be contemplated.
- Under the Environment Protection (Impact of Proposals) Act, that Aboriginal title be given in respect of the land within the boundary shown by blue edging on Map 16 (excluding the leases held by Opitz 'Cooinda' Enterprises Pty Ltd at Jim Jim and the site for the regional centre).
- That consideration be given to amending the Land Rights Act to remove problems associated with the lack of survey of land boundaries which arise when it comes to establishing a Land Trust, and giving registered title to the land.
- That the southern boundary of the Ranger mining area be a line running east-west through or close to the turn in the road (A.M.G. ref. approximately 8593920N, 0273290E) to which, on Exhibit 189, an arrow points which has against it the notation 'Chained road which J. Madjandi and T. Gangele were told on 12.5.76 was P. Balmanidbal's first line'.
Chapter 16 - Future Development of the Region
- That if possible the national park include at least one large total river catchment, the South Alligator River catchment is the most suitable.
- That the proposed Uranium Advisory Council advise on the need for future exploration for uranium in the Region.
- That mining in the Region west of the Arnhem Land Reserve be restricted to the Magela drainage basin for the time being, at least.
- That exploitation of the Koongarra deposit not be permitted, at least for the present.
- That, if uranium mining proceeds, the Ranger S.M.L. area be excluded from the national park, and that, if the Pancontinental proposal proceeds, the area of its lease also be excluded.
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- That there be no activities associated with mining (including exploration) in the national park for the time being.
- That those activities not be permitted in the national park in the future except after very careful consideration. If found to be necessary, they should be carefully controlled in accordance with a formally developed plan of management as provided in the National Parks and Wildlife Conservation Act.
- That the use of the Region's land resources be based on a land use strategy plan with the following major features :
- The whole area, including Aboriginal land, between the Arnhem Land Aboriginal Reserve in the east and the eastern boundaries of Carmor Plain, Point Stuart, Wildman River, Annaburroo and Goodparla pastoral leases, and between the northern boundary of Gimbat pastoral lease and the coast, as well as Barron and Field Islands, to be included in a national park, but excluding the mining area at Jabiru and the mining area at Jabiluka (if mining is to proceed there) and the special purpose leases at Cooinda and the Roper Bar Company premises.
- Uranium mining west of the Arnhem Land Reserve be restricted to the Magela catchment in the first instance.
- Mudginberri and Munmarlary to be resumed immediately, and as soon as practicable thereafter incorporated in the national park. Consideration to be given to the resumption of Goodparla and part or all of Gimbat, with a view to their incorporation in the park.
- Action to be taken to reduce the number of buffaloes and, if practicable, to eradicate them.
- The area of the regional centre to be incorporated in the park.
- The plan of management to include provisions for the control of commercial fishing, the control or elimination of buffaloes and the control of access to popular points on the South and East Alligator Rivers.
Chapter 17 - Environmental Research, Standards, Monitoring and Supervision
- That a comprehensive monitoring program be established both on and near the mine site and in parts of the Region likely to be subjected to environmental change.
- That a research program, based on the advice of a group of experts, be initiated as soon as possible and continued for as long as is necessary after monitoring of the effects of mining has begun.
- That a Co-ordinating Committee be established to include representatives of all the agencies involved in the research and monitoring program, the mining companies, the national park authorities and the Northern Land Council.
- That the Committee should co-ordinate the formulation of environmental control measures to be observed by Ranger and be the review body to consider any major changes in Ranger's operating procedures.
- That the Committee should be established as soon as practicable following a decision to approve mining.
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- That a Supervising Scientist, having both administrative skills and scientific expertise in a range of fields relevant to the task, be appointed as soon as possible after a decision to approve mining. He should be appointed to the Department of Environment, Housing and Community Development and be directly responsible to the Minister for Environment, Housing and Community Development.
- That the Supervising Scientist should be Chairman of the proposed Co-ordinating Committee and that his appointment as Supervising Scientist be made before the establishment of the Committee.
- That the Supervising Scientist exercise a supervisory and integrating role over all research and monitoring programs agreed upon by the Co-ordinating Committee.
- That the Supervising Scientist provide for public information an annual report on the results of the monitoring program.
- That the Supervising Scientist be legally empowered to require relevant information from Ranger and the agencies participating in the research and monitoring programs, and to inspect sites and operations.
- That a research institute be established in the Region to provide a centre where research and monitoring staff can work together. That funding for the research and monitoring programs be allocated directly to the research institute.
- That the research institute be headed by the Supervising Scientist.
- That standards and procedures be set for the environmental protection measures described in this chapter, They should be reviewed regularly, and made more restrictive if unacceptable environmental damage occurs.
- That standards and procedures should be formulated by the Co-ordinating Committee and implemented by the supervising authority. Relaxation of standards should not be allowed in the absence of conclusive proof that no damage will result.
- That the supervising authority should specify standards and procedures and approve any necessary modifications to Ranger's proposals before construction commences.
- That the supervising authority be empowered to require the adoption of improved pollution control equipment if it becomes available in the future, even if environmental damage has not been detected.
- That a comprehensive hydrological-meteorological-water quality model of the Magela system be developed progressively as information becomes available.
- That equipment for monitoring be installed and procedures established during construction of the mine and mill
- That mining and milling not be allowed to start until it is demonstrated that all components of the monitoring system operate satisfactorily.
- That on-site monitoring be undertaken with respect to water quality and flow, dust, radioactivity, atmospheric emissions, meteorological conditions and pit slope stability.
- That an intensive program combining the monitoring of biological species and of contaminants in living organisms, water and sediments be instituted in and near the mine site as part of a larger monitoring program for the whole Magela system.
- That extensive off-site monitoring of the whole Magela system be undertaken in accordance with the specifications in this chapter.
- That off-site monitoring be carried out primarily by Branches of the Department of the Northern Territory, with other Commonwealth or Northern Territory government departments or agencies participating when appropriate.
- That experienced personnel, who may come from the Australian Atomic Energy Commission, the Australian Radiation Laboratory or CSIRO, be seconded to the participating government departments to supplement the monitoring staff.
- That, to the extent that the monitoring activities recommended by the Commission cannot be carried out adequately by government departments under existing provisions, appropriate legislation or administrative changes be made.
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- That compliance with the Code of practice on radiation protection in the mining and milling of radioactive ores be made mandatory by legislation.
- That 'the appropriate Statutory Authority' under the Code be given legal authority to ensure compliance with it.
- That legislation for the Northern Territory be enacted to prohibit the holding or dealing with radioactive substances without a licence.
- That, with respect to non-radioactive contaminants, powers of on-site inspection, monitoring and enforcement of standards, similar to those relating to radioactive contaminants, be given to the supervising authority.
Chapter 18 - Future Action
- That a decision that mining should proceed at Ranger be taken in conjunction with decisions respecting Aboriginal land rights and the national park.
- That the series of steps set out below be followed to implement the recommendations the Report :
- The Minister for Aboriginal Affairs to create a Land Trust or Land Trusts under ss. 4 and 11 (1) of the Land Rights Act, and the Governor-General to grant the land under s. 12.
- Consideration to be given to amendment of the Land Rights Act to enable the land shown on Map 16 within the line edged blue thereon (apart from alienated land within that area and the site of the regional centre) to become the subject of a Land Trust or Trusts.
- Amendments to be made to the National Parks and Wildlife Conservation Act to enable Aboriginal land to become part of a national park, and land rights claims to be made and dealt with notwithstanding that land has become part of a national park.
- Mudginberri and Munmarlary to be resumed, or the leases thereof surrendered by agreement.
- If it is contemplated that mining at Jabiluka will or might proceed, a sufficient part of what was the Mudginberri lease be set aside for that purpose.
- An opportunity be given for claims to be made and determined under the Aboriginal Land Rights Act in respect of the land formerly part of Mudginberri and Munmarlary (including Jabiluka).
- Either under that Act (see s. 50 (4)) or as part of a plan of management under the National Parks Act, the situation of the Aboriginal people who reside on Mudginberri to be appropriately secured.
- An agreement to be reached with the Northern Land Council, and any other Aboriginal group it is thought should be consulted, respecting the basis on which the Aboriginal land to which we have referred, and Woolwonga, are to become part of a national park.
- Consideration be given to the need to amend the Land Rights Act to enable Aboriginal land to be leased to the Director of National Parks and Wildlife for the necessary term.
- The Kakadu National Park to be declared under s. 7 (2) (a) of the National Parks and Wildlife Conservation Act; the whole of the area we have mentioned in this chapter to be declared at the one time.
- Consideration be given to the amendment of the National Parks and Wildlife Conservation Act to enable the requirements for a report from the Director under s. 7 (11) of that Act and for him to notify it and receive representations about it under s. 7 (12), to be dispensed with, so far as concerns implementation of our recommendations.
- Once an Aboriginal Land Trust is established which includes the Ranger mining area, negotiations to take place between the Northern Land Council and Ranger respecting the terms and conditions to which s. 43 (2) of the Land Rights Act refers.
- The Director of National Parks and Wildlife to proceed with the preparation of a plan of management for the park.
- The Northern Territory Mining Ordinance to be amended, if necessary, to remove any possible problems respecting its operation (see under Chapter 14).
- Strong environmental controls to be secured in relation to mining operations.
- Immediately following approval to mine a Supervising Scientist to be appointed to co-ordinate and integrate research, standards and monitoring operations, and a Standards and Monitoring Co-ordinating Committee to be established.
- The services of the Australian Radiation Laboratory of the Department of Health to be available to the government agencies and officers concerned, as an expert radiation authority.
- Consideration be given to providing by regulation that Ranger (and other mining companies), and their contractors, answer promptly any request for information respecting their operations made by the Director of National Parks and Wildlife, the Northern Land Council and the Supervising Scientist; and the Director, the Northern Land Council and the Supervising Scientist to have appropriate rights of inspection.
- Legislative action to be taken to enable the Director and the Northern Land Council to enforce environment protection provisions, particularly by way of injunction to restrain or compel action, and to give the Supreme Court a wide discretion as to the exercise of its jurisdiction in such cases.
- A deliberate and comprehensive program to be established and implemented to minimise adverse social effects on the Aboriginals, and to assist them in coping with the stresses to which they will be exposed and in taking advantage of any benefits accruing to them.
- The existence of government power to terminate or suspend mining operations (perhaps at very short notice) to be recognised from the outset.
- Provision to be made for protection of the environment in the event of Ranger or its successors terminating or suspending operations or going into liquidation, before, as well as upon, the ordinary completion of mining activities.
- The advice and assistance of the proposed Uranium Advisory Council to be available to the Director of National Parks and Wildlife, the Northern Land Council, the Supervising Scientist, the Co-ordinating Committee and other agencies, as well as to the mine operators.
- The marketing authority (see Chapter 19) to be created before any further contracts for the supply of uranium are entered into.
Chapter 19 - Marketing and Control of Australian Uranium Exports
- That a uranium marketing authority be established.
- That the proposed Uranium Advisory Council, in addition to its other responsibilities, have a general role in advising the Government on marketing considerations.
Chapter 20 - Conclusions
- That the Ranger project, as proposed, and in the land use setting which was assumed, not be allowed to proceed.
- That, if an adverse decision on the Ranger project is not made on the basis of the wider considerations discussed in our First Report (see Chapter 1 of this Report), it be allowed to proceed, but only in the circumstances stipulated in this Report and subject to the recommendations we make in it.
- That the Noranda mine not be developed, at least for the time being.
- That, if the Ranger proposal is allowed to proceed, no other mining, with the possible exception of that proposed by Pancontinental, be allowed in the Region, west of the Arnhem Land Reserve, for the time being at least.
Page last updated January 6, 2001.