Cuatro palabras clave relacionadas con la desobediencia

5.2.1 Overview of Regulations

The raising of construction materials generally is considered as an ‘extractive mining’ operation and regulations regarding access to, and winning of, local materials for road construction vary in detail between the states and territories of Australia and in New Zealand. Following are some of

Landowner's Consent

Authorities in the various Australian states may have a range of powers available to gain access to property and remove material. The extent to which these powers are exercised by the authority may be a matter of policy for the authority or the government according to the circumstances. Actions without the consent or approval of the landowner may result in a court challenge, leading to additional costs and/or delays. A formal agreement negotiated with the landowner may be required.

There may be statutory limitations on the types of areas that can be accessed (typically proximity to dwellings, stock watering points, orchards, etc. defines exemption from pit operation) without specific approval from the landowner. Commonly a landowner is entitled to compensation or royalty, subject to the vested ownership of the minerals (rock), for loss of productivity from the land affected. The payment negotiated may be based on a rate for the area of land affected or a rate per unit mass of the material removed.

An alternative to operation by an authority is for the site to be developed as a mining tenement, in which case there are similar procedures to be followed and approvals required.

Landowners frequently have a good knowledge of the ground conditions and history of their property or even an area generally. They can be very useful sources of information if they are co- operative.

Council Planning Regulations

Council planning schemes will indicate the zones where extractive industries are not permitted. Applications for permits to open a pit in other areas will be considered by Councils on the grounds of certain parameters (visual amenity, water supply contamination, etc.). Councils may place conditions on the permit to safeguard nearby residents or to protect existing infrastructure.

In the case of a pit (or quarry) on private property, councils may impose conditions on the granting of a Planning Permit including, but not necessarily limited to:

 construction of haul road and maintenance – to eliminate dust nuisance to the landowner  fencing haul route – to protect stock

 adequate compensation for a neighbour where the haul route continues through the neighbour's property

 rehabilitation of the pit area, including fencing off from stock while vegetation is being generated

 stockpiling of stripped topsoil – to assist in rehabilitation

 construction of silt ponds downstream of the pit – to prevent turbidity in nearby streams  prohibition of carting at certain times of the year.

These circumstances may also occur where the council, as the planning authority, will also be the operator of the pit or quarry.

Where there is a considerable quantity of gravel to be hauled over council roads, it is possible for the council to place certain conditions on the permit for the operation. These may include:  the need to restore the public roads to the 'pre-carting' condition as determined from joint

 in the case of a sealed road, the payment of a fee to the council for the additional maintenance during the operation, and for the shortened life of the road due to the increased amount of axle loading as calculated for a life cycle analysis.

These issues emphasise the importance of minimising haul and using nearby materials where possible. When deciding on the most economic material, total costs have to be taken into account. However, in general, the closest satisfactory material (not the best available in the locality) will be economic even if this means opening a new pit near the works site.

State or Territory Government Regulations

State government regulations usually prohibit extraction from specific areas (coastal protection zones, reserves, etc.). State authorities (forestry, lands, conservation, environmental protection, etc.) may issue permits to remove material from Crown land subject to arrangements pertinent to the operation and its locality. The size and nature of an extractive mining operation might also dictate the need for licensing and the imposition of regulations under mining legislation. Aboriginal heritage, traditional land ownership or native title claims may also require consideration.

Federal Government Regulations

Federal government regulations may also apply to state and territory government regulations in relation to Native Title and Aboriginal heritage (artefacts, sacred sites, etc.).

5.2.2 Pit Operation and Rehabilitation Pit Operation

A material borrow pit is only a temporary land use; clear operation and rehabilitation objectives, consistent with the proposed future land use of the area should be defined. From the outset these objectives should be established in consultation with relevant government departments, local councils, landowners, etc. There may also be a requirement to prepare an Environmental Management Plan that covers the removal of the material and the rehabilitation of the pit on completion. Figure 5.1 illustrates material raised in the pit and transported to the roadbed.

Source: ARRB Group

Figure 5.1: Pit material raised and transported to road bed

This plan should detail the extent of the extraction work, both in area and volume, and identify at which time, and for how long, sub-sections of the pit area are to be progressively worked over the expected life of the pit. Details of progressive rehabilitation/revegetation should also be provided in the plan.

The access and haul road network established for the operation of the pit should also be considered as part of the works and included in the restoration and rehabilitation activities. In some instances, however, landowners may request that parts of this infrastructure remain because they provide improved access for their land activity.

The following procedures are typical of good practice, in addition to promoting safe operation and consideration of future rehabilitation. Where the topography allows, note the following procedures:  Collect native vegetation seeds (if appropriate) for reuse later.

 Strip native vegetation and stockpile for reuse as mulch.

 Strip and remove topsoil to a location where it may be stored loosely in heaps, preferably not more than 2 metres high to ensure continued soil 'activity'. This should be replaced and replanted after use of the pit is completed. Progressive stripping and using topsoil overburden directly for rehabilitation of worked-out areas will reduce double handling. It will also have the potential to keep the vegetation active to assist regrowth rather than cause it to be sterilised by being stockpiled.

 Work the pit clear of a major gully and prevent runoff water from entering the pit by diversion drains.

 Water from the pit floor and cut-off drains should be directed to a silt pond before being discharged to a watercourse.

 Work the pit in a manner that the pit floor drains away from the face; ponding of water at the face can disrupt the mining operation and influence the moisture regime of the material.  Ensure the pit is kept free of weeds by monitoring the cleanliness of equipment entering the

pit and maintaining weed control on stockpiles, etc. This can ensure that weeds will not be dispersed throughout the vicinity with the gravel carted from the pit.

 Because most natural materials are variable, mixing and blending to obtain a homogeneous mixture will usually be required. The layout and working plan of the pit should be influenced by the geology of the site to ensure consistent and acceptable material quality. The working face should be oriented to intersect the variety of material quality in the pit rather than be located in a single form of the material. Also, it is important to work the full depth of the face in the pit, and then move material parallel to the face to ensure thorough mixing. If placed unsorted on the road formation, windrowing and cross- blade mixing with a grader will be required.

 The material, as raised directly at the pit face, may not be immediately usable and may require processing (e.g. size knockdown/reduction or additive blending). This may be done in the pit if there is sufficient room or else a separate working area or pad may be required. Alternatively, it may be possible to do this directly on the road formation.

 Size knockdown/reduction can be achieved by removing the oversize material by separating out the larger particles (screening, etc.) or by processing (crushing or breakdown, etc.). Portable screening systems are available (power screens, grizzlies, etc.) that will scalp off the oversize particles without significantly influencing the smaller fractions of the material and the material properties like Atterberg limits, etc. A number of size knockdown systems are available, including portable crushing (and screening plants), rock busters and grid rolling (refer Section 5.3).

 The moisture content of the material in the pit may be used to advantage, for example, if the material is moved to the construction site with minimum time where it could be allowed to dry back. This could reduce the amount of watering that is required to achieve the required OMC level for compaction.

Pit Rehabilitation

There is a range of legislation concerned wholly or in part with matters related to site rehabilitation. Administrative arrangements between government agencies differ from State to State and country. Liaison between these agencies should, in the first instance, be via the local government and state/territory Departments of Mines or Environment or in accordance with State administrative procedures for material extraction.

The rehabilitation program may involve:

 restoration of the area so that pre-extraction conditions are replicated

 reclamation of the area so that the pre-extraction land use and ecological values can be re-established in similar conditions

 remodelling of the area so that it is returned to a use substantially different, and perhaps nominally better, to that which existed prior to extraction.

Regulations may require that the landowner ‘sign off’ on acceptance of the final condition of the rehabilitated site.

The risk of soil erosion increases with rainfall intensity, particularly where vegetation has been removed. The final objective of rehabilitation of the site should be reinstatement to a safe and stable condition. On land used for agriculture or forestry, the aim could be to reinstate the land to its pre-extraction level of productivity or better. At the very least, the objective should be to restore the area as nearly as possible to its original condition.

A survey of the site is essential to provide a baseline standard for later rehabilitation. The significance of various factors will vary between sites: climatic conditions, particularly rainfall and soil characteristics, are invariably of direct significance to site rehabilitation procedures.

A site survey should include information on:

 land form and surface geology including soil types  surface and ground water

 land use

 flora and fauna.

Even on a relatively small scale, the quarrying of materials can result in local changes to the physical environment such as effects on vegetation and surface and groundwater, and also in terms of the potential for dust. These changes need to be managed so environmental impacts such as erosion by wind and water, the introduction of weeds and the degradation of the visual amenity can be avoided.

Care is required in the removal and storage of topsoil and overburden. Many of the potential adverse impacts of materials extraction from pits and quarries can be avoided or reduced by the careful siting of access roads and the creation of buffer zones. In some cases sealing the access haul road may be necessary or the installation of grids at exit points for 'shakedown' to remove loose material from the haulage vehicles.

Good planning and operating procedures will minimise the adverse impacts of the extraction operation. 'Rehabilitation' refers to the operations whereby the unavoidable impacts on the environment are repaired. To the extent practicable, rehabilitation should be concurrent with

The following basic procedures should be followed:

 Prepare a rehabilitation plan before commencing extraction (this may be a mandatory requirement) and be aware of any statutory requirements and ensure that these are met in the plan.

 Locate the excavation so as to minimise visual exposure to passing traffic.

 Always remove and retain topsoil for subsequent rehabilitation; progressive stripping of new areas with the concurrent rehabilitation of exhausted areas will minimise soil deterioration by stockpiling and reduce double handling.

 Rehabilitate the site progressively wherever possible.

 Ensure the site is made safe; restrict public access where possible.  Reinstate natural drainage patterns where they have been affected.

 Ensure the reshaped land is formed so as to be inherently stable, adequately drained and suitable for the desired long-term use.

 Minimise long term visual impact by creating landforms compatible with the landscape or away from view by passing traffic.

 Be aware that topsoil will generally not hold on slopes steeper than 1 in 3.5 (27º) and cannot normally be placed by machine on slopes greater than 1 in 5 (19º). Consider the timing of rehabilitation and revegetation activities to optimise the use of natural weather conditions conducive to the regrowth cycle of vegetation.

 Minimise erosion by wind and water during both the extraction and rehabilitation processes.  Remove all facilities and equipment from the site unless approval has been obtained from

the regulatory authorities or affected land holders to do otherwise.  Remove all rubbish.

 Revegetate the area with plant species that will control erosion and provide vegetative diversity compatible with the local ecosystem.

 Prevent the introduction of weeds and pests. In some areas, notably Western Australia and South Australia, 'dieback' fungal organisms can be a major problem requiring particular care in topsoil clearing and storage.

 Monitor rehabilitated areas until they are self-sustaining or at a stage which meets the satisfaction of the landowner or responsible government instrumentality.