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Proposed changes to the Northern Territory's mining laws have been described by environment groups as "once in a generation reforms to fix what has been a thoroughly broken system", but the industry is worried stricter rules will lead to more red tape.
Key points:
- The NT government has proposed changes to mining laws
- The public can have a say on the draft legislation until September 18
- Environment groups say changes are overdue as the territory faces a critical minerals boom
New laws to regulate mining have been in the works for years, galvanised by traditional owners and environmentalists who have pushed for better regulations and even taken their battles to court over a string of environmental scandals.
As the Northern Territory looks down the barrel of a critical minerals boom — which may mean more mines — these groups say stronger regulations are vital.
Environment Minister Lauren Moss has lauded the draft legislation as the continuation "of a world-class regulatory regime".
“The reforms will ensure the territory has contemporary, streamlined and effective legislation to improve environmental outcomes, increase transparency in the regulation of mining activities, and deliver greater certainty to industry," she said.
Major mining reforms proposed
Major changes include shifting regulatory responsibility from the Department of Industry, Tourism and Trade to the Department of Environment, Parks and Water Security
A new licensing system has been proposed, as well as extending the existing compliance and enforcement powers under the Environment Protection Act.
The government is also proposing new powers to impose requirements to continue monitoring and rehabilitation activities at a mine.
Cathryn Tilmouth is the executive director of the Minerals Council of Australia's NT Division.
Ms Tilmouth said the mining industry was already facing a cluster of challenges — including land rights legislation, a lack of infrastructure and big distances to cover — and the last thing it needed was overburdensome rules and higher costs.
"The Northern Territory cannot reach that [$40 billion economy] target without the mining industry," she said.
Ms Tilmouth said the proposed changes created some uncertainty for investors.
"We don't need to see the goalposts being changed from project to project," she said.
"For example, in some of the provisions that have been drafted within this bill, there are mentions of review processes, but it isn't clear what the triggers are going to be for those review processes."
Ms Tilmouth said the mining sector was concerned the draft lacked detail on the conditions of ongoing monitoring and mine restoration, which was often a costly exercise that had previously run into the billions.
She said it was also unclear how long project approvals would take.
"In order for there to be certainty for investors in Northern Territory, there needs to be certainty of what the rules are, what the processes are and how long it's going to take for their businesses to get off the ground," Ms Tilmouth said.
Current system 'absolute dog's breakfast'
NT Environment Centre director Kirsty Howey said reforming the system the territory had operated under for decades was long overdue.
"The current regulatory regime for mining is an absolute dog's breakfast," she said.
"It is shrouded in secrecy ... the current system has led to legacy mines tarnishing the Northern Territory's landscape, and huge disasters."
Ms Howey said stronger laws would go a long way toward repairing public confidence in the industry as the territory prepared for a significant uptick in the mining of minerals — often touted as the best way to transition to cleaner energy.
"This will not create uncertainty, this actually creates certainty and will improve the social licence of the mining industry, which is abysmal," she said.
"What we need to be able to stand behind as the environmental movement is strong mining laws [that are] independently regulated and governed."