this great leap forward is several steps back!

Mike Rann has proposed a set of protection areas for the northern Flinders Ranges, including the Arkaroola Sanctuary and Mount Gee. See below for the full transcript of his statement to Parliament of today. And here for the document 'Seeking a Balance'

While it will take a little time to work through the full implications of exactly what's been proposed my first reaction is easy: 'it's not enough, Mike!'

If you consult the map (see image below for link to the larger version) there's a rather remarkable gap - kind of an exposed midriff - between the dense cluster of restricted access sectors in the north and another cluster in the south of the Arkaroola Sanctuary.

Now, you probably won't be astonished to learn that this patchy band just happens to coincide with the putative uranium hot-zone and Marathon's exploration lease.

Some preliminary observations; Mount Gee is clearly shown to be within Zone 2a (the second-highest level of protection afforded - no drilling access is allowed) in the map on page 15 (see at right), and yet is described in the text on page 16 as being in Zone 2b (where drilling is allowed - see below). In the circumstances this really is a remarkable error. So which Zone is it really in, Mike?


do they read their own laws?


Even more amazingly, mining 'infrastructure' may now be permitted to be installed in Zone 2b -

Infrastructure may be permitted within the zone on a case-by-case basis provided it protects identified values

To date Marathon has acknowledged accepting that it will have to tunnel in under the ranges from outside to access the resource, and that it wouldn't be establishing any entrance tunnels for shafts, declines or similar locally, so the Rann Govt. has apparently gone backwards on this point!

In fact, the government is behaving as though laws that are inconvenient for its purposes simply don't exist! Has anyone in this government actually read the Environmental Class A Zone provisions that already apply to the Northern Flinders Ranges under the Planning Act of 1993?

No-one - not Marathon, not Heathgate / Alliance, not even the Government itself - can build any such 'infrastructure' anywhere in the ranges - even in the proposed 'open - slather' zones. It's worth quoting from this legislation;

Objective 1: The conservation of the natural character and environment of the area.

Land in the area is of extremely high landscape, wilderness, environmental and scientific value. These qualities make it an attractive natural environment containing little evidence of human impact. New structures need to be restricted to shelters and rainwater storage for walkers and persons on horseback and to structures ancillary and adjacent to existing buildings....

Conservation of the environment and landscape is the paramount aim and consideration in the Environmental Class A Zone...

No new tracks (as distinct from roads) should be constructed and the use of existing tracks by vehicles also needs to be restricted...

and while we're quoting this 'inconvenient' legislation;

No mining operations should take place in the Environmental Class A Zone except where:
(a) the deposits are of such paramount significance that all other environment, heritage or conservation considerations may be overridden;
(b) the exploitation of the deposits is in the National or State interest;
(c) investigations have shown that alternative deposits are not available on other land in the locality outside the zone...

Alliance's Beverly 4 Mile ISL uranium mining operation lies only a few kilometres from Marathon's lease's eastern boundary. Roxby Downs is the largest uranium mine in the world, and SA has 4 other mines running or approved. So much for 'paramount significance' 'National interest' and 'alternative deposits are not available'!

It's ridiculous - nobody needs the uranium under the Arkaroola Sanctuary for any reason better than their own potential personal enrichment. Existing legislation was developed specifically to protect the character of the ranges. And yet the Rann government has proceeded to divvy up the northern Flinders as though they owned the place!


more steps back!


And speaking of going backwards rather than forwards; Mineral Resources Development Minister Paul Holloway's previous Media Release stated categorically that the Department for Environment and Heritage would be signing off on all potential Marathon Exploration activities within their lease -

These conditions include the requirement for both the Director of Mines and Chief Executive of the Department of Evironment and Heritage to jointly approve all exploration activities [emphasis in original]

And yet there are areas within Marathon's lease as depicted on Mike Rann's new map that are not designated as requiring joint management with the DEH!

To be logically consistent all sectors of EL 3258 (or it's successor!) must at a minimum be assigned within Zone 2b, where the DEH's approval is a requirement for exploration activities. Instead large chunks are assigned to 'access all areas' standard-mining-lease zones with only the Minerals Department approving any exploration. This is blatantly contradictory.


Lookout, Sillers!


Incredibly, Sillers Lookout, the iconic area that is the outward terminus for the Ridgetop Tour also sits in this 'open slather' zone.

Yes, despite a dramatic photo of the Lookout adorning the page 2 and 3 frontispiece of the government's own document. And despite this major Tourism drawcard being the very image that most people are likely to call to mind when they think of Arkaroola! Mr. Rann, this is 'asleep at the wheel' stuff!

But, you see, Sillers Lookout has the misfortune to be located in the 'exposed midriff' of the Sanctuary.

No doubt much more discussion will ensue. The public has until December 19th to comment on this proposed legislation, which is described specifically thus; 'the area zoned in this document is the minimum area for protection'.

I suggest we tell mike Rann we want more. Much more.

NORTHERN FLINDERS RANGES

The Hon. M.D. RANN (Ramsay—Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Sustainability and Climate Change) (14:11): I seek leave to make another ministerial statement, and I apologise for the length.

Leave granted.

The Hon. M.D. RANN: The future of the Northern Flinders Ranges, including the Arkaroola Wilderness Sanctuary, requires a careful balance between minerals and energy exploration and preservation of the unique environmental beauty of this world-class tourist area. Resource companies need both certainty and clarity when making decisions about their high risk long-life investments. While the Northern Flinders Ranges has been explored for decades, it has long been recognised by the industry and government that iconic areas in the Northern Flinders need clear and appropriate levels of protection. I am announcing today that the South Australian government is moving to ensure this balance is achieved by adopting a Northern Flinders Environmental Management Framework and putting it out for public consultation for the next eight weeks.

Despite the impact of the global financial downturn over the past year, mining continues to be a foundation stone of South Australia's ongoing economic growth and prosperity. A key reason for the huge increase in minerals exploration in our state over recent years is the state government's Plan for Accelerating Exploration (or the PACE program, as it is better known). This $31 million investment that we launched in 2004, in partnership with the resources industry, is a key part of our strategy to diversify the economy of our state in order to increase economic growth. Never has any scheme delivered better bang for buck than the PACE scheme in mining. PACE has resulted in—

Members interjecting:

The Hon. M.D. RANN: Oh, they are still going on about tasers. They spend all their time tasering each other! PACE has resulted in an unprecedented boost in mineral exploration activity, which—

Mr Williams interjecting:

The SPEAKER: Order! The Premier will take his seat. The member for MacKillop.

Mr WILLIAMS: It is the convention of the house, when a minister obtains leave to make a ministerial statement, that they supply other members with a copy of it.

The Hon. M.D. RANN: I have got them here.

Members interjecting:

The Hon. M.D. RANN: No, I want him to read it, because he will see that there was $30 million a year in exploration under the Liberals and there was $355 million a year in 2007-08. So, that is the difference. PACE has resulted in an unprecedented boost in minerals exploration activity, which grew from around $30 million a year at the start of this decade to $355 million in the 2007-08 financial year. From a total of four operating mines when this state government came to office—

Mr Williams interjecting:

The SPEAKER: Order, the member for MacKillop!

The Hon. M.D. RANN: —South Australia is now home to 11 mines—



Mr Williams interjecting:

The SPEAKER: The member for MacKillop!

The Hon. M.D. RANN: —with that number expected to increase to 16 by the end of next year: a fourfold increase in the number of mines in this state.

In addition, we have more than 20 projects that are currently progressing through the approvals process. That growth reflects the climate of investment certainty that the government has created over the past 7½ years. But the PACE initiative is not solely about attracting exploration and investment. Among the eight themes that underpin our PACE scheme are balancing resource development with conservation and also resource development and sustainable communities.

Of course, balancing the realisation of mineral resources with the needs and sensitivities of our environment is a challenge for governments the world over. That is why the South Australia government continues to work closely with the industry to help ensure that our resources sector grows in concert, not at the expense of our natural environment.

We have shown our preparedness to act when our stringent environmental requirements are not met. The government has responded to inappropriate activities by Marathon Resources in the Flinders Ranges by imposing stringent licensing conditions and an ongoing ban on ground-disturbing activities. The company cannot drill or do anything with their licence beyond flying over the area or picking up rocks exposed on the ground for the next 12 months. In October 2010, the company will have to apply to have their licence renewed and the government will again determine what conditions will be imposed at that time.

This government has an equally strong record in protecting and enhancing our natural environment. For instance, since coming to office, we have placed about 800,000 hectares of wilderness under wilderness protection, the highest protection level we can provide. And now we get on to Arkaroola and the Northern Flinders which has been the subject of such controversy.

The Northern Flinders is an area of South Australia which has been a focus for mineral exploration since early last century and which has had high mineral prospectivity and a potential source of geothermal energy, but it is also an area of wild beauty, high conservation values and significant tourism potential. It is home to the Arkaroola Wilderness Sanctuary, a place that South Australians identify as greatly untouched wilderness. Its habitat includes plants and animals unique to the area, including the Flinders Ranges purple spotted gudgeon, the spidery wattle and the endangered yellow-footed rock wallaby. It is also a place of significant cultural value to the Adnyamathanha people who retain a living connection with their country. That is why the future of the Northern Flinders Ranges requires a careful balance between exploration and the preservation of these areas of great environmental and cultural value.

Today, I am announcing that the state government will be adopting an environmental management framework to balance the environmental and prospectivity values of the Northern Flinders Ranges. The new framework provides a sensible set of guidelines that exploration companies can use while working in the Northern Flinders. And here is the rub. Areas with particularly high conservation and tourism significance will be zoned such that no access for exploration or resource development is allowed. At the same time, environmentally and culturally important areas in the Northern Flinders Ranges such as the Mawson Plateau, Freeling Heights, Mount Gee, Mount Painter and Arkaroola Creek will be managed in a way that preserves areas of local heritage and scenic beauty for generations to come.

The framework is based upon a joint project by Primary Industries and the Department for Environment and Heritage to identify the heritage sites of the Northern Flinders Ranges. This project has established a set of management policies and zones to identify the most important environmental and landscape values. Some sites will be zoned to allow lower impact exploration, while other sites will be zoned to allow for standard exploration and mining access, but also, of course, there will be zones where there is a total, absolute prohibition.

The framework clearly provides for ongoing access to areas of high mineral prospectivity. By implementing these zones, the framework will provide the kind of certainty and clarity that resources companies require when making decisions about their high-risk, long-life investments. These management arrangements are in addition to existing protection—in addition to existing protection—under the Aboriginal Heritage Act and other relevant legislation.

The government will be seeking feedback from key stakeholders, such as the state's Chamber of Mines and Energy, traditional owners, the Wilderness Society, the owners of the Arkaroola Wilderness Sanctuary, as well as mining, exploration and other lease holders. The draft framework will also be available for broader public consultation for eight weeks, and I encourage people to have their say to make sure that we get the balance right. The final policy documents will be released by the government in early 2010. But, in conclusion, and this is the most important thing, areas with particularly high conservation and tourism significance will be zoned that no access for exploration or resource development will be allowed.

dial M for misinformation?!

Marathon Resources director - and former federal Labor Senator - Chris Schacht has an 'interesting' take on the Arkaroola dumping scandal, and one that's surprisingly easy to contradict, even by taking a quick glance at the the company's own 'Waste in the Wilderness' document, a mea culpa they issued in response to it!

But, nevertheless, here he is on local ABC Radio 891 on the morning of Monday the 7th of September -

It was true we made a mistake on the disposal of waste material, none of which was radioactive … I just simply say to Nicky [a phone-in caller - BJD] what happened was instead of tipping the waste out of the bags into a trench and covering it over, which was legal, we left it in the bags and that was illegal...

Firstly; not radioactive? What are they looking for, treacle? As Greens MLC Mark Parnell responded (see below) "Well, they're wasting their time drilling there then!"

To quote the Primary Industries and Environmental Protection Authority joint investigation..

The inspection of sample bags uncovered in the test pits confirmed that a number of the bags containing sample drill material exhibit radioactivity levels consistent with that of ore grade material.

The investigation confirmed that Marathon Resources did not undertake to advise or request approval from any SA Government regulatory authorities (EPA and PIRSA) in relation to disposal of potentially radioactively contaminated sample bags/waste.

just a little light littering?


One does wonder how Schacht can have felt confident making these claims in public; but with the ABC's Abraham and Bevan at the helm it seems he hardly need have worried overly much! David Bevan even persisted in trying to tease out the notion that the company was merely 'done' for littering! -

Bevan: Yeah, so your offence is you left some plastic bags there?

Schacht: Absolutely and that is a breach of the regulation of which we admit our mistake and have changed.

Bevan: It was littering.

Schacht: Yes, of course.

Let's take a look at the relevant documentation, shall we?

Firstly, here's how the PIRSA / EPA report described the waste:

Test pits excavated under EPA supervision confirmed the presence of 2 large trenches and the extensive burial of drill samples contained within plastic and calico bags.

The excavation of test pits confirmed the burial of general waste including, cardboard, plastic jars, pvc pipe, paper, packing material, a food container and wrapper within the two trenches.

The full extent of burial of sample bags and general waste was not investigated on 16 January 2008 but has subsequently been confirmed by Marathon. Marathon advises that the number of sample bags is likely to be around 22,800.

and further -

Marathon representatives admitted on-site and in other documents subsequently supplied to PIRSA by Marathon that:

Two trenches were excavated with approximate dimensions of 35m (length) x 4m (width) x 2.7m (depth) by declared equipment and filled with approximately 22800 sample filled bags together with general waste.

Marathons disposal of plastic and calico bags containing sample material does not comply with the following PIRSA approval conditions for the use of Declared Equipment dated 1 November 2006 [this is about using large bulldozers to excavate big holes when you're not supposed to- BJD ]:

Condition 2 - The work is undertaken in accordance with that described in your DEF (received 20 October 2006) and subsequent memorandum of 31 October 2006. Where there is a variation between your proposal and this approval, the conditions of this approval will take precedence.

Condition 6 - Due care is taken to prevent unnecessary environmental damage.

Condition 9 - Exploration contractors and field staff be advised of the environmental objectives of the program, and have a clear understanding of their environmental management responsibilities.

PIRSA also issued the following instructions to Marathon -

PIRSA directs that all unauthorised buried drill sample material [NOTE: NOT just plastic bags - emphasis mine] and general waste at this site must be safely excavated and removed from EL 3258. The site must be rehabilitated back to as close as possible to original conditions [NOTE: because they were never entitled to excavate these trenches in the first place].

leave it out!


In other words, Schacht's claim that it would all have been OK if they'd shaken the rubbish out of the bags is as absurd as it appears.

Marathon was not entitled to excavate 2 very large trenches in the heart of the Sanctuary and conceal all the waste in it, bagged or otherwise. They were supposed to have promptly returned the drilling waste to the original drill holes or associated sumps and mud-pits, and to have taken the PPE and other materials off-site altogether for proper disposal.

The whole idea was to minimise your impact on the local environment, guys! As the PIRSA / EPA report makes clear.

And you don't have to look far to confirm this. Here's the relevant excerpt from the company's own publication,'Learning From Waste in the Wilderness'

Appreciating the risks associated with uranium exploration and mining

Marathon’s DEF specifies how its drilling program is to be managed. The DEF also specifies safety measures for planning and managing work at the Mt Gee drill sites and for managing the disposal of low-level radioactive materials and mining samples. The DEF specifies measures for the bagging and burial of drilling samples, noting that these were ‘developed and approved by the EPA’ and ‘will be implemented’. Under these safety measures Marathon was to:

Have staff dispose of used filter cartridges, and personal protective equipment (PPE) in sealed plastic bags placed in steel drums to be then removed from the site and disposed of through the general waste system away from the Arkaroola site; and

Have excess bulk drill cuttings returned principally to the drilling hole...

The DEF specifies that the bulk of material will be returned to the drill hole. [emphasis mine] It also specifies that all sampling (assay, archive and PIRSA representative samples) and down hole logging would be completed within 2 weeks of drilling, to allow rehabilitation of drilling sites to be concluded preferably within 4 weeks of drilling...

Marathon’s Radiation Safety Plan, Environmental Program and its operational procedures were not focused sufficiently on the need to exercise care with the disposal of uranium-related drilling and assay samples as well as clothing and other materials used when drilling for and handling these materials...

There were also operational and technical failures that contributed to bringing about allegations of site contamination, investigation by PIRSA and EPA and the consequent suspension of further drilling, namely:

The bagged materials associated with the drill site were not returned to the main drilling hole and adjacent drill sump at the completion of drilling (as prescribed in the DEF and EPA guidance documents)[my emphasis]. This was because of delays of up to 6 months in receiving samples back from the laboratory. Marathon’s DEF states that ‘…rehabilitation of an individual drill site should be commenced and preferably completed within 4 weeks of drilling, all reasonable effort will be made to keep to this time frame’. Due to increased industry activity, there were lengthy delays in the return of assay results and materials. However, Marathon was obliged to store the materials until each drill hole was signed-off by PIRSA and its error in practice was subsequently to dispose of the materials without PIRSA/EPA approval.[my emphasis]

The used PPE was not bagged and placed in steel cans to be taken away for disposal through the normal refuse system away from the Arkaroola site. They were instead disposed of at the Arkaroola site.

credibility


Now, the company's done a lot of hand-wringing of late, and makes vociferous claims to have turned over a new leaf after they had strayed so far from the righteous path by illegally disposing of the waste.

And yet here's one of their directors and spokespeople making claims that appear to be an attempt to belittle the scale of their own previous transgressions! How will that affect the public perception of their credibility?

Which leads us to, on a lighter note, well, I can only say... wow! Now it's the second biggest uranium deposit in Australia!

I seem to remember the heady days only a few weeks back when it was the 5th! It's amazing what you can discover when you're not actually drilling!

But I'll let Mark Parnell tease out this discussion in the transcript of the 891 discussion, printed in full below.

ABC 891 discussion part II
Tuesday 8th September 2009

David Bevan [ABC Announcer]: The debate over Arkaroola is set to generate more heat than a nuclear power station. We’ve got an unusual alliance of people wanting to preserve the Arkaroola Station forever, no mining there at all. We had Mark Parnell on the program last week along with conservative MP, Nick Minchin and Iain Evans getting together and saying … leave Arkaroola alone, no mining in Arkaroola. Yesterday on this program Chris Schacht … a Director of Marathon Resources, a mining company that’s exploring that region. He was arguing for the case … for allowing Marathon to get in there and explore and provided they meet all of the environmental requirements that the authorities impose on them be allowed to dig the stuff up, that is uranium. Now, Mark Parnell wants to challenge some of the things that Chris Schacht said to our listeners yesterday … let’s just play you a small portion of what Chris Schacht said yesterday...

Chris Schacht, former Labor Senator, Marathon Board member and lobbyist [speaking [07-09-09]:… this is at least a $5 billion deposit.

Bevan: How do you know?

Schacht: Because already what we’ve explored and what we’ve declared to the stock exchange in both inferred and indicative resource and at roughly the present price it’d be around $5 billion...

Bevan: What, uranium?

Schacht: Uranium. It’s the second biggest single deposit of uranium after Roxby Downs …

Phone -in Caller Nicky: … I wanted to ask Chris why on earth we should allow a company anywhere near Arkaroola, that in your exploration was caught red-handed illegally dumping waste? It’s a disgrace and if you think there’s any credibility for this company after that, you can’t even get the exploration part right, what makes you think that we should believe you about a full-scale mine?

Schacht: It was true we made a mistake on the disposal of waste material, none of which was radioactive … I just simply say to Nicky what happened was instead of tipping the waste out of the bags into a trench and covering it over, which was legal, we left it in the bags and that was illegal and we accept that, we made a mistake. We have restructured the company, there’s been changes to the board, we’ve issued a major policy statement on what we’ve done to change the company as a result …

Bevan: Are you saying Marathon was guilty of nothing more than littering with some plastic bags?

Schacht: No, no we broke the regulation.

Bevan: … is that effectively what you did, you left some plastic bags?…

Schacht: No, no, we left the stuff in the plastic bag and buried it.

Bevan: Yeah, but you could have just tipped it out and it would have been fine.

Schacht: But that’s what the rules allow.

Bevan: Yeah, so your offence is you left some plastic bags there?

Schacht: Absolutely and that is a breach of the regulation of which we admit our mistake and have changed.

Bevan: It was littering.

Schacht: Yes, of course. [End excerpt]

Bevan: Okay, that’s Chris Schacht yesterday … Mark Parnell … why do you take issue with what Chris Schacht was saying?

Mark Parnell: There were two main things but I’ll start by saying Chris said none of it was radioactive. They’re wasting their time, they’re looking for uranium, if it wasn’t radioactive what they’ve pulled out of the ground then what on earth are they doing there?

But really the two things that I take issue with, the first of all is it is $5b. Now, people who hang around the stock market and mining companies understand that there are a number of scales of confidence that you can have when you’re looking for minerals. You’ve got things called indicated resources and you’ve got inferred. Inferred is not much more than a guess. Now, Marathon reported to the stock exchange in July this year and then had to put a correction in because they got their figures wrong. Their latest figures are four mega tonnes indicated, 47 inferred. So that 47 is not much more than guess work based on people sitting at computers screens imagining what the resource might be. So it is a long way away from saying this is a $5b resource.

The other thing I take exception to is this idea of waste, that it was just a few plastic bags … the littering. Well, goodness, there were drums, there were bags, there was a backhoe which was taken to part of the national estate. There was plenty of –

Abraham: What, they buried a backhoe or they used a backhoe?

Parnell: … they basically dug their trenches –

Abraham: Well it was 35 tonnes according to ABC News.

Parnell: - 22,000 bags of waste and it’s not just a question of it being the bags that were the pollution, the core samples are supposed to be put back down the core sample poles.

But the backhoe I referred to was referred to in the EPA and the Primary Industries report, basically it was vandalism of a national estate listed geological monument. And this is the so called fluorite deposit. They’ve never found where the material ended up, it’s worth an awful lot of money. [see the Case of the Missing Minerals]

So it wasn’t just a simple matter of littering, there was incident after incident of illegal behaviour and for Chris Schacht to just say … ‘It was just a minor thing and we’ve changed our ways’, I don’t believe him at all.

Phone-in Caller Anne: … I’m very disappointed with the fact that they’re trying to get mining there. It’s worldwide famous for its beauty. There’s plenty of uranium in the Northern Territory … it’s basically glowing with the stuff and I’m very disappointed in Chris Schacht for supporting it.

Phone-in Caller Peter: … the reason why we allow mining in Australia and let these leases is so that the people of Australia can get access to these minerals … in reality the people of Australia can’t get access to these minerals because the plan is to export it. So Australians don’t need the mining to happen.