Rehabilitation of the Latrobe Valley Coal Mines: Integrating Regulation of Mine Rehabilitaion and Planning for Land and Water Use

Professor Alex Gardner, University of Western Australia Law School
Elda Poletti, Mining Law Consultant
Lauren Downes, Research Associate, University of Western Australia Law School
Laura Hamblin, Research Associate, University of Western Australia Law School

The research presented in this article was supported by CRC TiME. The content of the article is a revised version of a case study undertaken for the project “Mapping the regulatory framework of mine closure”. The support of the Australian Government through the Cooperative Research Centre Program is acknowledged. The article is current to March 2024.

This case study considers the challenges of implementing effective regulatory processes for rehabilitation of open cut coal mines in one of the world’s largest brown coal reserves, the Latrobe Valley, Victoria. The Latrobe Valley coal fired energy industry is experiencing a transition hastened by a serious coal mine fire in 2014 and climate change. The Latrobe Valley mines and their associated power stations either have closed (Hazelwood 2017) or are scheduled to close (Yallourn 2028 and Loy Yang 2035) with final rehabilitation to follow. The case study demonstrates the leading role of the Mineral Resources (Sustainable Development) Act 1990 (Vic) in mine rehabilitation regulation. The MRSD Act was significantly reformed in 2019 to introduce important mine rehabilitation reforms and integrate mine rehabilitation regulation with land use and water use planning, all operating in the context of the Climate Change Act 2017 (Vic). The principal integrative instrument is the Latrobe Valley Regional Rehabilitation Strategy (2020, amended in October 2023). We suggest further research to improve the regulatory outcomes.

Recent updates from Malaysia and Southeast Asia

Acknowledging the need in its country, the Government of Malaysia has recently introduced several new programs that aim to improve low carbon and renewable energy generation in the country. 

Mining strategies and risks for 2024

KPMG has recently released its Australian Mining Risk Forecast 2024 that outlines the top-ranking risks for the mining and metals industry. The report is based on material risks of mining companies in the ASX 300. 

Legislative updates in Queensland and Western Australia

The Governments in Queensland and Western Australia have recently released several consultation papers, reports and proposed legislation that impact the resources sector.

High Court decision on the right to mine

The High Court recently handed down its decision in Harvey v Minister for Primary Industries and Resources [2024] HCA 1. The case considered the meaning of mining activities under the Native Title Act 1993 (Cth). 

The case involved an application for a mineral lease that Mount Isa Mines applied for in 2013 under the Mineral Titles Act 2010 (NT). The application was to process sediment from a channel to a dredge spoil emplacement area but did not involve any production of minerals. The applicant gave notice under section 24MD(6A) of the Native Title Act but the native title holders argued the notice should have been under section 24MD(6B) instead. 
 

An Update From Across The Globe

As lawmakers settle into 2024, we’re now seeing progress on policy and legislation in jurisdictions across the globe. 

Recent State legislative updates

Both Victoria and South Australia have recently progressed significant legislation focused on renewable energy. 
 
The Victorian Government’s Climate Change and Energy Legislation Amendment (Renewable Energy and Storage Targets) Bill 2023 has had its second reading in the Legislative Assembly. The Bill is intended to reduce the cost of power bills, create tens of thousands of jobs and encourage investment in the State’s renewable energy industry. 

Overview of the Government’s Resources and Energy Report

The Department of Industry, Science and Resources recently published its quarterly report on Resources and Energy. The report includes forecasts from the Office of the Chief Economist on the value, volume and price of major Australian resources and energy commodity exports.

Chilean Committee Launch Event

On 8^th November in Chile (9^th Nov in Australia), the Chilean Committee of the Energy and Resources Law Association was officially launched. The event took place at the office of the Sustainable Minerals Institute International Centre of Excellence Chile (SMI-ICE-Chile). The event started with opening words by the Mr. Ambassador of Australia in Chile, His Excellency Todd Mercer, the Executive Director of the SMI-ICE-Chile, Doug Aitken, and Gordon Bunyan , Executive Director of the Energy & Resources Law Association.

Recent environmental cases in Australia

Two recent cases involving environmental actions provide some guidance on how the law and Ministerial decision making can apply.  

Recently two judicial review proceedings were dismissed by the Federal Court. The case was brought by Environmental Justice Australia and has been called the Living Wonders case. The case sought to challenge the Federal Environment Minister’s failure to adequately consider climate change risk when assessing two coal mine expansions under s78 of the Environmental Protection and Biodiversity Conservation Act 1999.