Mining

Despite strong community opposition, Sandy Mining Pty Ltd has been granted a 10-year mining licence, for 53.8 hectares, in the northern section of the Wombat State Forest.

Application for Mining Licence at Shepherd’s Flat in the Wombat Forest

Objections to the Shepherd’s Flat Mining Licence must be in writing and delivered by Wednesday 29 January 2014

Please try to post by this Friday 24 January to make sure they get there on time.

Send to:
The Manager
Earth Resources Tenements
Department of State Development, Business & Innovation
GPO Box 4509
MELBOURNE VIC 3001

Re: Application for a Mining Licence ­ MIN5572, Shepherd¹s Flat, Victoria

State your objections. Do this in your own words and you may wish to discuss the environmental impacts as you see them.

Topics you may wish to include:

• Complete lack of community consultation, which is required by the MRSD Act Is an ad in the Age and the Courier (8 January) with a 3 week deadline for response community consultation? No public meeting called to explain the works.
• Damage to waterways (the old gold workings are in and along the creek)
• Mercury was used in historic gold recovery and any remaining mercury will be disturbed if exploration and mining takes place in the historic workings ­ a health issue
• Damage to and removal of native vegetation in the Wombat State Forest including two endangered vegetation classes – Grassy Dry Forest (EVC 22 – Depleted) Valley Grassy Forest (EVC 47 ­ Vulnerable)
• Endangered Flora & Fauna – Fauna species that are listed nearby include Powerful Owls and Brush-tail Phascogales, and will probably be on the site. Flora species found nearby include Grevillea repens & Dianella amoena.
• Ask for a comprehensive flora & fauna surveys prior to consideration being given to a licence.
• The proposed exploration as stated in the advertisement covers ³Costeaning, geological survey, drilling, bulk sampling and underground mining for gold. Costeaning and bulk sampling will cause environmental damage, particularly as ore bodies are probably in or abutting the waterways as evidenced by historic mining sites.
• What size bulk sample do they intend to take. The South Bullarto Mine was 5,000 tonnes.
• Sandy Mining Pty Ltd already have a mining licence for a 4 hectare area (MIN 4230) within the proposed area. We ask if they have adequately managed MIN4230. The GeoVic website states that there was a Mining Warden hearing in November 2011.

Mine Application Update

The Ballarat Office of the Earth Resource Business Centre (the Department in charge of mining) have said that acknowledgements of all objections have been mailed to the objectors including an outline of procedures.

They advise that, firstly, the applicant will need to address native title requirements. This can take as long as 18 months.

The department is now assessing the Mineralisation Report. They will consider the objections raised in the submissions to the Mining Lease Application by members of the public.

They advise that objections are usually dealt with in the Work Plan. (This is where we find a problem, as there is no opportunity for the public to have a say in the contents of a Work Plan)

All those who lodged objections will be notified regarding whether the licence has been granted or refused. They advise that it is not a given that the licence will be granted.

In October 2013, amendments to the Mining Act were passed and included increased requirements for community consultation. If a licence is granted, the licensee will need to put in place their community consultation which may include advertising in local papers or a website.

(We note that although there is a requirement for community consultation, there is nothing in the Act that says that the licensee needs to take this into consideration)

Media release

Letter to Minister for Planning

Thanks to Anthony Petrucci for this video of the day.

Photos of the bush at the mine site.

Wombat Forestcare has done its best to ensure the accuracy of this information however we are reliant on our sources which may contain errors.

Mining and exploration licences in the area

• Mining licences in the area (Map and list)
• Licence MIN4230
• Licence MIN4305
• Licence MIN5059
• Licence MIN5111
• Licence MIN5349
• Licence MIN5383
• Licence MIN5395
• Licence MIN5460
• Licence MIN5485
• Licence MIN5503
• Licence MIN5518
• Mining and Exploration Licenses in the south of the region
• Mining and Exploration licences in the north of this region

Other Resources

• Bullarto Hall meeting outline
• What can you so to stop the proposed gold mine in the Wombat Forest
• Permapoesis blog – Wombat Forest and its waters under threat of gold mining contamination
• Sign – the online petition at The Petition Site
• For more information or discussion join the Facebook page

Maps of proposed Mine site

Another mining licence (MIN5460) was approved on 3 May 2014 for the Wombat State Forest covering 37 hectares near Spargo Creek. The proposed work program includes hard rock open cut and underground mining and bulk sampling.

Wombat Forestcare considers such activity to be totally inappropriate in an area that is a catchment for the Werribee River. Residents in the area pay a special levy for the protection of the water catchment, which seems totally at odds with allowing a mining venture a few hundred metres from the Werribee River.

The State Government is promoting Victoria as an “excellent investment opportunity” for mining and in this rush to allow these ventures they are overlooking critical ecological values and community concerns.

The Minister makes the decision to approve mining licenses and although there is an opportunity for the public to make a submission, the actual decision rests with the Minister. A “community consultation” process occurs at the time of mining however the community has no power to effect change and the process can be as little as informing the public via a website.

The Wombat Forest is slowly recovering from massive previous exploitation and is important habitat for many threatened species. Endangered Powerful Owls and Greater Gliders are recorded in the area of the proposed mine.

The protection of our catchments, our ecosystems and our flora and fauna are incredibly important. The Wombat Forest is public land and therefore belongs to the people of Victoria. We suggest that the Victorian Government is not managing it in a way that the majority of the community expects.

Help protect our waterways, bush and wildlife

Email – Victorian State Minister for Energy and Resources, Michael O’Brien MP voicing your opposition to the proposed gold mine (Mining License 5349). See below for a summary of key issues.
Email: michael.o’brien@parliament.vic.gov.au

Write – Victorian State Minister for Energy and Resources, Michael O’Brien MP voicing your opposition to the proposed gold mine (Mining License 5349). See below for a summary of key issues.

Minister for Minerals and Energy
Hon. Michael O’Brien
Parliament House
Spring Street
Melbourne 3000

• Contact details for politicians

Sign – the online petition at The Petition Site and encourage your contacts to sign it.

For more information/discussion join the Facebook page or see other resources at Mining Maps and Resources.

Key Issues for letters to politicians, councillors and government departments

You can say something as simple as

I request that the Minister rescind the Work Plan and the Mining Lease (MIN5349) under the Mineral Resources (Sustainable Development) Act 1990, due the destruction of native vegetation, the loss of habitat, death and injury to wildlife and potential negative impacts on waterways that will result if the proposed mine proceeds.

Or include any of the more specific comments

Lack of Community Consultation

• The proposed mine has caused widespread concern within the community. This is reflected by the 350 people who attended the meeting at Bullarto in opposition to the proposed mine and by a Stop the Goldmine in the Wombat State Forest Facebook Campaign run by concerned locals that has attracted over 1200 members within the first week of campaigning.
• The Work Plan for the gold mining operation has been secretly given the go ahead without any community consultation from the mine owners, Dept of Primary Industry (DPI) or Dept of Sustainability & Environment (DSE). The first contact with the community occurred nearly two years after the mining company completed the Work Plan for the mine and one month after DPI approved the mine.
• If the mine goes ahead over 5,000 tonnes of extracted material will be trucked to Maldon for processing. These large trucks undertaking hundreds of trips will be travelling through Bullarto and past the local primary school, yet no Bullarto residents were consulted. The trucks will then undertake the 80km round trip damaging our local roads.

Impacts on Waterways

• As the mine is less than five hectares, an Environmental Effect Statement does not have to be prepared. This is despite the possibility that the mine will be expanded by Fortitude Mining Pty Ltd based on the outcome of their 5,000 tonne ‘bulk sample’.
• The proposed mine is at headwaters of the Heritage listed Lerderderg River. The Upper Lerderderg River is one of the least disturbed rivers in Victoria.
• The proposed mine’s proximity to Crowley Creek and the Lerderderg River raises serious issues about erosion, sedimentation and heavy metal contamination of these waterways. Heavy metals include mercury, cadmium and arsenic that occur in the mine tailings (soil and sub-soil excavated from mine) that will be stored on site and will leach into waterways.
• The potential heavy metal contamination and sedimentation will impact on river health, aquatic life and the supply of water for domestic and agriculture purposes.

Clearing of Native Vegetation and Habitat

• 3.8 hectares of native bushland will be removed, including 60 mature eucalypts, two threatened plants (Wombat Bush-pea Pultenaea reflexifolia and Netted Daisy-bush Olearia speciosa, and approximately 60 other types of native plants.
• Although the site provides habitat for many native animals, surveys to determine what native fauna occur on the site have not been carried out. The site contains numerous Wombat burrows, and it is difficult to imagine what measures could be taken to save the Wombats from death in their burrows. Numerous old mine shafts on the site may also provide habitat for the critically endangered Common Bent-wing Bat. Recommended bat surveys to ascertain if the species occur on the site have not been carried out. The threatened Powerful Owl also occurs in the area.
• The proposed revegetation of the site approved by DSE and DPI is inadequate, and will only provide very patchy results. The only requirement is to simply spread the topsoil back over the site. However, given the slopes on site it is possible that most of this topsoil will be washed away in the first heavy rains. The small bond of $30,000 paid by the company is also totally inadequate to ensure that the mine site is rehabilitated once the gold has been extracted.

Economic Issues

• The financial viability of the gold mine is very questionable given the potentially low gold yields and the operational costs involved.
• No permanent employment will result from the mine, and even the temporary employment generated by the mine will be limited. No royalties will be paid to the State government for the gold extracted as gold is exempt from royalties.
• The area is commonly used by tourists and locals who visit the Lerderderg River, the historic ‘Balt Camp’ and the forested, mountainous terrain. The proposed trucking route includes Camp Road which is designated as a ‘self-guided scenic or forest drive’ in the Wombat Forest. Being a dirt road, the truck traffic will result in the roadway becoming a muddy quagmire for tourists and locals, and cause sedimentation of creeks the along the road. Should the work be carried out in summer there will be dust issues.

Nel Staite and her brilliant team organised the day which included six bands and musicians and activities for children.

Over $1200 was raised and we send our appreciation to the Palais, all the musicians and everyone involved in making the FUNdraiser so successful. The community support has been over-whelming with so many people contributing that we cannot list them all.

Thanks also to all those who so generously donated.

Photo: Cider House Band

A copy of the approved Work Plan for MIN5349 was received by Wombat Forestcare in August 2012 and fails to address concerns regarding the protection of waterways and biodiversity.

More information

The Work Plan provides very little detail regarding the construction of this open cut extraction such as ramps needed for machinery and whether the works can be contained on the 3.8 hectare site.

Two proposed dams are indicated by circles but no measurements or engineering computations are provided.

The Work Plan has been approved without the provision of a plan which shows ‘the general drainage pattern of the area’ as required under the Mineral Resources Development Regulations 2002.

The waterway on the site is defined (and mapped) as a drainage line by the Code of Practice for Timber Production 2007 and should be protected by a 10 metre filter strip. However, although machinery must not enter except at approved crossings, trees may be felled from within the filter strip.

Whether this is a ‘designated’ waterway as defined by the Water Act 1989 is being examined by Melbourne Water and if they determine that it is a ‘designated’ waterway, the proposed works will need a ‘works on waterways’ permit. There is a waterway with an incised channel near the NE corner of the site and this may have implications for the proposed works.

The Department of Primary Industries (DPI) has responded to a letter written by the Environment defenders Office regarding whether the operation is ‘mining’ or ‘exploration’ or both. DPI states that it considers the work to be ‘bulk sampling’.

DPI informed us that Section 4 of the MRSD Act defines exploration to include: ‘taking samples for the purposes of chemical or other analysis; and extracting minerals from land, other than for the purpose of producing them commercially’ DPI assured us that they will monitor compliance with the Act however this raises the question of whether, if a large amount of gold is recovered, this is indeed a commercial operation and should have had more stringent requirements.

DPI also confirmed that the Biosis Flora and Fauna report formed part of the approved Work Plan but have since stated the report was not approved by DPI and is an appendix to guide DSE & DPI. There are also of set of General Work Plan conditions which may or may not apply to MIN5349 and a few specific conditions specified by DSE regarding the off-set which must be purchased within 12 months of commencement of works.

All this highlights the inadequacy of the Mining Act. That such a vague document has been approved, that there are no requirements for hydrological studies or engineering computations and that the possibility that an endangered species Common Bent-wing Bat) is on the site and surveys are not required is cause for great concern.

Given that four water authorities have a stake in the waterway of this proposed mine site; Port Phillip and Westernport Catchment Management Authority (PPWCMA), Melbourne Water, Central Highlands Water and Southern Rural Water and is situated in a Declared Special Area (Water Supply Catchment) it would be expected that a waterway would automatically protected.

Wombat Forestcare is continuing to explore all legal avenues to halt this inappropriate proposed project and urges all those with concerns to continue to write to Minister O’Brien, government politicians and newspapers.

Tree on proposed Mine Site

Despite a public meeting attended by 350 people who oppose the gold mine and repeated requests by the community, DPI and Fortitude Mining are still refusing to publicly release the approved Work Plan for the five hectare gold mine in the Wombat State Forest.

Fortitude Mining has also totally changed its position on the possible expansion of the proposed mine, and are now saying that 120,000 tonnes of ore may be mined in the area, sixty times the volume in the current proposal. On top of this Fortitude Mining is now claiming that Wombat Forestcare is spreading misinformation, when in fact the information provided by the company keeps changing.

A spokesperson for Wombat Forestcare, Murray Ralph, said that ‘This could all be clarified if either DPI or Fortitude Mining would release the final, approved copy of the Work Plan. For some unknown reason the Work Plan that was supplied to our group may or may not be the final DPI approved Work Plan. I am almost starting to believe that the Work Plan that we will eventually see is not the one that DPI actually approved’.

View of the Forest at the Mine Site

Both DPI and Fortitude Mining have said that the Work Plan cannot be released because sections are commercially in confidence. Murray Ralph also stated that ‘Those sections could be very easily removed and the remainder of the Work Plan release to the community. First Fortitude Mining tells us we can have a copy, then we can’t. Then they finally provide a copy that may be the approved plan but may not. DPI tells us that to get a copy of the approved Work plan we will need to go thorough Freedom of Information, a lengthy and difficult process. Then, when a lawyer from the Environmental Defenders Office (EDO), acting on our behalf contacts DPI they say we can have it in a week’.

Fortitude Mining also stated in a meeting held last week between DPI, a representative of Fortitude and Wombat Forestcare, that the mine would definitely not be expanded beyond five hectares. Now they are stressing that it is only a sample and that there is another 120,000 tonnes of material to mine if this proves to be economic.

A mining licence was granted for the 5 hectare site in July 2007 and a Work Plan approved by the Department of Primary Industries (DPI) on the 30 May, 2012. The gold mine is to be located 5km south of Bullarto in the headwaters of Heritage listed Lerderderg River and adjacent to Crowley Creek, which becomes the Lerderderg River. Fortitude Mining has a permit issued by DSE to clear 3.8 hectares of forest so the mine can proceed.

Wombat Forestcare is concerned that neither Fortitude Mining nor the relevant state authority, the Department of Sustainability and Environment (DSE) have carried out a comprehensive survey of the rare or threatened species that are thought to exist on the site.

On Sunday 15th July about 350 members of the community voiced their opposition to a recently approved five hectare open cut gold mine in the Wombat State Forest. The meeting was organised by Wombat Forestcare. The packed Bullarto Hall was addressed by speakers from Wombat Forestcare who outlined the lack of consultation and possible environmental impacts if the approved mine goes ahead. Many people could not fit in the hall and listened as best as possible from doorways.

A mining licence was granted for the 5 hectare site in July 2007 and a Work Plan approved by the Department of Primary Industries (DPI) on the 30 May, 2012. The gold mine is to be located 5km south of Bullarto in the headwaters of Heritage listed Lerderderg River and adjacent to Crowley Creek, which becomes the Lerderderg River. To enable the mine to proceed 3.8 hectares of forest will be cleared.

The meeting was chaired by David Stephens from Wombat Forestcare who acknowledged the traditional owners and welcomed the community.

Gayle Osborne spoke about the lack of community consultation. The meeting was informed that Wombat Forestcare was contacted by the mining representative only after the mine had been approved. Wombat Forestcare was then only provided with a very small amount of information, most of which remains unverified.

Wombat Forestcare denied that it had been involved in a community consultation process as stated by John Mitas, Department of Primary Industries (DPI). Gayle also highlighted the anger in the community at the lack of community consultation. This sentiment was echoed by many people at the meeting.

Gayle also outlined some information on the impacts of the mine on local wildlife, including Wombats and aquatic stream life. She pointed to the high likelihood that the critically endangered Common Bent-wing Bat inhabits the historic mine shafts on the site.

Murray outlining the mining methods that will be potentially used at the site

Murray Ralph provided details of the mining operation as outlined in a copy of part of the Work Plan supplied by the mining company’s representative. It was highlighted that Wombat Forestcare was unsure whether this information is in fact from a copy of the approved DPI Work Plan. Wombat Forestcare has now made a formal application a copy of the approved Work Plan and is awaiting this information.

Murray described the location and extent of the proposed mine, the mining methods that will be potentially used at the site, the removal of 5,000 tons from the reef, the stocking of contaminated soil on site and the potential impacts of trucking this to Maldon.

Murray then outlined the possible environmental impacts that may occur should the proposed mine proceed. These included; the impacts on the near pristine upper reaches of the Lerderderg River; the removal of 3.8 hectares of native vegetation including over 60 mature eucalypts; the lack of fauna surveys including surveys for the critically endangered Common Bent-wing Bat; the lack of protection for the Wombats on the site; the lack of adequate fauna surveys; and the inadequate planning for revegetation of the site and an inadequate bond of $30,000.

The financial viability of the proposed venture was then questioned given the potentially low gold yields, costs of the operation and ‘external’ costs of the mine to the environment and local roads, etc.

Several members of the audience also made relevant comments relating to the lack of consultation, environmental impacts and inadequate legislation and planning requirements regarding this mine and mining developments in general. John Walter from Malmsbury Landcare detailed similar experiences regarding an exploration lease.

The meeting was then opened for questions which were answered by speakers and members of the audience. Many people also stated their intentions to take further action by writing letters to the Minister and contacting relevant authorities. Wombat Forestcare has been overwhelmed with support for the campaign to stop this mine and large numbers of people are involving themselves in assisting.

A number of motions were passed at towards the end of the meeting.

• Motion 1: That the Meeting of the local community at Bullarto Hall on Sunday 15 July 2012 request that the Minister for Energy and Resources, Hon Michael O’Brien MLA, establish an Environmental Monitoring Committee which includes at least three members of the local Bullarto community to review the Work Plan for mining licence MIN5349 for mining in the Wombat State Forest.
  Moved: Gavin Jameson
  Seconded: Gayle Osborne
  Carried by all present at the meeting except one person (who felt the mine should be halted immediately).
• Motion 2: That the Meeting of the local community at Bullarto Hall on Sunday 15 July 2012 request the Minister for Energy and Resources, Hon Michael O’Brien MLA rescind the mining licence MIN5349 for mining in the Wombat State Forest.
  Moved: Murray Ralph
  Seconded:
  Carried Unanimously
• Motion 3: That the Meeting of the local community at Bullarto Hall on Sunday 15 July 2012 call on State and Federal Government to act to prevent the activation of any further mining leases in primary water catchment areas.
  Moved: David Stephens
  Seconded: Murray Ralph
  Carried Unanimously

All present at the meeting were thanked for their attendance and support. The meeting was closed at 2-30pm.

Wombat Forestcare would like to thank all who attended and the massive offers of support and information. We are attempting to work through all this but as a first step we have outlined the issues for those who wish to write to the Minister for Minerals and Energy.

A large gold mining operation has secretively been given the go ahead in the Wombat State Forest; 2km south of the Bullarto township, in the headwaters of the Heritage listed Lerderderg River.

The four hectare open cut mine has been approved without public consultation, and the mine owner and the Department of Primary Industries (DPI) have so far failed to publicly release any detailed information regarding the mining operation, such as a Works Plan.

An Environmental Effect Statement has not been developed for the mining operation. Given the proximity of the proposed mine to Crowley Creek and the Lerderderg River, the operation raises issues about erosion, sedimentation and heavy metal contamination of these waterways. It also appears that on-site flora and fauna surveys have not been even been carried out.

The site is currently covered by forest and provides habitat for a range of native fauna. All native vegetation will be totally destroyed, as well as a large number of Wombat burrows that also occur on the site, and we presume along with the Wombats that reside in them.

Wombat Forestcare has been led to believe that a small bond of $30,000 is to be paid and considers this to be totally inadequate to ensure that the proposed site is rehabilitated. ‘There are many examples where small mining companies have come in, extracted the gold then the company folds, leaving rehabilitating the site up to the taxpayers’ stated Ian Magee from Bendigo District Environment Council, who has had many years experience campaigning against poorly operated mines in the Bendigo area.

If the mine goes ahead over 5,000 tonnes of extracted material will be trucked to Maldon for processing. These large trucks undertaking hundreds of trips will be travelling through Bullarto and past the local primary school, yet it appears that no Bullarto residents were consulted. The trucks will then undertake the 80km round trip damaging our local roads. It will be Hepburn residents that will have to foot the bill for road repairs not the mine owners.

‘Given the negative environmental impacts, secrecy and lack of consultation, every necessary action will be taken by Wombat Forestcare and the local community to stop this mining operation’ stated David Stephens from Wombat Forestcare. ‘We want federal protection of these primary water catchments (Wombat Forest) from this and any new mining operations.’

Wombat Forestcare has discovered that in the last three months the Department of Primary Industry (DPI) has secretly approved plans for a total of three gold mines in and around the Wombat Forest, a fourth gold mine was approved last year, and a fifth gold mine was given authority to commence in 1998 but has not yet started.

Draft mining work plans for another three gold mines have also been submitted to DPI, covering another 238 hectares of the Wombat State Forest.

Applications have also been lodged for two more mining leases covering another 40 hectares of the Wombat State Forest at Spargo Creek and south of Blackwood, which would bring the total number of mining leases in the forest to twelve, and the area covered by mining leases to over 430 hectares.

Four of the mines that have been approved by DPI occur in the Wombat State Forest, and may cover up to 15 hectares of forest. These are the much publicised one at Bullarto (MIN5349), one at Dales Creek approved this year (MIN5395), another north of Basalt approved last year (MIN5503), and the one west of Newbury with authority to commence mining granted in 2008 (MIN5059). The other approved mine is on private land at Bolwarrah and is described as an open cut mine on a 3.6 hectare mining lease (MIN5485).

‘Given the current totally inadequate laws relating to mining, these mines could commence in the near future without any real say by the community. DPI and the State Liberal government are overseeing a new gold rush for the region but failing to consult anyone or explore the environmental impacts of all these mines. All the proposed mines require major vegetation removal, loss of habitat and are likely to result in substantial degradation of waterways.’ stated Murray Ralph from Wombat Forestcare.

Wombat Forestcare has also calculated that mining exploration leases or applications for mineral exploration licences cover over 70,000 hectares of this region, including the towns of Daylesford and Hepburn. Approximately 15,000 hectares of these are in the Wombat forest and the remainder mostly covers surrounding private land.

Murray Ralph also commented that ‘This is all on top of the revelation that Fortitude Mining, the company proposing the approved open cut mine at Bullarto, are now publicly stating that their real aim is to extract 120,000 tonnes of ore for processing, over twenty times the 5000 tonnes outlined in the current proposal. This is just a taste of things to come as many of these other mines are also undertaking samples and are likely to be expanded.’

‘Copies of approved Work plans and draft work plans for all these mining leases have been requested from DPI. However, despite numerous requests DPI has still not provided the supposedly public documents for the mine at Bullarto, so Wombat Forestcare is not holding its breath. DPI appears to bend over backwards for the mining companies but does little or nothing to inform or consult the community and protect the environment.’ stated Murray Ralph from Wombat Forestcare.

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