On 3 April 2009, the Queensland Government declared three new wild river areas over the Archer, Stewart and Lockhart rivers. This brings the total number of wild river declarations in Queensland to nine. These declarations can significantly impact mining and exploration in these areas.

Tenements located in northern Queensland may be particularly affected by wild river declarations. These declarations will affect the type and degree of mining activities that can be carried out within the areas of a declaration, impacting on both applicant tenements awaiting grant and existing tenements subject to future renewal.

It is important to be aware of the restrictions that may be imposed on mining activities within a wild river area. The Queensland Government has declared a total of nine wild river areas with a good chance of more declarations being made in the future.

About wild rivers

A wild river is a stream that has all, or almost all, of its natural values intact. This doesn’t necessarily mean that the river is in pristine condition, but that it is largely unaffected by development in its catchment area. Wild rivers in Queensland are mainly located in northern Queensland, particularly in the Cape York region.

Wild river areas are regulated by a number of statutory instruments, including the Wild Rivers Act 2005, the Wild Rivers Code, and a variety of other wild rivers declarations and regulating Acts. The wild rivers provisions of these will apply once a declaration is made over a particular area.

The process of declaring a wild river area begins with the introduction of a suspension on certain water works, vegetation clearing and mining over the proposed area. The declaration proposal is released for public consultation and following the consultation period, the Minister will decide whether to make a declaration, based on community consultation, any submissions made and, where applicable, a water resource plan or resource operations plan. If a declaration is made, it is sent to the Governor in Council for approval. The final step is for the Minister to release a report on the consultation undertaken for the declaration.

How these declarations could affect you

Wild river requirements apply when a mining tenement is either granted or renewed under the Mineral Resources Act 1989 or an environmental authority is granted under the Environmental Protection Act 1994 for either mining or petroleum activities.

Mining activities

Existing mining activities within an area that becomes subject to a declaration are not affected by the terms of the declaration, until that authorisation is renewed. Likewise, any associated infrastructure (such as dams and roads) will not be affected until that infrastructure is expanded or modified.

Under the Mineral Resources Act, if a mining lease is granted over land that includes a declared wild river area, mining lease activities must not be carried out on the surface of the land in a high preservation area. Wild rivers legislation therefore forbids surface mining in a high preservation area.

Underground mining may be carried out beneath a high preservation area if the surface is not disturbed. For example, the entry pits to the underground mines must be located outside the area. Any mining activities would also be subject to an environmental impact statement which assesses the risk of mine collapse and subsidence, the impact on the hydraulic connection between sub-artesian aquifers and the wild river, and the impact on the quality of water in sub-artesian aquifers connected to the wild river area.

If an exploration permit applies to a high preservation area other than a watercourse or lake, the permit holder may carry out low impact activities such as aerial, seismic and drilling activity, but not pit excavation or bulk sampling. These activities must be undertaken as a level 1 mining activity, be consistent with an approved environmental management plan, and be located a minimum distance from the high banks of a watercourse or lake (as set out in the declaration).

New infrastructure, such as road, railway, electricity and pipelines, are classed as specified works and may be developed in both preservation areas and high preservation areas. These developments are subject to the specific requirements outlined in the relevant declaration.

Petroleum activities

Petroleum activities are not as highly regulated as activities conducted under mining authorities. Unlike the Mineral Resources Act, the Petroleum and Gas (Production and Safety) Act 2004 does not contain wild river provisions. Petroleum activities are mainly regulated by the Environmental Protection Act, through environmental authority conditions, and through the relevant wild river declaration.

The holder of a petroleum authority in a wild river area who wants to apply for an environmental authority under the Environmental Protection Act must observe and comply with wild river requirements.

For more information

You can read more about wild river declarations at the Department of Environment and Resource Management website: http://www.nrw.qld.gov.au/wildrivers/declared_areas.html

Click on the PDF link to download HopgoodGanim's full paper on the Wild Rivers Act.