Considerations of risks
The mining industry must be aware that the risks to tailing storage facility management need to be considered throughout the life of a mining operation.
The Tailings Compliance Priority Project identified opportunities for improvement in how the mining industry assesses the risks associated with tailings storage facility management and adopts appropriate controls for hazards.
In particular, the mining industry must be aware that the risks to tailings storage facility management need to be considered throughout the life of a mining operation (design, construction, operation and decommissioning) to enable effective implementation of controls that will ensure operations are conducted in a safe and sustainable manner.
Guidance on risk assessment
The Resources Regulator does not prescribe how mine operators should conduct risk assessments specific to tailings storage facility management. However, guidance is provided below for how mine operators should approach risk assessments for events that affect both workers safety (WHS Act considerations) as well as environment, rehabilitation and mine closure matters (Mining Act considerations).
WHS (MPS) Act 2013 considerations
The Guide - Preparing a principal hazard management plan provides information for how operators are required to consider risk to workers associated with tailings storage facility management. It is noted that tailings storage facility management is not listed as a ‘specified hazard’ in accordance with WHS (Mines and Petroleum Sites) regulation, however are considered as a component of the inundation and inrush hazards. Consideration of tailings storage facility management is required due to the reasonable potential to result in multiple deaths in a single incident or a series of recurring incidents.
The Notifying the regulator of a high risk activity (form contains guidance notes) provides notification requirements to the Regulator for operators undertaking listed high risk activities (HRA) in accordance with WHS (Mines and Petroleum Sites) Regulation.
Mining Act 1992 risk assessment considerations
The ESG3 Mining operations plan (MOP) guide provides requirements for operators to consider specific risks relating to environmental issues (refer to Section 3.1 and 3.2 in this guide). Risk assessments are required to be undertaken in accordance with AZ/NZS ISO 31000:2018 Risk Management – Guidelines.
This Standard requires risk controls (or treatments) to be identified and justified, with risk treatment plans integrated into management plans and processes. As such, the implementation of risk controls for tailings storage facility management for closure is required to be clearly outlined in the MOP. The Regulator recommends that special consideration of tailings risk assessments and controls is undertaken in the MOP due to these mining domains having unique risks that may not apply to other areas of the mine.
A key consideration is that risks associated with tailings storage facility closures are required to be considered throughout the life of a mining operation (design, construction, operation and decommissioning) and not just be limited to the closure phase.
Guidance provided below may be useful for operators to consider the range of issues that the Regulator considers when determining the adequacy of controls implemented by mine operators to address risks associated with tailings storage facility closure.
Tailings storage facilities assessment programs
The regulator has an ongoing planned assessment program for the principal hazard inundation or inrush that focuses on assessing a mine operator's management of the critical controls to prevent material unwanted event (MUE) for uncontrolled failure of containment of a tailings dam or water storage located on a mine site and evaluate the effectiveness of critical controls in the mine operator’s health and safety management system.
Further information on the planned assessment program can be found at the Resources Regulator assessment-programs. A fact sheet for inundation inrush tailings dams provides further information on the assessment program.
Rehabilitation compliance
Further information on the Regulator's risk assessment processes can be found at Regulating risks to rehabilitation.