Considerations of risks

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.

Clause 7 in Schedule 8A of Mining Regulation 2016 requires holders of mining leases to conduct and rehabilitation risk assessment and implement the measures identified to eliminate, minimise or mitigate the risks. The Guideline: Rehabilitation Risk Assessment (PDF, 1.36 MB) provides assistance to operators to identify and evaluate the potential risks to achieving the final land use and identify the specific measures to be implemented to mitigate those risks by undertaking a rehabilitation risk assessment. Operators should refer to AZ/NZS ISO 31000:2018 Risk Management – Guidelines to inform the preparation of the rehabilitation risk assessment.

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 rehabilitation risk assessment 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.

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.

Further information on the Regulator's risk assessment processes can be found at Regulating risks to rehabilitation.