assessment.
78 Most of the major environmental constraints to mining, and subsequent conditions for compliance, stem from the environmental assessment procedure, rather than procedures under the mining laws themselves.
79 However, in the
Northern Territory, the Mining Management Act 2001 presides over the development of mineral resources in accordance with best practice safety, health and
environmental standards. It authorises and monitors mining activities and requires
the careful management of mining sites. This law sets out procedures for consultation and cooperation for environmental protection management systems, undertaking audits, inspections, investigations, monitoring and reporting to ensure
compliance with agreed environmental standards and specifies the obligations in
mining in respect of the environment. This law specifies the type of assistance
available to the mining industry to introduce programs of continuous improvement
and achieve best practice in environmental management.
80
5.4.5 Agriculture Tenancy and Land Acquisition
There is provision for agricultural tenancy in various state lands law and related
laws. The New South Wales Agricultural Tenancies Act 1990 specifically encourages agricultural landowners and their tenants and share farmers to employ the
principles of ecologically sustainable development in their farming practices
81 and
to maintain sustainable agricultural production and prevent degradation of the
environment. This law provides for farmers to use written agreements under agricultural tenancy arrangements to set out their rights to farming and the terms of
sustainable land use. It also provides a mechanism for resolution of disputes by the
parties to agricultural tenancies themselves, through mediation, and an arbitration
mechanism for settling disputes between parties to agricultural tenancies that is
outside the court system.
82
5.4.6 Nature Conservation
This area of law includes a wide range of nature conservation legislation including
threatened species law, national parks and wildlife law, wilderness protection area
law, and laws that establish and protect nature parks and reserves. The significant
78 By definition, mining is an activity that requires approval under State Environmental Planning
and Assessment laws and Environment Protection laws. A major consideration in assessment is the
potential for protection of significant ecological values and successful land rehabilitation.
79 E.g. see Section 6 Western Australia Mining Act 1978.
80 Section 3(a)-(f); Part 3 Environmental obligations.
81 Objects of the Act, Section 3; the principles of ecologically sustainable development as described
by Section 6(2) of the Protection of the Environment Administration Act 1991.
82 Part 4 of the Act, Dispute Resolution and Remedies.
Soil Legislation in Australia
209
78 Most of the major environmental constraints to mining, and subsequent conditions for compliance, stem from the environmental assessment procedure, rather than procedures under the mining laws themselves.
79 However, in the
Northern Territory, the Mining Management Act 2001 presides over the development of mineral resources in accordance with best practice safety, health and
environmental standards. It authorises and monitors mining activities and requires
the careful management of mining sites. This law sets out procedures for consultation and cooperation for environmental protection management systems, undertaking audits, inspections, investigations, monitoring and reporting to ensure
compliance with agreed environmental standards and specifies the obligations in
mining in respect of the environment. This law specifies the type of assistance
available to the mining industry to introduce programs of continuous improvement
and achieve best practice in environmental management.
80
5.4.5 Agriculture Tenancy and Land Acquisition
There is provision for agricultural tenancy in various state lands law and related
laws. The New South Wales Agricultural Tenancies Act 1990 specifically encourages agricultural landowners and their tenants and share farmers to employ the
principles of ecologically sustainable development in their farming practices
81 and
to maintain sustainable agricultural production and prevent degradation of the
environment. This law provides for farmers to use written agreements under agricultural tenancy arrangements to set out their rights to farming and the terms of
sustainable land use. It also provides a mechanism for resolution of disputes by the
parties to agricultural tenancies themselves, through mediation, and an arbitration
mechanism for settling disputes between parties to agricultural tenancies that is
outside the court system.
82
5.4.6 Nature Conservation
This area of law includes a wide range of nature conservation legislation including
threatened species law, national parks and wildlife law, wilderness protection area
law, and laws that establish and protect nature parks and reserves. The significant
78 By definition, mining is an activity that requires approval under State Environmental Planning
and Assessment laws and Environment Protection laws. A major consideration in assessment is the
potential for protection of significant ecological values and successful land rehabilitation.
79 E.g. see Section 6 Western Australia Mining Act 1978.
80 Section 3(a)-(f); Part 3 Environmental obligations.
81 Objects of the Act, Section 3; the principles of ecologically sustainable development as described
by Section 6(2) of the Protection of the Environment Administration Act 1991.
82 Part 4 of the Act, Dispute Resolution and Remedies.
Soil Legislation in Australia
209