o Are limited by the other clauses of the Phase 2 Agreement which define the extent of
rehabilitation that Heritage must carry out;
• Heritage Minerals accrues additional rehabilitation liability in circumstances where it
significantly excavates material from a stockpile (i.e. tailings dump) for reprocessing, in which
case on closure, Heritage Minerals would be required to fully excavate any remaining material
in the stockpile to the pre-existing natural ground level. Excavated material would be
reprocessed or otherwise disposed of in an authorised tailings storage facility. If, following that
excavation, there is residual contamination capable of causing serious or material
environmental harm, Heritage Minerals may be required in consultation with the DNRMMRRD
to excavate a further 0.6m in the area of the contamination;
• However, if Heritage Minerals uses or disturbs a stockpile for a purpose other than to remove
the material as part of its reprocessing activities, or uses or disturbs a stockpile in connection
with any exploration activities for feasibility studies, Heritage Minerals is not required to
excavate the stockpile to previous natural ground level and instead would be required to
rehabilitate any disturbance caused by its exploration activities consistently with the DNRME
Site Remediation Plan and in accordance with its environmental approvals (e.g. apply soil and
seed);
• If Heritage Minerals takes water from the OCP, that activity does not constitute a use or
disturbance of the site by Heritage Minerals. That is, taking water from the OCP will not trigger
any requirement for Heritage Minerals to rectify or rehabilitate any disturbance or impact, or
environmental consequences of any disturbance or impact, associated with the OCP; and
• Where Heritage Minerals is engaged by the DNRMMRRD to carry out rehabilitation activities
on the DNRMMRRD behalf in support of its rehabilitation of the site, those activities do not
constitute a use or disturbance of the site by Heritage Minerals.
The EA is consistent with the allocation of rehabilitation liability as between the State and Heritage
Minerals under the Phase 2 Agreement. It acknowledges the Phase 2 Agreement and provides among
other things that Heritage Minerals is not required to rehabilitate areas of the site that are not used or
disturbed as part of its mining activities (condition F5). The EA supplements clause 6 of the Phase 2
Agreement, including by describing rehabilitation requirements for other aspects of the site that are
proposed to be disturbed by Heritage Minerals.
The limitation of rehabilitation liability provided in the Phase 1 Agreement, Phase 2 Agreement and
reflected in the EA is a recognition by the State of the severity of the environmental issues at the site
due to over 100 years of mining which pre-dated the modern regulatory regime. The burden of
rehabilitation is significant, and the State has recognised that this risk allocation is the only avenue to
ensure the viability of reprocessing activities.
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Wulguru Technical Services Pty Ltd – Supporting Information Report
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