Data as at 14 September 2026 · from the Queensland EP Act public register
EM587 v0 · Code of environmental compliance for mining claims and prospecting permits
EM587 v0: Code of environmental compliance for mining claims and prospecting permits (superseded). 29 conditions, adopted by reference in 9 live Queensland environmental authorities.
- Document
- Departmental PDF
- Status
- Superseded
- Adopted by
- 9 live authorities
Conditions
- Condition 1
The holder of a new Environmental Authority* must submit the required amount of Financial Assurance* (i.e. a security deposit) to the administering authority prior to carrying out any activities on the mining tenement. If an application is lodged to transfer the environmental authority to another person or company, the proposed transferee must submit the required financial assurance prior to the transfer taking effect. Note 1 - A financial assurance must be calculated in accordance with the Schedule of Rehabilitation Costs in the application form. Note 2 - Section 364 of the Environmental Protection Act 1994, requires that the holder of the environmental authority gives the administering authority a financial assurance in an acceptable form (i.e. either cash or a bank guarantee) and for the amount calculated in a manner decided by the administering authority. When necessary, the holder of the environmental authority must amend the financial assurance under section 366 of the Environmental Protection Act 1994 (e.g. increasing the area of disturbance on the mining claim). The holder of the environmental authority must lodge a single financial assurance with the Department of Mines and Energy. The financial assurance will consist of two components: (a) An amount to cover the potential costs of rehabilitation of areas disturbed by mining activities (i.e. Environmental Protection Agency component); and (b) An amount to cover the potential costs of restoring property improvements disturbed by mining activities and the failure of the tenure holder to pay rents and royalties (i.e. Department of Mines and Energy component). Land Disturbance
- Condition 2
The holder of the environmental authority must ensure that the area and duration of disturbance to land, vegetation and watercourses are minimised. Note 3 - To minimise the area and duration of disturbance to land, vegetation and watercourses the following measures or similar measures can be used: - where practical, avoid disturbing large and/or mature trees; - select specific trees to be cleared and avoid causing damage to surrounding vegetation; and - where practical, leave the rootstock intact to promote regeneration and regrowth. 5 Air Quality
- Condition 3
The holder of the environmental authority must not cause an Unreasonable Release* of dust. Note 4 - To prevent causing an unreasonable release of dust, the following measures or similar measures can be used: - altering work practices to avoid or minimise the generation of dust; - scheduling activities for times when they will have least impact; - revegetating disturbed areas as soon as practical; - leaving or creating wind breaks or screening; and - installing pollution control equipment (e.g. fitting bag filters or a cyclone to dust generating equipment). Noise Emissions
- Condition 4
The holder of the environmental authority must not cause Unreasonable Noise* at a Noise Sensitive Place*. Note 5 - To prevent causing unreasonable noise at a noise sensitive place the following measures or similar measures can be used: - construct and maintain noise barriers and enclosures around noisy equipment or along the noise transmission path; - implement noise reduction measures at noise sensitive places; - provide and maintain low noise equipment; - carry out routine maintenance on fans to minimise bearing noise; - repair or replace defective mufflers of vehicles and plant with suitable effective mufflers; and - limit the hours of operation of the project to between the hours of 7am to 6pm Monday to Saturday. Note 6 - If aircraft are used for mining related activities, operate them so as to minimise disturbance to livestock (e.g. helicopters). Erosion and Sediment Control
- Condition 5
The holder of a environmental authority must design, install and maintain adequate banks and/or diversion drains to minimise the potential for storm water runoff to enter areas disturbed by mining activities. 6
- Condition 6
The holder of the environmental authority must design, install and maintain adequate erosion and sediment controls wherever necessary to prevent erosion of disturbed areas and sedimentation of any Watercourse*, Waterway*, Groundwater*, Wetland* or Lake*. Note 7 - For information on the design and construction of sediment ponds refer to the "Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland", Part C, "Site Water Management". Note 8 - Regularly clean out sediment traps, ponds and drains and maintain them in effective working order, until erosion stability has been achieved in disturbed areas. Note 9 - The capacity of sediment traps, ponds, drains and banks should not be reduced below 70% of their design capacity.
- Condition 7
The holder of the environmental authority must ensure that any Turbidity* at a point 300m downstream from any mining activity being carried out in a watercourse, is no greater than any turbidity upstream from the activity. Note 10 - With regard to on site management of water refer to the Environmental Protection (Water) Policy 1997. Topsoil and Overburden Management
- Condition 8
The holder of the environmental authority must ensure that Topsoil* is removed and stockpiled prior to carrying out any mining activity. Prevent or minimise the mixing and erosion of topsoil and Overburden* stockpiles. Note 11 - To separate topsoil and overburden and to prevent or minimise the erosion of these stockpiles the following measures or similar measures can be used: - identify topsoil and overburden layers prior to mining; - store topsoil and overburden in separate stockpiles; - install silt fences or bunding around the stockpiles; - establish and maintain a temporary cover crop on the topsoil stockpiles; - limit the height of topsoil stockpiles to 2 m; and - where practical, reuse stockpiled topsoil within 12 months of storage. 7 Hazardous Contaminants
- Condition 9
The holder of the environmental authority must plan and conduct activities on site to prevent any potential or actual release of a Hazardous Contaminant*. Note 12 - Section 442 of the Environmental Protection Act 1994 makes it an offence to release a prescribed contaminant. A prescribed contaminant is a contaminant prescribed by an Environmental Protection Policy. Note 13 - Section 443 of the Environmental Protection Act 1994 makes it an offence to cause or allow a contaminant to be placed in a position where it could reasonably be expected to cause serious or material environmental harm or environmental nuisance. Note 14 - The owner or occupier of a mining claim must notify the administering authority if the owner or occupier becomes aware that a Notifiable Activity* listed in Schedule 3 of the Environmental Protection Act 1994, is being carried out on the land within 30 days, by giving notice to the administering authority in the approved form. For example, a mining operation that generates waste materials that contain hazardous contaminants must notify the administrating authority that this activity is being carried out. Refer to section 371 of the Environmental Protection Act 1994.
- Condition 10
The holder of the environmental authority must ensure that spills of hazardous contaminants are cleaned up as quickly as practical. Do not clean up such spillage by hosing, sweeping or otherwise releasing such contaminants to any watercourse, waterway, groundwater, wetland or lake. Note 15 - If a mining claim becomes Significantly Disturbed Land* because it is contaminated land, it ceases to be significantly disturbed land if a Suitability Statement* is issued for the land. Refer to section 384 of the Environmental Protection Act 1994. Note 16 - A Site Management Plan* approved under Part 413 of the Environmental Protection Act 1994, may be required by the administrating authority for sites recorded on the Environmental Management Register* or the Contaminated Land Register*. Such sites may include acid producing waste rock stockpiles or tailings dams containing acid producing wastes. 8
- Condition 11
The holder of the environmental authority must dispose of acid producing waste rock in a mine excavation where practical and backfill as soon as practical. Where not practical, bury acid producing waste rock in an excavation or pit and backfill as soon as practical. Backfill all mine excavations, other excavations and pits containing acid producing waste rock with benign, low permeability material and seal the mine excavation, other excavation or pit with a compacted capping layer at least 1m thick. Note 17 - For detailed information on the management of acid mine waste material refer to the "Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland", Part B, `Assessment and Management of Acid Drainage' and the `Guidelines for Sampling and Analysis of Lowland Acid Sulphate Soils (ASS) in Queensland'. Nature Conservation
- Condition 12
The holder of the environmental authority must prevent the spread of Declared Plants* by ensuring that all vehicles and machinery are adequately cleaned before taking the vehicles and machinery out of a Declared Plant Area*. Note 18 - Section 35 (a) of the Mineral Resources Regulation 1990, requires that every precaution must be taken to ensure there is no dispersal of Parthenium weed or the seed of any other declared plant within the meaning of the Rural Lands Protection Act 1985, as a result of mining or as a result of access to the area of the mining claim. Note 19 - The Department of Natural Resources provide Pest Fact sheets for declared plants in Queensland as well as clean down procedures for motor vehicles and machinery. For advice on declared plant areas contact the Department of Mines and Energy, Department of Natural Resources or your Local Shire Council.
- Condition 13
The holder of the environmental authority must not carry out activities in a category A or B Environmentally Sensitive Area*. Prior to carrying out activities in a category C environmentally sensitive area, consult with the relevant administering authority and the Environmental Protection Agency. If it is determined through the consultation that additional conditions are necessary, comply with those conditions. Note 20 - For information on Environmentally Sensitive Areas refer to Appendix A. 9
- Condition 14
The holder of the environmental authority must not carry out activities within 100m of a Historical*, Archaeological* or Ethnographic Site*. Note 21 - With regard to cultural heritage issues refer to the Cultural Record (Landscapes Queensland and Queensland Estate) Act 1987 and the Queensland Heritage Act 1992. Prior to carrying out any activities on the mining claim, the holder of the environmental authority should consult with the administrating authority if a site has the potential to be designated as a historical, archaeological or ethnographic site. Other Level 2 Environmentally Relevant Activities
- Condition 15
The holder of the environmental authority must not carry out the following Level 2 Environmentally Relevant Activities* (ERA) on site: - ERA (7) Chemical Storage - storage of chemicals (other than crude oil, natural gas and petroleum products, including ozone depleting substances, gases or dangerous goods under the dangerous goods code in containers with a design storage volume of more than 10m3 but less than 1000m3; - ERA (76) Incinerating Waste - operating a waste incineration facility for incinerating - (a) vegetation; (b) clean paper or cardboard; - ERA (77) Battery Recycling - operation of a facility for receiving and recycling or reprocessing any kind of battery; - ERA (80 Tyre Recycling - operation of a facility for receiving and commercially recycling or reprocessing tyres (other than retreading tyres). 10 2.2 ACTIVITY-BASED CONDITIONS Waste Management
- Condition 16
The holder of the environmental authority must not directly or indirectly release waste from the project area to any watercourse, waterway, groundwater, wetland or lake. Note 22 - When managing waste materials the following strategy should be adopted: - avoid creating excess waste; - reuse waste materials; - recycle waste; - create and utilise energy from waste; - treat waste; and - dispose of waste (e.g. provide rubbish containers) Note 23 - Where practicable take all General Waste* to a Licensed General Waste Disposal Facility*. Note 24 - Up to 50 tonnes of general waste may be buried on the mining tenement per year. When burying general waste the following measures or similar measures should be used: - locate the waste pit so as to ensure that the waste will not contaminate any watercourse, waterway, groundwater, wetland or lake; - divert stormwater runoff from entering the pit; - make the pit safe and protect it from scavengers; - crush drums and other containers to reduce the volume of waste; - backfill the pit when the level of rubbish in the pit is not less than 1m below the surface; and - sufficiently overfill the pit to allow for settlement. Note 25 - Limited Regulated Waste* may be disposed of to a licensed general waste disposal facility provided the annual volume of limited regulated waste does not exceed 10% of the annual volume of general waste (e.g. tyres). 12 Service, Maintenance and Storage Areas
- Condition 17
The holder of the environmental authority must not directly or indirectly release fuels, oils, lubricants or other Contaminants* to any watercourse, waterway, groundwater, wetland or lake. Note 26 - To prevent the direct or indirect release of fuels, lubricants or other contaminants to any watercourse, waterway, groundwater, wetland or lake the following measures or similar measures can be used: - maintain all refueling equipment in good working order; and - use groundsheets or drip trays to capture spillage during maintenance of machinery and vehicles; and - locate all fuel storages within an impermeable bund; and - ensure all liquid containment, including fuel tank bunds and process water ponds, have a volume at least equal to the design volume plus an additional 10% of that volume; and - where practical, undertake all refuelling and routine maintenance of vehicles within designated service areas. Note 27 - With regard to the management of waste water refer to the Environmental Protection (Water) Policy 1997.
- Condition 18
The holder of the environmental authority must ensure that all chemical, fuel and oil storage facilities less than 10 000L on a mining claim, must be designed and operated in accordance with Australian Standard 1940 - `The storage and handling of flammable and combustible liquids', Section 2, Minor Storage.
- Condition 19
The holder of the environmental authority must ensure that: (1) all chemical, fuel and oil storage facilities of more than 10 000 L on a mining claim, must be bunded to contain at least one hundred percent of the volume of the largest container, plus twenty-five percent of the storage capacity of the largest container up to a maximum of 10, 000 L, together with ten percent of the storage capacity beyond 10, 000 L; and (2) the facility must be operated and maintained in accordance with the Australian Standard 1940 - "The Storage and Handling of flammable and combustible liquids". 13 Monitoring, Reporting and Emergency Response Procedures
- Condition 20
The holder of the environmental authority must record and notify the administering authority of any emergency or incident which demonstrates non-compliance with the Standard Environmental Conditions. Note 28 - A notification of any emergency or incident, which demonstrates non-compliance to the standard environmental conditions can not be used in evidence in any further action taken by the administering authority as a result of the notification. Note 29 - To demonstrate ongoing compliance with the standard environmental conditions, complete Form 1, `Monitoring and Record Keeping Summary'. Establish programs to monitor project activities and maintain records for review by the administrating authority. Note 30 - To demonstrate compliance with the standard environmental conditions complete Form 2, `Emergency Response Table'. Provide and maintain appropriate emergency response equipment and inform all operational personnel, contractors and visitors of emergency response procedures. Note 31 - Observe the provisions and regulations under the Fire and Rescue Authority Act 1990 and the Mine Regulation Act 1985. Rehabilitation
- Condition 21
The holder of the environmental authority must backfill excavations less than 3m deep with overburden and waste rock as soon as practical following the completion of mining activities.
- Condition 22
Where it is impractical to return overburden and waste rock to excavations deeper than 3m, the holder of the environmental authority must construct overburden and waste rock stockpiles in accordance with Condition 25. 14
- Condition 23
For excavations that are to remain at the completion of mining activities, by agreement with the land holder, and will be used as livestock water drinking supplies, the holder of the environmental authority must: (1) ensure that water quality in any remaining excavation complies with the acceptable water quality Guidelines For Livestock Drinking Water* as detailed in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality; and (2) provide safe access for livestock and native animals to the excavation. Note 32 - Install and maintain adequate warning signs, fences and rock bunds to exclude people, stock and wild animals from excavations and shafts. Note 33 - Prior to the surrender of a mining claim all excavations that are to remain open after mining activities have ceased, need to be made safe (e.g. an open pit). Refer to the Mines Regulation Act 1985 and the `Technical Guidelines for the Environmental Management of Exploration and Mining in Queensland', Part D, `Open Pit Rehabilitation'. Note 34 - Provide safe access to water for livestock and native animals by: - providing hard surfaces around water storage areas; and - fencing off any soft areas around the edge of water storage areas.
- Condition 24
The holder of the environmental authority must complete the Rehabilitation Processes* on areas disturbed by mining activities, apart from those areas currently being utilised for mining activities, as soon as practical and within six months of the completion of works in those areas. Note 35 - Where practical undertake progressive rehabilitation of disturbed areas.
- Condition 25
The holder of the environmental authority must rehabilitate areas disturbed by mining activities to a stable landform, similar to that of the surrounding undisturbed areas. Note 36 - When rehabilitating disturbed areas refer to the `Technical Guidelines for the Environmental Management of Mining and Exploration in Queensland', Part D, `Geo-Technical Slope Stability'. 15
- Condition 26
The holder of the environmental authority must spread seeds or plant species that will promote vegetation of a similar species and Density of Cover* to that of the surrounding undisturbed areas or vegetation that is appropriate for providing erosion control and stabilisation of the disturbed areas. Note 37 - To revegetate disturbed areas the following measures or similar measures can be used: - for areas which have become compacted during the project, break up the soil surface to a depth that is suitable for establishing vegetation; - spread stockpiled topsoil over disturbed areas to a depth that is suitable as a rooting medium for the revegetation process; - provide suitable nutrient conditions for planting by using fertiliser if necessary; and - collect and store native seeds to be used in rehabilitation. Note 38 - When revegetating disturbed areas, the proponent should plant native species endemic to the area and location in the landscape (e.g. if clearing has occurred in a riverine area, revegetate the disturbed area using local riverine species). Note 39 - Vegetation used to stabilise disturbed areas in the short term should be comprised of sterile, short-lived species (e.g. a cover crop). However, the long-term aim of revegetating any disturbed area is to establish a stable vegetation community that is similar to that of the surrounding undisturbed landscape. Note 40 - The holder of the environmental authority is not liable for rehabilitation of disturbed areas that existed prior to the grant of the tenure unless the holder undertakes activities within the previously disturbed areas during the term of the tenure. Note 41 - Where continuity of tenure makes the holder of the environmental authority liable for disturbances from previous projects, no further work will be necessary if the rehabilitation of disturbed areas is to the satisfaction of the administrating authority. Note 42 - The rehabilitation of some disturbed areas may not be required if the workings have a recognised historic value. Consult with the administrating authority regarding rehabilitation requirements for such sites.
- Condition 27
For any Mine Infrastructure* to remain after all mining activities have ceased, the holder of the environmental authority must obtain the written agreement of the land owner stating they will take over responsibility for that infrastructure.
- Condition 28
For underground mine workings, the holder of the environmental authority must determine the need and design of bat gates by consulting the administering authority. If bat gates are required, install the appropriate structures. Where a bat gate is not required by the administrating authority prevent access to underground workings. 16
- Condition 29
The holder of the environmental authority must complete the rehabilitation of areas disturbed by mining activities to the satisfaction of the administrating authority. Note 43 - Condition 29 does not apply to Prospecting Permits. Note 44 - Condition 29 is a requirement of the Environmental Protection Act 1994. The holder of the environmental authority must submit a Final Rehabilitation Report* (FRR) and an Environmental Audit Statement* (EAS), prior to the cancellation or expiry of the mining claim. The surrender of the environmental authority will not be granted until the administrating authority has approved the FRR and the EAS. 17 3.0 DEFINITIONS Administrating authority - Means - (a) for a matter, the administration and enforcement of which has been devolved to a local government under section 514 of the Environmental Protection Act 1994; or (b) for all other matters - the Chief Executive of the Environmental Protection Agency; or (c) another State Government Department, Authority, Storage Operator, Board or Trust, who's role is to administer provisions under other enacted legislation (e.g. the Department of Natural Resources licence referable dams under the Water Act 2000). Alluvial mining - means excavating, in any way, unconsolidated or waterborne or weathered materials (whether or not it is in a watercourse) and processing it by chemical methods or gravity separation to extract minerals from the material. Annual exceedence probability (AEP) - For a given rainfall event the AEP is the probability that the event will be exceeded within a one year period. The AEP is usually expressed as a one in `n' (years) or a percentage. Approved form - Means a form approved by the administrating authority. Archaeological site - A site that has physical evidence of the past, which has the potential to increase our knowledge of earlier human occupation, activities and events. Banks - The feature which confines major flows within a watercourse. They are steeper than a terrace and are generally of a slope greater than 1:1 on outer bends. Refer to Figure 1 - Cross Section through a Watercourse. Bend of a watercourse - For the purposes of this Code, a bend is considered to be any change in the direction of the flood flow (i.e. within the flood flow channel) in a watercourse that is greater than 30 degrees. Bund - (a) An earth mound or similar structure (e.g. a concrete block wall), whether impervious or not, constructed to contain spilled material (e.g. petrol, diesel, oil etc.), or (b) a structure to prevent or reduce soil erosion. Campsite - The area encompassing any dwelling, amenities (e.g. toilet block, power generator), sewage or general waste disposal facility and includes the office area and vehicle parking areas associated with a temporary or permanent mining camp. Clay pit mining - Means excavating waterborne or weathered material (whether or not it is in a watercourse) and processing it by a non-crushing method. 18 Contaminant - The Environmental Protection Act 1994 defines, under Section 11, a contaminant as: