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5. Progress update Coal mine operators

5.1 Mine Rehabilitation Inquiry report

During the 2015–16 Inquiry, the Board of Inquiry was unable to make a definitive assessment on the viable rehabilitation option for each of the three Latrobe Valley mines due to many areas of uncertainty that were not addressed by relevant agencies and the mine operators. These issues included mine stability, sourcing water, water quality, and fire risk. In the Mine Rehabilitation Inquiry report, the Board of Inquiry made 17 recommendations to be implemented by the state. The two Victorian Government actions that remain ongoing are reported on in Chapter 4. The Board of Inquiry made two recommendations, and one affirmation, for implementation by the Latrobe Valley mine operators. The following is a summary of progress on the recommendation that was assessed as ongoing in the 2019 IGEM Hazelwood report. Refer to Appendix A for a full list of recommendations and affirmations, including those previously reported as complete.

Status of Mine Rehabilitation Inquiry report coal mine operator recommendations and affirmations reported as ongoing in 2019

NO. RECOMMENDATION/AFFIRMATION STATUS

Rec 19 Increase the rate of progressive rehabilitation by achieving milestones within the mines' progressive rehabilitation plans, as set by the Mining Regulator under Recommendation 4. Ongoing

5.2 Mine Rehabilitation Inquiry report: Recommendation 19

Increase the rate of progressive rehabilitation by achieving milestones within the mines' progressive rehabilitation plans, as set by the Mining Regulator under Recommendation 4.

This recommendation is linked to Action 158 in Chapter 4. The Mine Rehabilitation Inquiry report recommended that the three Latrobe Valley coal mine operators increase the rate of progressive rehabilitation by achieving milestones within their progressive rehabilitation plans.22 The Victorian Government Implementation Plan sets out that progressive rehabilitation milestones will be built into work plan variations for the Latrobe Valley coal mines and approved by DJPR as the regulator.

22 The Mine Rehabilitation Inquiry report defines progressive rehabilitation as ‘…the incremental process of mine rehabilitation undertaken during the life of the mine; can only occur on worked out areas of the mine’ p. 216.

The 2019 IGEM Hazelwood report noted that ENGIE ceased mining at Hazelwood in March 2017 and moved to an immediate post-station closure and closure planning period, expected to run to around 2021. Final rehabilitation works are expected to take a further 10 to 15 years. IGEM notes that progressive rehabilitation milestones are no longer relevant to ENGIE. EnergyAustralia and AGL Loy Yang provided IGEM with a progress update on their respective progressive rehabilitation activities across 2019–20, as outlined in the following.

EnergyAustralia

DJPR approved EnergyAustralia Yallourn’s work plan variation in March 2019 – including progressive rehabilitation milestones.

The 2019 IGEM Hazelwood report noted that EnergyAustralia's key progressive rehabilitation targets under its Yallourn Mine Risk Assessment and Management Plan (2019) are: • mine rehabilitation – rehabilitate an area of the mine greater than or equal to the area disturbed during the year • cover exposed coal – progressively reducing the area of exposed coal to 312 hectares by December 2019, 300 hectares by December 2020, and 290 hectares by December 2021. EnergyAustralia advised that progressive rehabilitation activities have continued in line with its target commitments. During the 2019 calendar year EnergyAustralia reported completing 34.1 hectares of rehabilitation against 30 hectares of mine disturbance, and had reduced the area of exposed coal to 305 hectares (312 hectare target). EnergyAustralia also provided estimates of rehabilitation progress for the 2020 calendar year as at August 2020, completing approximately 33 hectares of rehabilitation against 25 hectares of mine disturbance, and the area of exposed coal reduced to 295 hectares – already meeting its December 2020 target of 300 hectares.

AGL Loy Yang

AGL Loy Yang submitted its new work plan application to DJPR in June 2020. DJPR requires the work plan to include progressive rehabilitation milestones to address Recommendation 19 of the Mine Rehabilitation Inquiry Report. Until the work plan is approved, AGL Loy Yang continues to conduct an annual program of rehabilitation with an aim of keeping up with the rate of disturbance from the mine expansion. The 2019 IGEM Hazelwood report outlined that AGL Loy Yang planned to undertake approximately 26 hectares of rehabilitation during 2019–20, and aims to progressively rehabilitate an average of 20 hectares a year until 2025. AGL Loy Yang 's Progressive Rehabilitation Report for the 2019–20 financial year outlines that it rehabilitated approximately 19.28 hectares of land across seven individual sites, including the northern, southern and western batters.

AGL advised that the variation to target is due to two projects being unable to be completed – one as a result of access limitations due to operations, and the other encountering wet conditions. AGL advised that these activities will recommence when conditions are favourable.

IGEM will continue to monitor this recommendation – in conjunction with Action 158 – to assess whether the intent of the recommendation is met.

Finding

IGEM notes progress on this recommendation and will continue to monitor its implementation.

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