Reclamation and Closure

According to the Environmental Protection and Enhancement Act proponents have a duty to reclaim and conserve land once an industrial project is complete.

The duty to reclaim is detailed under the Conservation and Reclamation Regulation (AR 115/93).

Duty to reclaim

137 (1) An operator must

(a) conserve specified land;

(b) reclaim specified land, and

(c) unless exempted by the regulations, obtain a reclamation certificate in respect of the conservation and reclamation.

(2) Where this Act requires that specified land must be conserved and reclaimed, the conservation and reclamation must be carried out in accordance with

(a) the terms and conditions in any applicable approval or code of practice,

(b) the terms and conditions of any environmental protection order regarding conservation and reclamation that is issued under this Part,

(c) the directions of an inspector or the Director, and

(d) this Act (Queen’s Printer, 2007a).

(Queen's Printer Copyright Permission appears at right.)

Inspectors are appointed to monitor the reclamation and conservation under this regulation. If the inspector is satisfied with the reclamation and conservation of the land then a reclamation certificate is issued. The certificate my have conditions and terms and may be amended or terminated at any time. If at any time the work needs to be suspended, or suspended work continued in order to conserve or reclaim land then an environmental protection order can be issued. Furthermore, if additional reclamation and conservation work is needed after the certificate of reclamation has been issued then an environmental protection order can be issued.

Where there is an obligation to reclaim land under the EPEA a bond or security must be payed for reclamation before an approval is issued. The money can be used by the government to reclaim the land if the project fails to reclaim the land satisfactorily.