If you are excavating in the Goldfields region, it is likely that you will come across mining waste. This might be when you are:

• landscaping
• excavating for residential construction, renovation or demolition
• digging trenches for utility services.

Limiting exposure to contaminants for people working on the land

All Victorians must comply with the general environmental duty (GED) to minimise the risk of harm to human health and the environment. This includes people involved in building, civil construction or landscaping working in the Goldfields region, who have contact with mining wastes.

If you are in management or control of the land you may also have responsibilities under the contaminated land duties. You are in management or control of land if you own or lease the land, or have a contract giving rise to management or control.

Be aware, and make others aware of the potential to encounter mining waste.

Assess the risks of encountering mining wastes on the land where you are working.

• Prior to the work starting, inspect the surface of the land to identify areas where there may have been mining activity in the past.
• Ask the person in management or control of the site for information about the potential for mining waste to be present.
• Review historical information about the site.
• If you suspect that mining waste is present, ask the person in management or control of the site to test for mining wastes.
• If there is mining waste on the site, ask the person in management or control of the site  for a management plan to minimise the risk of harm to human health or the environment.
• Avoid disturbing the land if mining wastes are present.
• Contact EPA for advice.

Proceed with caution even if there is no evidence of mining waste on the site. Mining waste is not always visible, and historical information may not be accurate.

What to do it you encounter alluvium or mullock during works

If you encounter alluvium or waste rock, also known as mullock, during works, you should consider the following steps:

1. Notify the person who has management or control of the land of what has been found as this may indicate the presence of mining waste and contaminated land.
2. Be aware that further earthworks may uncover contaminated mining waste. If it is identified, follow the steps outlined for calcined sands.

What to do if you encounter mining sands or calcined sands during works

If you encounter mining sands or calcined sands as a contractor, consider the following steps:

1. Stop works and assess the risks, especially if you encounter calcined sands.
2. Follow your workplace health and safety protocols for decontamination, to protect you or your workers' health. Contact WorkSafe for health and safety advice.
3. Isolate the area with temporary fencing and record the area with GPS coordinates if possible.
4. Cover the exposed area and any stockpiled mining sands to keep them from moving offsite.
5. Notify the person who has management or control of the land. This could be the project manager for the site or the resident.
6. Provide and maintain measures to minimise the risk of harm to human health or the environment from the mining sands or calcined sands so far as is reasonably practicable.

What to do if you are in management or control of land in the Goldfields 

People who manage or control land include property owners, lessees, and committees of management. The extent of powers or control that a person can exercise over the land and any decision-making authority the person has in respect of the land determines whether they are in management or control, and the extent of that responsibility.

Steps for people in management or control of land before excavation

If you are in management or control of land, and you're aware that there is mining waste on the land, inform contractors who are excavating the site of the contamination. Inform them about the controls that are in place to minimise the risks to human health and the environment. Monitor whether the controls are being maintained.

If land is within the Goldfields area, it is reasonable to believe that historical mining activities may have contaminated the land. You should assess whether mining waste is present, and where is it identified, implement risk management measures.

Contaminated land policy (publication 1915) sets out EPA’s expectations on when it is reasonable for a person in management or control of land to assume the presence of contamination, and what level of response may be required.

Information about identifying who is in management or control of land, and the steps to follow for assessing and controlling contaminated land risks is available in Assessing and controlling contaminated land risks: A guide to meeting the duty to manage for those in management or control of land (publication 1977) and Potentially contaminated land: A guide for business (publication 2010).

Resources for identifying likely presence of mining waste

Resources that may have information about whether the land is likely to be impacted by mining waste include:

• Victoria Unearthed
• GeoVic
• Victorian Heritage Database
• site history records
• EPA Public Registers
• previous site inspections and reports
• interviews with site representatives, such as site managers, owners, former employees or neighbours
• visual check of the land and nearby excavation activity.

Further resources can be found in:

• Table 1: ‘Basic information sources for identifying potentially contaminated land’ in Planning Practice Note 30 – Potentially Contaminated Land (DELWP, 2021) (PPN30)
• the National Environment Protection (Assessment of Site Contamination) Measure 1999 Schedule B2, Section 3.3
• Australian Standard AS 4482.1-2005, Section 3.2.2

Traditional Owner interests

The Traditional Owners of the Goldfields region have expressed their concern about the impacts of mining waste to Country. They encourage opportunities for the restoration that supports the reintroduction of traditional ways. The Dja Dja Warrung call this the healing of Upside Down Country. Read more about the action they want prioritised in their Country Plan.

People in management or control of land who are planning excavation works can work with Traditional Owners to help them meet their aspirations for healing Country. This is consistent with the commitments and recognition of Traditional Owners by the State of Victoria. Traditional Owners are recognised as Registered Aboriginal Parties under the Aboriginal Heritage Act 2006 and/or they may be party to Recognition and Settlement Agreements under the Traditional Owner Settlement Act 2010.  You should engage Traditional Owners as partners at every opportunity on matters of interest, particularly in relation to Crown land and land that is subject to a Recognition and Settlement Agreement. 

The Traditional Owners of the Goldfields regional are:

• Barengi Gadjin Land Council Aboriginal Corporation
• Dja Dja Wurrung Clans Aboriginal Corporation
• Wadawurrung Traditional Owners Aboriginal Corporation
• Taungurung Land and Waters Council.

To identify the Traditional Owners of a site, and whether it is in an area of cultural sensitivity refer to Aboriginal Cultural Heritage Information System.

Known mining activity on the land or nearby

If you have management or control of a site known to have had mining activities on the land or adjacent to the land, you should  engage a suitably qualified person, such as an environmental consultant. They can assess whether the land is impacted by contamination from mining waste, which may require soil analysis. 

Managing mining waste impacts during excavation

If you are in management or control of land where contamination from mining waste is present, you should prepare a suitable management plan for minimising the risks to human health and environment during the excavation works.

You can engage a suitably qualified person, such as an environmental consultant to investigate and assess the contamination and prepare a site management plan that sets out controls to manage the risks of harm to human health and the environment.

As the person in management or control of the land, the next steps are:

1. Implement controls to minimise the risk of harm to human health or the environment from the mining waste so far as reasonably practicable. Examples of controls may be dust suppression, stormwater management to contain runoff, or removing the contaminated material to a lawful place.
2. Maintain the control measures to minimise the risk of harm to human health or the environment from the mining sands or calcined sands so far as reasonably practicable.
3. Notify EPA where required, refer to Notifiable contamination guideline: Duty to notify of contaminated land (publication 2008)
4. Provide information to others who the contamination may affect such as people working on the land, where sharing information will help minimise the risk of harm to human health or the environment.

Where excavation is associated with a planning proposal, Planning Practice Note 30 - Potentially Contaminated Land outlines the recommended approach to assessing potentially contaminated land including how to investigate.

Resources for planning developments in the Goldfields region

Where a proposed land use or development triggers requirements under the Planning & Environment Act 1987  (P&E Act)or relevant planning scheme, get advice from the relevant planning or responsible authority within your region.

Ministerial Direction No. 1

This may apply because of the presence of mining wastes from historical mining activities that may classify the land as 'potentially contaminated'.

Planning Practice Note 30 - Potentially Contaminated Land (PPN30)

This provides general advice on how to identify potentially contaminated land for the purposes of the P&E Act and the appropriate level of assessment of contamination in different circumstances. PPN30 establishes that strategies or programs may apply for regional historical goldmining activities.

Expert advice from a suitably qualified professional can assist you to identify whether a proposed development site has historic mine tailings present and allow you to plan ahead to avoid costly delays to a development project