LOCAL ENVIRONMENTAL REGULATIONS

ICPE ORDER

It goes without saying that Vale Inco Nouvelle-Calédonie is committed first and foremost to complying with the spirit and the letter of New Caledonia’s environmental regulations. The principal embodiment of these regulations is the granting of an ICPE order.

An ICPE order (Installation Classée Pour l'Environnement- Classified installation for environmental protection) is an operating permit issued, in this particular case, by the Southern Province of New Caledonia. It lays down all terms and conditions applying to an installation’s design and operation, maximum emissions (air, water), environmental quality objectives and the protective or corrective measures to be put in place to safeguard people, property and the environment.

• « Decision 14 » lays down the rules for obtaining an operating permit in respect of all installations likely to have an impact on the environment, such as refineries, ports, mines or even service stations (classified installations).

• Such permits, signed by the Southern Province, are granted following a public enquiry and a subsequent ruling given by the investigating commissioner.  The application file includes an environmental impact study.

• Regular monitoring is ensured by Classified Installations (IC) inspectors: any breach or irregularity can result in formal notice being issued or even in operations being suspended, if a serious or immediate risk exists. 

• ICPE operating permits can be amended or revoked at any time in the event of a perceived safety, health or environmental risk.

Vale Inco Nouvelle-Calédonie was granted an ICPE order on 15 October 2004 to operate a nickel-cobalt production plant. This permit was valid for a term of two years and would therefore have expired in October 2006.  

In September 2005, a PAC (porté à connaissance – formal notice) was filed describing all changes made to the original design of the plant, specifically to take INERIS recommendations into account.

In April 2006, in the light of the large number of changes that had been made and in response to concerns expressed by the public and also the Southern Province President’s wish to hold a fresh public enquiry, Vale Inco Nouvelle-Calédonie decided to submit a new application for an ICPE permit covering all scheduled operations. 

This new request has been subjected to a new file introducing the project updated and its impacts and has been submitted to a new public enquiry in November 2007. The population could therefore be aware of the new measures proposed by Vale Inco Nouvelle-Calédonie to protect the environment and has had the possibility to express its opinion.
The entire file is available on-line at the following address: http://www.goronickel-icpe.nc

Ratification by the competent authorities

All studies required under the terms set down for obtaining an ICPE permit are submitted to the Southern Province authorities under the aegis of the Department of Natural Resources (Direction des Ressources Naturelles - DRN).

• The technical file submitted in respect of the classified installation is examined by the New Caledonia Mines and Energy Inspectorate (Direction des Mines et de l’Energie de Nouvelle-Calédonie - DIMENC).

• The competent French, New Caledonian and Southern Province technical departments are consulted in the matter.

• A third party is sometimes asked to give an opinion.

Independent expert’s reports

INERIS was asked to provide an initial independent report in July 2002 and a further report was requested in December 2003. This independent review was commissioned by the authorities and carried out at Vale Inco Nouvelle-Calédonie’s expense. The 38 recommendations arising out of this study have all been incorporated into the Vale Inco Nouvelle-Calédonie project. 

A supplementary expert’s study was arranged by the Southern Province, at its own expense, to address the concerns of a group of project opponents. This second expert review, focussing on the treatment and discharge of marine effluent resulting from plant operations, was carried out by CEREGE and headed by a group of French and Canadian researchers. Their findings will be made known in December 2006.

The precautionary principle and environmental monitoring

All classified installations holding an ICPE permit must adhere to the precautionary principle and comply with an environmental monitoring procedure:

• Predictive assessment of potential environmental impacts

• Risk anticipation during normal operation and in the event of an accident

• Adoption of provisional and proportionate measures to prevent the occurrence of damage

• Efficiency checks on measures implemented

Where the Vale Inco Nouvelle-Calédonie plant is concerned, environmental controls and reports will focus on:

• regular ongoing analysis of solid, liquid and gaseous waste discharges

• compliance of treatment plants, discharge methods and equipment, etc.

• regular environmental monitoring of air quality, fresh water quality (subsurface and surface water), wildlife and plant life and the marine environment.

• results of research programs headed by competent institutions 

Environmental monitoring committee

An information, consultation and monitoring Committee on the environmental impacts of the Vale Inco Nouvelle-Calédonie plant has been set up by the Southern Province. Generally known as the environmental monitoring committee, its aim is to ensure the validity of studies undertaken, the implementation of required measures, and compliance with applicable regulations.

Vale Inco Nouvelle-Calédonie is committed, in accordance with the precautionary principle, to implementing corrective measures if a significant impact should be anticipated or observed. 

All information is made available to the public through regular reports forwarded at intervals to the authorities concerned and discussed at meetings held by the Committee.

An integrated QHSSE policy

Vale Inco Nouvelle-Calédonie and its project manager GCT have adopted an integrated policy covering not only environmental aspects but also quality, health, safety and security issues.

In view of the interdependence of all these issues in the concrete implementation of a project, it appeared essential to incorporate them all into a single unified policy in order to achieve maximum coherence and efficiency. The Quality, Health, Security, Safety and Environment Policy (QHSSE) is designed to ensure overall management of these issues and to address the concerns of all Vale Inco Nouvelle-Calédonie project stakeholders: customers, shareholders, staff and economic, institutional and social partners.    

The policy ensures that accident prevention and environmental protection objectives together with targets for facilities, process and product quality and also staff health and safety, are all written into the project from the design and engineering stage onwards, covering construction, start-up and the entire operating life of the project. The system will comply with ISO specifications for certification. 

Minimising negative impacts – maximising positive impacts

No industrial processing and transformation complex, irrespective of the process employed or industrial sector concerned, can operate without causing some degree of environmental impact. The three elements that comprise our environment, water, air and earth, may therefore be affected to varying degrees by activities linked to the mining of the Goro plateau and the processing of mineral ore at the plant.

Vale Inco Nouvelle-Calédonie is committed to:

• minimising, from the design stage onwards, impacts on the natural and physical environment surrounding its project 
• carrying out a rigorous monitoring program and promptly redressing any deterioration which could lead to an undesirable anticipated or observed impact
• contributing to environmental conservation through compensatory measures in respect of previous deterioration caused by others in the project area
• maximising positive impacts through measures aimed at enhancing the socio-cultural life of neighbouring communities 

An integrated EHSSQ policy

Vale Inco Nouvelle-Calédonie and has adopted an integrated policy covering not only environmental aspects but also quality, health, safety and security issues.

In view of the interdependence of all these issues in the concrete implementation of a project, it appeared essential to incorporate them all into a single unified policy in order to achieve maximum coherence and efficiency. The Environment, Health, Security, Safety and Quality Policy (EHSSQ) is designed to ensure overall management of these issues and to address the concerns of all Vale Inco Nouvelle-Calédonie project stakeholders: customers, shareholders, staff and economic, institutional and social partners.

The policy ensures that accident prevention and environmental protection objectives together with targets for facilities, process and product quality and also staff health and safety, are all written into the project from the design and engineering stage onwards, covering construction, start-up and the entire operating life of the project. The system will comply with ISO specifications for certification.