Taken from a source who face what could be described as a similar predicament. Don't know how it worked out for them but.
Section 269(4)(i) – Do the operations to be carried on under the authority of the mining lease conform with sound land use management? [12] The land is classed as sterile land being a resources Reserve under the control of the Environmental Protection Agency. Mining is an appropriate alternate land use in this area, given the history of the area. Removal of the old tailings will allow the site to be rehabilitated.