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RE: Ltr to Ostojic Group - Compliance Inspection 23 July 2013 file:///C|/DDrive/Sniffer/2013%2009%2025%201344.htm[12/08/2014 1:20:37 PM] From: Apostol Alex [[email protected]] Sent: Wednesday, 25 September 2013 1:44 PM To: Fegan Warwick CC: Butler Hamish; McAuley Rebecca Subject: RE: Ltr to Ostojic Group - Compliance Inspection 23 July 2013 Ostojic requests a meeting on Tuesday, 1 Oct 2013 in the afternoon here in EHP office. Agenda is the TEP for Ostojic - they may request amendment to extend the term of the TEP beyond May 2014. Can I get your availability? Thanks, Alex Alex Apostol Senior Environmental Officer Mining and Heavy Industry, Northern Region Environmental Services and Regulation Department of Environment and Heritage Protection 5b Sheridan Street PO Box 937 Cairns QLD 4870 Telephone: 07 4222 5359 Facsimile: 07 4222 5070 Email: [email protected] Website: www.ehp.qld.gov.au -----Original Message----- From: Fegan Warwick Sent: Wednesday, 18 September 2013 9:00 AM To: Apostol Alex Subject: RE: Ltr to Ostojic Group - Compliance Inspection 23 July 2013 Thanks Alex, Can you please liaise with the client re a meeting as requested in their letter. Warwick -----Original Message----- From: Apostol Alex Sent: Monday, 16 September 2013 12:21 PM To: Fegan Warwick Subject: FW: Ltr to Ostojic Group - Compliance Inspection 23 July 2013 Warwick, FYI. Alex Apostol Senior Environmental Officer Mining and Heavy Industry, Northern Region Environmental Services and Regulation Department of Environment and Heritage Protection 5b Sheridan Street PO Box 937 Cairns QLD 4870 RTI 14-133 - File C Page 1 of 46 RTI DL RELEASE - EHP

Transcript of - EHP RELEASE DL RTI · 5b Sheridan Street PO Box 937 Cairns QLD 4870 Telephone: 07 4222 5359 ......

Page 1: - EHP RELEASE DL RTI · 5b Sheridan Street PO Box 937 Cairns QLD 4870 Telephone: 07 4222 5359 ... DL RELEASE - EHP. RE: Ltr to ... Any form of review, disclosure, ...

RE: Ltr to Ostojic Group - Compliance Inspection 23 July 2013

file:///C|/DDrive/Sniffer/2013%2009%2025%201344.htm[12/08/2014 1:20:37 PM]

From: Apostol Alex [[email protected]]Sent: Wednesday, 25 September 2013 1:44 PMTo: Fegan WarwickCC: Butler Hamish; McAuley RebeccaSubject: RE: Ltr to Ostojic Group - Compliance Inspection 23 July 2013

Ostojic requests a meeting on Tuesday, 1 Oct 2013 in the afternoon here in EHP office.

Agenda is the TEP for Ostojic - they may request amendment to extend the term of the TEP beyond May 2014.

Can I get your availability?

Thanks,Alex

Alex ApostolSenior Environmental OfficerMining and Heavy Industry, Northern RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection5b Sheridan Street PO Box 937Cairns QLD 4870Telephone: 07 4222 5359Facsimile: 07 4222 5070Email: [email protected] Website: www.ehp.qld.gov.au

-----Original Message-----From: Fegan Warwick Sent: Wednesday, 18 September 2013 9:00 AMTo: Apostol AlexSubject: RE: Ltr to Ostojic Group - Compliance Inspection 23 July 2013

Thanks Alex,

Can you please liaise with the client re a meeting as requested in their letter.

Warwick

-----Original Message-----From: Apostol Alex Sent: Monday, 16 September 2013 12:21 PMTo: Fegan WarwickSubject: FW: Ltr to Ostojic Group - Compliance Inspection 23 July 2013

Warwick,

FYI.

Alex ApostolSenior Environmental OfficerMining and Heavy Industry, Northern Region Environmental Services and Regulation Department of Environment and Heritage Protection 5bSheridan Street PO Box 937 Cairns QLD 4870

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file:///C|/DDrive/Sniffer/2013%2009%2025%201344.htm[12/08/2014 1:20:37 PM]

Telephone: 07 4222 5359Facsimile: 07 4222 5070Email: [email protected]: www.ehp.qld.gov.au

-----Original Message-----From: Jennifer Constantinou [mailto:[email protected]]Sent: Friday, 13 September 2013 4:53 PMTo: Apostol AlexCc: [email protected]; [email protected]; [email protected]; [email protected];[email protected]; [email protected]; [email protected]; Brad Wood

Subject: Ltr to Ostojic Group - Compliance Inspection 23 July 2013

Hi Alex,

Please find attached Ostojic's response to DEHP's letter of 26 August 2013 in relation to the compliance inspection undertaken on 23 July 2013.

Regards

Jennifer ConstantinouSenior Planner

GHDT: 61 7 3316 3673 | V: 413673 | M: | F: 61 7 3316 3333 | E: [email protected] Ann Street Brisbane Qld 4000 Australia | GPO Box 668 Brisbane QLD 4001 | www.ghd.com WATER | ENERGY & RESOURCES |ENVIRONMENT | PROPERTY & BUILDINGS | TRANSPORTATION

Please consider our environment before printing this email

-----Original Message-----From: Jennifer ConstantinouSent: Friday, 13 September 2013 2:54 PMTo: 'Apostol Alex'; John Sellwood (InTouch)Cc: [email protected]: RE: Ltr to Ostojic Group - compliance inspection

Hi Alex,

I response will be provided by COB today.

Regards

Jennifer ConstantinouSenior Planner

GHDT: 61 7 3316 3673 | V: 413673 | M: | F: 61 7 3316 3333 | E: [email protected] Ann Street Brisbane Qld 4000 Australia | GPO Box 668 Brisbane QLD 4001 | www.ghd.com WATER | ENERGY & RESOURCES |ENVIRONMENT | PROPERTY & BUILDINGS | TRANSPORTATION

Please consider our environment before printing this email

-----Original Message-----

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file:///C|/DDrive/Sniffer/2013%2009%2025%201344.htm[12/08/2014 1:20:37 PM]

From: Apostol Alex [mailto:[email protected]]Sent: Friday, 13 September 2013 2:52 PMTo: John Sellwood (InTouch)Cc: [email protected]; Jennifer ConstantinouSubject: FW: Ltr to Ostojic Group - compliance inspection

<<Ltr to Ostojic Group - compliance inspection.pdf>> Hi John,

I'd just like to follow up Ostojic's response on the attached EHP letter?

Have a great weekend!

Rgrds,Alex

Alex ApostolSenior Environmental OfficerMining and Heavy Industry, Northern Region Environmental Services and Regulation Department of Environment and Heritage Protection 5bSheridan Street PO Box 937 Cairns QLD 4870

Telephone: 07 4222 5359Facsimile: 07 4222 5070Email: [email protected]: www.ehp.qld.gov.au

-----Original Message-----From: Apostol AlexSent: Monday, 26 August 2013 3:18 PMTo: John Sellwood (InTouch)Cc: [email protected]; [email protected]: FW: Ltr to Ostojic Group - compliance inspection

Hi John,

Please find attached EHP letter resulting from the site inspection conducted by Arun Baskaran and Leslie Moore on 23 July 2013.

Ostojic response by 13 September 2013 will be appreciated.

Thanks,Alex

Alex ApostolSenior Environmental OfficerMining and Heavy Industry, Northern Region Environmental Services and Regulation Department of Environment and Heritage Protection 5bSheridan Street PO Box 937 Cairns QLD 4870

Telephone: 07 4222 5359Facsimile: 07 4222 5070Email: [email protected]: www.ehp.qld.gov.au

-----Original Message-----From: Collins TanyaSent: Monday, 26 August 2013 3:14 PMTo: Apostol Alex

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file:///C|/DDrive/Sniffer/2013%2009%2025%201344.htm[12/08/2014 1:20:37 PM]

Subject: Ltr to Ostojic Group - compliance inspection

Hi Alex,

Please find attached letter to Ostojic Group re compliance inspection.

Thanks,Tanya

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Any form of review, disclosure, modification, distribution and/or publication of this email message is prohibited, unless as a necessary part ofDepartmental business.

If you have received this message in error, you are asked to inform the sender as quickly as possible and delete this message and any copies of thismessage from your computer and/or your computer system network.

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From: Apostol Alex [[email protected]]Sent: Tuesday, 1 October 2013 9:40 AMTo: Butler Hamish; McAuley RebeccaCC: Spena SilvanaSubject: Meeting with Ostojic today, 1:00 PMAttachments: SKMBT_C45213100109220.pdf; TEP MAN14060 Ostojic.pdf

In relation to the meeting with Ostojic this PM, attached are copies of TEP and the most recent letter received fromOstojic/GHD for your reference. Rgrds,Alex Alex ApostolSenior Environmental OfficerMining and Heavy Industry, Northern RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection5b Sheridan Street PO Box 937Cairns QLD 4870Telephone: 07 4222 5359Facsimile: 07 4222 5070Email: [email protected] Website: www.ehp.qld.gov.au

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file:///C|/DDrive/Sniffer/2014%2001%2029%201100.htm[12/08/2014 1:20:38 PM]

From: Apostol Alex [[email protected]]Sent: Wednesday, 29 January 2014 11:00 AMTo: Butler HamishSubject: RE: Ostojic TEPAttachments: 20131012 AR Ostojic TEP MAN14060 Amendment.pdf

Follow Up Flag: Follow upFlag Status: Completed

Hamish, AR Attached. No requirement for PN as per section 344 of the EP Act. Rgrds,Alex

From: Butler Hamish Sent: Wednesday, 29 January 2014 10:47 AMTo: Apostol AlexSubject: RE: Ostojic TEP Thanks, Can I please have the AR as well and was there a requirement for public notification given the timeframe? Cheers. Hamish ButlerTeam LeaderMining and Heavy Industry- North RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection

Phone: (07) 4222 5333 Fax : (07) 4222 5070Email: [email protected]

PO Box 7230Cairns Qld 4870

From: Apostol Alex Sent: Wednesday, 29 January 2014 9:25 AMTo: Butler HamishSubject: RE: Ostojic TEP Hi Hamish, Attached are the Ostojic TEP amendment approval documentation.

From: Butler Hamish Sent: Tuesday, 28 January 2014 10:12 AM

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file:///C|/DDrive/Sniffer/2014%2001%2029%201100.htm[12/08/2014 1:20:38 PM]

To: Apostol AlexSubject: Ostojic TEP Alex, Did we amend the TEP and if so can I please see the latest version. Cheers. Hamish ButlerTeam LeaderMining and Heavy Industry- North RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection

Phone: (07) 4222 5333 Fax : (07) 4222 5070Email: [email protected]

PO Box 7230Cairns Qld 4870

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file:///C|/DDrive/Sniffer/2014%2001%2029%201131.htm[12/08/2014 1:20:38 PM]

From: Butler Hamish [[email protected]]Sent: Wednesday, 29 January 2014 11:31 AMTo: Apostol AlexSubject: RE: Ostojic TEP

Thank you, Has Cloncurry Shire council been notified of the extension of timeframes? Cheers. Hamish ButlerTeam LeaderMining and Heavy Industry- North RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection

Phone: (07) 4222 5333 Fax : (07) 4222 5070Email: [email protected]

PO Box 7230Cairns Qld 4870

From: Apostol Alex Sent: Wednesday, 29 January 2014 11:00 AMTo: Butler HamishSubject: RE: Ostojic TEP Hamish, AR Attached. No requirement for PN as per section 344 of the EP Act. Rgrds,Alex

From: Butler Hamish Sent: Wednesday, 29 January 2014 10:47 AMTo: Apostol AlexSubject: RE: Ostojic TEP Thanks, Can I please have the AR as well and was there a requirement for public notification given the timeframe? Cheers. Hamish ButlerTeam LeaderMining and Heavy Industry- North RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection

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file:///C|/DDrive/Sniffer/2014%2001%2029%201131.htm[12/08/2014 1:20:38 PM]

Phone: (07) 4222 5333 Fax : (07) 4222 5070Email: [email protected]

PO Box 7230Cairns Qld 4870

From: Apostol Alex Sent: Wednesday, 29 January 2014 9:25 AMTo: Butler HamishSubject: RE: Ostojic TEP Hi Hamish, Attached are the Ostojic TEP amendment approval documentation.

From: Butler Hamish Sent: Tuesday, 28 January 2014 10:12 AMTo: Apostol AlexSubject: Ostojic TEP Alex, Did we amend the TEP and if so can I please see the latest version. Cheers. Hamish ButlerTeam LeaderMining and Heavy Industry- North RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection

Phone: (07) 4222 5333 Fax : (07) 4222 5070Email: [email protected]

PO Box 7230Cairns Qld 4870

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file:///C|/DDrive/Sniffer/2014%2001%2031%201108.htm[12/08/2014 1:20:38 PM]

From: Butler Hamish [[email protected]]Sent: Friday, 31 January 2014 11:08 AMTo: Apostol AlexSubject: RE: Ostojic TEP Amendment

Can I have the original TEP as well, the first document the client submitted. Cheers. Hamish ButlerTeam LeaderMining and Heavy Industry- North RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection

Phone: (07) 4222 5333 Fax : (07) 4222 5070Email: [email protected]

PO Box 7230Cairns Qld 4870

From: Apostol Alex Sent: Friday, 31 January 2014 9:41 AMTo: Butler HamishCc: Pettit RobertSubject: RE: Ostojic TEP Amendment Please find attached the requested docs.

From: Butler Hamish Sent: Friday, 31 January 2014 9:18 AMTo: Apostol AlexCc: Pettit RobertSubject: Ostojic TEP Amendment Alex, I would like to review the Ostojic TEP decision as I think it needs to be looked at. Can you please forward me over;

• The signed AR for the original DA that was issued;• The DA/EA;• The signed AR for the original TEP that was issued;• The original TEP.

Cheers. Hamish ButlerTeam LeaderMining and Heavy Industry- North Region

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file:///C|/DDrive/Sniffer/2014%2001%2031%201108.htm[12/08/2014 1:20:38 PM]

Environmental Services and RegulationDepartment of Environment and Heritage Protection

Phone: (07) 4222 5333 Fax : (07) 4222 5070Email: [email protected]

PO Box 7230Cairns Qld 4870

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file:///C|/DDrive/Sniffer/2014%2002%2020%201622.htm[12/08/2014 1:20:39 PM]

From: Apostol Alex [[email protected]]Sent: Thursday, 20 February 2014 4:22 PMTo: Butler HamishCC: Pettit RobertSubject: Ostojic Attachments: 140124 Memo Review of Ostojic TEP Progress & AQMP Reports.doc; AQMP Dust DepositionMonthly Result.docx

Follow Up Flag: Follow upFlag Status: Completed

Hi Hamish, Below is the chronology of event for Ostojic: 14 March 2013 – EHP sent letter to Ostojic identifying non-compliance:

- TEP MAN14060 Requirement 4: dust deposition at sampling sites R1 and R2, exceeded TEP limit of 120 mg/m2/d,Warning was issued for failure to comply with the TEP requirement.

12 April 2013 – Ostojic responded to EHP letter providing justification:

- Dust analysed at R1 is of differing composition to dust collected at the other sampling sites, which implies that dust isgenerated offsite and is not caused by Ostojic operation.

- Contributing factor to the exceedance at R2 is the location of dust deposition logger being located in very closeproximity to the staff parking area resulting to somewhat obscured results

- It should be noted that dust deposition is a long term measurement involving analysis of trends over the 12 monthperiod and therefore conclusion should not be drawn from isolated events.

28 May 2013 – EHP follow up letter to Ostojic identifying the following issues that required action from Ostojic:

- Land Remediation Plan – EHP required that LRP be finalised and implemented on site as soon as possible.- Stormwater Management Plan – EHP supports implementation of the SWMP asap- Noise monitoring result – EHP required Ostojic to develop and implement interim abatement measure.

21 June 2013 – Ostojic responded to EHP letter:

- Land Remediation Plan – informal agreement to disposal of materials to EHM has been provided by Xstrata; waitingformal confirmation.

- SWMP – drawings are being drafted to implement the stormwater management system, which proposes to managerunoff from Ostojic property and limit the volume of water that will flow into Cloncurry stormwater catchment.

- Noise Monitoring – final noise reduction plan will be implemented once the finalisation of the shed design is known. An earthen mound of at least 2m high will be erected at a length of up to 600m along the eastern boundary. Designdrawings will be available once the exact position and length of the noise reducing bund have been determined.

26 August 2013 – EHP sent letter to Ostojic identifying 4 non-compliance with the DA and TEP and issuing of “FormalWarning”:

- DA Condition L2 – improper storage of waste oil/diesel.- TEP Action 1(b) – provision of dust control measures and monitoring devices by 30 Sep 2012 – not complete;- TEP Action 3(b) – obtain necessary approval from the Council – not complete.- TEP Section 3.2.1 – late submission of TEP Progress Report

13 September 2013 – Ostojic responded to EHP Letter:

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- DA Condition L2 – rectified/addressed on site.- TEP Action 1(b) – Ostojic has indicated that dust control measures and monitoring devices will be installed at

necessary openings as part of the proposed shed extension. As an interim, a water truck has been operating 3 to 4xper shift to suppress dust on site.

- TEP Action 3(b) – application will be lodged with the Council when required design drawings have been finalised.- TEP Section 3.2.1 – future progress reports will be submitted in accordance with TEP.

15 January 2014 – Ostojic submitted TEP Progress Report and Yearly AQMP Report (2012/2013). Attached is a memosummarising the review of the reports and the monthly dust deposition rate summary for 2012/13. 29 January 2014 – EHP sent letter to Ostojic identifying the following areas of concerns: - No response yet from Ostojic

- Concentrate spillage- Water management

Rgrds, Alex ApostolSenior Environmental OfficerMining and Heavy Industry, Northern RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection5b Sheridan Street PO Box 7230Cairns QLD 4870Telephone: 07 4222 5359Facsimile: 07 4222 5070Email: [email protected] Website: www.ehp.qld.gov.au

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Enquiries Alex ApostolTelephone 07 4222 5359Your referenceOur reference NOR/086766

10 February 2014

To: File

From: Alex Apostol

Subject: Review of Ostojic TEP as at 5 January 2014Review of AQMP Report (November 2012 ~ October 2013)

Background

On 18 May 2012, Ostojic TEP (MAN14060) was approved by EHP. The TEP applies to Conditions A1 and A5 of Development Approval SPDE01054010 (Now condition B1 and B5 of Environmental Authority EPPR01755413). On 12 March 2013, an amendment to TEP was issued to extend delivery dates for TEP Actions 1(d), 3(b) and 3(c). On 13 December 2013, a 2nd amendment to TEP was issued to extend the milestone dates for TEP Action 3, 3(b), 3(c), 3(d), 3(e) and 3(f).

Ostojic has indicated that the Cloncurry facility has been handling significantly reduced volume of mineral concentrate as a result of stoppage of magnetite hauling from Ernest Henry Mine since September 2013. The only mineral concentrate being handled at the facility is copper concentrate at a reduced volume of 8,000 to 10,000 tonnes per month. Ostojic is however, committed to building a fully enclosed negatively pressurised sheds for copper concentrate and Ostojic will require additional time to secure additional funding for carrying out the capital works.

As contained in the approved TEP, periodic reporting on compliance and performance will be submitted to EHP on a 6-monthly basis. GHD on behalf of Ostojic submitted the progress report ending 31 December 2013 on 13 January 2014.

TEP Action and Status

The Progress Report provides a summary of the status of the TEP actions. Provided below are TEP actions marked as X or “Not Complete”.

Action No.

Action Status of Action

1(b) Provision of dust control measures and monitoring devices at necessary openings of the mineral concentrate storage shed.Delivery date: 30 September 2012

Dust control measures and monitoring devices will be installed at necessary openings of the mineral concentrate storage shed as part of the proposed shed extension.

1(e) Land Remediation Plan covering areas contaminated by mineral concentrates.Delivery date: 31 October 2012

- Land Remediation Action Plan (RAP) prepared and submitted to EHP on 31 October 2012;

- EHP provided comments on 30 November 2012;

- Ostojic currently awaiting written correspondence from Xstrata agreeing to the disposal of contaminated material removed from the site at EHM.

3(b) Obtain necessary approvals for shed extension site works to commence (including, but not limited to Material

Statutory approvals will be obtained for the site works prior to commencing the works for which they are required.

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Change of Use and Operational Works permits).Delivery date: 30 June 2016

3(c) Commission construction company to construct buildings and structures.Delivery date: 31 May 2016

- Capital work will be completed prior to 17 May 2017.

3(d) Carry out capital worksDelivery date: 31 May 2017

3(e) Implement and maintain appropriate practices and procedures on site.Delivery date: 31 May 2017

---

3(f) Update site based Management Plan to incorporate any new capital works and improvements.Delivery date: 30 June 2017

---

As of 24 July 2013 and based on the above table, 2 non-compliances with the approved TEP (MAN14060) actions have been identified. These non-compliances include Actions 1(b) and 1(e):

1(b)- The TEP has indicated dust control measures and monitoring devices at necessary openings of the mineral concentrate storage shed will be in place by 30 September 2012. These control devices however will be installed at necessary openings of the proposed mineral concentrate storage shed. As such, this measure, which is part of Action 1 to achieve compliance with development condition A1 of the DA, will occur during the construction of the shed.

1(e)- The TEP has indicated land remediation plan covering areas contaminated by mineral concentrates will be implemented by 31 October 2012. This action is not completed yet as per Ostojic information, it is still awaiting written correspondence from Xstrata agreeing to the disposal of contaminated material removed from the site at EHM. As an interim measure, regular housekeeping that include regular cleaning program for the continual removal of mineral concentrate spillage and cleaning of the place is in effect.

AQMP Annual Report

The following provides a summary of the key findings for the yearly reporting period of the ongoing Air Quality Monitoring Program undertaken by Ostojic Group Pty Ltd from 25 October 2012 ~ 31 October 2013. Over this period, sufficient data was collected to analyse trends.

a. Dust Deposition

DDGs are located at 8 locations surrounding the Ostojic BHF. Dust deposition was generally below the 120 mg/m2/day criterion averaged over each reporting month, with 87% (82 of 94) of results indicating compliance over the yearly reporting period. Exceedances most commonly occurred at site R1 (Brisbane Street) located approximately 900m east of the Ostojic BHF which experienced five exceedances over the reporting period. Sites R3, R4 and R6 all had two months where an exceedance of the criterion was recorded.

The assessment criterion utilises an annual average and as such 7 of the sites were compliant with the criterion for Total Insoluble Matter. Site R1 is the only site to record a monthly deposition average greater than 4 g/m2/month as prescribed by the New South Wales Office of Environment & Heritage (NSW OEH) Approved Methods.

b. TSP

High volume sampling of TSP was carried at three sampling locations over the previous 12 month period. These locations are R2, R4 and R5.

Sampling over the yearly reporting period 2012/13 at the closest sensitive receiver beyond the3 (24-

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hour average) on days sampled. A few days in December 2012, August 2013 and September2013 were responsible for exceedances over this period.

Sites R2 and R4 both demonstrated regular exceedances. Although these sites are situated on land owned and operated by Ostojic Group, further improvements in dust management are likely required to maintain TSP levels below the TEP limit. These sites achieved an average TSP concentration of 140 m3 and 170 g/m3 respectively.

c. PM10

The PM10 high volume sampler is located at site R2. PM10 measurements recorded were generally within the ambient air quality limit specified in the Transitional Environmental Program (TEP) certificate of approval notice. The TEP requires daily-mean PM10 concentrations to not exceed 50

3 when measured at a sensitive receiver location.

There were 4 exceedances in August 2013 and 2 exceedances each in September and October 2013. This is the peak of the dry season and thus exceedances are more likely to be produced due to drier conditions.

Again, although site R2 is located on land owned and operated by Ostojic Group, further improvements in dust management are required to maintain TSP levels below the TEP limit.

d. Sampling Locations R2 and R4

There is a need to clarify why the Yearly AQMP Report stated that the criterion specified in the TEP does not apply for Sites R2 (Site Office, Alice Street) and R4 (Engineer’s House, Sir Hudson Fysh Drive). To quote:

- Page ii (Executive Summary): “Site R2 is located on land owned and operated by OG and therefore under Part 3, Section 8(5) of the Environmental Protection (Air) Policy 2008 the above air quality objectives do “not apply” to this location.”;

- Page 39: Site R2 (the location of the Hi Volume Sampler) is located within the site boundary and the TEP does not apply here.”

- Page 39: “The criterion does not apply for sites R2 and R4 as they are within the site boundary.”

- Page 39: “Site R5 is the nearest sensitive receiver to the BHF, with sites R2 and R4 on-site and thus not applicable to the same TSP level standards. At sites R2 and R4, recorded TSP

3 criterion.”

Subsection 5 of EPP (Air) 2008 Section 8 (Air quality objectives for indicators) states that “This section does not apply to an air emission that may be experienced within a dwelling or workplace if the air emission is released within the dwelling or workplace.”

A workplace is defined, under the Workplace Health and Safety Act 1995 as “any place where work is, is to be, or is likely to be, performed by a worker, self-employed person or employer.”

Although site R2 (Site Office, Alice Street) is considered Ostojic workplace, this monitoring location is not directly located within the BHF (the dust source). In addition, although R2 is within the OG property, this sampling site is located in close proximity to residential houseseast/southeast of BHF, thus sampling results from this location may be considered as representative results for the area.

It should be noted that Item 4 of the TEP MAN14060 requires that dust emissions from the activity must not cause the ambient air quality limits listed in Table 1 of this approval to be exceeded when measured at a sensitive place in accordance with the receiving environment dust monitoring program.

The TEP defines “sensitive place” to include a dwelling, residential allotment, mobile home or caravan park, residential marina or other residential premises. If site R4 is currently used as a residential premise for Ostojic workers, then this site can be classified as a “sensitive place”. The TEP ambient air quality limits are therefore applicable.

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If the TEP criteria do not apply for sites R2 and R4, air quality monitoring at these locations are of no use and therefore it is recommended that the Hi-Vol Samplers at Sites R2 and R4 berelocated to places where these ambient air quality limits would be applicable.

Recommendation:

Issue a letter to Ostojic requiring them to address the issues identified in the AQMP Report and reminding them of their General Environmental Duty.

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OSTOJIC BULK HANDLING FACILITY AIR QUALITY MONITORING PROGRAM

MONTHLY DUST DEPOSITION RATE 2012-2013 (g/m2/month) Period No. of Days Monitoring Station

R1 R2 R3 R4 R5 R6 R7 R8 1/12/12 – 2/1/13 32 8.5 3.8 2.2 4.4 1.9 4.6 1.7 1.3 2/1/13 – 1/2/13 30 9.7 1.3 1.7 2.9 0.6 4.9 0.4 0.3 1/2/13 – 1/3/13 28 2.8 2.9 3.4 5.4 2.1 2.5 1.7 1.6 1/3/13 – 1/4/13 31 17.1 1.7 1.4 3.4 1.4 1.3 1.1 0.9 1/4/13 – 2/5/13 31 0.3 0.9 0.8 0.5 0.5 0.8 0.4 0.2 2/5/13 – 30/5/13 28 1.4 2.0 10.8 3.4 1.5 1.7 0.7 0.6 30/5/13 – 27/6/13 28 0.8 1.2 8.4 1.6 0.9 0.6 0.5 0.4 27/6/13 – 2/8/13 36 0.7 0.9 1.9 1.6 0.5 0.7 0.6 0.4 2/8/13 – 28/8/13 26 33 3.4 2.2 2.4 1.5 1.6 2.2 1 28/8/13 – 30/9/13 34 1.0 1.7 0.3 1.2 1.0 0.8 0.6 0.3 30/9/13 – 31/10/13 31 3.5 2.9 0.9 2.0 1.4 1.5 1 0.5 31/10/13 – 1/12/13 31 3.3 3.1 4.6 4.9 4.9 4.2 4.0 4.1 Annual Average 7.5 2.4 3.4 2.8 1.4 2.0 1.1 0.8

Note: Red values – exceed TEP limit.

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From: Apostol Alex [[email protected]]Sent: Friday, 21 February 2014 4:54 PMTo: Butler HamishCC: Pettit RobertSubject: Ostojic TEP and EA Timeline

Follow Up Flag: Follow upFlag Status: Completed

Hi Hamish, Below is the timeline for Ostojic DA/EA and TEP: 21 January 2011 – DERM issued Development Approval SPDE01054010 to Ostojic Group Pty Ltd. 28 October 2011 – DERM conducted site inspection of Ostojic Bulk Handling Facility and identified non-compliances with theDA. 29 November 2011 – DERM issued EPO STAT657 7 December 2011 – DERM issued a Notice to Prepare a draft TEP 14 & 23 December 2011 – DERM conducted site inspection to confirm Ostojic compliance with EPO 11 January 2012 – EHP issued a letter to Ostojic closing out the EPO 11 May 2012 – DERM received the final draft TEP from Ostojic Group Pty Ltd 18 May 2012 – DERM issued TEP MAN 14060 15 February 2013 – Ostojic submitted a TEP amendment application 12 March 2013 – EHP issued a Notice of Decision to grant amendment of an approval of a TEP:

• 1(d) installation and operation of truck washing facilities for cleaning trucks leaving the site, from 31 March 2013 to 31May 2013;

• 3(b) Obtain necessary stat approval for site works, from 31 January 2012 to 31 June 2013;• 3(c) Commission construction company to construct buildings and structures, from 31 July 2013 to 31 May 2013.

15 November 2013 – Ostojic submitted a TEP amendment application 5 December 2013 – Ostojic submitted an application for amendment of DA/EA 13 December 2013 – EHP issued a Notice of Decision to grant amendment of an approval of a TEP

• Extension of TEP action 3 to May 2017. 6 February 2014 – EHP issued a Notice of decision made on application to amend an EA.

• Format, number and definitions have changed•

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Dust nuisance, EA condition B3 (formerly A3)• Noise nuisance, EA condition C2 (formerly N2)• Noise Monitoring, EA condition C3 (formerly N3)• Release to waters, EA Conditions D1 and D2 (formerly WA1)

Alex ApostolSenior Environmental OfficerMining and Heavy Industry, Northern RegionEnvironmental Services and RegulationDepartment of Environment and Heritage Protection5b Sheridan Street PO Box 7230Cairns QLD 4870Telephone: 07 4222 5359Facsimile: 07 4222 5070Email: [email protected] Website: www.ehp.qld.gov.au

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