IR-T04 Decision Report Template€¦ · Works Approval: iW6361/2020/1 (FINAL) IR-T04 Decision...

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Works Approval: iW6361/2020/1 (FINAL) IR-T04 Decision Report Template v2.0 (July 2017) i Application for Works Approval Division 3, Part V Environmental Protection Act 1986 Works Approval Number W6361/2020/1 Applicant Strandline Resources Limited ACN 090 603 642 File Number DER2020/000089 Premises Coburn Mineral Sands Project Mine Access Road Miscellaneous Licence L09/21 Coburn WA 6532 Date of Report 15 May 2020 Status of Report Final Decision Report

Transcript of IR-T04 Decision Report Template€¦ · Works Approval: iW6361/2020/1 (FINAL) IR-T04 Decision...

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Works Approval: iW6361/2020/1 (FINAL)

IR-T04 Decision Report Template v2.0 (July 2017) i

Application for Works Approval

Division 3, Part V Environmental Protection Act 1986

Works Approval Number W6361/2020/1

Applicant

Strandline Resources Limited

ACN 090 603 642

File Number DER2020/000089

Premises Coburn Mineral Sands Project Mine Access Road

Miscellaneous Licence L09/21

Coburn WA 6532

Date of Report 15 May 2020

Status of Report Final

Decision Report

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Table of Contents

Definitions ........................................................................................................... 3

Purpose and scope of assessment ................................................................... 4

2.1 Application .............................................................................................................. 4

2.2 Scope of assessment ............................................................................................. 5

Proposed activity ................................................................................................ 5

Location ............................................................................................................... 7

Legislative context.............................................................................................. 8

5.1 Relevant approvals ................................................................................................. 8

5.2 Part IV of the EP Act - Ministerial Statement 723 .................................................... 8

5.3 Part V of the EP Act ............................................................................................... 9

Applicable regulations, standards and guidelines ............................................ 9

Clearing ........................................................................................................... 9

Consultation ........................................................................................................ 9

Risk Events ......................................................................................................... 9

7.1 Emissions ............................................................................................................... 9

7.2 Sensitive land uses .............................................................................................. 10

7.3 Environmental receptors ....................................................................................... 10

7.4 Surface water ....................................................................................................... 14

7.5 Groundwater ........................................................................................................ 14

Risk assessment ............................................................................................... 14

8.1 Assessment of risk events .................................................................................... 14

8.2 Consequence and likelihood of risk events ........................................................... 18

8.3 Acceptability and treatment of Risk Event ............................................................. 19

Applicant’s comments ...................................................................................... 19

Determination of works approval .................................................................... 19

Conclusion ........................................................................................................ 19

Appendix 1: Key documents .................................................................................... 20

Appendix 2: Summary of applicant’s comments on risk assessment and draft conditions .................................................................................................................. 21

Attachment 1: Works Approval W6361/2020/ .......................................................... 22

Table 1: Definitions .................................................................................................................. 3

Table 2: Prescribed Premises Categories ................................................................................ 4

Table 3: Category 12: infrastructure ......................................................................................... 5

Table 4: Relevant approvals .................................................................................................. 8

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Table 5: Sensitive land uses .................................................................................................. 10

Table 6: Biological receptors .................................................................................................. 10

Table 7: Surface water Features ............................................................................................ 14

Table 8: Groundwater ............................................................................................................ 14

Table 9: Assessment of risk events during construction ......................................................... 16

Table 10: Assessment of risk events during operation (including a time limited operation phase) .................................................................................................................................... 16

Table 11: Risk rating matrix.................................................................................................... 18

Table 12: Risk criteria table .................................................................................................... 18

Table 13: Risk treatment table ............................................................................................... 19

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Definitions

In this Decision Report, the terms in Table 1 have the meanings defined.

Table 1: Definitions

Term Definition

ACN Australian Company Number

Category/ Categories/ Cat.

Categories of Prescribed Premises as set out in Schedule 1 of the EP Regulations

Decision Report refers to this document.

Delegated Officer an officer under section 20 of the EP Act.

Department means the department established under section 35 of the Public Sector Management Act 1994 and designated as responsible for the administration of Part V, Division 3 of the EP Act.

DWER Department of Water and Environmental Regulation

As of 1 July 2017, the Department of Environment Regulation (DER), the Office of the Environmental Protection Authority (OEPA) and the Department of Water (DoW) amalgamated to form the Department of Water and Environmental Regulation (DWER). DWER was established under section 35 of the Public Sector Management Act 1994 and is responsible for the administration of the Environmental Protection Act 1986 along with other legislation.

EPA Environmental Protection Authority

EP Act Environmental Protection Act 1986 (WA)

EP Regulations Environmental Protection Regulations 1987 (WA)

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)

Works Approval Holder

Strandline Resources Limited

Minister the Minister responsible for the EP Act and associated regulations

MS Ministerial Statement

Occupier has the same meaning given to that term under the EP Act.

Prescribed Premises has the same meaning given to that term under the EP Act.

Premises refers to the premises to which this Decision Report applies, as specified at the front of this Decision Report

Risk Event As described in Guidance Statement: Risk Assessment

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Purpose and scope of assessment

2.1 Application

Strandline Resources Limited (Strandline) (Applicant) submitted an application on 14 February 2020 to the Department of Water and Environmental Regulation (DWER) for a works approval under the Environmental Protection Act 1986 (EP Act).

The application is for a mobile crushing and screening plant for processing of extracted material at borrow pit locations along an access road located within Miscellaneous Licence L09/21. Table 2 lists the prescribed premises categories that have been applied for.

Table 2: Prescribed Premises Categories

The premises boundary is defined by Miscellaneous Licence L09/21, which is held by Strandline Resources Limited. The location of the premises is shown in Figure 1 below.

Figure 1: Premises boundary location

Classification of Premises

Short Description Production or design capacity

Assessed premises design capacity and throughput

Category 12 Screening etc. of material extracted from the ground

More than 50,000 tonnes per year

Maximum design capacity is 405,000 tonnes per year.

The nominated throughput is 303,300 tonnes per year.

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2.2 Scope of assessment

This Decision Report assesses emissions and discharges associated with the construction of the works and time limited operation of activities directly associated with Category 12 screening etc of material.

Mining and road construction do not cause the premises to become prescribed premises, and are not within the scope of this assessment.

This assessment has resulted in DWER issuing Works Approval W6361/2020/1 which is contained in Attachment 1.

Proposed activity

A 44 kilometre (km) mine access road will be constructed from the North West Coastal Highway to the Coburn Mineral Sand Project. The eastern half of the access road will be close to or overlying the existing Coburn Road that services the Coburn homestead. West of the homestead, the new road will deviate to the south of an existing fence line track.

Calcrete borrow pits and clay/sand borrow pits will be located along the access road. Borrow pits will range in depth between 2 m and 4 m and will be developed by a bulldozer, with calcrete pushed into mounds outside of the borrow pits. The location of the borrow pits along the access road is shown in Figure 2.

The mobile crushing and screening processing unit will be located within containment areas as close as practical to the borrow pits.

Stormwater from containment areas (potentially containing sediment and hydrocarbons from the crushing operations) will be contained and directed by contours and earthen bunding to a sump within each borrow pit.

The processing unit will be loaded by a front end loader for processing of material to rock of 300 mm, then to sizes to less than 100 mm.

The crushed material will be stockpiled temporarily before being trucked to the required locations along the access road.

A water truck will be available for dust suppression, and the processing plant fitted with water sprays.

Refueling will be by mobile truck.

The infrastructure and equipment directly related to the crushing activities are outlined in table 3 below.

Table 3: Category 12: infrastructure

Infrastructure and equipment Location - Site Plan Reference

Prescribed Activity Category 12

Crushing and screening of material excavated from the ground.

1 x Mobile crushing and screening plant - Striker HQR1121(capacity 350 tonnes per hour) or similar.

Figure 2 – Translocated within a containment area as close as practical beside each borrow pit.

Sumps Figure 2 – A sump located within each borrow pit.

1 x water truck N/A

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Infrastructure and equipment Location - Site Plan Reference

1 x D10r dozer or similar

1 x CAT 336 excavator or similar

1 x CAT 982 front end loader or similar

Figure 2: Location of borrow pits

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Location

The 44 km access road is part of the Coburn Mineral Sand Project, located 84 kilometres (km) south-east of Denham in the Shire of Shark Bay. Figure 3 below shows the access road in a regional context, and its relationship to the Coburn Mineral Sand Project (labelled as Project Area) and the Shark Bay World heritage Area.

Figure 3: Regional setting

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Legislative context

5.1 Relevant approvals

Table 4 summarises approvals relevant to the assessment.

Table 4: Relevant approvals

Legislation Approval

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

EPBC 2003/1221 approval 20 July 2006.

Rights in Water and Irrigation Act 1914

GWL 159157(5) for renewal

CAW 203575(1)

Part IV of the EP Act (WA) Statement Number 723

Signed by the Minister of Environment 22 May 2006

Mining Act 1978 Miscellaneous Licence 09/21 - conditions.

Reg Id 66095: Mine Closure Plan – Coburn Zircon Project – version 2 approved 07/07/2017.

5.2 Part IV of the EP Act - Ministerial Statement 723

Ministerial Statement (MS) 723 is the Coburn Mineral Sand Project, 84 km Southeast of Denham, Shire of Shark Bay.

The proposal area of MS723 is defined as all areas where disturbance will occur through the mining of Pits 1 – 9, placement of infrastructure, borrow pits, haul roads, access road and other facilities.

MS 723 conditions relevant to the haul road and works approval application are:

Conditions 8-5 – 8-9 requires preparation of a Declared Rare Flora Management Plan prior to groundbreaking activities, and then implementation.

Conditions 8-9 to 8-10 require no disturbance to vegetation communities S5 and S10 identified within Figure 3 of Schedule 1 and an undisturbed buffer of at least 50 metres (m) in width around the vegetation communities.

Conditions 9-1 to 9-9 require submission of a Fauna Management Plan prior to groundbreaking activities, and implementation.

Conditions 10-1 to 10-14 require submission of a Progressive Rehabilitation Programme (including a Soil Management Plan, a Revegetation Management Plan and a Weed Management Plan) prior to groundbreaking activities, and implementation.

Condition 10-9 requires that “the proponent shall position pits (for extraction of calcrete to be used for the construction of roads) to avoid areas of high biodiversity value, and shall initiate rehabilitation of each pit within four weeks following cessation of its use”.

Condition 12-1 to 12-5 requires preparation of a Dust Management Plan prior to groundbreaking activities, and implementation.

A change to the proposal’s mining method and location of the mine infrastructure was approved on 16 March 2007 and included relocation of the Access Road and Borrow Pits.

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The works approval application was referred to EPA Services who provided comment that “based on the most up to date mine layout maps provided by the proponent, it appears that the proposed works, including the locations of the borrow pits, are generally consistent with the proposal as authorised by MS 723”.

5.3 Part V of the EP Act

Applicable regulations, standards and guidelines

The overarching legislative framework of this assessment is the EP Act and EP Regulations.

The guidance statements which inform this assessment are:

Guidance Statement: Setting Conditions (October 2015)

Guidance Statement: Environmental Siting (November 2016)

Guidance Statement: Risk Assessment (February 2017)

Guidance Statement: Decision Making (June 2019)

Guideline: Industry Regulation Guide to Licensing (June 2019)

Clearing

MS 723 applies for clearing approval.

Consultation

The Application was advertised for 21 days for public consultation. No submissions were received. The application was referred to the Shire of Shark Bay with invitation for comment. No comments were received. The application was referred to the Department of Mines, Industry Regulation and Safety with invitations for comment. No comments were received. The works approval application was referred to DWER’s EPA Services who provided comment that “based on the most up to date mine layout maps provided by the proponent, it appears that the proposed works, including the locations of the borrow pits, are generally consistent with the proposal as authorised by MS 723”.

Risk Events

To establish a Risk Event there must be an emission, a receptor which may be exposed to that emission through an identified actual or likely pathway, and a potential adverse effect to the receptor from exposure to that emission. Where there is no actual or likely pathway and/or no receptor, the emission will be screened out and will not be considered as a Risk Event.

7.1 Emissions

Key emissions for a Category 12 crushing and screening operation are:

Dust;

Noise; and

Contaminated Stormwater (sediment and hydrocarbons).

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7.2 Sensitive land uses

The distances to residential and sensitive land uses are detailed in Table 5, with screening for risk event.

Table 5: Sensitive land uses

Sensitive Land Uses

Distance from the prescribed activity

Screening for Risk Event

Coburn Homestead

In close vicinity to the access road.

Strandline purchased the Coburn Pastoral Lease in 2005 (information from the Application). Therefore the homestead is not considered a sensitive land use for this assessment (Guidance Statement: Risk Events).

Billabong Roadhouse

15 km Screened out. Distance is sufficient to inform the risk of emissions as not foreseeable.

The Environmental Protection (Noise) Regulations 1997 are applicable.

The general provisions of the EP Act apply.

Hamelin Station and Overlander Road

30 km

7.3 Environmental receptors

The distances to relevant specified sensitive environmental receptors are shown in Table 6, with screening for risk event.

Table 6: Biological receptors

Environmental receptors Distance from the prescribed activity

Screening for Risk Event

Shark Bay World Heritage Area (SBWHA) Closest boundary is 15 km west.

Screened out. Distance is sufficient to inform the risk of emissions as not foreseeable.

Under MS 723 Environmental Management Plans are required to mitigate adverse impacts to the Heritage area.

Threatened Ecological Communities and Priority Ecological Communities

None identified within a radius of 15 km.

Screened out.

Declared Rare Flora – Two populations of Eucalyptus beardiana, - pursuant to subsection (2) of section 23F of the Wildlife Conservation Act (1950) and as Endangered pursuant to Schedule 1 of the EPBC Act.

Located 5km to the west of sand pit E and 10 km west of calcrete pit 7.

Screened out. Distance is sufficient to inform the risk of emissions as not foreseeable.

Under MS723 a Management Plan is required to mitigate adverse impacts to Declared Rare Flora that includes measures to protect the Eucalyptus beardiana and its habitat.

Four Priority flora species have been identified within the mine access road

Within the Mine Access Road corridor.

Potential receptor for risk

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corridor - Acacia drepanophylla (P3), Grevillea stenostachya (P3), Physopsis chrysophylla (P3) and Scholtzia (P2)

See Figure 4 for locations within the vicinity of the borrow pits.

assessment (Section 9).

Hamelin Skink (Ctenotus zastictus) is listed as Vulnerable under the Threatened Fauna section of the Wildlife Conservation Act (1950) and the EPBC Act 1999

. Closest site is reported in the Application as being 1.4 km west of Calcrete pit 7 and 3.5 km to the east of Sand pit E (Figure 5).

The Hamelin Skink is commonly associated with E5 vegetation community.

Potential receptor for risk assessment (Section 9).

Malleefowl (Leipoa ocellate). This species is listed as Vulnerable under the EPBC Act 1999 and the Biodiversity and Conservation Act 2016 (BC Act)

The habitat of the Malleefowl is widespread across the project area and is likely to occur within L09/21 because suitable habitat is present.

Potential receptor for risk assessment (Section 9).

.

Ground and soils Machinery will be operating on bare earth.

Potential receptor for risk assessment (Section 9).

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Figure 3: Location of Priority flora

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Figure 4: Location of threatened fauna

Hamelin Skink has been identified as located on the map below. Malleefowl may be potentially distributed across the area.

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7.4 Surface water

Table 7: Surface water Features

Surface water features Distance from the prescribed activity

Screening for Risk Event

Major watercourses/waterbodies There are no defined watercourses, permanent fresh water bodies, or birridas (seasonally inundated, saline lakes) within the area that will be required for the access road, borrow pits or village.

Most rainfall typically ponds in depression areas and evaporates quickly or infiltrates.

Screened out.

The Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA) are applicable.

Minor non perennial water courses

7.5 Groundwater

The premises is located in the southwest extremity of the Carnarvon Basin. The Carnarvon Basin is one of the major sedimentary basins of WA and extends from near Cape Range in the Exmouth area, south to the Murchison River and inland to the Kennedy Range (Application).

Table 8: Groundwater

Groundwater Distance from the prescribed activity

Screening for risk assessment

Groundwater in the superficial environment is saline, slightly acidic with pH 6.2 to 6.7 and of the sodium-chloride type.

The water is suitable for sheep but not cattle with ranges between 8,000 to 11,000 mg/L TDS.

The region is characterised by low rainfall, high evaporative conditions, and high infiltration capacity dunal soils (Application).

The average water depth is 40m across the larger mineral sand mining project area as determined by drilling and ground water modelling (information from the Application)

Screened out.

Depth to groundwater is sufficient to inform the risk of contamination from emissions as not foreseeable for the scale of this project and the Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA) are applicable.

Risk assessment

8.1 Assessment of risk events

Emissions during construction and operation have been assessed separately by Tables 9 and 10 for risk events. Risk ratings have been assessed for each key emission source and take into account potential source-pathway-receptor linkages.

The mitigation measures / controls proposed by the Applicant have been considered in determining the risk rating and regulatory controls, (Guidance Statement: Risk Assessments,

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February 2017).

Consequence ratings, likelihood ratings and risk descriptions are detailed in the Department’s Guidance Statement: Risk Assessments (February 2017) and Sections 8.2 and 8.3 of this Decision Report. Risk assessment.

The works approval that accompanies this report authorises construction and operations under a time limited operations phase only. A licence with is required for ongoing operation of the premises.

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Table 9: Assessment of risk events during construction

Risk event

Source/Activities Potential emissions

Potential receptors, pathway and impact

Applicant controls

Consequence rating

Likelihood rating

Risk Reasoning Regulatory controls (refer to conditions of the granted works approval)

Movement and refuelling of vehicles.

Hydrocarbons Contamination of ground and soil by direct discharge or stormwater flow.

Limited storage of hydrocarbons with refuelling by mobile truck.

Spill kits available with machinery

Slight Unlikely Low Location of flora and fauna.

Applicant’s controls, including location of the works.

Scale of construction, and construction is short duration at each location.

Surface layer of sand may be highly mobile, dunes have high infiltration capacity, but rain events are sparse.

MS 714 requires the works approval holder to implement a Priority Flora, flora and vegetation management plan, and a fauna management plan to mitigate adverse impacts to the Malleefowl and nesting sites.

The works approval will define the location of the works within the premises boundary. No other specific works approval conditions considered required to manage emissions from construction activities.

The Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA) are applicable.

Movement of soils and earth to set up infrastructure.

Sediment Contaminated stormwater with potential smothering of vegetation.

Priority flora are reported within the Mine Access Road corridor.

Vulnerable fauna species Hamelin Skink and Malleefowl may be potential receptors.

No information provided in the Application.

Moderate

Conservation significant flora and fauna are potential receptors

Unlikely Medium

Table 10: Assessment of risk events during operation (including a time limited operation phase)

Risk event

Source/Activities Potential emissions

Potential receptors, pathway and impact

Applicant controls

Consequence rating

Likelihood rating

Risk Reasoning Regulatory controls (refer to conditions of the granted works approval)

Operation of crushing and screening equipment and directly related activities including transfer and stockpiling of materials.

Hydrocarbons Contamination of ground and soil by direct discharge.

Limited storage of hydrocarbons with refuelling by mobile truck.

Spill kits available with machinery.

Processing machinery located within a containment area adjacent to the borrow pit. Stormwater from these containment areas (potentially containing sediment and hydrocarbons from the crushing

Moderate

Conservation significant flora and fauna are potential receptors

Unlikely Medium Location of conservation significant flora and fauna species.

Applicant’s controls.

Scale of operation.

Duration of operations is short term (weeks or months) at each location over a period of up to 12 months.

Surface layer of sand may be highly mobile and dunes have high infiltration capacity, but rain events are sparse.

MS 714 requires the works approval holder to implement a Priority Flora, flora and vegetation management plan, and a fauna management plan to mitigate adverse impacts to the Malleefowl and nesting sites.

Under MS723 a Fauna Management Plan has been developed to mitigate adverse impacts to the Malleefowl and nesting sites. A pre-

The works approval will define the location of the machinery associated with category 12 operations within the premises boundary.

Applicant’s controls for containment of contaminated stormwater have lowered the risk and will be conditioned as infrastructure requirements.

The Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA) are applicable.

Stormwater containing sediment and hydrocarbons

Contaminated stormwater with potential for smothering of vegetation and habitat by uncontained sediment, and contamination of soils.

Four priority flora species were reported within the Mine Access Road corridor.

Vulnerable fauna species Hamelin Skink and Malleefowl may be

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potential receptors. operations) will be contained and directed to the borrow pit sump by contours and earthen bunding.

clearance Malleefowl survey along the access road and pits was completed in Oct 2006 – no activity was reported. Prior to clearing the borrow pits a Pre-clearance survey for Malleefowl is required to be undertaken as per the Fauna Management Plan.

Dust Windblown and setline dust may cause smothering of vegetation.

Four priority flora species were reported within the Mine Access Road corridor.

Water trucks available for dust suppression.

Crushing and screening equipment fitted with mist spray bars

Minor Unlikely Medium Scale of operation.

Duration of operations is short term (weeks or months) at each location over a period of up to 12 months.

Control of dust by water.

A dust management plan has been developed in accordance with condition 12 of MS 723.

Applicant controls have lowered the risk and will be conditioned as infrastructure requirements.

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8.2 Consequence and likelihood of risk events

A risk rating will be determined for risk events in accordance with the risk rating matrix set out in Table 11 below.

Table 11: Risk rating matrix

Likelihood Consequence

Slight Minor Moderate Major Severe

Almost certain Medium High High Extreme Extreme

Likely Medium Medium High High Extreme

Possible Low Medium Medium High Extreme

Unlikely Low Medium Medium Medium High

Rare Low Low Medium Medium High

DWER will undertake an assessment of the consequence and likelihood of the Risk Event in accordance with Table 12 below.

Table 12: Risk criteria table

Likelihood Consequence

The following criteria has been

used to determine the likelihood of

the Risk Event occurring.

The following criteria has been used to determine the consequences of a Risk Event occurring:

Environment Public health* and amenity (such as air

and water quality, noise, and odour)

Almost

Certain

The risk event is

expected to occur

in most

circumstances

Severe onsite impacts: catastrophic

offsite impacts local scale: high level

or above

offsite impacts wider scale: mid-level

or above

Mid to long-term or permanent impact to

an area of high conservation value or

special significance^

Specific Consequence Criteria (for

environment) are significantly exceeded

Loss of life

Adverse health effects: high level or

ongoing medical treatment

Specific Consequence Criteria (for

public health) are significantly

exceeded

Local scale impacts: permanent loss

of amenity

Likely The risk event will

probably occur in

most circumstances

Major onsite impacts: high level

offsite impacts local scale: mid-level

offsite impacts wider scale: low level

Short-term impact to an area of high

conservation value or special

significance^

Specific Consequence Criteria (for

environment) are exceeded

Adverse health effects: mid-level or

frequent medical treatment

Specific Consequence Criteria (for

public health) are exceeded

Local scale impacts: high level

impact to amenity

Possible The risk event

could occur at

some time

Moderate onsite impacts: mid-level

offsite impacts local scale: low level

offsite impacts wider scale: minimal

Specific Consequence Criteria (for

environment) are at risk of not being met

Adverse health effects: low level or

occasional medical treatment

Specific Consequence Criteria (for

public health) are at risk of not being

met

Local scale impacts: mid-level

impact to amenity

Unlikely The risk event will

probably not occur

in most

circumstances

Minor onsite impacts: low level

offsite impacts local scale: minimal

offsite impacts wider scale: not

detectable

Specific Consequence Criteria (for

environment) likely to be met

Specific Consequence Criteria (for

public health) are likely to be met

Local scale impacts: low level impact

to amenity

Rare The risk event may

only occur in

exceptional

circumstances

Slight onsite impact: minimal

Specific Consequence Criteria (for

environment) met

Local scale: minimal to amenity

Specific Consequence Criteria (for

public health) met

^ Determination of areas of high conservation value or special significance should be informed by the Guidance Statement: Environmental Siting. * In applying public health criteria, DWER may have regard to the Department of Health’s Health Risk Assessment (Scoping) Guidelines. “onsite” means within the Prescribed Premises boundary.

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8.3 Acceptability and treatment of Risk Event

DWER will determine the acceptability and treatment of Risk Events in accordance with the Risk treatment table 13 below:

Table 13: Risk treatment table

Rating of Risk Event

Acceptability Treatment

Extreme Unacceptable. Risk Event will not be tolerated. DWER may refuse application.

High May be acceptable.

Subject to multiple regulatory controls.

Risk Event may be tolerated and may be subject to multiple regulatory controls. This may include both outcome-based and management conditions.

Medium Acceptable, generally subject to regulatory controls.

Risk Event is tolerable and is likely to be subject to some regulatory controls. A preference for outcome-based conditions where practical and appropriate will be applied.

Low Acceptable, generally not controlled.

Risk Event is acceptable and will generally not be subject to regulatory controls.

Applicant’s comments

The Applicant was provided with the draft Decision Report and draft Works Approval on 6 May 2020. The Applicant provided comments on 12 May 2020 which are summarised, along with DWER’s response, in Appendix 2.

Determination of works approval

Based on this assessment, it has been determined that the works approval will be granted subject to conditions commensurate with the determined controls and necessary for administration and reporting requirements.

DWER notes that it may review the appropriateness and adequacy of controls at any time and that, following a review, DWER may initiate amendments to the approval under the EP Act.

The works approval that accompanies this report authorises construction and time limited operations only. A licence is required for ongoing operation of the premises.

Conclusion

This assessment of the risks of activities on the Premises has been undertaken. Based on the assessment of the environmental risks it has been determined that the application for works approval is granted.

Alana Kidd Manager, Resource Industries Delegated Officer under section 20 of the Environmental Protection Act 1986

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Appendix 1: Key documents

Document title In text ref Availability

Application Form and supporting

documents Application

DWER records (DWERDT25439,

A1889067, A1879721)

Ministerial Statement 723 MS 723 accessed at www.epa.wa.gov.au/

DER, July 2015. Guidance Statement:

Regulatory principles. Department of

Environment Regulation, Perth.

N/A

accessed at www.dwer.wa.gov.au

DER, October 2015. Guidance Statement: Setting conditions. Department of Environment Regulation, Perth.

DER, November 2016. Environmental

Siting. Department of Environment

Regulation, Perth.

DER, February 2017. Guidance

Statement: Risk Assessments.

Department of Environment Regulation,

Perth.

DWER, June 2019. Guideline: Decision Making. Department of Water and Environmental Regulation, Perth.

DWER, June 2019. Guideline: Industry Regulation Guide to Licensing. Department of Water and Environmental Regulation, Perth.

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Appendix 2: Summary of applicant’s comments on risk assessment and draft conditions

Condition Summary of Licence Holder comment DWER response

Condition 1, Table 1 Mobile crushing & screening plant fitted with spray bars - confirmed

Noted

Cat 336 is an excavator, not a front end loader No change to risk, corrected.

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Attachment 1: Works Approval W6361/2020/1