LU GOVERNMENTOF WESTERN AUSTRALIA · PDF fileGOVERNMENTOF WESTERN AUSTRALIA...

GOVERNMENT OFWESTERN AUSTRALIA

FORMReferral of a Proposal to the Environmental Protection Authorityunder Section 38 of the Environmental Protection Act 1986.

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PURPOSE OF THIS FORM

Section 38 of the Environmental Protection Act 1986 (EP Act) makes provision for the referral tothe Environmental Protection Authority (EPA) of a proposal (significant proposals, strategicproposals and proposals under an assessed scheme) by a proponent, a decision making authority(DMA),or any other person.

The purpose of this form is to ensure that EPA has sufficient information about a proposal to makea decision about the nature of the proposal and whether or not the proposal should be assessedunder Part IV of the EP Act. Information provided in the referral form must be brief (no more than30 pages), sharp and succinct to achieve the purposes of this form.

This form does not prevent the referrer from providing a supplementary referral report. Should areferrer choose to submit a supplementary referral report please ensure the following.

i. Information is short, sharp and succinct.ii. Attachments are below eight megabytes (8 MB) as they will be published on the EPA’s

website (exemptions apply) for public comment. To minimise file size, “flatten” maps andoptimise pdf files.

iii. Cross-references are provided in the referral form to the appropriate section/s in thesupplementary referral report.

This form is to be used for all proposals‘ which can be referred to the EPA under section 38 of theEP Act; i.e. referrals from: proponents of proposals (significant proposals, strategic proposals,derived proposals, proposals under an assessed scheme); DMAs (significant proposals); andthird parties (significantproposals).

This form is divided into several sections, including; Referral requirements and Declaration; Part A—Information of the proposal and proponent; and Part B Environmental Factors. Guidance onsuccessfully completing this form is provided throughout the form and is also available in theEPA’s Environmental Assessment Guideline for Referral of a Proposal under s38 of the EP Act(EAG 16).

Send completed forms to EnquiriesOffice of the Environmental Protection Authority Office of the Environmental Protection AuthorityLocked Bag 10, East Perth WA 6892 Locked Bag 10, East Perth WA 6892

or Telephone: 6145 0800Fax: 6145 0895Email: [email protected] Email: [email protected]

Website: www.eQa.wa.gov.au

1 Please note that this form consolidates and replaces the followingforms: Referral of a Proposal by theProponent to the EPA under section 38(1) of the EP Act; Referral of a Proposal by a third party to the EPAunder section 38(1) of the EP Act; and Referral of a development proposal to the EPA by the decision makingauthority.

Referral requirements and Declaration

The following section outlines the referral information required from a proponent, decision makingauthority and third party.

(a) Proponents

Proponents are expected to complete all sections of the form and provide GIS spatial data toenable the EPA to consider the referral. Spatial GIS data is necessary to inform the EPA’sdecision.

The EPA expects that a proponent willaddress Part B of the form as thoroughly as possible todemonstrate whether or not the EPA’s objectives for environmental factors can be met.

If insufficient information is provided the EPA will request more information and processing of thereferral will commence once the information is provided or the EPA decides to make aprecautionary determination on the available information.

Proponent to complete before submitting form

Completed all the questions in Part A (essential)

Completed all the questions in Part B

i7Completed all other applicable questions

l_|nc|uded Attachment 1 —any additional document(s) the M Yesproponent wishes to provide

Included Attachment 2 - confidential information (if

[ applicable) M Yes (N/A)

Enclosed an electronic copy of all referral information,including spatial data and contextual mapping but clearlyseparating any confidential information

Completed the Declaration

What is the type of proposal being referred? El S‘9”‘“°_a"‘El strategic

*a referred proposal seeking to be declared a derived |:| dem/ed*Propose’ El under an assessed scheme

Do you consider the proposal requires formalenvironmental impact assessment? D Yes '2' NO

Ifyes, what level of assessment? El AP. Category AAP/ = Assessment of Proponent Information El APl Category BPER = Public Environmental Review El PER

NB: The EPA may apply an Assessment on Proponent Information (API) level of assessmentwhen the proponent has provided sufficient information about:

0 the proposal;o the proposed environmental impacts;0 the proposed management of the environmental impacts; and

when the proposal is consistent with API criteria outlined in the Environmental ImpactAssessment (Part IVDivision 1 and 22Administrative Procedures 2012.

If an API A formal level of assessment is considered appropriate, please refer to EnvironmentalAssessment Guideline No. 14 Preparation for an Assessment on Proponent Information (CategoryA) Environmental Review Document EAG 14 (EAG14).

Declaration

I, Steve Jenkins declare that I am authorised on behalf of the Department of Transport. (being theperson responsible for the proposal) to submit this form and further declare that the informationcontained in this form is true and not misleading.

Ewe SteveJenkins

eneral Manager Organisation Department of TransportCoastal infrastructure

[email protected]

Essex Street

Fremantle i WA E60

12 May 2015

Signature ,/«

i.

(b) Decision-making authority

The EPA expects decision-making authorities to complete applicable sections of Part A of theform and provide the proponent an opportunity to provide additional information in Part B ofthe form where appropriate.

Wherever possible the DMAshould obtain relevant spatial information from the proponent andprovide this to the EPA with the referral.

DMAto complete before submitting form

Completed all the questions in Part A (essential) El Yes E] No

Provided Part B to the proponent for completion [_—_IYes [:1 No

Completed all other applicable questions [I Yes [I No

included Attachment 1 —any supporting information I:I Yes I:l No

Enclosed an electronic copy of all referral information, El Yes I] Noincluding spatial data and contextual mapping

Completed the below Declaration I] Yes E] No

Doyou consider the proposal requires formal D Yes D Noenvironmental impact assessment?

What is the type of proposal being referred? [3 significant proposm

I_—_lsignificant proposal underan assessed scheme

Declaration

l, (fullname)submitthisreferraltotheEPAfor’consideration of the environmental significance of its impacts.

Signature [Name (print)

Position 7 [Organisation EEmail

Address Street No. ' Strec-2tlxlarne

_—| Suburb

(c) Third Party

Third parties are asked to have consideration for the Significance Test outlined in Part ASection 1.5 of this form before referring a significant proposal to the EPA. The EPA willonlyconsider proposals that are likely, if implemented, to have a significant effect on theenvironment.

Third parties are to provide sufficient information to clearly identify the significant proposal, theproponent, and their reasons for referring the proposal. This can be done by completing asmuch of Part A of the form as possible, taking into consideration the information available.Third parties may wish to fill in Part B of the form to advance their own views of thesignificance of the environmental impacts and the need for EPA assessment.

in most cases the EPA will seek additional information from the proponent. This will be toconfirm or amend the identity of the proponent, the proposal, and to allow the proponentopportunity to provide its views on the significance of the environmental impacts and the needfor EPAassessment.

Third Party to complete before submitting form

Complete all applicable questions in Part A and B I:I Yes E] No

Completed the Declaration [I Yes [:I No

Do you consider the proposal requires formal environmental impact El Yes I:I Noassessment?

Declaration

I, (fullname)submitthisreferraltotheEPAforconsideration of the environmental significance of its impacts.

Signature [Name (print)

Email

Position Organisation 1

Address St reel No. Eitreet l\larn<->

SLIbLlrlo 1 State ] Posicoclc

Date ‘

PARTA: Information on the proposal and the proponentAll fields of Pan‘ A must be completed by the proponent and/or decision-making authority forthis document to be processed as a referral. Thirdparty referrers are only expected to fillin thefields they have information for.

1 PROPONENT AND PROPOSAL DESCRIPTION

1.1 The proponent of the proposal

Proponent andlor DMAto completeDepartment of TransportN/A

Name of the proponent

Joint Venture parties (ifapplicable)

27 285 643 255

140 William StreetPerth WA 6000

Australian Company Number(s) (ifapplicable)

Postal Address

(Where the proponent is a corporation or anassociation of persons, whether incorporated or not,the postal address is that of the principal place ofbusiness or of the principal office in the State)

Key proponent contact for the proposal Larry AdamsPO Box 402, Fremantle WA 6959T: (08) 9435 7624E2 [email protected]

N/A

Please include:name; physical address;phone; and email.

Consultant for the proposal (ifapplicable)

Please include:name; physical address;phone; and email.

1.2 ProposalProposal is defined under the EP Act to mean a ‘project, plan, programme policy, operation,undertaking or development or change of land use, or amendment of any of the foregoing, butdoes not include scheme”. Before completing this section please refer to Environmental ProtectionBulletin 17 —Strategic and derived proposals (EPB 17) and Environmental Assessment Guidelinefor Defining the Key Characteristics of a proposal (EAG 1).

Proponent and/or DMAto complete

1-meofthe proposal ‘ Denham Foreshore and Marine FacilitiesUpgrade

What project phase is the proposal at? D SCOPWQ|:l FeasibilityIZI Detailed designlj Other[:1 Power/Energy Generation

|:| Hydrocarbon Based —coall:| Hydrocarbon Based —gas|:] Waste to energylj Renewable —wind[:| Renewable —wave1:] Renewable ——solar

Proposal type

More than one proposal type can be identified,however for filtering purposes it isrecommended that only the primary proposaltype is identified.

Proponent andlor DMAto complete

T

Proponent andlor DMAto complete

Description of the proposal -—describe the keycharacteristics of the proposal in accordancewith EAG 1.

[:1 Dredging

Ifother, please state below:[Zl Other Coastal Facilities

Upgrade works to coastal infrastructureand onshore facilities in Denham BoatHarbour

Extent (area) of proposed grounddisturbance is approximately 1.5 ha(see Figure 2-2 in attached ElA Report,Cardno 2015)

Timeframe in which the proposal is to occur(including start and finish dates whereapplicable).

July 2015 to August 2016

Details of any staging of the proposal.

~lWhat is the current land use on the property,and the extent (area in hectares) of theproperty?

47esThis proposal is part of the “Foreshore andMain Street Revitalisation Plan” ofDenhamStage 1 is the planned replacement of theRecreational Jetty (subject of a previousreferral)This referral is for Stage 2Note that while not part of this referral,dredging associated with the DoT’s Statewide maintenance dredging program willbe timed to coincide with the upgradeworks.The current use of the marine facilities isfor marine activities, launching andretrieval of vessels. There is a fuel supplyfacility, waste oil receival, fish cleaningstation and ablution block. There aresealed and unsealed parking areas andgrassed recreation areas. The facilitiesare mainly used for recreational purposes,however there is also some commercialfishing industry use.The total area of the water area vestedunder Marine and Harbours Act 1981 isapprox. 2,147.86 ha. Out of that area,approx. 6.78ha are used as maritimefacilities (1.98ha basin and 4.8ha entrancechannel).

he OEPA?

If yes, please provide the case number. if acase number was not provided, please state the

F-lave pre-referral discussions taken place witht

Yes23 March 2015

EPA - Leanne Thompson,DoT —Larry Adams, Olag Lope—Casado

Proponent andlor DMAto completedate of the meeting and names of attendees.

DMA(Responsible Authority) to complete

For a proposal under an assessed scheme (asdefined in section 3 of the EP Act, applicableonly to the proponent and DMA)provide details(in an attachment) as to whether:

o The environmental issues raised by theproposal were assessed in any assessmentof the assessed scheme.

- The proposal complies with the assessedscheme and any environmental conditions inthe assessed scheme. J_

1.3 Strategic I derived proposals

Complete this section if the proposal being referred is a strategic proposal or you are seeking theproposal to be declared a derived proposal. Note: Onlya proponent may refer a strategic proposaland seek a proposal to be declared a derivedproposal.

Proponent to completeis this referred proposal a strategic proposal? 1:] Yes E] No

Are you seeking that this proposal be declared a derived [3 yes Noproposal?

Ifyou are seeking that this proposal be declared a derived Ms #;proposal, what is the MinisterialStatement number (MS #)of the associated strategic proposal?

1.4 LocationProponents and DMAsmust provide spatial data. Please refer to EAG 1 for more detail.

Proponent, DMAand Third Party to completeName of the Local Government Authority in which the Shire Of Shark 333/proposal is located.

Location; Knight Terrace, Denham

a) street address; lot number; suburb; and nearestroad intersection; or

b) if remote the nearest town; and distance anddirection from that town to the proposal site.

Have maps and figures been included with the referral El Yes |:l No

(consistentwith$3_1_where appropriate)? See Figures in attached EIAThe types of maps and figures whichneed to be provided (Cardno 2015)(depending on the nature of the proposal) include:

o maps showing the regional location and context ofthe proposal; and

o figures illustrating the proposal elements.

Proponent and DMAto completeHave electronic copies of spatial data been included with E Yes [I Nothe referral?

NB: Electronic spatial (GIS or CAD)data, geo-referencedand conforming to the followingparameters:

0 GIS: polygons representing all activities and named;- CAD:simple closed polygons representing all

activities and named;o datum: GDA94;

0 projection: Geographic (latitude/longitude) or MapGrid of Australia (MGA);

o format: ESRI geodatabase or shapefile, Map/nfoInterchange Format, Microstation or AutoCAD..

1.5 Significance test and environmental factors

Proponent, DMAand Third Party to complete

What are the likelysignificant F El Benthic Communities and Habitatenvironmental factors for this proposal? E] Coastal Processes

IZIMarine Environmental QualityEl Marine Fauna

I:I Flora and VegetationI:I LandformsE] Subterranean FaunaEl Terrestrial Environmental Qualityl___ITerrestrial Fauna

El HydrologicalProcessesE] Inland Waters Environmental Quali

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IZIAir Quality &Atmospheric Gases

I:]AmenityI:I HeritageIZIHuman Health

El OffsetsI:] Rehabilitation and Decommissioning_

Havingregard to the Significance Test The PT°P_°n9nt is of the befief that the(referto Section7of the EIA proposal IS not likely to have a significantAdministrativeProcedures 2012) inwhat effect on the environment. Please see theways do you consider the proposal may attached EIA (Cardno 2015) which concludeshaVeasignificanteffectonthe that, so long as a number of outlinedenvironmentand warrant referralto the mitigation measures are adopted andEPA? implemented, the development proposal is

likely to meet the EPA’s objectives for allrelevant factors. The proposal is consideredunlikely to have a significant impact on theenvironment, and therefore, does not requireformal assessment under the EPA Act.

The referral has been made to gain thecertainty of an EPA decision on the proposaland to assist in the proposal's timelyconsideration.

1.6 Confidential information

Allinformation willbe made pub/ical/yavailable unless authorised for exemption under the EP Actor subject to the Freedom of Information Act 1992.

Proponentto complete ‘IDoes the proponent request that the EPAtreat D yes Noany part of the referral information asconfidential?

Ensure all confidential information is provided ina separate attachment in hard copy.

2 REGULATORYCONSIDERATIONSThis section applies to the Local, State and Commonwealth regulatory considerations for thereferred proposal.

2.1 Government approvals

2.1.1 State or Local Government approvals

DMAto complete

What approval(s) is (are) required from you as a N/Adecision-making authority?

Is rezoning_of any land requ_ired before the

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proposal can be impiemented? [:I Yes [21Noifyes, please provide details.

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2.1.2 Regulation of aspects of the proposalComplete the followingto the extent possible.

Proponent to completeDo you have legal access required for the implementationof all aspects of the proposal?

lZlYes CI NoIfyes, provide details of legal access authorisations /agreements/tenura The area is vested under MarineIfno, what authorisations / agreements / tenure is required and Harbours Act 1981and from whom?

Outlineboth the existing approvals and approvals that willbe / are being sought as a part of this proposal.

Proponent to completeAspects* of the Type of approval Legislation Which Stateproposal regulating this agency lentity

activity regulate thisactivity?

None identified

*e.g. mining, processing, dredging

2.1.3 Commonwealth Government Environment Protection andBiodiversity Conservation Act 1999approvals

Refer to the assessment bilateral agreement between the Commonwealth of Australia andthe State of Western Australia for assistance on this section.

Proponent to complete

1. Does the proposal involve an action that may be or is a El Yes l.7.lNocontrolled action under the Environment Protection andBiodiversity Conservation Act 1999 (EPBC Act)? Ifno continue to Part A section

2.1.4.

2. What is the status of the decision on whether or not the D Pr°P0Se' rrerYerreferred

decision

I:I Assessed - controlledaction

El Assessed —not a controlledaction

3. Ifthe action has been referred, when was it referred andwhat is the reference number (Ref #)?

4. Ifthe action has been assessed, provide the decision inan attachment. Has an attachment been provided?

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5. Do you request this proposal to be assessed under the [:1 Yes [Z1Nobilateral agreement?

Complete the following to the extent possible for the Public Comment of EPBC Act referraldocumentation.


6. Have you invited the public to comment on your referral I] Yes [:1 Nodocumentation?

7. Howwas the invitationpublished? El newspaper [:1 website

8. Did the invitation include all of the following?

(a) brief description of the action Ij Yes El No

(b) the name of the action I] Yes El No D(c) the name of the proponent D Yes [:I No

the location of the action |:l Yes El No

the matters of national environmental significance that [I Yes E] Nowillbe or are likelyto be significantly impacted

5?,

(f) howthe relevant documents may be obtained El Yes D No ‘J(g) the deadline for publiccomments I:] Yes I] No

(h) availablefor publiccomment for 14 calendar days E] Yes I:I No j

(i) the likelyimpacts on matters of national environmental E] Yes I:I No

. significance(j) any feasible alternatives to the proposed action [:1 Yes I:I No

(k) possible mitigation measures [:1 Yes E] No

9. Were any submissions received during the public E] Yes I:l Nocomment period?

10. Have publicsubmissions been addressed? Ifyes provide D Yes [I Noattachment.

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2.1.4 Other Commonwealth Government Approvals


is approval required from otherCommonwealth Government/s for any

[:I Yes El No

part of the proposal?Ifyes, please complete the table below.

Agency / Approval required Application Agency l Local Authority contact(s)Authority lodged? for proposal

I:I Yes [:1 No

El Yes E] No

3. SUPPORTING INFORMATION

Please attach copies of any relevant informationon the proposal, supporting evidence and / orexisting environmental surveys, studies or monitoring information undertaken and list thedocuments below.


Impact

Report

Denham

MaritimeFacilities

Environmental Cardno

Assessment

Foreshore and

Upgrade Works

EnvironmentalImpact Assessmentof the proposed marine facilityupgrade undertaken to ensure theworks program meets the EPA’sobjectives for protection of theenvironment, for the purposes ofdue diligence, to supportcommunications with the EPAandsupport referralof the project andthe decision that the proposal.

(2)

(3)

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PART B: ENVIRONMENTAL FACTORS

The purpose of Part B is to assist the EPA to determine the significance of the likelyenvironmentalimpacts of the proposal in accordance with the EPA’s Environmental Assessment Guideline forEnvironmental factors and objectives (EAG 8) and Environmental Assessment Guideline forApplication of a significant framework in the EIA process (EAG 9). Referrers completing Part Bshould refer closely to EAG 8 and EAG 9.

The EPA has prepared Referral of a Proposal under s38 of the EP Act EAG No.16 - Appendix A(Appendix A) to assist in identifying factors and completing the below table. Further guidance canbe found in the guidance and policydocuments cited in Appendix A under each factor.

How to complete Part BFor each environmental factor, that is likely to be significantly impacted by the implementation ofthe proposal, make a copy of the table below and insert a summary of the relevant informationrelating to the proposal. The table can be broken down into more than one table per factor, if theneed arises. For example the hydrological processes factor can be presented in two separatetables, one for surface water and one for groundwater, or similarlyone for construction and one foroperations.

For complex proposals a supplementary referral report can be provided in addition to the referralform. if this option is chosen the table must still be completed (summaries are acceptable) toassist the Office of the EPA with statistical reporting and filtering proposals for processing.

Proponents expecting an API level of assessment must provide information in accordance with theEPA’s Environmental Assessment Guideline for Preparation of an API-A environmental reviewdocument (EAG 14).

For each of the significant environmental factors, complete the followingtable (Questions 1 —10).

Proponent to complete. DMAand Third Party to complete to the best of their knowledge.

1 |—|:;ctor,as defined ,-,75,43 3 Marine Environmental Quality

2 , _ , _ To maintain the quality of water, sediment and biota

gig gb1e°t'‘’e'33 defined "7 so that the environmental values, both ecological and--—— social, are protected

3 l— EAG 3 —Protection of Benthic Primary Producer

Guidance _Whatestablished Habitat in Western Australia's Marine Environmentp0"cieS_guide"nes_ and EAG 7 —Marine Dredging Proposalsstandards apply to this factor in EAG 15 —Protecting the Quality of Westernre|ati0n 10the Proposal? Austra|ia’s Marine Environment

L__

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4 Consultation —outline the needfor consultation and theoutcomes of any consultation inrelation to the potentialenvironmental impacts,including:

. antic,-pared /eve] of pub/,-Cwithafinal reportwith recommendations thatwasinterest in the impact;

o consultation with regulatoryagencies; and

o consultation with community.

Public consultation: Since 1990's the Department ofTransport (DoT) has been working with the Shire ofShark Bay and the community to considerimprovements to the maritime facilities at Denham.DoT in partnership with the Shire of Shark Bay havecompleted a public consultation phase that ended up

supported by a Working Group (community groupestablished in 2009 and chaired by Vince CataniaMLA)and endorsed by the Shire of Shark BayCouncil in July 2012 when a concept design wasendorsed.Consultation has been carried out with the followingregulatory agencies:

o Shire of Shark Bay which supports this project asitwas the original proponent of the project whenseeking funding.

o Department of Environment Regulation (DER)advised that approvals are not required.

c Department of Parks and Wildlife(DPaW) advisedthat the project area is not in the Shark BayMarine Park and approvals from DPaW are notrequired from the Marine Parks and ReservesAuthority.

o Heritage Council of WA advised that the existingjetty to be removed in Stage 1 of the project is notheritage listed.

o Office of the Environmental Protection Authority(OEPA): advised:

0 Project area is out of turtle nesting areas sothere is no need of implementing EPAEnvironmental Assessment Guideline No.5. However, he encouraged DoT toimplement it.

o Management procedures for pile drivingand marine fauna should be implemented

0 Contact EPA’s Infrastructure AssessmentBranch to provide additional advice:

o EPA’s Infrastructure Assessment Branch advisedthe use of EPA’s Environmental AssessmentGuidelines 8 &9 and the submission of “Referralof a Proposal by the Proponent to theEnvironmental Protection Authority under Section38(1) of the Environmental Protection Act 1986"

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Proponent to complete. DMAand Third Party to complete to the best of their knowledge.See information in Section 3 of the attached EIA5 Baseline information - describe

the relevant characteristics of (Cafdno 2015)the receiving environment.

This may include: regionalcontext; known environmentalvalues, current quality, sensitivityto impact, and current level ofcumulative impacts.

6 impact assessment —describe Potential impacts identified are:

if;iSfI§’£i.'2';2‘ll?§l’.ié’l?;.“?§.§or° Re”‘°"a'F’feX'S*'“9T'“9e”e**Va“°'.“”‘b?'9’9V“eas a result of implementingthe a Construction of service Jetty extension, finger Jettyproposal. and replacement groyne

o Refurbishment of rock revetmento Minorland-based dredging (managed under

maintenance dredging program EMF)o Operation of maritime facilitiesFor details see Section 4 of attached ElA (Cardno2015fi

7 Mitigationmeasures - what 0 AVOidanCe - N/Ameasures are proposed tomitigate the potentialenvironmental impacts? Thefollowingshould be addressed:

Avoidance - avoiding theadverse environmentalimpact altogether;

Minimisation - limiting thedegree or magnitude of theadverse impact;

Rehabilitate —restoring themaximum environmentalvalue that is reasonablypracticable; and

Offsets —actions that provideenvironmental benefits tocounterbalance significantresidual environmentalimpacts or risks of a projector activity.

a Minimisation —the extent of planned disturbanceand duration of proposed works willbe minimisedwhere possibleThe risk of unplanned impacts willbe managed asoutlined in Section 4.5 of the attached ElA(Cardno 2015)Rehabilitate —The proposal will result in animprovement in environmental quality, amenityand safety. Landscaping works form part of theproject.Offsets —N/A.

L

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No significant residual impacts are predicted to occurResidual impacts —review theresidual impacts against theEPA objectives.

It is understood that the extent ofany significantresidual impactsmay be hard to quantifyat thereferral stage. Referrers areasked to provide, as far aspracticable, a discussion on thelikelyresidual impacts and forma conclusion on whether theEPA’s objective for this factorwouldbe met if residual impactsremain. This willrequire:

- quantifying the predictedimpacts (extent, duration,etc.) acknowledging anyuncertainty in predictions;

0 putting the impacts into aregional or local context,incorporating knowablecumulative impacts,’ and

0 comparison against anyestablished environmentalpolicies, guidelines, andstandards.

EPA’s Objective —from yourperspective and based on yourreview, which option applies tothe proposal in relation to thisfactor? Refer to EAG 9

lZl meets the EPA’s objective

El may meet the EPA’sobjectiveD is unlikelyto meet the EPA’s objective

Mitigationmeasures to be implemented as outlined inSection 4.5 of attached EIA(Cardno 2015); includingo Construction contractors to provide and comply

with a Construction Environmental ManagementPlan (CEMP);

o Design of facilities to meet relevant AustralianStandards;

0 Spill response kit available on site duringconstruction, spill response during operationsmanaged in accordance with DoT spill responseprocedures; and

o Dredging to be carried out in accordance withDoT’s overarching Environmental ManagementFramework (EMF) (Oceanica 2012a) andDredging Environmental impact Assessment(DElA)(Oceanica 2012b) including adherence to aDredging Environmental Management Plan(EM PL;

Describe any assumptionscritical to your conclusion (inQuestion 9). e.g. particularmitigationmeasures orregulatory conditions.

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In circumstances where there was some uncertainty on the level of significance of a particularfactor it is recommended that a brief summary (no longer than 1 - 2 paragraphs) is provided on thesteps taken to determine why a factor was not considered to be significant.


Fa°*°" as de"""ed "" ——'=‘AG8

EPA objective, as defined ,-,7 To maintain the diversity, geographic distribution andEAG 8 viabilityof fauna at the species and population levels

EAG 5 — Protecting Marine Turtles from Light

4

OD

ImpactsEPA advice on management of potential impacts ofpile drivingon marine mammals (including cetaceansand dugongs) and marine turtles in the vicinityof thepilingoperations based on recent project examplebest practice.- See above for general consultation informationo Office of the Environmental Protection Authority

(OEPA): advised:o Project area is out of turtle nesting areas so

there is no need of implementing EPAEnvironmental Assessment Guideline No.5. However, he encouraged DoT toimplement it.

0 Management procedures for pile drivingand marine fauna should be imlemented

See information in Section 3 of the attached EIA(Cardno 2015)

Guidance - what establishedpolicies, guidelines, andstandards apply to this factor inrelation to the proposal?

Consultation - outline the needfor consultation and theoutcomes of any consultation inrelation to the potentialenvironmental impacts, including(see above):

Baseline information - describethe relevant characteristics ofthe receiving environment.

Impactassessment - describethe potential impact/s that mayoccur to the environmental factoras a result of implementing theproposal.

Potential impacts identified are:c Construction of service wharf extension, finger

jetty and replacement groyneo Operation of maritime facilities (lighting)For details see Section 4 of attached ElA(Cardno2o15fio Avoidance —N/A- Minimisation —

o risk of potential impacts on marinemammals (includingcetaceans anddugongs) and marine turtles in the vicinityof the piling operations, willbe minimisedthrough appropriate managementmeasures outlined in Section 4.5 of theattached EIA(Cardno 2015)

0 risk of potential impacts to marine turtlesfrom lightingassociated with upgradeworks willbe designed with considerationto EAG5

o Rehabilitate -N/A.Offsets —N/A.

Mitigationmeasures - whatmeasures are proposed tomitigate the potentialenvironmental impacts?

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3 Reeiduei impeeie_ reviewthe No significant residual impacts are predicted to occurresidual impacts against theEPA objectives.

9 EPA’s Objective —from your IZI meets the EPA’s objectiveperspective and based on yourreview, which option applies tothe proposal in relation to thisfactor? Refer to EAG 9

10 Describe any assumptionscritical to your conclusion (inQuestion 9). e.g. particularmitigationmeasures orregulatory conditions.

[I may meet the EPA’sobjectiveI:] is unlikely to meet the EPA’s objective

Mitigationmeasures to be implemented as outlined inSection 4.5 of attached EIA(Cardno 2015); includingo Construction contractors to provide and comply

with a CEMP which demonstrates management ofpotential impacts associated with noise andvibration impacts on marine mammals and turtlesduring piling activities;Consideration of EAG 5 in the design andoperation of lighting at the u raded facilities.


1 Factor, as defined in EAG 8 Terrestrial Environmental Quality

To maintain the quality of land and soils so that theenvironment values, both ecological and social, areprotected.Relevant Australian Design Standards

EPA Objective, as defined inEAG 8


consultation - outlinethe need o See above for general consultation informationfor consultation and theoutcomes of any consultation inrelation to the potentialenvironmental impacts,including:

Beeeiine inieimeiien _deeeiibe See information in Section 3 of the attached EIAthe relevant characteristics of (CaFdn0 2015)the receiving environment.

Impactassessment - describe Potential impacts identified are:

the p°te"fia' impact/Sthat may o Accidental spills and discharges duringoccur to the environmental factor Constructionas a result of implementingthe §7_:;l,Accidenta|spills and discharges during operationproposal.

For details see Section 4 of attached EIA(Cardno2015i

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Proponent to complete. DMAand Third Party to complete to the best of their knowledge.0 Avoidance —N/A0 Minimisation —

o CEMPwhich demonstrates management ofpotential impacts associated withaccidental spills and discharges;

3 Drainage design to include interceptiondevices and meet relevant AustralianStandards

0 Fuel and waste oil facilities designed tomeet relevant Australian Standards

0 Rehabilitate —N/A.o Offsets —N/A.

No significant residual impacts are predicted to occur


Residual impacts —review theresidual impacts against theEPA objectives.



|Zl meets the EPA’s objective

El may meet the EPA’sobjectiveI] is unlikelyto meet the EPA’sobjective

Mitigationmeasures to be implemented as outlinedabove and in Section 4.5 of attached EIA(Cardno2015).

Factor, as defined in EAG 8 Air QualityEPA objective, es defined ,-,7 To maintain air quality for the protection of the

environment and human health and amenity

Guidance - whet established Construction industry best practicepolicies, guidelines, andstandards apply to this factor inrelation to the proposal?

Consultation_outlinethe need See above for general consultation informationfor consultation and theoutcomes of any consultation inrelation to the potentialenvironmental impacts,including:

BaSe”“ei“f°"ma“°”‘_d?S°”be See information in Section 3 of the attached EIAthe relevant characteristics of (Cardno 2015)the receiving environment.

Impactassessment - describe Potential impacts identified are:the P°"e"“a' impacfls that may ‘-1 §Dustgeneration during construction

t th ' t I f t ‘S; _EEC:iegultfif ir,‘,\1,lF:|(;r;,Te(:,rt‘i,f:‘gtfior For details see Section 4 of attached ElA (Cardnoproposal. 2015);

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10


Residual impacts —review theresidual impacts against theEPA objectives.



I o Avoidance - N/Ao Minimisation —CEMP which demonstrates

appropriate dust management practices0 Rehabilitate —N/A.o Offsets —N/A.

No significant residual impacts are predicted to occur Jl~'_/"lmeets the EPA’s objective

I:I may meet the EPA’sobjectiveD is unlikelyto meet the EPA’s objective

Mitigationmeasures to be implemented as outlinedabove and in Section 4.5 of attached EIA(Cardno2015).

|_

Factor, as defined in EAG 8

Proponent to complete. DMAand Third Party to complete to the best of their knowledge.Human Health

EPA Objective, as defined inEAG 8


To ensure that human health is not adverselyaffected

Construction industry best practice

Consultation - outline the needfor consultation and theoutcomes of any consultation inrelation to the potentialenvironmental impacts,including:

Baseline information - describethe relevant characteristics ofthe receiving environment.

Impact assessment - describethe potential impact/s that mayoccur to the environmental factoras a result of implementing theproposal.

See above for general consultation information

ASee information in Section 3 of the attached EIA(Cardno 2015)

Potential impacts identified are:o Health and safety risks due to construction

activities, large equipment operation, hazardouschemicals such as fuels and dust

For details see Section 4 of attached ElA (Cardno2o15fi _J

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Proponent to complete. DMAand Third Party to complete to the best of their knowledge. —I

Mitigation measures - what ° AV0ldal'lC€‘- N/Ameasures are proposed to o Minimisation —Contractor’s Health and Safetymitigatethe Potential Management Plan including Safe Work Methodenvironmental impacts? Statements to outline how all potential risks willbe

managedo Rehabilitate —N/A.o Offsets —N/A.

Reeiduei impeeie_ reviewthe No significant residual impacts are predicted to occurresidual impacts against theEPA objectives.

EPA’s Objective —from your lZl meets the EPA’s objective

fsciislfcm/‘$0:n:p,:::e:pgRe3;Otlg C] may meet the EPA’s objectivethe piepeeai in ieiaiien ie iiiie E] is unlikely to meet the EPA’s objectivefactor? Refer to EAG 9

LJ__l

Deeeribeany eeeumpiiene Mitigationmeasures to be implemented as outlinedoritioaito your conclusion (in above and in Section 4.5 of attached ElA (CardnoQuestion 9). e.g. particular 2015).mitigationmeasures orregulatory conditions.

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