Regional Joint Development Assessment Panel Minutes...Meeting No. 13 21 September 2020 Ms Kanella...

Meeting No. 13

21 September 2020

Ms Kanella Hope A/Presiding Member, Regional JDAP

Regional Joint Development Assessment Panel

Minutes Meeting Date and Time: Thursday, 21 September 2020; 9:30am Meeting Number: RJDAP/13 Meeting Venue: Via Zoom This DAP meeting was conducted by electronic means open to the public rather than requiring attendance in person 1 Table of Contents

1. Opening of Meeting, Welcome and Acknowledgement ................................... 2

2. Apologies ............................................................................................................ 3

3. Members on Leave of Absence ......................................................................... 3

4. Noting of Minutes ............................................................................................... 3

5. Declaration of Due Consideration ..................................................................... 3

6. Disclosure of Interests ....................................................................................... 3

7. Deputations and Presentations ......................................................................... 4

8. Form 1 – Responsible Authority Reports – DAP Applications........................ 4

8.1 Lot 370 Anderson Point, Port Hedland, Lot 5178 (Reserve 30768), Lot 5550

& 5751 Sutherland Street, Port Hedland ........................................................................ 4

9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation

of Approval ....................................................................................................... 23

Nil ....................................................................................................................................... 23

10. State Administrative Tribunal Applications and Supreme Court Appeals ... 23

11. General Business ............................................................................................. 24

12. Meeting Closure ............................................................................................... 24

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Attendance

DAP Members Ms Kanella Hope (A/Presiding Member) Mr Tony Arias (A/Deputy Presiding Member) Mr Justin Page (Third Specialist Member) Commissioner Fred Riebeling (Local Government Member, Town of Port Hedland) Officers in attendance Mr Craig Zanotti (Town of Port Hedland) Mr Chaz Roberts (Town of Port Hedland) Mr Craig Watts (Town of Port Hedland) Minute Secretary Ms Megan Ventris (DAP Secretariat) Mr Chris Dodson (DAP Secretariat)

Applicants and Submitters Mr Jason Bradford (Department of Transport) Mr Nick Dawe (Pilbara Ports) Mr Charles Kretzmann (Pilbara Ports) Mr Will Eyres (DevelopmentWA) Mr David Hellmuth (JDSi Consulting Engineers) Members of the Public / Media Nil 1. Opening of Meeting, Welcome and Acknowledgement

The A/Presiding Member declared the meeting open at 9:32am on 21 September 2020 and acknowledged the traditional owners and paid respect to Elders past and present of the land on which the meeting was being held. The A/Presiding Member announced the meeting would be run in accordance with the DAP Standing Orders 2017 under the Planning and Development (Development Assessment Panels) Regulations 2011. 1.1 Announcements by Presiding Member

The A/Presiding Member advised that in accordance with Section 5.16 of the DAP Standing Orders 2017 which states 'A person must not use any electronic, visual or audio recording device or instrument to record the proceedings of the DAP meeting unless the Presiding Member has given permission to do so.', the meeting would not be recorded. This meeting was convened via electronic means. Members were reminded to announce their name and title prior to speaking.

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2. Apologies

Mr Paul Kotsoglo (Presiding Member) 3. Members on Leave of Absence

Nil

4. Noting of Minutes

DAP members noted that signed minutes of previous meetings are available on the DAP website.

5. Declaration of Due Consideration

The A/Presiding Member noted that an addendum to the agenda was published to include details of a DAP direction for further information and responsible authority response in relation to Item 8.1, received on 4 September 2020. A further addendum to the agenda was published to include an amended Responsible Authority Report in relation to Item 8.1, received on 16 September 2020.

All members declared that they had duly considered the documents. 6. Disclosure of Interests

DAP Member, Mr Paul Kotsoglo, declared a Pecuniary Interest in item 8.1. Mr Kotsoglo is employed by Planning Solutions. Planning Solutions have been engaged on behalf of various parties over 6-7 years in relation to matters relating to development in Port Hedland. In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2017, the A/Presiding Member, Ms Kanella Hope, determined that the member listed above, who had disclosed an Pecuniary Interest interest, was not permitted to participate in the discussion and voting on the item.

DAP Member, Mr Justin Page, declared a Pecuniary Interest in item 8.1. Element is appointed by Department of Transport for the 'Hillarys Boat Harbour Place Management' project. Mr Page is not directly involved in this project. The project is appointed to the Place Team, as it is a non-town planning related project, related to place branding & promotion, activation and events and provision of a place management plan. Element is appointed by Town of Port Hedland in the preparation of the Town of Port Hedland Draft Local Planning Strategy and Draft Local Planning Scheme No. 8. Element is appointed by DevelopmentWA to undertake town planning work for various urban projects in Port Hedland. DevelopmentWA is seeking support from Department of Transport for the displacement of the proposed marina dredge material for use as urban fill in its urban projects. Mr Page is directly involved in the Athol Street Structure Plan and Stables Structure Plan urban development sites, of which DevelopmentWA would benefit from the marina dredge material as a local fill source, subject to DevelopmentWA being successful in its bid to secure

https://www.dplh.wa.gov.au/about/development-assessment-panels/daps-agendas-and-minutes

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dredge material. However, he is not directly involved in DevelopmentWA's bid for the marina dredge material and has no role in this regard.

In accordance with section 6.2 and 6.3 of the DAP Standing Orders 2017, the A/Presiding Member, Ms Kanella Hope, determined that the member listed above, who had disclosed a Pecuniary Interest interest, was permitted to participate in the discussion and voting on the item.

7. Deputations and Presentations 7.1 The Town of Port Hedland Officers addressed the DAP in relation to the

application at Item 8.1 and responded to questions from the panel. 7.2 Mr Charles Kretzmann and Mr Nick Dawe (Pilbara Ports) addressed the DAP

in relation to the application at Item 8.1 and responded to questions from the panel.

7.3 Mr David Hellmuth (JDSi Consulting Engineers) addressed the DAP in

relation to the application at Item 8.1 and responded to questions from the panel.

8. Form 1 – Responsible Authority Reports – DAP Applications

8.1 Lot 370 Anderson Point, Port Hedland, Lot 5178 (Reserve 30768), Lot 5550 &

5751 Sutherland Street, Port Hedland Development Description: Public Recreation Marina Applicant: Department of Transport Owner: Department of Planning, Lands and Heritage,

Pilbara Port Authority & Town of Port Hedland Responsible Authority: Town of Port Hedland DAP File No: DAP/20/01818

REPORT RECOMMENDATION Moved by: Nil Seconded by: Nil That the Regional JDAP resolves to: Approve DAP Application reference DAP/20/01818 and accompanying plans contained in Attachment 5 in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Town of Port Hedland Local Planning Scheme No. 5, subject to the following conditions Conditions 1. Prior to the commencement of site works, the developer shall prepare an Artificial

Light Management Plan (ALMP) for the flatback turtle rookery at Spoilbank and Cemetery Beach. This shall be prepared in accordance with the National Light Pollution Guidelines for Wildlife Including Marine Turtles, Seabirds and Migratory Shorebirds (DoEE, 2020b) in consultation with the Department of Biodiversity, Conservation and Attractions (DBCA), and to the satisfaction and approval of the Town of Port Hedland. This shall ensure the protection and management of the

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site's environmental assets. The approved ALMP shall be implemented and complied with at all times.

2. Prior to the commencement of site works, the developer shall prepare a Marine Fauna Monitoring Program (MFMP) to the specification of the Department of Biodiversity, Conservation and Attractions, and to the satisfaction and approval of the Town of Port Hedland. The approved MFMP shall be implemented and complied with at all times.

3. Prior to the commencement of site works, the:

a. Construction Environmental Management Plan (CEMP); b. Dredging Environmental Management Plan (DEMP); c. Geotechnical Interpretive Report (GIR); and d. Water Management Plan (WMP).

Shall be updated by the developer to demonstrate that dredging and reuse of sulfidic dredge spoil has been considered and that management will comply with the National Acid Sulfate Soils Guidance – Guidelines for the dredging of acid sulfate soil sediments and associated dredge spoil management. This shall be demonstrated in the assessment and proposed management of Acid Sulfate Soils (ASS) for dredging activities, to the specification of the Department of Water and Environmental Regulation, and to the satisfaction and approval of the Town of Port Hedland. The approved CEMP, DEMP, GIR and WMP shall be implemented and complied with at all times.

4. Prior to the commencement of site works, the Construction Environmental

Management Plan (CEMP) shall be updated by the developer to demonstrate that sediment is self-neutralising through the use of chip-tray oxidation tests, consistent with the National Acid Sulfate Soils Guidance: National acid sulfate soils sampling and identification methods manual. This shall be to the specification of the Department of Water and Environmental Regulation, and to the satisfaction and approval of the Town of Port Hedland. The approved CEMP shall be implemented and complied with at all times.

5. Prior to commencement of site works, the developer shall update the Construction

Environmental Management Plan (CEMP) to demonstrate sediment proposed for reuse as fill material is suitable for that use and that monitoring programs are sufficient to identify possible contaminants of concern. This shall be to the specification of the Department of Water and Environmental Regulation, and to the satisfaction and approval of the Town of Port Hedland. The approved CEMP shall be implemented and complied with at all times.

6. Prior to the commencement of site works, the developer shall prepare a revised

Construction Environmental Management Plan (CEMP) to the specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall address the following:

a. Communications plan with surrounding landowners and occupiers; b. The Town being provided with a report within three days of any complaint

received, detailing the nature of the complaint and a detailed description of how the complaint was resolved;

c. The Town being provided with a report detailing any breaches that may impact on surrounding sensitive receptors within 24 hours of the incident;

d. The Town being provided with advanced notification of any project scheduling

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changes that may impact the community, prior to the event so that adequate information can be communicated to the public if required or public concerns can be addressed if received;

e. The proposed haulage road through Lots 500 and 501 Morgans Street, Port Hedland shall be referenced and included as a site to be managed under the plan;

f. The Town being provided with a detailed program of works which identifies proposed work days and hours, and if required (due to out of hours noise generating activities, an application is made for a Section 13 Construction Noise Management Plan approval under the Environmental Protection (Noise) Regulations 1997;

g. Detailed information regarding the noise monitoring activities to be undertaken and noise control strategies to be implemented; and

h. Detailed information on site preparedness for cyclone season and preparation/procedures for securing at risk items in the event of an imminent cyclone.

The approved CEMP shall be implemented and complied with at all times.

7. Prior to the commencement of site works, the developer shall prepare a revised

Dust Management Plan (DMP) to the specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall address the following:

a. The proposed haulage road through Lots 500 and 501 Morgans Street, Port

Hedland shall be referenced and included as a site to be managed under the plan;

b. The Town being provided with a report within three days of any complaint received, detailing the nature of the complaint and a detailed description of how the complaint was resolved;

c. The Town being provided with a report regarding any breaches that may impact on surrounding sensitive receptors within 24 hours of the incident;

d. The Town being provided with notification of any unscheduled activities that may impact air quality for surrounding sensitive receptors;

e. All access roads shall be sealed for a distance of 50 metres into the site (prior to the commencement of operations) and

f. Other areas prone to generate dust emissions.

The approved DMP shall be implemented and complied with at all times. 8. Prior to the commencement of site works, the developer shall prepare a revised

Dredge Environmental Management Plan (DEMP) to the specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall include the following:

a. The Town being included on any reporting as per Figures 6 and 7 of the Dredge

Environmental Management Plan where exceedances are detected; and b. The Town being provided with notification of any unscheduled activities that

may impact the surrounding marine environment.

The approved DEMP shall be implemented and complied with at all times. 9. Prior to the commencement of site works, detailed marine infrastructure plans shall

be submitted to the Town of Port Hedland to ensure integration of the marina and landside developments.

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10. Prior to the commencement of site works, the developer shall prepare a Coastal

Hazard Risk Management and Adaptation Plan (CHRMAP) for the spoilbank to the specification and satisfaction of the Town of Port Hedland for approval. The CHRMAP shall include public consultation and an adaptation strategy in accordance with the marina master plan. The approved CHRMAP shall be implemented and complied with at all times.

11. Prior to the commencement of site works, the developer shall prepare an

Operational Waste Management Plan (OWMP) to the specification and satisfaction of the Town of Port Hedland for approval. The approved OWMP shall be implemented and complied with at all times.

12. Prior to the commencement of site works, the developer shall submit a revised set

of civil works plans to the specification and satisfaction of the Town of Port Hedland for approval and shall address the following:

a. Stormwater management details; b. Correction of cross-sections; c. Plan legend update; d. Dust control and water quality control details; e. Signage, crossover, landscaping, parking, vehicle manoeuvring, line

marking and pavement details; and f. Lux diagram.

All works shall be completed in accordance with the approved civil works plans, prior to use of the site to the satisfaction of the Town of Port Hedland.

13. Prior to the commencement of site works, the developer shall submit a revised set

of detailed landscaping plans to the specification and satisfaction of the Town of Port Hedland for approval and shall address the following:

a. Wheelchair access to shaded benches and event areas; b. Additional ramps adjacent to stairs; c. Rock sizes and fixing; d. Mulching areas; and e. Root barriers.

All works shall be completed in accordance with the approved detailed landscaping plans, prior to the use of the site to the satisfaction of the Town of Port Hedland.

14. Prior to the occupation or use of the site, an asset register and maintenance

schedule plan shall be prepared for the development to the specification and satisfaction of the Town of Port Hedland. The development shall be maintained by the developer/applicant to the minimum standards identified in the maintenance schedule plan for five years, to the satisfaction of the Town of Port Hedland.

15. Prior to the occupation or use of the development, the developer shall make

suitable arrangements to adjust the land tenure boundaries and reserve purpose to the satisfaction of the Town of Port Hedland.

16. Prior to the occupation or use of the development, detailed signage and wayfinding

plans shall be prepared and submitted to the satisfaction of the Town of Port Hedland for approval. Development shall be in accordance with the approved

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plans. 17. Prior to the occupation or use of the site, the developer shall submit a revised

detailed design and management plan for the ceremonial fire pit, to the specification and satisfaction of the Town of Port Hedland for approval. Development shall be in accordance with the approved plans.

18. Any amendments to the approved plans, including but not limited to the inclusion

or removal of infrastructure, assets and buildings, shall be submitted by the developer prior to works commencing, to the specification and satisfaction of the Town of Port Hedland for approval.

19. Any above ground fuel storage or refuelling facility shall be sealed and bunded with

impervious material and shall have a minimum capacity of 110% of the hydrocarbon store capacity. This shall be constructed prior to fuel being stored onsite or refuelling activities occurring and maintained for the duration of the development, to the specification and satisfaction of the Town of Port Hedland.

20. Earthworks shall be limited to between 7:00am and 7:00pm from Monday to

Saturday, and no works at all are to be conducted on any public holiday or Sunday unless prior written approval from the Town of Port Hedland Environmental Health Services has been received. No trucks carrying spoil, sand or other material are to enter or exit the earthworks area outside of the permitted hours of operation specified above.

21. Public access to infrastructure, assets and facilities on the Spoilbank that are outside

the Development Area shall be retained at all times to the specification and satisfaction of the Town of Port Hedland, including but not limited to areas of public open space, access roads, shade structures, bins, the Port Hedland Yacht Club (including disabled bays) and TS Pilbara leasehold areas. If public access to roads or other amenities is required to be restricted for construction purposes, the developer shall provide alternative access to enable continued public enjoyment of the Spoilbank to the specification and satisfaction of the Town of Port Hedland.

22. Prior to commencement of landside development, the developer shall provide a

public art concept plan to the specification and satisfaction of the Town of Port Hedland for approval. The public art concept plan shall contain details of the proposed public art to a minimum value in accordance with Local Planning Policy LPP/04 – Percent for Public Art. The approved artwork shall be completed prior to occupation or use of the development and maintained thereafter to the specification and satisfaction of the Town of Port Hedland.

Advice Notes a. A significant rookery for flatback turtles (Natator depressus) is located at Cemetery

Beach, directly east of the proposed marina, with the species also known to utilise the Spoilbank for nesting. Flatback turtles are listed as a threatened species (Vulnerable) under the Biodiversity Conservation Act 2016 and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Cemetery Beach is identified as a Biologically Important Area (BIA) for flatback turtle nesting (Department of the Environment and Energy (DoEE), 2020a).

b. Lighting impacts on turtles

Artificial light pollution has been identified as a major threat to sea turtles in the

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Recovery Plan for Marine Turtles in Australia (2017) as it disturbs critical behaviour. For example, artificial lighting can disrupt nesting behaviour of adult females and can misorient hatchlings emerging from the nest, resulting in an increased risk of predation, exhaustion, dehydration, or being crushed by vehicles on roads (DoEE, 2020b). Development of the proposed marina may result in an increase in artificial light, with subsequent impacts to the flatback turtle rookeries at Cemetery Beach and Spoil bank. This is further exacerbated by the loss of the primary dune at Cemetery Beach during the 2018/19 cyclone season, which previously provided some protection from artificial light.

The Artificial Lighting Impact Assessment Report (RPS 2020) submitted to inform the Port Hedland Spoilbank Marina proposal identifies the requirement to prepare an artificial light management plan, inclusive of biological and artificial light monitoring and auditing requirements, in accordance with the National Light Pollution Guidelines for Wildlife Including Marine Turtles, Seabirds and Migratory Shorebirds (DoEE, 2020b). The plan should include any baseline monitoring conducted of the existing light environment, to ensure mitigation and management strategies will result in no increase in the artificial light environment at Cemetery beach and the Spoilbank during the nesting and hatchling season (01 November to 31 March).

c. Marine fauna monitoring

The Environmental Protection Authority's advice for the proposal (20 April 2020) identifies the proponent's commitment to undertake a:

a. marine fauna monitoring program detailing the management measures for

marine fauna and providing for marine exclusion zones; and b. post-construction turtle monitoring program with Care for Hedland

Environmental Association, in consultation with the DBCA.

The fauna monitoring plan should be prepared in accordance with the DBCA's Turtle Monitoring Field Guide (Edition No.8), and monitoring should be conducted during and post-construction.

d. Matters of National Environmental Significance

Flatback turtles are matters of national environmental significance (MNES) protected under the Commonwealth EPBC Act. It is understood that the Commonwealth Department of Agriculture, Water and the Environment is currently assessing this proposal under the EPBC Act concerning potential impacts on MNES.

e. As the reused dredge spoil has the potential to produce leachate that contains

elevated concentrations of metals, even under near-neutral pH conditions, the Department of Water and Environmental Regulation (DWER) recommends that the developer carry out leaching tests on the proposed spoil. This will mean that the spoil is allowed to oxidise (for at least the period of time indicated for chip trays in the national guidance document), and is then subjected to leaching tests such as the ASLP test. The proponent will need to ensure that drainage from areas with reuse is not allowed to discharge directly to the marine environment. This issue is discussed in the national dredging guidance document.

f. Although not of direct environmental concern, the DWER also notes that the

developer should be reminded that dredge spoil may not be suitable as construction fill if it contains S levels in excess of about 0.2%. This is because

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chemical reactions between the soil and soil minerals and concrete infrastructure can cause soils and concrete to swell. This issue is also discussed in the national dredging guidance document.

g. Possible Contamination

The proposed construction area is within Lot 370 on Deposited Plan 35619. Lot 370 is awaiting classification under the Contaminated Sites Act 2003 (CS Act) due to potential contamination issues in several lease areas including a diesel spill, raw sewage spill and disposal of dredging sediments. Limited information is available regarding the nature and extent of contamination. The DWER notes that the CEMP includes a summary of sediment and groundwater investigations which have been completed and which are described as not having identified possible contamination sources or concentrations of substances above adopted assessment levels and/or ambient levels. The DWER acknowledges that the CEMP includes monitoring requirements for a range of potential contaminants for sediment and groundwater, and an unexpected finds protocol should contamination or hazardous materials be encountered.

Based on the available information, the investigations undertaken do not appear to identify contamination issues. However, without more detailed information (such as a conceptual site model demonstrating appropriate selection of contaminants of potential concern and basis of adopted assessment levels), the DWER is not able to confirm this or whether sediments are suitable for reuse as fill material.

h. In the event there are modifications to the proposal that may have implications on

aspects of environment and/or water management, the Department of Water and Environmental Regulation should be notified to enable the implications to be assessed.

i. The Town of Port Hedland’s Public Open Space Strategy has identified the need

for Public Open Space and associated infrastructure to be maintained by the developer for a minimum of five years due to the harsh climate which consists of extreme temperatures, intermittent and low rainfall and cyclones.

j. A Building Permit is required for, but not limited to:

a. Retaining walls over 500mm; b. Light posts; c. Fencing; d. Signage; and e. Toilet and change room buildings.

The Town of Port Hedland’s preference is for useable ‘clean’ surplus dredge material to be allocated for reuse at east Port Hedland urban development areas. The Report Recommendation LAPSED for want of a mover and a seconder. ALTERNATE MOTION Moved by: Mr Tony Arias Seconded by: Mr Justin Page That the Regional JDAP resolves to:

• Approve DAP Application reference DAP/20/01818 and accompanying plans contained in Attachment 5 in accordance with Clause 68 of Schedule 2 (Deemed

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Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Town of Port Hedland Local Planning Scheme No. 5, subject to the following conditions:

Conditions The following conditions shall be cleared prior to commencement of site works: 1. The developer shall prepare a revised Construction Environmental Management

Plan (CEMP) to the specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall address the following:

a. Update section 2.3.3, bullet point 5 (3) to extend the dates which lighting

controls and/or motion sensors are utilized to keep areas dark, to 1 November to 31 March, to cover both nesting and hatchling seasons

b. Communications plan with surrounding landowners and occupiers; c. The Town being provided with a report within three days of any complaint

received, detailing the nature of the complaint and a detailed description of how the complaint was resolved or is being managed;

d. The Town being notified of any breaches that may impact on surrounding sensitive receptors within 24 hours of the incident;

e. The Town being provided with advanced notification of any project scheduling changes that may impact the community, prior to the event so that adequate information can be communicated to the public if required or public concerns can be addressed if received;

f. The proposed haulage road through Lot 501 Morgans Street, Port Hedland shall be referenced and included as a site to be managed under the plan;

g. The Town being provided with a detailed program of works which identifies proposed work days and hours, and if required (due to out of hours noise generating activities, an application is made for a Section 13 Construction Noise Management Plan approval under the Environmental Protection (Noise) Regulations 1997;

h. Detailed information regarding the noise monitoring activities to be undertaken and noise control strategies to be implemented; and

i. Detailed information on site preparedness for cyclone season and preparation/procedures for securing at risk items in the event of an imminent cyclone.


2. The developer shall prepare a revised Dust Management Plan (DMP) to the

specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall address the following:

a. The proposed haulage road through Lot 501 Morgans Street, Port Hedland

shall be referenced and included as a site to be managed under the plan; b. The Town being provided with a report within three days of any complaint


c. The Town being notified of any breaches that may impact on surrounding sensitive receptors within 24 hours of the incident;


e. All access roads shall be sealed for a distance of 50 metres into the site (prior

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to the commencement of operations) and f. Other areas prone to generate dust emissions.

The approved DMP shall be implemented and complied with at all times.

3. The developer shall prepare a revised Dredge Environmental Management Plan

(DEMP) to the specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall include the following:




The approved DEMP shall be implemented and complied with at all times. 4. The developer shall prepare a Surplus Material Management Plan (SMMP) for

management and relocation of surplus dredge material or excavated soil to be disposed of off-site, to the specification of Department of Water and Environmental Regulation and satisfaction of the Town of Port Hedland. The approved SMMP shall be implemented and complied with at all times.

5. The developer shall prepare a Construction Waste Management Plan (CWMP) to

the specification and satisfaction of the Town of Port Hedland for approval. The approved CWMP shall be implemented and complied with at all times.

6. Detailed marine infrastructure plans shall be submitted to the Town of Port Hedland

to ensure integration of the marina and landside developments. The following conditions shall be cleared prior to commencement of landside/ landscaping works: 7. The developer shall submit a revised set of civil works plans to the specification and

satisfaction of the Town of Port Hedland for approval and shall address the following:

a. Stormwater management details; b. Correction of cross-sections; c. Plan legend update; d. Dust control and water quality control details; e. Signage, crossover, landscaping, parking, vehicle manoeuvring, line marking

and pavement details; and f. Lux diagram.


8. The developer shall submit a revised set of detailed landscaping plans to the

specification and satisfaction of the Town of Port Hedland for approval and shall address the following:

g. Wheelchair access to shaded benches and event areas; h. Additional ramps adjacent to stairs; i. Rock sizes and fixing;

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j. Mulching areas; and k. Root barriers.


9. The developer shall provide a public art concept plan to the specification and

satisfaction of the Town of Port Hedland for approval. The public art concept plan shall contain details of the proposed public art to a minimum value in accordance with Local Planning Policy LPP/04 – Percent for Public Art. The approved artwork shall be completed prior to occupation or use of the development and maintained thereafter to the specification and satisfaction of the Town of Port Hedland.

The following conditions shall be cleared prior to the occupation or use of the site: 10. The developer shall prepare an Operational Artificial Light Management Plan

(ALMP) for the flatback turtle rookery at Spoilbank and Cemetery Beach. This shall be prepared in accordance with the National Light Pollution Guidelines for Wildlife Including Marine Turtles, Seabirds and Migratory Shorebirds (DoEE, 2020b) in consultation with the Department of Biodiversity, Conservation and Attractions (DBCA), and to the satisfaction and approval of the Town of Port Hedland. The approved ALMP shall be implemented and complied with at all times.

11. The developer shall prepare a Marine Fauna Monitoring Program (MFMP) to the

specification of the Department of Biodiversity, Conservation and Attractions, and to the satisfaction and approval of the Town of Port Hedland. The approved MFMP shall be implemented and complied with at all times.

12. An asset register and maintenance schedule plan shall be prepared for the

development to the specification and satisfaction of the Town of Port Hedland. 13. The developer shall make suitable arrangements to adjust the land tenure

boundaries and reserve purpose to the satisfaction of the Town of Port Hedland. 14. Detailed signage and wayfinding plans shall be prepared and submitted to the

satisfaction of the Town of Port Hedland for approval. Development shall be in accordance with the approved plans.

15. The developer shall submit a revised detailed design and management plan for the

ceremonial fire pit, to the specification and satisfaction of the Town of Port Hedland for approval. Development shall be in accordance with the approved plans.

16. The developer shall stabilize, to the specification and satisfaction of the Town of

Port Hedland, all unsealed areas identified within the development envelope (including split revetment area) which may generate dust or be prone to erosion.

17. The developer shall prepare a Coastal Hazard Risk Management and Adaptation

Plan (CHRMAP) for the spoilbank to the specification and satisfaction of the Town of Port Hedland for approval. The CHRMAP shall include public consultation and an adaptation strategy in accordance with the marina master plan.

General Conditions 18. The development shall be maintained by the developer to the minimum standards

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identified in the approved maintenance schedule plan for five (5) years following completion of the development, to the satisfaction of the Town of Port Hedland.

19. Any amendments to the approved plans, including but not limited to the inclusion

or removal of infrastructure, assets and buildings, shall be submitted by the developer prior to works commencing, to the specification and satisfaction of the Town of Port Hedland for approval.






the Development Area shall be retained at all times to the specification and satisfaction of the Town of Port Hedland, including but not limited to areas of public open space, access roads, shade structures, bins, the Port Hedland Yacht Club (including disabled bays) and TS Pilbara leasehold areas. If public access to roads or other amenities is required to be restricted for construction purposes, the developer shall provide alternative access to enable continued public enjoyment of the Spoilbank to the specification and satisfaction of the Town of Port Hedland.

Advice Notes 1. A significant rookery for flatback turtles (Natator depressus) is located at Cemetery


2. Lighting impacts on turtles

Artificial light pollution has been identified as a major threat to sea turtles in the Recovery Plan for Marine Turtles in Australia (2017) as it disturbs critical behaviour. For example, artificial lighting can disrupt nesting behaviour of adult females and can misorient hatchlings emerging from the nest, resulting in an increased risk of predation, exhaustion, dehydration, or being crushed by vehicles on roads (DoEE, 2020b). Development of the proposed marina may result in an increase in artificial light, with subsequent impacts to the flatback turtle rookeries at Cemetery Beach and Spoil bank. This is further exacerbated by the loss of the primary dune at Cemetery Beach during the 2018/19 cyclone season, which previously provided some protection from artificial light.

The Artificial Lighting Impact Assessment Report (RPS 2020) submitted to inform the Port Hedland Spoilbank Marina proposal identifies the requirement to prepare

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an artificial light management plan, inclusive of biological and artificial light monitoring and auditing requirements, in accordance with the National Light Pollution Guidelines for Wildlife Including Marine Turtles, Seabirds and Migratory Shorebirds (DoEE, 2020b). The plan should include any baseline monitoring conducted of the existing light environment, to ensure mitigation and management strategies will result in no increase in the artificial light environment at Cemetery beach and the Spoilbank during the nesting and hatchling season (01 November to 31 March).

3. Marine fauna monitoring






4. Matters of National Environmental Significance


5. The surplus material management plan referred to in Condition 4 will need to

include a monitoring program to be implemented prior to and subsequent to the relocation of the material. Monitoring requirements should consider understanding changes in the material as it oxidises and should facilitate potential future reuse. The Town of Port Hedland’s preference is for useable ‘clean’ surplus dredge material to be allocated for reuse at east Port Hedland urban development areas.

6. Possible Contamination

The proposed construction area is within Lot 370 on Deposited Plan 35619. Lot 370 is awaiting classification under the Contaminated Sites Act 2003 (CS Act) due to potential contamination issues in several lease areas including a diesel spill, raw sewage spill and disposal of dredging sediments. Limited information is available regarding the nature and extent of contamination. The DWER notes that the CEMP includes a summary of sediment and groundwater investigations which have been completed and which are described as not having identified possible contamination sources or concentrations of substances above adopted assessment levels and/or ambient levels. The DWER acknowledges that the CEMP includes monitoring requirements for a range of potential contaminants for sediment and groundwater, and an unexpected finds protocol should contamination or hazardous materials be encountered.

Based on the available information, the investigations undertaken do not appear to identify contamination issues. However, without more detailed information (such as a conceptual site model demonstrating appropriate selection of contaminants of potential concern and basis of adopted assessment levels), the DWER is not able

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21 September 2020


to confirm this or whether sediments are suitable for reuse as fill material. 7. In the event there are modifications to the proposal that may have implications on


8. In relation to the maintenance period specified in Condition 18, the Town of Port

Hedland’s endorsed Public Open Space Strategy has identified the need for Public Open Space and associated infrastructure to be maintained by the developer for a minimum of five (5) years due to the harsh climate which consists of extreme temperatures, intermittent and low rainfall and cyclones.

9. A Building Permit is required for, but not limited to:


AMENDING MOTION 1 Moved by: Mr Tony Arias Seconded by: Commissioner Fred Riebeling That condition no. 8 be amended to read as follows: The developer shall submit a revised set of detailed landscaping plans to the specification and satisfaction of the Town of Port Hedland for approval and shall address the following:

g. a. Wheelchair access to shaded benches and event areas; h. b. Additional ramps adjacent to stairs; i. c. Rock sizes and fixing; j. d. Mulching areas; and k. e. Root barriers.

All works shall be completed in accordance with the approved detailed landscaping plans, prior to the use of the site to the satisfaction of the Town of Port Hedland. The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: To correct administrative error. AMENDING MOTION 2 Moved by: Mr Tony Arias Seconded by: Mr Justin Page That condition no. 10 be amended to read as follows:

The developer shall prepare an Operational Artificial Light Management Plan (ALMP) for the flatback turtle rookery at Spoilbank and Cemetery Beach. This shall be prepared in accordance with the National Light Pollution Guidelines for Wildlife Including Marine Turtles, Seabirds and Migratory Shorebirds (DoEE, 2020b) in consultation with the Department of Biodiversity, Conservation and Attractions (DBCA), and to the satisfaction and approval of the Town of Port

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Hedland. This shall ensure the protection and management of the site's environmental assets. The approved ALMP shall be implemented and complied with at all times.

The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: This sentence was an objective and should not form part of the condition. AMENDING MOTION 3 Moved by: Mr Justin Page Seconded by: Mr Tony Arias That condition no. 4 be amended to read as follows:

The developer shall prepare a Surplus Material and Transportation Management Plan (SMMP) for management and relocation of surplus dredge material or excavated soil to be disposed of off-site, to the specification of Department of Water and Environmental Regulation and satisfaction of the Town of Port Hedland. The approved SMMP shall be implemented and complied with at all times.

The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: To ensure potential amenity impacts arising from how surplus material from the approved development is transported is addressed within this Management Plan. AMENDING MOTION 4 Moved by: Mr Justin Page Seconded by: Mr Tony Arias That condition no. 19 be deleted and the remaining conditions be renumbered accordingly. The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: The condition was not required. AMENDING MOTION 5 Moved by: Mr Justin Page Seconded by: Mr Tony Arias That a new condition no. 23 (now condition no. 22) be added to read as follows:

All existing onsite septic systems to be decommissioned and removed to the satisfaction of the Town of Port Hedland.

The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: To ensure any onsite systems no longer required are appropriately decommissioned and removed. AMENDING MOTION 6 Moved by: Mr Tony Arias Seconded by: Commissioner Fred Riebeling

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That advice note no. 2 be deleted and the remaining advice notes be renumbered accordingly. The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: Adequately covered by condition no. 10 and other legislation. AMENDING MOTION 7 Moved by: Mr Tony Arias Seconded by: Mr Justin Page That advice note no. 5 (now advice note no. 4) be amended to read as follows:

The surplus material management plan referred to in Condition 4 should will need to include a monitoring program to be implemented prior to and subsequent to the relocation of the material. Monitoring requirements should consider understanding changes in the material as it oxidises and should facilitate potential future reuse. The Town of Port Hedland’s preference is for useable ‘clean’ surplus dredge material to be allocated for reuse at east Port Hedland urban development areas.

The Amending Motion was put and CARRIED UNANIMOUSLY. REASON: Now reads as an advice note, not a condition. REPORT RECOMMENDATION (AS AMENDED) That the Regional JDAP resolves to:

• Approve DAP Application reference DAP/20/01818 and accompanying plans contained in Attachment 5 in accordance with Clause 68 of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015, and the provisions of the Town of Port Hedland Local Planning Scheme No. 5, subject to the following conditions:

Conditions

The following conditions shall be cleared prior to commencement of site works: 1. The developer shall prepare a revised Construction Environmental Management

Plan (CEMP) to the specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall address the following:

a. Update section 2.3.3, bullet point 5 (3) to extend the dates which lighting

controls and/or motion sensors are utilized to keep areas dark, to 1 November to 31 March, to cover both nesting and hatchling seasons

b. Communications plan with surrounding landowners and occupiers; c. The Town being provided with a report within three days of any complaint

received, detailing the nature of the complaint and a detailed description of how the complaint was resolved or is being managed;

d. The Town being notified of any breaches that may impact on surrounding sensitive receptors within 24 hours of the incident;

e. The Town being provided with advanced notification of any project scheduling

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changes that may impact the community, prior to the event so that adequate information can be communicated to the public if required or public concerns can be addressed if received;

f. The proposed haulage road through Lot 501 Morgans Street, Port Hedland shall be referenced and included as a site to be managed under the plan;

g. The Town being provided with a detailed program of works which identifies proposed work days and hours, and if required (due to out of hours noise generating activities, an application is made for a Section 13 Construction Noise Management Plan approval under the Environmental Protection (Noise) Regulations 1997;

h. Detailed information regarding the noise monitoring activities to be undertaken and noise control strategies to be implemented; and

i. Detailed information on site preparedness for cyclone season and preparation/procedures for securing at risk items in the event of an imminent cyclone.


2. The developer shall prepare a revised Dust Management Plan (DMP) to the

specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall address the following:

a. The proposed haulage road through Lot 501 Morgans Street, Port Hedland

shall be referenced and included as a site to be managed under the plan; b. The Town being provided with a report within three days of any complaint


c. The Town being notified of any breaches that may impact on surrounding sensitive receptors within 24 hours of the incident;


e. All access roads shall be sealed for a distance of 50 metres into the site (prior to the commencement of operations) and

f. Other areas prone to generate dust emissions.

The approved DMP shall be implemented and complied with at all times. 3. The developer shall prepare a revised Dredge Environmental Management Plan

(DEMP) to the specification and satisfaction of the Town of Port Hedland (the Town) for approval. This shall include the following:




The approved DEMP shall be implemented and complied with at all times. 4. The developer shall prepare a Surplus Material Management and Transportation

Plan (SMMP) for management and relocation of surplus dredge material or excavated soil to be disposed of off-site, to the specification of Department of Water and Environmental Regulation and satisfaction of the Town of Port Hedland. The approved SMMP shall be implemented and complied with at all times.

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5. The developer shall prepare a Construction Waste Management Plan (CWMP) to the specification and satisfaction of the Town of Port Hedland for approval. The approved CWMP shall be implemented and complied with at all times.

6. Detailed marine infrastructure plans shall be submitted to the Town of Port Hedland

to ensure integration of the marina and landside developments. The following conditions shall be cleared prior to commencement of landside/ landscaping works: 7. The developer shall submit a revised set of civil works plans to the specification and

satisfaction of the Town of Port Hedland for approval and shall address the following:

a. Stormwater management details; b. Correction of cross-sections; c. Plan legend update; d. Dust control and water quality control details; e. Signage, crossover, landscaping, parking, vehicle manoeuvring, line marking

and pavement details; and f. Lux diagram.


8. The developer shall submit a revised set of detailed landscaping plans to the

specification and satisfaction of the Town of Port Hedland for approval and shall address the following:

a. Wheelchair access to shaded benches and event areas; b. Additional ramps adjacent to stairs; c. Rock sizes and fixing; d. Mulching areas; and e. Root barriers.


9. The developer shall provide a public art concept plan to the specification and

satisfaction of the Town of Port Hedland for approval. The public art concept plan shall contain details of the proposed public art to a minimum value in accordance with Local Planning Policy LPP/04 – Percent for Public Art. The approved artwork shall be completed prior to occupation or use of the development and maintained thereafter to the specification and satisfaction of the Town of Port Hedland.

The following conditions shall be cleared prior to the occupation or use of the site: 10. The developer shall prepare an Operational Artificial Light Management Plan

(ALMP) for the flatback turtle rookery at Spoilbank and Cemetery Beach. This shall be prepared in accordance with the National Light Pollution Guidelines for Wildlife Including Marine Turtles, Seabirds and Migratory Shorebirds (DoEE, 2020b) in consultation with the Department of Biodiversity, Conservation and Attractions (DBCA), and to the satisfaction and approval of the Town of Port Hedland. The approved ALMP shall be implemented and complied with at all times.

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11. The developer shall prepare a Marine Fauna Monitoring Program (MFMP) to the

specification of the Department of Biodiversity, Conservation and Attractions, and to the satisfaction and approval of the Town of Port Hedland. The approved MFMP shall be implemented and complied with at all times.

12. An asset register and maintenance schedule plan shall be prepared for the

development to the specification and satisfaction of the Town of Port Hedland. 13. The developer shall make suitable arrangements to adjust the land tenure

boundaries and reserve purpose to the satisfaction of the Town of Port Hedland. 14. Detailed signage and wayfinding plans shall be prepared and submitted to the

satisfaction of the Town of Port Hedland for approval. Development shall be in accordance with the approved plans.

15. The developer shall submit a revised detailed design and management plan for the

ceremonial fire pit, to the specification and satisfaction of the Town of Port Hedland for approval. Development shall be in accordance with the approved plans.

16. The developer shall stabilize, to the specification and satisfaction of the Town of

Port Hedland, all unsealed areas identified within the development envelope (including split revetment area) which may generate dust or be prone to erosion.

17. The developer shall prepare a Coastal Hazard Risk Management and Adaptation

Plan (CHRMAP) for the spoilbank to the specification and satisfaction of the Town of Port Hedland for approval. The CHRMAP shall include public consultation and an adaptation strategy in accordance with the marina master plan.

General Conditions 18. The development shall be maintained by the developer to the minimum standards

identified in the approved maintenance schedule plan for five (5) years following completion of the development, to the satisfaction of the Town of Port Hedland.






the Development Area shall be retained at all times to the specification and satisfaction of the Town of Port Hedland, including but not limited to areas of public open space, access roads, shade structures, bins, the Port Hedland Yacht Club (including disabled bays) and TS Pilbara leasehold areas. If public access to roads or other amenities is required to be restricted for construction purposes, the

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developer shall provide alternative access to enable continued public enjoyment of the Spoilbank to the specification and satisfaction of the Town of Port Hedland.

22. All existing onsite septic systems to be decommissioned and removed to the satisfaction of the Town of Port Hedland.

Advice Notes 1. A significant rookery for flatback turtles (Natator depressus) is located at Cemetery


2. Marine fauna monitoring






3. Matters of National Environmental Significance


4. The surplus material management plan referred to in Condition 4 should include a

monitoring program to be implemented prior to and subsequent to the relocation of the material. Monitoring requirements should consider understanding changes in the material as it oxidises and should facilitate potential future reuse. The Town of Port Hedland’s preference is for useable ‘clean’ surplus dredge material to be allocated for reuse at east Port Hedland urban development areas.

5. Possible Contamination

The proposed construction area is within Lot 370 on Deposited Plan 35619. Lot 370 is awaiting classification under the Contaminated Sites Act 2003 (CS Act) due to potential contamination issues in several lease areas including a diesel spill, raw sewage spill and disposal of dredging sediments. Limited information is available regarding the nature and extent of contamination. The DWER notes that the CEMP includes a summary of sediment and groundwater investigations which have been completed and which are described as not having identified possible contamination sources or concentrations of substances above adopted assessment levels and/or ambient levels. The DWER acknowledges that the CEMP includes monitoring requirements for a range of potential contaminants for sediment and groundwater,

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21 September 2020


and an unexpected finds protocol should contamination or hazardous materials be encountered.

Based on the available information, the investigations undertaken do not appear to identify contamination issues. However, without more detailed information (such as a conceptual site model demonstrating appropriate selection of contaminants of potential concern and basis of adopted assessment levels), the DWER is not able to confirm this or whether sediments are suitable for reuse as fill material.

6. In the event there are modifications to the proposal that may have implications on


7. In relation to the maintenance period specified in Condition 18, the Town of Port

Hedland’s endorsed Public Open Space Strategy has identified the need for Public Open Space and associated infrastructure to be maintained by the developer for a minimum of five (5) years due to the harsh climate which consists of extreme temperatures, intermittent and low rainfall and cyclones.

8. A Building Permit is required for, but not limited to:


The Report Recommendation (as amended) was put and CARRIED UNANIMOUSLY. REASON: The Regional JDAP recognised the scale and complexity of the project. The Regional JDAP was satisfied that the proposal complied, and that from examination of the proposed conditions (as amended) and discussion with the Responsible Authority and Applicant, that all issues were satisfactorily addressed and resolved. 9. Form 2 – Responsible Authority Reports – DAP Amendment or Cancellation

of Approval

Nil

10. State Administrative Tribunal Applications and Supreme Court Appeals The Presiding Member noted the following SAT Applications -

Current SAT Applications

File No. & SAT DR No.

LG Name

Property Location Application Description

Date Lodged

DP/14/00039 DR 65/2020

Shire of York

Lots 4869 (2256), 5931, 9926 (2948) and 26934 Great Southern Highway, St Ronans

Construction and Use of Allawuna Farm for the purposes of a Class II Landfill

28 July 2020

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11. General Business

The Presiding Member announced that in accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

12. Meeting Closure

There being no further business, the Presiding Member declared the meeting closed at 10:55am.

Regional Joint Development Assessment Panel Minutes...Meeting No. 13 21 September 2020 Ms Kanella...

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