SLIPWAY VESSEL STORAGE AND MAINTENANCE INFORMATION PACK1)_1.pdf · SLIPWAY VESSEL STORAGE AND...

SLIPWAY VESSEL STORAGE AND MAINTENANCE

INFORMATION PACK

Kimberley Ports Authority (KPA) Contact:

Operations Department

Location: 401 Port Drive Port of Pearls House (Upstairs)

Phone: (08) 9194 3100

Emergency Contact: 0417 173 679

Email: [email protected]

mailto:[email protected]

SLIPWAY AND STORAGE AREA INFORMATION PACK

File ref: LAN073/114855

Version: 1.0

Issue date: September 2016

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TABLE OF CONTENTS

1. INTRODUCTION ........................................................................................................... 3

2. SUPPORTING DOCUMENTS ....................................................................................... 3

3. BACKGROUND ............................................................................................................. 3

4. STORING VESSELS AT THE STORAGE AREA ........................................................... 3

4.1. Retrieval of Vessels using Slipway .......................................................................... 3

4.2. Storage Options ...................................................................................................... 4

4.3. Use of Hardstand .................................................................................................... 4

4.4. Storage Conditions ................................................................................................. 4

4.5. Usage Fee - Charges .............................................................................................. 5

4.6. How to Make Payment ............................................................................................ 5

4.7. What if I can’t afford to pay for storage or removal of my vessel? ........................... 6

4.8. Slipway Ramp Charges .......................................................................................... 6

4.9. Jinkers .................................................................................................................... 6

4.10. Insurance ............................................................................................................ 6

5. ACCESS ........................................................................................................................ 7

6. CCTV ............................................................................................................................. 7

7. CONTAMINATED SITE ................................................................................................. 7

8. VESSEL MAINTENANCE, BUILDING AND REPAIR ..................................................... 8



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1. INTRODUCTION

This document provides information on the Port of Broome Slipway and Storage Area (as

shown in the General Arrangement Plan enclosed and marked IP1 (Storage Area)) and how

it can be accessed by businesses and private individuals to store and maintain vessels.

2. SUPPORTING DOCUMENTS

This information pack incorporates the following documents:

IP1 - General Arrangement Plan for Slipway Storage Area

IP2 - Terms and Conditions of Use of the Slipway and Storage Area

IP3 - Application Form Part One and Part Two

IP4 - Process Flowchart

IP5 - Usage Fees Table

IP6 – HSE Slipway Guidelines

IP7 – Slipway Asbestos Site Management Plan

3. BACKGROUND

The Port of Broome slipway (Slipway) and Storage Area is located on land which is vested in

the Kimberley Ports Authority (KPA).

The Slipway and Storage Area are important infrastructure to vessels and businesses

operating in Australia’s North-West and KPA would like to allow vessel maintenance, repair

and building (Vessel Works), storage and retrieval to continue at the Slipway and Storage

Area in a manner which complies with good work practices and relevant legislation, such as

the Environmental Protection Act.

This information pack summarises the terms, conditions and processes which will need to be

complied with by persons wishing to store and maintain vessels on the Storage Area.

All authorised users need to complete a port induction and hold a Port Induction Card. Any

visitors to the Slipway must be supervised by the authorised users.

4. STORING VESSELS AT THE STORAGE AREA

The retrieval of recreational vessels not being stored or worked on at the Slipway is strictly

prohibited except in an emergency or adverse weather conditions.

4.1. Retrieval of Vessels using Slipway

Commercial vessels up to 10mtrs may be retrieved on the Slipway without a works permit,

provided a road legal (registered) trailer or a Jinker designed for that vessel and suitable for

recovering that vessel in a safe manner is used.

Vessels of 10mtrs or greater can only be recovered using the Slipway after first obtaining a

works permit from KPA.



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4.2. Storage Options

KPA has identified 35 Bays on the Storage Area suitable for storing vessels and equipment.

A plan showing the Storage Area Bays is enclosed with this Information Pack and Identified

as IP1.

The Bays range in size from 40 square metres to 200 square metres. The Bay sizes have

been adopted to allow more efficient management of the Storage Area and to provide Storage

Area users with greater certainty as to the likely cost of storing their vessel on port lands.

4.3. Use of Hardstand

The concrete hardstand area plays an important role in allowing Vessel Works (see section 8

below) to be carried out in a way which does not pollute the environment. Consequently, KPA

will only permit the hardstand to be used for short periods. A fee of $66.00 including GST per

day (or part thereof) will apply to vessels located on the hardstand. Vessels exceeding the

approved period will be required to pay a rate of $99 including GST per day for an additional

2 days, then $132 including GST per day until removed.

The fees associated with the use of the hardstand are in addition to general usage fees.

Anyone wishing to use the hardstand will need to complete a Permit to Work form and meet

other requirements in accordance with section 8 below.

Please note that KPA can order the removal of the vessel from the hardstand at the owners

cost at any time. If the owner fails to remove a vessel, then KPA can have the vessel removed,

sold or otherwise disposed of at the owner’s risk and cost.

4.4. Storage Conditions

Anyone wanting to store a vessel or other equipment on the Storage Area must:

a) consider The Terms and Conditions for Use of the Slipway and Storage Yard

(enclosed and marked IP2);

b) complete Part 1 – Application Form and Part 2 – Contract Formation, copies of which

are enclosed and marked IP3;

c) submit the completed forms to [email protected] or drop the

forms off at the Operations building between 8:00 and 13:30 Monday to Friday

(Excluding Public Holidays). The Operations Building is identified on Image 1 below;

and

d) Pay the usage fees described below.

KPA will then assess the application and notify the applicant confirming whether a Bay is

available and the Bay number, or if the application has otherwise been declined. Usage Fees

will apply from the date of allocation.

A flowchart summarising the process is provided in IP4.




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Image 1.

4.5. Usage Fee - Charges

The costs of storing a vessel on port lands (Usage Fee) as at 10 October 2016 are as follows:

Bay size (m2) Annual Fee (Incl GST)

Monthly Fee (Incl GST)

40 $1,729.33 $144.11

52 $2,248.14 $187.34

60 $2,594.00 $216.17

91 $3,934.24 $327.85

105 $4,539.50 $378.29

119 $5,144.77 $389.76

200 $7,860.61 $428.73

A Usage Fee Schedule is enclosed and marked IP5.

Storage will otherwise be on a minimum monthly rate in advance. Payments must be made in

full in advance based on the estimated storage requirements as agreed with KPA.

4.6. How to Make Payment

Storage Area users will need to pay through KPA’s website either online or in person at the

Operations Office.

All bookings must be pre-paid using BPoint. Use the following link to access BPoint and

complete the required details.



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https://www.bpoint.com.au/payments/KimberleyPorts

A receipt number will be issued and you will need to present a copy of your receipt when

contacting the Operations office at Port of Broome.

Please use the Biller code 1336601 for Broome Port Slipway payments.

A copy of the receipt will be emailed to the email address entered on the BPoint payment

page.

Proof of Payment will be required prior to approval being given to access the Slipway.

4.7. What if I can’t afford to pay for storage or removal of my vessel?

If this unfortunate circumstance occurs, then it is likely that after consulting with the vessel

owner, KPA will have the vessel either sold or disposed of at the vessel owner’s cost and risk.

Further detail is provided in clause 7 of the Terms and Conditions (IP2).

4.8. Slipway Ramp Charges

Persons storing their vessel on the Slipway with KPA’s approval will not be required to pay for

the use of the Slipway ramp.

4.9. Jinkers

The retrieval of vessels with a Jinker is an activity which needs to be conducted in a

professional and safe manner. It is likely that persons wishing to hire out Jinkers to third parties

will be required to obtain a license from KPA and provide comfort to KPA that:

the Jinkers are fit for use;

the Jinker owner has the appropriate insurance; and

Vessels are being retrieved and launched in a safe manner.

If it proves challenging to establish licensed operators for the Jinkers KPA will consider

alternatives in consultation with Slipway users. A co-op is an example of an alternative.

4.10. Insurance

The User shall effect and maintain any insurance cover designated by KPA and the User shall

comply with any requirements promptly.

Non Commercial User:

The User (non-commercial) must effect and maintain a Public/General Liability insurance

policy or an alternative Marine Liability insurance policy covering the legal liability of the User

arising from the use of Equipment, hardstands, the storage and repair/maintenance operations

https://www.bpoint.com.au/payments/KimberleyPorts



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of Vessels (including pleasure and water crafts) within the Slipway and Storage Area for an

amount not less than $10 million any one occurrence.

The policy must extend to cover the KPA as principal to the extent of its vicarious liability

arising from the negligent act or omissions of the User arising from the use, access and

occupation of the Slipway and Storage Area.

Motor Vehicle Third Party Liability insurance covering legal liability against property damage

and bodily injury to or death of persons (other than compulsory third party motor vehicle

insurance) caused by motor vehicles used by the User within the Slipway and Storage Area

for an amount not less than $30 million any one occurrence or accident.

Commercial User:

The User (commercial) must effect and maintain Public/General Liability insurance or an

alternative commercial marine liability insurance policy covering the legal liability of the User

and the User’s Associates arising from the use, access and occupation of the Slipway and

Storage Area, use of Equipment, hardstands, the storage and repair/maintenance operations

of Vessels within the Slipway and Storage Area for an amount not less than $10 million any

one occurrence. The policy must extend to cover the KPA as principal to the extent of its

vicarious liability arising from the negligent act or omissions of the User and the User’s

Associates arising from the use, access and occupation of the Slipway and Storage Area.

Motor Vehicle Third Party Liability insurance covering legal liability against property damage

and bodily injury to or death of persons (other than compulsory third party motor vehicle

insurance) caused by motor vehicles used by the User or the User’s Associates within the

Slipway and Storage Area for an amount not less than $30 million any one occurrence or

accident.

Where appropriate, the User must also effect and maintain any other relevant insurance

considered to be industry best practice for commercial Users performing Vessel Maintenance,

Building and Repairs and any other related services within the Slipway and Storage Area.

5. ACCESS

Access to the Slipway Area by land is through a gate. The gate is locked by KPA every evening

at 6pm and unlocked at 6am. Emergency access can be arranged by approaching KPA’s

security gatehouse.

6. CCTV

Slipway Area users should note that the Slipway Area is under CCTV surveillance and that by

entering onto the Slipway Area they are consenting to being filmed.

7. CONTAMINATED SITE

The Department of Environment and Regulation (DER) has classified the Port of Broome

Slipway as possibly contaminated investigation required. The contaminants found from soil



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samples include; hydrocarbons (such as from diesel or oil), metals, organochlorine pesticides

and asbestos containing materials (ACM). Further investigations into asbestos concluded that

calculated concentrations of asbestos in soil did not exceed the adopted HSL at any of the 30

sample locations. There is however, surface asbestos present in and around the rockwall

which KPA mitigates through regular ACM pickups through a licensed contractor, signage and

the permit to work system.

A range of remediation works has been undertaken at the site including; installation of 100mm

layer over a large proportion of the site, levelling of gravel pavement to designated drainage

outlet locations and formalisation of drainage outlets. DER has since advised KPA that on the

basis of the mitigation works KPA has undertaken that it considers the site suitable for

continued use as a commercial slipway and boat storage yard.

There is asbestos signage at the Slipway advising of the presence of asbestos on site. Slipway

Users should not disturb the ground or armour wall, if works involving disturbing the ground

are required, this must be approved by KPA prior to the works commencing. The presence of

asbestos pieces should be reported to KPA so that KPA can arrange for the asbestos to be

removed.

KPA has a Slipway Asbestos Site Management Plan which is enclosed and marked IP7.

8. VESSEL MAINTENANCE, BUILDING AND REPAIR

KPA will be permitting Vessel Works on the Slipway Storage Area under strict controls. Vessel

Works will need to comply with a range of obligations including the Port Standards and

Procedures, the Terms and Conditions for Use of the Slipway and Storage Area, HSE Slipway

Guidelines and all relevant safety, environmental and other relevant obligations.

The HSE Slipway Guidelines is enclosed and marked IP6.



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IP1

GENERAL ARRANGEMENT PLAN FOR SLIPWAY

STORAGE AREA



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IP2

TERMS AND CONDITIONS OF USE OF THE SLIPWAY

STORAGE AREA

TERMS AND CONDITIONS FOR USE OF THE SLIPWAY AND STORAGE AREA

File Ref: LAN393/114029

Version: 3.0

Issue Date: September 2016

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KIMBERLEY PORTS AUTHORITY (ABN 56 780 427 150)

1. Definitions and Interpretation

1.1 Definitions

In these Terms and Conditions:

Act means the Port Authorities Act 1999 (WA).

Application means the KPA's standard form headed "Application to Use Slipway

Area" as amended from time to time.

Associates means:

(a) in the case of a User's associates, all employees, invitees, contractors and agents of a User who have entered the Port for any purposes associated with the User's interests, business or other activities; and

(b) in the case of the KPA, the KPA's officers and employees.

KPA's Fees and Charges means the fees and charges contained in the KPA's scale of fees and charges as amended from time to time, copies of which are available on the KPA's website at http://www.broomeport.com or may be obtained on request from the Port.

Consequential Loss means any incidental, punitive, special or economic loss,

expense or damage including loss of profit, loss of revenue or loss of opportunity, whether direct or indirect, suffered by anyone (including third parties) as a result of any negligent, tortious or otherwise wrongful act or omission of any kind.

Contaminants means any substance in, on or under land or water, either in soil,

seabed or groundwater, at or above background concentrations that presents a risk:

(a) of harm to the environment or any environmental value; and

(b) of rendering land or the environment:

(i) unsafe or unfit for or likely to cause harm to humans or other living things;

(ii) degraded in any way, including its capacity to support plant life;

(iii) unsuitable for the use to which the contaminated land is, or can be put; or

(iv) diminished in value, or

(c) of harm to human health.



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Contract has the meaning given in clause 1.3 and includes any other agreement

made between the KPA and the User with respect to use of the Slipway Area.

Costs and Losses means all losses, damages, costs, charges, expenses and other

expenditure of whatever nature (including all legal fees, costs and disbursements on the higher of a full indemnity basis and a solicitor and own client basis, determined without taxation, assessment or similar process and whether incurred by or awarded against a party) whether:

(a) arising from or in connection with any demand, notice proceeding or claim or not;

(b) liquidated or not;

(c) present, prospective or contingent; or

(d) owed, incurred or imposed by or to or on account of or for the account of any person alone or severally or jointly with another or others.

Emergency means an event, threat or contingency that the KPA considers imminent

and will or may adversely affect or endanger any one or more of:

(a) the health or safety of any person;

(b) private or public property of any kind; or

(c) the environment,

in or around the Port.

Environmental Law means a law relating to any aspect of the environment or health.

Equipment means any plant, machinery or equipment in the Slipway Area at any time

(including Jinkers) whether owned, vested in, managed, leased or otherwise controlled by the KPA, the User or anyone else.

Force Majeure Event means any situation that has arisen due to something beyond

the reasonable control of a party or its Associates which interferes with or prevents the performance by a party of any one or more of its obligations under these Terms and Conditions. However, the expression shall not include:

(a) the inability of a party, for whatever reason, to pay money it is obliged to pay; or

(b) the inability of either party to perform one or more of its obligations due to any negligent or wrongful act or omission on the part of the other party or any of its Associates.

Harbour Master means the harbour master appointed pursuant to the Act and any

deputy harbour master or other person carrying out the harbour master's functions from time to time.



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Hazardous Substance includes any fuels, radioactive substances, industrial waste,

volatile, inflammable or explosive substances, chemicals, and associated items of a hazardous or potentially hazardous nature.

Jinker means any jinker, boat trailer, boat trolley or similar contrivance.

Pollution has the same meaning as that expression is given in the Environmental

Protection Act 1986 (WA).

Port means the Port of Broome in Western Australia and any land, water or seabed that is owned by, vested in, occupied or controlled by the KPA from time to time (including the Slipway Area, the Storage Area and any Equipment).

Port Induction Cards means any induction cards required by the KPA for security purposes, such Port Induction card, and any identity cards required under the Maritime Transport and Offshore Facilities Security Act 2003. These cards are given once an individual has completed the KPA Port Induction.

Port Standards and Procedures means all obligations, standards, rules, powers,

practices and procedures relating to operations, environmental protection, traffic, security, emergencies, health, safety, welfare or other matters concerning the Port that are put in place by the KPA from time to time and communicated to the User including any details published on the KPA's website at http://www.broomeport.com (details of which shall be deemed to have been communicated as soon as they are published on the website).

Port User means any person in the Port at any time.

Remediation has the same meanings as that expression is given in the Contaminated Sites Act 2003 (WA) and includes the management of any contaminated site.

Slipway means the slipway located at the Slipway Area.

Slipway Area means that part of the Port known as the Slipway Area and being the

area shown on the plan annexed to these Terms and Conditions.

Storage Area means the storage and laydown areas located in the Slipway Area.

Terms and Conditions means these terms and conditions for the use of the Slipway

and Storage Area.

Uncontrolled Escape shall have the meaning given in clause 8.2.

Usage Fee means the fee (if any) payable from time to time for use of all or any part of the Slipway Area or any Equipment as specified in the KPA's Fees and Charges.

User means any person who:

(a) enters or uses the Slipway Area for any purpose; and



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(b) any person who uses or wishes to use any of the Equipment for any purpose.

Vessel means any vessel visiting the Port.

1.2 Interpretation

In these Terms and Conditions unless the context indicates a contrary intention:

(a) headings are for convenience only and do not affect interpretation;

(b) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits all of them jointly and each of them severally;

(c) a person includes a company, firm, unincorporated association or government body;

(d) a reference to any party shall mean and include a reference to that party, its successors, assigns, personal representatives and transferees as the case may be;

(e) a reference to a clause or annexure is a reference to a clause in or an annexure to this document;

(f) a reference to any statute or regulation shall include a reference to any amendment, re-enactment or extension thereof or any statutory or regulatory provision that may be substituted;

(g) words importing the singular shall include the plural (and vice versa), and words indicating a gender include the other gender;

(h) the word includes in any form is not a word of limitation;

(i) a person or body which has ceased to exist or has been reconstituted, amalgamated, reconstructed or merged, or the functions of which have become exercisable by any other person or body in its place, shall be taken to refer to the person or body established or constituted in its place or by which its functions have become exercisable;

(j) any rights or obligations of a party included in these Terms and Conditions are equally applicable to that party's Associates at all times when such persons are acting on behalf of, or with the express or implied authority of, that party;

(k) any rights that the KPA may have that arise out of these Terms and Conditions are in addition to any other rights that the KPA has at law and in equity;

(l) where the KPA's consent or approval is required by these Terms and Conditions, then the KPA may, in its absolute discretion, grant or withhold its consent or approval subject to any conditions that it considers appropriate; and



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(m) nothing in or arising out of these Terms and Conditions obliges the KPA to exercise any legal powers it may have under any circumstances.

1.3 Application and Contractual Force of these Terms and Conditions

(a) A contract that incorporates these Terms and Conditions (Contract) shall automatically and irrevocably bind a User as soon as any of the following events occur or arise out of an Application:

(i) any conditional or unconditional authorisation or permit is given to the User or anyone else by the KPA, its Harbour Master or any other officer of the KPA with respect to entering or using the Slipway Area, the Storage Area or any Equipment; or

(ii) the User (or anyone engaged by, employed by or contracted to the User) enters the Slipway Area or commences use of the Slipway Area, the Storage Area or any Equipment (including any activity of a preliminary nature),

and the Contract shall also comprise the details contained in any relevant Application (including any additional details or revisions to that Application that arise during the application process) together with the KPA's Fees and Charges.

(b) Every User obligation set out in this document is an essential term of the Contract.

(c) For the purposes of clarity the Contract:

(i) is intended to irrevocably bind anyone who chooses to enter the Slipway Area for any purpose regardless of whether or not they have made an Application; and

(ii) is intended to continue to bind each User after any applicable licence period under clause 3.1 expires or is terminated.

(d) The KPA may, in its absolute discretion from case to case, enforce, ignore or otherwise deal with any rights that it may have as a consequence of any breach of these Terms and Conditions by the User or any other Port User.

1.4 Act prevails

All of the KPA's rights, powers, defences, immunities, indemnities or limitations of liability under the Act augment the KPA's rights and powers under these Terms and Conditions and the parties agree that nothing in or arising out of these Terms and Conditions in any way:

(a) diminishes the KPA's rights, powers, defences, immunities, indemnities or limitations of liability under the Act; or

(b) fetters any discretions that the KPA has under the Act; or



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(c) precludes the KPA from accessing, relying upon or using any of its rights, powers, defences, immunities, indemnities or limitations of liability under the Act in relation to any matter concerning the Port, the Slipway Area, Users or any matter arising out of or relating to these Terms and Conditions,

and if there is any inconsistency between anything in these Terms and Conditions and anything in the Act, then the Act shall always prevail.

2. No Warranties or Representations

The Applicant acknowledges and agrees that:

(a) the KPA does not owe the Applicant any duty of care in relation to the Slipway Area;

(b) the KPA does not warrant, represent or otherwise hold out that the Slipway Area or anything in the Slipway Area is safe;

(c) the KPA does not warrant, represent or otherwise hold out that the Slipway Area or anything in the Slipway Area is suitable for any use or purpose;

(d) if it enters or uses the Slipway Area it does so on each occasion entirely at its own risk and will have no legal recourse against the KPA or any of the KPA's officers or employees in cases where any person is injured or where any property is damaged (regardless any cause of action that may exist in occupiers or negligence and regardless of any cause of action that may arise out of any wrongful acts or omissions on the part of the KPA or any of its officers, employees or contractors).

3. Licence to use Slipway Area

3.1 Licence

Subject to these Terms and Conditions, the User has a contractual licence to enter and use the Slipway Area and the Storage Area and the term of the licence shall, in the absence of any written agreement to the contrary that comprises part of the Contract, run for the following period (unless terminated earlier):

(a) the term designated by the KPA in any authorisation or permit that arises out of any Application (Fixed Term); or

(b) a term that runs from at the will of the KPA being a term that the KPA can terminate with immediate effect at any time and for any reason by the KPA giving the User notice of termination (being a notice that the KPA may give verbally or in writing at the KPA's discretion) (Ad Hoc Term).

In cases where a Fixed Term or an Ad Hoc Term has expired or has been terminated, the Contract shall continue to bind the User every time that the User or any of its Associates enters the Slipway Area after the time of expiry or termination (Expiry Point). In the absence of any new Fixed Term being designated by the KPA after an



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Expiry Point, the Ad Hoc Term shall apply on every occasion that the User or any of its Associates enters the Slipway Area.

3.2 Suspension

(a) The KPA may suspend the User's rights of use and access to the Slipway Area and anywhere else in the Port if the KPA (acting in good faith) considers it necessary to do so for reasons of safety, efficiency, security, damage to anything in the Port or any Emergency and the suspension shall continue until the KPA considers the suspension is no longer necessary (Suspension Direction).

(b) The User shall ensure that it and its Associates comply with any Suspension Direction immediately. The KPA shall include in a Suspension Direction details of the reason for the suspension, the work or activity that is suspended and the estimated period of the suspension.

4. Rights and Obligations

4.1 Availability

(a) Use of the Slipway, Storage Area and Equipment is always subject to availability and suitability. The KPA may determine availability and suitability in its absolute discretion.

(b) Without limiting clause 3.2 in any way, if the KPA considers it necessary for any reason, the KPA may at any time withdraw, reallocate, terminate or otherwise vary or modify any usage or access rights that are granted with respect to the Slipway, Storage Area, the Equipment Facilities or anything else in the Port.

(c) If the KPA exercises any of its rights under clause 4.1(b), nothing relieves the User from any liability accrued and nothing entitles the User to any Costs and Losses.

4.2 Extra Requirements

If the KPA considers that a User should use certain services, extra resources or equipment in order to ensure safety, environmental protection, security, operational efficiency, general expediency or User compliance with these Terms and Conditions or any laws or industry standards (Extra Requirements) then the User shall promptly utilise and otherwise comply with any Extra Requirements that are imposed by the KPA and the User shall pay any fees for the Extra Requirements prescribed in KPA's Fees and Charges.

4.3 User's General Obligations

The User shall ensure that it and its Associates:

(a) have checked the Slipway Area, the Storage Area and any Equipment prior to use and are satisfied that any parts of the Slipway Area, the Storage Area



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or the Equipment that the User or any of its Associates wish to use or occupy are in all respects safe (the risks being assumed in all respects by the User);

(b) complete a works permit for any activities that require are, as per the KPA HSE Slipway Guidelines;

(c) have appropriate supporting documentation to ensure the activities are being undertaken in a safe and environmentally considerate manner. This may include material safety data sheets (MSDS) for any chemicals being used and safe operating procedures (SOP’s) or a job hazard analysis (JHA) which explains how any safety and environmental concerns or hazards are being controlled;

(d) if undertaking any activity which disturbs the soil or any excavation activities, that specific approval for this is sought by KPA and that supporting documentation that addresses asbestos and contamination management is addressed;

(e) have all the training, expertise, licences and permits necessary to carry out any activity in the Slipway Area including but not limited to the Contractor’s Handbook and requisite permits;

(f) are properly supervised and are fit for work when carrying out any activity in the Slipway Area;

(g) carry out all activities in the Slipway Area in a safe and environmentally friendly manner and with a high degree of skill, competence and professionalism;

(h) only use the Equipment for its intended purpose;

(i) are not under the influence of alcohol or drugs at the Slipway, Slipway Area or Storage Area;

(j) do not use the Slipway Area for entertaining;

(k) do not bring children or persons not actively involved in activities properly associated with slipway activities into the Slipway Area or Storage Area;

(l) remove all rubbish and waste from the Slipway Area and Storage Area at their own cost; and

(m) not consume alcohol or other drugs in the Slipway Area.

4.4 No Obstruction or Interference

The User shall ensure that neither it nor any of its Associates obstructs or interfere with:

(a) the KPA;

(b) any other activities or operations in the Port; or



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(c) any other Port User, vessel, person or property in the Port,

except to the extent absolutely necessary to comply with the User's obligations.

4.5 No Damage

(a) The User shall ensure that neither it nor any of its Associates damages anything in the Slipway Area or elsewhere in the Port.

(b) If the User breaches clause 4.5(a) then, without prejudice to any of the KPA's other rights or remedies, the KPA may:

(i) direct the User to replace or repair anything that is damaged by the User or any of its Associates (Repair Direction) and the User shall comply with any Repair Direction as soon as practicable and comply with any deadlines or conditions that the KPA may impose with respect to the replacement or repair works (Works Conditions); or

(ii) elect to carry out the repair and replacement works itself in which case the User shall pay the KPA's reasonable costs associated with any repair or replacement works within 14 days of receiving a request or demand for payment from the KPA,

and in cases where the User is given a Repair Direction and fails to comply with any deadlines or other Works Conditions then the KPA may, after giving the User at least 48 hours’ notice, step in and complete or rectify the replacement or repair works (Step-in Works) and the User shall pay the KPA's reasonable costs associated with the Step-in Works within 14 days of receiving a request or demand for payment from the KPA.

(c) Unless otherwise directed by the KPA or agreed by the parties in writing, the User shall ensure that all replacement or repair works carried out pursuant to any Repair Direction:

(i) comprise goods and materials that are new and of a high quality; and

(ii) are carried out in a professional manner by suitably qualified and experienced personnel.

4.6 Directions

(a) The User shall ensure that it and its Associates comply with:

(i) the KPA's Port Standards and Procedures (which augment the KPA’s rights and powers under the Contract);

(ii) all directions given by the KPA or any of its Associates in relation to matters concerning safety, Port security, environmental protection or any Emergency or hazard that is perceived in good faith by the KPA;



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(iii) all directions given by the KPA in relation to the day-to-day control of vehicle and pedestrian traffic within the Port;

(iv) all directions given by the Harbour Master; and

(v) all directions, regulations and notices made or given by any authority having jurisdiction over anything in the Port.

(b) The User acknowledges that the User's obligation to comply with the KPA's Port Standards and Procedures and directions shall prevail in the event of any actual or apparent conflict with any right given to the User under the Contract.

(c) If the User or any of its Associates fail to comply with a direction by the KPA, then the KPA and its Associates may do everything that the KPA considers necessary in order to give effect to the direction, including:

(i) removing or relocating any property in the possession, custody or control of the User or its Associates to anywhere within or outside the Port; and

(ii) taking preventative or precautionary action of any kind; and

(iii) conducting maintenance or repair works.

(d) Without limiting the KPA's other rights and remedies, the User shall promptly reimburse the KPA for all of its Costs and Losses that arise out of anything done by the KPA or its Associates under this clause.

4.7 Compliance with all laws

The User shall ensure that it and its Associates comply with all laws.

4.8 KPA's access rights

The User shall ensure that it and all of its Associates give the KPA and its Associates and contractors prompt access to:

(a) any property or equipment in the Port that is used, occupied or controlled by the User; and

(b) any information in the User's possession, custody or control,

that the KPA reasonably requires in order to check and monitor the User's compliance of its obligations under the Contract.

4.9 No nuisance

A User shall not do or permit anything to be done which may reasonably be considered noxious, noisome, offensive or a nuisance to the KPA or any other Port User.



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4.10 Notification of accidents, damage or contamination

As soon as a User or any of its Associates become aware of any Contamination, damage to anything, injury to any person or any circumstances likely to cause any damage or injury (Event):

(a) the User shall immediately advise the KPA of the details; and

(b) if the User or any of its Associates are involved in any Event, then the User shall provide a detailed written report to the KPA in respect of the Event within 24 hours of the User being requested to do so by the KPA.

4.11 Responsibility for operations

(a) A User shall be exclusively responsible for managing and controlling:

(i) all activities and operations conducted at the Slipway by it and any of its Associates (Works);

(ii) those parts of the Slipway that are used in connection with the carrying out of any Works(Works Area);

(iii) all of its Associates during Works; and

(iv) all issues and risks associated with the workplace health and safety of its Associates while they are in Works Area while Works are being carried out.

(b) Nothing in this clause affects a User's obligation to comply with any orders or directions that may be given by the KPA or any of its Associates from time to time pursuant to the Contract (Orders and Directions) and nothing relating

to the Orders and Directions in any way diminishes a User's exclusive responsibility for management and control of Operations and the Operating Areas while any Operations are being carried out.

(c) All activities to ensure compliance with KPA’s HSE Slipway Guidelines (Guidelines). In the event of a conflict between these Terms and Conditions and the Guidelines these Terms and Conditions shall predominate.

4.12 Alterations and installations

A User shall not be entitled to demolish, construct, alter or modify anything in the Slipway Area or elsewhere in the Port unless the User has obtained the prior written consent of the KPA.

4.13 Vehicles

(a) A User who brings a vehicle into the Port shall comply with:

(i) posted speed limits and traffic signs; and



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(ii) directions given by the KPA and any of its Associates, including any direction to move a vehicle.

(b) If a User collides with another vehicle or any object in the Port, the User shall immediately advise the KPA of the particulars of the accident in addition to any obligation to report the accident under legislation.

(c) A User shall only park a vehicle in a designated parking area and in no circumstances shall a User park a vehicle so as to obstruct any traffic or at a dangerous location.

5. Environmental

5.1 Compliance

(a) Except in relation to any activity authorised by licence or authority from any governmental, semi-governmental, statutory, local or public authority, the User shall:

(i) not (other than as approved by the KPA) use, permit or allow anything in the Port to be used so that:

A. Contaminants are discharged in contravention of any Environmental Law; or

B. Pollution occurs; or

C. any Contaminant is abandoned or dumped in the Port; or

D. any industrial waste or potentially Hazardous Substance is handled in a manner which is likely to cause an environmental hazard;

(ii) Where the KPA reasonably considers that any part of the Port has been polluted by a Contaminant due to the actions of the User or any of its Associates, or there has been a breach of this clause, then the User shall if directed to do so by the KPA:

A. obtain the report of an expert environmental auditor accredited under the Environmental Law or other environmental report reasonably satisfactory to the KPA, identifying the cause, nature and extent of any such pollution or breach;

B. take all steps to discontinue the probable cause of the Pollution or breach; and

C. take all steps to Remediate the Pollution or rectify the breach to a standard reasonably required and approved by the KPA.



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(iii) Where the User has not carried out a Remediation of Pollution in accordance with clause 5.1(a)(ii)C within a time which is reasonable in the opinion of the KPA, the User shall permit the KPA and any of its Associates to undertake, at the User's cost, a Remediation of the affected areas to the condition that they were in prior to the Pollution. The User shall pay the KPA's reasonable costs associated with the Remediation works within 14 days of receiving a request or demand for payment from the KPA

5.2 Uncontrolled Escape

The User shall take all necessary precautions and appropriate action to avoid and prevent the uncontrolled escape of anything that is potentially dangerous, inflammable or capable of causing loss or damage of any kind to people, property or the environment (Uncontrolled Escape). If any Uncontrolled Escape does occur for any

reason then the User shall, at its own cost, take immediate action to stop the escape and rectify and repair any loss or damage arising including cleaning up and reinstate the Facility and any parts of the Port which may be affected. Without limiting these obligations in any way, the User shall:

(a) take all reasonable precautions against causing an outbreak of fire; and

(b) clean the Facilities and return the waters or other affected area to a standard and condition that is consistent with the state they would have been in if the Uncontrolled Escape had not occurred.

5.3 Rubbish and Dust

With respect to any activities carried out by the User or any of its Associates:

(a) the User shall ensure that the Slipway Area and all other areas of the Port are left free from dust and shall ensure that all rubbish and trade waste is stored in proper receptacles; and

(b) The User shall ensure that proper measures are taken to control dust.

6. Safety and Security Measures

6.1 Safety

(a) The User shall ensure that it and all of its Associates who work in the Port on a part time or full time basis are fully trained in any safety and emergency response procedures that may be required by the KPA.

(b) When undertaking activities at the Slipway users must ensure they adopt safe work practices and maintain a safe work environment for themselves and other users.

(c) A work permit for required activities to be undertaken, submitted to KPA and KPA approval obtained prior to any works being undertaken at the Slipway. Supporting documentation, such as a job hazard analysis (JHA) should also



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be submitted when required to outline how the activity will be completed safely and with consideration to the environment.

(d) There is asbestos containing material and contaminated soils at the Slipway. Disturbance of the soil must be avoided. If there is an activity which involves disturbance or excavation of the soil, the person undertaking the activity must fill out a permit to KPA prior to the activity occurring. A JHA outlining how the risks will be managed must also be attached to the permit.

6.2 Security

(a) The User shall ensure that it and all of its Associates who work in the Port on a part time or full time basis comply fully with all security requirements of the KPA.

(b) This will include, but not be limited to, ensuring any associates accessing the site are aware of the Slipway Terms and Conditions and completed relevant documentation.

6.3 Induction

A User shall ensure that it and its Associates undertake the KPA Port Induction and any other relevant training, prior to entering the Port or particular areas of the Port if required to do so by the KPA from time to time.

6.4 Port Induction Cards

(a) The User is responsible for obtaining and paying for Port Induction Cards for each of its Associates who are in the Port.

(b) The User shall ensure that none of its Associates enter the Port unless they hold and carry valid Port Induction Cards.

6.5 Cyclone Season

All users must ensure the equipment on their sites are appropriately secured and tied down in preparation of, and during cyclone season.

7. Abandoned Property

(a) If a User or its Associates bring any property into the Slipway Area or elsewhere in the Port and that property remains in the Slipway Area or in the Port for a period that exceeds the permitted term then, if the KPA wishes the property to be removed and:

(i) has given written notice to the User requesting the User to remove the property and the User has not complied within 30 days of the request being made; or

(ii) has not received any contact from the User and has made reasonable efforts to contact the User,



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then the KPA may deem the property to be abandoned (Abandoned Property Goods) and the User shall be deemed to have unequivocally and irrevocably waived their right to assert any property rights to the Abandoned Property as against the KPA.

(b) The KPA may in its absolute discretion deal with any Abandoned Property as if it were the owner and its rights shall include the right to remove the Abandoned Property and store, sell, gift or dispose of the Abandoned Property free of all encumbrances and interests.

(c) The KPA is not liable to any User, the owner of the property or anyone else for Costs and Losses that arise out of or in connection with any Abandoned Property, including any act or omission (negligent, tortious or otherwise) on the part of the KPA or its Associates while exercising the KPA's rights under this clause.

(d) Without limiting any of the KPA's other rights and remedies, any User who is responsible for any Abandoned Property shall reimburse the KPA for all of its Costs and Losses that arise out of or in connection with the Abandoned Property, including any act or omission (tortious or otherwise) by the KPA or any of its Associates while exercising any rights under this clause.

(e) If the KPA sells any of the Abandoned Property, the proceeds after deducting the KPA's Costs and Losses (Net Proceeds) shall be kept aside for the User or owner of the Abandoned Property for at least 12 months from the date the Abandoned Property is sold (12 Month Period). The KPA shall, within the

12 Month Period, use its reasonable endeavours to contact and notify the User or owner of the sale of the Abandoned Property and of the KPA's possession of the Net Proceeds. If the Net Proceeds are not claimed by the User or owner of the property within the 12 Month Period then, on expiry of the 12 Month Period, the KPA may deal with the Net Proceeds in any way it sees fit and the KPA shall not be liable to anyone who later claims any rights to the Net Proceeds.

(f) Nothing in this clause shall be interpreted to:

(i) require the KPA to sell any property in preference to any other thing the KPA is entitled to do under this clause;

(ii) make the KPA a trustee in relation to any property; or

(iii) make the KPA a bailee in relation to any property.

8. Usage Fees

8.1 Payment

(a) A User shall pay to the KPA any Usage Fee applicable to its use of the Slipway or the Storage Area or both and payment shall be made without set-off (whether at law or in equity) and free from any deductions whatsoever. Unless otherwise agreed in writing, payment shall be made within 30 days.



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(b) If any of the User's property remains in the Slipway Area or elsewhere in the Port for a period that exceeds the permitted term then the KPA may continue to render invoices to the User on account of any Usage Fees and the User shall pay each invoice on the date that is the earlier of:

(i) the date that is 7 days after the date on which the relevant invoice is rendered; and

(ii) the date on which the User's property is removed.

8.2 Interest on overdue moneys

Without prejudice to any other rights, powers and remedies that the KPA may have under the Contract or otherwise, the User agrees to pay to the KPA on demand interest on any moneys that are due but unpaid for 7 days by the User to the KPA on any account whatsoever. Interest shall be calculated on the outstanding balance from the due date for the payment of the moneys until payment has been made in full. For the purpose of this clause interest means the rate that is 4% above the Reserve Bank

of Australia's "Cash Rate Target" at the time the outstanding balance is paid.

9. Goods and Services Tax

9.1 Definitions

Unless clearly indicated to the contrary, GST and other terms used in this clause 8

(and in other provisions of this Lease where the GST meanings are expressly intended) have the meanings ascribed to those terms by the A New Tax System (Goods and Services Tax) Act 1999 or any replacement or other relevant legislation and regulations.

9.2 GST Payable

If GST becomes payable by the supplier of any supply that it makes under, in connection with or resulting from this Lease (Supplier), the parties agree that

(a) any consideration provided for that supply under this Lease other than under this clause 9.2 or any value deemed for GST purposes in relation to that supply (Agreed Amount) is exclusive of GST;

(b) an additional amount shall be payable by the recipient of the supply (Recipient) equal to the Agreed Amount for that supply multiplied by the applicable rate of GST;

(c) the additional amount is payable in the same manner as for the Agreed Amount and at the same time as any part of the Agreed Amount is to be first provided for that supply; and

(d) the Supplier shall provide, on or prior to the due date for payment, a tax invoice to the Recipient that complies with the requirements of relevant legislation.



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9.3 Variation

If, following the payment of an additional amount pursuant to clause 9.2(a) in relation to a supply made by the Supplier, the GST payable by the Supplier to the Australian Taxation Office in respect of that supply varies from the total consideration provided by the Recipient to the Supplier on account of GST on that supply such that:

(a) the Supplier is required to pay a further amount of GST in respect of that supply; or

(b) the Supplier receives a refund or credit of the whole or any part of the GST paid by the Supplier in relation to that supply,

then the Supplier shall provide a corresponding refund or credit to or shall be entitled to receive the amount of that variation from the Recipient (as appropriate). For the purposes of calculating variations under this clause, any additional amount referred to in clause 9.2 is taken to be amended by the amount of any earlier variation made under this clause.

10. Insurance

10.1 Insurance cover

If required by the KPA, the User shall effect and maintain any insurance cover designated by the KPA and the User shall comply with any requirements promptly.

10.2 Claims

If requested by the KPA, the User shall make and pursue a claim under its insurance policies in circumstances where:

(a) a breach of the Contract has occurred and some or all of the resulting loss or damage (Loss or Damage) is covered under the User's insurance policies;

(b) there are reasonable prospects of the claim succeeding; and

(c) some or all of the proceeds from a successful claim could be applied towards any Loss or Damage,

however, this clause shall not apply in circumstances where the User is ready willing and able to pay for the Loss or Damage on its own account.

11. Force Majeure

A party shall not be in breach or default of any obligation under these Terms and Conditions in circumstances where the party's compliance with the particular obligation was interfered with or delayed or prevented by a Force Majeure Event. Any party which is unable to comply with any obligation under these Terms and Conditions due to a Force Majeure Event shall advise the other party promptly and shall use its best endeavours to overcome the Force Majeure Event and resume its ability to comply with all its obligations under these Terms and Conditions as soon as possible.



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12. Indemnity and Liability

Except to the extent caused or contributed to by the KPA or any of its Associates, the User shall indemnify the KPA and keep the KPA indemnified from and against all actions, claims, notices, demands, losses, damages, costs and expenses of whatever nature (including the legal cost of defending or settling any action, claim or demand on a solicitor/client basis) that the KPA may suffer or incur as a result of anything arising out of the use of the Slipway Area, the Storage Area, the Equipment or anything else in the Port by the User or any of its Associates. This indemnity is a continuing obligation that is independent from any of the User's other obligations and shall survive termination of the Contract.

13. Limitations and Exclusions

13.1 Limitations and exclusions

Regardless of any contributing acts or omissions on the part of the KPA or any of its Associates (regardless of how negligent, tortious or otherwise wrongful the acts or omissions may be), without limiting anything in clause 2, the KPA shall not owe the User or any of its Associates any duty of care in relation to, or be responsible for or liable to the User for:

(a) injury or damage to property arising out of the use of any aspect of the Slipway Area or the Equipment;

(b) anything arising out of the activities, acts or omissions of any Port customer, Port User or Port entrant while they or any of their employees, agents or contractors are in the Port (regardless of how negligent, tortious or otherwise wrongful the activities, acts or omissions may be);

(c) anything arising out of any Port access or egress delays or delays of any other kind that occur in relation to anything concerning the Port including any vessel delays or delays caused by or arising out of any shutdowns, breakdowns, construction works, earth works, demolitions, road closures or product or materials handling exclusion zones;

(d) anything arising out of the temporary or permanent closure of any part of the Port for any reason;

(e) anything arising out of the theft or disappearance of anything that is in the possession, custody or control of the User or any of its Associates while that property is in the Port (except theft by any KPA employee);

(f) anything arising out of any security breach, security failure or lack of security anywhere in the Port;

(g) any interruption or breakdown with respect to the supply of water, gas, electricity, phone service, lighting or other services in the Port;

(h) any loss or damage suffered by the User or any of its Associates as a consequence of any breakage, blockage or overflow of any sewer,



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stormwater drain, waste drain or pipe or any water run off from any other parts of the Port or surrounding areas;

(i) any loss or damage suffered by the User or any of its Associates as a consequence of any contamination of fuel or other products in the Port; or

(j) anything arising out of the loss of any Port customer or any temporary or permanent downturn in trade, Vessel visits or the loss of any business opportunities in the Port.

13.2 Acknowledgements

(a) Nothing obliges the KPA to stop (either temporarily or permanently) any third party from commencing or carrying on any activity in the Port in order:

(i) to enable the User or any of its Associates to do anything; or

(ii) to protect the User's or any of its Associates interests or protect any property owned by or in the possession, custody or control of the User or any of its Associates.

(b) Nothing precludes the KPA from granting third parties rights to use any part of the Port or anything in the Port for any purpose.

(c) Nothing in or arising out of the Contract or these Terms and Conditions creates any duty of care in favour of the User.

(d) Nothing in or arising out of the Contract or these Terms and Conditions creates or imports any implied obligations or implied responsibilities of any kind on the part of the KPA.

(e) The KPA shall not be liable to the User for Consequential Loss in any circumstances.

(f) The User shall not under any circumstances take action, sue or initiate any proceedings against any director of the KPA with respect to any personal injury suffered by the User or any of its Associates while in the Port. This provision is intended to be an absolute bar to all claims (whether arising at law or in equity) and the KPA and the User acknowledge and agree that this provision is intended to confer a direct benefit on each director of the KPA from time to time with the intention that a director can personally enforce this provision against the User in the same manner as if the director was a party to the Contract between the KPA and the User. This clause 13.2(f) does not apply in cases where a director physically inflicts injury to any person.

13.3 Qualifications

Clauses 2, 13.1 and 13.2 are intended to provide the KPA and its directors with absolute and complete defences and limitations to any claims that the User may have against the KPA or its directors at law or in equity in relation to the matters covered in those clauses (Excluded Matters) and the defences and limitations shall be available

to the KPA and its directors as complete defences and absolute bars to any claims



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that the User may have or make with respect to the Excluded Matters including claims in negligence, occupiers liability or any other tort and claims pursuant to any other cause of action available to the User at law or in equity.



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Annexure A

Plan of Slipway Area



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11

IP3

APPLICATION FORM PART ONE AND PART TWO

Broome Port Services


File ref: LAN393/

Version: 1.0 / 114028

Issue date: July 2016

Part One*

APPLICATION FORM

(This Application must be completed and submitted to the Kimberley Ports Authority (KPA) before any use of KPA's slipway or associated storage and laydown areas (Slipway Area) commences. The term "Slipway Area" is more fully defined in KPA's Terms and Conditions for Use of the Slipway and Storage Yard referred to in Part Two of this Application Form).

* Please note that this Application comprises two parts, being this Application Form (Part One) and the Contract Formation Section (Part Two). By signing and submitting this Application, the Applicant acknowledges receipt of KPA’s Terms and Conditions for Use of the Slipway and Storage Yard annexed to the Contract Formation Section and agrees to be bound irrevocably by the terms and conditions set out in the Contract Formation Section.

Section 1 - Applicant's Details (all information must be completed) Name (Natural Person or Company): (Applicant)

Contact Person & Position:

Postal Address:

Residential Address:

Phone:

E-mail:

Mobile:

Section 2 - Slipway Use and Storage

Preferred Bay No.:

Storage Area Required (m2):

Period Required (from): (to):

Vessel Name:

Cost estimate:

Responsible Person:

Section 3 - Attachments

Copies of Insurance

Insurances approved by KPA Commercial Department (attach email confirmation)

Cost Estimate approved by KPA Finance Department (attach email confirmation)

Section 4 - KPA Approval

Harbour Master (or their representative) to approve the application form once insurances have been checked and Bay number, cost and timeframes for use have been confirmed.

Harbour Master Name: _______________________________________________________________

Harbour Master Signature: ______________________________ Date: _________________________

Broome Port Services


File ref: LAN393/

Version: 1.0 / 118059

Issue date: July 2016

Part Two*

CONTRACT FORMATION SECTION

As soon as any of the following events occur or arise out of this Application:

a) any conditional or unconditional authorisation is given to the Applicant or anyone else by KPA, its Harbour Master or any other officer of KPA with respect to the usage of the Slipway Area; or

b) the Applicant (or anyone employed by or contracted by the Applicant) enters the Slipway Area or commences use of the Slipway Area,

the Applicant will be bound irrevocably by a contract with KPA, which comprises the details in this Application (including any additional details or revisions to this Application that arise during the Application process) and KPA's Terms and Conditions for Use of the Slipway and Storage Yard (as amended by KPA from time to time). A copy of KPA's Terms and Conditions for Use of the Slipway and Storage Yard may be obtained from KPA's website at www.kimberleyports.wa.gov.au or by submitting a request to KPA by facsimile or telephone or by calling in person at KPA's office. By signing or otherwise submitting this Application, the Applicant acknowledges and agrees that KPA does not owe the Applicant any duty of care in relation to the Slipway Area and acknowledges that KPA does not warrant, represent or otherwise hold out that the Slipway Area or anything in the Slipway Area is safe. The Applicant also acknowledges and agrees that if it enters or uses the Slipway Area it will do so on each occasion entirely at its own risk and will have no legal recourse against KPA or any of KPA's officers or employees in cases where any person is injured or where any property is damaged (regardless any cause of action that may exist in occupiers or negligence and regardless of any cause of action that may arise out of any wrongful acts or omissions on the part of KPA or any of its officers, employees or contractors). Applicant to confirm:

Payment confirmation attached or receipt number: ____________________________

Port Induction completed and current i.e. holds a Port Induction Card.

They have read and understood KPA’s HSE Slipway Guidelines and agree to be bound by the guidelines

They have read and understood KPA Slipway Asbestos Site Management Plan and agree to by bound by this plan

Signed for and on behalf of the Applicant

Signature:

Signatory’s Name/ Company Name:

Position:

Date:

KPA Approval

Harbour Master (or their representative) to approve the formation of the contract and confirmation of payment and port induction.

Harbour Master Name: _______________________________________________________________

Harbour Master Signature: ______________________________ Date: _________________________

http://www.kimberleyports.wa.gov.au/



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12

IP4

SLIPWAY STORAGE PROCEDURE FLOWCHART

Slipway Storage Procedure

Slipway User to contact KPA to use slipway.

KPA provides user with Slipway Information Pack and annexures.

User signs KPA Application Form Part 1

and supply certificates of insurance.

Insurances reviewed and approved by KPA

commercial department.

KPA to Identify need, duration and then

allocate slipway bay to suit size of vessel.

KPA advise user to submit Application Form

Part 2.

Upfront payment for duration of storage and

current induction.

Complete Port Induction If required.

User to submit Application Form 2.

KPA Approval to use site upon proof of payment

and induction.User to slip/store vessel.

KPA to monitor and report on slipway

activities.

Slipway Users Maintenance/General Activities Procedure

Approved Slipway User to contact KPA to carry out activity.

User to complete a permit to work if

applicable.

KPA approve or decline works.

Upfront payment for duration of works.

KPA Approval to use site upon proof of

payment.

User to carry out works.

Monitor and report on slipway activities.



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13

IP5

USAGE FEES TABLE

Bay No Bay size (M2) Total per annum (Incl GST) Total per month (Incl GST)

1 52 2,248.14$ 187.34$ Per Day (or part thereof) Fee (Incl GST)

2 105 4,539.50$ 378.29$ Day one (1) 66.00$

3 105 4,539.50$ 378.29$ Day two (2) 99.00$

4 105 4,539.50$ 378.29$ Day three (3) 99.00$

5 105 4,539.50$ 378.29$ Greater than three (3) days 132.00$

6 105 4,539.50$ 378.29$

7 60 2,594.00$ 216.17$

8 105 4,539.50$ 378.29$

9 91 3,934.24$ 327.85$

10 60 2,594.00$ 216.17$

11 60 2,594.00$ 216.17$

12 60 2,594.00$ 216.17$

13 60 2,594.00$ 216.17$

14 60 2,594.00$ 216.17$

15 60 2,594.00$ 216.17$

16 60 2,594.00$ 216.17$

17 60 2,594.00$ 216.17$

18 60 2,594.00$ 216.17$

19 105 4,539.50$ 378.29$

20 105 4,539.50$ 378.29$

21 105 4,539.50$ 378.29$

22 105 4,539.50$ 378.29$

23 105 4,539.50$ 378.29$

24 40 1,729.33$ 144.11$

25 40 1,729.33$ 144.11$

26 105 4,539.50$ 378.29$

27 119 5,144.77$ 428.73$

28 200 8,646.67$ 720.56$

29 200 8,646.67$ 720.56$

30 200 8,646.67$ 720.56$

31 119 5,144.77$ 428.73$

32 119 5,144.77$ 428.73$

33 119 5,144.77$ 428.73$

34 119 5,144.77$ 428.73$

35 119 5,144.77$ 428.73$

Hardstand Fee



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14

IP6

HSE SLIPWAY GUIDELINES


File Ref: LAN73_114057

Version: 1.3

Issue Date: January 2017

Page 1 of 15

1 Introduction

The following HSE Slipway Guidelines (Guidelines) outline the occupational health and safety

(OHS) and environmental obligations for slipway users when storing vessels, undertaking

work or conducting other activities at the slipway.

The Port Slipway Terms and Conditions, which are available on the KPA website

www.kimberleyports.wa.gov.au/, outline the specific obligations for slipway users which

include;

ensuring safe work practices are adopted;

maintaining a safe work environment for themselves and other users;

not allowing any contaminants to be discharged into the environment; and

not causing pollution.

In the event a slipway user contravenes these Guidelines or the Slipway Terms and Conditions

KPA reserves all of its rights in relation to the incident and without limiting those rights may

put the slipway user on notice, seek further action or revoke the user’s access to use the

slipway.

KPA have provided the following information as a guideline only and requests that

Slipway users seek their own advice into the activities that they wish to carry out.

1.1 Undertaking activities at the Slipway:

Any persons undertaking works at the slipway must ensure they comply with the relevant OHS

and environment legislation, regulations and Australian standards. A summary of relevant

legislation is provided in Appendix A of this document.

Some works required at the slipway require a general works permit to be completed and

lodged at the operations department prior to these works commencing. A condition of the

permit is to complete a job hazard analysis (JHA), or similar document, which outlines how

the work will be done safely and how environmental impacts will be controlled and avoided. A

summary of the types of works that require a permit is provided in Appendix B.

All works that occur at the slipway that have the potential to discharge waste materials into

the marine environment must have an encapsulation method in place, i.e. tarpaulin ground

sheet and bund and a method to remove and dispose of the waste. The hardstand area is the

preferred area for activities that have the potential to discharge to the environment to occur.

The preferred process for slipway users is for vessels to be slipped, moved to hardstand where

external hull works are completed and then transferred to individual bays for storage and minor

works. In the event that potential discharge activities such as boat washing are required in

individual bays, KPA may authorise these works to occur where the slipway user can

demonstrate that appropriate controls and encapsulation measures are in place.

http://www.kimberleyports.wa.gov.au/



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2 General Guidance for Slipway use

Slipway users are required to comply with the following:

ensure only authorised personnel have access to the slipway area;

slipway users shall ensure that all rubbish and trade waste is removed by the individual

and not to be left, stored or abandoned on site. Note: KPA does not provide waste

facilities at the slipway;

good housekeeping practices must be complied with on site. This includes ensuring

the site is clean and tidy, that items are stored appropriately when not in use, that items

cannot be displaced during extreme weather conditions and that items cannot leak

resulting in contamination to the site;

not undertaking any activity which disturbs the soil or any excavation activities. This

type of activity may only occur if the slipway user has supporting documentation that

addresses how asbestos and contamination issues at the slipway will be managed and

has received specific approval by KPA;

all hazardous substances, chemicals and paints must;

o be used in compliance with the safety data sheet (SDS);

o cannot be stored at the slipway;

o when in use must be handled and stored appropriately, i.e. in a bund to prevent

spillage; and

o must be disposed of appropriately;

if vessels are being cleaned of marine growth a system to capture the residue and

growth must be implemented and then the waste appropriately disposed of. For

example a tarp/shade cloth could be laid below the craft to capture all waste;

if vessels are being maintained then a system to capture any waste for example paint

flecks, metal swarf etc. must be implemented and the waste appropriately disposed;

and

if vessels are being maintained using chemicals, acid or detergents then a system to

capture the liquid must be installed. For example, a plastic bunded plastic sheet could

be laid below the vessel and the liquid then collected and disposed of to an approved

waste removal specialist.

In addition, KPA’s Alcohol and Other Drugs Policy applies at the slipway which includes that

the consumption of alcohol and other drugs at the slipway is prohibited, that persons at the

slipway are required to be in a fit state to work and that they may be required to participate in

screening when required.

Smoking can only occur in the designated smoking area at the slipway which is located near

the entrance of the slipway.

2.1 Reporting HSE Hazards, Incidents and Emergencies To report a hazard contact KPA via:

Email: [email protected] ;or

KPA Office during office hours (08) 9194 3100.




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To report an incident or emergency contact KPA via:

On-call officer 0417 173 679; or

Gatehouse 0419 044 765.

If you are involved in or witness an incident you must report this to KPA as soon as possible. If you identify a safety, health or environment hazard on KPA lands, if possible fix the hazard and then report it to KPA. If it is not possible to fix the hazard straight away do the following:

alert others to the hazard and if appropriate consider ceasing work until the area can be made safe;

alert KPA of the hazard;

isolate the area through barricades or tagging out equipment;

if appropriate use signage; and

report the hazard to KPA and detail the actions already taken and suggest possible solutions.

In the event of spill:

stop the source (if safe to do so);

prevent it from running to other areas, stormwater drains or off-site;

clean-up the spill. Note if there are contaminated soils this must be reported to KPA prior to removing the contaminated soils; and

report the spill to KPA.

KPA has a First Aid unit at the KPA gatehouse which has a defibrillator, an emergency

response first aid pack and an oxy port.



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3 Guidance for specific slipway activities

3.1 Filling Fuel Tanks Filling of fuel tanks is prohibited in the slipway area, unless undertaken by a licensed provider. Closed containers of fuel may be taken off or on board but transference from one container, or tank, to another is forbidden within the Slipway. All fuel transported within the slipway area should be done so in accordance with relevant legislation, including

contain all fuel transported within the slipway area in tanks or jerry cans that comply

with Australian and New Zealand Standard AS/NZS 2906;

ensure the fuel container lid seals securely and is unable to shake loose during

transport;

where transport inside a vehicle is necessary, ensure the fuel container is securely

restrained on the floor and ventilation is provided; and

locate a spill response kit in the slipway area for the management of fuel spills.

3.2 Boat washing When washing boats, operators must ensure they do not discharge any pollutants listed in the Environmental Protection (Unauthorised Discharges) Regulations 2004 onto the slipway hardstand or into the marine environment, e.g. hydrocarbons, degreasers. Any pollutants classified as dangerous goods in the Dangerous Goods Safety (General) Regulations 2007 must be controlled, transported and disposed of correctly in accordance with the Dangerous Goods Safety Act 2004.

The following measures should be undertaken when boat washing:

oil, fuel and dirt should be wiped from the engine as much as possible before cleaning;

outboard motors should be washed and rinsed in a work area where the run-off into a

fully encapsulated area on top of a sealed surface;

where possible, boat decks should be rinsed with water only;

it is recommended that environmentally sensitive detergents only (e.g. low phosphate,

biodegradable) are used;

boats with antifouling material applied to the hull may only be washed down in the over

the hardstand area on the slipway, unless authorised by KPA;

only wash boats on the slipway with bunded encapsulation in place. This work is to

be done over the hardstand area, unless authorised by KPA; and

keep water use to a minimum when washing boats.

3.3 Surface preparation and cleaning

3.3.1 Removal of antifouling paint Antifouling coatings are applied with the aim of either inhibiting the settlement or the

attachment of marine biota to vessel hulls. Marine biota settlement is inhibited through the

application of paints containing toxic chemicals, such as or copper (application of tributyltin

(TBT) and Irgarol is banned on recreational vessels), which are leached into the water column.

Inhibiting the attachment of marine biota is achieved by coating vessel hulls with silicon or

other chemicals containing non-stick surface bound properties. Conventional antifouling paints



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contain biocides that are harmful to marine life. The removal of antifouling paints results in

paint debris, sludge, dust and other particles that may contribute towards water, soil and/or air

pollution in the absence of appropriate environmental management measures.

The following recommendations apply to the general removal of antifouling paint:

paint removal activities should always take place with bunded encapsulation in place

to ensure that the paint residues are collected and disposed of properly and are not

washed into the water. This work is to be done over the hardstand area on the slipway,

unless authorised by KPA;

it should be assumed that any removed antifouling coating:

- is contaminated with biocides;

- may contain TBT or lead based compounds; and vessels constructed before

the 1970s may possibly comprise a variety of hazardous chemicals including

arsenic, mercury and DichloroDiphenylTrichlorethane (DDT)

Therefore, antifouling coating should be removed within a controlled environment and

within areas that have equipment for collection of potentially contaminated wastes.

Contaminated waste must not be stored on site;

before removing antifouling paint, it is recommended that the person should be aware

of the formulation and type of antifouling paint to be removed, as the paint wastes may

be considered hazardous. If uncertain about the formulation and type of the paint

wastes, it is recommended that you dispose of paint wastes in accordance with the

Australian Standards and the products “safety sheet” provided by the manufacturer;

and

antifouling coatings should not be burnt off as this may generate highly toxic emissions.

If the paint being removed contains more than 0.5% lead content then the area being cleaned

should be totally encapsulated with a waterproof membrane and operators working inside the

encapsulating membrane should be completely protected from contact with all wastewater.

3.3.2 Removal of biological hull foulants and marine biota Marine pests are often present on the hull of vessels and when marine biota is removed can

result in odours. There may be a water quality impact if disposed of in the marine environment.

Removal of biological hull foulants and marine biota can only occur with bunded encapsulation

in place. This work is to be done over the hardstand area, unless authorised by KPA. When

removing biological hull foulants and marine biota from boats, operators must ensure they do

not discharge any pollutants listed in the Environmental Protection (Unauthorised Discharges)

Regulations 2004 onto the slipway hardstand or into the marine environment, e.g. chemicals

used to remove biological hull foulants and marine biota. Measures should be implemented

to contain and dispose of biological material removed from vessels if undertaken on the

slipway. Solids should be disposed of at the Shire of Broome Waste Management Facility.

Use environmentally sensitive detergents when removing hull foulants and marine biota.

Any pollutants classified as dangerous goods in the Dangerous Goods Safety (General)

Regulations 2007 must be controlled, transported and disposed of correctly in accordance

with the Dangerous Goods Safety Act 2004.



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If it is suspected that an introduced marine pest has been found outside known existing

locations during removal of biological hull foulants from a vessel, report the finding to the

Department of Fisheries.

3.3.3 Manual and mechanical scraping, scrubbing and cleaning Hull and deck sanding and scraping produces a range of solid wastes, including paint chips,

dust and other hull and deck sweepings. Pollution prevention and control measures should be

adopted to avoid the release of contaminants into marine waters, bottom sediments, soil and

air.

Sanding and scraping:

mechanical buffing, scraping and manual scraping methods are recommended over

pressure water blasting for hull cleaning as they allow the solid wastes to be swept or

vacuumed up for disposal.

sanders, grinders and other power tools should be fitted with dust extraction and

collection systems.

tarpaulins or rigid sheeting should be placed under the boat area being scraped or

sanded to catch the paint scrapings and dust.

work area should be vacuumed or swept regularly. Be aware of weather by wind, rain

and water runoff.

when hull repair and maintenance works are completed, the work areas must be

cleaned up by the owner or contractor and wastes should be stored and disposed. If

KPA staff are required to tidy/clean up after contractors or members a fee may be

charged.

Scrubbing and using chemical cleaners:

detergents, degreasers, strong acid or alkaline cleaning agents can be toxic to marine

life, so chemicals should only be used for severe staining that cannot be removed by

water or biological sensitive cleaners.

chemicals should not be used where they can directly enter the water. Wherever

possible, rags or a brush should be used instead.

corrosion and rust removers are strong acids and should follow manufacturers'

recommended instructions before use. Refer to manufacturers data sheets.

use of degreasers should be avoided as emulsified oils are harder to trap and treat.

it is recommended that:

- water-based or biodegradable strippers, cleaners and degreasers are used;

- phosphate free detergents are used wherever possible and scrubbed with a

soft brush to absorb the detergent;

- biodegradable spray-type cleaners that do not require rinsing are used.

3.3.4 Pressure water blasting The use of water-based pressure cleaners to clean the exterior of boats has the potential to

cause environmental harm. High-pressure water blasting also presents containment problems

caused by the wide dispersion of biological and physical materials removed from the vessel

hull during the cleaning process.

Pollutants and contaminants originating from pressure water blasting activities include:



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chemicals and additives, including detergents, solvents, caustic or acids, used in the

cleaning solution;

materials removed from the cleaning surface including biological hull foulants,

antifouling paint sludge, dirt, oil and grease; and

compounds produced as a result of reactions between the cleaning solution and the

materials removed from the boats.

It is therefore important to prevent pollutants originating from pressure water blasting activities

from entering the environment to the maximum extent practicable by:

only conducting pressure water blasting activities with bunded encapsulation in place.

This work is to occur over the hardstand area on the slipway, unless authorised by

KPA;

before commencing with pressure water blasting activities, the work surface should be

clean (i.e. free from loose material) and all solids should be swept up and binned’

moveable waterproof screens should be located alongside and behind the people

operating the hull water blasting to prevent spray drift from escaping from the work

area and settling on freshly completed work on vessels or motor vehicles in the area;

pressure water blasting operations should be avoided during windy conditions;

minimise the amount of wastewater produced during pressure water blasting by

recycling and reusing the water, if practical; and

high temperature water rather than chemicals should be used for cleaning activities.

If the surface to be cleaned contains paint with more than 0.5% lead content then the area

being cleaned should be totally encapsulated with a waterproof membrane and operators

working inside the encapsulating membrane should be completely protected from contact with

all wastewater.

When pressure water blasting boats, operators must ensure they do not discharge any

pollutants listed in the Environmental Protection (Unauthorised Discharges) Regulations 2004

onto the slipway hardstand or into the marine environment, e.g. cleaning solutions containing

solvents and/or acids, materials removed from boats such as oil and grease. A tarpaulin

should be placed under the boat when water blasting if using cleaning solutions containing

solvents, acids or other dangerous goods.




3.4 Surface coating.

3.4.1 Manual painting Painting vessel hulls and applying topside coatings may result in the concentrated release of

harmful vapours and liquids. Wastes generated by painting activities are considered

hazardous where they contain solvents and/or heavy metals.

Spray painting is not permitted at the slipway and paints cannot be stored at the slipway.

The following is suggested to reduce the potential for paint products, including the release of

harmful vapours, from entering the environment.

manual painting, using brushes and rollers is permitted.



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the application of TBT or Irgarol is banned. This ban applies from 1991 in WA;

the ANZECC Code of Practice for Antifouling and In-Water Hull Cleaning and

Maintenance is available online www.daff.gov.au/animal-plant-health/pests-diseases-

weeds/marine-pests/anti-fouling-and-inwater-cleaning-guidelines;

before applying antifouling paints, consideration should be given on using alternative

technologies, particularly those that rely on the coating's physical properties rather

than its toxicity to prevent fouling;

mix or preparation of antifouling paints on sites should be avoided at the Slipway;

paints should be mixed in drip trays under cover and in a sealed, bunded and well

ventilated area;

tarpaulins/drop sheets should be spread under the entire boat work area to collect

wastes and prevent paint drips and spills from entering the marine/land environment;

spilt paint (particularly water-based paint) should be cleaned and the remaining paint

should be allowed to dry rather than washing it;

when cleaning up after painting, it is suggested to wipe/squeeze as much paint as

possible from the brushes, trays and rollers back into the paint tin for future use;

excess paint should be painted out onto an absorbent material such as an old rag or

newspaper, and it should be allowed to dry before disposal;

when using containers filled with water to clean water based paint from brushes and

rollers, the paint solids should be allowed to settle by leaving the container overnight;

empty paint and thinner containers should be allowed to air-dry before disposal;

all paint waste, particularly antifouling paint waste, should be disposed by a license

chemical waste collector;

ensure manual painting of boats takes place at least 50 metres from the tide line;

consider using less toxic materials, e.g., water-based paints and biodegradable paint

strippers/cleaners;

switch to long-lasting, low toxicity antifouling paints; and

locate a spill response kit in the slipway area for the management of paint spills.

3.4.2 Abrasive/Grit Blasting Abrasive or grit blasting is not permitted at the Slipway.

3.4.3 Fibre glassing Fibre glassing activities are a source of hazardous volatile emissions to the environment.

Acetone (a solvent used to clean tools and other surfaces contaminated with resin) and

styrene (the volatile component of the polyester resin) are the largest contributors of volatile

emissions caused by fibre glassing activities. Fibreglass trimming, grinding, sanding and

drilling activities may also give rise to air pollution in the form of dust and other particulate

emissions.

Persons undertaking fibre glassing activities must ensure that the products they are using comply with the following:

any pollutants classified as dangerous goods in the Dangerous Goods Safety (General) Regulations 2007 must be controlled, stored, transported and disposed of correctly in accordance with the Dangerous Goods Safety Act 2004; and

some substances used in fibre glassing (e.g. methyl ethyl ketone peroxide) are not compatible for storage in the same location as flammable and other dangerous goods (e.g. fuel).

http://www.daff.gov.au/animal-plant-health/pests-diseases-weeds/marine-pests/anti-fouling-and-inwater-cleaning-guidelines

http://www.daff.gov.au/animal-plant-health/pests-diseases-weeds/marine-pests/anti-fouling-and-inwater-cleaning-guidelines



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When engaging in fibre glassing activities, slipway users must ensure they do not discharge any pollutants listed in the Environmental Protection (Unauthorised Discharges) Regulations 2004 onto the slipway hardstand or into the marine environment, e.g. solvents, resins, styrene. The following actions are suggested to protect air quality and minimise volatile solvent and

particulate emissions, and to protect water quality and prevent landfill contamination by

ensuring proper disposal of hazardous wastes:

a tarpaulin should be placed under work areas during fibre glassing to contain spilt resins etc.;

recommended methods include working in an enclosed area with ventilation. If dust produced during fibre glassing work cannot practicably be contained in an enclosed and

ventilated area, consider establishing buffers instead;

hand lay-up methods are approved only as hand lay-up releases less styrene. Note:

spray gun application methods are not permitted;

The amount of grinding and sanding should be reduced as much as possible by

trimming with a knife or mechanical cutter when articles have solidified but not yet

hardened;

surface finishing (sanding and washdown) shall only be done over the hardstand area,

unless authorised by KPA;

surface finishing (sanding and washdown) should not be done in areas where the

resultant waste (fine dust particles) may contaminate soil, storm-water or the marine

surface waters;

containers of resins and solvents should be kept in areas that are capable of containing

spills and Containers of resins and solvents should be kept closed when not in use

for fibre glassing waste management:

o all sanding and grinding dusts must be securely wrapped prior to disposal; and

o all contaminated and spent solvents used to clean equipment must be collected

in a sealed drum or container for disposal by a licensed chemical waste

collector.

3.5 Welding and metal fabrication Welding activities may contribute towards air pollution and cause metal contamination of soil,

storm-water and marine waters through the generation of airborne dusts and the emission of

fumes and smoke.

When undertaking welding and metal fabrication activities, operators must encapsulate as

best as possible and ensure they do not discharge any pollutants listed in the Environmental

Protection (Unauthorised Discharges) Regulations 2004 onto the slipway hardstand or into

the marine environment, e.g. metals.




Pollution prevention measures should be adopted and the following is suggested:

welding and thermal cutting activities should be conducted in a well ventilated area;

all metal cutting operations should be conducted in a screened area to minimise the

horizontal dispersion of metal fragments



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use of oxy-acetylene torches should be kept away from possible ignition sources such

as oils, grease and rubber to avoid accidental combustion and the generation of

dangerous fumes and smoke;

dust and grinding wastes should not be accumulated where they may cause a

nuisance to neighbours or be washed into storm-water drains or the receiving marine

environment;

all dusts and other grinding wastes should be securely wrapped prior to disposal and

filings should be swept or vacuumed; and

hot work practices should be adopted for all welding jobs, i.e. two people present, fire

extinguishers nearby.

3.6 Engine maintenance and repair Engine maintenance and repair activities can result in spills and leaks that are costly to clean

up, degrade water quality and threaten aquatic plant and animal life.

The following measures are recommended to prevent or minimise the adverse environmental

impacts associated with engine service and repair activities.

General engine maintenance:

absorption materials must be placed in bilge/under motors to trap oil/fuel leaks,

particularly in vessels with automatic bilge pumps;

engines should be maintained regularly to prevent oil and fuel leaks to the bilge.

a drip tray or groundsheet should be used under the engine to collect oil, grease,

solvents or detergents;

when cleaning the drip tray or groundsheet, methods that do not result in water or soil

contamination should be used;

adequate supplies of absorbent materials and other rags should be kept for cleaning

up small fuel spills; and

locate a spill response kit in the slipway area for the management of hydrocarbon spills.

Cleaning engine parts:

parts cleaning and degreasing should take place in a properly designated wash bath

provided by the slipway user;

where possible, engine parts should be cleaned with a brush rather than with solvents

or aqueous degreasers such as alkaline or caustic soda; and

water-based or biodegradable strippers, cleaners or degreasers should be used

wherever possible.

Replacing engine parts and oils:

old or damaged batteries which are intended for recycling should be disposed of

appropriately;

mercury switches, thermostats and fluorescent tubes should be collected and

packaged for disposal by a licensed chemical waste collector;

bilge water should not be pumped onto the slipway if it contains high concentrations of

hydrocarbons or other wastes including sanitary and detergent wastes;

all waste grease, sump oil, contaminated bilge water and waste oil filters should be

collected for recycling or disposal by a licensed chemical waste collector; and



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drain oil filters before disposal.



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Appendix A Summary of relevant legislation and guidelines

Legal or other requirement Relevance to slipway area

Port Authorities Act 1999 (WA) Operation of the slipway must comply with management measures described in the KPA environmental management plan (EMP) 2015-2016, Version 8.0_101950.

Environmental Protection (Metal Coating) Regulations 2004 (WA)

Must comply with metal coating and waste disposal procedures described in the regulations.

Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA)

Discharge to the environment of any of the following is prohibited:

acid with a pH less than 4;

alkali with a pH more than 10;

animal waste;

oil, fat or grease;

compounds or solutions of cyanide, chromium, cadmium, lead, arsenic, mercury, nickel, zinc or copper;

degreaser;

detergent, engine coolant or engine corrosion inhibitor;

food waste;

laundry waste;

mineral oil;

organic solvent;

paint;

petrol, diesel or other hydrocarbon;

sediment or sewage.

Dangerous Goods Safety Act 2004 (WA) All reasonably practicable measures must be taken to store, handle or transport dangerous goods so that risks to people, property and the environment are minimised.

Dangerous Goods Safety (General) Regulations 2007 (WA)

Defines dangerous goods that require management under the Dangerous Goods Safety Act 2004 (WA).

Dangerous Goods Safety (Goods in Ports) Regulations 2007 (WA)

The handling and transport of dangerous goods in port areas must comply with Australian Standard AS 3846-1998.

A Dangerous Goods Declaration must be submitted to the Harbourmaster for approval for all vessels carrying or intending to load hazardous cargoes.

Dangerous goods must be stored according to the procedures prescribed in the regulation.



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Issue Date: August 2016

Page 13 of 15

Appendix B Summary of Permitted Slipway Activities

To minimise the environmental impacts at the slipway the following activities are not permitted:

Spray painting;

Abrasive/Grit Blasting;

Activities which involve disturbing the soil at the slipway, unless authorised by KPA prior to the works being undertaken; and

Filling fuel tanks, unless undertaken by a licensed provider.

The following tables outline the permitted activities at the slipway and whether they are to be undertaken on the hardstand. The tables also provide

information on the potential environmental risks and receptors associated with each task, the permits required and the controls in place that slipway users

must comply with.

Table 1: Activities to be undertaken over the Hardstand Area), unless authorised by KPA. Note: if the works identified in Table 1 are required to be done in

individual bays then the controls specified below must be met at a minimum and the slipway user must demonstrate to KPA the method of carrying out the

works. KPA may then authorise for these works to be done outside of the hardstand area.

Activity Environmental Risks Controls and Guidelines Permit required

Pressure water blasting Emission to land

Emission to waterways

Works must have bunded encapsulation.

Only permitted on the Hardstand, unless authorised by KPA.

Do not discharge pollutants into environment.

Refer to section 3.3.4 of the Slipway Guidelines.

JHA outlining HSE controls to be completed

General Work

Boat Washing Emission to land





Refer to section 3.2 of the HSE Slipway Guidelines.


General Work



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Removal of antifouling paint Emission to land





Refer to section 3.3.1 of the HSE Slipway Guidelines.


General Work

Removal of biological hull foulants and marine biota

Emission to land




Refer to section 3.3.2 of the HSE Slipway Guidelines.


General Work

Fibre glassing Emission to land



Only permitted on the Hardstand, unless authorised by KPA Refer to section 3.4.3 of the HSE Slipway Guidelines.


General Work



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Table 2: Activities permitted over the hardstand area and in bays


Welding and metal fabrication Emission to air

Emission to land

Refer to section 3.5 of the HSE Slipway Guidelines.


Hot Work

Engine maintenance and repair Emission to land Refer to section 3.6 of the HSE Slipway Guidelines.


General Work

Filling fuel tanks Emission to land Refer to 3.1

Only by a licenced provider

JHA outlining controls

Bunker permit

Manual and mechanical scraping, scrubbing and cleaning

Emission to land Refer to section 3.3.3 of the HSE Slipway Guidelines.


General Work

Manual painting Emission to land Refer to section 3.4.1 of the Slipway Guidelines.


General Work



Version: 1.0


15

IP7

SLIPWAY ASBESTOS SITE MANAGEMENT PLAN

Slipway Asbestos Management Plan (SMP) Port of Broome

ENV036_Slipway Asbestos Site

Mangement Plan_01.2.docx

Prepared for Kimberley Ports Authority 8 September 2016

GEOSCIENCES & ENVIRONMENT

Slipway Asbestos Site Management Plan (SMP) Broome Port

Kimberley Port Authority

8 September 2016 OSH022_Slipway Asbestos Site Mangement Plan_01.2 - Copy.docx i

Contact Information

© Copyright 2016 Cardno WA Pty Ltd

(ABN 47 106 610 913)

Geosciences & Environment Business Unit 11 Harvest Terrace West Perth WA 6005

Australia Tel: +61 8 9273 3888 Fax: +61 8 9486 8664

www.cardno.com

Document Information

Prepared for Kimberley Port Authority

Project Name Slipway Asbestos Site

Management Plan

(SMP) Broome Port

File Reference OSH022_Slipway

Asbestos Site

Mangement

Plan_01.2.docx

Date 8 September 2016

Prepared By: Authorised By:

Jonathon Syron Environmental Scientist

Leigh McDonald Principal Environmental Geoscientist

David James Project Manager/Associate

Document History

Version Effective Date Description of Revision Prepared by: Reviewed by:

0 8 April 2016 Internal DRAFT JS DJ/LM

1.0 4 May 2016 External DRAFT (client review)

JS/GM DJ/LM

1.1 23 May 2016 Final version JS/GM DJ/LM

1.2 8 September 2016 Final version JS/GM DJ/LM

© Cardno. Copyright in the whole and every part of this document belongs to Cardno and may not be used, sold, transferred, copied or reproduced in whole or in part in any manner or form or in or on any media to any person other than by agreement with Cardno.

This document is produced by Cardno solely for the benefit and use by the client in accordance with the terms of the engagement. Cardno does not and shall not assume any responsibility or liability whatsoever to any third party arising out of any use or reliance by any third party on the content of this document.

http://www.cardno.com/

Slipway Asbestos Management Plan (SMP) Port of Broome Port


8 September 2016 ENV036_Slipway Asbestos Site Mangement Plan_V1.2 ii

Asbestos Site Management Plan (SMP)

Broome Port

Plan Acceptance Log

Document Title: Site Management Plan (SMP)

Doc Ref: ENV036_Slipway Asbestos Site Mangement Plan_01.2.docx

Revision: 1.1

Author: This plan was prepared by Cardno Pty on behalf of Kimberley Ports Authority

Site: Port of Broome

This implementation log can be used as a “form” to provide a record of the following elements:

> Endorsement of this revision of the SMP

> Previous revisions of this plan are recorded in the document control

> Induction and acceptance of the plan by workers/contractors

Table A: Plan Acceptance Log

Position By Whom Date Signed



8 September 2016 ENV036_Slipway Asbestos Site Mangement Plan_V1.2 iii

Site Management Plan (SMP)

Broome Port

Table of Contents

1 Introduction ....................................................................................................................................... 5 1.1 Background............................................................................................................... 5 1.2 Purpose and Scope .................................................................................................. 5 1.3 Aims of the SMP ....................................................................................................... 6 1.4 Implementation of the SMP ....................................................................................... 6 1.5 Regulatory Requirements ......................................................................................... 6

2 Description of Site ............................................................................................................................ 8 2.1 Site Location and Definition ...................................................................................... 8 2.2 Site History ............................................................................................................... 8 2.3 Review of Previous Site Investigations / Management Plan ...................................... 8

2.3.1 Soil Characterisation Assessment – Broome Slipway (Coffey, 2013) ......................... 9 2.3.2 Broome Port Asbestos Material Register (Cardno, 2015) ........................................... 9 2.3.3 KPA control measures at slipway ................................................................................ 9

2.4 Topography, Drainage and Water Bodies ............................................................... 10 3 Site Contamination Information .................................................................................................... 10

3.1 Site Inspection ........................................................................................................ 10 3.2 Field and Desktop Investigations ............................................................................ 10 3.3 Contamination Guidelines ....................................................................................... 11

3.3.1 Materials to Be Managed ........................................................................................... 11 3.4 Potential Pollutant Linkages .................................................................................... 11

3.4.1 Potential Migration Pathways .................................................................................... 12 3.4.2 Potential Sensitive Receptors .................................................................................... 12

4 Roles and Responsibilities ............................................................................................................ 12 5 Management Programs and Procedures ...................................................................................... 15

5.1 Management of Asbestos Impacts .......................................................................... 15 5.1.1 Warning Signs ........................................................................................................... 15 5.1.2 Site Inspections and Further Asbestos Removal ...................................................... 15 5.1.3 Capping Exposed Areas ............................................................................................ 15 5.1.4 Procedures for the Management of Excavations and Earthworks ............................ 15 5.1.5 Disposal of Solid ACM Fragments ............................................................................. 16 5.1.6 Disposal of ACM Contaminated Waste Soil .............................................................. 17 5.1.7 Unexpected Findings Protocol ................................................................................... 17

6 Health and Safety Management ..................................................................................................... 17 6.1 Training and Awareness ......................................................................................... 18 6.2 Personal Protective Equipment (PPE)..................................................................... 18 6.3 Soil & Stockpile Management ................................................................................. 18 6.4 Air Monitoring .......................................................................................................... 18 6.5 Stormwater Management ........................................................................................ 19

7 Environmental Incidents and Response ...................................................................................... 19 7.1 Environmental Inspections ...................................................................................... 19 7.2 General Incident Response ..................................................................................... 19 7.3 Emergencies ........................................................................................................... 20 7.4 Complaints .............................................................................................................. 21

8 SMP Records and Review .............................................................................................................. 21 8.1 SMP Records .......................................................................................................... 21 8.2 Plan Review ............................................................................................................ 22



8 September 2016 ENV036_Slipway Asbestos Site Mangement Plan_V1.2 iv

Text Tables

Table 1-1: Applicable Regulations ............................................................................................ 6 Table 2-1: Site Identification Details ......................................................................................... 8 Table 3-1: Potential Pollutant Linkages for Human Health ...................................................... 12 Table 4-1: Roles and Responsibilities ..................................................................................... 13 Table 4-2: Responsible Parties Contact Details ...................................................................... 14 Table 7-1: Environmental Incidents and Reporting ................................................................. 20 Table 7-2: Potential Emergency Situations ............................................................................. 20

Appendices

....................................................................................................... 2 Pages Figures Figure 1: Site Locality Plan Figure 2: Extent of Basecourse Map

....................................................................................................... 8 Pages SMP Example Records Induction Log Environmental Inspection checklist Soil Tracking Log Environmental Incident Form



8 September 2016 ENV036_Slipway Asbestos Site Mangement Plan_V1.2 5

Site Management Plan (SMP)

Broome Port

1 Introduction

1.1 Background

Cardno was engaged by Kimberley Ports Authority (“the client”) (KPA) to prepare a Site Management Plan (SMP) to oversee the long-term management of the Slipway; located at Lot 621 on Plan 70861 and Lot 698 on Plan 209491, Minyirr, Broome, WA.

The SMP was prepared in accordance with the scope and limitations presented in Cardno proposal (Our Ref: 815097Proposal01.1). The site inspection commenced following approval of the proposed works by the client; Veronica Mair, on behalf of the KPA.

Construction of Broome’s current deep-water wharf at Entrance Point began in February 1964 and opened in July 1966. Broome Port has a vital function within the Kimberley economy and accommodates around 1,200 berthings per annum. Historically a range of materials were dumped in the area of the slipway, including uncontrolled filling within and in the vicinity of breakwater walls.

DER classified the Port of Broome Slipway as ‘possibly contaminated – investigation required’ on 8 October 2013. Further soil investigation works were carried out during 2013 to delineate the extent of the Asbestos Containing Material (ACM) impacts at the site and to propose a suitable remediation strategy. Following remediation works comprising a surface pick of visible ACM, installation of asbestos warning signage and installation of a 100 mm layer of basecourse (see Figure 2, Appendix A) gravel across the slipway and adjoining asbestos-impacted areas, DER consider the site suitable for use as a small commercial slipway and boat storage yard.

DER recommended that KPA prepares an Ongoing Site Management Plan (this report) to oversee long term management of contaminants (ACM) contained beneath the engineered surface covering at the site.

In accordance with the Western Australian Department of Health (DoH) (2009), Guidelines for the Assessment, Remediation and Management of Asbestos Contaminated Sites in Western Australia, a site inspection of the surface soil at the site was undertaken by Cardno on 15 December 2015. The inspection identified presumed ACM fragments exposed in soil on the slipway site.

The development of this SMP has been undertaken in accordance with the Department Environment Regulation (DER) Assessment and Management of Contaminated Sites Guidelines (2014) and will outline ongoing requirements for the management of asbestos contamination at the site.

1.2 Purpose and Scope

The SMP provides guidance to the relevant parties for prevention of environmental, health and safety impacts from exposure to asbestos materials at the site. The SMP is applicable to the site management of these issues at this site until the Responsible Authority withdraws this requirement.

The SMP includes information and guidance including:

> Advising site occupants (including contractors engaged in ongoing maintenance and/or construction

work) of the environmental issues and potential hazards.

> Outlining procedures to be followed relating to the removal of suspect ACM and/or excavation of

contaminated soil, during any significant excavation works.




> Providing information relating to off-site disposal of suspect ACM and waste soil.

> Identifying measures to minimise environmental impacts during ongoing maintenance work.

This management plan is not a Health and Safety management plan. For health and safety requirements refer to the Occupational Health and Safety Act 1984 and associated regulations which require each employer to assess risks and provide for safe work systems in each workplace.

1.3 Aims of the SMP

The activities at the site should be managed in accordance with this document, relevant legislation and any associated environmental management systems. Specific aims of the SMP include:

> Manage surface impacts of ACM and provide management and removal procedures for mitigation of

potential exposure to surface ACM.

> Provision of effective management and monitoring systems to ensure compliance with statutory

requirements and the SMPs objectives.

> Effective information to owners, site personnel, subcontractors, which clearly sets out their

responsibilities.

> Ensuring that all occupants, staff, contractors and subcontractors associated with the site are aware

of and accountable with respect to compliance with the SMP.

1.4 Implementation of the SMP

Only suitably qualified consultants and/or contractors shall be commissioned by the Site Owner, their representatives, or by the Site Manager with the prior approval of the Site Owner, to undertake works with the potential to disturb impacted soils.

1.5 Regulatory Requirements

The SMP is based on the prevailing legislative framework at the time of writing. Any significant changes to this framework will need to be considered if the SMP is to be applied appropriately into the future.

Based on the contamination identified at the site and the likely activities to be undertaken that may disturb contaminated materials, the prevailing regulations and guidelines relating to the management of asbestos and occupational health & safety may be applicable.

All activities at the site should conform to the relevant environmental and health and safety regulations and guidance, including:

Table 1-1: Applicable Regulations

Regulatory Tool Relevance to the SMP

Western Australia

Legislation

Environment Protection Act 1986.

Primary legislation that provides basis for

all subordinate legislation and policies

regarding environmental protection.

Occupational Health and Safety Act

1984

Primary legislation that provides basis for

all health and safety of the workforce.

Contaminated Sites Act 2003

Primary legislation that provides

identification, recording, management

and remediation of contaminated sites.

http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/a12f6f60fbd56800ca256de500201e54/012817cd0701e51aca257695000f90bb!OpenDocument

http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubLawToday.nsf/a12f6f60fbd56800ca256de500201e54/012817cd0701e51aca257695000f90bb!OpenDocument




Regulatory Tool Relevance to the SMP

Waste Avoidance and Resource

Recovery Act 2007

Primary legislation provisioning waste

avoidance and resource recovery.

Health (Asbestos) Regulations 1992

The Department of Health administers

the Health (Asbestos) Regulations 1992

(HAR) which are enforced by Local

Government Environmental Health

Officers.

Guidelines

National Environment Protection

Council - National Environment

Protection (Assessment of Site

Contamination) Measure 1999 (as

amended 2013)

Nationally consistent approach to the

assessment of site contamination to

ensure sound environmental

management practices.

Guidelines for Assessment,

Remediation and Management of

Asbestos-Contaminates Sites in

Western Australia (2009) DOH.

Guidance for the investigation,

remediation and management of

asbestos-contaminated sites, and it is

based on both Australian and

international best practices tailored to

Western Australian conditions.

Code of Practice for the Management

and Control of Asbestos in Workplaces

NOHSC: 2018 (2005)

Guidance for industry to meet their legal

obligations for the management and

control of asbestos containing material in

the workplace.

Code of Practice for the Safe Removal

of Asbestos NOHSC: 2002 (2005)

Guidance for industry to meet their legal

obligations when any amount of

asbestos or asbestos-containing material

is to be removed from a workplace.

Assessment and Management of Contaminated Sites Guidelines (2014) DER.

Guidance on the assessment and

management of contaminated sites in

Western Australia (WA) within the

legislative framework.

Management of Asbestos in the Non-

occupational Environment. enHealth

(2005)

Nationally consistent guidance to

investigating and managing risk of

asbestos in the non-occupational

environment.

Guidance Note – Occupational Safety

and Health Management and

Contaminates Sites work 2005.

Guidance for employers, employees, site

owners, consultants, self-employed

people and contractors

Local government

planning regulations

Applicable planning permits and

regulations.

Local government requirements for

specific projects. Requirements given in

planning permit for this project.




2 Description of Site

2.1 Site Location and Definition

The Port of Broome Slipway (the site) is an approximately 1.6 hectare (ha) comprising of a boat storage yard, boat repairs and a slipway for launching/retrieving boats at 401 Port Drive, Broome, WA. The site is unsealed

Table 2-1: Site Identification Details

Identification Description

Site Name Broome Port Slipway

Site Address 401 Port Drive, Broome, WA

Site Area ~1.6 ha

Title Details Lot 621 on Plan 70861 and Lot 698 on Plan 209491

Local Government Authority (LGA) Shire of Broome

Planning Zone Port

Current Site Use Boat storage yard, boat repairs and slipway for launching/retrieving boats.

Neighbouring land uses are as follows:

> North: Roebuck Bay

> East: Roebuck Bay

> South: Immediately south of the KPA offices and maintenance shed, further south is the BP fuel

storage facility.

> West: Industrial land including a fuel depot, vacant scrubland and Indian Ocean.

Figure 1, Appendix A shows the location and surrounding features of the site.

2.2 Site History

The history review indicates the site has been used as a slipway and boat storage yard, since completion in approximately 1966. Uncontrolled fill with demolition rubble has been used across the site for infilling and land reclamation. Suspect ACM was identified within the uncontrolled fill within the breakwater walls on the northern and western boundaries of the site (Coffey 2013).

It is understood that KPA has been undertaking routine hand-picking (surface remediation) around the area of the slipway. A site inspection on 15 December 2015 by Cardno observed suspect ACM fragments on surface soils within the area of the slipway and breakwater walls.

2.3 Review of Previous Site Investigations / Management Plan

Cardno undertook a review of previous investigations and reports provided by the KPA which were undertaken at the site; these included:

> Coffey, 2013, ‘Soil Characterisation Assessment, Broome Slipway, Broome Port, WA’.

> Cardno, 2015, ref: 815066Report01.1 ‘Broome Port Asbestos Material Register (AMR)

> Kimberley Ports Authority, 2015, ref: ENV036_87742 ‘Slipway Contaminated Site Ongoing

Management Plan - Draft’.




A summary of the above mentioned investigations is detailed below:

2.3.1 Soil Characterisation Assessment – Broome Slipway (Coffey, 2013)

Coffey were engaged by KPA to undertake a Soil Characterisation Assessment, a summary of findings are detailed below:

> There has been historical infilling and land reclamation of the site with material comprised of general

waste and unwanted materials.

> Potential ACM located within the uncontrolled fill was present within breakwater walls on the northern

and western boundaries of the site.

> A visual inspection of fifteen test pits revealed uncontrolled fill at five locations, and the thickness and

depth of fill was found to vary across the site to a maximum depth of 2.3 m bgl.

> Two main types of fill were identified, building rubble and engineering waste.

> Fourteen samples were tested for presence/absence of asbestos, with two samples recording

presence of asbestos (Chryostile) fibre bundles.

> The asbestos detected was in the form of ACM fragments and asbestos fibre bundles.

2.3.2 Broome Port Asbestos Material Register (Cardno, 2015)

Cardno were engaged by KPA to conduct an ACM audit of the Broome Port Facility, including a review of the existing Asbestos Material Register (AMR), the summary of which is:

> All ACM identified were allocated a Low Risk Level and can be managed in-situ, with the exception

of fragmented ACM located in the areas of the slipway which was allocated an Extreme Risk Level

due to their location, condition and potential to release asbestos fibres. See the Broome Port

Asbestos Material Register (AMR) report prepared by Cardno December 2015 for further

information.

> A number of previously identified ACM occurrences have been removed under various asbestos

removal scopes commissioned by the KPA.

> It was understood that KPA are undertaking routine hand picking (surface remediation) and

implementing a Site Management Plan (SMP) (KPA, 2015)) for the ongoing management of

asbestos contamination associated with the slipway.

> Fibre cement fragments were observed to be exposed in surface soil in poor condition and was

subsequently actioned as needing attention, with extreme hazardous potential, special precautions

are required if disturbed.

2.3.3 KPA control measures at slipway

KPA has a range of control measures in place at the Port of Broome slipway to mitigate risks to slipway users, and to prevent further contamination at the slipway, the summary of which is:

> Soil contaminants include hydrocarbons, metals, pesticides and ACM.

> Due to the ACM at the site, DER requires a site management plan.

> In December 2013 and January 2014, initial works were undertaken to pick up surface asbestos and

install signage to warn of ACM. Additionally, a 100 mm thick basecourse1 layer was installed on and

in the vicinity of the slipway area where ACM was previously identified.

1 see Figure 2, Appendix A




> Additional works by KPA later in 2014 comprised further removal of waste materials including old

jinkers, concrete and steel, further installation of 100 mm thick basecourse over remaining areas of

the slipway to reduce scouring and potential for future exposure of ACM.

> A number of control measures are in place at the slipway including access restrictions, CCTV and

appropriate signage. Furthermore, a permit to work system, routine slipway inspections and audits

are to be implemented and ongoing asbestos management to remove ACM on an ad-hoc basis.

> KPA have provided documentation in relation to regular hand picking events involving the collection

of ACM fragments with off-site disposal to a licensed facility.

2.4 Topography, Drainage and Water Bodies

The site is predominantly flat with an elevation ranging between approximately 0 and 7 mAHD (Coffey, 2013), the slipway itself by its nature drops down to below AHD (i.e. sea level).

The Geological Survey of Western Australia Environmental Geology Series, Broome Roebuck Plains Map 1:50,000 scale Sheet 3361 IV (Wyche, 1993) indicates that the site is underlain by Pleistocene age red, fine –grained silty quartzite sands with variable silt content, known as Pindan soils.

The Department of Water (DoW) Hydrogeological Atlas online database (accessed 27 January 2016) indicates that the site geology comprises of sand and sandstone.

Roebuck Bay is situated immediately adjacent to the site with the centre of the site less than 100 m from the Ocean (tide dependant).

No regional groundwater contours were available; however groundwater flow is expected to be influenced by tidal conditions and may flow in either direction, additionally the site is subject to heavy rainfall during the wet season.

3 Site Contamination Information

3.1 Site Inspection

A site inspection was conducted by Cardno on the 15 December 2015. Fragments of suspect ACM were identified exposed in soil on and surrounding the slipway. No samples of previously identified and/or presumed ACM were collected during this survey.

3.2 Field and Desktop Investigations

A number of environmental assessments have been undertaken at the site between 2000 and 2015.

The field and desktop investigations undertaken at the site are listed below:

> Egis Consulting, 2000, Report for Broome Slipway Assessment, ref: VW1463/RP-D-001.

> Coffey, 2013, ‘Soil Characterisation Assessment, Broome Slipway, Broome Port, WA’.

> Cardno, 2015, ref: 815066Report01.1 ‘Broome Port Asbestos Material Register (AMR)

Only the Soil Characterisation Assessment (Coffey, 2013) and the Broome Port Asbestos Material

Register (Cardno, 2015) have been reviewed by Cardno for this report.




3.3 Contamination Guidelines

In Western Australia the assessment, management and remediation of potentially contaminated sites is directed by the Contaminated Sites Act (CS Act) 2003, aided by associated industry standards and guidelines.

The proposed scope of works was undertaken in general accordance with the following documents:

> Department of Health (DoH) Guidelines for the Assessment, Remediation and Management of

Asbestos-Contaminated Sites in Western Australia.

> Department of Environment and Regulation (DER) (2014) Assessment and Management of

Contaminated Sites.

> National Environmental Protection (Assessment of Site Contamination) Measure (NEPM, 2013).

> The Contaminated Sites Act 2003 (CS Act).

> Health (Asbestos) Regulations 1992.

> National Occupational Health and Safety Commission (NOHSC), Code of Practice for the

Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)].

3.3.1 Materials to Be Managed

Based on the results of previous investigations, anecdotal information received, site inspection observations and the assumption that suspect ACM fragments found at the site contains asbestos; it was identified that asbestos as ACM fragments and fibre bundles are contaminants of potential concern (CoPC) for the site.

Asbestos contamination principally affects human health rather than being a risk to the environment. Asbestos will remain in the environment for extended periods with limited degradation and can migrate through physical disturbance which potentially leads to the release of dangerous fibres.

The inhalation of asbestos fibres creates a significant health risk to individuals. These fibres may become deposited in lungs producing major health effects such as asbestosis, lung cancer and mesothelioma. These diseases may take years to develop and can result from both high and low levels of exposure.

The DoH (2009) guidelines divide asbestos contamination into three groups:

> Asbestos-containing material (ACM) which is in sound condition although possibly broken or

fragmented. Asbestos is bound in a matrix such as asbestos cement sheeting or fencing. Usually

represents a low human health risk.

> Fibrous-asbestos (FA) is asbestos material which is in a degraded condition and can be broken or

crumbled by hand pressure. Encompasses severely weathered ACM and loose fibrous material

such as insulation. Represents a high risk to human health if made airborne.

> Asbestos Fines (AF) encompasses free fibres of asbestos, small fibre bundles and ACM fragments

which can pass through a 7 mm x 7 mm sieve. Represents a high risk to human health if made

airborne.

3.4 Potential Pollutant Linkages

Potential pollutant linkages for human health receptors are summarised in Table 3-1.




Table 3-1: Potential Pollutant Linkages for Human Health

Potential Sources

Preferential Pathways

Exposure Routes Potential Receptor Pollutant Linkage

Asbestos in ACM fragments on surface soils; asbestos fibre bundles.

Secondary contact with contaminated material. Dust/fibre migration through air via wind, surface water run-off or mechanical agitation.

Inhalation of soil (including asbestos fibres) through dust.

1. Onsite workers

2. Site Users

3. Off-site users (commercial or recreational)

Yes.

3.4.1 Potential Migration Pathways

Preferential migration pathways may be natural or man-made and could include:

- migration of fibres in soil through wind (especially cyclones),

- surface water erosion by means of surface run-off and wave action,

- mechanical agitation (excavation etc.).

3.4.2 Potential Sensitive Receptors

The site is located in a commercial port setting. Potential sensitive receptors identified within a 500 m radius of the site that are or may be adversely affected by the CoPC include onsite workers and members of the public, including site users and off-site users (commercial or recreational) adjacent to the site.

4 Roles and Responsibilities

The responsibility for the implementation of this SMP is the owner of the site or it’s Nominated Representative. This SMP has been prepared for all site users including those involved in ongoing operations, maintenance, administration and occupation on the site. This includes:

> Site Management Staff.

> Contractors/Subcontractors.

> Occupants/Users.

The roles and responsibilities of organisations or individuals in relation to the management of contaminated soil at the site are described in Table 4-1. These responsibilities do not replace any other regulatory responsibilities of parties in relation to a change in land use or development work at the site.

Table 4-1 provides a summary of the relevant contact details for the parties and project personnel having responsibilities for management of these issues. In the event that this plan needs to be activated, the table should be completed with the details of the relevant parties.




Table 4-1: Roles and Responsibilities

Stakeholder Roles and Responsibilities

Site Owner – HSE Manager Port of Broome

The Owner/ Project Manager is the party with ultimate responsibility of the site, under the circumstance applying at the time. This may include but not be limited to the following responsibilities:

Managing compliance with environmental legislation, regulations, standards and codes.

Provision of competent person(s) to investigate environmental incidents and accidents and initiate corrective (preventative) actions and adequately meet environmental and safety tracking.

Notification to the contractor of potentially contaminated soil/fill and SMP.

Assessing and reviewing contractors' abilities to comply with environmental and safety management requirements.

Confirmation of contractor adherence to the SMP requirements.

Ensuring the use by all contractors of a site specific occupational health and safety (OH&S) plan, developed by the contractor.

Ensuring adequate instruction and training is provided for all employees or contractors working on the site.

Ensuring that processes are in place to:

o Record all activities relating to soil excavation, including the location and nature of the excavation.

o Identify all locations of soil stockpiles.

o Keep records of the assessment results of any soil or waste material for offsite disposal.

o Record the disposal location of any material taken offsite.

Confirmation that the site condition complies with this SMP after site works by the owner or any contractor.

This party also has an obligation to keep the site occupants advised of the status of the land contamination issues at the site (relevant to this project area), through the provision of a current version of this plan.




Stakeholder Roles and Responsibilities

Site Manager – HSE Manager Port of Broome

The Site Manager/Superintendent is responsible for the day to day activities during normal site operations. They are responsible, as far as is reasonably practical, for:

Undergoing training and induction to effectively fulfil their environmental management and safety role and responsibilities.

Ensuring employees and contractors are inducted in SMP and follow environmental and safety management procedures.

Identification and location of potential contaminated soil/solid waste.

Keeping records of the assessment results of any soil or waste material for offsite disposal.

Recording the disposal location of any material taken offsite.

Promoting safety and environmental management and encouraging the involvement of all personnel in cooperating and being involved with toolbox meetings.

Undertaking inspections and completing relevant checklists.

Reporting of all safety and environmental hazards and incidents and ensuring appropriate records are created and investigations undertaken.

Ensuring safety and environmental management issues are resolved as soon as is practicable.

Ensuring adequate instruction and training is provided for all employees or contractors working on the site.

Ensuring that plant and equipment complies with Regulations, Codes of Practice or Standards and that documentation is available on request.

Reading the SMP and signing induction log and ensuring that all employees/contractors to the site read the SMP and sign the induction log.

Employees/Contractors

All Employees/Contractors working at the slipway are required to:

Comply with all policies and procedures relating to environmental and safety management, including the Slipway and Storage Yard Standard Terms and Conditions).

Perform their work in accordance with instructions provided.

Report all safety and environmental hazards, incidents and “near misses” that occur at the site to the Site Manager/Superintendent immediately.

Read the SMP and sign off as acknowledgement.

In addition to any regulatory requirements under Health and Safety statutes, they should comply with the intent of the SMP with regard to prevention of environment and health impacts potentially arising from their work, and are responsible for implementing a site specific Health and Safety Plan for any works.

Environmental Consultant / Specialist

Provide technical input /advice during works with regards to contaminated soil and/or solid waste on an as needs basis.

Department of Environment and Regulation (DER)

DER has powers to require or apply further management.

Table 4-2: Responsible Parties Contact Details (To be completed when plan is implemented)

Role Person Company / Organisation

Contact Details

HSE Manager Veronica Mair KPA [email protected]

0409000549




5 Management Programs and Procedures

5.1 Management of Asbestos Impacts

The following section provides a series of management procedures that should be followed as a means of minimising the potential for exposure to asbestos.

5.1.1 Warning Signs

Where suspected surface ACM is identified or potential exists for asbestos to be present (e.g. areas

containing uncontrolled filling), surface soils shall be treated as containing raised levels of

contamination. Accordingly, warning signs shall be installed in such areas and should include

emergency contact details. Routine inspections shall include checks to ensure signage is still in

working order (is readable) and has not been stolen or vandalised.

5.1.2 Site Inspections and Further Asbestos Removal

A program of routine and regular inspections to identify and remove ACM fragments should be implemented and outcome recorded.

The site inspections should comprise a gridded walkover across areas of potential asbestos impact. The walkover may include raking where surface conditions allow. Where raking is undertaken, ideally a minimum of three (3) raked passes in two directions (with 90 degrees directional change between each pass) over the area with either a mechanical or manual rake which is capable of probing to 10 cm depth will be conducted. Site features such as rock walls and hard compacted ground may limit the feasibility and effectiveness of raking.

ACM fragments observed in the site inspections shall be removed manually by means of hand picking. Refer to Section 5.1.4 for details of ACM disposal.

5.1.3 Capping Exposed Areas

Following the removal of ACM fragments, a stable covering layer demonstrated to be free of contamination (e.g. such as the basecourse gravel previously used) may be used to cover the contaminated area so that they cannot be readily disturbed and potentially generate airborne fibres. The installation of any capping should planned in consultation with a geotechnical engineer or landscaping consultant in order to ensure the covering layer is adequately stable and durable.

5.1.4 Procedures for the Management of Excavations and Earthworks

Any future earthworks and excavations at the site must take into consideration the potential for contamination to be present, as documented in the previous investigations. The following procedures are to be followed when excavating soil or otherwise conducting activities where soil may be disturbed:

> The excavation / disturbance area should be wet down with a sprinkler system or hose to prevent

dust generation. A sufficient cover should be placed over the excavation following completion of

works.

> Determine if soil stockpiling will be required prior to excavation and obtain a suitable sprinkler or dust

prevention system to prevent dust generation from stockpile. Weather reports shall be checked prior

to and during excavation activities with worked stopped should wind speeds increase.

> Excavated soil should be retained temporarily on site (during the works) in a controlled stockpile.

Approval from the landfill operator for soil disposal shall be obtained prior to transport.




> Excavated soil should be classified according to the Landfill Waste Classification and Waste

Definitions 1996 (as amended 2005). This may require sampling and laboratory analysis of the

stockpile prior to landfill facility acceptance. Due to the time delay incurred for standard soil analysis

(approximately 7 working days), the security of the stockpile must be assured. Access by site

occupiers or the public to the stockpile should be prevented. The stockpile should be controlled to

ensure there is no off site migration of contaminated soil, sediment or suspended solids in

stormwater.

> Transportation of ACM contaminated soil in accordance with the Western Australian Environmental

Protection (Controlled Waste) Regulations 2004 with soil covered and wet down prior leaving site.

Soil tracking using the attached form (Appendix B) shall be used to accurately document materials

leaving site. This will be cross checked with the licensed landfill waste dockets to ensure

compliance.

> Validation of the stockpile area in addition to the excavated area by a qualified Environmental

Consultant shall be conducted prior to clean fill being placed in the excavation. Validation and

documentation certifying the clean fill as such should be obtained and documented prior to clean fill

being placed in the open excavation.

5.1.5 Disposal of Solid ACM Fragments

Any removal and transport of ACM fragments shall be undertaken in accordance with NOHSC: 2002 (2005). Disposal of ACM shall be in accordance with the Landfill Waste Classification and Waste Definitions 1996 (as amended 2005). This procedure only applies to the removal of small quantities of suspect ACM material. Should large quantities of ACM be identified on site (fly dumping of asbestos) a licensed asbestos removal contractor should be engaged.

The following process should be followed during removal:

> Only person trained and inducted in this SMP as described in Section 6.1 shall conduct ACM

removal.

> Where suspected ACM material is identified on surface soils, the potential for asbestos fibre release

should be minimised by spraying the area with water prior to removal commencing.

> During removal a minimum level of personnel protective equipment (PPE) is required. This is

described further in Section 6.

> Scrape upper layer of top soil when removing ACM fragments and dispose with ACM fragments.

ACM fragments should be weighed with the condition and friable nature recorded prior to disposal.

Photographs of the ACM and the location should also be recorded.

> Collected ACM fragments and surrounding top soil shall be placed into heavy duty 200 µm thick

polythene bags that are no more than 1200 mm long and 900 mm wide. Bags should be labelled

with appropriate warnings, clearly stating that they contain asbestos and that dust creation and

inhalation should be avoided. A warning statement in letters not less than 50 mm high such as the

below shall be used:

CAUTION – ASBESTOS

DO NOT DAMAGE OR OPEN BAG

DO NOT INHALE DUST

CANCER AND LUNG DISEASE HAZARD

> Controlled wetting of the ACM material shall be used to reduce dust emissions during bag sealing or

potential rupturing of bag. Hard or sharp ACM fragments shall be double bagged prior to protect

bags from damage and rupture.




> Waste bags shall not be filled more than half full or a max of 16 kg to prevent bag damage and

manual handling issues. Excess air shall be gradually evacuated from the bag and the bag twisted

tightly with the neck secured and folded prior to being sealed with adhesive tape.

> If asbestos fragments cannot be disposed of immediately, they should be stored in a solid waste

drum, bin or skip and sealed and secured upon the completion of each day’s work so that

unauthorised access is prevented.

> ACM waste bags should be disposed to a licensed landfill facility (Type 1 Special Waste – Asbestos

Wastes) in accordance with the Landfill Waste Classification and Waste Definitions 1996 (as

amended 2005). Approval from the landfill operator for ACM disposal shall be obtained prior to

transport.

5.1.6 Disposal of ACM Contaminated Waste Soil

> If additional surface ACM is identified during the hand picking and raking process and excess soil is

required to be excavated and removed from the site, then all material excavated should be

considered contaminated and must be handled accordingly.

The Site Owner or Representative should be notified prior to commencing work. Procedures for

excavations and earthworks, as outlined in Section 5.1.4, should also be followed when disposing of

ACM contaminated soil generated during hand picking.

5.1.7 Unexpected Findings Protocol

In the event that any material suspected of containing potentially hazardous substances is found, the following procedures should be implemented:

1. Stop/prevent any activity in the area and surround and secure the area. Do not touch or disturb the

item/material.

2. Report the Unexpected Finding to the Site Owner or Nominated Representative.

3. Record the location, visual appearance, surrounding material and mode of discovering the material

to the Site Owner or Nominated Representative.

4. Obtain assistance from a suitably qualified practitioner in identifying the potential hazard to human

health or the environment in accordance with regulatory requirements.

5. Establish management actions in compliance with regulatory requirements.

6. Obtain the Site Owner or Nominated Representative’s and regulator’s approvals for the proposed

management actions.

7. Do not commence work until the appropriate approvals have been received.

8. Implement the approval management action plan and seek on-going advice as necessary.

9. Document the findings and compliance with the approved action plan and provide documentation to

the Site Owner or Nominated Representative.

10. Update the SMP procedures and controls as required.

6 Health and Safety Management

The following provides specific health and safety provisions for those personnel directly associated with the on-site works. It should be again noted that this SMP does not constitute an OHS plan or JSA, as they will be separately required for the specific site works.




6.1 Training and Awareness

An appropriate level of training and information for all site personnel is expected to be commensurate with the duties of each task being performed.

All persons working on site will be provided with a copy of this SMP as part of the Slipway and Storage yard Standard Terms and Conditions (Slipway Terms and Conditions) and be required to sign off on this SMP. The Slipway Information pack which forms part of the Slipway Terms and Conditions include:

> Details on site history and contamination status of the site;

> Overview of the safety measures to be maintained when ACM material and/or contamination is

encountered; including the soil management procedures.

> In addition, a toolbox talk which provides an overview of the ACM material on port lands, the

potential health effects and the safety controls in place will be provided to slipway users and KPA

employees.

Any amendments to this SMP will be updated and site-personnel shall be further informed through additional training should the contamination status be altered and/or previously unidentified contaminants be encountered at the site.

6.2 Personal Protective Equipment (PPE)

All personnel undertaking intrusive works within areas of ACM contamination (Figure 1, Appendix A) or working within an Exclusion Zone (Section 6.3) must wear appropriate PPE. As a minimum this includes:

> Disposable gloves.

> P2 respiratory dust mask.

Where disturbance of ACM or asbestos impacted soils does occur disposable coveralls with fitted hoods

will be required. All disposable PPE shall be removed and disposed with the ACM waste while the

respiratory masks are still fitted. If undergarments or clothing are contaminated these should be

removed and disposed of with ACM wastes.

Footwear and exposed body parts should be decontaminated using an asbestos vacuum cleaner or

shower method prior to leaving the Exclusion Zone.

6.3 Soil & Stockpile Management

Appropriate controls may be required in order to minimise excessive levels of airborne dust being emitted from excavated areas and/or soil stockpiles. Such controls may include the covering or watering of excavated areas / stockpiled soils, minimising the height of stockpiles and limiting work activities during strong winds.

Warning signs and adequate Exclusion Zones shall be erected around soil stockpiles.

At this stage it is not anticipated that any excavated soil will leave the site.

6.4 Air Monitoring

Air monitoring for asbestos fibres should be conducted prior to the start of any asbestos excavation works where the asbestos condition (friable) may pose a potential risk to site personnel, users or surrounding residents.

In the event that conditions warrant monitoring of air, then a suitably qualified Environmental Consultant should be engaged to implement the program. Guidance on sampling and assessment strategies is




provided in the enHealth guideline Management of Asbestos in the Non-occupational Environment (2005).

6.5 Stormwater Management

Surface water and stormwater drainage channels should be directed away from contaminated areas to minimise the potential for fibres to migrate off-site. To this end the slipway should be maintained such that surface water does not erode through the base course layer thereby exposing asbestos contaminated soils.

7 Environmental Incidents and Response

This section outlines the conditions arising that may constitute environmental emergency situations. It also presents in outline for an appropriate contingency plan that may be enacted in response.

7.1 Environmental Inspections

The person undertaking monitoring shall document and sign-off after checking off each monitoring aspect (if applicable). The Environmental Inspections may be used to assess the need for additional training, equipment, and/or procedure and work instructions requirements.

Further Environmental Inspections shall be conducted when the job requirements change.

7.2 General Incident Response

In the event that any unplanned or non-conforming environmental issues (i.e. management actions are not followed) are observed, they should be noted on an inspection sheet and an environmental incident form completed. The environmental incident form shall include information to the level of detail to what would be expected on an OH&S incident form. The following will be recorded in an environmental incident form:

1. Time and date of incident.

2. Location, description of events etc.

3. Weather conditions.

4. Involved parties.

5. Person recording complaint and witness (if applicable).

6. Steps to rectify problem.

7. Steps to ensure incident will not occur again.

8. Deadline to rectify incident.

9. Sign off once completed.

Any significant incident that occurs on or arises from this site shall be reported with urgency commensurate with the incident. Table 7-1 provides guidance on the hierarchy of incidents and their reporting.




Table 7-1: Environmental Incidents and Reporting

Incident Category

Rank Description Reporting Level Reporting Time

1 High

Incident with a significant risk of environmental impact or cause of alarm to site users and users of neighbouring land.

Site Owner, Site Manager & Responsible Authorities (e.g. DER, etc.)

Immediate

2 Intermediate

Incident with potential to cause minor environmental impact or cause concern to neighbours or the community

Site Owner, Site Manager & Responsible Authorities (e.g. DER, etc.)

24 hours

3 Low Incident unlikely to cause immediate environmental impact but requires rectification

Site Owner & Site Manager 7 days

In addition, emergency response to protect public health and safety and the environment generally requires the following actions:

> Assess the nature and scale of the problem.

> Take appropriate actions to immediately mitigate problem - if safe to do so.

> Communicate with relevant personnel on/off-site to advise them of the situation.

> Verbally report to Site Owner and relevant regulatory authorities.

> Deploy appropriate internal and/or external resources to rectify the situation, if necessary.

> Record and report the incident and outcome in site inspection sheet.

> Implement remedial/corrective action on facilities, procedures and/or practices.

7.3 Emergencies

An “emergency” is any situation arising in which an unplanned occurrence potentially results in an immediate or imminent hazard to public health & safety or to the environment. Certain “near miss” situations should also be treated as reportable emergency incidents.

Table 7-2 summarises some of the potential environmental emergency situations possible at this site for which contingency plans are to be prepared.

Table 7-2: Potential Emergency Situations

Issue Emergency Condition Contact In Event Of Emergency

Offsite dust or waste Visible particles at such levels as to cause nuisance and/or aesthetic impact on neighbours or environment off site.

Site Manager

Site Owner

DER

Slope/stockpile failure Slumping or other failure of soil stockpiles or excavations.

Site Manager

Contaminated soil A significant quantity of contaminated soil or aesthetically unacceptable material excavated on site.

Site Manager

Site Owner

DER

Contamination of waterway

Sediment run off into waterway (i.e. Roebuck Bay) with potential to cause off site impact.

Site Manager

Site Owner




7.4 Complaints

In the event a complaint is received it shall be recorded appropriately. The following information should be collected in the event a complaint is received to allow formal judgement of the nature and severity of the complaint and to ensure that the person voicing the complaint can receive feedback if he/she has requested it. Information will be recorded in the event of a phone complaint, written or verbal complaint made to a member onsite. The following information should be collected:

1. Time and date of incident.

2. Nature of complaint (location, description of events that led to complaint, etc).

3. Weather conditions.

4. Involved parties.

5. Name and contact details of person making complaint (if provided).

6. If response is required.

7. Person recording complaint.

Every complaint relating to the environment shall be treated as an environmental incident and therefore recorded as an environmental incident.

8 SMP Records and Review

8.1 SMP Records

An environmental management program can generate numerous records or reports. In order that the full benefit of improved environmental management practice is obtained, and as part of demonstrating due diligence, these records need to be identified and accessible for audit and management review purposes.

A mechanism for surveillance and internal reporting of SMP compliance performance by all stakeholders must be implemented by the Site Owner during the life of the SMP. This may include the following components:

> Ensure that records must be easily located and accessible for all personnel so they have the

procedures and working instructions to perform their work

> Appointment of a representative who has responsibility for the SMP works at the site;

> Maintaining a record of all ACM material removed from site. Including the following:

- The location of ACM fragments removed from site and the subsequent gridded walkover and raked area dimensions.

- Condition and weight of the asbestos.

- Type (cement sheet, vinyl, mastic).

- Friable / non-friable.

- Gridded walkover findings

o Disposal documentation including the asbestos disposal receipt from the licensed

landfill facility where asbestos waste was disposed.

o Soil tracking log (if required).




> Maintaining a record of any breaches of the requirements of the SMP and which outlines action

taken to prevent recurrence of the breach. An appropriate record is included in Appendix B of this

report, and;

> Site inspections by the Site Owner or the designated representative to confirm compliance with the

requirements of the SMP by the site workers.

8.2 Plan Review

This SMP will be reviewed by the site owner as required to maintain the plan with respect to the current conditions of the site. The review must be by an appropriately qualified and experienced environmental professional. The review would examine the suitability of the plan assessed against any changes in site conditions, work requirements, legislation, environmental conditions or data and other relevant factors.

The SMP must be revised or an addendum issued to reflect any significant changes necessary to provide adequate procedures to ensure continued public and environmental safety and compliance with legislation. (It is noted that this plan is copyright protected.)



8 September 2016 OSH022_Slipway Asbestos Site Mangement Plan_01.2 - Copy.docx Appendix A

2 Pages

Figures

Figure 1: Site Locality Plan

Figure 2: Extent of Basecourse Map

SLIPWAY

0 50 100

Metres

Legend

Slipway

Map Produced by Cardno

Date: 19-1-2016Coordinate System: GDA 1994 MGA Zone

51 Project: 815097Map: Broome_Port_Site_Photos.mxd 01

Broome Port Slipway Location

FIGURE 01Scale at A31:2,000

BROOME PORT

®

® Map Produced by Cardno Geoscience and EnvironmentDate: 2016-05-04

Coordinate System: GDA 1994 MGA Zone 51Project: CLP815097

Map: CLP815097-GS-001-SlipLoc.mxd 01

Aerial imagery supplied by nearmap (April 2016)

LegendSlipway

100 mm Base Course Layer

BROOME PORT SLIPWAY LOCATIONFIGURE 2

Broome Report

0 50 100

Metres

Scale at A31:2,000



8 September 2016 OSH022_Slipway Asbestos Site Mangement Plan_01.2 - Copy.docx Appendix B

8 Pages

SMP Example Records

Induction Log

Environmental Inspection checklist

Soil Tracking Log

Environmental Incident Form

Appendix B

Environmental Inspection Checklist (Week Commencing ___/___/____)

Issue

Checked (Initial) Comments (Attach any additional notes and

relevant documentation/correspondence)

Sun Mon Tue Wed Thu Fri Sat

Erosion and Sediment

Noise

Air & Dust

Solid Waste

Other Issues:

Check completed by:…………………………….. Signed:…………………….. Date:….…/……./……..

Appendix B

Environmental Inspection Checklist (Date ___/___/____)

Issue Compliance

Comments Yes No N/A

General

Security

Traffic control and roads

Litter

Work hours

Training

Documentation

Air and Dust

Dust generation

Mud / dirt on roads

Air / odour emissions

Stormwater

Drainage diversion

Chemicals / oils

Sediment

Solid Waste

Recyclables

Inert waste

Hazardous waste

Contaminated soils

Other

Check completed by:……………………………..

Signed:…………………….. Date:….…/……./……..

Appendix B

Compliance Agreement

1. INSTRUCTIONS: This form is to be completed by each person to work on the subject project work site and returned to the Project Manager prior to site activities. Copies of signed Compliance Agreements shall be kept in the Project File.

Project Name: Broome Port Site Management Plan

Project Number:

Date of Plan:

I have read and understand the contents of this Soil Management Plan and hereby agree to abide by its provisions and follow the directions of the site supervisor. I understand that it is in my best interest to see that site operations are conducted in the safest manner possible; therefore, I will be alert to site health, safety and environmental conditions at all times.

Name Signature Date

Appendix B

Soil Tracking Log

Document Title: Soil Management Plan

Revision: 1

Site: Broome Port Slipway

Date:

Soil Source Details

Soil Type and Description

Fill

Silt / Clay / Sand / Rock / Concrete / Building Rubble / Other (specify)

Topsoil

Natural

Observations:

Source Location (Stockpile or excavation area)

Source size (m x m) and depth (m)

Estimated Volume (m3 in situ)

Sketch of Source Area

Appendix B

Soil Destination Details

Destination Location (stockpile number or fill location)

Destination size (m x m) and depth (m)

Truck Size (m2) and Rego

Truck Loads

Estimated Volume (m3 placed)

Sketch of Destination Area

Soil Tracking Log Approval

Operator (Name, Position, Signature & Date)

Site Supervisor (Name, Position, Signature & Date)

Appendix B

Environmental Incident Form (Date ___/___/____)

Reported by

Site: Broome Port Slipway

Step 1 – Information to address incident

Time and date of incident

Location

Weather conditions

Description of environmental incident (including any environmental damage)

Involved parties

Witness of incident (name and contact details)

Incident level (Table 1 below)

Possible corrective action

Deadline to rectify issue

Person responsible for rectification

Signoff and dated

Appendix B

Reported by

Step 2 – Rectifying the issue

Steps taken to rectify issue

Parties involved in rectification

Changes made to practices so incident will not reoccur

Changes approved?

Signoff and dated

Step 3 – Monitoring Success

Is this a reoccurred incident?

Has the rectification been successful?

If no, provide detail and repeat step 2.

Signoff and dated

Appendix B

Table 1: Incident levels

Incident Category

Rank Description Reporting Level Reporting

Time

1 High

Incident with a significant risk of environmental impact or cause of alarm to neighbours and the community

Site Owner (Kimberley Port Authority), Site Manager & Responsible Authorities (e.g. DER, etc.)

Immediate

2 Intermediate

Incident with potential to cause minor environmental impact or cause concern to neighbours or the community

Site Owner (Kimberley Port Authority), Site Manager & Responsible Authorities (e.g. DER, etc.)

24 hours

3 Low

Incident unlikely to cause immediate environmental impact but requires rectification

Site Owner (Kimberley Port Authority) & Site Manager

7 days

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