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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017) i
Application for Licence Amendment
Division 3, Part V Environmental Protection Act 1986
Licence Number L4474/1976/14
Applicant
Fremantle Port Authority
ABN 78 187 229 472
File Number DEC1712/5
Premises Kwinana Bulk Jetty
Port Road
KWINANA BEACH WA 6167
Lot 4552 on Deposited Plan 220690 and portion of Lot 497 on plan
35196
Date of Report 16 September 2019
Status of Report Final
Amendment
Report
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Licence: L4474/1976/14
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Table of Contents
1. Definitions of terms and acronyms
...................................................................
2
2. Purpose and scope of assessment
...................................................................
4
2.1 Amendment description
..........................................................................................
4
2.2 Amendment History
................................................................................................
5
3. Location and siting
.............................................................................................
5
3.1 Residential and sensitive Premises
........................................................................
5
4. Risk assessment
.................................................................................................
7
4.1 Determination of emission, pathway and receptor
.................................................. 7
4.2 Consequence and likelihood of risk events
............................................................. 9
4.3 Acceptability and treatment of Risk Event
.............................................................
10
4.4 Risk of Dust Emissions
.........................................................................................
10
4.5 Risk of Noise Emissions
.......................................................................................
11
4.6 Risk of Discharges to Water
.................................................................................
12
5. Applicant’s comments
......................................................................................
13
6. Conclusion
........................................................................................................
13
Appendix 1: Amended Licence
................................................................................
15
Appendix 2: Summary of Licence Holder Comments
............................................ 16
Table 1: Definitions
................................................................................................................
2
Table 2: Licence amendments
..............................................................................................
5
Table 3: Receptors and distance from activity boundary
.......................................................... 5
Table 4: Environmental receptors and distance from activity
boundary ........................... 6
Table 5: Risk assessment during operations
............................................................................
7
Table 6: Risk rating matrix
.......................................................................................................
9
Table 7: Risk criteria table
........................................................................................................
9
Table 8: Risk treatment table
.................................................................................................
10
Table 9: Assigned noise levels for KIA industrial receptors
.................................................... 12
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
1. Definitions of terms and acronyms
In this Amendment Report, the terms in Table 1 have the meanings
defined.
Table 1: Definitions
Term Definition
AACR Annual Audit Compliance Report
ACN Australian Company Number
AER Annual Environment Report
AS 4156.6 – 2000 Australian Standard AS 4156.6 – 2000:
Determination of Dust/moisture Relationship for Coal.
Category/ Categories/ Cat.
Categories of Prescribed Premises as set out in Schedule 1 of
the EP Regulations
CS Act Contaminated Sites Act 2003 (WA)
Decision Report refers to this document.
Delegated Officer an officer under section 20 of the EP Act.
Department means the department established under section 35 of
the Public Sector Management Act 1994 and designated as responsible
for the administration of Part V, Division 3 of the EP Act.
DWER Department of Water and Environmental Regulation
As of 1 July 2017, the Department of Environment Regulation
(DER), the Office of the Environmental Protection Authority (OEPA)
and the Department of Water (DoW) amalgamated to form the
Department of Water and Environmental Regulation (DWER). DWER was
established under section 35 of the Public Sector Management Act
1994 and is responsible for the administration of the Environmental
Protection Act 1986 along with other legislation.
EPA Environmental Protection Authority
EP Act Environmental Protection Act 1986 (WA)
EP Regulations Environmental Protection Regulations 1987
(WA)
EPBC Act Environment Protection and Biodiversity Conservation
Act 1999 (Cth)
Existing Licence The Licence issued under Part V, Division 3 of
the EP Act and in force prior to the commencement of, and during
this Review
Licence Holder Fremantle Port Authority
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mᶟ cubic metres
Minister the Minister responsible for the EP Act and associated
regulations
MS Ministerial Statement
mtpa million tonnes per annum
NEPM National Environmental Protection Measure
Noise Regulations Environmental Protection (Noise) Regulations
1997 (WA)
Occupier has the same meaning given to that term under the EP
Act.
PM Particulate Matter
PM10 used to describe particulate matter that is smaller than 10
microns (µm) in diameter
Prescribed Premises
has the same meaning given to that term under the EP Act.
Premises refers to the premises to which this Decision Report
applies, as specified at the front of this Decision Report
Primary Activities as defined in Schedule 2 of the Revised
Licence
Review this Licence review
Revised Licence the amended Licence issued under Part V,
Division 3 of the EP Act following the finalisation of this
Review.
Risk Event As described in Guidance Statement: Risk
Assessment
UDR Environmental Protection (Unauthorised Discharges)
Regulations 2004 (WA)
µg/m3 micrograms per cubic metre
µg/L micrograms per litre
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
2. Purpose and scope of assessment
This amendment is made pursuant to section 59 of the
Environmental Protection Act 1986 (EP Act) to amend the Licence
issued under the EP Act for a prescribed premises as set out below.
This notice of amendment is given under section 59B(9) of the EP
Act.
This notice is limited only to an amendment for Category 58.
The following guidance statements have informed the decision
made on this amendment:
Guidance Statement: Regulatory Principles (July 2015)
Guidance Statement: Setting Conditions (October 2015)
Guidance Statement: Land Use Planning (February 2017)
Guidance Statement: Licence Duration (August 2016)
Guidance Statement: Decision Making (February 2017)
Guidance Statement: Risk Assessment (February 2017)
Guidance Statement: Environmental Siting (November 2016)
2.1 Amendment description
Under the existing Licence (L4474/1976/14) the Licence Holder
loads and unloads the following bulk materials:
Ammonia sulfate Potash
Cement clinker Silica sands
Granulated slag Soya bean meal
Gypsum Sulfur
Phosphates Urea
On 12 April 2019 2019, the Licence Holder applied for an
amendment to L4474/1976/14 under the provisions of the EP Act to
authorise the:
Increase in Potash imports from 150,000 tpa to 400,000 tpa;
and
Increase Soya Bean Meal imports from 60,000 tpa to 150,000
tpa.
from the Kwinana Bulk Jetty.
The Premises comprises two shipping berths and associated
infrastructure including conveyor systems and transfer towers. The
two berths are known as Kwinana Bulk Berth 3 (KBB3) and Kwinana
Bulk Berth 4 (KBB4). KBB4 is equipped with a Siwertell auger-type
continuous unloader. This is a fully enclosed unloading system.
KBB3 is equipped with two bulk material hoppers. When vessels are
unloaded on KBB4, it is undertaken using either the Siwertell or
ships grabs into hoppers. Table 2 lists the documents submitted
during the assessment process.
It is important to note that whilst the tonnages for the two
commodities has increased, the overall annual tonnage of material
handled at the Premises will remain at 3,485,800 tonnes.
During this amendment, the CEO has also initiated an amendment
to the type and style of the licence during June 2019 and has
issued a revised licence incorporating all of the recent amendment
notices. The obligations of the Licence Holder have not changed in
making this amendment. During consolidation of amendment notice/s;
DWER has not undertaken any addition risk assessment of the
Premises.
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
The CEO has:
Incorporated Amendment Notices #1 and 2, issued in 2018 and 2019
respectively and as listed below in the instrument log table;
Updated in that style and appearance of the Licence.
The Amended Licence is located in Attachment 1 of this Amendment
Report.
2.2 Amendment History
Table 2 provides the amendment history for L4474/1976/14.
Table 2: Licence amendments
Instrument Issued Amendment
L4474/1976/14 26 July 2016 Licence review
L4474/1976/14 8 June 2018 Amendment Notice 1: An amendment was
applied for to include the export of 624,000 tpa of silica sands as
well as the increase in tonnages of cement clinker imports,
phosphate imports, potash imports and urea imports. It also
included the installation and operation of two bulk material
hoppers on KBB3 Berth.
L4474/1976/14 16 January 2019
Amendment Notice 2: The licence was amended via a DWER initiated
amendment to include Trial conditions to the Existing Licence
L4474/1976/14 DATE Amendment to licence to increase the imports
of potash and soya bean meal.
The Amendment includes a CEO initiated consolidation of
Amendment Notices 1 and 2 into the Licence. During the
consolidation DWER has not undertaken any additional risk
assessment.
3. Location and siting
3.1 Residential and sensitive Premises
The distances to residential and sensitive receptors are
detailed in Table 3.
Table 3: Receptors and distance from activity boundary
Residential and sensitive premises Distance from Prescribed
Premises
Closest residential premises (zoned residential) Approximately
2,100 m to the south-west of KBB4 Berth and 2,350 m from KBB3
Berth
Commercial premises – Kwinana Beach Lunch Bar
(zoned industrial)
Approximately 670 m south-east of KBB4
Public open space – Park
(zoned parks and recreation)
Approximately 550 m east of KBB4
Industrial neighbours Industrial zoning is immediately adjacent
to the premises with the closest office buildings located
approximately 1,200 m north-east of the ship-loading
facilities.
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
Figure 1: Proximity of the Premises to industrial and
residential receptors
Table 4 below lists the relevant environmental receptors in the
vicinity of the Prescribed Premises which may be receptors relevant
to the proposed amendment.
Table 4: Environmental receptors and distance from activity
boundary
Environmental receptors Distance from Prescribed Premises
Cockburn Sound (proclaimed State Environmental Policy Area)
Within and directly adjacent to the premises boundary
Resource enhancement wetland - unnamed 2,350 m to the east
Conservation Category wetland – unnamed 2,350 m to the east
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Licence: L4474/1976/14
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4. Risk assessment
4.1 Determination of emission, pathway and receptor
In undertaking its risk assessment, DWER will identify all
potential emissions pathways and potential receptors to establish
whether there is a Risk Event which requires detailed risk
assessment.
To establish a Risk Event there must be an emission, a receptor
which may be exposed to that emission through an identified actual
or likely pathway, and a potential adverse effect to the receptor
from exposure to that emission. Where there is no actual or likely
pathway and/or no receptor, the emission will be screened out and
will not be considered as a Risk Event. In addition, where an
emission has an actual or likely pathway and a receptor which may
be adversely impacted, but that emission is regulated through other
mechanisms such as Part IV of the EP Act, that emission will not be
risk assessed further and will be screened out through Table 5.
The identification of the sources, pathways and receptors to
determine Risk Events are set out in Table 5 below.
Table 5: Risk assessment during operations
Risk Event
Consequence rating
Likelihood rating
Risk Reasoning Source/Activities
Potential emissions
Potential receptors
Potential pathway
Potential adverse impacts
Cat 58
Bulk material
loading or unloading
Storage, stockpiling, reclaiming and loading of potash
Dust:
associated with the handling of bulk material using mobile
hoppers, conveyors and other ship loading equipment
Residential receptors
Air/wind dispersal
Health and amenity impacts
Moderate Possible Medium Refer to risk assessment below
Spills and stormwater:
associated with increase in bulk material handling
Aquatic organisms of Cockburn Sound
Direct discharge Surface water runoff
Reduced water quality resulting in declining ecosystem
health
Major Unlikely Medium Refer to risk assessment below
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Storage, stockpiling, reclaiming and loading of soya bean
meal
Dust:
associated with the handling of bulk material using mobile
hoppers, conveyors and other ship loading equipment
Residential receptors
Air/wind dispersal
Health and amenity impacts
Moderate Unlikely Medium Refer to risk assessment below
Spills and stormwater:
associated with increase in bulk material handling
Aquatic organisms of Cockburn Sound
Direct discharge Surface water runoff
Reduced water quality due to increase in sedimentation resulting
in declining ecosystem health
Major Unlikely Medium Refer to risk assessment below
Storage, stockpiling, reclaiming and loading of potash and soya
bean meal
Noise:
associated with additional vehicle movements, hoppers, conveyors
and operation of ship loading equipment
Residential receptors
Air/wind dispersal
Impacts to amenity
Minor Rare Low Refer to risk assessment below
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
4.2 Consequence and likelihood of risk events
A risk rating will be determined for risk events in accordance
with the risk rating matrix set out in Table 6 below.
Table 6: Risk rating matrix
Likelihood Consequence
Slight Minor Moderate Major Severe
Almost certain Medium High High Extreme Extreme
Likely Medium Medium High High Extreme
Possible Low Medium Medium High Extreme
Unlikely Low Medium Medium Medium High
Rare Low Low Medium Medium High
DWER will undertake an assessment of the consequence and
likelihood of the Risk Event in accordance with Table 7 below.
Table 7: Risk criteria table
Likelihood Consequence
The following criteria has been
used to determine the likelihood of
the Risk Event occurring.
The following criteria has been used to determine the
consequences of a Risk Event occurring:
Environment Public health* and amenity (such as air
and water quality, noise, and odour)
Almost
Certain
The risk event is
expected to occur
in most
circumstances
Severe onsite impacts: catastrophic offsite impacts local scale:
high level
or above
offsite impacts wider scale: mid-level
or above
Mid to long-term or permanent impact to
an area of high conservation value or
special significance^
Specific Consequence Criteria (for
environment) are significantly exceeded
Loss of life
Adverse health effects: high level or
ongoing medical treatment
Specific Consequence Criteria (for
public health) are significantly
exceeded
Local scale impacts: permanent loss
of amenity
Likely The risk event will probably occur in
most circumstances
Major onsite impacts: high level offsite impacts local scale:
mid-level
offsite impacts wider scale: low level
Short-term impact to an area of high
conservation value or special
significance^
Specific Consequence Criteria (for
environment) are exceeded
Adverse health effects: mid-level or
frequent medical treatment
Specific Consequence Criteria (for
public health) are exceeded
Local scale impacts: high level
impact to amenity
Possible The risk event could occur at
some time
Moderate onsite impacts: mid-level offsite impacts local scale:
low level
offsite impacts wider scale: minimal
Specific Consequence Criteria (for
environment) are at risk of not being met
Adverse health effects: low level or
occasional medical treatment
Specific Consequence Criteria (for
public health) are at risk of not being
met
Local scale impacts: mid-level
impact to amenity
Unlikely The risk event will probably not occur
in most
circumstances
Minor onsite impacts: low level offsite impacts local scale:
minimal
offsite impacts wider scale: not
detectable
Specific Consequence Criteria (for
environment) likely to be met
Specific Consequence Criteria (for
public health) are likely to be met
Local scale impacts: low level impact
to amenity
Rare The risk event may only occur in
exceptional
circumstances
Slight onsite impact: minimal Specific Consequence Criteria
(for
environment) met
Local scale: minimal to amenity
Specific Consequence Criteria (for
public health) met
^ Determination of areas of high conservation value or special
significance should be informed by the Guidance Statement:
Environmental Siting.
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* In applying public health criteria, DWER may have regard to
the Department of Health’s Health Risk Assessment (Scoping)
Guidelines. “onsite” means within the Prescribed Premises
boundary.
4.3 Acceptability and treatment of Risk Event
DWER will determine the acceptability and treatment of Risk
Events in accordance with the Risk treatment table 8 below:
Table 8: Risk treatment table
Rating of Risk Event
Acceptability Treatment
Extreme Unacceptable. Risk Event will not be tolerated. DWER may
refuse application.
High May be acceptable.
Subject to multiple regulatory controls.
Risk Event may be tolerated and may be subject to multiple
regulatory controls. This may include both outcome-based and
management conditions.
Medium Acceptable, generally subject to regulatory controls.
Risk Event is tolerable and is likely to be subject to some
regulatory controls. A preference for outcome-based conditions
where practical and appropriate will be applied.
Low Acceptable, generally not controlled.
Risk Event is acceptable and will generally not be subject to
regulatory controls.
4.4 Risk of Dust Emissions
Potash
Potash is a granular material composed of Potassium Chloride. It
is not considered to be a toxic risk to public health. Fugitive
dust, in the form of PM10 however, may increase due to the increase
in volume of potash being handled. The Licence Holder has advised
that potash will be unloaded via the ship’s grab into trucks (via
hoppers) or by the Siwertell and the two bulk material hoppers
prior to being transferred to the southern KBB4 conveyor or the
CSBP conveyor at KBB3.It will then be conveyed directly offsite.
The Licence Holder has provided the controls used for dust during
use of the Siwertell. These controls include:
Siwertell is self-contained and fully enclosed, fitted with dust
extraction system on the conveyor and water sprays;
Sweeper trucks to remove dust, spilt or accumulated material
from the berth and jetty neck and all trafficable areas within the
prescribed premises;
Monitor weather and control discharge rates during adverse
weather conditions;
Onsite inspections during unloading When potash is unloaded from
the ships hatch to hoppers, the following controls are in place to
control dust emissions:
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Sweeper trucks to remove any spilt dust or accumulated
material;
Stevedore monitors and controls grab to reduce dust
spillage;
Monitor weather and control discharge rates during adverse
weather conditions;
Onsite inspections during unloading; and
Bulk material hoppers are utilized and fitted with dust
extraction system, dust grid and truck loading chute.
It has been determined that the consequence of dust emissions
will remain at moderate as they may cause mid-level impacts to
amenity. Given the distance to receptors and the proposed controls,
the likelihood of amenity or health impacts from dust from the
increase in potash handling remains as possible. The overall risk
rating is therefore Medium.
Soya Bean Meal Soya Bean Meal is a light-weight dry product,
consisting of fine and course particles. It is not considered to be
a toxic risk to public health. Fugitive dust, in the form of PM10
however, may increase due to the increase in volume of potash being
handled. The Licence Holder has advised that Soya Bean Meal is
unloaded by the ship’s grab into trucks via hoppers prior to being
taken directly offsite. When Soya Bean Meal is unloaded from the
ships hatch to hoppers, the following controls are in place to
control dust emissions:
Sweeper trucks to remove any spilt dust or accumulated
material;
Stevedore monitors and controls grab to reduce dust
spillage;
Monitor weather and control discharge rates during adverse
weather conditions;
Onsite inspections during unloading;
Bulk material hoppers are utilized and fitted with dust
extraction system, dust grid and truck loading chute.
It has been determined that the consequence of dust emissions
will remain at moderate as they may cause mid-level impacts to
amenity. Given the distance to receptors and the proposed controls,
the likelihood of amenity or health impacts from dust from the
increase in soya bean meal handling remains as possible. The
overall risk rating is therefore Medium.
4.5 Risk of Noise Emissions
An increase in volumes of material handled at the Premises will
result in the generation of noise from additional truck movements
and the mobilization/operation of loading equipment.
The Premises nearest noise sensitive receptors are located
within the KIA and are therefore assigned a higher acceptable noise
level than other industrial receptors under the Environmental
Protection (Noise) Regulations 1997
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
Table 9: Assigned noise levels for KIA industrial receptors
Receptor Time of day Assigned level (dB)
LA10 LA1 LAmax
Industrial and utility premises in the KIA (industrial receptors
A, B and C)
All hours 75 85 90
Industrial and utility premises other than those in the KIA
All hours 65 80 90
Source: EP Noise Regulations
Increased annual loading rates are expected to increase the
frequency of loading during night time hours, when residential
receptors are at their most sensitive to noise. The consequence
will remain as minor, as there may be low level amenity impacts. It
is expected that the noise criteria will continue to be met. The
nearest residential receptors are approximately 2,100 m from the
Premises. It is not expected they will be significantly impacted by
noise unless in exceptional circumstances. Therefore, the
likelihood of noise impacts to amenity is rare, giving an overall
risk rating of low.
4.6 Risk of Discharges to Water
Potash Potash is a soluble material, and in the event of a spill
it has the potential to raise nutrient concentrations within the
Cockburn Sound. Whilst the volume of potash exports is increasing,
the volume of a potential spill would still be expected to remain
the size of the grab bucket (approximately 10 – 15 m3 – noting that
the 15 m3 grab size is utilized when operating the bulk material
hoppers.). The result of such spill may result in a reduction of
oxygen levels at a local scale, reducing the ability for marine
life to survive. The Licence Holder has the following controls in
place to reduce the risk of direct discharges to water whilst
unloading product as well as spillage of potash on the ships deck
resulting in discharge to surface water:
Sweeper trucks to remove spilt material from berth and jetty
neck;
Bunded and sealed berth with drainage containment and sump
systems;
Contaminated stormwater/wastewater is contained in holding tanks
or pumped directly into trucks for disposal;
Ship loading/unloading is inspected by licensee personnel;
Annual monitoring of Cockburn Sound undertaken in accordance
with Licence condition; and
Deflector plates used to cover the grab swing zone during
unloading. The consequence of a potash spill into the marine
environment would be considered a mid-level impact at a local scale
and is therefore considered a major consequence.
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IR-T04 Decision Report Template v2.0 (July 2017)
Based on the Licence Holder controls in place, the likelihood of
the impact occurring remains as unlikely. Therefore the overall
risk rating remains as medium. The Existing Licence has conditions
specifying that bulk granular material must not spill, or cause to
be spilt, into the marine environment. It specifies routine
inspection and cleaning of under floor spill tray along conveyor
CV01 and CV02. It also requires the Licence Holder to remove any
build-up of bulk granular material that may land on the berth’s
edge during loading. The Licence Holder is required to ensure that
deflector plates are in place during operation of all grab buckets.
Soya Bean Meal Increasing the volume of Soya Bean Meal increases
the risk of spillage and the risk of contamination of stormwater.
Soya Bean Meal is an insoluble product containing no hazardous
ingredients. However, if a spill occurred the marine environment
would be impacted by increased sedimentation. The Licence Holder
considers that existing water quality management controls are
adequate for the management of this risk. These controls
include:
Sweeper trucks removing spilt material from berth and jetty
neck;
All spilt cargo onto ships deck to be cleaned using dry methods
only;
Bunded and sealed berth with drainage containment and sump
system;
Contaminated stormwater/wastewater contained in holding tanks or
pumped directly into trucks (from containment system) for
disposal.
Inspections to occur by licensee personnel during ship
loading/unloading;
Cockburn Sound monitoring undertaken as per licence
conditions;
Deflector plates placed to sufficiently cover the grab swing
zone when unloading products.
The consequence of a soya bean meal spill into the marine
environment would be considered a mid-level impact at a local scale
and is therefore considered a major consequence. Based on the
Licence Holder controls in place, the likelihood of the impact
occurring remains as unlikely. Therefore the overall risk rating
remains as medium.
5. Applicant’s comments
The Licence Holder was provided with the draft Decision Report
and draft amended Licence on 20 August 2019. The Licence Holder
provided comments which are summarised, along with DWER’s response,
in Appendix 2.
6. Conclusion
This Amendment authorises the:
Increase in potash import from 150,000 to 400,000 tonnes per
annum; and
Increase in soya bean meal from 60,000 to 150,000 tonnes per
annum.
The Existing Licence tally’s the total tonnages of each of the
commodities, however, it was determined the Licence will specify
the individual tonnage and not the increase in overall total
tonnage. The annual tonnage will remain at 3,485,800 tonnes.
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
The risk assessment has determined the key emissions arising
from the increase in commodities of potash and soya bean meal are
dust, noise and discharges to water. The Delegated Officer has
determined that the Licence Holder controls for the handling of
bulk product and existing licence conditions are adequate to manage
potential emissions for the increase in these commodities. Schedule
2 has been updated to reflect the increase in tonnage.
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
Appendix 1: Amended Licence
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Appendix 2: Summary of Licence Holder Comments
The Licence Holder was provided with the draft Amendment Report
on 20 August 2019 for review and comment. The Licence Holder
responded on 10 September 2019. The following comments were
received on the draft Amendment Report.
Condition Summary of Licence Holder comment DWER response
Definitions – CEO Fremantle Ports notes the change to the CEO
details. Noted
Condition 1 The formatting of this condition differs to the
formatting presented in the existing licence (issued 29 July 2016),
which may change the interpretation of the condition. Fremantle
Ports suggests the condition is presented inline with the previous
version, as below:
1. The Licensee must comply with the EP Act and all regulations
prescribed under the EP Act applicable to
the Premises, including:
(a) the duties of an occupier under s 61; (b) the duty to notify
the CEO of Discharges of
waste under s 72; and
(c) not causing, or doing anything that is likely to cause, an
offence under the EP Act,
except where the Licensee does something in
accordance with a Condition which expressly states
that a defence under s 74A of the EP Act may be
available.
Formatting has been reverted to exactly as was in the existing
licence to ensure no change in interpretation of the condition.
Condition 2 Fremantle Ports recommends that reference to ‘Table
5’ in this condition should be changed to ‘Table 6’ in line with
Fremantle Ports’ comments noted below against ‘Table 5:
Infrastructure and equipment controls table.’
All table numbering in the document has been corrected.
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Condition Summary of Licence Holder comment DWER response
Condition 5 Fremantle Ports recommends that reference to
‘Condition 7’ in this condition be changed to ‘Condition 4’, to
align with the relevant condition.
All condition numbering and referencing has been rectified.
Condition 6 Fremantle Ports recommends the following text is
added to the end of this condition to align with the existing
licence (issued 29 July 2016):
‘If the Licensee proves that it has acted in accordance with
this Condition, it may be a defence under s 74A of the EP Act to
proceedings for offences under the EP Act (including offences under
section 56).’
Omitted from draft in error during amalgamation process. Text
has been reinstated.
Condition 11 Fremantle Ports recommends that reference to
‘Condition 9’ in this condition be changed to ‘Condition 6’, to
align with the relevant condition.
All condition numbering and referencing has been rectified.
Condition 17 As Condition 17 was met and closed by your
Department on 9 May 2019, Fremantle Ports recommends this condition
be removed from the licence. Please refer to the attached letter
from DWER (Your ref: DER2018/001046) to Fremantle Ports closing out
Condition 17.
Construction conditions removed as per correspondence.
Condition 20 Condition 20 is only partly presented. Fremantle
Ports requests that the remainder of the condition be added as
follows ‘…with Condition 19, whichever comes first. A Trial may
only recommence upon notification of a Trial amendment, in
accordance with Condition 18(g).’
The draft amendment had a section of the Trial Notification
conditions deleted in error. All Trial Conditions have been
reinstated to the Licence with correct numbering and
referencing.
(Conditions 21-23 – Amendment 2)
The Trial Conditions are only partly presented. Fremantle Ports
requests that the additional Trial Conditions (Conditions 21-23 of
Amendment 2) are added to the licence.
The draft amendment had a section of the Trial Notification
conditions deleted in error. All Trial Conditions have been
restored with correct numbering and referencing.
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IR-T04 Decision Report Template v2.0 (July 2017)
Condition Summary of Licence Holder comment DWER response
Table 3: Emission Table
Fremantle Ports recommends that the duplicated headings
(including Column 1, Column 2, Emission Type and
Exclusions/Limitations/Requirements) are removed from Table 3.
The duplicated heading has been removed.
Table 3: Infrastructure and equipment
Fremantle Ports recommends that ‘Table 3: Infrastructure and
equipment’ be changed to ‘Table 4: Infrastructure and equipment’,
to avoid duplication of Table 3 and to be in sequential order with
preceding tables.
All table numbering in the document has been corrected.
Table 4: Bulk materials volumes assessed
Fremantle Ports recommends that ‘Table 4: Bulk materials volumes
assessed’ be changed to ‘Table 5: Bulk materials volumes assessed’
to avoid duplication of Table 4 and to be in sequential order with
preceding tables.
All table numbering in the document has been corrected.
Table 4: Bulk materials volumes assessed
Fremantle Ports notes the increase in Potash and Soya Bean
tonnages to 400,000 tonnes and 150,000 tonnes respectively.
Noted
Table 4: Bulk materials volumes assessed
Fremantle Ports notes that the ‘Total volume handled’ and
‘3,485,800 tonnes’ has been deleted and marked as strikethrough
text. Fremantle Ports recommends that the total volume handled
remains at 3,485,800 and is aware that the cumulative total of all
tonnage limits exceeds 3,485,800.
Noted. The figure will remain as is. A sentence in the Amendment
Report has been added in section 2.1 to explain that whilst the
total volume of commodities exceeds that figure, the annual total
volume handled will remain at 3,485,800 tonnes.
Table 5: Infrastructure and equipment controls table
‘Table 5: Infrastructure and equipment controls table’ should be
changed to ‘Table 6: Infrastructure and controls table’ to avoid
duplication of Table 5 and to be in sequential order with preceding
tables.
All table numbering in the document has been corrected.
Schedule 2: General Category 58A should be added to the general
description Category 58A has been added in both paragraphs.
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
Condition Summary of Licence Holder comment DWER response
Description (2nd & 3rd paragraph)
(2nd paragraph) and infrastructure and equipment (3rd paragraph)
sections.
Schedule 2: General Description (Bulk Materials loaded and
unloaded section, 2nd paragraph)
Fremantle Ports requests that ‘silica sands’ is added to the
bulk products currently handled through KBJ, in line with Amendment
Notice 1.
Silica sands has been added.
Schedule 3: (Infrastructure and Equipment)
Fremantle Ports recommends adding the title ‘Schedule 3:
Infrastructure and Equipment’ to the licence, immediately following
‘Table 4: Bulk materials volumes assessed’ and preceding ‘Table 5;
Infrastructure and equipment controls table.’
Schedule 3 was deleted from the draft in error during the
amalgamation. It has been reinstated.
Schedule 3: Monitoring
Fremantle Ports recommends ‘Schedule 3: Monitoring’ is changed
to ‘Schedule 4: Monitoring’
The Schedule numberings have been corrected.
Pages 4, 10 & 11 ‘Trial’ is misspelt on pages 4, 10 and 11
Spelling errors rectified.
Condition numbering Conditions 7-9 are missing from the licence.
Fremantle Ports recommends that the Licence conditions be
renumbered in sequential order to remove any absent conditions.
All condition numbering and referencing has been rectified.
General Comments – Amendment Report
2.1 Amendment description (paragraph 4)
Fremantle Ports notes the amalgamation of Amendment Notice 1 and
Amendment Notice 2 into the licence.
Noted.
Table 5 (row 1) Fremantle Ports requests the reference to
‘phosphate’ in ‘Storage, stockpiling, reclaiming and loading of
phosphate’ is changed to ‘potash’ in line with the risk assessment
of
The incorrect reference to ‘phosphate’ has been corrected to
‘potash’.
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Licence: L4474/1976/14
IR-T04 Decision Report Template v2.0 (July 2017)
Condition Summary of Licence Holder comment DWER response
potash.
Section 4.6 (Potash) – second paragraph
Fremantle Ports notes the size of grab buckets ranges from
‘approximately 10 -15 m3 noting that the 15 m3 grab size is
utilised when operating the bulk material hoppers.
Noted – the reference ’10 – 12 m3’ has been amended to ’10 – 15
m3’ for grab bucket size with the additional note that 15m3 grab
size is utilised when operating the bulk material hoppers.