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ENVIRONMENTAL ASSESSMENT REPORT North BorrowClay Extractive Pit Tasman Highway, Cranbrook Tasmanian Irrigation Pty Ltd Board of the Environment Protection Authority September 2016
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ENVIRONMENTAL ASSESSMENT REPORT

“North Borrow” Clay Extractive Pit

Tasman Highway, Cranbrook

Tasmanian Irrigation Pty Ltd

Board of the Environment Protection Authority

September 2016

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Environmental Assessment Report Tasmanian Irrigation Pty Ltd – North Borrow Clay Extractive Pit, Cranbrook

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Environmental Assessment Report

Proponent Tasmanian Irrigation Pty Ltd

Proposal North Borrow Clay Extractive Pit

Location Tasman Highway, CRANBROOK TAS 7190

NELMS no. EPN No. 9544/1

Folder EN-EM-EV-DE-249376

Document. H563052

Class of Assessment 2A

Assessment process milestones

20 April 2016 Notice of Intent lodged

13 May 2016 EER Guidelines issued

1 August 2016 Application/Referral received by Board

6 August 2016 Start of public consultation period

20 August 2016 End of public consultation period

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Environmental Assessment Report Tasmanian Irrigation Pty Ltd – North Borrow Clay Extractive Pit, Cranbrook

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Acronyms

APIA Guidelines

The Australian Pipeline Industry Association Ltd – Code of Environmental Practice – Onshore Pipelines 2013

Board Board of the Environment Protection Authority

CEMP Construction & Environmental Management Plan

DPIPWE Department of Primary Industries, Parks, Water and Environment

EER Environmental Effects Report

EIA Environmental Impact Assessment

EMPC Act Environmental Management and Pollution Control Act 1994

EMPCS Environmental Management and Pollution Control System

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

EPGs Environmental Protection Guidelines (Appendix 1 of the EER)

EPN Environment Protection Notice

EPRs Environmental Protection Requirements for Construction (Appendix 1 of the EER)

MRT Mineral Resources Tasmania

NC Act Nature Conservation Act 2002

PCAB Policy and Conservation Advice Branch

QCoP Quarry Code of Practice 1999

RMPS Resource Management and Planning System

SD Sustainable Development

TSP Act Threatened Species Protection Act 1995

Weed Guidelines

Weed and Disease Planning and Hygiene Guidelines – Preventing the spread of weeds and diseases in Tasmania – March 2015

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Environmental Assessment Report Tasmanian Irrigation Pty Ltd – North Borrow Clay Extractive Pit, Cranbrook

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Report summary

This report provides an environmental assessment of Tasmanian Irrigation Pty Ltd’s proposed clay extractive pit. The proposal involves the extraction of up to a total of 40,000 cubic metres of clay material over a period of approximately 6 months from a temporary pit. The purpose of the pit is to supply construction material to the proposed Melrose Dam, which forms part of the Swan Valley Irrigation Scheme. This report has been prepared based on information provided by the proponent in the Environmental Effects Report (EER). Relevant government agencies and the public have been consulted and their submissions and comments considered as part of this assessment. Further details of the assessment process are presented in section 1 of this report. Section 2 describes the statutory objectives and principles underpinning the assessment. Details of the proposal are provided in Section 3. Section 4 reviews the need for the proposal and considers the alternatives to the proposal. Section 5 summarises the public and agency consultation process. The detailed evaluation of environmental issues is contained in Section 6. The report conclusions are contained in Section 7. Appendix 1 contains details of comments made and issues raised in the consultation process. Appendix 2 contains the Environment Protection Notice (EPA) for the proposal.

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Environmental Assessment Report Tasmanian Irrigation Pty Ltd – North Borrow Clay Extractive Pit, Cranbrook

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Table of Contents

1 Approval process ..................................................................................... 1

2 SD objectives and EIA principles .............................................................. 2

3 The proposal ............................................................................................ 3

4 Need for the proposal and alternatives ..................................................... 9

5 Public and agency consultation .............................................................. 10

6 Evaluation of environmental issues ........................................................ 11

7 Report conclusions ................................................................................. 24

8 Report approval...................................................................................... 25

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Environmental Assessment Report Tasmanian Irrigation Pty Ltd – North Borrow Clay Extractive Pit, Cranbrook

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1 Approval process

A Notice of Intent in relation to the proposal was received by the Board of the Environment Protection Authority (the Board) on 20 April 2016. As required by Section 27(1) of the Environmental Management and Pollution Control Act 1994 (EMPC Act), Tasmanian Irrigation Pty Ltd referred the proposal to the Board of the Environment Protection Authority (the Board) on 1 August 2016. The proposal is defined as a ‘level 2 activity’ under clause 5(b), Schedule 2 of the Environmental Management and Pollution Control Act 1994 (EMPC Act), being a clay extractive pit. The assessment has been undertaken by the Director, Environment Protection Authority under delegation from the Board. The Board required that information to support the proposal be provided in the form of an Environmental Effects Report (EER). Three drafts of the EER were submitted to the Department for comment prior to its finalisation and acceptance on behalf of the Board. The EER was released for public inspection for a 14-day period commencing on 6 August 2016. An advertisement was placed in The Examiner and a notice was placed on the EPA website. The EER was also referred at this time to relevant government agencies for comment. No public submissions were received.

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2 SD objectives and EIA principles

The proposal must be considered by the Director in the context of the objectives of the Resource Management and Planning System of Tasmania (RMPS), and in the context of the objectives of the Environmental Management and Pollution Control System (EMPCS) (both sets of objectives are specified in Schedule 1 the EMPC Act). The functions of the Board are to administer and enforce the provisions of the Act, and in particular to use its best endeavours to further the RMPS and EMPCS objectives. The Director must undertake the assessment of the proposal in accordance with the Environmental Impact Assessment Principles defined in Section 74 of the EMPC Act.

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Environmental Assessment Report Tasmanian Irrigation Pty Ltd – North Borrow Clay Extractive Pit, Cranbrook

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3 The proposal

The proposal, located approximately 3km north-east of the township of Cranbrook, is for an open-cut clay extractive pit to extract up to 40,000mᵌ of clay material by excavating to a depth of approximately 1.2m. The footprint of the extractive pit will be approximately 11.1ha and is to be located 360m north-west of the Melrose Dam inundation area. The proposed extractive pit is a “one off” operation specifically for the construction of the Melrose Dam as part of the Swan Valley Irrigation Scheme (SWAN Project) to service primary production in the local area and will be rehabilitated after completion of the SWAN project, approximately 18 months from the SWAN project commencement. The proponent intends to source the majority of the Melrose Dam wall material from within the area of inundation; however, they may require additional material which they intend to source from the proposed clay extractive pit. Approval for a second clay extractive pit “Synotts” located approximately 1.5km north-east of the proposed North Borrow Clay Extractive Pit was granted by Glamorgan Spring Bay Council on 7 July 2016 to extract up to 15,000mᵌ of clay material. That pit is considered to be a secondary source of material to this proposed “North Borrow” and will only be utilised if additional material is required for dam wall construction. The main characteristics of the proposal are summarised in Table 1. A detailed description of the proposal is provided in Section 1 of the EER. Table 1: Summary of the proposal’s main characteristics

Activity

Extraction of a maximum of 40,000 cubic metres of clay as a one off short term operation.

Location and planning context

Location Tasman Highway, CRANBROOK TAS 7190. Certificate of Title: 114465/1. Refer to Figures 1, 2 and 3 below.

Land zoning Significant Agriculture – Glamorgan Spring Bay Interim Planning Scheme 2015.

Land tenure Private Freehold

Mining lease 2021P/M

Lease Area 13.1 hectares

Bond $6,400

Existing site

Land Use The land has previously been cleared for dryland grazing on degraded pastures.

Topography The proposed pit is located within a shallow valley formed by three small hills which contain remnant native vegetation. The valley itself is a mix of degraded pastures, regenerating cleared land and lowland grassland complex.

Geology Dolerite (tholeiitic) with locally developed granophyre.

Soils Silts and clays derived from the weathering of underlying dolerite material, with the occasional Quaternary alluvial accumulations.

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Hydrology A vegetated ephemeral drainage line that leads to the Swan River runs through the north-eastern tip of the proposed borrow area. Similarly, a vegetated ephemeral drainage line that leads to the Swan River runs below the southern boundary of the proposed borrow area.

Fauna No threatened fauna species were detected during on-ground surveys, however, potential foraging habitat for the following species has been identified (Appendix 2 of the EER):

Tasmanian devil (Sarcophilus harrisii);

Spotted-tailed quoll (Dasyurus maculatus subsp. maculatus);

Tasmanian masked owl (Tyto novaehollandiae subsp. castanops);

White-bellied sea eagle (Aquila audax fleayi); and

Wedge-tailed eagle (Haliaeetus leucogaster).

Flora There is one state-listed vegetation group (Melaleuca pustulata scrub) and one state-listed flora species warty paperbark (Melaleuca pustulata) within the proposed pit area.

Local region

Climate Rainfall is approximately 719.6mm per annum. According to the EER during the warmer months, the prevailing winds tend to be north-westerly in the mornings and north-easterly in the afternoons and during the winter months, winds are more mixed, showing no distinct patterns.

Surrounding land zoning, tenure and uses

The site is located approximately 17km east of the coastline contained within the Freycinet National Park. Moulting Lagoon lies 6km south-east of the site which has a Game Reserve over parts and enters into Great Oyster Bay.

The area surrounding, and to the south of the site is zoned Significant Agriculture under the Glamorgan-Spring Bay Interim Planning Scheme 2015. To the north and east the land is zoned rural resource.

Approximately 3.5km east of the site is the Cherry Tree Hill Nature Reserve and 3.6km to the north-east is the Apslawn Regional Reserve. A conservation covenant on a parcel of land located 3km south-east of the site also exists.

The land immediately surrounding the proposed pit is entirely private freehold and largely comprises agricultural land, including a vineyard located approximately 340m to the south-west of the proposed extractive pit.

Proposed infrastructure

Major equipment The type/model of equipment used will be determined by a contractor prior to commencement, however, extraction will involve the use of:

Dozers;

Scrapers;

Excavators; and

Haulage trucks.

Other infrastructure

Sediment retention basins;

Site drainage (e.g. intercept drains and culverts);

Access roads;

Stockpiles.

Inputs

Water Water for dust suppression may be used.

Energy Fuel for the equipment noted above will be brought onto the site (where refuelling on-site is to occur) in utility vehicle / trailer mounted fuel tanks.

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Other raw materials

No other raw materials will be used.

Wastes and emissions

Liquid Stormwater runoff from extraction and stockpile areas may be generated.

Atmospheric Dust from internal traffic and blow-off from stockpiles / extractive pit area is possible.

Solid Wastes such as used grease cartridges and general refuse will be generated.

Controlled wastes

No controlled wastes will be generated.

Noise Excavators, dozers and haulage trucks carting material between the pit and the dam site via an internal road will create noise emissions.

Greenhouse gases

Mobile equipment (excavators, dozers, cars, trucks) will produce greenhouse gas emissions.

Construction, commissioning and operations

Proposal timetable

The Swan Valley Irrigation Scheme is due to commence construction in 2016 and be completed within 18 months of commencement. If clay material from the North Borrows Clay Extractive Pit is required, it will be extracted during the dam construction phase. It is anticipated that extraction of clay material would occur over a 6 month period.

Operating hours (ongoing)

The activity will operate between 0700 hours and 1900 hours Monday to Friday.

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Figure 1: Site location (from LISTmap 4/08/2016).

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Figure 2: Site location with zoning (Figure 4 of the EER).

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Figure 3: Site plan (Figure 5 of the EER).

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4 Need for the proposal and alternatives

Tasmanian Irrigation Pty Ltd has developed a preliminary design for the proposed Swan Valley Irrigation Scheme on Tasmania's east coast. According to the EER the area to be serviced by this

scheme is a significant producer of high value horticulture crops, in particular walnuts and cool‐climate wines. The EER states that the proposed scheme would improve the reliability of water supply in a region that traditionally has been starved of reliable water, with current irrigation

practices reliant upon localised rainfall events for on‐farm storage in dams or direct take from rivers and streams. The improved water reliability would enable a substantial increase in the production of high value horticulture crops. The EER indicates that the Scheme will consist of a construction phase and an operational phase. The construction phase will lay 38km of distribution pipeline, install pump stations and construct a 3,000ML dam that will inundate an area of 40 hectares. The EER notes that the total construction footprint for the scheme will be approximately 160ha. The operational phase will establish an irrigation scheme that will provide an additional 2,000ML per annum of irrigation water to a gazetted 26,607ha irrigation district. Water for the Scheme will be sourced from the Swan River primarily in winter, in accordance with a water licence from the Department of Primary Industries Parks and Environment (DPIPWE), and that the sourced water will be stored in the proposed Melrose Dam and supplied to scheme irrigation rights holders via the distribution pipeline during a 150‐day summer (September to January) irrigation season. In order to construct the Melrose Dam, Tasmanian Irrigation needs to source clay material for the core of the Melrose Dam wall. According to the EER the proponent has conducted extensive geotechnical investigations within the vicinity of the proposed construction footprint for the dam and has identified appropriate material within the proposed construction footprint. However, the clay quantities within the inundation area of the Melrose Dam are likely to be insufficient to complete the dam; hence the proponent has identified a contingency source of clay at this site and another nearby site (“Synotts” which was granted a permit by the Glamorgan Spring Bay Council on 7 July 2016). According to the EER the North Borrow area is likely to be the preferred additional option for the source of construction core clay material as quality of clay is interpreted to be more suited to the current dam design, and is also located closer to the dam wall construction area than other borrow areas.

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5 Public and agency consultation

A summary of the government agency/body submissions is contained in Appendix 1 of this report. No public representations were received. The EER was referred to a number of government agencies/bodies with an interest in the proposal, including:

Mineral Resources Tasmania;

WorkSafe Tasmania;

State Growth; and

Glamorgan Spring Bay Council.

The following Divisions/areas of the Department of Primary Industries, Parks, Water and Environment were also consulted on the EER:

Regulator, EPA Tasmania;

Aboriginal Heritage Tasmania; and

Policy and Conservation Advice Branch. According to the EER extensive public consultation by the proponent regarding the construction and operation of the Swan Valley Irrigation Scheme has been undertaken over the last 3 years. The EER states that an inaugural public meeting was convened by the Tasmanian Farmers and Graziers Association in November 2012 with 20 community members attending. This meeting was advertised locally and through individual landholder invitations to all landholders with greater than 4ha of land from the greater Swansea region. The EER states that a six person working group was elected to represent the interested community members and work with the proponent to develop the irrigation scheme for the district. According to the EER the irrigators continue to be represented by this group and meetings with individual land owners, the irrigator working group as a whole and other interested parties are held as required. During the development of the scheme design, the working group committee met formally several times. The EER also states that indigenous stakeholder bodies have been consulted including Aboriginal Heritage Tasmania, and various Aboriginal community representative groups including the interim Aboriginal Heritage Council, The Elders group, Tasmanian Aboriginal Centre and the Tasmanian Aboriginal Land Council of Tasmania. According to the EER, consultation with the Aboriginal community included the involvement of an Aboriginal Heritage Officer in both the identification of artefacts and presentation of initial findings to the local Aboriginal community to assist with the determination of their significance. The EER states that this consultation included incorporating input from the community into the scope of surveys, appropriate team composition, and review of the survey findings.

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6 Evaluation of environmental issues

The environmental issues considered relevant to the proposal have been evaluated by the EPA Tasmania. Details of this evaluation, along with the EPN conditions required by the Director, are discussed below.

Issue 1: Flora, fauna and habitat

Description of potential impacts

Five vegetation communities were identified within the proposed extractive pit area, being dry eucalypt forest & woodland; agricultural, urban & exotic vegetation; native grassland; non-eucalypt forest & woodland and scrub; and heathland & coastal complexes. The latter vegetation community is comprised of Melaleuca pustulata (warty paperbark) scrub, a threatened vegetation community listed under the Nature Conservation Act 2002 (NC Act). The warty paperbark species is also listed as rare under the Threatened Species Protection Act 1995 (TSP Act).

In addition, the Ecological Assessment addendum (see Appendix 2 of the EER) indicates that two patches of variable raspwort (Haloragis heterophylla), listed as rare under the TSP Act, were also identified just outside of the proposed extractive pit area.

There will be an impact on the above listed community/species located within the proposed extractive pit area that are to be removed under the relevant ‘permit to take’. There is also potential for impacts on threatened flora located outside of the proposed extractive pit area if not managed appropriately (e.g. inadvertent disturbance by machinery).

The proposed extractive pit area was identified in the Ecological Assessment addendum for North Borrow (Appendix 2 of the EER) as providing potential foraging habitat for the Tasmanian devil, spotted‐tailed quoll, Tasmanian masked owl, White‐bellied sea eagle and the Wedge‐tailed eagle, all of which are listed species under the Threatened Species Protection Act 1995 (TSP Act).

Management measures proposed in EER

EER Commitment 1 – Any previously unidentified animal burrows that may provide denning

habitat for Tasmanian devils or spotted‐tailed quolls will be managed in accordance with EPG 1 Disturbance to Terrestrial and Aquatic Flora and Fauna, the Burrow Monitoring and Decommissioning Protocol (November 2015) and threatened flora permit DA15256.

EER Commitment 2 – Clearing of vegetation to establish the proposed extractive pit will be undertaken in accordance with EPG 1 Disturbance to Terrestrial and Aquatic Flora and Fauna and conditions outlined in threatened flora permit DA16121. Known threatened flora outside the permitted works areas will be taped off by a suitably qualified person to prevent incursion by machinery or personnel.

Tasmanian Irrigation has a number of Environmental Protection Guidelines (EPGs), provided in Appendix 1 of the EER, for managing particular aspects of the entire Swan Valley Irrigation Scheme project, including guidelines for the ‘Disturbance to Terrestrial and Aquatic Flora and Fauna’.

According to the EER, the proponent has applied to the Policy and Conservation Advice Branch (PCAB) for an amendment to a current permit to take DA16121 (see Appendix 3 of the EER for the current permit) to include the proposed extractive pit area for removal of warty paperbark specimens.

The EER also states that in accordance with Schedule 1, Condition 4 of permit to take DA16121, all known flora locations outside of, but adjacent to, the permitted works area will be taped or

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fenced off (see Figure 6 of the EER) by a suitably qualified person to prevent incursion by machinery or personnel.

Public and agency comment

The Policy and Conservation Advice Branch were supportive of the recommendation to avoid the threatened vegetation community Melaleuca pustulata scrub, if practical.

No public representations were received.

Evaluation

While the EPG guidelines relate more broadly to the Swan Valley Irrigation Scheme, they are considered generally applicable to the proposed extractive pit.

The commitment to apply to PCAB for an amendment to the current permit to take DA16121 to include this proposed extractive pit is supported and considered appropriate to manage the removal of threatened flora species within the proposed extractive pit area. In addition, the commitment to tape or fence off areas of threatened flora outside of the permitted works area, as stipulated in the permit to take, is also supported and considered appropriate to ensure that threatened flora is not inadvertently disturbed outside of the proposed extractive pit area.

While the Ecological Assessment addendum identified the extractive pit area as being potential foraging habitat for a number of threatened fauna species, it also stated that no evidence (i.e. tracks or scats) of these species was identified during the on-ground survey. While some of the native vegetation will be disturbed on the fringes of the extractive pit area, the conclusion of the Ecological Assessment addendum that the proposed works are not likely to result in a significant impact on any threatened fauna species is supported.

Commitments 1 and 2 are supported and considered appropriate in the event that a species or potential habitat be encountered that was not identified in the survey (e.g. a denning burrow).

Conclusion

No specific flora or fauna conditions are considered necessary for this activity.

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Issue 2: Weed and disease management

Description of potential impacts

Gorse, a declared weed under the Tasmanian Weed Management Act 1999 and also a Weed of National Significance has been identified within the proposed extractive pit area.

There is potential for plant and equipment to transport weeds and diseases to and from the site and between the extractive pit area and Melrose Dam site if appropriate management measures are not put in place.

Management measures proposed in EER

EER Commitment 3 – Weed control during the operation of the pits will be in accordance with APIA Guidelines and the Quarry Code of Practice (QCoP).

EER Commitment 4 – The Tasmanian Washdown Guidelines for Weed and Disease Control will be applied to trucks and machinery entering the site, in accordance with the EPRs.

Public and agency comment

The Policy & Conservation Advice Branch noted that all weed, disease and hygiene plans should now be in accordance with the Weed and Disease Planning and Hygiene Guidelines 2015.

No public representations were received.

Evaluation

Areas of gorse have been identified within the north-eastern corner of the proposed extractive pit area, however, proposed management measures were not discussed in detail within the EER.

The overarching Environmental Protection Requirements for Construction (Appendix 1 of the EER) contains broad commitments relating to weed management and the Environmental Protection Guideline 5 – Weed and Hygiene Control (Appendix 1 of the EER) provides a more detailed outline of proposed weed and disease hygiene management, however, this is a broader guideline for the entire Swan Valley Irrigation Scheme and not specific to this proposed extractive pit.

The proponent has proposed to undertake weed control measures in accordance with the QCoP and the APIA Guidelines, however, given the existence of gorse within the proposed extractive area it is considered appropriate to require the proponent, through condition FF1, to manage weeds in accordance with the accepted current guidelines Weed and Disease Planning and Hygiene Guidelines – Preventing the spread of weeds and diseases in Tasmania DPIPWE (2015).

The proponent will also be required to undertake the activity in accordance with the QCoP, which outlines the acceptable standards provisions for weed management, through condition G6.

Conclusion

The proponent will be required to comply with the following standard (generic) conditions:

G6 Quarry Code of Practice

The proponent will also be required to comply with the following site-specific condition:

FF1 Weed Guidelines

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Issue 3: Air emissions

Description of potential impacts

The proposed extractive pit will have a total footprint of 13.1ha which will be entirely exposed on completion of extraction, during operation, machinery such as trucks and excavators will be moving on and off the site as well as within the proposed extractive pit area itself.

There is also likely to be stockpiled material (topsoil/clay) located on site.

If these activities are not managed appropriately, there is potential for dust emissions to leave the site that may cause environmental nuisance.

Management measures proposed in EER

EER Commitment 5 – Dust generation will be minimised in accordance with the EPRs.

In addition, the proponent has indicated that a contractor (yet to be appointed) will be responsible for the development of a Construction and Environmental Management Plan (CEMP) which must comply with the APIA Guidelines (2013) and the proponents’ Construction ERPs (as detailed in Appendix 1 of the EER). The EER states that typical controls outlined in the APIA Guidelines (2013) include restriction of vehicle speeds and suppression measures on the sources of air emissions.

Public and agency comment

No public or agency representations were received in relation to air emissions.

Evaluation

The nearest land in other ownership is approximately 160m to the south-west of the proposed extractive pit area, however, the nearest sensitive receptors are located in excess of 1.2kms from the proposed extractive pit. Nevertheless, a large area (13.1ha) will be exposed on completion of extraction and it is therefore considered appropriate to include condition A1 which will require the proponent to control dust emissions to prevent environmental nuisance beyond the boundary of The Land. While the risk of air emissions creating nuisance for nearby residents is considered to be low, condition A1 will ensure that the proponent will be required to implement additional measures to control emissions, if necessary.

Conclusion

The proponent will be required to comply with the following standard (generic) condition:

A1 Control of dust emissions

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Issue 4: Stormwater and sediment management

Description of potential impacts

The proposed extractive pit will have a total footprint of 13.1ha. The proposed extractive pit is located within a shallow valley formed by three small hills. The EER indicates that no defined watercourses traverse the proposed extractive pit but that an unnamed tributary of the Swan River bisects the north-east corner of the proposed extractive pit. Topsoil and clay material will also be stockpiled within the site.

The EER identifies three separate catchments within the proposed extractive pit area with the combined area of all three catchments being approximately 15.7ha. The EER states that the average annual rainfall for the area is 719.6mm per year.

Figure 2 of the EER shows the surface water flows of each of the three catchments. The easternmost catchment directs surface flows north-west to an unnamed tributary approximately 1.2km upstream from the Swan River, while the middle catchment directs surface flows from the nearby wooded hill to the south of the proposed extractive pit. The westernmost catchment directs surface flows to the north-west also but it is not directly intercepted by the unnamed tributary, which is located some 180m from the proposed extractive pit area.

If appropriate measures are not put in place by the proponent, there is potential for stormwater to flood the proposed extractive pit which would likely cause erosion and entrain a significant sediment load that may enter the unnamed tributary and potentially the Swan River. This could potentially cause sedimentation of the Swan River and cause environmental harm or nuisance to downstream receptors.

Management measures proposed in EER

EER Commitment 6 – Controls will be put in place to prevent erosion and sedimentation in accordance with EPG 3 Erosion, Sedimentation and Surface Run‐off.

The proponent has also indicated that a contractor (yet to be appointed) will be responsible for the development of a Construction and Environmental Management Plan (CEMP) which must comply with the APIA Guidelines (2013) and the proponent’s Construction ERPs (as detailed in Appendix 1 of the EER).

Additionally, the proponent will also require the contractor to submit an Erosion and Sediment Control Plan (ESCP) for the construction zone excluding the Melrose Dam and a Construction Water Quality Monitoring (CWQMP) Program which will include monitoring for impacts to the water quality of the Swan River. According to the EER this will include turbidity monitoring with turbidity triggers developed using baseline data for the Swan River.

According to the EER, three sediment containment ponds will likely be constructed to contain the water that flows across the proposed extractive pit area from each catchment during rainfall events and will be of sufficient capacity to contain a 1 in 20 year storm event to ensure that sediment laden surface water does not leave the site.

The EER also states that the proposed extractive pit will not extend across the unnamed tributary that bisects the north-eastern corner and that soil stockpiles will be placed upstream of the sediment and erosion control infrastructure (e.g. sediment ponds).

In addition the EER notes that the drainage lines are vegetated which will assist with lowering the velocity of any surface water flows, therefore reducing the risk of erosion and acting as a secondary sediment trap should any sediment leave the site.

Public and agency comment

No public or agency representations were received in relation to stormwater and sediment management.

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Evaluation

Figure 3 shows indicative locations of stockpiles and sediment containment ponds, however, it is noted that the location of these ponds and stockpiles may potentially change when a contractor is appointed (yet to be appointed). Nevertheless, the proposed installation of infrastructure outlined in the Figure 3 is supported.

The development of the above mentioned plans (CEMP, ESCP and CWQMP) is supported. While the activity is a short term operation (as opposed to an ongoing operation) and the risks to the environment are considered to be of a relatively low probability and likely to be minor in consequence, there is still potential for environmental harm or nuisance to occur if stormwater and sediments are not managed appropriately, it is therefore considered appropriate to include the standard conditions as detailed below.

Condition E3 requires that any polluted stormwater that will be discharged from the land be collected and treated prior to discharge to the extent necessary to prevent environmental harm or nuisance, which may include sediment settling ponds or retention basins. It also requires that stormwater discharged from the land must not carry pollutants or sediments in such concentrations as to degrade the visual quality of receiving waters outside of the land.

Additionally, condition E1 requires the proponent to construct and maintain perimeter cut-off drains to prevent stormwater from entering the working area or other disturbed areas that have sufficient capacity to handle a 1 in 20 year storm event. Furthermore, condition E2 requires sediment settlement ponds to be constructed that have sufficient capacity to settle sediments out during a 1 in 20 year storm event.

Condition DC3 also requires that stockpiles of topsoil must be protected from erosion or other disturbance.

In addition to the above conditions, the activity undertaken on the land must comply with the acceptable standards provision of the QCoP as required by condition G6.

It is considered that the inclusion of the above mentioned conditions are sufficient to ensure that appropriate measures can be required to be implemented to reduce the potential risk to the environment from stormwater and sediments that may arise as part of the proposed activity.

It should be noted that while the proponent has indicated a contractor will be appointed to develop the appropriate plans for the site, the proponent remains the holder of the notice (if issued) and is therefore ultimately responsible for compliance with the conditions.

Conclusion

The proponent will be required to comply with the following standard (generic) conditions:

G6 Quarry Code of Practice

DC3 Stockpiling of surface soils

E1 Perimeter drains

E2 Design and maintenance of settling ponds

E3 Stormwater

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Issue 5: Solid and Liquid Waste Management

Description of potential impacts

Solid wastes will include general rubbish and grease cartridges, inappropriate collection, storage or disposal of wastes has the potential to cause environmental harm or nuisance.

No liquid wastes will be produced at the proposed extractive pit; all amenities will be located at the dam construction site and therefore are not part of this proposal.

Management measures proposed in EER

EER Commitment 7 – Solid wastes will be managed in accordance with EPRs.

According to the EER waste receptacles will be appropriate to the nature and volume of waste(s) being produced on-site and will be emptied regularly to prevent overloading or overflow of waste materials. The EER also states that waste materials will be secured to prevent any material blowing off‐site prior to removal to an approved disposal site.

Additionally, the proponent has stated that wastes, such as grease cartridges and general rubbish will be managed in accordance with section 9.9 of the APIA Guidelines (2013).

Public and agency comment

No public of agency representations were received in relation to waste management.

Evaluation

Given the short term nature of the activity and the likely types and low volume of waste generated at the site, the above mentioned management measures are supported and specific conditions in regards to waste management are not considered necessary for this proposal.

Nevertheless, condition G6 is included which requires that the activity undertaken must comply with the acceptable standards provisions of the QCoP (which includes waste management). In addition, OI1 outlines the appropriate manner in which to manage wastes (i.e. reduce, re-use or recycle wastes where possible).

Conclusion

The proponent will be required to comply with the following standard (generic) condition:

G6 Quarry Code of Practice

The following information is included in the notice:

OI1 Waste management hierarchy

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Issue 6: Noise emissions

Description of potential impacts

According to the EER noise will be generated by machinery (excavators, dozers and haulage trucks) involved in excavating material and removing topsoil and overburden, as well as the loading and haulage operations. No blasting, crushing or screening is proposed.

If not managed appropriately there is potential for nuisance noise emissions to occur.

Management measures proposed in EER

EER Commitment 8 – Noise will be managed in accordance with EPRs.

EER Commitment 12 – During construction the landowner or their representatives, and wider community in the vicinity of Cranbrook will be advised on the nature of operations and working hours prior to commencement.

Public and agency comment

No public of agency representations were received in relation to noise emissions.

Evaluation

The proponent has again referenced the EPRs as their management guide on noise emissions, which in turn largely refers to the APIA Guidelines (2013), while this approach is broadly supported, it must be noted that the guidelines main focus is on pipelines. The QCoP remains the most appropriate guideline for this proposal. Accordingly condition G6 requires that the activity undertaken must comply with the acceptable standards provisions of the QCoP.

Furthermore, condition N1 specifies the hours of operation for the activity, these reflect the hours proposed by the proponent (0700 hours to 1900 hours Monday to Friday) which are in line with those recommended by the QCoP. According to the EER there will be no extraction works undertaken on weekends.

The EER does not provide details on the specific noise generating equipment that will be used at the site (as a contractor will select the actual machinery used), and states that the noise generated by the likely equipment will be of a nominal nature. It also states that plant will be fitted with industry standard noise reduction mechanisms and that during normal operation, equipment will only be moving between the proposed extractive pit and the dam wall site via a temporary road (which does not form part of this proposal) that will be constructed (i.e. trucks will not be driving along public roads or past residences during operations once they are on-site).

While the specific type and model of machinery that will be used is unknown, given the location of the site with the nearest sensitive receptor being located approximately 1.2km south-west of the proposed extractive pit as well as the short term operation of the pit, it is not anticipated that the machinery likely to be used would generate a significant or unacceptable noise impact on the nearest sensitive receptors, therefore, no additional noise conditions are considered necessary to those mentioned above.

Conclusion

The proponent will be required to comply with the following standard (generic) condition:

G6 Quarry Code of Practice

The proponent will also be required to comply with the following site-specific condition:

N1 Operating hours

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Issue 7: Dangerous goods and environmentally hazardous material

Description of potential impacts

The EER states that machinery used for the excavation, loading and haulage of materials will require a relatively small quantity of hazardous materials for operation and maintenance (e.g. fuels and grease), should these materials be stored/handled incorrectly or a spill to the environment occurs there is potential for contamination of soil, groundwater and waterways that could cause environmental harm or nuisance.

Management measures proposed in EER

EER Commitment 9 – Onsite fuel storage will be in accordance with Australian Standard 1940‐2004 and no other hazardous materials will be stored on-site.

In addition to the above commitment, the EER states that:

An area will be set up in or near the extractive pit floor where vehicles carrying fuel tanks may be parked;

Fuel tanks will be either self-bunded or the parking area will be bunded in accordance

with Australian Standard 1940‐ 2004;

Machinery will not be serviced on-site;

A spill kit for any trailer‐mounted fuel tank unit will be located on-site; and

Wherever possible machinery will be refuelled off-site.

Public and agency comment

No public of agency representations were received in relation to dangerous goods and environmentally hazardous materials.

Evaluation

The EER states that no servicing of machinery will be undertaken on-site and that where possible machinery will be refuelled off-site. According to the EER, where fuel is brought on-site (tanks on utility vehicles or trailers), a spill kit will be located on-site and vehicles will either be parked in a designated area that is bunded in accordance with Australian Standard 1940-2004 or will be self-bunded, this approach is supported. The total fuel capacity is unknown as a contractor will make the final selection on the machinery required for the activity, but it is anticipated to be relatively minor volumes.

The proponent states that an emergency response plan will be included in the CEMP, this is also supported.

Condition H1 requires that appropriate spill kit(s) are located on-site to contain any spills that may occur. Additionally, condition H2 requires that any environmentally hazardous materials located on-site must be located within impervious bunded areas, spill trays or other containment systems and that the environmentally hazardous materials are managed to prevent emission, discharge or deposition to the environment. The QCoP also has general acceptable standards for the storage of hazardous materials, therefore condition G6 is also relevant and LO2 is included which provides information on the proponent’s responsibilities under other relevant legislation.

These conditions along with the proponent’s commitments are considered appropriate to manage the potential risk from the relatively minor volumes of hazardous materials that may be located on-site from time to time to refuel equipment.

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Conclusion

The proponent will be required to comply with the following standard (generic) conditions:

G6 Quarry Code of Practice

H1 Spill kits

H2 Storage and handling of hazardous materials

The following legal information is included in the notice:

LO2 Storage and handling of Dangerous Goods, Explosives and dangerous substances

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Issue 8: Cultural heritage

Description of potential impacts

The EER states that no Aboriginal sites were identified during desktop or on‐ground assessment at the proposed extractive pit site. There are no places listed on statutory or non‐statutory lists in the vicinity of the proposed extraction pit and the nearest known site is 3.5km distant (CHMA 2015b). Nevertheless, there is potential that Aboriginal sites could be encountered when the topsoil is disturbed.

Management measures proposed in EER

EER Commitment 10 – Aboriginal heritage, including the discovery of unanticipated sites, will be managed in accordance with EPG 4 Aboriginal Artefacts – Unanticipated Discovery Plan.

Public and agency comment

Aboriginal Heritage Tasmania advised that there are no Aboriginal heritage sites recorded within or close to the proposed extractive pit and believe that there is a low probability of Aboriginal heritage being present in the vicinity of the proposed extractive pit.

Nevertheless, Aboriginal Heritage Tasmania recommend that an Unanticipated Discovery Plan should be available on-site during ground disturbing works to help aid the proponent in meeting their requirements under the Aboriginal Relics Act 1975 should suspected Aboriginal heritage be discovered.

No public representations were received.

Evaluation

The EER states that Aboriginal heritage, including the discovery of unanticipated sites, will be managed in accordance with their ‘EPG 4 – Aboriginal Artefacts – Unanticipated Discovery Plan’, this document broadly follow the steps outlined in the pro-forma Unanticipated Discover Plan Aboriginal Heritage Tasmania provided and the proponent’s approach is supported.

The proponent is made aware of the Aboriginal Relics Act 1975 via the legal obligation clause LO3.

Conclusion

The following legal information is included in the notice:

LO3 Aboriginal relics requirements

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Issue 9: Decommissioning and rehabilitation

Description of potential impacts

The EER states that the rehabilitation objective is to return the worked area to pre-extraction conditions (i.e. grazing / agricultural land) to the satisfaction of the landowner.

Due to the nature of the proposal (a short term (6 month) clay extractive pit) progressive rehabilitation will not be feasible and it is likely that the entire proposed extractive pit area will be disturbed (13.1ha) before any rehabilitation occurs, therefore, the potential for dust and erosion impacts are increased due to the large area being disturbed. Additionally, should the rehabilitation not be conducted appropriately and in a timely manner after completion of extraction those risks are likely to further increase.

Management measures proposed in EER

EER Commitment 11 – The proposed extractive pit will be rehabilitated in accordance with EPRs.

The EER states that a rehabilitation plan will be developed and implemented by a contractor.

Additionally, the EER states that upon completion of extraction, all excavated slopes will be restored to a maximum grade of 15% and drainage will be restored to existing watercourses will be reinstated, this will then be monitored and remedial planting and weed control undertaken, if required, by a contractor.

According to the EER stockpiles of topsoil will generally be less than 1m in height, will not be compacted by machinery and handling/movement of the stockpiles will be minimised. The EER

goes on to note that the on‐site topsoil stockpiles, containing local seed, will be respread to facilitate the return of the site to pre-extraction conditions and that if seed contained in the topsoil is insufficient, sowing will be undertaken using seed collected from on-site or from an appropriate seed supplier with the same species composition observed prior to disturbance.

Public and agency comment

No public of agency representations were received in relation to decommissioning and rehabilitation.

Evaluation

While it is standard practice to require progressive rehabilitation to be undertaken for a typical extractive pit, the purpose and nature (i.e. only 6 months of operation) of the proposed extractive pit does not make progressive rehabilitation feasible, therefore, the total area exposed upon completion of extraction is likely to be up to 13.1ha.

It is noted that gorse seeds are likely to be contained within topsoil near identified gorse plants which could potentially be further spread both within and outside the site, nevertheless, condition FF1 requires that weeds on The Land must be managed in accordance with the Weed Guidelines. In addition, stockpiling and protection of topsoils is required by condition DC3.

It is considered that the short operational time, simple nature of the extraction and proposed end use (a return to grazing/agricultural land) will result in fairly basic remediation being required, however, while the management measures proposed above are generally supported, it is considered appropriate to require the proponent to provide, in accordance with any guidelines issued by the Director, a Decommissioning and Rehabilitation Plan within 3 months of the date of the notice being issued for the Director’s approval. Therefore, conditions DC4 and DC5 are included.

Additionally the proponent is required to notify the Director, EPA of the permanent cessation of the activity (DC1) or where a temporary suspension of activity (DC2) is likely to occur.

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Conclusion

The proponent will be required to comply with the following standard (generic) conditions:

G6 Quarry Code of Practice

DC1 Notification of cessation

DC2 Temporary suspension of activity

DC4 Rehabilitation following cessation

The proponent will also be required to comply with the following site-specific conditions:

FF1 Weed Guidelines

DC3 Stockpiling of surface soil

DC5 Decommissioning and Rehabilitation Plan

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7 Report conclusions

This assessment has been based on the information provided by the proponent, Tasmanian Irrigation Pty Ltd, in the EER, and in correspondence and discussion between the EPA Tasmania and the proponent and the proponent’s representatives. This assessment has incorporated specialist advice provided by EPA Tasmania scientific specialists and regulatory staff, other Divisions of DPIPWE and other government agencies. It is concluded that:

1. the RMPS and EMPCS objectives have been duly and properly pursued in the assessment of the proposal; and

2. the assessment of the proposed activity has been undertaken in accordance with the Environmental Impact Assessment Principles.

It is concluded that the proposed activity is capable of being managed in an environmentally acceptable manner such that it is unlikely that the objectives of the Environmental Management and Pollution Control Act 1994 (the RMPS and EMPCS objectives) would be compromised, provided that the environment protection notice appended to this report is issued and served and its requirements are duly complied with, including commitments made by the proponent in the EER.

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8 Report approval Environmental Assessment Report and conclusions, including environment protection notice conditions, adopted:

Wes Ford DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Delegate for the Board of the Environment Protection Authority Date: 19 September 2016

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9 References

APIA Guidelines (2013); The Australian Pipeline Industry Association Ltd (2013); Code of Environmental Practice – Onshore Pipelines, dated October 2013 (the APIA Guidelines). CHMA (2015b); Cultural Heritage Management Australia – SWAN Irrigation Scheme Pipeline Distribution Corridor Additional Survey Areas ‐ Aboriginal Heritage Assessment Addendum Report, dated 2015 DPIPWE (2015); Weed and Disease Planning and Hygiene Guidelines – Preventing the spread of weeds and diseases in Tasmania, dated March 2015 (the Weed Guidelines). ECOtas (2014); Ecological Assessment of ‘Melrose Dam’ Component of the Proposed Swan Irrigation Scheme, Cranbrook, Eastern Tasmania, dated 15 January 2014, by Environmental Consulting Options Tasmania (ECOtas) for Tasmanian Irrigation (the Ecological Assessment). ECOtas (2016); Ecological Assessment of the Proposed Swan Valley Irrigation Scheme, Tasmania. Addendum: Melrose Dam – North Borrow, dated 25 April 2016, by Environmental Consulting Options Tasmania (ECOtas) for Tasmanian Irrigation (Ecological Assessment addendum). Pugh, Kathryn (2016); Swan Valley Irrigation Scheme – North Borrow, Environmental Effects Report, dated July 2016, by Kathryn Pugh, Tasmanian Irrigation Pty Ltd (the EER).

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10 Appendices

Appendix 1 Summary of public and agency submissions Appendix 2 Environment Protection Notice conditions

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Appendix 1

Appendix 1 Summary of public and agency submissions

TABLE 1: MATTERS RAISED DURING THE PUBLIC CONSULTATION PERIOD

Note that no public representations were received during the public consultation period.

Agency EER section no

Comments and issues Further Info requested [yes/no]

PCAB

PCAB indicated that they had no concerns with the proposal in regard to flora and fauna. They also supported the report recommendation to avoid the threatened vegetation community Melaleuca pustulata scrub, if practical.

PCAB also noted that all weed, disease and hygiene plans should now be in accordance with the Weed and Disease Planning and Hygiene Guidelines 2015.

No

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Appendix 2

Appendix 2 Environment Protection Notice No. 9544/1

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ENVIRONMENT PROTECTION NOTICE No. 9544/1

Issued under the Environmental Management and Pollution Control Act 1994

Issued to: TASMANIAN IRRIGATION PTY LTDACN 133 148 384TERMINAL BUILDING -LAUNCESTON AIRPORT, LVL2 EVANDALERDWESTERN JUNCTION TAS 7212

EnvironmentallyRelevantActivity:

The operation of an extractive pit (ACTIVITY TYPE: Extractive Pits)NORTH BORROW , TASMAN HWYCRANBROOK TAS 7109

GROUNDS

I, Wes Ford, Director, Environment Protection Authority, (the Director), being satisfied inaccordance with section 44(1)(a) of the Environmental Management and Pollution Control Act1994 (EMPCA) that in relation to the above-mentioned environmentally relevant activity thatserious or material environmental harm or environmental nuisance is being, or is likely to be,caused hereby issue this environment protection notice to the above-mentioned person as the personresponsible for the activity.

PARTICULARS

The particulars of the grounds upon which this notice is issued are:

1 The above activity, being an environmentally relevant activity which does not require a landuse permit, was required to be referred to the EPA under Section 27 of the EMPCA forenvironmental impact assessment. Having completed its assessment, the Board of the EPAhas caused the Director to issue this environment protection notice containing conditions andrestrictions which the Board requires to apply to the activity.

2 The proposed activity was referred to the Board of the EPA under Section 27(1) of EMPCA,and the Board has completed an assessment in accordance with Section 27(3) of the Act.

Environment Protection Notice 9544/1 (r1) 1/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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DEFINITIONS

Unless the contrary appears, words and expressions used in this Notice have the meaning given tothem in Schedule 1 of this Notice and in the EMPCA. If there is any inconsistency between adefinition in the EMPCA and a definition in this Notice, the EMPCA prevails to the extent of theinconsistency.

REQUIREMENTS

The person responsible for the activity must comply with the conditions as set out in Schedule 2 ofthis Notice.

INFORMATION

Attention is drawn to Schedule 3, which contains important additional information.

PENALTIES

If a person bound by an environment protection notice contravenes a requirement of the notice, thatperson is guilty of an offence and is liable on summary conviction to a penalty not exceeding 1000penalty units in the case of a body corporate or 500 penalty units in any other case (at the time ofissuance of this Notice one penalty unit is equal to $154.00).

NOTICE TAKES EFFECT

This notice takes effect on the date on which it is served upon you.

APPEAL RIGHTS

You may appeal to the Appeal Tribunal against this notice, or against any requirement contained inthe notice, within 14 days from the date on which the notice is served, by writing to:

The ChairpersonResource Management and Planning Appeal TribunalGPO Box 2036Hobart TAS 7001

Signed: ________________________________________________________

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY

Date: ________________________________________________________

Environment Protection Notice 9544/1 (r1) 2/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue:

19 September 2016

19-09-2016

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Stamp
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Table Of Contents

Schedule 1: Definitions....................................................................................................................... 4

Schedule 2: Conditions........................................................................................................................5Maximum Quantities................................................................................................................. 5

Q1 Regulatory limits ..............................................................................................5General.......................................................................................................................................5

G1 Access to and awareness of conditions and associated documents.................. 5G2 Incident response...............................................................................................5G3 No changes without approval............................................................................5G4 Change of ownership........................................................................................ 5G5 Notification prior to commencement................................................................ 5G6 Quarry Code of Practice....................................................................................5

Atmospheric...............................................................................................................................6A1 Control of dust emissions..................................................................................6

Decommissioning And Rehabilitation.......................................................................................6DC1 Notification of cessation.................................................................................6DC2 Temporary suspension of activity.................................................................. 6DC3 Stockpiling of surface soil..............................................................................6DC4 Rehabilitation following cessation................................................................. 6DC5 Decommissioning and Rehabilitation Plan.................................................... 7

Effluent Disposal....................................................................................................................... 7E1 Perimeter drains.................................................................................................7E2 Design and maintenance of settling ponds........................................................ 7E3 Stormwater........................................................................................................ 8

Flora And Fauna........................................................................................................................ 8FF1 Weed Guidelines............................................................................................. 8

Hazardous Substances................................................................................................................8H1 Spill kits............................................................................................................ 8H2 Storage and handling of hazardous materials................................................... 8

Noise Control.............................................................................................................................8N1 Operating hours.................................................................................................8

Schedule 3: Information...................................................................................................................... 9Legal Obligations.......................................................................................................................9

LO1 EMPCA.......................................................................................................... 9LO2 Storage and handling of dangerous goods, explosives and dangeroussubstances............................................................................................................... 9LO3 Aboriginal relics requirements....................................................................... 9LO4 Change of responsibility.................................................................................9

Other Information.................................................................................................................... 10OI1 Waste management hierarchy........................................................................10OI2 Notification of incidents under section 32 of EMPCA .................................10

Attachments

Attachment 1: The Land (modified: 25/08/2016 14:55)..............................................................1 page

Attachment 2: The Land - Coordinates (modified: 25/08/2016 15:00)....................................... 1 page

Environment Protection Notice 9544/1 (r1) 3/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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Schedule 1: Definitions

Aboriginal Relic has the meaning described in section 2(3) of the Aboriginal Relics Act 1975.

Activity means any environmentally relevant activity (as defined in Section 3 of EMPCA) to whichthis document relates, and includes more than one such activity.

Best Practice Environmental Management or 'BPEM' has the meaning described in Section 4 ofEMPCA.

Director means the Director, Environment Protection Authority holding office under Section 18 ofEMPCA and includes a person authorised in writing by the Director to exercise a power or functionon the Director's behalf.

DRP means Decommissioning and Rehabilitation Plan.

EMP means the Environmental Effects Report prepared by Kathryn Pugh of Tasmanian IrrigationPty Ltd dated 26 July 2016, and includes any amendment to or substitution of this document,including an EMP Operations, approved in writing by the Director.

EMPCA means the Environmental Management and Pollution Control Act 1994.

Environmental Harm and Material Environmental Harm and Serious Environmental Harmeach have the meanings ascribed to them in Section 5 of EMPCA.

Environmental Nuisance and Pollutant each have the meanings ascribed to them in Section 3 ofEMPCA.

Environmentally Hazardous Material means any substance or mixture of substances of a natureor held in quantities which present a reasonably foreseeable risk of causing serious or materialenvironmental harm if released to the environment and includes fuels, oils, waste and chemicals butexcludes sewage.

Person Responsible is any person who is or was responsible for the environmentally relevantactivity to which this document relates and includes the officers, employees, contractors, jointventure partners and agents of that person, and includes a body corporate.

Quarry Code Of Practice means the document of this title published by the Department ofPrimary Industries, Water and Environment and the Department of Infrastructure, Energy andResources in June 1999, and includes any subsequent versions of this document.

The Land means the land on which the activity to which this document relates may be carried out,and includes: buildings and other structures permanently fixed to the land, any part of the landcovered with water, and any water covering the land. The Land falls within the area defined by:

1 Mining lease 2021P/M; and2 The area delineated in Attachments 1 and 2.

Weed means a declared weed as defined in the Weed Management Act 1999.

Weed Guidelines means the document titled Weed and Disease Planning and Hygiene Guidelines -Preventing the spread of weeds and diseases in Tasmania, by the Department of Primary Industries,Parks, Water and Environment, dated March 2015, and any amendment to or substitution of thisdocument.

Environment Protection Notice 9544/1 (r1) 4/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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Schedule 2: Conditions

Maximum Quantities

Q1 Regulatory limits1 The activity must not exceed the following limits (annual fees are derived from these

figures):1.1 40,000 cubic metres per year of product.

General

G1 Access to and awareness of conditions and associated documentsA copy of these conditions and any associated documents referred to in these conditions mustbe held in a location that is known to and accessible to the person responsible for the activity.The person responsible for the activity must ensure that all persons who are responsible forundertaking work on The Land, including contractors and sub-contractors, are familiar withthese conditions to the extent relevant to their work.

G2 Incident responseIf an incident causing or threatening environmental nuisance, serious environmental harm ormaterial environmental harm from pollution occurs in the course of the activity, then theperson responsible for the activity must immediately take all reasonable and practicable actionto minimise any adverse environmental effects from the incident.

G3 No changes without approval1 The following changes, if they may cause or increase the emission of a pollutant which

may cause material or serious environmental harm or environmental nuisance, mustonly take place in relation to the activity if such changes have been approved in writingby the EPA Board following its assessment of an application for a permit under theLand Use Planning and Approvals Act 1993, or approved in writing by the Director:1.1 a change to a process used in the course of carrying out the activity; or1.2 the construction, installation, alteration or removal of any structure or equipment

used in the course of carrying out the activity; or1.3 a change in the quantity or characteristics of materials used in the course of

carrying out the activity.

G4 Change of ownershipIf the owner of The Land upon which the activity is carried out changes or is to change, then,as soon as reasonably practicable but no later than 30 days after becoming aware of thechange or intended change in the ownership of The Land, the person responsible must notifythe Director in writing of the change or intended change of ownership.

G5 Notification prior to commencementThe Director must be notified in writing of the commencement of operations at least 14 daysbefore that occurs.

G6 Quarry Code of PracticeUnless otherwise required by these conditions or required in writing by the Director, theactivity (or activities) undertaken on The Land must comply with the Acceptable Standardsprovisions of the Quarry Code of Practice.

Environment Protection Notice 9544/1 (r1) 5/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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Atmospheric

A1 Control of dust emissionsDust emissions from The Land must be controlled to the extent necessary to preventenvironmental nuisance beyond the boundary of The Land.

Decommissioning And Rehabilitation

DC1 Notification of cessationWithin 30 days of becoming aware of any event or decision which is likely to give rise to thepermanent cessation of the activity, the person responsible for the activity must notify theDirector in writing of that event or decision. The notice must specify the date upon which theactivity is expected to cease or has ceased.

DC2 Temporary suspension of activity1 Within 30 days of becoming aware of any event or decision which is likely to give rise

to the temporary suspension of the activity, the person responsible for the activity mustnotify the Director in writing of that event or decision. The notice must specify the dateupon which the activity is expected to suspend or has suspended.

2 During temporary suspension of the activity:2.1 The Land must be managed and monitored by the person responsible for the

activity to ensure that emissions from The Land do not cause seriousenvironmental harm, material environmental harm or environmental nuisance; and

2.2 If required by the Director a Care and Maintenance Plan for the activity must besubmitted, by a date specified in writing by the Director, for approval. The personresponsible must implement the approved Care and Maintenance Plan, as may beamended from time to time with written approval of the Director.

3 Unless otherwise approved in writing by the Director, if the activity on The Land hassubstantially ceased for 2 years or more, rehabilitation of The Land must be carried outin accordance with the requirements of these conditions as if the activity haspermanently ceased.

DC3 Stockpiling of surface soil1 Prior to commencement of extractive activities on any portion of The Land, surface

soils must be removed in that portion of The Land to be disturbed by the conduct of theactivity and stockpiled for later use in rehabilitation of The Land. Topsoil must be keptseparate from other overburden and protected from erosion or other disturbance.

2 Any stockpiles associated with the activity must be located within the area of The Landas defined in Attachments 1 and 2.

DC4 Rehabilitation following cessation1 Following permanent cessation of the activity, and unless otherwise approved in writing

by the Director, The Land must be rehabilitated including:1.1 stabilisation of any land surfaces that may be subject to erosion;1.2 removal or mitigation of all environmental hazards or land contamination, that

might pose an on-going risk of causing environmental harm; and1.3 decommissioning of any equipment that has not been removed.

2 Where a Decommissioning and Rehabilitation Plan (DRP) has been approved by theDirector, decommissioning and rehabilitation must be carried out in accordance withthat plan, as may be amended from time to time with written approval of the Director.

Environment Protection Notice 9544/1 (r1) 6/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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DC5 Decommissioning and Rehabilitation Plan1 Within 3 months of the date of issue of this Notice, or by a date otherwise specified in

writing by the Director, a Decommissioning and Rehabilitation Plan (DRP) must besubmitted to the Director for approval. This requirement will be deemed to be satisfiedonly when the Director indicates in writing that the submitted document adequatelyaddresses the requirements of this condition to his or her satisfaction.1.1 The DRP must be prepared in accordance with guidelines issued by the Director.

If no guidelines have been issued by the Director the measures described in thisplan must include, but should not necessarily be limited to, the following:

1.1.1 A table containing all of the major commitments made in the plan;1.1.2 An implementation timetable for key aspects of the plan; and1.1.3 A reporting program to regularly advise the Director of the results of the

plan.1.2 The plan must be consistent with the Quarry Code of Practice 1999.1.3 The person responsible must implement and act in accordance with the approved

plan.1.4 In the event that the Director, by notice in writing to the person responsible, either

approves a minor variation to the approved plan or approves a new plan insubstitution for the plan originally approved, the person responsible mustimplement and act in accordance with the varied plan or the new plan, as the casemay be.

Effluent Disposal

E1 Perimeter drains1 Perimeter cut-off drains must be constructed at strategic locations on The Land to

prevent surface run-off from entering the area used or disturbed in carrying out theactivity. All reasonable measures must be implemented to ensure that sedimenttransported along these drains remains on The Land. Such measures may includeprovision of strategically located sediment fences, appropriately sized and maintainedsediment settling ponds, vegetated swales, detention basins and other measuresdesigned and operated in accordance with the principles of Water Sensitive UrbanDesign.

2 Drains must have sufficient capacity to contain run-off that could reasonably beexpected to arise during a 1 in 20 year rainfall event. Maintenance activities must beundertaken regularly to ensure that this capacity does not diminish.

E2 Design and maintenance of settling ponds1 Sediment settling ponds must be designed and maintained in accordance with the

following requirements:1.1 ponds must be designed to successfully mitigate reasonably foreseeable sediment

loss which would result from a 1 in 20 year storm event;1.2 discharge from ponds must occur via a stable spillway that is not subject to

erosion;1.3 all pond walls must be stable and treated with topsoil and vegetated or otherwise

treated in such a manner as to prevent erosion; and1.4 sediment settling ponds must be periodically cleaned out to ensure that the pond

design capacity is maintained. Sediment removed during this cleaning must besecurely deposited such that sediment will not be transported off The Land bysurface run-off.

Environment Protection Notice 9544/1 (r1) 7/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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E3 Stormwater1 Polluted stormwater that will be discharged from The Land must be collected and

treated prior to discharge to the extent necessary to prevent serious or materialenvironmental harm, or environmental nuisance.

2 Notwithstanding the above, all stormwater that is discharged from The Land must notcarry pollutants such as sediment, oil and grease in quantities or concentrations that arelikely to degrade the visual quality of any receiving waters outside the Land.

3 All reasonable measures must be implemented to ensure that solids entrained instormwater are retained on The Land. Such measures may include appropriately sizedand maintained sediment settling ponds or detention basins.

Flora And Fauna

FF1 Weed GuidelinesWeeds on The Land must be managed in accordance with the Weed Guidelines, including theimplementation of vehicle washdown procedures as detailed in appendix 2 of the guidelines.

Hazardous Substances

H1 Spill kitsSpill kits appropriate for the types and volumes of materials handled on The Land must bekept in appropriate locations to assist with the containment of spilt environmentally hazardousmaterials.

H2 Storage and handling of hazardous materials1 Unless otherwise approved in writing by the Director, environmentally hazardous

materials held on The Land must be:1.1 located within impervious bunded areas, spill trays or other containment systems;

and1.2 managed to prevent unauthorised discharge, emission or deposition of pollutants:

1.2.1 to soils within the boundary of The Land in a manner that is likely to causeserious environmental harm;

1.2.2 to groundwater;1.2.3 to waterways; or1.2.4 beyond the boundary of The Land.

Noise Control

N1 Operating hours1 Unless otherwise approved by the Director, activities associated with the extraction of

rock, gravel, sand, clay or minerals, and the loading/haulage of product, must not beundertaken outside the hours of 0700 hours to 1900 hours on weekdays.

2 Notwithstanding the above paragraph, activities must not be carried out on publicholidays that are observed Statewide (Easter Tuesday excepted).

Environment Protection Notice 9544/1 (r1) 8/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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Schedule 3: Information

Legal Obligations

LO1 EMPCAThe activity must be conducted in accordance with the requirements of the EnvironmentalManagement and Pollution Control Act 1994 and Regulations thereunder. The conditions ofthis document must not be construed as an exemption from any of those requirements.

LO2 Storage and handling of dangerous goods, explosives and dangerous substances1 The storage, handling and transport of dangerous goods, explosives and dangerous

substances must comply with the requirements of relevant State Acts and anyregulations thereunder, including:1.1 Work Health and Safety Act 2012 and subordinate regulations;1.2 Explosives Act 2012 and subordinate regulations; and1.3 Dangerous Goods (Road and Rail Transport) Act 2010 and subordinate

regulations.

LO3 Aboriginal relics requirements1 The Aboriginal Relics Act 1975, provides legislative protection to Aboriginal heritage

sites in Tasmania regardless of site type, condition, size or land tenure. Section 14(1) ofthe Act states that; Except as otherwise provided in this Act, no person shall, otherwisethan in accordance with the terms of a permit granted by the Minister on therecommendation of the Director of National Parks and Wildlife:1.1 destroy, damage, deface, conceal or otherwise interfere with a relic;1.2 make a copy or replica of a carving or engraving that is a relic by rubbing, tracing,

casting or other means that involve direct contact with the carving or engraving;1.3 remove a relic from the place where it is found or abandoned;1.4 sell or offer or expose for sale, exchange, or otherwise dispose of a relic or any

other object that so nearly resembles a relic as to be likely to deceive or becapable of being mistaken for a relic;

1.5 take a relic, or permit a relic to be taken, out of this State; or1.6 cause an excavation to be made or any other work to be carried out on Crown land

for the purpose of searching for a relic.2 If a relic is suspected and/or identified during works then works must cease immediately

and the Tasmanian Aboriginal Land and Sea Council and the Aboriginal HeritageTasmania be contacted for advice before work can continue. In the event that damage toan Aboriginal heritage site is unavoidable a permit under section 14 of the AboriginalRelics Act 1975 must be applied for. The Minister may refuse an application for apermit, where the characteristics of the relics are considered to warrant theirpreservation.

3 Anyone finding an Aboriginal relic is required under section 10 of the Act to report thatfinding as soon as practicable to the Director of National Parks and Wildlife or anauthorized officer under the Aboriginal Relics Act 1975. It is sufficient to report thefinding of a relic to Aboriginal Heritage Tasmania to fulfil the requirements of section10 of the Act.

LO4 Change of responsibilityIf the person responsible for the activity ceases to be responsible for the activity, they mustnotify the Director in accordance with Section 45 of the EMPCA.

Environment Protection Notice 9544/1 (r1) 9/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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Other Information

OI1 Waste management hierarchy1 Wastes should be managed in accordance with the following hierarchy of waste

management:1.1 waste should be minimised, that is, the generation of waste must be reduced to the

maximum extent that is reasonable and practicable, having regard to best practiceenvironmental management;

1.2 waste should be re-used or recycled to the maximum extent that is practicable;and

1.3 waste that cannot be re-used or recycled must be disposed of at a waste depot siteor treatment facility that has been approved in writing by the relevant planningauthority or the Director to receive such waste, or otherwise in a manner approvedin writing by the Director.

OI2 Notification of incidents under section 32 of EMPCAWhere a person is required by section 32 of EMPCA to notify the Director of the release of apollutant, the Director can be notified by telephoning 1800 005 171 (a 24-hour emergencytelephone number).

Environment Protection Notice 9544/1 (r1) 10/12

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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Attachment 1: The Land

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016

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Attachment 2: The Land - Coordinates

DIRECTOR, ENVIRONMENT PROTECTION AUTHORITY Date of issue: 19-09-2016