ir-t04 decision report template...mr john anthony boyle is the holder of both mining tenements. 3.2...

Licence: L9104/2017/1

IR-T04 Decision Report Template v2.0 (July 2017) i

Application for Licence Division 3, Part V Environmental Protection Act 1986

Licence Number L9104/2017/1

Applicant

John Anthony Boyle

ACN Not Applicable

File Number DER2017/001787

Premises Barradale Sand Project

Mining Lease M08/497 and Miscellaneous Licence L08/108 YANNARIE WA 6710

Date of Report 2/11/2018

Status of Report Final

Decision Report

1 Licence: L9104/2017/1

IR-T04 Decision Report Template v2.0 (July 2017)

Table of Contents 1. Definitions of terms and acronyms ................................................................... 3

2. Purpose and scope of assessment ................................................................... 4

2.1 Application details .................................................................................................. 4

3.1 Background ............................................................................................................ 4

3.2 Operational aspects ............................................................................................... 4

3.3 Infrastructure .......................................................................................................... 5

4. Legislative context.............................................................................................. 7

4.1 Part IV of the EP Act .............................................................................................. 7

4.2 Contaminated sites ................................................................................................. 7

4.1 Environment Protection and Biodiversity Conservation Act 1999 (Cth) ................... 7

4.2 Part V of the EP Act ............................................................................................... 7

Applicable regulations, standards and guidelines ............................................ 7

Works approval and licence history ................................................................. 8

Works approval compliance ............................................................................ 8

5. Consultation ........................................................................................................ 8

7. Risk assessment ............................................................................................... 11

7.1 Determination of emission, pathway and receptor ................................................ 11

7.2 Consequence and likelihood of risk events ........................................................... 13

7.3 Acceptability and treatment of Risk Event ............................................................. 14

7.6 Summary of acceptability and treatment of Risk Events ....................................... 17

8. Regulatory controls .......................................................................................... 18

8.1 Licence controls ................................................................................................... 18

9. Determination of Licence conditions .............................................................. 19

10. Applicant’s comments ...................................................................................... 19

11. Conclusion ........................................................................................................ 20

Appendix 1: Key documents .................................................................................... 21

Attachment 1: Licence L9104/2017/1 ....................................................................... 22

Table 1: Definitions .................................................................................................................. 3

Table 2: Prescribed premises category and production capacity .............................................. 4

Table 3: Documents and information submitted during the assessment process ...................... 4

Table 4: Barradale Sand Project Category 70 infrastructure..................................................... 5

Table 5: Relevant approvals and tenure ................................................................................... 7

Table 6: Works approval and licence history ............................................................................ 8

Table 7: Receptors and distance from activity boundary .......................................................... 8

2 Licence: L9104/2017/1


Table 8: Environmental values ................................................................................................. 9

Table 9: Groundwater and water sources ............................................................................... 10

Table 10: Identification of emissions, pathway and receptors during operation ...................... 11

Table 11: Risk rating matrix.................................................................................................... 13

Table 12: Risk criteria table .................................................................................................... 13

Table 13: Risk treatment table ............................................................................................... 14

Table 14: Risk assessment summary ..................................................................................... 18

Table 15: Summary of regulatory controls to be applied ......................................................... 18

Table 16: Summary of conditions to be applied ...................................................................... 19

3 Licence: L9104/2017/1


1. Definitions of terms and acronyms In this Decision Report, the terms in Table 1 have the meanings defined. Table 1: Definitions

Term Definition

ACN Australian Company Number

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.

EP Act Environmental Protection Act 1986 (WA)

EP Regulations Environmental Protection Regulations 1987 (WA)

Noise Regulations Environmental Protection (Noise) Regulations 1997 (WA)

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

Risk Event As described in Guidance Statement: Risk Assessment

4 Licence: L9104/2017/1


2. Purpose and scope of assessment A concurrent application for a works approval and licence was received by DWER on 16 October 2017 for construction and operation of a category 70 screening plant with throughput of up to 50,000 tonnes per year. Category 70 has a limit of production of less than 50,000 tonnes per year. This Decision Report assesses emissions and discharges associated with the operation of the prescribed premises with production limited to less than 50,000 tonnes per year, as listed in Table 2. Table 2: Prescribed premises category and production capacity

Classification of Premises

Description Category production or design capacity

Approved premises production

Category 70 Screening etc. of material : premises (other than premises within category 5 or 8) on which material extracted from the ground is screened, washed, crushed, ground, milled, sized or separated.

More than 5,000 but less than 50,000 tonnes per year.

Less than 50,000 tonnes per year.

2.1 Application details Table 3 lists the documents submitted during the assessment process. Table 3: Documents and information submitted during the assessment process

Document/information description Date received

Application Form and Attachments (Tenement Holder details M08/49, Letter of Approval to commence mining operations Reg. Id: 38422, copy of permit to clear native vegetation, Dust Management Plan).

16/10/2017

Email: Subject: CEO2750/17 Application for a Works Approval and Licence –(application category, premises boundary and map, fuel storage and spill, stormwater management and Yannarie River environment).

24/10/2017

Email Subject: RE: Barradale Sand Project update and queries - (start times, machinery on site). 16/01/2018

W6013/2017/1 Compliance documents submitted 30/10/2018

3. Overview of Premises

3.1 Background The Applicant (Mr John Anthony Boyle) proposes to screen sand extracted from the banks of the Yannarie River within Mining Lease M08/497 and Miscellaneous Licence L08/108. The premises is located approximately 125 km southeast of Exmouth in the Shire of Ashburton, and is adjacent to and south of the North West Coastal Highway. Mr John Anthony Boyle is the holder of both mining tenements.

3.2 Operational aspects The Barradale Sand Project will extract sand and shingle from the Yannarie River for use in infrastructure projects in the regions. Screening will be on a campaign basis lasting up to two

5 Licence: L9104/2017/1


weeks at time. Maximum throughput screening throughput will be less than 50,000 tonnes per year. The premises is expected to be operational for two years. Machinery for category 70 operations will consist of an excavator, loader, dump truck, Terex Finlay 693 screening plant and road truck (to haul the material off-site). The screening plant is mobile and will be moved to various locations within an area approved to be cleared as shown by the yellow lines in Figure 1 below. Operations on site will be conducted during the daytime only. During the extraction process, all faces will be battered down and no stockpiles left in the river that may impede river flows. Sand extraction will be from shallow sand only and up to 1.5 m depth from the general river bed surface and will not occur during river flow. There will be no storage of chemicals or fuel onsite. Refuelling will be by light utility vehicles carrying a self-contained fuel cell of less than 1,000 litres. Temporary fuel storage area will be bunded (from MP 64254). Water for dust suppression will be carted in from Onslow by water tanker, daily if required. The premises boundary is the whole of both tenements, as shown by the blue lines in Figure 1 below.

3.3 Infrastructure The Barradale Sand Project infrastructure listed in the Application, as it relates to Category 70 activities, is detailed in Table 4. Table 4: Barradale Sand Project Category 70 infrastructure

Infrastructure

Prescribed Activity Category 70

Screening of sand extracted from the banks of the Yannarie River

1 30 tonne capacity excavator

2 950 Front end loader

3 Screening plant – Terex Finlay 583

4 30 tonne capacity dump truck

5 Water truck

6 Haul truck

6 Licence: L9104/2017/1


Figure 1: Premises boundary and site plan

7 Licence: L9104/2017/1


4. Legislative context The approvals obtained for the project include those listed in Table 5. Table 5: Relevant approvals and tenure

Legislation Number Approval

Mining Act 1978 Reg. Id 64254 Mining proposal for small operations M08/497 and L08/108 Barradale Sands.

Decided 03/05/2017

Reg. Id 60935 Reconciliation Mining Proposal M08/497 "Barradale Sands"

Decided 08/11/2016

Reg. Id 58940 Letter of Intent to amend Mining Proposal ID38422

Decided 15/04/2016

Reg. Id 38422 Mining proposal with a mine closure plan – Barradale Sands Project

Decided 25/01/2016

Part IV of the EP Act (WA)

CPS6794/1 Permit to clear 27.195 hectares of native vegetation within a defined area of M08/497 and L08/108, for purposes of sand mining and associated activities.

Granted on 19/11/2015

4.1 Part IV of the EP Act The applicant has advised that the project has not been referred for assessment under Part IV of the EP Act. The Delegated Officer has determined that no Part IV referral is necessary on the basis of the low environmental risk.

4.2 Contaminated sites The premises is not listed on the Contaminated Sites register.

4.1 Environment Protection and Biodiversity Conservation Act 1999 (Cth)

The applicant has advised that the project has not been referred) for assessment under Environment Protection and Biodiversity Conservation Act 1999 (Cth)

4.2 Part V of the EP Act

Applicable regulations, standards and guidelines The overarching legislative framework of this assessment is the EP Act and EP Regulations. The guidance statements which inform this assessment are:

• Guidance Statement: Setting Conditions (October 2015)

• Guidance Statement: Decision Making (February 2017)

• Guidance Statement: Risk Assessments (February 2017)

• Guidance Statement: Environmental Siting (November 2016)

• Guidance Statement: Licence Duration (August 2016).

8 Licence: L9104/2017/1


Works approval and licence history Table 6 summarises the works approval and licence history for the premises. Table 6: Works approval and licence history

Instrument Issued Nature and extent of works approval, licence or amendment

W6103/2017/1 23/01/2017 Installation of screening plant

Works approval compliance Compliance documents for works approval W6013/2017/1 were received by DWER on 30 October 2018. Works consisted of installing the screening plant and signage. Photographic evidence was provided. DWER is in a position to grant a licence (as required by section 57(2)(a) of the EP Act).

5. Consultation The application was posted on the DWER website and advertised in the West Australian Newspaper on 13 November 2017 for 21 days. No comments were received. The application was referred to the Shire of Ashburton and the Department of Mines Industry Regulation and Safety (DMIRS) on 9 November 2017, with comments requested within 21 days. No comments were received by DMIRS. The Shire provided a response on 17 November 2017. The Shire of Ashburton made comment of its concerns about the proposal given the proximity to the Yannarie River 24 Hour Rest Area managed by Main Roads Western Australia (MRWA). The Shire noted that the Rest Area is especially popular in winter, with at times around 50 vehicles observed camped at night, with places near the river being the most popular. The Shire has concerns about hours of operation, noise, light and dust. The Shire provided the map below (Figure 2), with the location where travellers are most likely to be found resting hatched in blue.

6. Siting context

6.1 Residential and sensitive Premises The distances to sensitive receptors are detailed in Table 7. Table 7: Receptors and distance from activity boundary

Sensitive Land Uses Distance from Prescribed Activity

MRWA Yannarie River (Barradale) 24 hours Rest Area on North West Coastal Highway.

Stopping is not to exceed 24 hours.

The Rest Area is located:

• 450m (closest) to 1800m (furthest) north-east of the screening infrastructure operating area.

• on the opposite side of North West Coastal Highway.

The location of the Rest Area is hatched blue in Figure 2 (source: Shire of Ashburton).

9 Licence: L9104/2017/1


Figure 2: Location of the Resting Area’s popular resting places (map as provided by Shire of Ashburton)

6.2 Specified ecosystems Specified ecosystems are areas of high conservation value and special significance that may be impacted as a result of activities at or Emissions and Discharges from the Premises and as identified in the Guidance Statement: Environmental Siting. The distances to specified ecosystems are shown in Table 8. Table 8: Environmental values

Specified ecosystems Distance from the Premises

Threatened Ecological Communities and Priority Ecological Communities

None identified within 20 km

Threatened/Priority Flora None identified within 20 km

Threatened/Priority Fauna None identified within 20 km

6.3 Groundwater and water sources The distances to groundwater and water sources are shown in Table 9.

10 Licence: L9104/2017/1


Table 9: Groundwater and water sources

Groundwater and water sources Distance from Premises

Public drinking water source areas Closest is 125 km away (Exmouth Water Reserve)

Groundwater A water bore is located 800 m north (based on available GIS dataset –WIN Groundwater Sites). Groundwater was recorded at 7.9 metres below ground level and Total Dissolved Solids 2000 mg/L (sample date unknown).

Yannarie River - is endoreic and ephemeral and water flows only in times of heavy seasonal rainfall.

The water generally does not reach the Exmouth Gulf, instead disappearing into the sandy country to the north of the highway (MP 64254) and draining into the middle of the Coastal Plains geomorphic province near Yanrey Station.

The premises and operations are located along the river.

RIWI Act, Pilbara Groundwater Area

Extraction of water requires a Rights in Water and Irrigation Act 1914 Licence

The premises is located on the Groundwater Area. Extraction of groundwater will not be required at the premises.

6.4 Soils The river bed is sand (fine to coarse) and shingle comprised of pebbles. Outside of the river channel, the soils are red-brown poorly-sorted, loamy clays and sands forming areas of colluvium and sheetwash supporting sparse vegetation (MP 64254).

6.5 Meteorology

Rainfall Annual rainfall is on average 300 mm per year, but is irregular and episodic with about 60 to 70% of rainfall received during summer months during cyclones and thunderstorms.

11 Licence: L9104/2017/1


7. Risk assessment 7.1 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. The identification of the sources, pathways and receptors to determine Risk Events are set out in Table 10 below. Table 10: Identification of emissions, pathway and receptors during operation

Risk Events Continue to detailed risk assessment

Reasoning

Sources/Activities Potential emissions Potential receptors Potential

pathway Potential adverse

impacts

Cat 70: Screening etc. of material

Movement of vehicles and equipment on unsealed surfaces; excavation, transfer of materials, screening, and stockpiles.

Dust Yannarie River Rest Area

Air / wind dispersion

Amenity Impacts Yes Sensitive receptor (Yannarie River Rest Area) is located 450 m from the closest area of operations.

Operation of noise emitting vehicles and machinery:

Noise Yannarie River Rest Area

Air / wind

Amenity Impacts Yes Sensitive receptor (Yannarie River Rest Area) is located 450 mm from the closest area of operations.

Vehicles and equipment operating at night.

Light Yannarie River Rest Area

Space Amenity Impacts No Applicant has committed to operating in daylight hours only.

12 Licence: L9104/2017/1


Risk Events Continue to detailed risk assessment

Reasoning

Sources/Activities Potential emissions Potential receptors Potential

pathway Potential adverse

impacts

Refuelling and operations.

Hydrocarbon spills

Yannarie River bank soils

Direct discharge to ground

Contamination of river bed and banks.

Reduction in ecosystem health and quality

No The Delegated Officer considers a risk assessment is not required because:

Construction activities consist of mobile equipment being brought on site and set up (short duration).

No fuel will be stored on site. Refuelling will be by self-contained tank brought in by a vehicle.

Spill equipment will be kept on site and spills disposed off-site.

Environmental Protection (Unauthorised Discharges) Regulations 2004 (EP UD Regulations) are applicable.

Excavation of riverbed, stockpiling of material.

Stormwater containing sediment from stockpiles and exposed and excavated areas.

Yannarie River -downstream riparian vegetation.

Stormwater flow path by sheet flow and river flow.

Disruption of normal ecosystem function by smothering vegetation.

No The Delegated Officer considers a risk assessment is not required because:

Rainfall is episodic. The river only flows following significant rainfall events.

During the extraction process, faces will be battened down and no stockpiles will be left in the river (regulated under the Mining Act 1978, MP 64254)

Throughput is limited to 50,000 tonnes per year, with operations conducted on a campaign basis with stockpiles being transported off site.

There are no threatened or priority flora or ecological communities in the stormwater flow path.

13 Licence: L9104/2017/1


7.2 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 11 below. Table 11: 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 12 below. Table 12: 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. * 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.

14 Licence: L9104/2017/1


7.3 Acceptability and treatment of Risk Event DWER will determine the acceptability and treatment of Risk Events in accordance with the Risk treatment table 13 below: Table 13: 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.

7.4 Risk Assessment – Fugitive dust - operations

Characterisation of emission and impact The proposal is for screening up to 50,000 tonnes sand per year on a campaign basis. Activities likely to generate fugitive dust emissions include:

• Excavation of sand and front end loader operations; • screening of sand; • conveying of sized product to stockpiles; • lift-off from product stockpiles; and • truck movements, including wheel-generated dust and potentially dust from product

carried by the trucks if loads are not adequately covered. Operations will be located within the area bounded by yellow in Figure 1. The Yannarie River 24 Hour Rest Area is located 450 m north-east of the closest possible sources of fugitive dust from the premises, and 1,800 m from the furthest operations (Figures 1 and 2). The rest area is designed for stays of 24 hours only.

Criteria for assessment There are no directly applicable ambient air quality standards for the Premises.

Applicant controls The Application includes a Dust Management Plan (Dust Management Plan Barradale Sands Project M08/497 & L08/108, Drilline Civil Haulage, Revision A, 3 October 2017).

15 Licence: L9104/2017/1


Measures outlined in the Dust Management Plan to control dust include: • All areas on the premises from which dust may be generated maintained so that no

visible dust is discharged beyond the boundary of the premises. • Barriers including dust covers and skirts fitted to all processing equipment where

practical. • Dedicated water truck used for dust suppression. • Water truck spray down used on roads, hardstand areas and processing areas. • Water truck canon used on stockpiles and inaccessible areas. • Dust management included in staff induction and training. • In the event of strong winds, operations on site managed to prevent significant dust

emissions. • Vehicle speed limitations. • Haul trucks transporting materials off site to have loads fully covered. • Dust visually monitored during operations to ensure control measures are effective. • Personnel responsible for implementation of the plan are defined.

Key findings

The Delegated Officer has reviewed the information regarding risk of fugitive dust and has found:

1. Sensitive receptors will be travellers resting at the Yannarie River 24 Hour Rest Area (exposure to fugitive dust is limited to 24 hours).

2. The Rest Area is located approximately 450 m from the closest possible source of fugitive dust, but operations will also extend down river up to 1,800 m away.

3. The scale of operations is relatively small (less than 50,000 tonnes per year) and will be active on a campaign basis only.

4. The climate is mostly dry, with rainfall episodic. 5. The Applicant has a Dust Management Plan that includes: use of a water truck,

visual monitoring, vehicle speed limitations, haul trucks covered, and training of staff with defined responsibilities.

6. The Dust Management Plan does not include the recording of complaints, response and outcome.

Consequence Based upon the duration of exposure to dust for low level travellers utilising the Rest Area, the distance of the Rest Area from the closest source of fugitive dust, and the scale of operations, the Delegated Officer considers that the consequence of fugitive dust will be low level impact to amenity. Consequence is therefore Minor.

Likelihood of Risk Event Based upon the controls in the Applicant’s Dust Management Plan, the Delegated Officer has determined that the risk event of fugitive dust will probably not occur in most circumstances, and therefore the likelihood is Unlikely.

16 Licence: L9104/2017/1


Overall rating of risk of fugitive dust The Delegated Officer has compared the consequence and likelihood ratings described above with the risk rating matrix (Table 12) and determined that the overall rating for the risk of fugitive dust is Medium.

7.5 Risk Assessment – Noise - operations

Characterisation of emission and impact Noise generating machinery that may operate on site at any one time includes: screening plant, excavator, front end loader, water cart and haul truck. Noise can impact on amenity values. The Yannarie River 24 Hour Rest Area is located on the other side of North West Coastal Highway, 450 m from the premises’ closest area of operations. As operations proceed along the river, machinery may be up to 1,800 m away from the Rest Area (as shown in Figure 2). Rest Areas are promoted by Main Roads Western Australia (MRWA) to reduce driver fatigue. Stopping is not to exceed 24 hours at Yannarie River. The Shire of Ashburton has advised DWER that the Rest Area is popular in winter, when in the vicinity of 50 vehicles have been observed overnighting. Places closest to the river are the most popular.

Criteria for assessment The Environmental Protection (Noise) Regulations 1997 (WA) (Noise Regulations) apply. The assigned levels for noise sensitive premises are copied from the Noise Regulations below. Assigned levels are also adjusted for noise characteristics, if present.

Type of premises receiving noise

Time of day

Assigned level (dB) LA 10 LA 1 LA max

Noise sensitive premises: highly sensitive area

0700 to 1900 hours Monday to Saturday

45 + influencing

factor

55 + influencing

factor

65 + influencing

factor

0900 to 1900 hours Sunday and public holidays

40 + influencing

factor

50 + influencing

factor

65 + influencing

factor

1900 to 2200 hours all days

40 + influencing

factor

50 + influencing

factor

55 + influencing

factor 2200 hours on any day to 0700 hours Monday to Saturday and 0900 hours Sunday and public holidays

35 + influencing

factor

45 + influencing

factor

55 + influencing

factor

17 Licence: L9104/2017/1


Applicant controls The Applicant proposes to operate in daylight hours only, but with start times delayed to 7 am or 9 am when required in order to be compliant with the Noise Regulations.

Key findings

The Delegated Officer has reviewed the information regarding noise and has found:

1. The Yannarie River 24 Hour Rest Area is a noise sensitive premises located approximately 450 m from the closest area of operations. Operations will progress along the river, up to 1,800 m from the Rest Area.

2. MRWA encourages road users to make use of Rest Areas to reduce driver fatigue.

3. The Noise Regulations will apply. 4. The scale of operations is relatively small (less than 50,000 tonnes per year)

and will be active on a campaign basis. 5. Hours of operation will be during daylight hours which may include early

morning times where the Noise Regulations specify the most stringent Assigned Levels (dB).

6. The Applicant is aware of the Noise Regulations and is able to manage operations to ensure compliance.

Consequence Based upon the noise generating machinery that will be operating at the site, the hours of operation, and the distance of the operating area from the Rest Area (which is adjacent to the North West Coastal Highway), the Delegated Officer has determined that the potential impact of noise will be low level impact to amenity. Therefore, the Delegated Officer considers the consequence to be Minor.

Likelihood of Noise Based upon the scale of operations and the ability to operate machinery selectively, the Delegated Officer has determined that the premises is capable of being operated in compliance with the Noise Regulations, and the consequence of noise to amenity will probably not occur in most circumstances. Therefore, the Delegated Officer considers the likelihood to be Unlikely.

Overall rating of risk of Noise The Delegated Officer has compared the consequence and likelihood ratings described above with the risk rating matrix (Table 12) and determined that the overall rating for the risk of noise is Medium.

7.6 Summary of acceptability and treatment of Risk Events A summary of the risk assessment and the acceptability or unacceptability of the risk events set out above, with the appropriate treatment and control, are set out in Table 14 below. Controls are described further in section 11.

18 Licence: L9104/2017/1


Table 14: Risk assessment summary

Description of Risk Event Applicant controls Risk rating

Acceptability with controls (conditions on instrument)

Emission Source Pathway/ Receptor

(Impact)

1. Fugitive Dust

Stockpiles, excavation and transfer of materials, and screening.

Air/wind

Amenity, health impacts to sensitive receptors at a 24 hour Rest Area

Dedicated water truck on site for dust suppression, vehicle speed control, haul trucks carrying material, covered.

Minor consequence

Unlikely

Medium Risk

Acceptable subject to regulatory controls

2. Noise Vehicles and machinery.

Air/wind

Amenity, health impacts to sensitive receptors at 24 hour Rest Area

Hours of operation.

Area of operations.

Minor consequence

Unlikely

Medium risk

Acceptable subject to regulatory controls

Subject to the Noise Regulations.

8. Regulatory controls A summary of regulatory controls determined to be appropriate for the Risk Event is set out in Table 15. The risks are set out in the assessment in section 10 and the controls are detailed in this section. DWER will determine controls having regard to the adequacy of controls proposed by the Applicant. The conditions of the Licence will be set to give effect to the determined regulatory controls. Table 15: Summary of regulatory controls to be applied

Controls

Infrastructure

and equipment

Specified actions Information

Risk Items

(see risk analysis in section 7)

1. Dust • • •

2. Noise • • •

8.1 Licence controls The controls outlined below will be imposed as conditions on the Licence to manage the risk of emissions during operation of the premises. In accordance with DER’s Guidance Statement: Risk Assessments (February 2017), DER has regard for the Applicant’s proposed controls and where they lower the assessed consequence or likelihood of a risk event, these controls are conditioned in the instrument.

19 Licence: L9104/2017/1


Site Infrastructure/activities Requirements

Processing plant (screening) When in operation, located within the area defined by the yellow lines in Figure 1: Premises boundary and site plan.

Water cart/sprays/canons Available at all times for purposes of dust suppression when any earthmoving, screening, or cartage activities are occurring.

Water cart to contain sufficient water for dust suppression purposes.

Signage at the premises Easily visible, and to include the premises site-manager’s phone contact information

Management

Temporary cessation of activities Cease an activity causing visible dust lift-off where dust management measures have not prevented dust lift-off and there is a risk of dust affecting sensitive receptors (Yannarie River 24 Hour Rest Area).

Control of dust from trucks All loaded trucks leaving the premises are to be covered to prevent dust generation.

The Delegated Officer has determined that a condition requiring signage at the premises will be included to ensure complainants are able to contact site management.

9. Determination of Licence conditions The conditions in the issued Licence in Attachment 1 have been determined in accordance with the Guidance Statement: Setting Conditions. The Guidance Statement: Licence Duration has been applied and the issued licence expires in 20 years from date of issue. The Application indicated that operations would be for two years. The Licence may be revoked when no longer required. Table 16 provides a summary of the conditions to be applied to this licence. Table 16: Summary of conditions to be applied

Condition Ref Grounds Emissions 1

This condition is valid, risk-based and consistent with the EP Act.

Infrastructure and Equipment 2

These conditions are valid, risk-based and contain appropriate controls.

Specified actions 3

These conditions are valid, risk-based and contain appropriate controls.

Record keeping and Information 4, 5, 6, 7 and 8

These conditions are valid and are necessary administration and reporting requirements to ensure compliance.

DWER notes that it may review the appropriateness and adequacy of controls at any time and that, following a review, DWER may initiate amendments to the licence under the EP Act.

10. Applicant’s comments The Applicant was provided with the draft Decision Report and draft Licence on 26 February 2018. The Applicant did not provide comments on the draft documents.

20 Licence: L9104/2017/1


11. Conclusion This assessment of the risks of activities on the Premises has been undertaken with due consideration of a number of factors, including the documents and policies specified in this Decision Report (summarised in Appendix 1). Based on this assessment, it has been determined that the Issued Licence will be granted subject to conditions commensurate with the determined controls and necessary for administration and reporting requirements. Alana Kidd Manager, Resource Industries Delegated Officer under section 20 of the Environmental Protection Act 1986

21 Licence: L9104/2017/1


Appendix 1: Key documents Document title In text ref Availability

1. Application for Works Approval and Licence 20171016 (with attachments), Sent by email 16/10/2017 11:45AM

Application DWER records (A1542557)

2. Email Subject: CEO2750/17 Application for a Works Approval and Licence. Sent by Steve Milner (Austwide Mining Title Management Pty Ltd), 24/10/2017 3:57 PM (further information).

Application

DWER records (A1548014)

3. Email Subject: RE: Barradale Sand Project update and queries. Sent by Steve Milner (Austwide Mining Title Management Pty Ltd), 16/01/2018 9:28 AM

Application

DWER records (A1595234)

4. Emails Subject: RE: APPLICANT NOTIFICATION - W6103/2017/1 - APPLICATION FOR A WORKS APPROVAL - NOTICE OF DECISION TO GRAN. Sent by Charles Newland, Newland Environmental, 30 October 2018 11:04 AM and 11:57 AM

Compliance documents

DWER records (A1733892, A1733985)

5. Guidance Statement: Decision Making, February 2017. -

accessed at www.dwer.wa.gov.au

6. Guidance Statement: Environmental Siting, November 2016


7. Guidance Statement: Licence duration, August 2016 -


8. Guidance Statement: Setting conditions, October 2015 -


9. Guidance Statement: Risk Assessments, February 2017 -


10. Mining Proposal Reg. ID 64254 Mining Proposal For Small Operations M08/497 & L08/108 “Barradale Sands”, February 2017.

MP 64254 Accessed at http://minedexext.dmp.wa.gov.au/minedex/

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





22 Licence: L9104/2017/1


Attachment 1: Licence L9104/2017/1