Works Approval: W6325/2019/1 Decision report template (short-form) v 0.7 (November 2019) i Application for works approval Part V Division 3 of the Environmental Protection Act 1986 Works approval number W6325/2019/1 Applicant Spinifex Crushing and Screening Services Pty Ltd ACN 135 324 551 DWER file number DER2019/000217 Premises Chichester Quarry Legal description Mining Leases M45/1276 and L45/503 PORT HEDLAND 6721 Date of report 25 March 2020 Decision Granted Decision Report
Transcript
Works Approval: W6325/2019/1
Decision report template (short-form) v 0.7 (November 2019) i
Application for works approval
Part V Division 3 of the Environmental Protection Act 1986
Works approval number W6325/2019/1
Applicant Spinifex Crushing and Screening Services Pty Ltd
ACN 135 324 551
DWER file number DER2019/000217
Premises Chichester Quarry
Legal description
Mining Leases M45/1276 and L45/503
PORT HEDLAND 6721
Date of report 25 March 2020
Decision Granted
Decision Report
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1. Definitions
Key terms relevant to this decision report and their associated definitions are listed in Table 1.
Table 1 Definitions
Term Definition
ACN Australian Company Number
applicant Spinifex Crushing and Screening Services Pty Ltd
category / categories
Categories of prescribed premises as set out in Schedule 1 of the EP Regulations.
decision report refers to this document.
Delegated Officer An officer delegated under section 20 of the EP Act.
department 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.
emission has the same meaning given to that term under the EP Act.
EP Act Environmental Protection Act 1986 (WA)
EP Regulations Environmental Protection Regulations 1987 (WA)
Category Description Assessed production or design capacity or throughput
Category 12 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.
150,000 tonnes per annual period
Description of proposed activity
Spinifex Crushing and Screening Services Pty Ltd (SCS) has applied for a works approval to undertake crushing and screening activities at “Chichester Quarry” on Mining Leases M45/1276 and L45/503 (Figure 1). The premises is located 125km north-east of Tom Price (200km by road). The works proposed include crushing and screening of approximately 150,000 tonnes per annual period of basalt from the Tumbiana formation. This is above the production/design capacity for category 12 (50,000tpa) of Schedule 1, making the premises prescribed under the Environmental Protection Regulations 1987. The application originally included a request for category 77 activities (concrete and batching plant), which were subsequently removed from the application in later correspondence to DWER (received on 11 November 2019). Crushing and screening of extracted material will happen on a campaign basis between 6am and 6pm Monday to Sunday and stockpiled within the premises boundary before being transported off-site.
The table below lists the documents submitted during the assessment process.
Table 3 Applicant submissions
Document/information description Date received
Works Approval Application – Chichester Quarry – Spinifex
Crushing and Screening Services Received by DWER on 22/03/2019
Spinifex Crushing Service response letter WA to DWER (in
response to request for further information)
(Category 77 removed from application)
Received by DWER on 11/11/2019
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Figure 1 Site Location
Image provided as part of works approval supporting documentation
The infrastructure and equipment are outlined in the table below and the site layout is shown in Figures 2 and 3.
2 Service truck As required to service the equipment in the Processing, Extraction, Stockpile and Camp areas
3 Front end loader Stockpiling, Processing (not that as quarrying progresses into the hill the processing area may expand over time)
4 Tip truck Stockpiling, Processing
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Ref Infrastructure or Equipment
Site Layout Plan reference (Figure 2)
5 Mobile crushing and screening plant (with double skinned tanks)
• Metso LT3054 (diesel 1,200L)
• Metso LT300GP (diesel 1,200L)
• Metso LT7150 (diesel 600L)
• Metso ST458 (diesel 273L)
• Metso LT300HP (diesel 1,200L)
Processing
6 Generators X3 Camp, Processing
7 Sediment basin M45/1276 (Figure 3)
Figure 2 Site Layout
Image provided as part of works approval supporting documentation
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Figure 3 Sediment Basin Schematic
Image provided as part of works approval supporting documentation
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3. Legislative context and other approvals
The legislative framework for this assessment is the Environmental Protection Act 1986 (EP Act) and Environmental Protection Regulations 1987 (EP Regulations).
Relevant guidance documents are outlined in Table 5.
Approvals relevant to the premises are outlined in the table below.
Table 5 Approvals
Legislation Number Approval
Aboriginal Heritage Act 1972 &
Aboriginal Affairs Planning Authority Act 1972
Letter reference:
69-16332
Approval granted for access of Yandeyarra Reserve 31428 by Minister for Aboriginal Affairs on 29 October 2019.
Mining tenements also overlap with registered site 7936. Applicant has notified “Aboriginal Heritage” at DPLH. DWER contacted DMIRS with respect to this site and was provided advice that local consultation has already occurred through the approval process for Yandeyarra Reserve.
Environmental Protection Act 1986
TBC SCS has indicated they will apply for a clearing permit through DMIRS and will not undertake clearing until the permit has been granted.
Mining Act 1978 Registration ID : 78744
Mining Approval granted by DMIRS on 21 January 2020.
Rights in Water and Irrigation Act 1914
TBC Applicant planning to extract water from draw point 074143 on miscellaneous licence L45/503 (associated with previous GWL held by Fortescue Metals Group: 024755) – required to apply for a 5C licence to take water from this bore.
Mining approvals are subject to the Mining Act 1978 which supersedes the requirement for planning approvals under the Planning and Development Act 2005. Correspondence received from the Town of Port Hedland with respect to this application is included in Section 6 of this report.
In addition, a ministerial statement (unrelated to this application) for adjacent works is held by Fortescue Metals Group, for which mining tenements M45/1276 and L45/503 overlap (Table 6).
Table 6 Third party ministerial statements
Legislation Number Approval
Environmental Protection Act 1986
1062 Fortescue Metals Group: proposal to develop and operate the Solomon Iron Ore Mine.
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4. Emission sources, pathways, receptors and controls
Emissions
The potential for emissions to impact sensitive receptors has been assessed in accordance with the department’s risk framework. The key emission during premises construction which has been considered in this report is dust from activities associated with the placement of category 12 infrastructure and equipment, and dust emissions generated during operation of the premises, including screening and crushing, storage of material and vehicle movements. Emissions during operations also include sediment laden and hydrocarbon contaminated run-off associated with stockpiled material.
The applicant has proposed measures to assist in controlling these emissions, where necessary. These controls have been considered when undertaking the risk assessment detailed in Section 5.
Although the activities during both construction and operations are likely to generate noise, there are no noise sensitive receptors within 40km of the Premises and therefore this emission has not been included in the risk assessment below.
Receptors
Risk is assessed as a combination of emission sources, the proximity and sensitivity of receptors to those emission sources, and any pathways that can allow the emission to reach and potentially harm the receptor. Table 7 below provides a summary of human and environmental receptors in proximity to the premises which have a potential to be impacted from site activities, and the risk assessment in Section 0 considers these receptors in the context of emissions and potential pathways. With the exception of groundwater and surface water, there are no sensitive environmental receptors within 2km of the site. Figure 1 displays the nearest human receptor (Auski Roadhouse ~40km south) and Table 7 displays the non-perennial water course which intersects the site.
Given the significant distance to the Auski Roadhouse, the Delegated Officer doesn’t foresee any Risk Events associated with premises activities occurring for this receptor, and therefore this receptor has not been considered in the risk assessment in Section 5.
Table 7 Environmental receptors
Environmental receptors Distance from activity / prescribed premises
Groundwater Depth to ground water ranges between 6 and 10 m below ground surface (as stated in applicant report). The site is situated in the Pilbara fractured rock aquifer.
The closest groundwater abstraction bores to the prescribed premises boundary are approximately 1km north: GWL174094 registered to Fortescue Metals Group and GWL 202909 registered to Main Roads and Fortescue Metals Group.
The applicant was unable to provide detail on groundwater quality and inferred groundwater flow direction.
Surface water One non-perennial water course intersects with the site boundary in the south-west corner of the prescribed premises area There are no down-stream rivers of creeks into which the non-perennial water course drains.
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Figure 4 Sensitive environmental receptors
Image provided as part of works approval supporting documentation
Pathways
Air/windborne pathways
As dust is considered a potential emission, the prevailing wind direction has been considered. Annual climate summary statistics from the Bureau of Meteorology Wittenoom airport weather station (No. 005026) indicate that at 9am the prevailing wind direction is to the west. At 3pm the prevailing wind direction is predominantly towards the west but also to the south, which is towards the non-perennial watercourse.
Groundwater/surface water
Depth to ground water ranges between 6 and 10 m below ground surface (as stated in applicant report). The site is situated in the Pilbara Surface Water Area and the Pilbara fractured rock aquifer. One non-perennial water course intersects with the site boundary. The topography of the site is indicated by the applicant to be relatively flat with a gentle slope ranging from 361m Australian Height Datum (AHD) to 396m AHD. The Coonarrie Creek is located 13 km to the north-east of site and the Cockeraga River is located 12.5 km west of the site.
These pathways have been considered in the risk assessment table in Section 5.
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Applicant controls
The applicant has proposed the following management controls as part of the application:
Table 8 Applicant proposed controls
Emission
(as identified above)
Source Proposed controls
Dust Placement of infrastructure and equipment during construction.
Crushing, screening and transport of material, vehicle movements, lift-off from stockpiles during operations.
Applicant controls for mitigating impacts associated with dust were:
• Suppression via water truck as necessary and optional use of a benign dust suppressant. SCS are in the process of applying for a groundwater licence to extract water from an existing bore on-site (former inactive bore drilled by FMG) for which they will use dust suppression.
• The quality of the water used for dust suppression is unknown. This will be accounted for in the risk assessment and the instrument.
Site visual inspection of dust. In the event of windy conditions, dust generating activities will be rescheduled for another day.
• Trucks are washed down before leaving the premises to stop the spread of dust offsite.
Sediment Stockpile run off An earthen sedimentation pond will be excavated and bogged out at (at least) the end of each campaign.
Storm water will be directed to the pond via earthen bunds. A staged approach will be undertaken with additional ponds developed as the quarry expands (design provided by applicant).
Design provided by applicant in Attachment E of the applicant’s response to DWER’s request for further information. Design specifications are listed within the instrument associated with this decision report.
Hydrocarbons Uncontrolled/accidental release of hydrocarbons to land
All generators on site will be self bunded to contain at least 110% of their contents
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5. Risk assessment
The identification of the sources, pathways and receptors to determine Risk Events are set out in TablesTable 9Table 10 below, consistent with the Guidance Statement: Risk Assessments. Risk ratings have been assessed for each key emission source and take into account potential source-pathway-receptor linkages.
The mitigation measures / controls proposed by the applicant have been considered in determining the risk rating. Emissions during construction and operation have been assessed separately to allow clear delineation of activity phases.
The works approval that accompanies this report authorises construction and time-limited operations only. A licence is required to operate the premises following the time-limited operational phase authorised under the works approval.
The conditions in the issued Works Approval, as outlined in TablesTable 9Table 10 below, have been determined in accordance with the Guidance Statement: Setting Conditions.
Risk assessment – construction
Table 9 Identification of emissions, pathways and receptors during construction
Risk Event
Consequence rating*
Likelihood rating*
Risk* Reasoning
Regulatory controls (refer to conditions of the granted instrument)
Source/Activities Potential emissions
Potential receptors, pathway and impact
Applicant controls
Construction, mobilisation and positioning of infrastructure.
Vehicle movements on unsealed access roads and installation of crushing and screening plants.
Reversing alarms on vehicles.
Dust
Air/windborne pathway causing impacts to surface water quality of non-perennial water course which intersects with the premises.
Please refer to Section 4.4
Minor Unlikely Low
The minor construction works (equipment placement) are not expected to generate significant dust emissions. The proposed controls are expected to be sufficient at mitigating dust emissions.
N/A
*Consequence ratings, likelihood ratings and risk descriptions are detailed in the Department’s Guidance Statement: Risk Assessments (February 2017)
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5.2 Risk assessment – operation (including time limited)
Table 10 Risk assessment - operation
Risk Event
Consequence rating**
Likelihood rating**
Risk** Reasoning Regulatory controls (refer to conditions of the granted instrument) Source/Activities*
Potential emissions
Potential receptors, pathway and impact
Applicant controls
Screening activities
Crushing activities
Unloading, loading and stockpiling of material
Vehicle movements
Dust
Air/windborne pathway causing impacts to surface water quality of non-perennial water course which intersects with the premises.
Please refer to Section 4.4
Moderate Unlikely Medium
The applicant’s proposed dust mitigation controls are likely to be sufficient at mitigating dust emissions however these may need to be included in the licence as regulatory controls.
Dust emissions to be minimised by use of water cart on stockpiles and during operations.
As water used for dust suppression is of unknown quality, to protect the receiving environment, the applicant will be required to submit water quality data during time limited operations: pH, EC, TDS and major ions being K, Na, Ca, Cl, HCO3, SO4.
Sediment
Overland and stockpile runoff causing impacts to surface water by the increase of suspended solids.
Please refer to Section 4.4
Moderate Possible Medium
The applicant’s proposed storm water mitigation controls are likely to be sufficient at mitigating sediment emissions.
Applicant to construct an earthen sedimentation pond.
All surface water run-off to the earthen sedimentation pond must be uncontaminated. The applicant must monitor surface water discharge to sediment pond for the presence of hydrocarbons (TRH C6-C40).
All contaminated surface water run-off must be contained and disposed of at a licensed facility.
Hydrocarbons (associated with operational activities – equipment, machinery, generators)
Overland transport causing impacts to surface water and leaching through soil profile to cause impacts to groundwater.
Please refer to Section 4.4
Moderate Possible Medium
The applicant controls may be insufficient at controlling hydrocarbon release associated with site activities.
A release of hydrocarbons to the environment may be breach of the UDR’s.
As per applicant proposed controls, all generators on site are to be self bunded to contain at least 110% of their contents.
*The works approval that accompanies this report authorises construction and time limited operations only. A licence is required for ongoing operations.
**Consequence ratings, likelihood ratings and risk descriptions are detailed in the Department’s Guidance Statement: Risk Assessments (February 2017)
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6. Consultation
Table 11 Consultation
Method Comments received DWER response
Application advertised on DWER website
(3/12/2019)
None received N/A
Local Government Authority advised
(2/12/2019)
The Town of Port Hedland submitted comments on 19 December 2019 requesting that no adverse effects be made to surrounding infrastructure, access tracks, soil, surface and ground water resources and for appropriate containment and disposal of waste.
Town of Port Hedland also requested that an application to construct and install a mechanical wash down facility be submitted for assessment prior to any installation and use commencing.
Wash bay activities are not a prescribed activity and are outside the scope of the works approval application. However, any uncontrolled release of hydrocarbons to the environment would be a breach of the UDR’s.
DMIRS advised
(2/12/2019)
None received N/A
Applicant referred draft documents (31/01/2020)
N/A N/A
7. Determination of Works Approval conditions
The conditions in the issued works approval have been determined in accordance with the Guidance Statement: Setting Conditions. Table 12 provides a summary of the conditions to be applied to this works approval.
Table 12: Summary of works approval conditions to be applied
Condition Ref Grounds
Infrastructure and Equipment: conditions 1 and 2
These conditions are valid, risk-based and contain appropriate controls.
General (operational): condition 3
These conditions are valid, risk-based and contain appropriate controls.
Compliance reporting: conditions 4, 5, 15 and 16
These conditions are valid and are necessary administration and reporting requirements to verify compliance.
Time limited operations: conditions 8 to 14
These conditions are valid, risk-based and contain appropriate controls.
Record keeping: conditions 17, 18 and 19
These conditions are valid and are necessary administration and reporting requirements to verify compliance.
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Time limited operations 8 - 16
These conditions are valid and are necessary administration and reporting requirements to verify 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 works approval under the EP Act.
8. Conclusion
Based on the assessment in this decision report, the Delegated Officer has determined that a works approval will be granted, subject to conditions commensurate with the determined controls and necessary for administration and reporting requirements.
Lauren Fox A/MANAGER RESOURCE INDUSTRIES INDUSTRY REGULATION An officer delegated by the CEO under section 20 of the EP Act
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Appendix 1: Key documents
Document title Availability
Works Approval/Licence (W6253/2019/1) application form
and supporting documentation
Received by DWER March 2019
DWER records (DER2019/000217)
Supplementary information for works approval application in
response to request for RFI
Received by DWER 6 November 2019
DWER records (A1840506)
DER, July 2015. Guidance Statement: Regulatory
principles. Department of Environment Regulation, Perth.
accessed at www.dwer.wa.gov.au
DER, October 2015. Guidance Statement: Setting conditions. Department of Environment Regulation, Perth.
DER, August 2016. Guidance Statement: Licence duration.
Department of Environment Regulation, Perth.
DER, February 2017 Guidance Statement: Risk
Assessments. Department of Environment Regulation,
Perth.
DWER, June 2019 Guideline: Decision Making Department of Water and Environmental Regulation
