Fremantle Port Inner Harbour and Channel Deepening - Reclamation at Rous Head and Offshore Placement of Dredged Material. Compliance Assessment Plan

Transcription

1 Fremantle Port Inner Harbour and Channel Deepening - Reclamation at Rous Head and Offshore Placement of Dredged Material Compliance Assessment Plan

2

3 P:\FremantlePorts\816_InnerHarbourDredgeMonitoring\003_CAPandCAR\Reports\Compliance Assessment Plan\Compliance Assessment Plan.docx Fremantle Ports Inner Harbour and Channel Deepening, Reclamation at Rous Head and Offshore Placement of Dredged Material Compliance Assessment Plan Prepared for Fremantle Ports Prepared by Oceanica Consulting Pty Ltd February 2010 Report No. 816_003/1

4 Client: Fremantle Ports Revisions history DISTRIBUTION REVIEW Version Author No. Copies & Recipients Format Date Reviewer Date A S. Scott R. DeRoach 1 x electronic 28/01/10 R. DeRoach 28/01/10 B S. Scott L. Banks M. Bailey 1 x electronic 29/01/10 L. Banks M. Bailey 8/02/10 29/01/10 C S. Scott R. DeRoach 1 x electronic 11/02/10 R. DeRoach 12/02/10 D S. Scott L. Banks 1 x electronic 12/02/10 L. Banks 15/02/10 Rev0 S. Scott OEPA L. Banks L. Stuart G. Valenti R. DeRoach M. Bailey 1 x electronic 15/02/10 OEPA 17/1/10 Rev1 Rev2 Rev3 S. Scott S. Scott S. Scott L. Banks L. Stuart G. Valenti R. DeRoach M. Bailey OEPA L. Banks L. Stuart G. Valenti R. DeRoach M. Bailey OEPA Fremantle Ports Oceanica 1 x electronic 17/02/10 L. Banks L. Stuart 17/02/10 19/02/10 1 x electronic 19/02/10 OEPA 19/02/10 1 x hard copy, 1 x electronic 3 x hard copy, 1 x electronic 2 x hard copy 24/02/10 Status This report is Draft until the author and director have signed it off for final release. A Draft report should not be used for any purpose other than to be reviewed with the intention of generating a Final version. Approved for final release: Author Director Disclaimer This report has been prepared on behalf of and for the exclusive use of Fremantle Ports, and is subject to and issued in accordance with the agreed terms and scope between Fremantle Ports and Oceanica Consulting Pty Ltd. Oceanica Consulting Pty Ltd accepts no liability or responsibility whatsoever for it in respect of any use of or reliance upon this report by any third party. Copying this report without the permission of Fremantle Ports or Oceanica Consulting Pty Ltd is not permitted. Cover Main image: View of Fremantle Port from the Swan River (Marianne Nyegaard); Minor images: Light logger deployed above seagrass, Cockburn Sound (Oceanica Consulting); Posidonia sinuosa with epiphytes, offshore of Rous Head (Oceanica Consulting). The Oceanica logo is a registered trade mark of Oceanica Consulting Pty Ltd which is protected by law. You may not use this trade mark without first obtaining the permission of Oceanica Consulting Pty Ltd. Copyright 2010 Oceanica Consulting Pty Ltd

5

6 Contents 1. Introduction Background Purpose and Scope Assessment and Reporting Audit table Frequency of compliance reporting Approach and timing of compliance assessments Retention of compliance assessments Reporting non-compliances and corrective measures Table of contents Public availability of reports References Oceanica: Fremantle Ports: Compliance Assessment Plan i

7 List of Tables Table 1.1 Key elements of the Project... 1 Table 2.1 Audit table... 5 Table 2.2 Approach and timing of compliance assessments... 9 List of Figures Figure 1.1 Proposed development areas and ecological protection areas Appendix A Ministerial Statement 801 List of Appendices ii Oceanica: Fremantle Ports: Compliance Assessment Plan

8 1. Introduction 1.1. Background The Fremantle Ports Inner Harbour and Channel Deepening Project (the Project ) involves the dredging of approximately 3.1 million m3 of consolidated and unconsolidated material and its disposal at an offshore spoil disposal area (Gage Roads) or its reuse in land reclamation at Rous Head. Dredging will be undertaken to deepen the Deep Water Channel and Inner Harbour Channel (Figure 1.1) to allow 14 m draft ships to utilise the Fremantle Inner Harbour. An area of seabed at Rous Head will also be reclaimed using dredged material. A combination of a Trailing Suction Hopper Dredge (TSHD) and a Cutter Suction Dredge (CSD) will be used. The key elements of the Project are provided in Table 1.1. A detailed description of the Proposal is provided in Section 2 of the Public Environmental Review document (SKM, 2008). For a description of water, mussel and sediment quality monitoring, please refer to the Water Quality Monitoring Program (WQMP, Oceanica, 2009). Table 1.1 Key elements of the Project Component Description Construction of a seawall around the reclamation area 20 weeks (prior to the dredging programme). This component of the works will be managed under the CEMP and therefore is only made reference to in the DSDMP and is not considered further. Duration of Dredging 26 weeks. Deepening of Fremantle Port Inner Harbour Dredging to a declared depth of RL m Low Water Mark Fremantle (LWMF); Removal of approximately 0.9 million m3 of dredged material. Deepening of the Entrance Channel Dredging to declared depths between RL m and RL m (LWMF); Removal of approximately 1.1 million m3 of dredged material. Deepening of Deep Water Channel Dredging to declared depths between RL m and RL m (LWMF) within an area up to 169 ha; Removal of approximately 1.1 million m3 of dredge material. Rous Head Reclamation Area Placement of approximately 1.6 million m3 dredged material for reclamation of an area of 27 ha of seabed (Stage 3); Construction of a protective seawall 1000 m long. Proposed Offshore Spoil Disposal area Placement of approximately 1.5 million m3 of dredged material within an area of approximately 150 ha (1.5 km2) located north of Gage Roads. Oceanica: Fremantle Ports: Compliance Assessment Plan 1

9 Figure 1.1 Proposed development areas and ecological protection areas. 2 Oceanica: Fremantle Ports: Compliance Assessment Plan

10 1.2. Purpose and Scope This compliance assessment plan is submitted in order to fulfil Ministerial Conditions 4.1 and 4.2 of Ministerial Statement 801 (Appendix A) as outlined below. Ministerial Condition 4.1 The proponent shall prepare and maintain a Compliance Assessment Plan to the satisfaction of the CEO. Ministerial Condition 4.2 The proponent shall submit to the CEO, the Compliance Assessment Plan required by Condition 4-1 within 6 months of the date of this Statement. The Compliance Assessment Plan shall indicate: 1. the frequency of compliance reporting 2. the approach and timing of compliance assessments 3. the retention of compliance assessments 4. reporting of non-conformances and corrective actions taken 5. the table of contents of compliance reports; and 6. public availability of compliance reports Oceanica: Fremantle Ports: Compliance Assessment Plan 3

11 2. Assessment and Reporting 2.1. Audit table An audit table has been prepared for Ministerial Statement 801. The audit table was partially populated by DEC with Fremantle Ports completing the table and preparing the audit program, in accordance with DEC Guidelines (DEC 2009a; DEC 2009b). The audit table contains each condition, procedure or commitment separated into audit elements for auditing purposes, and includes the following attributes: Audit code: Ministerial statement reference number Subject: The environmental subject/issue Action: What the proponent must do How: The way it must be done/performance Criteria Evidence: Information or data collected to verify compliance, i.e. report/letter/site inspection requirements Satisfy: Who will give approval Advice: Agencies whose advice must be considered as stipulated in the ministerial statement Phase: Project phase When: Specific timing and/or location Status: Notes about the fulfilment of compliance. Note that the table is only a summary of conditions in Statement 801 and that the Statement should be referred to directly for matters requiring additional clarification or information on procedural matters. 4 Oceanica: Fremantle Ports: Compliance Assessment Plan

12 Table 2.1 Audit Code 801:M :M :M2.2 Audit table Subject Action How Evidence Satisfy Advice Phase When Status Proposal Implementation Proponent Nomination and Contact Details Proponent Nomination and Contact Details The proponent shall implement the proposal as documented and described in schedule 1 of this statement subject to the conditions and procedures of this statement The proponent for the time being nominated by the Minister for Environment under sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the implementation of the proposal The proponent shall notify the Chief Executive Officer of the Department of Environment and Conservation (CEO) of any change of the name and address of the proponent for the serving of notices or other correspondence within 30 days of such change. Project implemented as described in Statement Proponent nominated to implement the proposal Written advice Annual Compliance Assessment Report Proponent details as listed on Ministerial Statement 801 Letter to CEO notifying of change of contact name and address Min for Env Min for Env Overall For the life of the Proposal Overall For the life of the Proposal CEO Overall Within 30 days of such change. 801:M3.1 Time Limit of Authorisation The authorisation to implement the proposal provided for in this statement shall lapse and be void five years after the date of this statement if the proposal to which this statement relates is not substantially commenced Written advice Compliance Assessment Reports, written notification Min for Env Overall Commenced by 18 th August :M3.2 Time Limit of Authorisation 801:M :M :M :M :M :M4.6 Compliance Reporting Compliance Reporting Compliance Reporting Compliance Reporting Compliance Reporting Compliance Reporting The proponent shall provide the CEO with written evidence which demonstrates that the proposal has substantially commenced on or before the expiration of five years from the date of this statement The Proponent shall prepare and maintain a Compliance Assessment Plan to the satisfaction of the CEO The Proponent shall submit to the CEO, the Compliance Assessment Plan required by Condition 4.1 within 6 months of the date of this Statement The Proponent shall assess compliance with conditions in accordance with the Compliance Assessment Plan required by Condition 4.1 The Proponent shall retain reports of all compliance assessments described in the Compliance Assessment Plan required by Condition 4.1 and shall make those reports available when requested by the CEO The Proponent shall advise the CEO of any noncompliance as soon as practicable The Proponent shall submit to the CEO a Compliance Assessment Report annually from the date of issue of this Statement addressing the previous twelve month period or other period as agreed by the CEO. The date of the first Compliance Assessment Report shall be 15 months from the date of this Statement, with each subsequent report 12 months from the date of the previous Report Written advice Letter to CEO of OEPA outlining substantial commencement DEC Overall Within one month of commencement Prepare Compliance Assessment Plan Compliance Assessment Plan CEO For the life of the Proposal The Compliance Assessment Plan shall indicate: 1. the frequency of compliance reporting; 2. the approach and timing of compliance assessments; 3. the retention of compliance assessments; 4. reporting of non-compliances and corrective actions taken; 5. the table of contents of Compliance Assessment Reports; and 6. public availability of compliance reports. Follow Compliance Assessment Plan when assessing compliance Compliance Assessment Reports will be placed on Fremantle Ports website A letter describing the non-compliance will be sent to the CEO of OEPA The Compliance Assessment Report shall: 1. be endorsed by the Proponent s Chief Executive Officer or a person, approved in writing by the Department of Environment and Conservation, delegated to sign on the Chief Executive Officer s behalf; 2. include a statement as to whether the Proponent has complied with the conditions; 3. identify all non-compliances and describe corrective and preventative actions taken; 4. be made publicly available in accordance with the approved Compliance Assessment Plan; and 5. Compliance Assessment Plan CEO Design Compliance Assessment Reports CEO Overall Annually Reports on website Letter to CEO of OEPA Annual Compliance Assessment Reports CEO CEO CEO Within 6 months of the date of this Statement. That is by 18 February 2010 Overall When requested of the CEO Overall Overall Within 72 hours of a non-compliance being identified (subsequent to processing of data) Annually with the first report due 15 months from the date of issue of this Statement. That is on 18 November Oceanica: Fremantle Ports: Compliance Assessment Plan 5

13 Audit Code 801:M :M :M :M :M :M :M6.1 Subject Action How Evidence Satisfy Advice Phase When Status Marine Ecology Benthic Primary Producer Habitat Marine Ecology Benthic Primary Producer Habitat Marine Ecology Benthic Primary Producer Habitat Marine Ecology Benthic Primary Producer Habitat Marine Ecology Benthic Primary Producer Habitat Marine Ecology Benthic Primary Producer Habitat Marine Water Quality and Sediment Quality Prior to dredging activities the proponent shall prepare maps showing the: 1. Gage Roads Benthic Primary Producer Habitat Management Unit; 2. location and extent of the benthic primary producer habitat types; 3. boundaries of the direct disturbance area and predicted levels of impact, including coordinates; 4. boundaries of the indirect disturbance area and predicted levels of indirect impact, including coordinates; 5. the spatially defined offshore spoil disposal ground, including coordinates; and 6. boundary of the Rous Head reclamation area, including coordinates The proponent shall ensure that there are no direct or indirect losses of coral or macroalgal Benthic Primary Producer Habitat within the Gage Roads management unit (referred to in condition 5-1) caused by this dredging campaign and that losses of seagrass BPPH within this management unit caused by the dredging campaign do not exceed 50 hectares The proponent shall monitor and record the loss of Benthic Primary Producer Habitat (seagrass, macroalgae, coral) within the Gage Roads management unit referred to in condition 5-1 for the duration of the dredging campaign and for six months following the dredging campaign if impacts are within predicted levels, or for up to 5 years if impacts exceed predictions, to the requirements of the Department of Environment and Conservation Two months following the conclusion of monitoring of each program referred to in condition 5-3 the proponent is to report to the CEO of the Department of Environment and Conservation the total cumulative loss of each Benthic Primary Producer Habitat type (seagrass, macroalgae, and coral) in the Gage Roads management unit referred to in condition 5-1. The report is to include a map showing area and losses of benthic primary producer habitat type The proponent shall annually survey the footprint (as per coordinates) of the offshore spoil ground for two years after completion of the disposal activities and after any severe storm event within the two year period exceeding a one in five year ARI for the purposes of demonstrating that the dredging spoil has remained within the footprint of the approved dredge spoil disposal ground The future use of the offshore disposal site for disposal outside the approved coordinates is not permitted under this assessment and therefore requires an additional consideration under the EP Act To achieve the Environmental Quality Objectives (EQOs) established for the marine environment by the Environmental Protection Authority in Perth Coastal Waters Environmental Values and Objectives, specifically for the high Ecological Protection Area adjacent to the reclamation return water discharge zone, the proponent shall prepare and implement a Water Quality Monitoring Program as a component of the Dredge Spoil Disposal Management Plan (DSDMP) to the satisfaction of the CEO of the Department of Environment and Conservation indicate any proposed changes to the Compliance Assessment Plan required by Condition 4.1 Prepare maps listed under Action column Measurement of baseline coral, macroalgal and seagrass BPPH extent (801: M5.1) and comparative post-dredging BPPH survey to ensure that there are no losses of coral or macroalgal BPPH and no more than 50 ha of seagrass BPPH Measurement of baseline coral, macroalgal and seagrass BPPH extent (801: M5.1) and comparative post-dredging BPPH survey/s to ensure that there are no losses of coral or macroalgal BPPH and no more than 50 ha of seagrass BPPH Calculate cumulative habitat losses based on monitoring results. Prepare a report with these losses as well as a map showing area and losses of BPPH. Annually survey footprint of offshore disposal ground for two years after completion of disposal. Survey after any severe storm event exceeding a one in five year annual recurrence interval within the two year period. No offshore disposal will occur to the site described in MS801 other than that approved under this assessment. Implement the Water Quality Monitoring Program. Maps to be provided to OEPA within the first Compliance Assessment Report. Compliance Assessment Report including habitat loss calculations Compliance Assessment Report including habitat loss calculations; Monitoring results provided to the CEO of OEPA as outlined in M5.4 Compliance Assessment Report including a map and cumulative habitat loss calculations for each BPPH type; Report provided to the CEO of OEPA Provide survey details to OEPA within annual compliance report Records of volume dumped will be provided to the DEC in the annual reports Results of the Water Quality Monitoring Program will be provided in annual Compliance Assessment Reports. Fortnightly WQMP data reports to be submitted to the OEPA. Min for Env Min for Env Design Overall CEO Overall CEO Overall Min for Env Min for Env Overall CEO Overall Overall Annually Maps prepared prior to dredging activities, to be provided together with comparative maps from BPPH monitoring surveys referred to in 801:M5.2, 801:M5.3 and 801:M5.4. Maps to be provided within the first Compliance Assessment Report. Two months following the completion of the proposal Throughout the dredging campaign and for six months following the dredging campaign if impacts are within predicted levels, or for up to 5 years if impacts exceed predictions Two months following the conclusion of monitoring of each program referred to in condition 5-3 Annually for two years after completion of the disposal activities and after any severe storm event within the two year period exceeding a one in five year ARI Compliance assessment reports to be submitted annually through the dredging campaign. Fortnightly WQMP data reports to be submitted to the OEPA 6 Oceanica: Fremantle Ports: Compliance Assessment Plan

14 Audit Code 801:M :M :M6.4 Subject Action How Evidence Satisfy Advice Phase When Status Marine Water Quality and Sediment Quality Marine Water Quality and Sediment Quality Marine Water Quality and Sediment Quality Prior to dredging activities causing sediment dispersion into the marine environment the proponent shall prepare a map defining the levels of Ecological Protection that will apply for the duration of the dredging campaign including: 1. The boundary of the Rous Head reclamation area and adjacent seabed where the level of ecological protection is reduced to moderate for the duration of the project implementation 2. The boundary of the Rous Head reclamation area and adjacent seabed where a high level of ecological protection will be met after completion of the dredging campaign 3. Identify environmental quality indicators and associated trigger levels, based on the guidelines and recommended approaches in the Australian and New Zealand Guideline for Fresh and Marine Water Quality (ANZECC & ARMCANZ, 2000) and the Environmental Quality Criteria Reference Document for Cockburn Sound ( ) (EPA, 2005), for assessing the performance of the discharges in meeting the EQOs for the moderate ecological protection areas and at the boundary of the high Ecological Protection Area, both during and after completion of the dredging campaign 4. Design and employ protocols and schedules for reporting performance against the EQOs using the environmental quality trigger levels for discharges 5. Specify appropriate management and mitigation measures to be applied if monitoring demonstrates that the environmental quality trigger levels are exceeded at any point during the dredging and reclamation program, or if they are exceeded for a high level of ecological protection adjacent to Rous Head after completion of the dredging campaign If the Water Quality Monitoring Program required in condition 6-1 demonstrates that the environmental quality trigger levels (as determined in condition 6.2) are not met, the proponent shall immediately report to the CEO of the Department of Environment and Conservation with the remedial management and/or preventative actions to be implemented Monitoring shall be conducted for the duration of the dredging and disposal program and for six months following completion of the program, or until it has been demonstrated that the High Ecological Protection values have re-established adjacent to Rous Head. The results of monitoring shall be reported to the CEO of the Department of Environment and Conservation Prepare Water Quality Monitoring Program (WQMP) to include: map defining levels of ecological protection as described in action column; environmental quality indicators and associated trigger levels; protocols and schedules for reporting performance against the EQOs; and management and mitigation measures Provide report to the CEO of the OEPA with the remedial management and/or preventative actions to be implemented following the exceedance of trigger levels The Compliance Assessment Report shall include the initial predictions of the proponent as described in the Public Environmental Review and proponent s response to submissions, and an analysis of how, and to what extent the results of monitoring varied from the predictions WQMP Min for Env Design Report to the CEO of the OEPA CEO Overall Compliance Assessment Report submitted to the CEO of the OEPA. CEO Overall Submit WQMP prior to dredging activities causing sediment dispersion into the marine environment Within 72 hours of an exceedance of environmental quality trigger levels (subsequent to processing of data). Within two months of completion of the monitoring and analysis Oceanica: Fremantle Ports: Compliance Assessment Plan 7

15 2.2. Frequency of compliance reporting The first compliance report shall be submitted 15 months from the date of Ministerial Statement 801, that is 18 November Each subsequent report shall be submitted 12 months from the date of the previous report Approach and timing of compliance assessments Fremantle Ports shall on an annual basis assess compliance with all conditions of Ministerial Statement 801 as outlined in the Audit Table provided as Table 2.1. The approach shall include an assessment of compliance with all commitments outlined in the Water Quality Monitoring Program approved by the Office of the Environment Protection Authority. The approach and timing to compliance assessments is outlined in Table 2.2. Table 2.2 Approach and timing of compliance assessments Audit Code (refer to audit table) Assessment Timing M4.6 Compliance Assessment Report Annually with the first due 18 November 2010 M6.1 Water Quality Monitoring Programme data reports Fortnightly 2.4. Retention of compliance assessments Fremantle Ports will retain all compliance assessment reports for the life of the project and make them publically available when requested by the CEO of DEC Reporting non-compliances and corrective measures Fremantle Ports will provide notification to the Proposal Implementation and Monitoring Section (PIMS) of the Office of the Environment Protection Authority via an to the PIMS mailbox within 72 hours of a non-compliance being identified. A report including any corrective actions identified will be provided to the PIMS via both (pims@epa.wa.gov.au) and in hard copy, once an investigation into the non-compliance is completed. The Compliance Assessment Report for Ministerial Statement 801 will include where required, reference to the submission of any investigation reports provided to PIMS as detailed above Table of contents The table of contents to be included in each annual compliance report would include at a minimum the following; Introduction Purpose Project status Marine ecology Benthic primary producer habitat Marine water quality and sediment quality Compliance summary 2.7. Public availability of reports Fremantle Ports will make the annual compliance reports publically available under their website for the life of the project. Oceanica: Fremantle Ports: Compliance Assessment Plan 9

16 3. References DEC, 2009a. Compliance Monitoring and Reporting Guidelines for Proponents, Preparing an Audit Table, Department of Environment and Conservation, Government of Western Australia, May DEC, 2009b. Compliance Monitoring and Reporting Guidelines for Proponents - Preparing a Compliance Assessment Plan, Department of Environment and Conservation, Government of Western Australia. Oceanica, 2010, Fremantle Port Inner Harbour and Channel Deepening Reclamation at Rous Head and Offshore Placement of Dredged Material: Water Quality Monitoring Program, Prepared for Fremantle Ports by Oceanica Consulting Pty Ltd, Report no. 816_006/1, Perth, Western Australia, January Sinclair Knight and Merz (SKM), Fremantle Port Inner Harbour and Channel Deepening, Reclamation and Rous Head and Offshore Placement of Dredged Material Public Environmental Review Document, Prepared for Fremantle Ports by SKM, Perth, Western Australia, Oceanica: Fremantle Ports: Compliance Assessment Plan

17 Appendix A Ministerial Statement 801

18 STATUS OF THIS DOCUMENT This document has been produced by the Office of the Appeals Convenor as an electronic version of the original Statement for the proposal listed below as signed by the Minister and held by this Office. Whilst every effort is made to ensure its accuracy, no warranty is given as to the accuracy or completeness of this document. The State of Western Australia and its agents and employees disclaim liability, whether in negligence or otherwise, for any loss or damage resulting from reliance on the accuracy or completeness of this document. Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction except in accordance with copyright law is prohibited. Published on 18 August 2009 Statement No 801 STATEMENT THAT A PROPOSAL MAY BE IMPLEMENTED (PURSUANT TO THE PROVISIONS OF THE ENVIRONMENTAL PROTECTION ACT 1986) FREMANTLE PORTS INNER HARBOUR AND CHANNEL DEEPENING, RECLAMATION AT ROUS HEAD AND OFFSHORE PLACEMENT OF DREDGED MATERIAL Proposal: The proposal is to deepen the Fremantle Inner Harbour, Entrance Channel and the Deep Water Channel by dredging approximately 3.1 million cubic metres to provide for further reclamation at Rous Head of approximately 27 hectares and for offshore disposal. The proposal is further documented in schedule 1 of this statement. Proponent: Fremantle Ports Proponent Address: 1 Cliff Street, Fremantle, WA 6160 Assessment Number: 1621 Report of the Environmental Protection Authority: Report 1330 The proposal referred to in the above report of the Environmental Protection Authority may be implemented. The implementation of that proposal is subject to the following conditions and procedures: 1 Proposal Implementation 1-1 The proponent shall implement the proposal as documented and described in schedule 1 of this statement subject to the conditions and procedures of this statement. Published on:

19 2 Proponent Nomination and Contact Details 2-1 The proponent for the time being nominated by the Minister for Environment under sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the implementation of the proposal. 2-2 The proponent shall notify the Chief Executive Officer of the Department of Environment and Conservation (CEO) of any change of the name and address of the proponent for the serving of notices or other correspondence within 30 days of such change. 3 Time Limit of Authorisation 3-1 The authorisation to implement the proposal provided for in this statement shall lapse and be void five years after the date of this statement if the proposal to which this statement relates is not substantially commenced. 3-2 The proponent shall provide the CEO with written evidence which demonstrates that the proposal has substantially commenced on or before the expiration of five years from the date of this statement. 4 Compliance Reporting 4.1 The Proponent shall prepare and maintain a Compliance Assessment Plan to the satisfaction of the CEO. 4.2 The Proponent shall submit to the CEO, the Compliance Assessment Plan required by Condition 4.1 within 6 months of the date of this Statement. The Compliance Assessment Plan shall indicate: 1. the frequency of compliance reporting; 2. the approach and timing of compliance assessments; 3. the retention of compliance assessments; 4. reporting of non-compliances and corrective actions taken; 5. the table of contents of Compliance Assessment Reports; and 6. public availability of compliance reports. 4.3 The Proponent shall assess compliance with conditions in accordance with the Compliance Assessment Plan required by Condition The Proponent shall retain reports of all compliance assessments described in the Compliance Assessment Plan required by Condition 4.1 and shall make those reports available when requested by the CEO. 4.5 The Proponent shall advise the CEO of any non-compliance as soon as practicable. 4.6 The Proponent shall submit to the CEO a Compliance Assessment Report annually from the date of issue of this Statement addressing the previous twelve month period or other period as agreed by the CEO. The date of the first Compliance Assessment 2

20 Report shall be 15 months from the date of this Statement, with each subsequent report 12 months from the date of the previous Report. The Compliance Assessment Report shall: 1. be endorsed by the Proponent s Chief Executive Officer or a person, approved in writing by the Department of Environment and Conservation, delegated to sign on the Chief Executive Officer s behalf; 2. include a statement as to whether the Proponent has complied with the conditions; 3. identify all non-compliances and describe corrective and preventative actions taken; 4. be made publicly available in accordance with the approved Compliance Assessment Plan; and 5. indicate any proposed changes to the Compliance Assessment Plan required by Condition Marine Ecology Benthic Primary Producer Habitat 5-1 Prior to dredging activities the proponent shall prepare maps showing the: 1. Gage Roads Benthic Primary Producer Habitat Management Unit; 2. location and extent of the benthic primary producer habitat types; 3. boundaries of the direct disturbance area and predicted levels of impact, including coordinates; 4. boundaries of the indirect disturbance area and predicted levels of indirect impact, including coordinates; 5. the spatially defined offshore spoil disposal ground, including coordinates; and 6. boundary of the Rous Head reclamation area, including coordinates. 5-2 The proponent shall ensure that there are no direct or indirect losses of coral or macroalgal Benthic Primary Producer Habitat within the Gage Roads management unit (referred to in condition 5-1) caused by this dredging campaign and that losses of seagrass BPPH within this management unit caused by the dredging campaign do not exceed 50 hectares. 5-3 The proponent shall monitor and record the loss of Benthic Primary Producer Habitat (seagrass, macroalgae, coral) within the Gage Roads management unit referred to in condition 5-1 for the duration of the dredging campaign and for six months following the dredging campaign if impacts are within predicted levels, or for up to 5 years if impacts exceed predictions, to the requirements of the Department of Environment and Conservation. 5-4 Two months following the conclusion of monitoring of each program referred to in condition 5-3 the proponent is to report to the CEO of the Department of Environment and Conservation the total cumulative loss of each Benthic Primary Producer Habitat type (seagrass, macroalgae, and coral) in the Gage Roads 3

21 management unit referred to in condition 5-1. The report is to include a map showing area and losses of benthic primary producer habitat type. 5-5 The proponent shall annually survey the footprint (as per coordinates) of the offshore spoil ground for two years after completion of the disposal activities and after any severe storm event within the two year period exceeding a one in five year ARI for the purposes of demonstrating that the dredging spoil has remained within the footprint of the approved dredge spoil disposal ground. 5-6 The future use of the offshore disposal site for disposal outside the approved coordinates is not permitted under this assessment and therefore requires an additional consideration under the EP Act. 6 Marine Water Quality and Sediment Quality 6-1 To achieve the Environmental Quality Objectives (EQOs) established for the marine environment by the Environmental Protection Authority in Perth Coastal Waters Environmental Values and Objectives, specifically for the high Ecological Protection Area adjacent to the reclamation return water discharge zone, the proponent shall prepare and implement a Water Quality Monitoring Program as a component of the Dredge Spoil Disposal Management Plan (DSDMP) to the satisfaction of the CEO of the Department of Environment and Conservation. 6-2 Prior to dredging activities causing sediment dispersion into the marine environment the proponent shall prepare a map defining the levels of Ecological Protection that will apply for the duration of the dredging campaign including: 1. The boundary of the Rous Head reclamation area and adjacent seabed where the level of ecological protection is reduced to moderate for the duration of the project implementation. 2. The boundary of the Rous Head reclamation area and adjacent seabed where a high level of ecological protection will be met after completion of the dredging campaign. 3. Identify environmental quality indicators and associated trigger levels, based on the guidelines and recommended approaches in the Australian and New Zealand Guideline for Fresh and Marine Water Quality (ANZECC & ARMCANZ, 2000) and the Environmental Quality Criteria Reference Document for Cockburn Sound ( ) (EPA, 2005), for assessing the performance of the discharges in meeting the EQOs for the moderate ecological protection areas and at the boundary of the high Ecological Protection Area, both during and after completion of the dredging campaign. 4. Design and employ protocols and schedules for reporting performance against the EQOs using the environmental quality trigger levels for discharges. 5. Specify appropriate management and mitigation measures to be applied if monitoring demonstrates that the environmental quality trigger levels are exceeded at any point during the dredging and reclamation program, or if they are exceeded for a high level of ecological protection adjacent to Rous Head after completion of the dredging campaign. 4

22 6-3 If the Water Quality Monitoring Program required in condition 6-1 demonstrates that the environmental quality trigger levels (as determined in condition 6.2) are not met, the proponent shall immediately report to the CEO of the Department of Environment and Conservation with the remedial management and/or preventative actions to be implemented. 6-4 Monitoring shall be conducted for the duration of the dredging and disposal program and for six months following completion of the program, or until it has been demonstrated that the High Ecological Protection values have re-established adjacent to Rous Head. The results of monitoring shall be reported to the CEO of the Department of Environment and Conservation. The report shall include the initial predictions of the proponent as described in the Public Environmental Review and proponent s response to submissions, and an analysis of how, and to what extent the results of monitoring varied from the predictions. Notes 1. Where a condition states on advice of the Environmental Protection Authority, the Environmental Protection Authority will provide that advice to the Department of Environment and Conservation for the preparation of written notice to the proponent. 2. The Environmental Protection Authority may seek advice from other agencies or organisations, as required, in order to provide its advice to the Department of Environment and Conservation. 3. The Minister for Environment will determine any dispute between the proponent and the Environmental Protection Authority or the Department of Environment and Conservation over the fulfilment of the requirements of the conditions. Donna Faragher JP MLC MINISTER FOR ENVIRONMENT; YOUTH 5

23 Schedule 1 Table 1: BPPH assessment The table below is a summary of the project s predicted footprint from dredging from direct (dredged area and spoil placement) and indirect (sediment plume dispersion and settlement). The proponent has modelled the zone of effect for indirect impacts as a result of sediment plumes across two timing scenarios (November and January). BPPH Loss Calculations Total Size of Management Unit (ha) Types of Benthic Primary Producer Habitat Historical Area of Total BPPH (ha) BPPH Management Unit (MU) Gage Roads Deep Water Channel Category E Category D November January Coastal Unit Category C Dominant seagrass with macroalgae and coral Macroalgae on limestone pavement, occasional seagrass Dominant seagrass with macroalgae on limestone pavement Current Area of Total BPPH (ha) EPA Category and Loss Threshold (2004b) Potential Permanent Seagrass Loss due to Project (ha and %) Estimated Historic Seagrass Loss (ha and %) Potential Total Cumulative Seagrass Loss (Historical + this Project) (ha and %) Potential Permanent Macroalgal Loss due to Project (ha and %) Estimated Historic Macroalgal Loss (ha and %) Potential Total Cumulative Macroalgal Loss (Historical + this Project) (ha and %) Potential Permanent Direct Coral Loss due to Project (ha and %) Estimated Historic Coral Loss (ha and %) Potential Total Cumulative Coral Loss (Historical + this Project) (ha and %) E 10% D 5% C 2% % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % % The Proposal (Assessment No. 1621) The main characteristics of the proposal are summarised in Table 2 below. A detailed description of the proposal is provided in Section 2 of the project referral document, Fremantle Ports Inner harbour and Channel Deepening, Reclamation at Rous Head and Offshore Placement of Dredged Material (PER, 2009). 6

24 Table 2: Summary of key proposal characteristics Element Description General Construction of a sea wall 1000 m long Reclamation Approx 27 ha at Rous Head Dredging Inner Harbour, from a depth of RL m to a depth of RL m Low Water Mark Fremantle (LWMF) Entrance Channel from depths of RL to 13.4 m to depths between RL m (LWMF) and RL m (LWMF) to provide adequate depth for turning ships Deep Water Channel to a depth of RL m (LWMF) on straight sections and RL m (LWMF) on bends, within an area of approx 169ha Relocation of dredged materials From the Inner Harbour (approx 0.9 Mm3) and the inner section of Entrance Channel (approx 1.1 Mm3) to Rous Head from the Deep Water Channel (approx 1.1 Mm3) to a proposed spoil ground located at Gage Roads (placement of approx 1.45 Mm3 within an area of approx 150ha) Timing Dredging campaign to commence in November for weeks. Key M metres M3 cubic metres Figures 1. Fremantle Ports project location 2. Fremantle Ports project location Satellite 3. Fremantle Ports project location Inner Harbour dredging and reclamation 4. Fremantle Ports project location Rous Head extension 7

25 8

26 9

27 10

28

29