EXTRACTIVE ACTIVITIES FOR LOCAL GOVERNMENT

Transcription

1 EXTRACTIVE ACTIVITIES FOR LOCAL GOVERNMENT John Davoren, Environmental Officer, PROTERRA Group, QLD, Australia Shoshanna Grounds, Senior Archaeologist, Biosis, QLD, Australia Abstract Extractive and quarrying activities play a critical role in local government s ability to provide transport and other infrastructure for the communities they serve. After major flooding events in 2010/11 and 2012, it is estimated that some 27 million tonnes of additional roadbase and aggregates were required on flood recovery projects, much of this being accessed from local government facilities across regional Queensland. Since 1994, gravel extraction has been listed as an Environmentally Relevant Activity (ERA) under the Environmental Protection Regulation, meaning that it generally may only be carried out lawfully under an approval from the Department of Environment and Heritage. However, due to changes over the years in laws relating to threshold levels for gravel pits and exemptions relating to the use of the gravel there is a fair bit of confusion as to which pits actually need to be authorised, and what form this authority may take. This, along with the fact that especially in rural areas, pits may have been used infrequently over periods of many years, has meant that in the case of many local government areas, the licensing of pits is likely to be incomplete and inaccurate. The Department of Environment and Heritage Protection is currently considering undertaking compliance action against Councils carrying out extraction activities without proper approval. In light of this, this paper will: describe the current legal framework in place for the management of gravel pits operated by Local Government identify the key issues involved in gaining proper authority for extractive activities, and outline the steps that Local Governments may need to consider in the continued management of their gravel assets. Take home message: Gravel extraction is Environmentally Relevant Activity Local governments are required to carry out extraction in compliance with state legislation Managing gravel assets with respect to the relevant legislation will facilitate future resource planning for local governments and allow access to a reliable source of construction materials for future operations.

2 Introduction Extractive and quarrying activities play a critical role in local government s ability to provide transport and other infrastructure for the communities they serve. After major flooding events in 2010/11 and 2012, it is estimated that some 27 million tonnes of additional roadbase and aggregates were required on flood recovery projects, much of this being accessed from local government facilities across regional Queensland. Since 1994, gravel extraction has been listed as an Environmentally Relevant Activity (ERA) under the Environmental Protection Regulation, meaning that it generally may only be carried out lawfully under an approval from the Department of Environment and Heritage. However, due to changes over the years in laws relating to threshold levels for gravel pits and exemptions relating to the use of the gravel there is a fair bit of confusion as to which pits actually need to be authorised, and what form this authority may take. This, along with the fact that especially in rural areas, pits may have been used infrequently over periods of many years, has meant that in the case of many local government areas, the licensing of pits is likely to be incomplete and inaccurate. Legal Framework The extraction of gravel in Qld is generally governed by a combination of the laws that regulate mining, local government, development and environmental protection. The application of these laws will depend on a number of factors, including: the person or authority who is extracting the gravel the person or authority who is in control of that land the amount of gravel being extracted the size of the extraction area the surrounding environment of the extraction area the purpose the gravel is to be used for The 3 main pieces of legislation relation to gravel extraction are: Environmental Protection Act 1994 under which authority is given to carry out the activity as an Environmentally Relevant Activity, and also imposes a general environmental duty, Sustainable Planning Act 2009 which manages the processes by which development takes place, and Mining and Quarrying Safety and Health Act 1999 which aims to protect the safety and health of persons at mines and quarries. ERA 16 - Extractive and screening activities Gravel extraction and screening is listed as an Environmentally Relevant Activity (ERA) in the Environmental Protection Regulation ERA 16 Extractive and screening activities The Regulation categorises the activity or extraction under 3 threshold levels: 2(a) t to 100,000t per year 2(b) - 100,000t to 1,000,000t per year 2(c) - more than 1,000,000t per year Extraction of less than 5000t per year is not an ERA, however an operation extracting up to 5000t of material per year will still likely require development approval in accordance with the relevant local planning scheme. Categories 2(b) and 2(c) are now referred to as concurrence ERAs. A concurrence ERA is a prescribed ERA which triggers assessment under the Sustainable Planning

3 Act 2009 for a material change of use. Category 2(a) does not trigger assessment for a material change of use. Note that screening, while covered under ERA 16, is a separate activity (ERA 16 part 3), and it is likewise categorised under the same thresholds as ERA 16 (2). Most quarries operated by local governments in rural areas would probably come under the first threshold: ERA 16 2(a) t to 100,000t per year Note that in the case of Local Government, gravel extraction is not considered an ERA, if the extraction takes place on a road reserve, for the purpose of road maintenance/construction, and the extraction foot print is <1 ha. Environmental Authority Applications An ERA must not be carried out without an Environmental Authority (EA). As a result of the Qld Government s Greentape Reduction legislation (Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012), many gravel extraction operations, along with some lower risk ERAs have had standard conditions developed (Model Operating Conditions, ERA 16 Extractive and Screening Industries). There are now 3 types of EA application in Queensland: STANDARD application VARIATION application SITE SPECIFIC application If the ERA can meet the eligibility criteria and comply with the standard conditions, a STANDARD application may be lodged. A STANDARD application is a very simple process fill out an online form which includes a declaration that the eligibility criteria will be met, pay the application fee (currently $570) and an Environmental Authority will be issued. The eligibility criteria for a standard application are as follows: The quantity of material screened is more than 100,000 tonnes but not more than 1,000,000 tonnes per year. The facility is not within 1000 metres of a sensitive receptor The maximum area of extraction workings is 5.0 hectares. The facility is not in an environmentally sensitive area. The combustion of fuel, other than natural gases, does not exceed 500 kilograms per hour. There is no release of aqueous waste from the activity to waters. NB: this STANDARD application essentially replaces the Code of Environmental Compliance for Extractive and Screening Activities, which was in effect between November 2012 and December After 5 December 2013 the new types of applications came into effect. It can be assumed that many of the gravel pits being operated in rural Qld could meet these criteria. If a Council were to have many pits in use which were either not licensed, or improperly licensed it would be a relatively simple to have these pits approved as standard activities operating under a set of standard conditions. Variation Applications are used where a gravel pit can meet the eligibility criteria, but it may be necessary to vary one or more of the standard conditions Site Specific Applications are used where a gravel pit cannot meet the eligibility criteria. A site specific application will require more details to be provided with the application, including:

4 A description of the environmental values likely affected by the activity Details of any emissions or releases generated A description of the risk and likely magnitude of the impacts on the environmental values Details of the management practices proposed to be implemented to prevent or minimise adverse impacts Details of how the land will be rehabilitated after the activity ceases Environmental Impact Assessment of Extractive activities To lodge a Site Specific Application for an extractive activity, it will be necessary for the local government to address the likely impacts on existing environmental values which will be caused by the activity. Generally, this will require the preparation of and Activity Based Management Plan (ABMP). The Activity Based Management Plan should identify the key environmental values likely to be impacted by the activity, and in particular provide: A description of existing environmental conditions at the site. A description of the activities and operations proposed to be carried out at the site A detailed analysis of the potential impacts of the activity on the environment, and All proposed mitigation and management measures The key environmental values likely to be impacted by the activity include: Dust nuisance Extractive industry creates a considerable amount of dust. Particulate emissions are released from the ripping of in-situ rock, the handling of quarry material, crushing of material and material stockpiles exposed to wind. Management measures to mitigate dust nuisance need to be developed taking into consideration all relevant factors, including material type, prevailing winds and the proximity of sensitive receptors Noise / vibration The ripping of in-situ rock, the handling of quarry material, crushing material and the transport of material from site also has the potential to create a significant noise or vibration nuisance, particularly where sensitive receptors are in close proximity to the extraction site or regularly used haul routes. Noise mitigation measures should be identified, taking into consideration haul routes and operation hours. Ecosystem impacts Extractive industries requiring EA applications may extend across considerable areas pertaining to native or endangered vegetation and fauna habitat or in proximity to sensitive waterways. Strategies to minimise further impacts to native fauna and preserve existing ecosystem conditions are required to ensure environmental compliance. Previously existing extractive areas are required to minimise harm to surrounding areas and to ensure clearance is minimised in areas of remnant vegetation. Erosion and sediment control The key objective for sediment and erosion control at extractive sites is to ensure that there is no uncontrolled discharge of surface water from the disturbed areas during all phases of the development. This may be achieved in a variety of ways, including avoiding unnecessary disturbance of earth or vegetation outside of extraction area, scheduling works during dry periods, controlling the flow of water through the site and maintaining relevant buffers Visual amenity Vegetation clearing and excavation activities may cause impacts on the landscape that

5 may be viewed as being detrimental by neighbours and other observers. Where this impact may be considered significant, screening options should be considered where appropriate. Waste management A waste management plan should be developed which identifies the likely waste to be produced at the site and its characteristics, and where appropriate, proposed methods of waste disposal Cultural heritage Areas rich in stone raw materials suitable for gravel extraction may have also been targeted for use in the past. Dependent upon the particular geological features of the stone material, a correlation has been noted between the position of operational gravel pits and sources of lithic materials exploited by Aboriginal people for tools and ceremonial areas, particularly in western Queensland where suitable resource areas are scarce. In conjunction with assessing environmental impacts as part of the gravel pit permitting process, the requirements of the Aboriginal Cultural Heritage Act 2003 and the Duty of Care guidelines must also be complied with to ensure no harm is caused to areas of significance. Risks may be greatly reduced through preliminary duty of care investigations and predictive approaches targeted to highlighting areas of specific risk. DEHP Compliance action DEHP compliance regulators are assessing extractive industries to ensure compliance with environmental regulation. Site assessments and audits may be undertaken as part of this regulatory process. Key indicators which are targeted during these reviews include the requirements that: No environmental harm is to occur due to exposure of contaminated land. No noticeable areas of contaminated land including odours, soil discolouration and/or staining. No vegetation additional to approved and identified vegetation to be removed No sedimentation offsite. No erosion of the bed or banks of any watercourse within which works are being undertaken. Mitigation measures detailed in the ESCP are implemented on site. No air quality complaints. No noise or vibration complaints from sensitive receptors. No native fauna to be injured or killed during construction activities. Minimal loss of fauna habitat areas No damage or destruction of items or places of cultural or built heritage. No encroachment into or disturbance of designated exclusion zones. No erosion within the rehabilitated site. No waste remaining on site post operation. No new weed infestations on site. Advanced planning to ensure EA applications meet the standard requirements for existing and new extraction areas can ensure that local governments maintain compliant and consistently available local resources. Simple and practical general and site activity specific mitigation strategies have been designed to reduce environmental impacts at numerous gravel extraction areas across Queensland. These management strategies are designed to ensure locally administered gravel pits comply with all legislative protocols while ensuring that costs to local government are reduced, with an emphasis on avoidance risk management strategy.

6 Balonne Shire Council In 2012, PROTERRA Group (formerly known as RPMS) began working with Balonne Shire Council to update the licensing of their gravel extraction activities. The first task was to undertake a review Balonne Shire s original Certificate of Registration dating from 2005 authorising 53 pits for use. 36 of these were under the former ERA 20(a) for <5000 t per year, with the remaining 17 under ERA 20(b) for 5000 t 100,000 t per year. Many of these pits were recorded in incorrect locations, both in the coordinates of the pit, and also in many cases the block of land that the pit was recorded on was incorrect. It is understood that many of the errors in locations stemmed from past practices at the Department where activities on road reserve were recorded on the adjacent blocks of land and the centroid of the particular block of land was recorded as being the site of the pit. The result was that many pits were sometimes several kilometres away from where the Certificate said they may be. Seven pits were found to be incorrectly located on the Certificate of Registration as being on freehold land instead of the road reserve directly adjacent. As the correct location was directly adjacent to the block they were listed on these were considered administrative errors and the EA could be amended to correct these locations without application. As a result of the review of the original Certificate of Registration, an amendment application was made for one of Council s existing EAs in October 2013, to correct all previous inconsistencies in the extractive industry details, and to amalgamate all four of the Council s existing environmental licences under the one EA. Features of this amendment application included: 27 of the sites were found to comply with the Code of Environmental Compliance and were added to the EA under the Code. Sixteen of the sites were Code compliant, but were located on incorrect lots, which were at a distance was considered too great to be treated as administrative errors. These were amended and added to the EA added to the EA under the Code. In March 2014, a further Site Specific application was lodged to add a further 15 sites to the EA. These were sites which had either not been previously authorised, or had been authorised in incorrect locations, but did not meet the criteria for Code compliance for the previous November application. In May 2014, an amended EA was issued which includes all of Balonne Shires ERAs, including 54 extractive sites. All extractive sites have been correctly located, and the GPS data is being integrated into the Councils GIS system to allow for future management of the sites with respect to land boundaries, protected vegetation etc. Conclusion It is essential for rural Local Governments to have reliable access to quarry materials in order to provide transport and other infrastructure for the communities they serve. However, it is recognised that these activities must be carried out in accordance with the relevant State Legislation. Recent compliance action taken by the Department of Environment and Heritage Protection has demonstrated that in many rural areas of Queensland, some extractive activities may have developed ad hoc over many years, leaving some operations inconsistent with current legislation. Timely action taken by local governments to address any inconsistencies in this facet of their business should facilitate future resource planning and allow access to a reliable source of construction materials for future operations.

7 References Gray, Dugald, After the Rains Repaving Paradise, IQA-CCAA Construction Materials Industry Conference, Melbourne Queensland Government, Model Operating Conditions: ERA 16 Extractive and screening activities Version 1. del-operating-conditions-era16-em1210.pdf Author Biography PROTERRA Group (formerly RPMS) are one of regional Australia's most reliable project management and civil construction consultancies. Environmental Officer John Davoren specialises in environmental management and has extensive experience across the construction, mining and energy industries. He has recently been involved in assisting Balonne Shire Council in addressing the legal requirements of their extractive activities. Postal Address: John Davoren, PROTERRA Group PO Box 208 Toowoomba, QLD, BIOSIS has provided strategic cultural heritage management advice and consultation for projects across Australia since Senior Archaeologist Shoshanna Grounds has extensive experience in Australian cultural heritage management and Aboriginal consultation in the mining and infrastructure industries. She was recently involved in an extensive program of extractive industry environmental compliance acquisition assisting local and state contractors in Central West Queensland. Postal Address: Shoshanna Grounds, Biosis Pty Ltd. PO Box 238 Fortitude Valley QLD