Works Approval Conditions 1 General 1.1 Interpretation 1.1.1 In the Works Approval, definitions from the Environmental Protection Act 1986 apply unless the contrary intention appears. 1.1.2 In the Works Approval, unless the contrary intention appears: Act means the Environmental Protection Act 1986; annual period means the inclusive period from 1 April until 31 March in the following year; CEO means Chief Executive Officer of the Department of Environment Regulation; CEO for the purpose of correspondence means; Manager Licensing - Resource Sector (North) Department of Environment Regulation Locked Bag 33 CLOISTERS SQUARE WA 6850 Telephone: (08) 9333 7510 Facsimile: (08) 9333 7550 Email: industry.regulation@der.wa.gov.au ; code of practice for the storage and handling of dangerous goods means document titled Storage and handling of dangerous goods: Code of Practice published by the Department of Mines and Petroleum, as amended from time to time; dangerous goods has the meaning defined in the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007; environmentally hazardous material means material (either solid or liquid raw materials, materials in the process of manufacture, manufactured products, products used in the manufacturing process, by-products and waste) which if discharged into the environment from or within the premises may cause pollution or environmental harm. Note: Environmentally hazardous materials include dangerous goods where they are stored in quantities below placard quantities. The storage of dangerous goods above placard quantities is regulated by the Department of Mines and Petroleum; Phase 1 means construction of five trenches and supporting infrastructure as detailed in the Application for Works Approval Amendment document dated 9 July 2012; Phase 2 means construction of forty two (42) trenches and supporting infrastructure as detailed in the Application for Works Approval document dated 27 March 2012. Premises means the area defined in the Premises Map in Schedule 1 and listed as the Premises address on page 1 of the Works Approval; Schedule 1 means Schedule 1 of this Works Approval unless otherwise stated; Works Approval means this Works Approval numbered W5172/2012/1and issued under the Act; and Environmental Protection Act 1986 Page 2 of 5 Works Approval: W5172/2012/1 Amendment date: Thursday, 4 June 2015 File No: 2012/002153 IRLB_TI0668 v2.8
Works Approval Holder means the person or organisation named as the Works Approval Holder on page 1 of the Works Approval. 1.1.3 Any reference to an Australian or other standard in the Works Approval means the relevant parts of the standard in force from time to time during the term of this Works Approval. 1.1.4 Any reference to a guideline or code of practice in the Works Approval means the current version of the guideline or code of practice in force from time to time, and shall include any amendments or replacements to that guidelines or code of practice made during the term of this Works Approval. 1.2 General conditions 1.2.1 The Works Approval Holder shall construct the works in accordance with the documentation detailed in Table 1.2.1: Table 1.2.1: Construction Requirements 1 Document Parts Date of West Pilbara Iron Ore Project Stage 1 L08/69, L08/68, E08/1431 Putrescible Landfill Application for Works Approval, API Management Pty Ltd Email correspondence - RE: WPIOP Stage 1 landfill_additional information required, Toni Munro, API Mangement Pty Ltd Email correspondence - RE: Stage 1 landfill works approval_for API comment, Toni Munro, API management Pty Ltd West Pilbara Iron Ore Project Stage 1 L08/69, L08/68, E08/1431 Putrescible Landfill Application for Works Approval Amendment, API Management Pty Ltd Application to transfer or amend a licence, works All, including Drawings and Appendices All Document 27 March 2012 1/5/2012, 5:16 PM All 23/5/2012, 3:18 PM All, including 9 July 2012 Drawings and Appendices All 17/04/2015 approval or registration Form P4 - for W5172/2012/1 Note 1: Where the details and commitments of the documents listed in condition 1.2.1 are inconsistent with any other condition of this works approval, the conditions of this works approval shall prevail. 1.2.2 The Works Approval Holder, except where storage is prescribed in section 1.3, shall ensure that environmentally hazardous materials are stored in accordance with the code of practice for the storage and handling of dangerous goods. 1.3 Premises operation There are no specified conditions relating to Premises operation in this section. 2 Emissions There are no specified conditions relating to emissions in this section. 3 Monitoring There are no specified conditions relating to monitoring in this section. 4 Improvements There are no specified conditions relating to improvements in this section. Environmental Protection Act 1986 Page 3 of 5 Works Approval: W5172/2012/1 Amendment date: Thursday, 4 June 2015 File No: 2012/002153 IRLB_TI0668 v2.8
5 Information 5.1 Reporting 5.1.1 The Works Approval Holder shall submit a compliance document to the CEO, following the construction of each of Phase 1 and Phase 2 of the works and prior to commissioning of the same. 5.1.2 The compliance document shall: (a) certify that the works were constructed in accordance with the conditions of the Works Approval; and (b) be signed by a person authorised to represent the Works Approval Holder and contain the printed name and position of that person within the company. Environmental Protection Act 1986 Page 4 of 5 Works Approval: W5172/2012/1 Amendment date: Thursday, 4 June 2015 File No: 2012/002153 IRLB_TI0668 v2.8
Schedule 1: Maps Premises map The Premises is shown in the mapbelow. The broken black line line depicts the Premises boundary. Environmental Protection Act 1986 Page 5 of 5 Works Approval: W5172/2012/1 Amendment date: Thursday, 4 June 2015 File No: 2012/002153 IRLB_TI0668 v2.8
Partial Decision Document Environmental Protection Act 1986, Part V Proponent: API Management Pty Limited Works Approval: W5172/2012/1 Registered office: Level 14, 225 St Georges Terrace PERTH WA 6000 ACN: 112 677 595 Premises address: West Pilbara Iron Ore Project (WPIOP) Stage 1 Putrescible Landfill Mining tenement L08/68 within the coordinates 7548057N, 417188 E; 7547991 N, 417299 E; 7547459 N, 417108 E; and 7547571 N, 416816 E CANE WA 6710 (as depicted in Schedule 1). Issue date: Thursday, 7 June 2012 Commencement date: Monday, 11 June 2012 Expiry date: Saturday, 31 December 2016 Decision Based on the assessment detailed in this document the Department of Environment Regulation (DER), has decided to issue an amended works approval. DER considers that in reaching this decision, it has taken into account all relevant considerations. Decision Document prepared by: Lindy Twycross Licensing Officer Decision Document authorised by: Alana Kidd Manager Licensing Environmental Protection Act 1986 Page 1 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015 File Number: 2012/002153 IRLB_TI0669 v2.6
Contents Partial Decision Document 1 Contents 2 1 Purpose of this Document 2 2 Administrative summary 3 3 Executive summary of proposal and assessment 4 4 Decision table 6 5 Advertisement and consultation table 7 6 Risk Assessment 8 1 Purpose of this Document This decision document explains how DER has assessed and determined the application and provides a record of DER s decision-making process and how relevant factors have been taken into account. Stakeholders should note that this document is limited to DER s assessment and decision making under Part V of the Environmental Protection Act 1986. Other approvals may be required for the proposal, and it is the proponent s responsibility to ensure they have all relevant approvals for their Premises. Works approval and licence conditions DER has three types of conditions that may be imposed on works approvals and licences. They are as follows; Standard conditions (SC) DER has standard conditions that are imposed on all works approvals and licences regardless of the activities undertaken on the Premises and the information provided in the application. These are included as the following conditions on works approvals and licences: Works approval conditions: 1.1.1-1.1.4, 1.2.1, 1.2.2, 5.1.1 and 5.1.2. Licence conditions: 1.1.1-1.1.4, 1.2.1-1.2.4, 5.1.1-5.1.4 and 5.2.1. For such conditions, justification within the Decision Document is not provided. Optional standard conditions (OSC) In the interests of regulatory consistency DER has a set of optional standard conditions that can be imposed on works approvals and licences. DER will include optional standard conditions as necessary, and are likely to constitute the majority of conditions in any licence. The inclusion of any optional standard conditions is justified in Section 4 of this document. Non standard conditions (NSC) Where the proposed activities require conditions outside the standard conditions suite DER will impose one or more non-standard conditions. These include both premises and sector specific conditions, and are likely to occur within few licences. Where used, justification for the application of these conditions will be included in Section 4. Environmental Protection Act 1986 Page 2 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015 File Number: 2012/002153 IRLB_TI0669 v2.6
2 Administrative summary Administrative details Works Approval Application type New Licence Licence amendment Works Approval amendment Activities that cause the premises to become Assessed design Category number(s) prescribed premises capacity 780 tonnes per annual 89 period Application verified Application fee paid Date: N/A Date: N/A Works Approval has been complied with Yes No N/A Compliance Certificate received Yes No N/A Commercial-in-confidence claim Yes No Commercial-in-confidence claim outcome Is the proposal a Major Resource Project? Yes No Was the proposal referred to the Environmental Protection Authority (EPA) under Part IV of the Environmental Protection Act 1986? Yes No Is the proposal subject to Ministerial Conditions? Yes No Referral decision No: Managed under Part V Assessed under Part IV Ministerial statement No: 881 EPA Report No: 1409 Does the proposal involve a discharge of waste into a designated area (as defined in section 57 of the Environmental Protection Act 1986)? Yes No Department of Water consulted Yes No Is the Premises within an Environmental Protection Policy (EPP) Area Yes No If Yes include details of which EPP(s) here. Is the Premises subject to any EPP requirements? Yes No If Yes, include details here, eg Site is subject to SO 2 requirements of Kwinana EPP. Environmental Protection Act 1986 Page 3 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015 File Number: 2012/002153 IRLB_TI0669 v2.6
3 Executive summary of proposal and assessment API Management Pty Limited (API) is developing the West Pilbara Iron Ore Project (WPIOP) Stage 1, a mining and export project based on the development of a number of iron ore resources located south of Pannawonica. API proposes to construct a putrescible landfill to service the WPIOP Stage 1 accommodation, including the mine village. The proposed landfill is located on Tenement L08/68, underlaid by Red Hill Pastoral Station, approximately 36 km northeast of the Nanutarra-Munjina Road and 70 km east of the North West Coastal Highway. The landfill is surrounded by mining tenure and mining tenements. There are no sensitive land uses within 5 km of the site. The nearest sensitive premises is the Red Hill Homestead, located approximately 25 km northwest of the premises. The predominant land use in the area is pastoral grazing and mineral exploration. The Cane River is approximately 1 km south of the proposed landfill and the landfill is located in the Cane River catchment. There are no permanent surface water features on the site and engineering design has focused on diversion of surface flows around the landfill area. Rainfall and surface water flows are highly variable during the year and between years. The landfill will accept up to 780 tonnes per year of putrescible and inert wastes. It will comprise of 47 trenches measuring 30 m long, 3-5 m deep and 5 m wide. The distance between each trench will be approximately 10 m. Trenches will be opened when and if required over the life of the Project. The landfill is designed and will be operated in accordance with the Environmental Protection (Rural Landfill) Regulations 2002. The landfill will not be lined as it is not located near to a sensitive water resource and is underlain by a thick clay deposit. The depth to the water table is estimated at between approximately 13 and 25 metres below ground level (mbgl). Groundwater monitoring bores will be installed both up and down hydraulic gradient of the landfill. API have committed to monitoring groundwater quality during operations. The landfill will be constructed in two Phases (Table 1). Phase 1 involves constructing five trenches in a fenced enclosure. To prevent stormwater ingress during Phase 1 operations, excavated material will be placed in windrows up-gradient of the open trenches. It is expected that the Phase 1 landfill facility will be operating whilst the Phase 2 landfill facility is being constructed. The Phase 2 landfill will be fully fenced with a lockable gate and surrounded by an earthen bund to prevent stormwater inflow. Table 1. Proposed Phases Design factor Phase 1 Phase 2 Approximate capacity 32 tonnes per year 780 tonnes per year Approximate life 2 years 17 years (cumulative) Trenches 5 47 (cumulative) Footprint 0.35 hectares 7.00 hectares (cumulative) To allow for the simultaneous operation of Phase 1 trenches and construction of the remaining Phase 2 trenches, API will be required to submit a partial compliance document upon completion of the construction of Phase 1. API will then need a licence to operate the Phase 1 landfill whilst they continue to construct the remainder of Phase 2. Following completion of Phase 2, a final compliance document will need to be submitted to DEC prior to a licence amendment that allows for the operation of Phase 2. Environmental Protection Act 1986 Page 4 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015 File Number: 2012/002153 IRLB_TI0669 v2.6
API submitted an application to amend the Works Approval to extend the date of expiry to December 2016 because the works approval will soon expire, the works have not yet commenced, and to align the Works Approval with the installation of the Mine Accommodation Facility under Works Approval W5064/2011/1. There are no changes to the proposed works. Therefore the Works Approval has not been reassessed. The emissions and discharges have previously been assessed to be of low significance if the landfill is constructed in accordance with the works approval supporting documentation. The expiry date has been amended as requested to extend the date of expiry from 10 June 2015 to 31 December 2016, and the Works Approval has been converted to the updated format. Environmental Protection Act 1986 Page 5 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015 File Number: 2012/002153 IRLB_TI0669 v2.6
4 Decision table All applications are assessed in line with the Environmental Protection Act 1986, the Environmental Protection Regulations 1987 and DER s Operational Procedure on Assessing Emissions and Discharges from Prescribed Premises. Where other references have been used in making the decision they are detailed in the decision document. DECISION TABLE Works Approval / Licence section General conditions Licence Duration Condition number W = Works Approval L= Licence OSC or NSC Justification (including risk description & decision methodology where relevant) W1.2.2 N/A W1.2.2 is a standard condition that requires environmentally hazardous materials to be stored in accordance with the code of practice for the storage and handling of dangerous goods. N/A N/A Work has not yet commenced due to change in owners of API Management Pty Limited in 2014. The proposed extended expiry date will align the Works Approval with the installation of the Mine Accommodation Facility under W5064/2011/1. The Works Approval expiry date will be extended from 10 June 2015 to 31 December 2016. Reference documents N/A Email correspondence Re - Further information required Amendment of W5172/2012/1 sent 19 May 2015 7:04 Environmental Protection Act 1986 Page 6 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015 File Number: 2012/002153 IRLB_TI0669 v2.6
5 Advertisement and consultation table Date Event Comments received/notes How comments were taken into consideration 2/06/2015 Proponent sent a copy of draft instrument Noted that application documents referred to in the works approval are authored by API Management Pty Ltd, not API Pty Ltd. Corrected Environmental Protection Act 1986 Page 7 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015 File Number: 2012/002153 IRLB_TI0669 v2.6
6 Risk Assessment Note: This matrix is taken from the DER Corporate Policy Statement No. 07 - Operational Risk Management Table 1: Emissions Risk Matrix Environmental Protection Act 1986 Decision Document: W5172/2012/1 File Number: 2012/002153 Amendment date: Thursday, 6 June 2015 Page 8 of 8 IRLB TI0669 v2.6