SPCE05212613 Permit

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Notice
Concurrence Agency Response

 

Concurrence jurisdiction

The concurrence agency response for the concurrence agency referral jurisdiction for the aspect of
development involved with the application the subject of this Notice is to tell the assessment
manager as follows:

a. Conditions must attach to any development approval, and those conditions are attached to
this notice as:

i) Attachment 01 - SPCE05212613

General advice to assessment manager

Pursuant to section 334 and section 363 of the Sustainable Planning Act 2009, a copy of a decision
notice or negotiated decision notice issued by the assessment manager must be forwarded to the
referral agency for the relevant application. Please send a copy of the relevant notice to the
Department of Environment and Heritage Protection PO Box 362 MAROOCHYDORE QLD 4558
and an electronic copy to [email protected] state’s Native Title Work Procedures provide that responsibility for assessment of native title
issues for an IDAS application rests with the assessment manager.

ESS

Delegate Enquiries
Ben Sale Joe Winzenberg
Delegate, Chief Executive administering the Environmental Department of Environment and Heritage
Protection Act 1994 Protection
Department of Environment and Heritage Protection PO Box 362
24 March 2013 MAROOCHYDORE QLD 4558

(\ 8

Phone: 07 5459 6132
Fax: 07 5459 6190
Email: [email protected]

Attachment(s)
Attachment 01 — SPCE05212613

 

 

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Sustainable Planning Act 2009

EHP Permit * number: SPCE05212613

 

 

Assessment manager reference: MCU12/0216

Date application received: 06 February 2013

Permit type: Concurrence agency response

Date of decision: 21 March 2013

Decision: For a concurrence agency response

conditions that must attach to any development approval

Relevant laws and policies: Environmental Protection Act 1994 and any related statutory
instruments and subordinate legislation

 

Jurisdiction(s): Sustainable Planning Regulation 2009 - Schedule 7, table 2, item 1

 

Development Description(s)

 

 

 

Property/Location Development
271 Lake MacDonald Drive | Lots 2 &3o0n Plan | ERA 16 Extractive and screening activities - Threshold
& 300 Kennedy Road, SP 108094 (2c) extraction, other than by dredging, in a year,
LAKE MACDONALD QLD 100,000t to 1,000,000t of material
4563 ERA 16 Extractive and screening activities - Threshold
16(3b) screening, in a year, 100,000t to 1,000,000t of
material

 

 

 

 

Additional comments or advice about the application

This approval does not remove the need to obtain any further approval for this development, which may be
required pursuant to this or other legislation, both State and Commonwealth. Applicants are advised to check
with all relevant statutory authorities for such approvals as may be required.

General Environmental Duty

Under the Environmental Protection Act 1994, a person must not undertake an activity that causes, or may
cause, environmental harm (including environmental nuisance) unless the person takes all reasonable and
practicable measures to reduce or minimise the harm. This obligation is referred to as the General
Environmental Duty (GED). The GED applies irrespective of any condition of this approval.

Duty to notify environmental harm

Section 320A of the Environmental Protection Act 1994 requires a person to notify the administering authority if
the person becomes aware that an activity (whether by act or omission) has caused, or threatened, unlawful
material or serious environmental harm. It is an offence to fail to notify in accordance with this section, and the
duty extends to all persons (including employers and employees).

1 Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
administered by the Department of Environment and Heritage Protection.

 

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Department of Environment and Heritage Protection
www.ehp.qid.gov.au ABN 46 640 294 485

Queensland
Government

 

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EHP Permit number: SPCE05212613

 

Reason(s) for inclusion of development conditions

In accordance with section 289 of the Sustainable Planning Act 2009, the reason(s) for inclusion of conditions
stated in this permit required by the concurrence agency response for the application are as follows:

1) The Department of Environment and Heritage Protection is a concurrence agency under the Sustainable
Planning Regulation 2009 for the purposes of the Environmental Protection Act 1994.

2) The conditions are included pursuant to section 73B of the Environmental Protection Act 1994.

Contaminated Land

Itis a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes aware
a Notifiable Activity (as defined by Schedule 3 and Schedule 4 of the Environmental Protection Act 1994) is
being carried out on the land or that the land has been affected by a hazardous contaminant, they must, within
22 business days after becoming so aware, give written notice to the Department of Environment and Heritage
Protection (EHP).

Environmentally Relevant Activities

The aforementioned description of any environmentally relevant activity (ERA) for which this permit is issued is
simply a restatement of the ERA as prescribed in the legislation at the time of issuing this permit. Where there
is any conflict between the abovementioned description of the ERA for which this permit is issued and the
conditions specified herein as to the scale, intensity or manner of carrying out of the ERA, then such conditions
prevail to the extent of the inconsistency.

This permit authorises the ERA. It does not authorise environmental harm unless a condition within this permit
explicitly authorises that harm. Where there is no such condition, or the permit is silent on a matter, the lack of
acondition or silence shall not be construed as authorising harm.

In addition to this permit, for a person to carry out this ERA they must be a registered operator under the
Environmental Protection Act 1994. For the person to become a registered operator, they must apply for a
registration certificate under section 73F of the Environmental Protection Act 1994.

Delegate
Ben Sale
Delegate, Chief Executive administering the Environmental Protection Act 1994
Department of Environment and Heritage Protection
AtMarch 2013

Ny

 

Department of Environment and Heritage Protection

 

 

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EHP Permit number: SPCE05212613

 

CONDITIONS

Schedule A - General

Al In carrying out an ERA to which this approval relates, all reasonable and practicable measures must be
taken to prevent and/or to minimise the likelihood of environmental harm being caused.

A2 The registered operator of an ERA to which this approval relates must:

a) install all measures, plant and equipment necessary to ensure compliance with the conditions of this
approval; and

b) maintain such measures, plant and equipment in a proper and efficient condition; and

c) operate such measures, plant and equipment in a proper and efficient manner.

Limitations of permit

A3 Extractive activities are only permitted to be conducted generally in accordance with extraction areas
shaded grey in Attachment One. The total extent of extraction areas must not exceed 9 hectares.

Blasting

A4 No blasting is permitted under this approval.

Site Based Management Plan
AS From commencement of an ERA to which this approval relates, a site based management plan (SBMP)
must be implemented.

AG The SBMP must identify all sources of environmental harm, including but not limited to the actual and
potential release of all contaminants, the potential impact of these sources and what actions will be
taken to prevent the likelihood of environmental harm being caused.

A7 The SBMP must also provide for the review and ‘continual improvement in the overall! environmental
performance of all ERAs that are carried out.

A8 The SBMP must address the following matters:

)) Environmental commitments - a commitment by senior management to achieve specified and
relevant environmental goals.

(b) Identification of environmental issues and potential impacts.

(c) Control measures for routine operations to minimise likelihood of environmental harm.

(d) Contingency plans and emergency procedures for non-routine situations, including flood
events.

(e) Organisational structure and responsibility.

(f) Effective communication.

(g) Monitoring of contaminant releases.

(h) Conducting environmental impact assessments.

(i) Staff training and awareness of environmental issues related to the operation of the

environmentally relevant activities.
(i) Record keeping.
(k) Periodic review of environmental performance and continual improvement.

AQ The site based management plan must not be implemented or amended in a way that contravenes any
condition of this approval.
Equipment Calibration

A10 — Allinstruments, equipment and measuring devices used for measuring or monitoring in accordance with
any condition of this approval must be calibrated, and appropriately operated and maintained.

Monitoring
Ali1 A suitably qualified and competent person(s) with appropriate training must conduct and report on any

monitoring required by this approval.

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EHP Permit number: SPCE05212613

 

Records
A12 Record, compile and keep all monitoring results required by this approval and present this information
to the administering authority when requested.

A13 All records required by this approval must be kept for a minimum of 5 years.

Notification

A14 Telephone the administering authority's Pollution Hotline (1300 130 372) as soon as practicable after
becoming aware of any release of contaminants not in accordance with the conditions of this approval.

Spill Kit

A15 An appropriate spill kit, personal protective equipment and relevant operator instructions/emergency
procedure guides for the management of wastes and chemicals associated with the ERA must be kept
at the site.

A16 Anyone operating under this approval must be trained in the use of the spill kit.

Schedule B - Air
Nuisance

Bi The release of noxious or offensive odours or any other noxious or offensive airborne contaminants
resulting from the activity must not cause a nuisance at any nuisance sensitive place.

Dust Nuisance

B2 The release of dust and/or particulate matter resulting from the ERA must not cause an environmental
nuisance at any nuisance sensitive place.

B3 Dust suppression measures must be implemented and maintained on site to prevent the movement of
dust, created as a result of the activity, past the site boundaries.

B4 When requested by the administering authority, dust and particulate monitoring must be undertaken to
investigate any complaint of environmental! nuisance caused by dust and/or particulate matter, and the
results notified within 14 days to the administering authority following completion of monitoring.
Monitoring must be carried out at a place(s) relevant to the potentially affected dust sensitive place and
at upwind control sites and must include:

a) for a complaint alleging dust nuisance, dust deposition; and

b) for a complaint alleging adverse health effects caused by dust, the concentration per cubic
metre of particulate matter with an aerodynamic diameter of less than 10 micrometre (um)
(PM10) suspended in the atmosphere over a 24hr averaging time.

a

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EHP Permit number: SPCE05212613

 

Schedule C - Land

Land Rehabilitation

c1

c2

C3

The site (including all disturbed areas such as slopes, borrow pits, stockpile and screening areas) must
be rehabilitated in a manner such that:

(a) suitable species of vegetation (native species where practicable) are planted and established or
such that the land is returned to a use suitable for the area;

(b) weed species of vegetation are removed;

(c) potential for erosion of the site is minimised;

(d) the quality of stormwater, other water and seepage released from the site is such that releases
of contaminants such as suspended solids, turbidity, total dissolved salts, pH, total iron, total
aluminium, and total manganese are not likely to cause environmental harm;

(e) the likelihood of environmental nuisance being caused by release of dust is minimised;

(f) the water quality of any residual water body meets relevant criteria for subsequent uses and
does not have potential to cause environmental harm;

(g) the final landform is stable and not subject to slumping; and

(h) any actual and potential acid sulfate soils in or on the site are either not disturbed, or are
submerged or treated, so as to not be likely to cause environmental harm.

Rehabilitation of disturbed areas must take place progressively as works are staged and new areas of
extraction are commenced.

Rehabilitation works must take place as soon as practicable after extraction works are completed.

Preventing Contaminant Release to Land

C4

C5

C6

C7

C8

cg

C10

 

Contaminants other than settled / treated stormwater from the stormwater collection system must not be
released to land.

Refuelling, washing, degreasing, servicing, cleaning or other maintenance of vehicles, equipment or
plant must be carried out in designated areas where contaminants cannot be released to any waters,
roadside gutter or stormwater drainage system.

Spillage of all chemicals and fuels must be contained within an on-site containment system and
controlled in a manner that prevents environmental harm.

All petroleum product storage must be designed, constructed and maintained in accordance with AS
1940 - Storage and Handling of Flammable and Combustible Liquids.

Any spillage of wastes, contaminants or other materials must be cleaned up as quickly as practicable.
Such spillages must not be cleaned up by hosing, sweeping or otherwise releasing such wastes,
contaminants or material to any stormwater drainage system, roadside gutter or waters.

The base and walls of all hydrocarbon and chemical storage bunds must be maintained free from gaps
or cracks.

All hydrocarbon and chemical storage bunds must be roofed where practicable. Where it is impractical

to completely roof a bunded area, the registered operator must ensure that any stormwater captured
within the bund is free from contaminants or wastes prior to any release.

Y

 

 

 

 

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EHP Permit number: SPCE05212613

 

Schedule D - Noise

D1

D2

D3

Noise from the ERA must not cause an environmental nuisance at any nuisance sensitive place.

When requested by the administering authority, noise monitoring must be undertaken to investigate any
complaint of noise nuisance and the results are to be provided within 14 days to the administering
authority.

The method of measurement and reporting of noise levels must comply with the latest edition of the
Queensland Government Noise Measurement Manual.

Schedule E - Water

 

 

 

 

E1 Erosion protection measures and sediment control measures must be implemented and maintained to
minimise erosion and the release of sediment.

E2 Suitable diversion drains and/or contour banks must be designed, installed and maintained to minimise
the potential for stormwater runoff to enter areas disturbed by the activities.

E3 Sediment basin(s) must be installed and maintained to collect and treat stormwater runoff from all
disturbed areas of the approved place and areas in which any earthen material is stored.

E4 Any sediment basin(s) must be designed, constructed and maintained to contain the run-off expected
from a 24 hour storm event with an average recurrence interval of 1 in 10 years.

E5 Any sediment basin(s) must be operated in such a manner that within 5 days of the most recent rainfall
event, the required design capacity of the storage volume is available for capture and storage of
stormwater runoff from the next rainfall event.

E6 Contaminants other than settled or treated stormwater from the stormwater collection system must not
be released to any waters (including the bed or banks of any waters).

E7 Notwithstanding condition E6, settled or treated stormwater released must not have any properties nor
contain any organisms or contaminants in concentrations that are capable of causing environmental
harm.

E8 There must be no controlled discharge of contaminated site waters to any waters, roadside gutter or
stormwater drain other than in compliance with Table 1 — Water Quality Release Criteria.

E9 Extraction activities must be conducted in a manner that avoids disturbance of groundwater.

Table 1 — Water Quality Release Criteria

Quality Release Limit Monitoring Frequency

Characteristics

pH 6.5 -8.0 Prior to and daily during

discharge’
Total Suspended 50 mg/L Prior to and daily during
Solids discharge’

 

 

 

 

: Discharge waters are to be monitored within sediment basin(s) at the point of discharge.

 

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Department of Environment and Heritage Protection

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EHP Permit number: SPCE05212613

 

Schedule F - Waste

Fi

F2

F3

Procedures must be implemented to ensure that wastes are minimised, recycled, stored, handled and
transferred in a proper and efficient manner and that any disposal of waste (except any release of waste
provided for by a condition of this development approval) is to a facility authorised to accept such waste.

All regulated waste must be removed from the site by a person who holds a current approval to
transport such waste under the provisions of the Environmental Protection Act 1994 and must be sent
to a facility licensed to accept such waste.

A record of all regulated waste must be kept detailing the following information:

a) date of pickup of waste;
b) description of waste;

c) quantity of waste;

d) origin of the waste; and

e) destination of the waste.

NOTE: Trackable wastes as listed in Schedule 1 of the Environmental Protection (Waste Management) Regulation 2000 are not
covered by this condition. Trackable wastes have similar recording requirements to this condition in accordance with a waste
tracking system established under the above Regulation.

Schedule G - Social

G1

All complaints must be recorded including the following details and be provided to the administering
authority on request:

a) Time, date, name and contact details of the complainant;
b) reasons for the complaint;

c) any investigations undertaken,

d) conclusions formed; and

e) any actions taken.

&

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EHP Permit number: SPCE05212613

 

DEFINITIONS

Words and phrases used throughout this permit’ are defined below. Where a definition for a term used in this
permit’ is sought and the term is not defined within this permit! the definitions provided in the relevant legislation
shall be used.

“administering authority” means the Department of Environment and Heritage Protection or its successor.

“approval” means 'notice of development application decision’ or ‘notice of concurrence agency response’
under the Sustainable Planning Act 2009.

"commercial place" means a place used as an office or for business or commercial purposes.

"dwelling" means any of the following structures or vehicles that is principally used as a residence —
* ahouse, unit, motel, nursing home or other building or part of a building;
" acaravan, mobile home or other vehicle or structure on land;
= a water craft in a marina.

"Department of Environment and Heritage Protection" means the department or agency (whatever called)
administering the Coastal Protection and Management Act 1995 or the Environmental Protection Act 1994.

"land" in the "land schedule" of this document means land excluding waters and the atmosphere.
“noxious” means harmful or injurious to health or physical wellbeing.

"nuisance sensitive place” includes —
" a dwelling, residential allotment, mobile home or caravan park, residential marina or other residential
premises; or
a motel, hotel or hostel; or
a kindergarten, school, university or other educational institution; or
a medical centre or hospital; or
a protected area under the Nature Conservation Act 1992, the Marine Parks Act 1992 or a World
Heritage Area; or
a public park or gardens; or
= aplace used as a workplace, an office or for business or commercial purposes and includes a place
within the curtilage of such a place reasonably used by persons at that place.

“offensive” means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or
repulsive.

“registered operator” means the holder of a registration certificate for the activity to which this Development
Approval relates, issued under Section 73F of the Environmental Protection Act 1994 and in force.

"regulated waste” means non-domestic waste mentioned in Schedule 7 of the Environmental Protection
Regulation 2008 (whether or not it has been treated or immobilised), and includes -

= for an element - any chemical compound containing the element, and

= anything that has contained the waste.

“site” means land or tidal waters on or in which it is proposed to carry out the development approved under this
development approval.

"watercourse" means a river, creek or stream in which water flows permanently or intermittently-
«ina natural channel, whether artificially improved or not; or
= in an artificial channel that has changed the course of the watercourse.

"waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the
sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-
thereof.

"works" or “operation” means the development approved under this development approval.

_ %

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