Compliance audits completed in 2018

In May 2018, an independent compliance audit was completed of Holcim (Australia) Pty Ltd EPBC Approval 2001/329 - Donnybrook Sand Extraction Operation, Project, OLD.

The EPBC Act project was approved in February 2005 by the (then) Department of the Environment and Heritage with 16 conditions. These conditions related to construction of a bund and groundwater and surface monitoring requirements at the proposed sand extraction operation. The EPBC Act approval remains valid until 24 December 2044.

The compliance audit examined a total of 34 criteria from the 16 conditions applied under the EPBC Act approval. The compliance audit found that:

• 17 of the 34 criteria examined were compliant;
• 17 of the criteria were not applicable at the time of the compliance audit as the quarry is no longer operational; and
• No criteria were found to be non-compliant.

The conditions that were not applicable at the time of the compliance audit related to construction in stage two of the sand extraction operation, the requirement for an advisory panel and the administrative conditions relating to potential amendments of management plans required under the EPBC Act approval.

The Department of the Environment and Energy thanks the approval holder for their assistance in completing the audit.

In October 2017 the Department of the Environment and Energy undertook a compliance audit of the EPBC Approval 2013/6881 – Springvale Coal Mine, Project, NSW.

The project was approved with 26 conditions in October 2015. The Department approved three variations to the original EPBC approval in April, June and July 2016. The variations related to the longwall mining activities under Centennial Coal’s EPBC approval. The EPBC approval is valid until October 2035.

The audit of approval EPBC 2013/6881 found that demonstrated:

• Compliance with seven (7) of the eight (8) conditions; and
• One (1) condition that was not applicable at the time of the compliance audit.

The Department of the Environment and Energy thanks the approval holder for their assistance in completing the audit.

In May 2018 the Department of the Environment and Energy undertook a compliance audit of the EPBC Approval 2014/7346 – Safety Works along Bells Line of Road between Mount Tomah and Kurrajong Heights, New South Wales, project.

The project was approved with 12 conditions in November 2015 and includes requirements to not clear more than 2.67 hectares of Turpentine-Ironbark Forest in the Sydney Basin Bioregion. The EPBC approval is valid until 31 December 2021.

The audit of approval EPBC 2014/7346 found that demonstrated:

• Compliance with eight of the 12 conditions;
• Two conditions not applicable at the time of the compliance audit; and
• Non-compliance was identified with Conditions 3 and 9 relating to not securing the offset site within 24 months from the date of the EPBC Act approval and not publishing annual compliance reports on the New South Wales Roads and Maritime Services website.

The Department of the Environment and Energy thanks New South Wales Roads and Maritime Services for their assistance in completing the audit.

Condition 1 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) approval states that Goulburn-Murray Water must develop a Water Change Management Framework. The Framework must assess, manage and mitigate the effects of the implementation of the project on aquatic and riparian ecological values within the project area.

Condition 7 of the approval states that Water Change Management Framework must be the subject of an annual independent audit.

On 26 March 2018, as required under condition 7 of the EPBC Act approval, Goulburn-Murray Water submitted their 2018 Independent audit of the Water Change Management Framework.

The independent audit has addressed the criteria to the satisfaction of the Delegate of the Minister for the Environment and Energy.

The independent audit of the Water Change Management Framework found no instances of non-compliance with the requirements for monitoring and reporting changes in the hydrological and ecological conditions in relevant waterways or wetlands associated with the project’s operation.

Three areas for improvement were identified. These areas for improvement are low risk and represent no threat to aquatic and riparian ecological values or Matters on National Environmental Significance.

Goulburn-Murray Water must implement any recommendations or areas for improvement prior to the commencement of the following irrigation season. The 2019 independent audit will follow-up on these areas for improvement.

In August 2018, an independent compliance audit was completed of Stockland Development Pty Ltd EPBC Approval 2011/5987 – Caloundra South Master Planned Community Project, QLD.

The EPBC Act project was approved on 6 June 2013 by the (then) Minister for Sustainability, Environment, Water, Population and Communities with 19 conditions. These conditions relate to the construction of a master planned community and include requirements to develop an Environmental Management Plan, establish environment protection zones and buffer zones, as well as the development of specific precinct Construction Environment Management Plans. The EPBC Act approval remains valid until 30 June 2048.

The independent compliance audit examined a total of 21 criteria from the 19 conditions applied under the EPBC Act approval. The compliance audit found that:

• 17 of the 21 criteria examined were compliant;
• Four of the criteria were not applicable at the time of the audit; and
• No criteria were found to be non-compliant.

The conditions that were not applicable at the time of the audit related to administrative conditions relating to commencement of the action and amendment of management plans required under the EPBC Act approval.

The Department of the Environment and Energy thanks the approval holder for their assistance in completing the audit.

In August 2018, an independent compliance audit was completed of Tasmanian Irrigation Pty Ltd EPBC Approval 2002/565 - Construction and operation of the Meander Dam in the Meander Valley, Tasmania.

The EPBC Act project was approved on 18 September 2003 by the (then) Minister for Environment and Heritage with 10 conditions. A variation to conditions was approved on 22 April 2004 which revoked Conditions 1 to 4 and a subsequent variation was approved on 8 November 2006 which added Condition 7. These conditions relate to the construction and operation of the Meander Dam in the Meander Valley, Tasmania and include requirements for Management Plans and implementation of shrubby Swamp Gum (Eucalyptus ovata) forest offset and complementary planting measures. The EPBC Act approval remains valid until 1 September 2103.

The independent compliance audit examined a total of 21 criteria from the seven conditions and demonstrated that Tasmanian Irrigation Pty Ltd were compliant with majority of the requirements applied under the EPBC Act approval. The independent audit found that:

• Tasmanian Irrigation Pty Ltd were compliant with 14 of the 21 criteria examined;
• Conditions 3 and 7 were undetermined at the time of the audit; and
• Non-compliance was identified with Condition 1 relating to Spotted-tailed Quoll (STQ) surveys required under Section 10 of the STQ Management Plan.

The conditions found to be 'undetermined' at the time of the independent audit related to administrative conditions including records of previous independent audits and offset information required to be provided to the Department as required under the EPBC Act approval.

The Department of the Environment and Energy thanks the Tasmanian Irrigation Pty Ltd for their assistance in completing the audit.

In November 2018, an independent compliance audit was completed of the 2017 Wyralong Dam Estuarine Ecology Management Plan. The Estuarine Ecology Management Plan (EEMP) is a requirement under Condition 2a (vi) of the Environment Protection and Biodiversity Conservation (EPBC) Act approval 2006/3157.

On 24 November 2008 the (then) Minister for the Environment, Heritage and the Arts approved the Wyaralong Dam, Teviot Brook Project under the EPBC Act. The project was approved with six conditions having effect until 31 December 2058.

The independent compliance audit examined all the requirements under the EEMP. The independent audit found that Seqwater was compliant with the majority of the requirements under the EEMP. However, one instance of minor non-compliance was identified. The noncompliance related to the methods outlined in the EEMP not providing a suitable assessment of the impact of the flows resulting from the project.

The non-compliance was addressed through the Department's approval on 25 September 2018 of an Ecology Management Plan (to replace the EMMP) that allowed more targeted monitoring arrangements for Wyralong Dam.The Department is satisfied that Seqwater have adequately addressed the non-compliance identified in the 2017 independent audit.

In December 2018, a compliance audit was completed of the EPBC Act approval relating to the changes in land use at the Western Treatment Plant in Werribee, Victoria. The abovementioned compliance audit is required under Condition 6 of the Environment Protection and Biodiversity Conservation (EPBC) Act approval 2008/4221.

The compliance audit found that Melbourne Water were compliant with all the conditions and requirements of the EPBC 2008/4221 approval. Melbourne Water were also found to be effective in implementing mitigation measures to maintain the ecological character of Port Phillip and the Bellarine Peninsula Ramsar Wetland.

Following the compliance audit, Melbourne Water are required under Condition 4 of the EPBC Act approval to update the Strategic Plan to minimise impacts on the Straw-necked Ibis and the Port Phillip and Bellarine Peninsula Ramsar Wetland. Melbourne Water submitted an updated Strategic Plan at the same time as the compliance audit.

The Department has reviewed the 2018 compliance audit and found that it satisfies the requirements of Condition 6 of the EPBC 2008/4221 approval.

The Department of the Environment and Energy thanks Melbourne Water for their assistance and cooperation in completing the compliance audit.

In December 2018, a compliance audit was completed of the EPBC Act approval relating Vance Lease Sand Mine Project, Queensland. The abovementioned compliance audit is required under Condition 9 of the Environment Protection and Biodiversity Conservation (EPBC) Act approval 2007/3464.

The EPBC Act approval contained 11 conditions of approval. For the purpose of the compliance audit, these conditions were broken down into 25 sub-criteria.

The compliance audit found that Unimin Australia Limited were compliant with the majority of sub-criteria examined during the compliance audit. The compliance audit found that the Unimin Australia demonstrated:

• Compliance with 20 sub-criteria;
• A finding of Undetermined for 2 sub-criteria; and
• A finding of Not Applicable for 3 sub-criteria.

The undetermined findings relate to the frequency of the environmental consultative committee meeting requirements and the presentation of the annual environmental reports at the abovementioned committee.

Officers from the Department of the Environment and Energy have reviewed the compliance audit and found that it satisfies the requirements of Condition 9 of the EPBC Act approval.

The Department of the Environment and Energy thanks Unimin Australia Limited for their assistance and cooperation in completing the compliance audit.

In April 2019, an independent compliance audit was completed of Koolan Iron are Pty Ltd EPBC Act Approval 2006/2522 - Koolen Island Iron are Mine and Port Facility, Kimberley Region, WA.

The EPBC Act project was approved on 24 November 2006 by the (then) Minister for Environment and Heritage with seven conditions. In November 2012, Conditions 1 and 2 were revised and Conditions 8, 9 and 10 were added. These conditions relate to reopening and expanding previously mined iron ore boddies on Koolan Island in the Kimberley region of Western Australia and includes requirements to implement the Koolan Island Iron Ore Mine and Port Facility Project Northern Quoll Management Plan 2011 and the Quarantine Management Plan. The EPBC Act approval remains valid until 31 December 2030.

The independent compliance audit examined a total of 16 criteria from the 10 conditions applied under the EPBC Act approval. The compliance audit found that:

• 15 of the 16 criteria examined were compliant;
• One of the criteria were not applicable at the time of the audit; and
• No criteria were found to be non-compliant.

The condition found to be 'not applicable' at the time of the independent audit related to specified revisions upon request of the Minister to a plan, program or measure required under the EPBC Act approval.

The Department of the Environment and Energy thanks the approval holder for their assistance in completing the audit.

In December 2018, a compliance audit was completed of the EPBC Act approval relating to Honeywood Estate, Wandi, Western Australia. The compliance audit was undertaken by an auditor from the Department of the Environment and Energy and enabled under condition 12 of the Environment Protection and Biodiversity Conservation (EPBC) Act approval 2010/5476.

The EPBC Act approval contained 12 conditions of approval. For the purpose of the compliance audit, these conditions were broken down into 33 sub-criteria.

The compliance audit found that Satterley Property Group (Satterley) were compliant with the majority of sub-criteria examined during the compliance audit. The compliance audit found that Satterley demonstrated:

• Compliance with 24 sub-criteria; and
• A finding of Not Applicable at the time of the compliance audit for 9 sub-criteria.

Those conditions found to be not applicable at the time of the compliance audit related to mitigation requirements if the offset was not secured in the required timeframe an did not meet the offset requirements, notification of the completion of Black Cockatoo habitat clearing and the administrative conditions relating to not commencing construction with five years, as well as the direction from the Minister to undertake an independent audit.

The Department of the Environment and Energy thanks Satterley and their environmental consultants for their assistance and cooperation in completing the compliance audit.