Compliance audits completed in 2019

In May 2019, an independent compliance audit of the EPBC Act approval 2010/5642 – Amrun Project, including two Sea Dumping Permits (SD2010/1762 and SD2017/3722), was undertaken. The compliance audit is required under Condition 69 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) approval 2010/5642.

The EPBC Act approval contained 76 conditions of approval. For the purpose of the compliance audit, these conditions were broken down into 202 sub-criteria.

The compliance audit found that RTA Weipa Pty Ltd was compliant with 154 sub-criteria, and non-compliant with one sub-criteria. For 47 of the sub-criteria, the audit found they were not applicable at the time of audit.

The one non-compliance related to the submission date of the 2016 annual report to the International Maritime Organisation, as required by SD2010-1762. The condition required the report to be provided by 31 January 2017, however it was not submitted until 24 February 2017. The Department was notified of the non-compliance on 24 February 2017 and took no further action.

Officers from the Department of the Environment and Energy have reviewed the compliance audit report and found that it satisfies the requirements of Condition 69 of the EPBC Act approval.

The Department of the Environment and Energy thanks RTA Weipa Pty Ltd or their assistance and cooperation in completing the compliance audit.

In June 2019, a compliance audit of the EPBC Act approval 2002/773 - Bulga Underground Coal Mine Extension, New South Wales, was undertaken. The compliance audit is required under Condition 2 of the Environment Protection and Biodiversity Conservation (EPBC) Act approval 2002/773.

The EPBC Act approval contained five conditions of approval. For the purpose of the compliance audit, these conditions were broken down into 106 sub-criteria.

The compliance audit found that Bulga Coal Management Pty Ltd was compliant with 82 sub-criteria, and non-compliant with one sub-criteria. For 23 of the sub-criteria, the audit found they were not applicable at the time of audit.

The one non-compliance resulted from inadequate daily monitoring of surface subsidence near steep slopes in a specified location. Pre-mining, weekly and monthly monitoring in this area did occur. The Department noted the non-compliance and chose to take no further action.

Officers from the Department of the Environment and Energy have reviewed the compliance audit and found that it satisfies the requirements of Condition 2 of the EPBC Act approval.

The Department of the Environment and Energy thanks Bulga Coal Management Pty Ltd for their assistance and cooperation in completing the compliance audit.

During June and July 2019, a compliance audit was completed the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) 2011/6229 approval, relating to the SIMTA Moorebank Intermodal Terminal Facility Project, New South Wales. The compliance audit was directed by the Minister for the Environment under Condition 13 of the EPBC 2011/6229 approval.

The EPBC 2011/6229 approval contains 17 conditions.  For the purpose of the compliance audit, these conditions were segregated into 72 sub-criteria.

The compliance audit found that SIMTA was compliant with the majority of sub-criteria examined during the compliance audit. The compliance audit found that the SIMTA demonstrated:

• Compliance with 44 sub-criteria;
• Non-compliance with nine sub-criteria; and
• A finding of Not Applicable for 19 sub-criteria.

The non-compliant findings relate to:

• The revised Construction Environmental Management Plan and Flora and Fauna Management Plan for Moorebank Precinct East Stage One plans not being approved by the Minister for the Environment as required by the EPBC 2011/6229 approval;
• The Construction Environmental Management Plan and Flora and Fauna Management Plan for Moorebank Precinct East Stage Two not being approved by the Minister for the Environment as required by the EPBC 2011/6229 approval;
• Insufficient evidence of information, for relevant management plans and compliance reports, being published on the project holder’s website within the timeframes specified by the EPBC 2011/6229 approval; and
• The pre-clearance survey results, the agreement between the Department of Defence, and the updates to plans not being submitted to the Department of the Environment and Energy, as required by the EPBC 2011/6229 approval.

Officers from the Department of the Environment and Energy have reviewed the compliance audit report and found that it satisfies the requirements of Condition 13 of EPBC 2011/6229 approval.

The Department takes matters of non-compliance seriously and will further assess the findings of the independent compliance audit report.

The Department of the Environment and Energy thanks SIMTA for their assistance and cooperation during the independent compliance audit.