2017
About the summaries
Below is a summary of findings for compliance audits completed to date during 2017 under the Department’s Compliance Auditing Plan.
The projects audited were:
Sea Dumping Permit 2013/2442 – Lakes Entrance - Issued to Gippsland Ports Committee of Management Incorporated – findings of compliance audit
In November 2017 the Department of the Environment and Energy undertook a compliance audit of Sea Dumping Permit 2013/2442 – Gippsland Port Committee of Management (Gippsland Ports).
The permit was issued in October 2013 and included 21 approval conditions. The audit examined compliance with 16 of the 21 conditions of approval.
The audit was undertaken by officers of the Department of the Environment and Energy.
The audit determined that Gippsland Ports have demonstrated compliance with all 16 approval conditions examined. The audit identified one opportunity for improvement relating to the Trailing Suction Hopper Dredging Statistics (TSHD) spreadsheet. This observation has been implemented Gippsland Ports.
The Department thanks Gippsland Ports Committee of Management for its assistance in completing the audit.
EPBC 2009/4856 - Victorian Roads Corporation - Western Highway Realignment (Stage One), Melton to Bacchus Marsh - findings of compliance audit
In July 2017 the Department of the Environment and Energy undertook a compliance audit of EPBC Approval 2009/4856 – VicRoads Western Highway Realignment Project (Stage One) from Melton to Bacchus Marsh.
The project was approved with conditions in December 2009, the approval provides controlling provisions for the protection of the Golden Sun Moth and the Natural Temperate Grasslands of the Victorian Volcanic Plain
The audit was undertaken by officers of the Department of the Environment and Energy. The audit determined that VicRoads have demonstrated commitment to the requirements of the EPBC 2009/4856 approval decision and no non-compliances were identified.
The Department thanks VicRoads for its assistance in completing the audit.
EPBC 2002/773 - Bulga Coal Management Pty Ltd - Blakefield South Mine, Bulga Underground Operations - Close out of Independent Audit
EPBC 2009/5123 - Goulburn-Murray Water - Northern Victoria Irrigation Renewal Project
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 29 March 2017, as required under condition 7 of the approval, Goulburn-Murray Water submitted their 2017 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 annual independent audit report found that Goulburn-Murray Water were compliant with all aspects of the Water Change Management Framework. Six 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 2018 annual independent audit will follow-up on these areas for improvement.
EPBC 2006/3157 - Queensland Bulk Water Supply Authority (T/a Seqwater) - Wyaralong Dam, Teviot Brook near Boonah, QLD - Close out of Independent Audit
On 3 July 2017, Seqwater wrote to the Department advising they planned to engage FRC Environmental (the auditors) to undertake the independent audit of the Estuarine Ecology Management Plan (EEMP) annual performance report as required under condition 2 (vi) of approval 2006/3157.
The audit was completed in August 2017 and has addressed the audit criteria to the satisfaction of the Minister’s delegate.
The audit found that Seqwater’s EEMP annual performance report complied with the requirements of the EEMP with the exception of:
- Calculation of mean monthly water flows;
- Colation of quantitative data for mangroves and saltmarshes;
- Size distribution frequencies by sex of mud crabs;
The Department is engaging with Seqwater to ensure the non-compliances identified above are addressed to the satisfaction of the Department and in accordance with the EPBC Act Compliance and Enforcement Policy.
Sea dumping Permit 2014/2642 - Port of Newcastle - Sea Dumping Permit for the purpose of dumping, and to dump up to 4 721 000 cubic metres of seabed material derived from maintenance dredging at the Port of Newcastle, NSW - findings of compliance audit
In January 2017 the Department of the Environment and Energy wrote to the Port of Newcastle informing them that a compliance audit would be conducted of a Sea Dumping Permit issued under the Environment Protection (Sea Dumping) Act 1981. The compliance audit examined the Port of Newcastle’s compliance with the 22 conditions of the Sea Dumping Permit.
The audit was undertaken by officers of the Department of the Environment and Energy.
The audit found that the Port of Newcastle was able to demonstrate compliance with the conditions of the Sea Dumping Permit. The Port of Newcastle were compliant with 16 of the 22 conditions of approval, with the remaining 6 conditions not applicable at the time of the compliance audit. The audit identified no instances of non-compliance.
The Department thanks the Port of Newcastle for its assistance in completing the audit.
EPBC 2006/3017 - Karara Mining Ltd - Karara Iron Ore Mining Project - findings of compliance audit
In July 2017 the Department of the Environment and Energy undertook a compliance audit of EPBC Approval 2006/3017 – Karara Iron Ore Mine Project.
The project was approved with conditions in October 2009, the approval provides controlling provisions for the protection of the Western Spiny-Tailed Skink and the Malleefowl.
The audit was undertaken by officers of the Department of the Environment and Energy. The audit determined that Karara Mining Ltd have mostly demonstrated compliance with the requirements of the EPBC 2006/3017 approval decision. Two instances of Non-compliance were identified, and Karara Mining Ltd have committed to work with the Department to rectify the identified non-compliances.
The Department thanks Karara Mining Ltd for its assistance in completing the audit.
EPBC 2006/3208 - Residential and industrial subdivision, Lot 18 Vasse Hwy, Yalyalup, WA
EPBC 2013/6956 - Roads and Maritime Services - Realignment of the Olympic Highway and construction of new road-over-rail bridge at Kapooka, Wagga Wagga, NSW - Findings of the compliance audit
In August 2017, the Department of the Environment and Energy commenced a compliance audit of the EPBC Approval 2013/6956 – Realignment of the Olympic Highway and construction of new road-over-rail bridge at Kapooka, Wagga Wagga, NSW.
The project was approved in May 2014 with 18 conditions of approval. The compliance audit examined 13 of the 18 conditions of the EPBC approval. The EPBC approval is valid until June 2036.
The audit determined that Roads and Maritime Services demonstrated compliance with the majority of requirements of the EPBC 2013/6956 approval decision. The compliance audit found:
- Compliance with 8 of the 13 audit criteria examined;
- 3 instances of non-compliance with the condition of approval;
- 2 conditions that were not applicable at the time of the compliance audit.
Roads and Maritime Services have addressed each of the identified non-compliances to the satisfaction of the Department of the Environment and Energy. Therefore, no further action is required.
The Department of the Environment and Energy will continue to engage with the approval holder to facilitate ongoing compliance with the conditions of the EPBC approval.
The Department of the Environment and Energy thanks the approval holder for their assistance in completing the audit.
EPBC 2003/1096 and 2007/3925 - Construct and operate open cut coal mine
EPBC 2006/2550 - Territory Iron Pty Ltd - To extract and process iron ore and all associated activities near Frances Creek, Northern Territory - Close out of compliance audit
In accordance with Condition 4 of the EPBC 2006/2550 approval, by 1 July each year the approval holder is required to provide a compliance certificate accompanied by an independent audit report of compliance with the conditions of approval to the Department.
The project was approved on 21 December 2006 with eight conditions of approval.
The compliance audit examined all eight conditions of the EPBC approval. The EPBC approval is valid until 30 June 2026.
The audit determined that Territory Iron Pty Ltd (Territory Iron) were non-compliant with the majority of the requirements for the EPBC 2006/2550 approval. The compliance audit found:
- Five instances of non-compliance with the condition of approval;
- Three conditions that were not applicable at the time of the compliance audit.
Territory Iron have addressed each of the identified non-compliances to the satisfaction of the Department of the Environment and Energy. Territory Iron are required to continually monitor these and advise the Department of the Environment and Energy of any amendments to these remedial actions.
The Department of the Environment and Energy will continue to engage with the approval holder to facilitate ongoing compliance with the conditions of the EPBC approval.
The Department of the Environment and Energy thanks the approval holder for their assistance in completing the audit.
EPBC 2012/6423 - Transport and Main Roads - Upgrade of the Smith Street Motorway and interchange with Labrador - Carrara Road (Olsen Avenue), Parkwood, QLD - Findings of compliance audit
In August 2017 the Department of the Environment and Energy directed The Department of Transport and Main Roads to undertake a compliance audit of the EPBC Approval 2012/6423 – Upgrade of the Smith Street Motorway and interchange with Labrador - Carrara Road (Olsen Avenue), Parkwood, QLD.
The project was approved with conditions in April 2013 and includes 19 conditions of approval. There were two variations to the conditions of approval in September 2013 and September 2014. The EPBC approval is valid until May 2023.
The audit determined that the Department of demonstrated compliance with the majority of requirements of the EPBC 2012/6423 approval decision. However, the compliance audit found:
- Compliance with thirty-one (31) conditions of approval,
- One (1) instance where the approval holder was unable to demonstrate full compliance with the condition of approval;
- Three (3) instances of non-compliance with the condition of approval;
- Three (3) conditions where compliance was undetermined;
- Ten (10) conditions that were not applicable at the time of the compliance audit;
- One (1) observation was made by the independent audit team.
The Department of Transport and Main Roads have submitted their response and proposed remedial action to address the identified non-compliances. The Department of the Environment and Energy has reviewed and accepted the proposed remedial actions.
The Department of the Environment and Energy will continue to engage with the approval holder to facilitate ongoing compliance with the conditions of the EPBC approval.
The Department of the Environment and Energy thanks the approval holder for their assistance in completing the audit.