ASSESSMENT REPORT ALBION PARK QUARRY Increased … · ALBION PARK QUARRY Increased Production Rate...

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ASSESSMENT REPORT ALBION PARK QUARRY Increased Production Rate Modification (10639 of 2005 MOD 2) 1 BACKGROUND Cleary Bros (Bombo) Pty Ltd owns and operates a hard rock quarry and processing plant near Albion Park, approximately 20 kilometres (km) southwest of Wollongong in the Shellharbour local government area (see Figures 1 and 2). Cleary Bros has been operating the quarry for over 40 years. Figure 1: Regional context Albion Park Quarry Port Kembla Wollongong Shellharbour

Transcript of ASSESSMENT REPORT ALBION PARK QUARRY Increased … · ALBION PARK QUARRY Increased Production Rate...

ASSESSMENT REPORT

ALBION PARK QUARRY

Increased Production Rate Modification (10639 of 2005 MOD 2) 1 BACKGROUND Cleary Bros (Bombo) Pty Ltd owns and operates a hard rock quarry and processing plant near Albion Park, approximately 20 kilometres (km) southwest of Wollongong in the Shellharbour local government area (see Figures 1 and 2). Cleary Bros has been operating the quarry for over 40 years.

Figure 1: Regional context

Albion Park Quarry

Port Kembla

Wollongong

Shellharbour

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Figure 2: Local context and surrounding land uses

Bass Point Quarry

Shellharbour

Dunmore Quarries

Readymix Albion Park

Quarry (Holcim Australia)

Albion Park Quarry

(Cleary Bros)

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Historically, the quarry operated from Lot 2 DP 1021840 and Lot 23 DP 1039967, located directly to the north of Holcim Australia Pty Ltd (Holcim)’s neighbouring quarry on Lot 2 DP 858245 and Lot 1 DP 236168 (see Figure 3).

Figure 3: Albion Park Quarry Layout

In May 2005, the then Minister for Infrastructure and Planning approved two development applications from Cleary Bros, involving:

an extension of the quarry onto Lot 1 DP 858245 (DA 466-11-2003); and

construction of a haul road through Holcim’s Lot 2 DP 858245 linking the existing quarry with the quarry extension area (DA 467-11-2003).

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The consent for the quarry extension (DA 466-11-2003) was subsequently appealed in the NSW Land and Environment Court by a neighbouring landowner. In February 2006, the Court dismissed the appeal, granting development consent (10639 of 2005) for the quarry extension and issuing a revised set of consent conditions.

The development consent for the quarry extension was subsequently modified on 30 June 2009 (MOD 1) to allow an increase in the maximum production rate from 400,000 to 600,000 tonnes per annum (tpa). Under the modified development consent, Cleary Bros is permitted to:

extract a maximum of 600,000 tpa of hard rock; and

transport the extracted material to Cleary Bros’ processing plant via the approved haul road. Once processed, all hard rock products are transported to local and regional markets via the East-West Link Road and the Princes Highway (see Figure 2). Land surrounding the quarry extension area is used for a variety of uses (see Figure 3). The Belmont Homestead and residual farmland are located to the east of the quarry extension area and form part of Cleary Bros’ landholdings in the area. The Figtree Hill Dairy Farm is also located to the east of the extension area. Land to the south and west is owned by Holcim (previously Rinker Australia Pty Ltd) and is currently used for quarry operations. Other extractive industries in the surrounding area include hard rock quarries at Dunmore and Bass Point (see Figure 2).

2 PROPOSED MODIFICATION Cleary Bros is proposing to modify the development consent for the quarry extension under Section 75W of the Environmental Planning and Assessment Act 1979 (EP&A Act). The proposed modification involves:

increasing the maximum production rate from 600,000 to 900,000 tpa; and

increasing the road transportation limit for quarry products from 600,000 to 900,000 tpa. Cleary Bros is seeking the modification to enable it to respond to an increase in market demand for hard rock resources in the Sydney and Illawarra construction industries. Full details of the proposed modification are included in the supporting Environmental Assessment (EA, see Appendix A).

3 STATUTORY CONTEXT Section 75W Under Clause 8J(8)(d) of the Environmental Planning and Assessment Regulation 2000, a development consent relating to State significant development which was granted by the Land and Environment Court is taken to be an approval under Part 3A of the Act. Although Part 3A of the Act was repealed on 1 October 2011, the Albion Park Quarry remains a ‘transitional’ Part 3A project under Schedule 6A of the Act, and hence any modifications to the development consent are to be made under section 75W. The Department is satisfied that the proposal should be characterised as a modification to the approved project rather than a new project in its own right. In this regard, the Department notes that the proposed modification:

would not change the extraction, processing, transportation methods or operating hours; and

would not change the approved quarry extraction area or volume of resource to be extracted. Although the proposed modification would further increase the maximum production rate when compared to the approved development, it does not fundamentally change the nature of the development (ie hard rock extraction, processing and transport of product by road) or the associated environmental impact pathways assessed as part of the original development application. Given these considerations, the Department is satisfied that the proposed modification is within the scope of section 75W, and may be determined accordingly.

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Approval Authority The Minister for Planning is the approval authority for the proposed modification. However, under the Minister’s delegation of 16 February 2015, the Executive Director Resource Assessments & Compliance, can determine the application as:

Shellharbour City Council does not object to the proposed modification;

there were less than 25 public submissions in the nature of objections; and

Cleary Bros has not made any reportable political donations. Environmental Planning Instruments Cleary Bros has undertaken a review of the relevant provisions of the various environmental planning instruments that apply to the proposed modification (see sections 2.4 and 4.1 of the EA) including the:

Shellharbour Local Environmental Plan 2013 (Shellharbour LEP); and

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the Mining SEPP).

Cleary Bros concluded that as the proposed modification does not seek to alter any of the physical characteristics of the approved development (eg extraction area, access, surface infrastructure etc), the provisions of the Shellharbour LEP and the Mining SEPP would not be compromised. The Department has considered Cleary Bros’ review and is satisfied that the proposed modification can be undertaken in a manner that is generally consistent with the aims, objectives and provisions of these instruments, subject to a range of mitigation, monitoring and management measures that have been incorporated in the recommended conditions of consent.

4 CONSULTATION After accepting Cleary Bros’ application and associated EA for the proposed modification, the Department:

publicly exhibited the EA between Friday 15 November 2013 and Monday 9 December 2013: o on the Department’s website (www.planning.nsw.gov.au); o at the Department’s Information Centre; and o at the offices of Shellharbour City Council and the Nature Conservation Council;

advertised the exhibition of the EA in the Illawarra Mercury and Sydney Morning Herald;

notified relevant Stage government authorities, Shellharbour City Council and Kiama City Council; and

notified the relevant roads authorities in accordance with the Mining SEPP and SEPP (Infrastructure) 2007.

In undertaking this process, the Department is satisfied that the notification requirements of Section 89F of the EP&A Act and the Mining SEPP have been met. In response to the public exhibition, the Department received a total of 7 submissions, including:

6 from public authorities; and

one from the general public.

Copies of the submissions are provided in Appendix B. Response to Submissions (RTS) In March 2014, Cleary Bros submitted a response to the issues raised in submissions (see Appendix C), which was made publicly available on the Department’s website and forwarded to the relevant public authorities to determine whether these authorities had any residual concerns about the proposed modification. This resulted in further consultation being undertaken with the Environment Protection Authority (EPA) to address its residual concerns, as described further below. Public Authorities None of the public authorities objected to the proposed modification, although some identified initial concerns and requested further information. However as a result of the additional information provided in the RTS and further consultation through the assessment process, none of the public authorities retain any significant residual concerns provided their recommendations are complied with.

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The Department has reviewed and updated the consent conditions to incorporate the recommendations made by the public authorities relevant to their respective administrative and regulatory responsibilities. A summary of the issues raised by the public authorities is provided below. The Division of Resources and Energy (DRE) within the Department of Trade and Investment advised that the Albion Park Quarry has long been identified by DRE’s Mineral Resources Branch as being a regionally-significant source of hard rock for the Sydney and Illawarra regional construction industries. DRE indicated that growth in market demand in the Illawarra region has been influenced by the closure of the No. 6 blast furnace at BlueScope’s Port Kembla steel-making facility and advised that this shortfall could be met by increasing production of construction materials at existing quarries such as Albion Park. The NSW Office of Water (NOW) within the Department of Primary Industries (DPI) requested additional information regarding the predicted site water balance and advised of the need for Cleary Bros to source appropriate surface water entitlements and licences under the Water Management Act 2000 and Water Sharing Plan for the Greater Metropolitan Region Unregulated Water Sources 2011 for water storage and surface water capture. DPI’s Office of Agricultural Sustainability and Food Security and Fisheries NSW raised no objections to the proposed modification. Roads and Maritime Services (RMS) raised concerns regarding the potential cumulative traffic impacts of developments in the region which rely on heavy vehicle road transport, and associated amenity impacts. RMS also recommended that transport of quarry products by road should be minimised where possible. The EPA requested further information regarding the air quality assessment and quantification of the predicted increase in truck movements. Following its review of the RTS, the EPA provided further comments and recommended that Cleary Bros should be required to undertake a site-specific best management practice determination relevant to dust management. The EPA also sought clarification regarding Cleary Bros’ commitments to minimise potential air quality impacts associated with the transport of quarry products. Shellharbour City Council (Council) requested further information regarding the quantification of the predicted increase in truck movements, hours of operation and blasting. Kiama Municipal Council raised no objections to the proposed modification. General Public A submission objecting to the proposed modification was received from the owner of the Figtree Hill Dairy Farm, located to the east of the quarry. The issues raised in the submission related to:

cumulative intensification of production and processing over the life of the quarry;

potential amenity impacts related to blast safety and disruption to use of adjoining privately-owned land during blasting events;

the approved operational layout of the quarry; and

adequacy of public consultation. Concerns were also raised in this submission over potential cumulative amenity impacts associated with Holcim’s neighbouring quarry operations and its proposal to extend processing hours to 10pm. Whilst Holcim’s quarry operations operate under a separate Council approval, the Department notes that this modification application does not propose any changes to the approved operating hours for the processing plant or quarrying extraction activities at Cleary Bros’ quarry.

5 ASSESSMENT In assessing the merits of the proposed modification, the Department has considered the:

EA for the modification (see Appendix A), submissions (see Appendix B) and RTS (see Appendix C);

the existing conditions of consent;

relevant content of previous environmental assessments for the project (including the Albion Park Quarry EIS), current environmental management plans and monitoring results;

provisions of relevant environmental planning instruments, policies and guidelines; and

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relevant provisions of the EP&A Act, including the objects of the Act.

The Department considers that the key assessment issues relating to the proposed modification are potential traffic, air quality (dust) and noise impacts. The findings of the Department’s assessment are summarised below. 5.1 Air Quality Although the proposed modification does not involve any major infrastructure changes (such as changes in extraction areas or stockpiles), the proposed increased levels of production and associated increased truck movements to and from the quarry have the potential to generate increased levels of dust at nearby receivers (see Figure 4). Cleary Bros monitors the quarry’s air quality impacts through a series of dust deposition gauges and a High Volume Air Sampler. The results of air quality monitoring undertaken to date have indicated that average deposited dust and PM10 levels have remained well below the relevant consent criteria.

Figure 4: Surrounding Receivers

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The EA includes an air quality assessment undertaken by SLR Consulting Pty Ltd. The assessment includes semi-quantitative atmospheric dispersion modelling that draws upon previous modelling undertaken for an extraction limit of 800,000 tpa, scaled to predict impacts generated at a production rate of 900,000 tpa. In addition, ambient monitoring data obtained since 2010 was used to estimate background levels. The air quality assessment indicates that the proposed production rate increase is unlikely to result in any exceedances of the relevant PM10 or dust deposition criteria at nearby receivers (see Table 1). Table 1: Predicted PM10 and dust deposition concentrations

Receiver

PM10 (ug/m3) Dust Deposition (g/m

2/month)

24 hour max (quarry alone)

Annual (cumulative)

Quarry alone Quarry and other sources

50 30 2 4

R1 26.6 19.4 0.8 3.0

R2 18.2 18.6 0.5 3.0

R3 11.1 18.1 0.4 2.9

R4 5.8 17.6 0.2 2.8

R5 7.4 17.6 0.2 2.8

R6 4.0 17.4 0.1 2.8

The EPA expressed concerns regarding the adequacy of Cleary Bros’ proposed dust mitigation measures, and particularly whether the proposed controls would meet contemporary best practice. Accordingly, the EPA recommended that Cleary Bros should be required to undertake a site specific Best Practice Management determination. In consideration of the EPA’s recommendations and to ensure the amenity of the local community is adequately protected, the Department has recommended conditions requiring Cleary Bros to comply with contemporary air quality assessment criteria and contemporary operating conditions for managing potential air quality impacts, including:

implementing best management practice to minimise dust emissions from the operations;

minimising air quality impacts during adverse meteorological conditions; and

undertaking air quality monitoring at representative surrounding receivers to ensure compliance with the relevant air quality criteria.

These measures are to be described in an updated Air Quality Management Plan which Cleary Bros would be required to prepare and implement, and which is to include a site-specific best management practice determination, air quality management system and air quality monitoring program. Overall, the Department is satisfied that, subject to the implementation of these measures, the proposed modification is unlikely to result in any significant dust impacts on surrounding receivers. 5.2 Noise and Vibration The proposed increase in annual production rates and truck movements and a modified blasting regime has the potential to increase noise and vibration impacts at surrounding sensitive receivers. The EA includes a noise impact assessment by SLR Consulting, which reviewed the noise assessment prepared for the 2008 modification application (which assessed production of 800,000 tpa and is scaled to predict impacts generated at 900,000 tpa) and includes a semi-quantitative analysis of the impacts of the proposed modification. Noise

The noise assessment predicts that the operational noise levels for the proposed modification would be similar to those associated with existing operations, which are typically 4 dB(A) below the noise limits specified in the existing development consent. The noise assessment predicts that the applicable operational noise criteria would be met at the nearest sensitive receivers for all modelled years of quarry operations. This is largely because the

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proposed modification would not change the physical proximity of the current quarry pit to nearby sensitive receivers, which would also continue to be attenuated by an existing noise bund. Further, no changes are proposed to operational hours, processing plant or mobile equipment, hence noise emissions from the quarry’s processing plant would be expected to remain similar to existing levels. Accordingly, the Department is satisfied that the proposed modification would not result in any significant noise impacts or result in any exceedances of the established noise criteria. However to ensure the amenity of surrounding residents continues to be protected, the Department has recommended that Cleary Bros be required to comply with contemporary operating conditions, including:

implementing best practice noise management to minimise operational and road traffic noise generated by the quarry;

minimising noise generating activities during adverse meteorological conditions; and

monitoring noise generated by the quarry at representative surrounding receivers to ensure compliance with the consent’s noise criteria.

The Department also recommends conditions requiring Cleary Bros to prepare and implement a revised Noise Management Plan outlining the management measures to be implemented to ensure compliance with the relevant noise criteria and operating conditions. Traffic Noise SLR Consulting also assessed the potential traffic noise impacts of the proposed modification against the applicable criteria in the NSW Road Noise Policy. The existing site access road off East-West Link Road would remain the primary access to and from the quarry and processing facility. The typical daily maximum traffic levels associated with operational workforce and deliveries via the public road network would remain unchanged for the proposed modification. For a typical high traffic flow day on the East-West Link Road (including traffic from the quarry as modified and from all other traffic accessing the road), the traffic noise assessment predicts total traffic noise levels would be generally consistent with existing noise levels and remain well below the applicable daytime (7 am to 10 pm) 60 dBA LAeq,15 hr design goals at the closest privately-owned

residences at the Greenmeadow Estate, to the northwest of the quarry access road intersection (see Figure 3). The traffic noise assessment predicts noise generated by quarry trucks would be approximately 42 dB(A) over the 15 hour period and combined with other road traffic noise levels are predicted to reach approximately 51 dB(A) during the same period. A key potential impact of the modified operations is the road transport on the amenity of surrounding residential areas during the night period (10 pm to 7 am). The development consent for the processing facility, from which all product is transported, does not currently place restrictions on the hours or frequency of the departing trucks. Similar conditions exist for the adjacent Holcim quarry which also uses the East-Link Road to transport its products. Cleary Bros currently dispatches product to various customers during the night period and has supplied product to infrastructure projects such as the Port Botany expansion and Barangaroo development which entailed early morning (4:30 am) dispatch. Cleary Bros advises that it has not received complaints regarding night time road transport. While the increase in production at the quarry extension would result in an equivalent increase in product dispatch on an annual basis, the peak hourly dispatch is not predicted to significantly change due to the limitations in the capacity of the product dispatch infrastructure (particularly the weighbridge). Therefore the night time transport noise conditions are likely to be similar to existing conditions. Cleary Bros assessed the potential noise impacts of night time road transport which found that the maximum hourly and periodic (9 hour) transport operations would comfortably comply with the night time road noise criteria at the surrounding residential receivers. Consequently, the Department is satisfied that product dispatch during the night time period is unlikely to result in any significant

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additional noise impacts and specific restrictions on transport operations during the night time period are not necessary. Notwithstanding, the Department has recommended that Cleary Bros implement reasonable and feasible measures to reduce the road noise of the development. The Department has also recommended conditions requiring the preparation and implementation of a transport management plan for the quarry, to include measures to reduce noise generated by heavy vehicles entering and leaving the site between 10 pm and 6 am. These measures are to be implemented via a drivers code of conduct for the quarry (discussed further in section 5.3 below). Blasting To achieve the increased production the proposed modification would require a 50% increase in blasting frequency compared to current operations, which is currently an average of less than one blast per week. The proposed increase in blasting frequency would remain below the blasting limit of one blast per day as prescribed under the development consent and the EPA’s Environment Protection Licence for the quarry site. The noise and vibration assessment indicates the modified blasting regime would meet the relevant criteria for airblast overpressure and ground vibration at all nearby receivers. The Department is satisfied that impacts from the modified blasting regime are unlikely to be significant. Notwithstanding, to minimise potential disruptions and general amenity impacts on nearby landowners, the Department has recommended that Cleary Bros be required to comply with its standard blasting operating conditions for quarrying operations. These conditions include requirements for Cleary Bros to implement best management practice to protect the safety of people and livestock in the surrounding area and to avoid and/or minimise any blasting impacts on the neighbouring Fig Tree Hill Land. The Department has also recommended a condition requiring Cleary Bros to revise its existing Blast Management Plan as necessary to reflect the modification. 5.3 Traffic The modification would result in increased traffic movements in and around the quarry, including the dispatch of quarry products via the East-West Link Road and the Princes Highway (see Figure 2). The Department acknowledges that alternatives to road transport such as rail are not available to Cleary Bros. The EA includes a traffic assessment prepared by GTA Consultants. In response to submissions from the EPA and Council, Cleary Bros provided further information in its RTS quantifying the additional predicted truck movements associated with the proposed increased production level (see Table 2). Table 2: Predicted average haulage movements (outbound)

Existing operations Proposed modification

Annual production 600,000 tpa 900,000 tpa

Annual truck haulage movements 16,400 trucks/year 24,600 trucks/year

Average daily truck haulage movements (outbound)

60 trucks/day 90 trucks/day

Average peak hour truck haulage movements (outbound)

6 trucks/hour 9 trucks/hour

The proposed modification would increase the average peak hour total heavy vehicle generation by 3 outbound trucks per hour, or 6 additional two-way truck movements per hour. Following further consultation, Council confirmed that it is satisfied the proposed additional truck movements can be adequately accommodated on the East-West Link Road. The traffic assessment also analysed the performance of the following roundabout intersections:

East-West Link Road/Colden Drive/Cleary Bros site access road; and

East-West Link Road/Woollybutt Drive/Holcim site access road. The assessment found these intersections currently operate at a Level of Service of A and B, which indicates a good level of service with acceptable delays and spare capacity.

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To minimise the change in the quarry’s existing peak operating periods whilst achieving the increased annual rate of transport, Cleary Bros proposes to utilise existing quiet periods and more frequent peak operating days. On this basis, the traffic assessment concluded that the proposed modification would not detrimentally impact the existing levels of service on the surrounding road network. Cumulative Impacts The EA did not include an assessment of the potential cumulative impact of quarry trucks from both Albion Park and other nearby approved quarrying operations. Two nearby quarries have had recent applications to increase production and road transport limits approved - Hanson’s Bass Point Quarry Extension Project (approved 28 January 2014) and Boral’s Dunmore Quarry MOD 6 (approved 7 February 2014). The currently approved production rates for the Bass Point Quarry and Dunmore Quarry, together with this modification application, would increase the combined production rate of the three operations from 4.6 million tpa to 7.4 million tpa. As part of the recent determinations for Bass Point Quarry and Dunmore Quarry, the Department identified that the three quarry operations combined could result in a total of approximately 330,000 truck movements annually on the classified road network. As a large proportion of these movements are likely to be either to or from the Sydney region, the Department identified the need for further assessment of potential cumulative traffic impacts, particularly on Mount Ousley Road, which carries a large and increasing number of heavy vehicles. Accordingly, the conditions of approval for the Bass Point Quarry and Dunmore Quarry require:

a cumulative traffic impact study to be commissioned by the operators of the three quarry operations; and

a program to implement any reasonable and feasible measures identified in the cumulative traffic impact study, in an equitable manner with the other quarry operators.

These requirements have been reflected in the Department’s recommended conditions for this modification (see Appendix D). The Department has also recommended that Cleary Bros prepare and implement a Transport Management Plan in consultation with RMS and Council. The plan would include a drivers’ code of conduct that would apply to all drivers of vehicles related to the quarry operations. On this basis, the Department is satisfied that the potential cumulative traffic and road safety impacts of quarry trucks from the three operations on the classified road network, including Mount Ousley Road, can be adequately managed. Overall, the Department is satisfied that the quarry’s road transport limit can be increased to 900,000 tpa with limited additional local traffic impacts. The Department is satisfied that the proposed limits to Cleary Bros’ proposed truck movements would avoid significant changes in peak traffic flows and would not impose a significant commercial constraint on Cleary Bros (i.e. the average and peak truck dispatch movements could be reasonably accommodated within the recommended operating hours). 5.4 Water Use The proposed modification has the potential to increase water consumption due to the increased production rate. Water is sourced from the existing quarry dam (see Figure 3), which has a capacity of approximately 24 megalitres (ML). The existing operations use approximately 21 ML/year of water, comprising:

11 ML/year at the processing plant for spraying conveyors and stockpiles; and

10 ML/year for dust suppression on the haul road. The proposed increased production would require a total of around 17 ML/year of water at the processing plant, with no change in the volume of water required for dust suppression on the haul

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road. The EA found that rainfall would adequately replenish water supplies in the existing quarry dam to meet the predicted water requirements, even during below average rainfall conditions. NOW identified in its submission that the water captured by the existing quarry dam exceeds the site’s harvestable rights entitlements and that additional water entitlements need to be sourced in accordance with the trading rules of the Water Sharing Plan for the Greater Metropolitan Regional Unregulated Water Sources 2011 (WSP). NOW also identified that additional water entitlements under the WSP would need to be obtained to account for any accumulated water in the pit that is extracted for use at the site. NOW issued a Water Access Licence (Zero Share) to Cleary Bros on 30 April 2014, which is the first step in being able to source and trade water entitlement to allow for capture and extraction in excess of the harvestable right. NOW advised it has no residual issues provided that the appropriate authorisations are obtained for water captured and used from the quarry dam and pit. Overall, the Department is satisfied that the impacts of the proposed modification on water resources would be minimal. However, to strengthen the water licensing requirements in the development consent, the Department has recommended a condition requiring Cleary Bros to obtain all water licences for the development required under the Water Management Act 2000 and to ensure that it has sufficient water for all stages of the operations, and if necessary, adjust the scale of the operations to match its available water supply. 5.5 Other Issues Other issues associated with the proposed modification have been considered by the Department. As no changes to the development footprint are proposed, the Department is satisfied that all other issues are likely to have negligible environmental impacts over and above those previously assessed and approved for the quarry, and that these impacts can continue to be managed in accordance with the existing conditions of consent.

6 RECOMMENDED CONDITIONS The Department has drafted a Notice of Modification (see Appendix D) to regulate the proposed modification, as well as a consolidated version of the development consent as modified (see Appendix E). The Department’s recommended conditions are aimed at:

strengthening the development consent’s road traffic management requirements, specifically in regard to cumulative impacts;

strengthening the development consent’s air quality, noise and blasting management requirements;

strengthening the development consent’s reporting and information access requirements; and

ensuring the quarry’s management plans are up-to-date and reflect the modified development. The Department has also taken the opportunity to contemporise the development consent in terms of updating various definitions and general conditions consistent with other State significant quarry operations in the region. Cleary Bros has reviewed and accepted the recommended conditions.

7 CONCLUSION The Department has assessed the merits of the modification application, the supporting EA, submissions and Cleary Bros’ RTS, in accordance with the requirements of the EP&A Act. Based on this assessment, the Department is satisfied that the environmental impacts of the modified development would not (with the exception of potential cumulative road transport impacts and air quality impacts) be significantly different from the existing development. The Department considers that any potential additional impacts can be appropriately managed via Cleary Bros’ existing on-site management systems together with the implementation of the Department’s recommended conditions of approval. Specifically, the Department has recommended conditions requiring Cleary Bros to:

comply with a range of contemporary air quality management conditions, including preparation of an updated Air Quality Management Plan; and

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. contribute towards a study of cumulative road transport impacts and to adopt any reasonableand feasible mitigation measures recommended by the study.

The Department acknowledges the quarry has long been identified by DRE as being a regionallysignificant source of hard rock for the Sydney and lllawarra regional construction industries. Theproposed modification would allow Cleary Bros to increase the supply rate of high quality hard rock tomeet current market demands and the Department is satisfied that the proposed intensification ofprocessing and product transport forms a logical progression in the development of the quarry.

Overall, the Department is satisfied that, with the implementation of the recommended conditions andCleary Bros' proposed mitigation measures, the impacts of the proposed modification would beminimal and can be adequately managed. The Department is satisfied the proposed modification is inthe public interest and should be approved, subject to conditions.

8 RECOMMENDATION

It is RECOMMENDED that the Executive Director, Resource Assessments and Compliance, asdelegate for the Minister for Planning:o considers the findings and recommendations of this report;o determines that the proposed modification is within the scope of Section 75W of the EP&A Act;. approves the application to modify the development consent, subject to conditions, under

Section 75W of the EP&A Act; and. signs the attached Notice of Modification to the development consent (see Appendix D).

iJ*, ,,rL [*ÅHoward ReedDirectorResource Assessments

¿å.6 ' ts

zs /e/rçOliver HolmExecutive DirectorResource Assessments and Compliance

NSW GovernmentDepartment of Planning and Environment

13

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APPENDIX A: ENVIRONMENTAL ASSESSMENT Refer to Department’s website: http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=6210

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APPENDIX B: COPY OF SUBMISSIONS Refer to Department’s website: http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=6210

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APPENDIX C: RESPONSE TO SUBMISSIONS Refer to Department’s website: http://majorprojects.planning.nsw.gov.au/index.pl?action=view_job&job_id=6210

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APPENDIX D: NOTICE OF MODIFICATION

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APPENDIX E: CONSOLIDATED DEVELOPMENT CONSENT