Environmental Assessment Report - EPA...

Environmental Assessment Report

Dianas Basin Quarry Section 43A Application

Dianas Basin, St Helens

Dennis Fieldwick Pty Ltd

Report and recommendations of the

Environment Division

Department of Environment, Parks, Heritage and the Arts

to the Board of the Environment Protection Authority

February 2009

Environmental Assessment Report Fieldwick Diana Basin Quarry s43A application

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Proponent Dennis Fieldwick Pty Ltd

Proposal Level 2 Quarry

Location Off Flagstaff Rd, Basin Creek, St Helens

NELMS no. 7762

DA number DA356-08

File 050287

Document EEO\EAS\P\Fieldwicks Dianas Basin s43\EAR s.43.docx

Assessment process milestones

10/9/2007 Notice of Intent submitted

13/9/2007 DPEMP Guidelines issued

21/12/2007 Permit application submitted to Council

24/12/2007 Application received by EMPC Board

5/1/2008 Start of public consultation period

1/2/2008 End of public consultation period

26/3/2008 Supplementary information submitted to EMPC Board

10/4/2008 Application Approved by the EMPC Board

14/7/2008 Application rejected by Council

24/7/2008 Appeal initiated

3/9/2008 Appeal withdrawn

12/11/2008 Combined permit application and planning scheme amendment submitted to Council

18/12/2008 Section 43A Application received by Board

2/2/2009 Additional information received by the Board


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Acronyms

Board Board of the Environment Protection Authority

DPEMP Development Proposal and Environmental Management Plan

DEPHA Department of Environment, Parks, Heritage and the Arts

DPIW Department of Primary Industries and Water

EAR Environmental Assessment Report

EIA Environmental impact assessment

EMPC Act Environmental Management and Pollution Control Act 1994

EMPC Board Board of Environmental Management and Pollution Control

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)

LUPA Act Land Use Planning and Approvals Act 1993

PCE Permit Conditions Part B-Environmental

RPDC Resource Planning and Development Commission

SD Sustainable Development


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Report summary

This report has been prepared by the Environment Division of the Department of Environment, Parks, Heritage and the Arts (DEPHA) based on information provided by the applicant in the ‘Level 2 Quarry Operation, Diana’s Basin, Tasman Highway-Section 43(a) Application’ which included the Development Proposal and Environmental Management Plan (DPEMP) and DPEMP Supplement.

Background to the proposal and details of the assessment process are presented in Section 1 of this report. Section 2 describes the context of this assessment. Details of the proposal are contained in Section 3. Section 4 reviews the need for the proposal and considers the project, site and design alternatives. Section 5 summarises the public and Agency consultation process. The evaluation of environmental issues is contained in Section 6 and the report conclusions are contained in Section 7.

Attachment 1 contains the Environmental Assessment Report (EAR) of April 2008. Attachment 2 contains the table of commitments from the DPEMP and Attachment 3 contains recommended environmental permit conditions for the proposal.

This report contains an environmental assessment and recommendations to the Board of the Environment Protection Authority (the Board) in relation to Dennis Fieldwick Pty Ltd’s proposed quarry.

The proposal involves the operation of a quarry at Dianas Basin, south of St Helens. The project includes the extraction and crushing of rock for road materials. Blasting will be required. Quarrying is projected to continue for at least 25 years at a maximum rate of 50 000 cubic metres of product per annum.


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Recommendations

It is recommended that the Board of the Environment Protection Authority:

1. Consider the Division’s evaluation of environmental issues associated with the proposal in this report.

2. Note that the evaluation has concluded that the proposal is capable of being managed in an environmentally acceptable manner such that it is unlikely that the RMPS and EMPCS objectives would be compromised, provided that the recommendations made in this report are satisfactorily implemented. These recommendations include the implementation of the commitments made by the proponent in the DPEMP and DPEMP Supplement.

3. Approve the proposal subject to the conditions attached as Attachment 3 to this report. 4. Approve the recommended 3 week advertising period for public comment 5. In accordance with s.25(5)(a)(i) of the EMPC Act, notify Break O’Day Council that the

conditions and restrictions detailed in Attachment 3 (recommended permit conditions # 7762) must be contained in a permit granted by the planning authority under the Land Use Planning and Approvals Act 1993 (LUPA Act) in respect of the proposal, if a permit is to be granted.

6. In accordance with s.25(5)(a)(ii) and section 25A(3) of the EMPC Act, provide Council with a copy of this report to outline the reasons for the conditions and restrictions.


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Contents

1. APPROVALS PROCESS................................................................................................... 1

2. SD OBJECTIVES AND EIA PRINCIPLES ......................................................................... 2

3. THE PROPOSAL ............................................................................................................... 3

4. NEED FOR PROPOSAL AND ALTERNATIVES ............................................................... 7

5. PUBLIC AND AGENCY CONSULTATION ........................................................................ 7

6. EVALUATION OF KEY ISSUES ........................................................................................ 7

6.1 OFF-SITE IMPACTS ASSOCIATED WITH TRANSPORT TO AND FROM THE ACTIVITY ................ 8

7. CONCLUSIONS ................................................................................................................10

8. REFERENCES ..................................................................................................................10

9. SUMMARY OF APPENDICES ..........................................................................................10

ATTACHMENT 1 – ENVIRONMENTAL ASSESSMENT REPORT OF APRIL 2008.................................11

ATTACHMENT 2 - DPEMP COMMITMENTS (FROM TABLE 4.4 OF THE DPEMP) .........................13

ATTACHMENT 3 - PROPOSED PERMIT CONDITIONS (PCE #7762) .............................................14


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1. Approvals process

In December 2008 Dennis Fieldwick Pty Ltd submitted an application to Break O’Day Council (DA 356-08) under Part 3 Division 2A of the LUPA Act for a combined permit and planning scheme amendment (referred to as a section 43A application under the LUPA Act).

Development application (DA 356-08) was referred to the Board under section 25 of EMPC Act and was received by the Board on 18 December 2008. The application was supported by the document titled ‘Level 2 Quarry Operation, Dianas Basin, Tasman Highway-Section 43(a) Application’ including, as appendices, the DPEMP and DPEMP Supplement.

The proposal is defined as a ‘level 2 activity’ under Schedule 2 Subsections 5(a) and 6(a)(ii) of the Environmental Management and Pollution Control Act 1994 (EMPC Act) being;

Quarries: the extraction of any rock or gravel and producing 5 000 cubic metres or more of rock or gravel per year. and

Materials Handling- Crushing, Grinding or Milling: processing (by crushing, grinding, milling or separating into different sizes by sieving, air elutriation or in any other manner) of – rock, ores or minerals at a rate in excess of 1 000 cubic metres per year.

In accordance with section 25A (1)(b) of the EMPC Act the proponent was, on 12 January 2009, requested to provide further information in support of the application. This additional information was received by the Board on 2 February 2009.


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2. SD objectives and EIA principles

The proposal must be considered by the Board in the context of the sustainable development (SD) objectives of the Resource Management and Planning System of Tasmania (RMPS), and in the context of the objectives of the Environmental Management and Pollution Control System (EMPCS) established by the EMPC Act. The functions of the Board are to administer and enforce the provisions of the Act, and in particular to use its best endeavours to protect the environment of Tasmania, and to further the RMPS and EMPCS objectives.

The Board must undertake the assessment of the proposal in accordance with the Environmental Impact Assessment Principles defined in Section 74 of the EMPC Act except subsections 6 and 7 which, in accordance with section 25A of the EMPC Act, do not apply to the assessment by the Board of an application referred to it under Part 3, Division 2A of LUPA Act.


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3. The proposal

Dennis Fieldwick Pty Ltd has been operating Dianas Basin Quarry as a Level 1 activity since 1998. The quarry is situated at Basins Creek, off Flagstaff Road, 5 kilometres south of St Helens in north-eastern Tasmania. In September 2007 the company was directed, by the then Director of Environmental Management, to cease operation owing to their exceedence of permitted Level 1 production limits.

An application for a permit under section 57 of the LUPA Act in relation to the proposal was submitted to Break O’Day Council Council on 21 December 2007.

The proposal was for an increased production limit of 50,000 cubic metres per annum.

Section 25(1) of the EMPC Act required Council to refer the application (DA516-07) to the then Board of Environmental Management and Pollution Control (the EMPC Board) for assessment under the Act. The application was received by the EMPC Board on 24 December 2007.

The application included a Development Proposal and Environmental Management Plan (DPEMP) titled ‘Dianas Basin Quarry Reopening DPEMP’. This document was prepared in accordance with guidelines, issued by the Environment Division on 13 September 2007, and was received by the EMPC Board on 24 December 2007. An environmental assessment was undertaken in accordance with section 25(2) of the EMPC Act.

The application was advertised for public comment for 28 days between the 5 January 2008 and 1 February 2008 and the proponent was required to provide further information in response to the public and Government Agency comments. The DPEMP Supplement titled ‘Dianas Basin Quarry Reopening DPEMP Supplement’ dated February 2008 was submitted to the EMPC Board on 26 March 2008.

On 10 April 2008 the EMPC Board accepted the Environmental Assessment Report (EAR -Attachment 1 of this report) and recommended permit conditions and on 14 April 2008, in accordance with s.25(5)(a)(i) of the EMPC Act, notified Break O’Day Council of the conditions and restrictions that must be contained in any permit granted by the planning authority under the LUPA Act in respect of the proposal, if a permit was to be granted.

On 14 July 2008, Break O’Day council refused the application on the grounds that the application did not comply with the Break O’Day Planning Scheme 1996; therefore no permit was issued and the EMPC Board’s permit conditions became defunct. The proponent then initiated an appeal through the Resource Management and Planning Appeal Tribunal (RMPAT); on 3 September 2008 this appeal was withdrawn.

In December 2008 Dennis Fieldwick Pty Ltd submitted a new application to Break O’Day Council (DA 356-08) under Part 3 Division 2A of the LUPA Act for a combined permit and planning scheme amendment.

The development application (DA 356-08) was referred to the Board under section 25 of EMPC Act and was received by the Board on 18 December 2008. The application was supported by the document titled ‘Level 2 Quarry Operation, Dianas Basin, Tasman Highway-Section 43(a) Application’ which included, as appendices, the DPEMP and DPEMP Supplement, as submitted in support of the development application of 2007.

In accordance with section 25A (1)(b) of the EMPC Act the proponent was, on 12 January 2009, requested to provide further information in support of the application. The purpose of this request was to revise the document, in order to reflect any changes which may have occurred to the proposal, and the existing environment, since the original application was submitted.


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The revised document was received by the Board on 2 February 2009.

The main characteristics of the proposal are summarised in Table 1 of the original EAR (Attachment 1 of this report). A detailed description of the proposal is provided in Section 3 of the DPEMP.

Table 1 contains a summary of the revisions to the Document and their implications for the environmental assessment:

Table 1: Revisions to the Document

Original Situation Current Situation Implications for Assessment

The DPEMP made reference to a ‘proposed residence’ which was to be built in the vicinity of the proposal.

The current application clarifies that this residence received planning approval in 2008 but has not yet been built.

The original EAR included a consideration of the impacts of the proposal on this residence. No implications for the environmental assessment.

The original application stated that the proposal was for the extraction of up to 50,000 M3 per annum.

The current application clarifies that it is proposed to crush the full volume of this material.

The original EAR considered the environmental impacts, primarily noise and dust, of the crushing of product. No implications for the environmental assessment.

The original application made reference to mining lease (ML) 17M/2007 and ML 16M/94.

The current application clarified that these two mining leases have now been consolidated into ML 5/2008. A map showing the new mining lease boundaries has been included (Figure 1 below).

The boundaries of the new mining lease are consistent with the boundaries of the two old mining leases as considered in the original EAR. No implications for the environmental assessment.

The original DPEMP stated that proposed operating hours include 0800-1600 Saturdays; The DPEMP supplement stated that in response to public comment the proposed operating hours for a Saturday are to be restricted to 0800-1200. This was included as Commitment 6.

The current application clarifies that these reduced hours are the proposed operating hours.

The original EAR and recommended permit conditions included operating hours of 0800 to 1600 Saturdays. It is recommended that these hours should be restricted to 0800 to 1200 hours for Saturdays in line with the commitment made by the proponent. (recommended permit condition N1)


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The original application stated that the quarry has now been bought by BIS.

The revised document clarifies that the proponent is Dennis Fieldwick Pty Ltd and that the quarry will be handed to BIS when the permit has been granted.

No implications for the environmental assessment.

The original application made reference to a proposed re-routing of the access road.

The current application clarifies that no change has occurred to the access route to the quarry.

No implications for the environmental assessment. (Refer also to discussion of traffic impacts below).

The original application described the approval process for an application submitted under section 57 of the LUPA Act.

The current application was updated to reflect the process for an application made under s.43A of LUPAA.

No implications for the environmental assessment.

It has, thus, been determined that none of the above changes has affected the potential environmental impacts of the proposal and, therefore the original EAR is still relevant.


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Figure 1: Mining Lease 5/2008


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4. Need for proposal and alternatives

The purpose of the proposed activity is to reopen an existing quarry. Any alternative source of materials would require a new mining lease, land use permit and disturbance to a new site. The DPEMP stated that the quarry is the only quarry on the East Coast with a proven history of supplying material which complies with the G6 R40 specification (DIER) for main road construction.

5. Public and agency consultation

The original permit application was advertised seeking public comment for a 28 day period. A summary of the public representations and government agency/body submissions is contained in the original EAR (Attachment 1 of this report). The applicant’s response is contained in the DPEMP Supplement.

The DPEMP Supplement prepared by the applicant provides a response to each of the relevant environmental issues raised by the public and government agencies/bodies.

For applications submitted under Part 3 Division 2A of the LUPA Act both the planning scheme amendment and the permit (together with the reasons for the decision, including this EAR) are advertised for public comment

The Board submits a report, in response to any representations concerning environmental issues, to the Resource Planning and Development Commission (the RPDC). The RPDC considers both the planning scheme amendment and the permit application (including all representations and reports) and makes a decision on the application

In accordance with section 43F (3) of the LUPA Act, Council must advertise the application for a period not less than 3 weeks and not more than 2 months. In this case Council has determined to advertise the application for 3 weeks unless the Board requires it be advertised for a longer period1. It would normally be recommended that the Board direct Council to advertise the proposal for 28 days for a 2B assessment. In this case, however, the original application has already been advertised and the Board has already responded to public comment in the original EAR. The 21 days proposed by Council is therefore considered sufficient.

6. Evaluation of key issues

The key environmental issues relevant to the proposal that were identified for detailed evaluation in the original EAR were:

• Operational Noise

• Blasting

In addition to the key issues, the following environmental issues were considered relevant to the proposal and were also evaluated.

• Aboriginal heritage

1 Personal communication, (15 January 2009), Leigh Stephens, Break O’Day Council.


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• Dust

• Effluent disposal

• Fire risk

• Flora and fauna

• Hazardous materials

• Rehabilitation

• Solid waste management

These issues are discussed individually in the original EAR of April 2008, which is attached as Attachment 1 of this report. The original EAR, however, did not discuss the off-site issues associated with transport to and from the activity. This issue is discussed below.

The table of commitments from the DPEMP is included in Attachment 2 of this report.

6.1 Off-site impacts associated with transport to and from the activity

Description of potential impacts

Access to the proposed activity is via Flagstaff Road, a local unsealed access road that also provides access to the Forest areas. The DPEMP states that the road has been reconstructed and maintained by Fieldwicks as it is understood that it is not a Council road.

The DPEMP included a traffic assessment and stated that the present use of Flagstaff Road, excluding traffic associated with the quarry and Forestry operations, is assessed as less than 50 vehicles per day with minimal seasonal variation and traffic growth.

The DPEMP stated that traffic rates associated with the quarry would be variable but that at full production and with long distance delivery by 8 trucks, daily vehicle movements would average approximately 3 per hour (plus return).

The 2.8 km of road between the Tasman Highway and the quarry provides driveways to 3 private residences, one of which is close to the road.

Dust and noise may be emitted during vehicular movements associated with the activity, which may impact residences in proximity to the access route.

Management measures proposed in DPEMP

Transport trucks will be tarpaulin covered.

40 km/h truck speed limit on Flagstaff Road, covering of vehicles and use of dust suppression on road (Commitment 3).

Flagstaff Road and quarry access to be upgraded, including road realignment and the sealing of some sections (Commitment 4).

Hours of operations limited to 07:00 to 07:00 Monday to Friday, 08:00 to 12:00 Saturday. No transportation on Sundays or gazetted public holidays (Commitment 6)

Transport operator not to use engine brakes unnecessarily (Commitment 6).

Public and agency comment

Representors cited a number of concerns associated with access to and from the proposed activity. These can be summarised as:

Noise and Dust;

• Requested sealing of Flagstaff Road from Tasman Highway to Sate Forest boundary.


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• Stated that speed limits for trucks should be reduced.

Flora and Fauna habitat

• Stated that part of the planned road realignment will cross the Environmental Protection Zone and require vegetation removal.

Safety and access;

Public representors and the Department of Infrastructure Energy and Resources (DIER) raised a number of issues regarding the safety of and access to Flagstaff Road particularly at the junction with the Tasman Highway. These are detailed in Appendix 2 of the original EAR.

Evaluation and recommendation

Noise and Dust

Condition A1 requires the covering of loads exiting the site. This is also a commitment.

The proponent has also committed to using dust suppression on the road and to imposing a speed limit for trucks along Flagstaff Road. This is considered sufficient to ensure that dust emissions caused by truck movements do not cause environmental nuisance.

The proponent has committed to upgrading and realigning Flagstaff Road away from the nearest residence. It is recommended that Council regulate the undertaking of this commitment.

The proponent has committed to limiting operating hours at the quarry (recommended permit condition N1) and to having no transportation on Sundays and public holidays.

The management measures proposed in the DPEMP are considered sufficient to ensure that noise emissions from truck movements do not cause environmental nuisance.

Flora and Fauna Habitat

A flora and fauna habitat assessment was undertaken and included in the DPEMP Supplement. This assessment included the proposed route for the realignment of the road and there was found to be no issues associated with the road realignment. No recommendations.

Safety and Access

The suitability of Flagstaff Road for servicing the proposed activity is a matter for the consideration of Break O’Day Council. Recommendations regarding site access made by Terry Eaton in the traffic assessment and recommendations made by DIER during the consultation period are also matters for the consideration of Council.


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7. Conclusions

The Division is of the view that:

(i) the RMPS and EMPCS objectives have been duly and properly pursued in the assessment of the proposal; and

(ii) the assessment of the proposal has been undertaken in accordance with the Environmental Impact Assessment Principles; and

(iii) the recommendations set out in this report accord with the Board’s responsibilities in relation to these objectives and principles.

This assessment has been based upon the information provided by the applicant in the permit application, DPEMP and DPEMP Supplement.

This assessment has incorporated specialist advice provided by Divisions of DEPHA in relation to a number of key issues.

It is concluded that the proposal is capable of being managed in an environmentally acceptable manner such that it is unlikely that the RMPS and EMPCS objectives would be compromised, provided that the recommendations made in this report are satisfactorily implemented, including the commitments made by the applicant in the DPEMP and DPEMP Supplement.

8. References

Dennis Fieldwick Pty Ltd, November 2007 Dianas Basin Quarry Reopening DPEMP

Ireneinc Planning for Dennis Fieldwick Pty Ltd, October 2008 Level 2 Quarry Operation, Dianas Basin, Tasman Highway-Section 43(a) Application

9. Summary of appendices

Attachment 1 Environmental Assessment Report of April 2008

Attachment 2 DPEMP commitments

Attachment 3 Proposed permit conditions

Attachment 1 – Environmental Assessment Report of April 2008

ENVIRONMENTAL ASSESSMENT REPORT Dianas Basin Quarry

Dianas Basin, St Helens

Dennis Fieldwick Pty Ltd

Report and recommendations of Environment Division

Department of Environment, Parks, Heritage, and the Arts

April 2008

Environmental Assessment Report Fieldwick Diana Basin Quarry Page i


Applicant Dennis Fieldwick Pty Ltd

Proposal Quarry quartzwacke rock for use as road building material

Location Off Flagstaff Rd, Basin Creek, St Helens

NELMS 7546

DA number DA516-07

File 050287

Document G:\EEO_Enviro_Ops\EAS_Assessments\EAS_Projects\Fieldwick (Diana Basin)\Assessment Report\fieldwick Dianas Basin EAR.doc

Assessment process milestones

10/9/2007 Notice of Intent submitted

13/9/2007 DPEMP Guidelines issued

21/12/2007 Permit application submitted to Council

24/12/2007 Application received by Board

5/1/2008 Start of public consultation period

1/2/2008 End of public consultation period

26/03/2008 Supplementary information submitted to Board

Acronyms

Board Board of Environmental Management and Pollution Control

DPEMP Development Proposal and Environmental Management Plan

DTAE Department of Tourism, Arts and the Environment

EIA Environmental impact assessment

EMPC Act Environmental Management and Pollution Control Act 1994

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)

LUPA Act Land Use Planning and Approvals Act 1993

SD Sustainable development

Environmental Assessment Report Fieldwick Diana Basin Quarry Page ii

Report summary This report contains an environmental assessment and recommendations to the Board of Environmental Management and Pollution Control in relation to Dennis Fieldwick Pty Ltd’s proposed quarry. The proposal involves the operation of a quarry at Dianas Basin, south of St Helens. The project includes the extraction and crushing of rock for road materials. Blasting will be required. Quarrying is projected to continue for at least 25 years at a maximum rate of 50 000 cubic metres of product per annum. This report has been prepared by the Environment Division of the Department of Environment, Parks, Heritage and the Arts (DEPHA) based on information provided by the applicant in the Development Proposal and Environmental Management Plan (DPEMP) and DPEMP Supplement. The advice of relevant Government Agencies and the public has also been sought and considered as part of this assessment. Background to the proposal and details of the assessment process are presented in Section 1 of this report. Section 2 describes the context of this assessment. Details of the proposal are contained in Section 3. Section 4 reviews the need for the proposal and considers the project, site and design alternatives. Section 5 summarises the public and Agency consultation process and the key issues raised in that process. The detailed evaluation of key issues is contained in Section 6. Section 7 identifies other environmental issues and the report conclusions are contained in Section 8. Appendix 1 contains a tabular evaluation of other environmental issues referred to in Section 7. Appendix 2 contains a summary of public/agency comments. Appendix 3 contains the table of commitments from the DPEMP, and Appendix 4 contains recommended environmental permit conditions for the proposal.

Environmental Assessment Report Fieldwick Diana Basin Quarry Page iv

Contents

1 APPROVALS PROCESS............................................................................................... 5

2 SD OBJECTIVES AND EIA PRINCIPLES ................................................................ 5

3 THE PROPOSAL ........................................................................................................... 6

4 NEED FOR PROPOSAL AND ALTERNATIVES ................................................... 10

5 PUBLIC AND AGENCY CONSULTATION............................................................ 10

6 EVALUATION OF KEY ISSUES .............................................................................. 11 6.1 KEY ISSUE 1 OPERATIONAL NOISE......................................................................... 11 6.2 KEY ISSUE 2: BLASTING ......................................................................................... 16

7 OTHER ENVIRONMENTAL ISSUES...................................................................... 20

8 CONCLUSIONS ........................................................................................................... 21

9 REFERENCES ............................................................................................................. 22

10 SUMMARY OF APPENDICES .................................................................................. 22 APPENDIX 1 - ASSESSMENT OF OTHER ENVIRONMENTAL ISSUES ............................... 23 APPENDIX 2 - SUMMARY OF ISSUES RAISED BY PUBLIC AND AGENCY SUBMISSIONS . 27 APPENDIX 3 - DPEMP COMMITMENTS (FROM TABLE 4.4 OF THE DPEMP) ............... 31 APPENDIX 4 - PROPOSED PERMIT CONDITIONS............................................................ 32

Environmental Assessment Report – Fieldwicks Diana Basin Quarry Page 5

1 Approvals process An application for a permit under the Land Use Planning and Approvals Act 1993 (LUPA Act) in relation to the proposal was submitted to Break O’Day Council 21 December 2007. The proposal is defined as a ‘level 2 activity’ under Schedule 2 Subsection 6(a)(ii) of the Environmental Management and Pollution Control Act 1994 (EMPC Act), being materials handling (crushing and screening of rocks). Section 25(1) of the EMPC Act required Council to refer the application to the Board of Environmental Management and Pollution Control (the Board) for assessment under the Act. The application was received by the Board on 24 December 2007. The Board required that additional information to support the application be provided in the form of a Development Proposal and Environmental Management Plan (DPEMP) prepared in accordance with guidelines jointly issued by the Board/Director and Break O’Day Council. The final guidelines were issued to the applicant on 13 September 2007. One draft of the DPEMP was submitted to DTAE for comment prior to its formal submission. A final DPEMP was submitted to Council with the permit application. The permit application and DPEMP were released for public inspection for a 28-day period commencing on 5 January 2008. Advertisements were placed in the Mercury and Examiner newspapers and on the DTAE web site. The DPEMP was also referred at this time to relevant government agencies for comment. On 18 February 2008, the Board/Director requested that the applicant prepare a DPEMP Supplement to address public, government agency (including DEPHA) and Council comments on the DPEMP. The DPEMP Supplement was submitted by the applicant on 26 March 2008.

2 SD objectives and EIA principles The proposal must be considered by the Board in the context of the sustainable development objectives of the Resource Management and Planning System of Tasmania (RMPS), and in the context of the objectives of the Environmental Management and Pollution Control System (EMPCS) established by the EMPC Act. The functions of the Board are to administer and enforce the provisions of the Act, and in particular to use its best endeavours to protect the environment of Tasmania, and to further the RMPS and EMPCS objectives. The Board must undertake the assessment of the proposal in accordance with the Environmental Impact Assessment Principles defined in Section 74 of the EMPC Act.


3 The proposal Dennis Fieldwick Pty Ltd (trading as Fieldwicks) is applying for a permit to operate a quarry located near Dianas Basin 5 km south of St Helens in North East Tasmania (Figure 1). The quarry and crushing activity is expected to supply the construction industry market at a rate of 10,000 to 50,000 cubic metres of crushed rock per year. Fieldwicks had been operating the quarry with a level 1 permit since 1998 (the quarry has been operating since 1994) until the Director of Environmental Management directed the company to cease operation in September 2007. This directive was in response to the company exceeding the allowable quantity of extracted material under the Level 1 permit. The company then applied for a Development Application to reopen the quarry, with a small increase in Lease area (Figure 2) and operate it as a Level 2 activity. The main characteristics of the proposal are summarised in Table 1. A detailed description of the proposal is provided in Section 3 of the DPEMP.

Table 1: Summary of key proposal characteristics

Characteristic Description/quantities

Activity description The proposal is for the extraction and crushing of up to 50,000 cubic metres of quartzwacke per year. The proposed quarry previously operated as a Level 1 activity until closed via a directive from the Director because the activity had exceeded its Level 1 production limit (dated 5 September 2007).

Product will primarily be used for road base.

Material is extracted by blasting, and crushed and screened by mobile equipment.

Location The proposed quarry is located off Flagstaff Road, Dianas Basin, St Helens

Land zoning The area is zoned as Natural Resources under the Break O’Day Council planning scheme (1996). Resource development is an allowable use in the zone.

Land tenure Crown land designated as State Forest. The previous activity was conducted under Mining Lease 16M/1994 (4 hectares). The proponent has applied to extend the lease. This extension has been provisionally granted. The extended area covers an additional area of 3 hectares under Mining Lease 17M/2007.

Site overview Various creeks are deeply incised due to the geology and the relatively steep slopes from the Scamander Tier. The quarry is located between two ephemeral (seasonal flow) creeks, and above Basin Creek. There is no groundwater in the quarry area due to the geology and the groundwater level is expected to be at the levels of the creek beds. There is a lockable gate to the quarry.

Surrounding area overview

Basin Creek joins other streams downstream before flowing into Dianas Basin a lagoon adjoining the sea.


Characteristic Description/quantities

Major equipment Mobile crushing and screening plant, excavator, trucks and loader use.

Other infrastructure

Inputs

Water Nil

Energy Diesel used by mobile plant and equipment.

Other raw materials Nil

Wastes Source, characteristics, treatment and discharge points

Liquid The DPEMP stated that, while runoff from the quarry is infrequent, due to the high permeability of the pit floor, the quarry floor will be managed so that drainage will flow to an excavated settling pit and then via a low gradient channel to the road table drain. Sediment settling ponds will be constructed as required on the road verge to ensure all solids are settled out prior to discharge to Basin Creek. This drainage plan is to be reviewed after the construction of the new access road.

Atmospheric Potential sources of atmospheric emissions from the land are;

• Dust from extractive activity and product handling at the land;

• Dust from vehicle movements to and from the land; and

• Drilling and blasting

Solid Any rubbish will be placed in vermin proof bins and removed weekly

Noise Noise is likely to be produced by the following activities carried out at the land ;

• Noise from drilling, blasting, excavation activity and material handling (crushing/screening); and

• Vehicle movements to and from the land.

Operating hours The proponent has requested operating hours of 0700 to 1900 hours weekdays and 0800 to 1600 Saturdays as per the Quarry Code of Practice.

Project timetable The quarry is to be reopened on attaining relevant permits.


4 Need for proposal and alternatives The purpose of the proposed activity is to reopen an existing quarry. Any alternative source of materials would require a new mining lease, land use permit and disturbance to a new site. The DPEMP stated that the quarry is the only quarry on the East Coast with a proven history of supplying material which complies with the G6 R40 specification (DIER) for main road construction. Other quarries may exist on the East Coast that have material that could be G6 R40 compliant with one in the process of achieving compliance, but at present the Fieldwicks quarry is the only one that has supplied compliant pavement material under DIER specifications to state road construction projects. (pers comm, Brian Watson, DIER, 20 Feb 2008).

5 Public and agency consultation The DPEMP was advertised seeking public comment for a 28 day period. A summary of the public representations and government agency/body submissions is contained in Appendix 2 of this report. The applicant’s response is contained in the DPEMP Supplement. Five representations were received. Many of these representations related to issues that the Council will consider. The key issues relating to issues pertaining the Land raised in the representations included:

• Residences located within the Standard Recommended Attenuation Distances (SRADS) for crushing, screening and blasting

• Blasting notification, • Noise surveys, • Other quarry suppliers, • Criticisms of past operations, • Distance to nearest residence, • Greenhouse gases, • Need for a Forest Practices Plan

The DPEMP was referred to a number of government agencies/bodies with an interest in the proposal. Responses were received from the following:

• Resource Management and Conservation (Dept Primary Industry and Water);

• Department of Infrastructure, Energy and Resources (DIER), • Mineral Resources Tasmania (DIER).

The following Divisions/Areas of the Department of Environment, Parks, Heritage and the Arts also provided submissions on the DPEMP:

• Noise Specialist , Environment Division The DPEMP Supplement prepared by the applicant provides a response to each of the relevant environmental issues raised by the public and government agencies/bodies.


The applicant has also undertaken its own public consultation process. According to the DPEMP, Fieldwicks and its consultants have consulted widely with state and local government authorities, including Minerals Resources Tasmania MRT, DEPHA, Break O’Day Council and the local residents in proximity to the quarry. A meeting was held, and as a result of this meeting with interested local residents in early December 2007, the proponent is considering the feasibility of sealing a portion of the access road to the quarry. The proponent stated that Fieldwicks will also fence the upper benches and agreed to relocate the access road into the quarry to minimise noise emissions from trucks at the nearest residence.

6 Evaluation of key issues The key environmental issues relevant to the proposal that were identified for detailed evaluation in this report were:

• Operational Noise • Blasting

These issues are discussed individually in the following Sections. The table of commitments from the DPEMP is included in Appendix 3 of this report. 6.1 Key issue 1 Operational Noise Description The proposed quarry had been previously operated as a quarry where blasting and crushing occurred. The quarry is situated within state forest. Three houses are located within approximately 700 metres of the quarry site. These are 380 metres to the east, 650 metres to the southeast, and 700 metres to the north. Another residence is planned for a site 550 metres to the northeast (Figure 3). The standard recommended attenuation distance (SRAD) where material is crushed is 750 metres. Potential Impacts The orientation of the quarry means that the house located 380 metres to the east would be the closest sensitive receptor at present, but residences to the northeast are more susceptible to noise. Several residences are approved or planned for this area (Figure 3). The potential noise impacts are related to material handling (crushing, screening, loading trucks, and truck movements). According to the DPEMP, Vipac Consultants were engaged to monitor noise from quarry operations under normal operating conditions. Their report was enclosed as Appendix H of the DPEMP. During the survey, the crushing plant was operating, but no trucks were carting gravel off site. Measurements were made at nine locations, each over a period of between 10 to 15 minutes. Two of the locations were at the nearest residential sites. With the quarry operating, reported noise levels are approximately 2-3 dB(A) higher than when the quarry was not operating. Ambient noise levels (quarry off) were recorded at 33 to 35 dB(A). Vipac concluded that the quarry is audible as engine


noise and rock crushing noise. When the quarry is not operating, the Tasman Highway is the main noise source. The Level 1 permit that the proponent was operating under did not have noise emission limits. Based on the noise survey, Vipac suggested that it would be desirable for noise levels at the nearest sensitive receptor (380 metres away) not to exceed 42 to 45 dB(A). Vipac also recommended that a buffer zone should be placed around the quarry by Council, within which residential dwellings and their immediate surrounds should not be located. An additional modelling exercise was conducted in response to the Environment Division’s request for a model of expected noise levels based on the sound power levels of the type of machinery expected to be used on site. This was provided in the Supplement. The predicted noise emission levels presented in the supplement were based on the expected type of machinery to be used on site, topography, and the depth of the quarry floor. The output representing the baseline predicted noise emission levels are presented in Figure 4. This model scenario was based on an earthen bund being present to attenuate noise, and the quarry floor at its present height. The model predicts that the highest noise levels would be recorded at two planned residences to the northeast of the quarry, where predicted noise levels would be 44 dB(A). The noise level at the closest occupied residence is predicted to be 40 dB(A). The model predicts that noise levels would decrease by approximately 4-5 dB(A) when the quarry floor is lowered by five metres. According to the DPEMP, this should occur after 2-3 years. Management measures • Quarry operations and transport will be restricted to the operating hours as set

out in the Quarry Code of Practice (Commitment 6). • Material stockpiles will be used to shield crushing operations to reduce noise

emissions (Commitment 5). • A buffer zone of 380m is requested to prevent residential encroachment • Flagstaff Road will be realigned and reconstructed to move the road away from a

residence, and realign access to the quarry (Commitment 4). • A speed limit of 40 km/h for truck traffic (Commitment 3). • Diesel motors will be maintained to minimise noise (Commitment 5). • A complaints register will be maintained by Fieldwicks which will record any noise

complaints.


Figure 4: Predicted Noise Emissions (From Figure 1 of Appendix C (Acoustic Modelling) in the Supplement).


Submissions SRAD (Public representation) Residences are located within the standard recommended attenuation distance (SRAD) for crushing, screening and blasting Proponent response: The concern is acknowledged. However SRADs are a guideline only and subject to onsite studies. One resident, who was proposing to build a residence within the SRAD, commissioned independent noise studies (as required by Council) and that survey reported that noise levels at a house approximately 400m from the quarry would be acceptable. Noise surveys (Public representation) Independent noise surveys are required, excessive noise at present. Proponent response: Pearu Terts, Consulting Engineer, has conducted independent noise monitoring for a proposed residence. His report documents noise measurements taken around the quarry in August 2007, and this report is included in the Supplement. The measurements in his report and Vipac’s are consistent, and are independent. Agency (Environment Division) Noise modelling Noise modelling needs to be conducted using actual noise levels from the machinery proposed for the activity. Proponent response: This has been conducted by Vipac and is provided as a separate report within Appendix C of the Supplement. Evaluation Standard Recommended Attenuation Distance There are residences existing, or planned, within 750 metres of the quarry (which is the SRAD for crushing). However, SRADs are a guideline, and “not intended to be automatically used as prohibition zones” (DELM, 1996). In addition to the distances, the topography of the area and actual noise level data should be considered. The noise surveys conducted by the proponent’s consultant and Pearu Terts suggest that noise levels at the nearest sensitive receptor would be less than 45 dB(A) when the quarry is operating. The Environment Division considers the results from these two surveys are consistent. Modelling using sound power levels of the expected machinery also predicted that noise levels would be less than 45 dB(A) at residences outside a 380 metre buffer. The proposed operating hours are 0700 to 1900 hours Monday to Friday, and 0800-1600 hours Saturdays (addressed in condition N1), and daytime noise levels at the nearest sensitive receptor should be set at 45 dB(A) (limits set in N2). This modelling was based on the presence of a bund to attenuate noise. Proposed condition N3 requires the proponent to construct and maintain such a bund prior to commencing operations. An annual survey (N4) is required to determine whether the activity is complying with N2, and N5 provides the reporting requirements. Recommendations Relevant management commitments outlined in the DPEMP and summarised above should be included in permit.


Standard conditions for the operation of a quarry, as routinely issued by the Director, should be included. N1 Operating hours N5 Noise survey report requirements In addition, several non-standard conditions should be included: N2 Noise emission Limits N3 Noise attenuation N4 Noise survey Requirements 6.2 Key issue 2: Blasting Description The existing environment was described in section 6.1. The standard recommended attenuation distance (SRAD) where blasting occurs is 1000 metres. Several residences are located within this distance. Blasting will result in noise (called “airblast”- which typically may result in rattling windows) and ground vibration. There are established limits for both of these parameters which are internationally and nationally accepted. The Quarry Code of Practice (1999) states that; • airblast overpressure must not exceed 115 dB (Lin Peak) for 95% of blasts, and

must never exceed 120 dB (Lin Peak) at the curtilage of the nearest residence. • Ground vibration must not exceed 5 mm/sec peak particle velocity for 95% of

blasts, and never exceed 10 mm/sec peak particle velocity. According to the DPEMP, blasting will be required approximately every 3 months. The DPEMP included a report from Terrock Consulting Engineers, who were commissioned by the proponent to design a blast program where noise and vibration from blasting would meet the required limits. Their report (Appendix I of the DPEMP) provided predicted noise and vibration levels from blasting, and recommendations for mitigation measures. Figure 5 presents the predicted airblast overpressure gradients. This shows that the 115 dB (Lin Peak) (which can only be exceeded for 5% of blasts) gradient is adjacent to the nearest residence (to the east of the quarry), and a planned residence to the northeast of the quarry. Figure 6 presents the predicted ground vibration resulting from blasts. This shows that ground vibration would be 3 mm/s at the nearest residence. Management measures • Blast modelling has given guidance for future blasting practices and potential

airblast and ground vibration contours have been generated. These show` that blasting will meet appropriate standards at the nearest residence.

• Residents (within 1000 metre radius, or as agreed) will be advised 24 hours prior to blasting which will occur approximately every three months (Commitment 1).

• Ongoing monitoring is planned to ensure blasting meets the relevant standards (Commitment 1).

• Modify blasting practices if required (Commitment 1).


Submissions SRAD (Public representation) Residences are located within SRADs for blasting The proponent responded that this is acknowledged, However SRADs are a guideline only and subject to site specific studies. Blasting notification Neighbours should be warned about impending blasts The proponent responded that Fieldwicks have committed to this (Commitment 1). Agency (Environment Division) Airblast A residence is on the modelled 115 dB (Lin Peak) contour line (Fig 4.3). Detail regarding the level of confidence in the airblast modelling is required. Detail mitigation measures if airblast pressure exceeds the guideline levels The proponent responded that the airblast was modelled by Terrock who have used the model innumerable times and this has proved accurate in estimating airblast and vibration. Similar results were obtained by the consultant (Pearu Terts) who was engaged to measure noise at a proposed residence. The proponent responded that it is proposed to measure every blast (at least initially) at the residence likely to be most affected (Commitment 1). If the measurements indicate that the standard is being exceeded, blast pattern design will be modified (e.g reduce loadings, increase stemming etc) (Commitment 1). Evaluation Standard Recommended Attenuation Distance There are residences existing, or planned, within 1000 metres of the quarry (SRAD for blasting). However, as noted above, SRADs are a guideline. The modelling predicts that the proponent will comply with the limits placed on blasting by the Quarry Code of Practice, although the nearest residence is adjacent to the contour for 115 dB (Lin Peak), which must not be exceeded for more than 5% of blasts. The proponent has committed to monitoring blasts to demonstrate compliance. If an exceedence is detected, the blasting contractors do have the ability to modify the blast pattern design in order to achieve compliance with subsequent blasts. The proposed permit conditions relating to blasting are B1, limiting blasting times to between 1000 and 1600 hours Monday to Friday (excluding public holidays), B2 which imposes airblast overpressure levels and ground vibration levels. Condition B3 requires the proponent to notify residents within 1000 metre radius, and the Director at least 24 hours prior to a planned blast, and B4 requires the submission of a blast monitoring plan that details methods and locations to be used to monitor blasts.


Recommendations Relevant management commitments outlined in the DPEMP and summarised above should be included in permit. Standard conditions for the operation of a quarry should be included. B1 Blasting times B2 Blasting – noise and vibration limits In addition, non-standard conditions should be included: B3 Notification B4 Blast monitoring plan 7 Other environmental issues In addition to the key issues, the following environmental issues were considered relevant to the proposal and have also been evaluated. • Aboriginal heritage • Dust • Effluent disposal • Fire risk • Flora and fauna • Hazardous materials • Rehabilitation • Solid waste management Details of this evaluation, along with recommended permit conditions, are contained in Appendix 1. A submission was received from DIER in relation to roads that are off the Land. That issue is outside the scope of the EMPC ACT. The submission is included in section B of Appendix 2. The following issues were raised by representors. The response column notes where these have been addressed as a part of this assessment. A reason is provided for the issues that were not addressed. Table 2: Public representations and Environmental Division response Issue Response Requested sealing of Flagstaff Road from Tasman Hwy to State Forestry boundary.

Outside scope of EMPC Act.

Considers that boom gate should not be placed on track between quarry and Loila Tier Rd, because this track may be required as an escape from fire for local residents.


Establish signage at the Tasman Hwy intersection indicating Flagstaff Rd.


Residences within SRADs for crushing, screening and blasting

Has been addressed in Section 6.


Issue Response Requests that entrances to the excised section of road (after realignment) be secured to prevent unauthorised use.


Speed limits for trucks to be reduced Outside scope of EMPC Act. Neighbours should be warned about impeding blasts

This is a permit condition (B3).

Independent noise surveys, excessive noise at present

These are permit conditions (N4 and N5).

Compensation for loss of quality of life and property value


Suggested other quarries in area do produce material of a similar quality

Addressed in Section 4.

Tenure of Flagstaff Rd Outside scope of EMPC Act. Planned realignment will cross part of Environmental Protection Zone and require vegetation removal

Outside scope of EMPC Act (not a part of “the Land”.

Request more details regarding modification to the access road to quarry.


Criticisms of past operations • Lack of blasting notification • Dust • Noise • Operating outside operating hours • Operating illegally as per production

levels • Quarry never had planning approval

from Council

These issues have either been addressed through permit conditions, or are outside scope of EMPC Act. The proponent responded to these criticisms in the supplement.

Capacity of bridge crossing Basin Creek to carry B double trucks


Queried stated distance to nearest residence Fig 2.2 shows house at 500 metre radius, while same house is at 380 metres in fig 4.2

This was rectified within the Supplement.

Were greenhouse gases accounted for when material was transported to Fingal region

Addressed in Supplement

Suggested a Forest Practices Plan is required for vegetation clearance because of presence of threatened species.

According to the proponent (in Supplement), less than one hectare will be cleared, however the proposal has been submitted to the Forest Practices Board.

8 Conclusions The Division is of the view that:

(i) the RMPS and EMPCS objectives have been duly and properly pursued in the assessment of the proposal; and

(ii) the assessment of the proposal has been undertaken in accordance with the Environmental Impact Assessment Principles; and

(iii) the recommendations set out in this report accord with the Board’s responsibilities in relation to these objectives and principles.

This assessment has been based upon the information provided by the applicant in the permit application, DPEMP and DPEMP Supplement.


This assessment has incorporated specialist advice provided by Divisions of DEPHA in relation to a number of key issues. It is concluded that the proposal is capable of being managed in an environmentally acceptable manner such that it is unlikely that the RMPS and EMPCS objectives would be compromised, provided that the recommendations made in this report are satisfactorily implemented, including the commitments made by the applicant in the DPEMP and DPEMP Supplement.

9 References DELM, 1996. Environmental Assessment Manual, Department of Environment and Land Management, January 1996.

Dennis Fieldwick Pty Ltd, November 2007 Dianas Basin Quarry Reopening DPEMP

10 Summary of appendices 10.1 Assessment of other environmental issues 10.2 Summary of issues raised by public and agency submissions 10.3 DPEMP commitments 10.4 Proposed permit conditions

Appendix 1 - Assessment of other environmental

issues Issue Aboriginal heritage Description of potential impacts The loss of heritage features within the Mining Lease area. Management measures proposed in DPEMP An Aboriginal Heritage survey was conducted and the report included in the DPEMP (Appendix E). No sites were found within the Mining Lease area. Public and agency comment The Aboriginal Heritage Office (AHO) responded that AHO had no objection to this development. The AHO did state that the area is conducive to Aboriginal Heritage and that sites may be uncovered through the development, and if sites were found, all works were to cease and the AHO contacted, Evaluation The advice of the AHO appears appropriate considering no sites were found. Recommendation Standard information on provisions of Aboriginal Relics Act 1975 regarding material encountered during construction or operation to be included in Schedule 3. Issue Dust from the extraction operation (as distinct from heavy traffic on the access roads) Description of potential impacts The sources of dust will be from drilling, blasting, crushing, screening, and loading trucks. Management measures proposed in DPEMP According to the DPEMP, the rock to be quarried generates minimal dust and that dust has not been noticeable from the quarry previously. The proponent has committed to minimising dust through the use of water sprays on equipment and internal roads, and the use of tarpaulins to cover loads (Commitment 2). Public and agency comment No comments were received concerning dust from the extraction activity itself. Evaluation The management measures are considered satisfactory. Recommendation It is recommended that the applicant be required to comply with standard permit conditions A1, A2, and A3, and Commitment 2. Issue Effluent disposal Description of potential impacts Contamination of off-site land and surface waters, especially Basin Creek, from stormwater contaminated with hazardous materials and sediment. Management measures proposed in DPEMP According to the DPEMP;

• The quarry floor will be bunded on the areas adjoining natural areas above the creek. • The floor will be graded to direct surface drainage to a settling basin prior to draining

to the access road table drain. The table drain will be provided with settling basins at intervals to control flow velocity.

• The pits and drain will be maintained and cleaned out as required and at least twice a year.

• A natural vegetation buffer of at least 50m will be maintained between the quarry floor and the creek.

• No chemicals, fuels or oils will be stored at the site (other than daily requirements). • All maintenance and refueling areas will be bunded and any spillage will be cleaned

up. Public and agency comment No public or agency comments were received. Evaluation The measures described above are considered adequate to manage the risk. Recommendation It is recommended that the applicant be required to comply with standard permit conditions E1, E2, and E3. Issue Fire risk Description of potential impacts Fire is a risk to both operators and the rehabilitation vegetation. Management measures proposed in DPEMP There were no management measures relating to fire in the DPEMP. Public and agency comment Resource Management and Conservation (DPIW) requested that the proponent develop a fire management plan. This was agreed to by the proponent in the DPEMP supplement. Evaluation The measure described above is considered adequate to manage the risk of fire. Recommendation It is recommended that the applicant be required to comply with non standard permit condition FM1. Issue Flora and Fauna Description of potential impacts A flora and fauna survey (by NorthBarker) indicated that apart from previous workings, the lease is covered with mature and regrowth Eucalyptus sieberi forest not on granite (not threatened), and Notelaea-Pomaderris-Beyeria forest (rare) along Basin Creek. Three threatened species listed under the Tasmania Threatened Species Protection Act 1995 (TSPA) were recorded. These are communities of Hibbertia virgata (twiggy guineaflower ) and Plantago debilis (shade plantain) both of which are listed as rare and Desmodium gunnii (southern ticktrefoil) listed as vulnerable. The species Helichrysum aff. leucopsideum was also recorded, which is likely to be listed under TSPA in the future. Several weed species were also recorded. Management measures proposed in DPEMP Management measures to protect flora and fauna include:

• Restricting vegetation disturbance to minimum area; • Maintenance of undisturbed buffer area to Basin Creek and vegetation of

conservation value; • Protection of threatened species Hibbertia virgata, by identification and fencing; • Develop and implement a weed and Phytophthora cinnamomi management plan; and • Ongoing rehabilitation with native species

Public and agency comment Resource Management and Conservation (RMC) requested that the proponent map the areas of Helichrysum aff. leucopsideum, and supported the management measure to fence off the areas containing Desmodium gunnii, Hibbertia virgata, and Plantago debilis. RMC highlighted the proponent’s legal obligations relating to weeds. Evaluation The measures described above are considered adequate to manage the risk to these communities. Recommendation

It is recommended that the applicant be required to comply with non standard permit conditions, FF1 and FF2. Issue Hazardous materials Description of potential impacts Contamination of surface and groundwater, and the land. Management measures proposed in DPEMP According to the DPEMP; • There will be no onsite storage of chemicals, fuels, or oils (other than daily requirements).

Some maintenance and refuelling will take place. • All maintenance and refuelling areas will bunded, and any spills cleaned up. Public and agency comment No concerns were raised in relation to hydrocarbon management. Evaluation The measures described above are considered adequate to manage the risk of contamination by hazardous materials. Recommendation It is recommended that the applicant be required to comply with standard permit condition H1 (storage and handling of hazardous materials) and condition G8 (provision of spill kits). Issue Rehabilitation Description of potential impacts Erosion and visual impact Management measures proposed in DPEMP According to Commitment 8 of the DPEMP; • Progressive rehabilitation will be undertaken using native species. According to the Supplement • Topsoil will be stored for future rehabilitation use; and • Overburden will be used as a noise bund. Public and agency comment RMC queried how overburden and topsoil would be stored. Evaluation The measures described above are considered adequate to manage the rehabilitation of the quarry. Recommendation Rehabilitation condition R1 requiring progressive rehabilitation, and R4 requiring topsoil and overburden conservation and management are recommended. Rehabilitation conditions R2, R3, R5 and R6 set out requirements for the rehabilitation of the lease area in the event of temporary and/or permanent cessation Issue Solid waste management Description of potential impacts Contamination of the surface and groundwater, and the land. Management measures proposed in DPEMP According to Commitment 7 of the DPEMP; • Animal proof containers will be installed for depositing waste, and • These containers will be emptied weekly at an approved facility Public and agency comment No issues were raised in relation to solid waste management. Evaluation

The measures described above are considered adequate to manage the risk of contamination from solid waste. Recommendation It is recommended that the applicant be required to comply with Commitment 7 of the DPEMP.

Appendix 2

Appendix 2 - Summary of issues raised by public and agency submissions

A. Relevant Public Submissions Five Representations were received and issues raised were: Issue Requested sealing of Flagstaff Road from Tasman Hwy to State Forestry boundary. Considers that boom gate should not be placed on track between quarry and Loila Tier Rd, because this track may be required as an escape from fire for local residents. Establish signage at the Tasman Hwy intersection indicating Flagstaff Rd. Residences within SRADs for crushing, screening and blasting Requests that entrances to the excised section of road (after realignment) be secured to prevent unauthorised use. Speed limits for trucks to be reduced Neighbours should be warned about impeding blasts Independent noise surveys, excessive noise at present Compensation for loss of quality of life and property value Suggested other quarries in area do produce material of a similar quality Tenure of Flagstaff Rd Planned realignment will cross part of Environmental Protection Zone and require vegetation removal Request more details regarding modification to the access road to quarry. Criticisms of past operations

• Lack of blasting notification • Dust • Noise • Operating outside operating hours • Operating illegally as per production levels • Quarry never had planning approval from Council

Capacity of bridge crossing Basin Creek to carry B double trucks Queried stated distance to nearest residence Fig 2.2 shows house at 500 metre radius, while same house is at 380 metres in fig 4.2 Were greenhouse gases accounted for when material was transported to Fingal region Suggested a Forest Practices Plan is required for vegetation clearance because of presence of threatened species. B. Referral Agency Comments Environment Division

Chapter Section Page/para

Comment

4.3

Table 4.1

Noise modelling needs to be conducted using actual noise levels from the machinery proposed for the activity.

A residence is on the modelled 115 dBA contour line (Fig 4.3). Detail regarding the level of confidence in the airblast modelling is required.

Mitigation measures if airblast pressure exceeds the guideline levels

Clarify apparent discrepancy in data for Location 3

Appendix 2


Comment

Provide data for Locations 7-9

Resource Management and Conservation (DPIW)


Comment

Appendix D 3.2 page 16

It is recommended that the location of Helichrysum aff. leucopsideum be mapped and that any potential impacts on this species be avoided.

5 5.1 Actively excluding the area where Hibbertia virgata is found and constructing an exclusion fence is fully supported.

5 5.1 It is recommended that appropriate measures eg fencing be undertaken to prevent incidental damage to Desmodium gunnii and Plantago debilis (and similar habitat in the vicinity of the recorded occurrences - given the likelihood of more plants occurring than those recorded as mentioned in the North Barker report).

5 5.3 The proposed prescriptions for the management of the quarry including the development and implementation of a Phytophthora and weed management plan are fully supported. Care with this is needed given the proximity of a significant rare vegetation community in Basin creek.

page 17

The presence and legal status of Erica lusitanica is noted. However, what is not conveyed is the fact that removal of material contaminated with seed of this plant constitutes a breach of the Tasmanian Weed Management Act 1999. Eradication of this weed is therefore required prior to the expansion of operations into infested areas.

page 32

The flora species list includes “Genista sp”. It is highly likely that this is Genista monspessulana, a declared weed under the Tasmanian Weed Management Act 1999, for which there are similar legal obligations to those for Erica lusitanica. The DPEMP, based on the information contained – but not thoroughly explained – in the Flora Survey, does not adequately address the weed management obligations of the quarry operators.

DPEMP It is recommended that a fire mitigation and management plan be developed to manage the risk of fires starting in, and spreading from, the quarry into adjoining state forest and other land, particularly given the proximity of threatened communities to the quarry site

3.5 3.5.1 16 It is not clear where or how salvaged overburden and topsoil is to be stockpiled on site for later use in rehabilitation works. This material should be stored separately to avoid mixing, compaction, potential loss through erosion and contamination by weeds.

Appendix 2


Comment

4 4.8.2 p29 The management action to “Develop and implement a weed and Phytophthora cinnamomi management plan” is noted. When preparing this plan the legal obligations imposed on the operators by the Weed Management Act 1999 will need to be addressed. Due to the presence of one and probably two declared weeds, weed control must be undertaken as soon as possible to prevent weed spread.

DIER

1. It is concurred as outlined in the TIA submitted by Terry Eaton dated November 2007and DPEMP that the following are required:

• The junction with the Tasman Highway be upgraded to meet

Austroads Fig 6.24 BAL requirements and Department of Infrastructure, Energy and Resources road construction standards.

• Deviation of Flagstaff Road past the loop section to which an existing

residence fronts.

• Maintenance of the Flagstaff Road gravel surface and edge drainage to ensure a satisfactory travelled surface is available

• Installation of a “Truck” advisory warning sign (W5-22B), hinged sign

to face vehicles entering Flagstaff Road from the Tasman Highway, sign face to be displayed at time of cartage only.

2. It is also required that the junction with the Tasman Highway be upgraded to

meet Fig 6.37 BAR requirements and Department of Infrastructure, Energy and Resources road construction standards. This will involve 25m approach and departure tapers, and 35m and 15m sections of full width traffic lane before and after the Flagstaff Road centreline to provide a 6m wide sealed road width on the eastern side of the Tasman Highway centreline.

3. In addition it is also required that: • The throat of the Flagstaff Road junction with the Tasman Highway be

sealed to at least the edge of the roadside property boundary • Junction line marking and a R1-2(B) Give Way sign be installed on the

Flagstaff Road approach to the Tasman Highway.

4. For approval purposes a sign and line marking plan is required that details: • junction upgrade setout • sign and line marking set out • cross section, pavement design, seal design and drainage details

Appendix 2

5. The developer must obtain approval for the required traffic management changes as outlined in the points above and make application for a permit to undertake road works within the State Road Reserve.

MRT Chapter Section Page/para Comment 3 3.2 Plan 3.1

between pages 14&15

Quarry Plan shows existing lease 16M/1994 as a blue rectangle. This shape is incorrect and does not accurately represent the existing lease. This plan requires redrafting to correct this error. An accurate plan of the current lease is available on the MRT website www.mrt.tas.gov.au or one can be obtained on request.

3 3.4 16 In section 3.4 Quarry Plans the proposed benching is discussed. The proposal for the upper faces to be 5m in height and the lower ones 10m is satisfactory. However, bench widths are described at 2.5m. MRT has some concerns that this width may not be adequate for safety and operational (machinery) purposes. Proponent to discuss this with MRT.

3 3.9 21 MRT confirms that this represents a strategically important quarry resource

Appendix 3 - DPEMP commitments (from Table 4.4

of the DPEMP) Potential

Impact Management measure commitments

1 Blasting Advise all residents within a 1km radius, (or as agreed) 24 hours in advance Monitor blasting at nearest residences to ensure compliance with standards Modify blasting practices if required

2 Air Emissions onsite

Operate water sprays on crushing equipment Minimise disturbance Progressive rehabilitation Watering of internal roads Quarry roads routinely maintained.

3 Air Emissions offsite

Transport trucks will be tarpaulin covered. 40 km/h truck speed limit on Flagstaff Road Road dust suppression.

4 Flagstaff Road Upgraded, including road diversion, sealing part and quarry access.

5 Noise Emissions – onsite

Maintain attenuation distances to neighbours. Maintain site vegetation, buffer zones and vegetation. Maintain material stockpiles as buffers Maintain diesel motors to minimise noise.

6 Noise Emissions – offsite

Hours of operations to Quarry Code of Practice. 7.00 am to 7.00 pm Monday to Friday. 8.00 am to 12.00 pm Saturday. No transportation on Sundays or gazetted public holidays. Transport operator not to use engine brakes unnecessarily. 40 km/h truck speed limit on Flagstaff Road.

7 Waste Management

Install animal proof waste container. Empty the waste container weekly to an approved facility.

8 Biodiversity, Conservation and Heritage Values

No disturbance of buffer zones and remnant vegetation. Implement a weed and Phytophthora cinnamomi management plan Progressive rehabilitation with native vegetation

Appendix 4 - Proposed permit conditions

This Appendix has been removed as the permit conditions are defunct. Current proposed permit conditions are attached as Attachment 3 of the “Environmental Assessment Report-Dianas Basin Quarry-Section 43A Application”

Attachment 2 - DPEMP commitments (from Table 4.4 of the DPEMP)

Potential Impact

Management measure commitments

1 Blasting Advise all residents within a 1km radius, (or as agreed) 24 hours in advance

Monitor blasting at nearest residences to ensure compliance with standards

Modify blasting practices if required

2 Air Emissions onsite

Operate water sprays on crushing equipment

Minimise disturbance

Progressive rehabilitation

Watering of internal roads

Quarry roads routinely maintained.

3 Air Emissions offsite


40 km/h truck speed limit on Flagstaff Road Road dust suppression.

4 Flagstaff Road Upgraded, including road diversion, sealing part and quarry access.

5 Noise Emissions –

onsite

Maintain attenuation distances to neighbours.

Maintain site vegetation, buffer zones and vegetation.

Maintain material stockpiles as buffers

Maintain diesel motors to minimise noise.


offsite

Hours of operations to Quarry Code of Practice.

7.00 am to 7.00 pm Monday to Friday.

8.00 am to 12.00 pm Saturday.

No transportation on Sundays or gazetted public holidays.

Transport operator not to use engine brakes unnecessarily.

40 km/h truck speed limit on Flagstaff Road.

7 Waste Management

Install animal proof waste container. Empty the waste container weekly to an approved facility.

8 Biodiversity, Conservation and Heritage

Values

No disturbance of buffer zones and remnant vegetation.

Implement a weed and Phytophthora cinnamomi management plan

Progressive rehabilitation with native vegetation

Attachment 3 - Proposed permit conditions (PCE #7762)

PERMIT PART BPERMIT CONDITIONS - ENVIRONMENTAL No. 7762

Issued under the Environmental Management and Pollution Control Act 1994

Applicant: DENNIS FIELDWICK PTY LTDACN 009 529 300CNR FRANKFORD HWY & AIRPORT RDEAST DEVONPORT TAS 7310

Activity: The operation of materials handling (ACTIVITY TYPE: Crushing, grinding,milling or separating into diferent sizes(rocks, ores or minerals))BASIN CREEK QUARRY, OFF FLAGSTAFF RDST HELENS TAS 7216

The above activity has been assessed as a level 2 activity under the Environmental Managementand Pollution Control Act 1994.

Acting under Section 25(5)(a)(i) of the EMPCA, the Board of the Environment ProtectionAuthority has required that this Permit Part B be included in any Permit granted under the Land UsePlanning and Approvals Act 1993 with respect to the above activity.

Municipality: BREAK O'DAYPermit Application Reference: DA 356-08DEPHA file reference: 050287

Date conditions approved: ______________________________________________

Signed: ______________________________________________

DIRECTOR, ENVIRONMENTAL PROTECTIONAUTHORITY

PCE 7762 (r0) 1/16

DIRECTOR, ENVIRONMENTAL PROTECTION AUTHORITY

DEFINITIONS

Unless the contrary appears, words and expressions used in this Permit Part B have the meaninggiven to them in Schedule 1 of this Permit and in the EMPCA. If there is any inconsistencybetween a definition in the EMPCA and a definition in this Permit Part B, the EMPCA prevails tothe extent of the inconsistency.

ENVIRONMENTAL CONDITIONS

The person responsible for the activity must comply with the conditions contained in Schedule 2 ofthis Permit Part B.

INFORMATION

Attention is drawn to Schedule 3, which contains important additional information.

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Table Of Contents

Schedule 1: Definitions....................................................................................................................... 5

Schedule 2: Conditions........................................................................................................................7Maximum Quantities................................................................................................................. 7

Q1 Regulatory limits ..............................................................................................7General.......................................................................................................................................7

G1 Access to and awareness of conditions and associated documents.................. 7G2 Compliance with EMP and BPEM................................................................... 7G3 Incident response...............................................................................................7G4 No changes without approval............................................................................7G5 Change of responsibility................................................................................... 7G6 Commitments.................................................................................................... 8G7 Complaints register........................................................................................... 8G8 Spill kits............................................................................................................ 8G9 Quarry Code of Practice....................................................................................8G10 Annual Environmental Review.......................................................................8

Atmospheric...............................................................................................................................9A1 Covering of vehicles......................................................................................... 9A2 Control of dust emissions from plant................................................................9A3 Control of dust emissions..................................................................................9

Blasting...................................................................................................................................... 9B1 Blasting times..................................................................................................10B2 Blasting - noise and vibration limits............................................................... 10B3 Notification......................................................................................................10B4 Blast Monitoring Plan..................................................................................... 10

Effluent Disposal..................................................................................................................... 10E1 Perimeter drains...............................................................................................10E2 Stormwater...................................................................................................... 11E3 Maintenance of settling ponds.........................................................................11

Fire Management..................................................................................................................... 11FM1 Fire management plan.................................................................................. 11

Flora And Fauna...................................................................................................................... 11FF1 Preserving ..................................................................................................... 11FF2 Weed and Plant Pathogen Management Plan................................................11

Hazardous Substances..............................................................................................................12H1 Storage and handling of hazardous materials................................................. 12

Noise Control...........................................................................................................................12N1 Operating hours...............................................................................................12N2 Noise emission limits...................................................................................... 12N3 Noise Attenuation........................................................................................... 12N4 Noise Survey Requirements............................................................................12N5 Noise survey report requirements................................................................... 13

Rehabilitation...........................................................................................................................13R1 Progressive rehabilitation................................................................................13R2 Notification of cessation..................................................................................13R3 DRP requirements........................................................................................... 13R4 Stockpiling of surface soil...............................................................................13R5 Rehabilitation on cessation..............................................................................13R6 Suspension of activity..................................................................................... 14

Schedule 3: Information.................................................................................................................... 15

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Legal Obligations.....................................................................................................................15LO1 Notification of incidents under s.32 of EMPCA.......................................... 15LO2 EMPCA ....................................................................................................... 15LO3 Storage and handling of Dangerous Goods.................................................. 15LO4 Aboriginal relics requirements..................................................................... 16

Attachments

Attachment 2: Commitments (modified: 05/02/2009 10:59)..................................................... 2 pages

Attachment 1: The Land (modified: 19/01/2009 14:45)............................................................ 1 pages

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Schedule 1: Definitions

In this Permit Part B:-

Aboriginal Relic has the meaning described in section 2(3) of the Aboriginal Relics Act 1975

Activity means any environmentally relevant activity (as defined in Section 3 of EMPCA) to whichthis document relates, and includes more than one such activity

Authorized Officer means an authorized officer under section 20 of EMPCA

Best Practice Environmental Management or 'BPEM' has the meaning described in Section 4 ofEMPCA

Director means the Director, Environment Protection Authority holding office under Section 18 ofEMPCA and includes a person authorised in writing by the Director to exercise a power or functionon the Director's behalf

DRP means a Decommissioning and Rehabilitation Plan

EMP means the Dianas Basin Quarry Reopening DPEMP prepared by Dennis Fieldwick Pty Ltddated November 2007 and includes supplementary information presented in Dianas Basin QuarryReopening DPEMP Supplement prepared by Dennis Fieldwick Pty Ltd dated February 2008 andincludes any amendment to or substitution of these documents approved in writing by the Director.

EMPCA means the Environmental Management and Pollution Control Act 1994

Environmental Harm and Material Environmental Harm and Serious Environmental Harmeach have the meanings ascribed to them in Section 5 of EMPCA

Environmental Nuisance and Pollutant each have the meanings ascribed to them in Section 3 ofEMPCA

Environmentally Hazardous Material means any substance or mixture of substances of a natureor held in quantities which present a reasonably foreseeable risk of causing serious or materialenvironmental harm if released to the environment and includes fuels, oils and chemicals.

Noise Sensitive Premises means residences and residential zones (whether occupied or not),schools, hospitals, caravan parks and similar land uses involving the presence of individual peoplefor extended periods, except in the course of their employment or for recreation.

Operations means the period from the date beginning when material is produced for sale.

Person Responsible is any person who is or was responsible for the environmentally relevantactivity to which this document relates and includes the officers, employees, contractors, jointventure partners and agents of that person, and includes a body corporate

Planning Authority means the Council(s) for the municipal area(s) in which The Land is situated

Quarry Code of Practice means the Quarry Code of Practice 1999, or subsequent versions of thiscode approved by the Director.

Reporting Period means the 12 months ending on 31 December of each calendar year.

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The Land means the land on which the activity to which this document relates may be carried out,and includes: buildings and other structures permanently fixed to the land, any part of the landcovered with water, and any water covering the land. The Land falls within the area defined by:

1 Mining Lease 5M/2008 AND/OR2 plan shown at Attachment 1.

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Schedule 2: Conditions

Maximum Quantities

Q1 Regulatory limits1 The activity must not exceed the following limits:

1.1 50,000 cubic metres/year of rocks, ores or minerals processed. (Annual permit andinspection fees are derived from this figure.)

1.2 50,000 cubic meters per year of Extraction

General

G1 Access to and awareness of conditions and associated documentsA copy of these conditions and any associated documents referred to in these conditions mustalways be held in a location that is known and accessible to the person responsible for theactivity. The person responsible for the activity must take all reasonable steps to ensure thatall persons who are responsible for undertaking work on The Land, including contractors andsub-contractors, are familiar with these conditions to the extent relevant to their work.

G2 Compliance with EMP and BPEMThe Land must be developed and used, and the activity on The Land must be carried out andmonitored, in accordance with the environmental management measures set down in theEnvironmental Management Plan ('EMP'), and in accordance with best practiceenvironmental management, unless otherwise specified in these conditions or contrary toEMPCA.

G3 Incident responseIf an incident causing or threatening environmental nuisance, serious environmental harm ormaterial environmental harm from pollution occurs in the course of the activity, then theperson responsible for the activity must immediately take all reasonable and practicable actionto minimise any adverse environmental effects from the incident.

G4 No changes without approval1 The following changes, if they may cause or increase the emission of a pollutant that is

not authorised by these conditions or otherwise result in material environmental harm,must only take place in relation to the activity if a new permit has been issued by therelevant planning authority (where the authority determines that a permit is required) or,if no such permit is required, the prior written approval of the Director.1.1 a change to a process used in the course of carrying out the activity; or1.2 the construction, installation, alteration or removal of any structure or equipment

used in the course of carrying out the activity; or1.3 a change in the nature of materials used in the course of carrying out the activity.

G5 Change of responsibility1 If the person who is or was responsible for the activity will cease or ceases to be

responsible for the activity, then, as soon as reasonably practicable, but no later than 30days after that cessation, that person must:1.1 notify the Director in writing of that fact;1.2 provide the Director with full particulars in writing of any person succeeding him

or her as the person responsible; and

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1.3 notify any such person of the requirements of any relevant permit, environmentprotection notice or other environmental management obligations.

G6 CommitmentsUnless otherwise specified in these conditions the person responsible for the activity mustcomply with the commitments specified in Attachment 2 to these conditions.

G7 Complaints register1 A public complaints register must be maintained and made available for inspection by

an Authorized Officer upon request. The public complaints register must, as aminimum, record the following detail in relation to each complaint received in which itis alleged that environmental harm (including an environmental nuisance) has beencaused by the activity:1.1 the time at which the complaint was received;1.2 contact details for the complainant;1.3 the subject-matter of the complaint;1.4 any investigations undertaken with regard to the complaint; and1.5 the manner in which the complaint was resolved, including any mitigation

measures implemented.2 Complaint records must be maintained for a period of at least 3 years.

G8 Spill kitsSpill kits appropriate for the types and volumes of materials handled on The Land, and whichmay include relocatable (temporary) bunds, must be kept in appropriate locations to assistwith the containment of spilt environmentally hazardous materials.

G9 Quarry Code of PracticeUnless otherwise required by these conditions, or required in writing by the Director, theactivity (or activities) undertaken on the land must comply with the Acceptable Standardsprovisions of the Quarry Code of Practice.

G10 Annual Environmental Review1 Unless otherwise specified in writing by the Director, a publicly available Annual

Environmental Review for the activity must be submitted to the Director each yearwithin three months of the end of the reporting period. Without limitation, each AnnualEnvironmental Review must include the following information:1.1 a statement by the General Manager, Chief Executive Officer or equivalent for the

activity acknowledging the contents of the Annual Environmental Review;1.2 subject to the Personal Information Protection Act 2004, a list of all complaints

received from the public during the reporting period concerning actual or potentialenvironmental harm caused by the activity and a description of any actions takenas a result of those complaints;

1.3 details of environment-related procedural or process changes that have beenimplemented during the reporting period;

1.4 a summary of the amounts (tonnes or litres) of both solid and liquid wastesproduced and treatment methods implemented during the reporting period.Initiatives or programs planned to avoid, minimise, re-use, or recycle such wastesover the next reporting period should be detailed;

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1.5 details of all non-trivial environmental incidents and/or incidents of noncompliance with permit or environment protection notice conditions that occurredduring the reporting period, and any mitigative or preventative actions that haveresulted from such incidents;

1.6 a summary of the monitoring data and record keeping required by theseconditions. This information should be presented in graphical form wherepossible, including comparison with the results of at least the preceding reportingperiod. Special causes and system changes that have impacted on the parametersmonitored must be noted. Explanation of significant deviations between actualresults and any predictions made in previous reports must be provided;

1.7 identification of breaches of limits specified in these conditions and significantvariations from predicted results contained in any relevant DPEMP or EMP, anexplanation of why each identified breach of specified limits or variation frompredictions occurred and details of the actions taken in response to each identifiedbreach of limits or variance from predictions;

1.8 a list of any issues, not discussed elsewhere in the report, that must be addressedto improve compliance with these conditions, and the actions that are proposed toaddress any such issues;

1.9 a summary of fulfilment of environmental commitments made for the reportingperiod. This summary must include indication of results of the actionsimplemented and explanation of any failures to achieve such commitments;

1.10 a summary of any community consultation and communication undertaken duringthe reporting period; and

1.11 strategic consideration of potential changes to the activity during the next 12months that may have potential environmental impacts.

Atmospheric

A1 Covering of vehiclesVehicles carrying loads containing material which may blow or spill must be equipped witheffective control measures to prevent the escape of the materials from the vehicles when theyleave The Land or travel on public roads. Effective control measures may include tarpaulinsand load dampening.

A2 Control of dust emissions from plant1 Dust produced by the operation of all crushing and screening plant must be controlled

by the use of one or more of the following methods to the extent necessary to preventenvironmental nuisance:1.1 the installation of fixed water sprays at all fixed crushers and at all points where

crushed material changes direction due to belt transfer;1.2 the installation of dust extraction equipment at all fixed crushers and at all points

where crushed material changes direction due to belt transfer, and theincorporation of such equipment with all vibrating screens;

1.3 the enclosure of the crushing and screening plant and the treatment of atmosphericemissions by dust extraction equipment; and

1.4 any other method that has been approved in writing by the Director.

A3 Control of dust emissionsDust emissions from roads, disturbed areas, storage heaps, and machinery on The Land mustbe controlled to the extent necessary to prevent environmental nuisance.

Blasting

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B1 Blasting timesBlasting on The Land must take place only between the hours of 1000 hours and 1600 hoursMonday to Friday. Blasting must not take place on Saturdays, Sundays or public holidaysunless prior written approval of the Director has been obtained.

B2 Blasting - noise and vibration limits1 Blasting on The Land must be carried out in accordance with blasting best practice

environmental management (BPEM) principles, and must be carried out such that, whenmeasured at the curtilage of the nearest residence (or other noise sensitive premises) inother occupation or ownership, air blast and ground vibration comply with thefollowing:1.1 for 95% of blasts, air blast over pressure must not exceed 115dB (Lin Peak);1.2 air blast over pressure must not exceed 120dB (Lin Peak);1.3 for 95% of blasts ground vibration must not exceed 5mm/sec peak particle

velocity; and1.4 ground vibration must not exceed 10mm/sec peak particle velocity.

2 All measurements of airblast overpressure and peak particle velocity must be carried outin accordance with the methods set down in Technical basis for guidelines to minimiseannoyance due to blasting overpressure and ground vibration, Australian and NewZealand Environment Council, September 1990.

B3 Notification1 All residents within a 1 km radius of the activities on the land must be notified on each

occasion prior to the commencement of blasting on The Land. This notification must begiven at least 24 hours before such blasting is due to occur. In the event that the blast(s)cannot take place at the time specified, or as a result of blasting misfires, the responsibleperson must advise all those residents within 1 km of the activities on the land of therevised time at which blasting will take place.

2 The Director must be notified on each occasion prior to commencement of blasting onthe Land. This notification must be given as early as possible, but at least 24 hoursbefore blasting is due to occur.

3 In the event that the limits stipulated in Condition B2(1.1) and B2(1.3) are exceeded, theDirector must be notified within 48 hours of the blasting event.

B4 Blast Monitoring Plan1 A blast monitoring plan must be submitted to the Director for approval prior to any

blasting on the Land. The blast monitoring plan must be in a format approved by theDirector and must include, without limitation, the following1.1 A monitoring program including the frequency and parameters to be measured;

and1.2 A blast monitoring location map.

2 The approved plan, as amended from time to time with the approval of the Director,must be implemented to the satisfaction of the Director.

Effluent Disposal

E1 Perimeter drains

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1 Perimeter cut-off drains must be constructed at strategic locations on The Land toprevent surface run-off from entering the area used or disturbed in carrying out theactivity. All reasonable measures must be implemented to ensure that sedimenttransported along these drains remains on The Land. Such measures may includeprovision of strategically located sediment fences, and appropriately sized andmaintained sediment settling ponds.

2 Drains must have sufficient capacity to contain run-off that could reasonably beexpected to arise during a 1 in 20 year rainfall event. Maintenance activities must beundertaken regularly to ensure that this capacity does not diminish.

E2 Stormwater1 Polluted stormwater that will be discharged from The Land must be collected and

treated prior to discharge to the extent necessary to prevent serious or materialenvironmental harm, or environmental nuisance.

2 Other stormwater that is released to the downstream environment must be visibly free ofoil, grease and unnatural discolouration and must not be visibly more turbid than thereceiving waters.

3 All reasonable measures must be implemented to ensure that solids entrained instormwater are retained on The Land. Such measures may include provision ofstrategically located sediment fences, and appropriately sized and maintained sedimentsettling ponds.

E3 Maintenance of settling pondsSediment settling ponds must be periodically cleaned out to ensure that the pond designcapacity is maintained. Sediment removed during this cleaning must be securely depositedsuch that sediment will not be transported off The Land by surface run-off.

Fire Management

FM1 Fire management plan1 A Fire Management Plan must be developed in accordance with the requirements of

Tasmania Fire Service. The plan must be submitted to Tasmania Fire Service withinfour months of the date on which these conditions take effect. The Director must beprovided with a copy of the plan and Tasmania Fire Services' approval of the plan.

2 The activity must be undertaken in accordance with the plan which has been approvedin writing by the Tasmania Fire Service and any amendment to the plan approved inwriting by the Tasmania Fire Service.

Flora And Fauna

FF1 Preserving Desmodium gunnii, Hibbertia virgata, Plantago debilis, and Helichrysum aff.leucopsideumUnless otherwise approved in writing by the Director, any areas containing Desmodiumgunnii, Hibbertia virgata, Plantago debilis, and Helichrysum aff. leucopsideum (as indicatedin the EMP) must be fenced, and must not be disturbed or degraded as part of the activity. Anappropriate buffer distance must be maintained between the current outskirts of thesevegetation areas and areas to be disturbed.

FF2 Weed and Plant Pathogen Management Plan1 Unless otherwise approved in writing by the Director, within three months of

commencement of operations, or prior to clearing any vegetation, whichever is thesooner, a Weed and Plant Pathogen Management Plan must be submitted to the Directorfor approval. The Plan must include;

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1.1 measures to control the spread of Phytophthora cinnamomi; and1.2 measures to control weeds on the Land

2 The approved Plan must be implemented to the satisfaction of the Director.

Hazardous Substances

H1 Storage and handling of hazardous materialsUnless otherwise approved in writing by the Director, each environmentally hazardousmaterial held on The Land, including chemicals, fuels and oils, must, as far as practical and tothe satisfaction of the Director, be located within impervious bunded areas or spill trays whichare designed to contain at least 110% of the volume of the largest container.

Noise Control

N1 Operating hours1 Unless otherwise approved by the Director, activities associated with the extraction of

rock, gravel, sand, clay or minerals, and loading of product, and screening/crushingmust not be undertaken outside the hours of 0700 hours to 1900 hours on weekdays and0800 hours to 1200 hours on Saturdays.

2 Notwithstanding the above paragraph, activities must not be carried out on Sundays andpublic holidays that are observed Statewide.

N2 Noise emission limits1 Noise emissions from the activity when measured at any noise sensitive premises in

other ownership and expressed as the equivalent continuous A-weighted sound pressurelevel must not exceed:1.1 45 dB(A) between the hours of 0700 and 1900 (Day time); and1.2 40 dB(A) between the hours of 1900 and 2200 (Evening time); and1.3 35 dB(A) between the hours of 2200 and 0700 (Night time).

2 Where the combined level of noise from the activity and the normal ambient noiseexceeds the noise levels stated above, this condition will not be considered to bebreached unless the noise emissions from the activity are audible and exceed theambient noise levels by at least 5 dB(A).

3 The time interval over which noise levels are averaged must be 10 minutes or analternative time interval specified by the Director.

4 Measured noise levels must be adjusted for tonality, impulsiveness, modulation and lowfrequency in accordance with the Tasmanian Noise Measurement Procedures Manual.

5 All methods of measurement must be in accordance with the Tasmanian NoiseMeasurement Procedures Manual, issued by the Director.

N3 Noise Attenuation1 Unless otherwise approved in writing by the Director, prior to the commencement of

operations, noise attenuation structures must be in place, and maintained, to thesatisfaction of the Director.

2 These structures may be constructed of overburden, and located, as detailed in the EMP.

N4 Noise Survey Requirements1 Unless otherwise approved in writing by the Director

1.1 A noise survey must be carried out within 60 days from the commencement ofoperations and annually thereafter.

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1.2 The survey must include but need not be limited to the following requirements:1.2.1 Measurements must be carried out during the day at each location; and1.2.2 A minimum of five measurement locations must be used, with one location

established as a control location.1.3 Subjective descriptions of the sound at each location must be noted. Details of

meteorological conditions relevant to the propagation of noise must be included.1.4 Measurements must include:

1.4.1 One-third octave and narrow-band spectra over suitably representativeperiods of not less than 1 minute; and

1.4.2 the average equivalent (Leq) and L1, L10, L50, L90 and L99 A-weightedsound pressure levels measured over a period of 10 minutes.

N5 Noise survey report requirements1 A noise survey report must be forwarded to the Director within 30 days from the date

the noise survey is completed.2 The noise survey report must include the following:

2.1 the results and interpretation of the measurements required by these conditions;2.2 a map of the area surrounding the activity with the boundary of The Land,

measurement locations, and noise sensitive premises clearly marked on the map;2.3 any other information that will assist with interpreting the results and whether the

activity is in compliance with these conditions and EMPCA; and2.4 recommendations of appropriate mitigation measures to manage any noise

problems identified by the noise survey.

Rehabilitation

R1 Progressive rehabilitationWorked out or disused sections of The Land must be rehabilitated concurrently withextractive activities on other sections of The Land. Progressive rehabilitation must be carriedout in accordance with the relevant provisions of the Quarry Code of Practice, unlessotherwise approved in writing by the Director. The maximum disturbed area of land whichmay remain, at any time, without rehabilitation is 3.5 hectares.

R2 Notification of cessationThe person responsible for the activity must notify the Director in writing of any event ordecision which is likely to give rise to the permanent cessation of the activity within 14 daysof becoming aware of that event or decision. The notice must specify the date upon which theactivity is expected to cease.

R3 DRP requirementsUnless otherwise approved in writing by the Director, a draft Decommissioning andRehabilitation Plan (DRP) for the activity must be submitted for approval to the Directorwithin 30 days of the Director being notified of the likely cessation of operations. The DRPmust be prepared in accordance with guidelines provided by the Director.

R4 Stockpiling of surface soilPrior to commencement of extractive activities on any portion of The Land all surface soilsmust be removed and stockpiled for later use in rehabilitation of The Land. Topsoil must bekept separate from other overburden and protected from erosion or other disturbance.

R5 Rehabilitation on cessation

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1 Unless otherwise approved in writing by the Director, rehabilitation upon permanentcessation of the activity must be undertaken in accordance with relevant provisions ofthe Quarry Code of Practice and in accordance with the following:1.1 rehabilitation earthworks must be substantially completed within 12 months of

cessation of the activity; and1.2 revegetation must be monitored and maintained for a period of at least three years

after the cessation of the activity after which time the person responsible for theactivity may apply in writing to the Director for a written statement thatrehabilitation has been successfully completed.

R6 Suspension of activity1 During temporary suspension of the activity The Land must be managed and monitored

by the person responsible for the activity to ensure that emissions from The Land do notcause serious environmental harm, material environmental harm or environmentalnuisance.

2 Unless otherwise approved in writing by the Director, if the activity on The Land hassubstantially ceased for 2 years or more rehabilitation of The Land must be carried outin accordance with the requirements of these conditions as if the activity haspermanently ceased.

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Schedule 3: Information

Legal Obligations

LO1 Notification of incidents under s.32 of EMPCA1 A person responsible for an activity that is not a level 2 activity or a level 3 activity

must notify the relevant Council, as soon as reasonably practicable but not later than 24hours, after becoming aware of the release of a pollutant occurring as the result of anyincident in relation to that activity, including an emergency, accident or malfunction, ifthis release causes or may cause an environmental nuisance.

2 A person responsible for an activity that is a level 2 activity or a level 3 activity mustnotify the Director, as soon as reasonably practicable but not later than 24 hours, afterbecoming aware of the release of a pollutant occurring as a result of any incident inrelation to that activity, including an emergency, accident or malfunction, if this releasecauses or may cause an environmental nuisance.

3 A person responsible for an environmentally relevant activity must notify the Director,as soon as reasonably practicable but not later than 24 hours, after becoming aware ofthe release of a pollutant occurring as a result of any incident in relation to that activity,including an emergency, accident or malfunction, if this release causes or may causeserious or material environmental harm.

4 The Director can be notified by telephoning 1800 005 171 (a 24-hour emergencytelephone number).

5 Any notification referred to in subsection (1), (2) or (3) must include details of theincident, its nature, the circumstances in which it occurred and any action that has beentaken to deal with it.

6 This notification can be faxed to the Director on 62 333 800, or delivered by hand.7 Any notification given by a person in compliance with this section is not admissible in

evidence against the person in proceedings for an offence or for the imposition of apenalty (other than proceedings in respect of the making of a false or misleadingstatement).

8 For the purposes of subsections (1), (2) and (3):8.1 a person is not required to notify the Council or the Director of such an incident if

the person has reasonable grounds for believing that the incident has already cometo the notice of the Council or Director or any officer engaged in theadministration or enforcement of this Act; but

8.2 a person is required to notify the Council or the Director of such an incidentdespite the fact that to do so might incriminate the person or make the personliable to a penalty.

9 Any notification given by a person in compliance with this section is not admissible inevidence against the person in proceedings for an offence or for the imposition of apenalty (other than proceedings in respect of the making of a false or misleadingstatement).

LO2 EMPCAThe activity must be conducted in accordance with the requirements of the EnvironmentalManagement and Pollution Control Act 1994 and Regulations thereunder, and in accordancewith the principles of Best Practice Environmental Management. The requirements of thispermit must not be construed as an exemption from any of those requirements or principles.

LO3 Storage and handling of Dangerous Goods

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1 The storage, handling and transport of dangerous goods must comply, as a minimumstandard, with the requirements contained in the relevant State Acts and Regulations,and any subsequent amendments, including:1.1 Dangerous Goods Act 1998;1.2 Dangerous Goods Regulations 1998;1.3 Dangerous Goods (Road and Rail Transport) Regulations 1998;1.4 Workplace Health and Safety Act 1995; and1.5 Workplace Health and Safety Regulations 1998

LO4 Aboriginal relics requirements1 The Aboriginal Relics Act 1975, provides legislative protection to Aboriginal heritage

sites in Tasmania regardless of site type, condition, size or land tenure. Section 14(1) ofthe Act states that; Except as otherwise provided in this Act, no person shall, otherwisethan in accordance with the terms of a permit granted by the Minister on therecommendation of the Director:1.1 destroy, damage, deface, conceal or otherwise interfere with a relic;1.2 make a copy or replica of a carving or engraving that is a relic by rubbing, tracing,

casting or other means that involve direct contact with the carving or engraving;1.3 remove a relic from the place where it is found or abandoned;1.4 sell or offer or expose for sale, exchange, or otherwise dispose of a relic or any

other object that so nearly resembles a relic as to be likely to deceive or becapable of being mistaken for a relic;

1.5 take a relic, or permit a relic to be taken, out of this State; or1.6 cause an excavation to be made or any other work to be carried out on Crown land

for the purpose of searching for a relic.2 If a relic is suspected and/or identified during works then works must cease immediately

and the Tasmanian Aboriginal Land and Sea Council and the Aboriginal HeritageOffice be contacted for advice before work can continue. In the event that damage to anAboriginal heritage site is unavoidable a permit under section 14 of the AboriginalRelics Act 1975 must be applied for. The Minister may refuse an application for apermit, where the characteristics of the relics are considered to warrant theirpreservation.

3 Anyone finding an Aboriginal relic is required under section 10 of the Act to report thatfinding as soon as practicable to the Director of National Parks and Wildlife or anauthorised officer under the Aboriginal Relics Act 1975. It is sufficient to report thefinding of a relic to the Aboriginal Heritage Office to fulfil the requirements of section10 of the Act.

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Attachment 1 - Page 1

Attachment 1

The Land


Attachment 2: Commitments

Potential Impacts Management measure commitments Timeframe

1 Blasting Advise all residents within a 1km radius, (or

as agreed) 24 hours in advance

Monitor blasting at nearest residences to

ensure compliance with standards

Modify blasting practices if required

Every blast (3mths

approx)

Every blast (3mths

approx)

Every blast (3mths

approx)

2 Air Emissions

onsite

Operate water sprays on crushing

equipment Minimise disturbance

Progressive rehabilitation

Watering of internal roads

Quarry roads routinely maintained.

As needed

Ongoing.

Ongoing.

As needed.

As needed

3 Air Emissions

offsite


40 km/h truck speed limit on Flagstaff Road

Road dust suppression.

As needed.

Ongoing.

As needed.

4 Flagstaff Road Upgraded, including road diversion, sealing

part and quarry access.

Progressive


onsite

Maintain attenuation distances to

neighbours. Maintain site vegetation, buffer zones and

vegetation.

Maintain material stockpiles as buffers

Maintain diesel motors to minimise noise.

Ongoing.

Ongoing.

Ongoing.


offsite

Hours of operations to Quarry Code of

Practice.

7.00 am to 7.00 pm Monday to Friday.

8.00 am to 12.00 pm Saturday.

No transportation on Sundays or gazetted

public holidays.

Transport operator not to use engine brakes

unnecessarily.

40 km/h truck speed limit on Flagstaff Road.

Continuous

7 Waste

Management

Install animal proof waste container. Empty

the waste container weekly to an approved

facility.

Start of activity. Weekly.

8 Biodiversity,

Conservation and

Heritage Values

No disturbance of buffer zones and remnant

vegetation.

Implement a weed and Phytophthora

cinnamomi management plan

Progressive rehabilitation with native

vegetation

Ongoing

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