Environmental Authority relating to eppr00185113 Karumba ... · EDL NGD (QLD) Pty Ltd Building 17,...

t n 'fE rn -43 and Resource Management

Chris Buckingham Delegate Department of Environment and Resource Management Environmental Protection Act 1994

01-AUG-2011

Registration certificate

Environmental Protection Act 1994

Registration certificate No: ENRE00840408

This registration certificate is issued by the administering authority and is a replacement document for the original approval issued on: 23-JUL-2004.

The anniversary day for the purposes of the Annual Return remains: 31-JUL.

This registration certificate is a requirement of section 73F of the Environmental Protection Act 1994 and authorises the registered operator to undertake the activity listed below at the following place; subject to the conditions set out in a development approval attached to the premises, or the relevant code of environmental compliance.

Registered Operator:- EDL NGD (QLD) Pty Ltd Building 17 2404 Logan Road EIGHT MILE PLAINS QLD 4113

Development Approval Number:- SPDE00966010

Place:- Lot 1 Plan CP902052, Lot 107 Plan NM130, Lot 71 Plan CP892088, Lot 72 Plan NM54, Lot 81 Plan NM130, Lot 85 Plan CP846496.

Located at:- 110 Yapper Street, KARUMBA QLD 4891.

Registered Activity:- ERA 15 Fuel burning - using fuel burning equipment that is capable of burning at least 500kg of fuel in an hour.

of 1 .AP110314

Department of Environment and Resource Management Queensland Government www.derm.aldmov.au ABN 46 640 294 485

Department of Environment and Resource Management Notice

Change to a development approval

This notice is issued by the Department of Environment and Resource Management pursuant to section 376 of the

Sustainable Planning Act 2009 ("the Act").

EDL NGD (QLD) Pty Ltd Building 17, 2404 Logan Road Eight Mile Plains QLD 4113

Our reference: 225962 (ISA1604/TSV9147)

Re: Request to change a development approval

1. The Chief Executive, Department of Environment and Resource Management (DERM) as assessment manager received a request to change a development approval on 16-SEP-2010.

Details of the development approval for the original application

Assessment Manager reference:

SPDE00966010 (formerly NW0165)

Date original application made or referred to DERM:

9-JAN-2004

Development approval applied for:

Development permit

Aspect(s) of development:

Material change of use of Sustainable Planning premises — For an Regulation 2009 - Schedule DERM ref. no. 225962 DERM environmentally relevant 3, Part 1, Table 2, item 1 Permit No. SPDE00966010 activity

Property/Location description:

Lot 81 & 107 on Plan NM130, Lot 72 on Plan NM54, Lot 85 on Plan CP846496, Lot 71 on Plan CP892088, and Lot 1 on Plan CP902052, Yappar Street Karumba.

Page 1 of 4 • 091217 Department of Environment and Resource Management www.derm.q1d.gov.au ABN 46 640 294 465

• Queensland Government

Notice


Date of decision for the original application and development approval:

23-JAN-2004

3. The decision for the request to change a development approval made on 14-OCT-2010 is to approve the request with conditions.

4. The approved changes to the development approval are as follows.

Conditions to be deleted:

Release of Contaminants to the Atmosphere

(B4) Contaminants resulting from the operation of the sources described in Table 1 of the air schedule must only be released to the atmosphere from those release points specified in Table 1 of the air schedule H.

(B5) Contaminants released from each release point specified in Table 1 of the air schedule must be directed vertically upwards without any impedance or hindrance.

(136) Contaminants must be released to the atmosphere from a release point at a height not less than the corresponding height stated for that release point in Table 1(a) or Table 1(b) of the air schedule.

(87) Contaminants must be released to the atmosphere from a release point at a volume flow rate not less than the corresponding volume flow rate stated for that release point in Table 1(a) or Table 1(b) of the air schedule.

(I38) Contaminants must not be released to the atmosphere from the release point at a mass emission rate in excess of that stated in Table 2 of the air schedule.

(89) The mass emission rate of contaminants released to the atmosphere must be measured: (a) at the frequency stated in Table 1 of Schedule H; and (b) from the monitoring points specified in Table 1 of Schedule H.

(B10) Notwithstanding condition number (138) the mass emission rate from: (a) at least one generator must be monitored annually; and (b) each Generator Unit must be monitored at least once in every 5 Year period.

Schedule B — Table 1(a)

Source Description

Release Point Number

Minimum Release Height (m)

Minimum Flow rate per Generator Unit (m3/s)

Diesel Generating Unit (per unit)

Al or A2 or A3 or A4 or A5

7.2 4.33

Schedule B — Table 1(b)

Source Description

Release Point Number

Minimum Release Height (m)

Minimum Flow rate per Generator Unit (m3 /s)

Diesel Generating Units (combined stack)

B1 40 4.33

Page 2 of 4 091217 Department of Environment and Resource Management

Schedule B — Table 2

Contaminant Release Point Number Mass Emission Rate per Generator Unit

Release Limit Units

NO. as NO2 Al or A2 or A3 or A4 or A5 6.30 g/s Carbon Monoxide (CO) Al or A2 or A3 or A4 or A5 0.87 g/s Total Suspended Particulates

Al or A2 or A3 or A4 or A5 0.054 g/s

Notice


(H2) The holder of this environmental authority must conduct and keep records of a monitoring program of contaminant releases to the atmosphere at the release points, frequency, and for the parameters specified in Schedule H Table 1 and which complies with the following:

(a) Monitoring provisions for the release points listed in Schedule H Table 1 must comply with the Australian Standard AS 4323.1 — 1995 "Stationary source emissions Method 1: Selection of sampling provisions".

(b) The following tests must be performed for each required determination specified in Table 2 of Schedule B:

(i) minimum efflux velocity (m/s); (it) volume flow rate (m3/s); (Hi) temperature (C); and (iv) water vapour concentration.

(c) Where practicable samples taken must be representative of the contaminants released to the atmosphere at maximum operating conditions.

Schedule H — Table 1

Contaminant Release Point Number Frequency NO, as NO2 Al or A2 or A3 or A4 or A5 annually Carbon Monoxide (CO) Al or A2 or A3 or A4 or A5 annually Total Suspended Particulates Al or A2 or A3 or A4 or A5 annually

Conditions to be added

Release of contaminants to the atmosphere

(B4) The release of contaminants to the atmosphere from a point source must only occur from those release points identified in Schedule B Table 1 — Contaminant release limits to air and must be directed vertically upwards without any impedance or hindrance.

(B5) Contaminants must be released to the atmosphere from a release point at a height and flow rate not less than the corresponding height and velocity stated for that release point in Schedule B Table 1 -Contaminant release limits to air.

(B6) Contaminants must not be released to the atmosphere from a release point at a mass emission rate/concentration, as measured at a monitoring point, in excess of that stated in Schedule B Table 1 - Contaminant release limits to air when monitored not less frequently than that specified in Schedule B Table 1 - Contaminant release limits to air.

(B7) Notwithstanding condition number (B6) the mass emission rate/concentration from: (a) at least one generator unit must be monitored annually; and (b) each generator unit must be monitored at least once in every 5 year period.

Page 3 of 4 • 091217 Department of Environment and Resource Management

Notice


(B8) The registered operator of this approval must conduct and keep records of a monitoring program of contaminant releases to the atmosphere at the release points, frequency, and for the parameters specified in Schedule B Table 1 - Contaminant release limits to air and which complies with the following:

(a) Monitoring provisions for the release points listed in Schedule B Table 1 — Contaminant release limits to air must comply with the Australian Standard AS 4323.1 — 1995 'Stationary source emissions Method 1: Selection of sampling provisions' (or more recent editions).

(b) The following tests must be performed for each required determination specified in Schedule B Table 1 — Contaminant release limits to air:

(i) minimum efflux velocity (m/s); (ii) volume flow rate (m%); (iii) temperature CC); and (iv) water vapour concentration.

' (c) Where practicable samples taken must be representative of the contaminants released to the atmosphere at normal operating conditions.

Schedule B Table 1 — Contaminant release limits to air

Release point Minimum release height (m)

Minimum velocity (m/sec)

Contaminant parameter

Maximum release limit (9/s)

Frequency of monitoring

Engine Exhaust Stack Emission Point

7.2 25

NOx as NO2 6.30

Annual Carbon Monoxide 0.87

Total Suspended Particulates

0.054

7. If this notice is given to the person who made the request, or to an entity that gave DERM as the responsible entity a notice under section 373 of the Act or a pre-request response notice, or if this notice is given by DERM as a concurrence agency and the concurrence agency's decision is to refuse the request or approve the request on conditions, such person or entity may appeal against the decision and the attached extract from the Act states how the person or entity may appeal.

Delegate Tim Smith Delegate of the Chief Executive, Department of Environment and Resource Management 14-OCT-2010

Enquiries: Jane Makowski Department of Environment and Resource Management Townsville Regional Office PO Box 5318 Townsville QLD 4810 Phone: 07 4722 5364 Fax: 07 4722 5351 Email: jane.makowskiderm.q1d.clov.au

Attachments

Information Sheet — Appeals — Sustainable Planning Act 2009 (extract from the Sustainable Planning Act 2009)


Queensland Government Environmental Protection Agency Queensland Parks and Wildlife Service

Mt Ise Distect Office PO Box 2316 MOUNT ISA CLD 4825

Phone: (07) 4744 7888 Fax: (07) 4744 7800 mnvw.envild.gov.au ABN: 87221158786

Licence No. NW0165 (without development approval) Section 93 Environmental Protection Act 1994

This licence to carry out an environmental relevant activity is issued In accordance with section 93 of the Environmental Protection Act 1994.

Under the provisions of the Environmental Protection Act 1994 this licence is issued to:

EDL NGD (QLD) Pty Ltd 848 Boundary Road RICHLANDS QLD 4077

t,,

in respect of carrying, out the environmental activity: /C Re lourennq •

17-awl-burning-- Any'process involving the use of fuel ning equipment (including, for example, a standby power generator) that is capable of burning (whether alone or in total) 500 kg or more of fuel per hour

at the following place(s):

Lot 107 & 81 on Plan NM130, Lot 72 on Plan NM54, Lot 85 on Plan CP 846496, Lot 71 on Plan CP 892088, and Lot 1 on Plan CP 902052, County of Norman, Parish of Kimberley.

located at:

Yapper Street, Karumba .

This licence is subject to the conditions set out in the attached schedules.

The anniversary date of this licence Is 31 July

This amended licence takes effect from 23 July 2004.

23 July 2004

Date

Stan Potocki District Manager Delegate of Administering Authority Environmental Protection Act 1994

Note: This licence document Is not proof of the current status of the licence. The current status of the licence may be ascertained by contacting the Environmental Protection Agency.

10/02-C2 This transferred licence takes effect 13 February 2004 Page 1 of 11

Queensland Government Environmental ProtectIon Agency Queensland Parks andWIldllfeServIca

EDL NGD (OLD) My Ltd Licence No. NW0165 ERA 17

Fuel burning

Schedule of conditions The aforementioned description of the ERA for which this authority is issued Is simply a restatement of the activity as prescribed in the legislation at the time of Issuing this authority. Where there is any conflict between the above description of the ERA for which this authority is Issued and the conditions as specified In this authority as to the scale, intensity or manner of carrying out of the ERA, then such conditions prevail to the extent of the inconsistency.

This authority Incorporates the following schedules of conditions relevant to various issues:

• Schedule A - General Conditions • Schedule B - Air • Schedule C - Water • Schedule D - Stormwater Management • Schedule E - Land Application • Schedule F - Noise • Schedule G - Waste Management • Schedule H - Monitoring and Reporting • Schedule I - Definitions • Schedule J - Site Plan

10/02-C2 This amended licence takes effect 23 July 2004 Page 2 of 11

Queensland Government Environmental Protection Agency Queensland Parks and WildllfeSenice

EDL NGD (QLD) Ply Ltd Licence No. NW0165 ERA 17

Fuel burning

Schedule A— General Conditions

Access to Copy of Environmental Authority

(A1) A copy of this environmental authority must be kept in a location readily accessible to personnel carrying out the activity.

Records

(A2) Any record or document required to be kept by a condition of this environmental authority must be kept at the licensed place for a period of at least five years and be available for examination by an authorised person. For daily and weekly records, the record retention requirements of this condition will be satisfied if any daily and weekly records are kept for a period of at least three (3) years and these records are then kept in the form of annual summaries after that period

Alterations

(A3) No change, replacement or operation of any plant or equipment is permitted if the change, replacement or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm above that expressly provided by this environmental authority •

An example of a substantial increase in the risk of environmental harm is an increase of 10% or more In the quantity of the contaminant to be released Into the environment.

Monitoring and Measurements

(A4) All determinations of the quality of contaminants released to the environment and all measurement and reporting of noise levels that are required by this environmental authority must be undertaken by a • person or body possessing appropriate experience and qualifications to perform the required determinations and the required measurements.

(A5) All Instruments and devices used for the measurement or monitoring of any, parameter under any condition of this environmental authority must be calibrated, and appropriately operated and maintained.

Site-Based Management Plan

(A6) The holder of this environmental authority must:

develop and implement a Site-Based Management Plan which provides for the following functions:

(I) Routine operating procedures to prevent or minimise environmental harm; and (II) Maintenance practices and procedures; and (III) Contingency plans and emergency procedures to deal with foreseeable risks and

hazards which Includes but Is not limited to any spillage or leakage associated with the licensed activity; and

(iv) Monitoring of the release of contaminants into the environment; and (v) Assessment of the environmental impact of any releases of contaminants Into the

environment; and (v1) Handling of environmental complaints; and (vii) Keeping and production of environmental records and reports; and (viii) Staff training and awareness of environmental issues.

on or before the commencement of activities, have completed and implemented the Site-Based Management Plan.

10/02-C2 This amended licence takes effect 23 hay 2009 Page 3 of 11

(a)

(b)

Queensland Government Environmental Protection Agency Queensland Parks and Wildlife Service •

EDL NOD (OLD) Ply Ltd Licence No. NW0165 ERA 17

Fuel burning

(A7) A copy of the Site-Based Management Plan must be kept in a location readily accessible to personnel carrying out the activity.

Competency

(AB) The holder of this environmental authority shall ensure that the operation and maintenance of the fuel burning equipment is carried out by or under the supervision of a person competent to operate and maintain the relevant equipment.

END OF CONDITIONS FOR SCHEDULE A.

Schedule B - Air

Fuel Burning

(81) The quantity of fuel burned by any three generators operating simultaneously must not exceed 1050 kg in any one hour period.

(82) The only liquid fuel which may be burned in industrial fuel burning equipment is diesel fuel.

(63) The holder of this environmental authority must ensure that no more than three (3) of the five (5) generating units located on the licensed place are operated simultaneously.

Release of Contaminants to the Atmosphere

(134) Contaminants resulting from the operation of the sources described in Table 1 of the air schedule must only be released to the atmosphere from those release points specified in Table 1 of the air schedule H.

(B5) Contaminants released from each release point specified in Table 1 of the air schedule must be directed vertically upwards without anylmpedance or hindrance.

(B6) Contaminants must be released to the atmosphere from a release point at a height not less than the corresponding height stated for that release point in Table 1(a) or Table 1(b) of the air schedule,

(B7) Contaminants must be released to the atmosphere from a release point at a volume flow rate not less than the corresponding volume flow rate stated for that release point in Table 1(a) or Table 1(b) of the air schedule.

(B8) Contaminants must not be released to the atmosphere from the release point at a mass emission rate in excess of that stated in Table 2 of the air schedule.

(B9) The mass emission rate of contaminants released to the atmosphere must be measured:

a) at the frequency stated in Table 1 of Schedule H; and b) from the monitoring points specified in Table 1 of Schedule H.

(WO) Notwithstanding condition number (88) the mass emission rate from:

a) at least one generator must be monitored annually; and b) each Generator Unit must be monitored at least once in every 5 Year period,

10/02-C2 This amended licence takes effect 23 July 2004 SP

Page 4 of 11

Queensland Government Environmental Protection Agency Queensland Parks and Wildfire Service

EDL NOD (OLD) Pty Ltd Licence No. NW0165 EPA 17

Fuel burning

SCHEDULE B -Table 1(a)

Be elPPS:61RT - a-ilkS01 t-AT4 MINlMUIM REI.SASF --- -r- M FLOrialt0 - fV“c

e.' --n--- '.- La a ne D '-1.= a 7-0( 7- - ---1-fr---t5 E- _____ fr2.-.4 r , __r---- _ = -x. - —2,- GitERAT

-.... _ : -----;: ii _ . . ...-. rt ,-- tr" -.-- 7110M l Diesel Generating Unit (per unit)

Ai or A2 or A3 or A4 or A5

7.2 4.33

SCHEDULE B -Table 1(b)

---- ,r- - 5' vvd•-4-- lin, KE. ig:401.-,,N*M.,--MIE.g112 e.,.---.F,=_- cerr.----* m9 eyms

cHNAS:111:fit 18-

cnElken

at

ivrittINTfUlUM 1::

w-411._ ---',,,,. laatIFTOECr------2.---- —,,.......-gt,,,--

m15EgriPirS ,,, .Thadm-_,m, —

, -,_,Mrt, - ad.-2-eflee-Wtra +._1±3 - -1.'9r-a e------ikm.embEat 'f= Diesel Generating Units (combined stack)

81 40 4.33

SCHEDULE B - TABLE 2

e;CORTAMINA rtg . tr--,A2--.-,---Thr -,_-_,,:;-' ;',FiELEAS PORIM,ItIMBglaKtIEMISSJOSFIAT '=Z

RpFtial, AfpgkUNIT_ -_ ii4A§Ey:,1mm3=-3/4,, } , ',- — ein-NYY - ,_

NO, as NO2 Ai or A2 or A3 or A4 or A5 6.30 g/s Carbon Monoxide (CO)

Al or A2 or A3 or A4 or A5 0.87 g/s

Total Suspended Particulates

Al or A2 or A3 or A4 or A5 0.054 •

g/s.

END OF CONDITIONS FOR SCHEDULE B

Schedule C - Water Release of contaminants to Water

(Ci) The holder of this environmental authority is only permitted to release uncontaminated stormwater from the licensed place to any waters or stormwater drainage system. '

Bunding

(Cl) All petroleum product storage and handling areas must be within a bunded area sufficient to contain at least 100 % of the largest storage tank plus 10 % of the second largest tank within the compound.

(C2) All bunded areas must be constructed and maintained so as to be sufficiently impervious to allow retention and recovery of any materials being stored within the compound.

(C3) All petroleum- product drum storage areas must be bunded so that the capacity of the bund is sufficient to contain at least 25 % of the maximum design storage volume within the bund.

(04) A collection sump must be provided In the floor of any bunded areas to facilitate the removal of liquids. The bund floor must be graded so that the fall is towards the collection sump.

END OF CONDITIONS FOR SCHEDULE C

10102-C2 This amended lIcess takes effect 23 July 2004 Page 5 of11

Queensland Government Environmental Protection Agency Queensland Parks and VEldlifeServIto

EDL NOD (QLD) Ply Ltd Licence No. NW0165 ERA 17

Fuel burning

Schedule D — Stormwater Management

(Di) The holder of this environmental authority must ensure that at least the first 25 mm of stormwater contacting the licensed place during any 24 hour rainfall event is directed to afirst flush collection system.

END OF CONDITIONS FOR SCHEDULE D

Schedule E — Land Application

There are no conditions prescribed for this Schedule.

END OF CONDITIONS FOR SCHEDULE E

Schedule F - Noise

Emission of Noise

(F1) In the event of a complaint being received by the administering authority about noise that the administering authority considers is reasonable, then the emission of noise from the activity must not result in levels greater than those specified in Table 1 of the Noise Schedule except during such • reasonable period as may be required to implement abatement measures, or until the circumstances

.which gave rise to the complaint are resolved.

SCHEDULE F TABLE 1

l Pr,: e O p : 1 i - --,..,.

-Bs .. . 0 .---r .. _ ---

Background noise level plus 5 dB(A) 7 am - 6 pm Background noise level plus 5 dB(A) 6 pm - 10 pm Background noise level plus 3 dB(A) 10 pm - 7 am tgeteMere, a e

teateataantan a if, --a -• s - tel _ -i: —

WY -63

Background noise level plus 8 dB(A) 7 am - 6 pm Background noise level plus 8 dB(A) 6 pm - 10 pm Background noise level plus 5 dB(A) 10 pm - 7 am

END OF CONDITIONS FOR SCHEDULE F

10102-C2 This amended licence takes effect 23 July 2004 17,0

Page 6 of 11

Queensland Government Environmental Protection Agency Queensland Parks and l'IlldlIfeSenIte

EDL NGD (QLD) Pty Ltd Licence No. NW0165 ERA 17

Fuel burning

Schedule G —Waste Management

General

(G-I) The holder of this environmental authority must not:

a) allow waste to burn or be burned at or on the licensed place; nor b) remove waste from the licensed place and burn such waste elsewhere.

Spills

(G2) The holder of this environmental authority must ensure any spillage of fuel or oil on the licensed place Is cleaned up as quickly as practicable by dry methods wherever possible or by other methods using the minimum amount of water to effectively clean the affected'area,

Disposal of Absorbent Material

(G3) The holder of this environmental authority must ensure absorbent materials used to clean up any spillage and any other wastes generated by the clean are disposed of only at premises that can lawfully accept such wastes,

Disposal of Regulated Wastes

(G4) The holder of this environmental authority must ensure that where any regulated waste Is removed from the licensed place it Is transported by an operator who can lawfully accept such wastes.

Off Site Movement

(G5) Where regulated waste Is removed from licensed place (other than by a release as permitted under another schedule of this environmental authority), the holder of this environmental authority must monitor and keep records of the following:

(a) the date, quantity and type of waste removed; and (b) name of the waste transporter and/or disposal operator that removed the waste; and

the Intended treatment/disposal destination of the waste,

END OF CONDITIONS FOR SCHEDULE G

Schedule H — Monitoring and Reporting

Complaint Recording

(111) All complaints received by the holder of this environmental authority relating to releases of contaminants from operations at the licensed place must be recorded and kept with the following details;

a) time, date and nature of complaint; b) type of communication (telephone, etter, personal etc.); c) name, contact address and contact telephone number of complainant

(Note: if the complainant does not wish to be Identified then "Not Identified" Is to be recorded);

d) response and investigation undertaken as a result of the complaint; e) name of person responsible for Investigating complaint; and O action taken as a result of the complaint investigation and signature of

responsible person.

10102-C2 This amended licence takes effect 23 July 2004 Page 7 of 11

Queensland Government Environmental Protection Agency Queensland Parks and Wildlife Service

EDL NOD (OLD) Ply Ltd Licence No. NW9165 ERA 17

Fuel burning

Monitoring of Contaminant Releases to the Atmosphere

(H2) The holder of this environmental authority must conduct and keep records of a monitoring program of contaminant releases to the atmosphere at the release points, frequency, and for the parameters specified in Schedule H Table 1 and which complies with the following:

(a) Monitoring provisions for the release points listed in Schedule H Table 1 must comply with the Australian Standard AS 4323.1 - 1995 "Stationary:source emissions Method 1: Selection of sampling provisions",

(b) The following tests must be performed for each required determination specified in Table 2 of schedule B:

minimum efflux velocity (m/s); (II) volume flow rate (m3/s); (III) temperature CC); and (iv) water vapour concentration.

(c) where practicable samples taken must be representative of the contaminants released to the atmosphere at maximum operating conditions,

Report Submission

(H3) The holder of this environmental authority must ensure that the results of all monitoring performed in accordance with this environmental authority for the period covered by the return are submitted with the Annual Return.

Incident Recording

(114) A record must be maintained of at least the following events:

(a) the time, date and duration of equipment malfunctions where the failure of the equipment resulted In the release of contaminants reasonably likely to cause environmental harm;

(b) any uncontrolled release Qf contaminants reasonably likely to cause environmental harm and (c) -any emergency Involving the release of contaminants reasonably likely-to-cause Material or

serious environmental harm requiring the use of fire fighting equipment,

Notification of Emergencies and Incidents

(H5) Where the holder of this environmental authority has not given notification to the administering authority under section 320 of the Environmental Protection Act, as soon as practicable after becoming aware of any emergency or Incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this environmental authority, the holder of this environmental authority must notify the administering authority of the release by telephone or facsimile.

(H6) Where the holder of this environmental authority has not given notification to the administering authority under section 320 of the Environmental Protection Act, the notification of emergencies or incidents as required by condition number (H5) must include but not be limited to the following:

(a) The holder of the environmental authority; (b) the location of the emergency or incident; (c) the number of the environmental authority; (d) the name and telephone number of the designated contact person; (e) the time of the release; (f) the time the holder of the environmental authority became aware of the release; (g) the suspected cause of the release; (h) the environmental harm and or environmental nuisance caused, or threatened to be caused by

the release; and

10102-C2 This amended licence takes effect 23 July 2004 cS'7 •

Page 8 of 11

Queensland Government Environmental Protection Agency Queensland Parks and Wildlife Sanded

EDL NGD (OLD) Pty Ltd Licence No, NW0165 ERA 17

Fuel burning

actions taken to prevent any further release and mitigate any environmental harm and/or environmental nuisance caused by the release,

(H7) Where the holder of this environmental authority has not given notification to the administering authority under section 320 of the Environmental Protection Act, not more than 14 days following the initial notification of an emergency or incident, the holder of the environmental authority must provide written advice of the information supplied in accordance with condition number (HO) In addition to:

(a) proposed actions to prevent a recurrence of the emergency or incident; and (b) outcomes of actions taken at the time to prevent or minimise environmental harm and/or

environmental nuisance.

Exception Reporting

(HS) The holder of this environmental authority must notify the administering authority in writing within 28 days of completion of analysis of any result of a monitoring program required by a condition of this environmental authority which indicates an exceedance of any limit specified In this environmental authority.

(H9) The written notification required by condition number (H8)labove must Include:

(a) The full analysis results, and (b) Details of investigation or corrective actions taken, and (c) Any subsequent analysis.

SCHEDULE H -Table

C l irigiiM)11 ,----r= aRliffAapaIN -7'-c•-- --,,, 1 PDANPX‘LT-- ----w-,_

aTantiviagRaw-___ .-:-----z--r

NOx as NO2 Al or A2 or A3 or A4 or A5 annually Carbon Monoxide (CO) Al or A2 or A3 or A4 or A5 annually Total Suspended Particulate Al or A2 or A3 or A4 or A5 annually

END OF DEFINITIONS FOR SCHEDULE H

Schedule I - Definitions (Ii) "administering authority" means the Environmental Protection Agency or its successor.

(12) "g/s" means grams per second,

(13) "m/s" means meters per second.

(14) "cubic metre" ("m3") means the volume of dry gaseous contaminant which occupies 1 cubic metre at standard operating exhaust conditions.

(14) "maximum" means that the measured value of the quality characteristic or contaminant must not be greater than the release limit stated.

(15) "LAITI8X BdLT" means the average maximum A-weighted sound pressure level, adjusted for noise character and measured over a time period of not less than 15 minutes, using Fast response.

10102-C2 This amended licence takes effect 23 July 2004 Page 9 of 11

(I)

Queensland Government Environmentat Protection Agency Queensland Parks and Wildlife Service


Fuel burning

(16) "Background noise level" means:

L AgosT being the A-weighted sound pressure level exceeded for 90 percent of the time period of not less than 15 minutes, using Fast response.

(17) "MaxL pA,T" means the maximum A-weighted sound pressure level measured over a time period of not less than 15 minutes, using Fast response.

(18) "noise sensitive place" means -

(a) a dwelling, mobile home or caravan park, residential marina or other residential premises; or (b) a motel, hotel or hostel; or (c) a kindergarten, school, university or other educational institution; or (d) a medical centre or hospital; or (e) a protected area; or (0 a public park or gardens.

(19) "commercial place" means a place used as an office or foi business or commercial purposes.

(110) "licensed place" means the part of lot 81•on Plan NM83 marked on the site plan in Schedule J.

(111) "holder of this environmental authority" means EDL NOD (QLD) Pty Ltd.

(112) "liquid fuel" means a combustible liquid used, or producectfOr use, in

(a) an internal combustion engine; or .(b) stationary fuel burning equipment.

(113) "uncontaminated stormwater" means all:

stormwater run off other than the first 25 mm of stormwater contacting the licensed place during any 24 hour rainfall event; and.

(b) stormwater contained In a bunded area which has not come into contact with contaminants also contained therein,

(114) "regulated waste" means non-domestic waste mentioned in schedule 7 of the Environmental Protection Regulation 1998 (whether or not it has been treated or Immobilised), and includes-

(a) for an element-any chemical compound containing the element; and (b) anything that has contained the waste.

(115) "mm" means millimetres,

END OF CONDITIONS FOR SCHEDULE I

10/02-C2 This amended licerN takes effect 23 July 2004 Page 10 of 11

Queensland Government Environmental Protection Agency Queensland Parks and WIldllfeSeMte


Fuel burning

Schedule J — Site Plan

V DCO5l

rcePSZ

MUM 2

LOOATIoX OP AIR ERASION ODUFAS AT POP& PACILMM KARUMBA

19tH' ou'Alt ccus Aioutiat au MI DUST SUUMfg • Non ST000ete eaccin OUST SCRU53ER OCCII ROTARY la COST SCRIWal LOS) TRAMPER 4CSSa. Icanwf OUST scrmarn

POOR STORM

wou , Two AiY Ai

P...111c. kr: qty lay

END OF ENVIRONMENTAL AUTHORITY

10/02-C2 This amended licence takes effect 23 July 2004 Page 11 of 11

Department of Environment and Resource Management "

Sustainable Planning Act

Appeals

This information sheet is an extract from the Sustainable Planning Act 2009 (Reprint 1A effective 1 January 2010) providing

information on appeals under that Act

Chapter 7, Part 1, Division 8 Appeals to court relating to development applications and approvals

461 Appeals by applicants

(1) An applicant for a development application may appeal to the court against any of the following—

(a) the refusal, or the refusal in part, of the development application;

(b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;

(c) the decision to give a preliminary approval when a development permit was applied for;

(d) the length of a period mentioned in section 341;

(e) a deemed refusal of the development application.

(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant's

appeal period) after—

(a) if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated

decision notice is given to the applicant; or

(b) otherwise—the day a decision notice was required to be given to the'applicant.

(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter

should have been made.

462 Appeals by submitters—general

(1) A submitter for a development application may appeal to the court only against—

(a) the part of the approval relating to the assessment manager's decision about any part of the application requiring impact assessment under section 314; or

(b) the part of the approval relating to the assessment manager's decision under section 327.

(2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the

following—

(a) the giving of a development approval;

(b) any provision of the approval including—

(i) a condition of, or lack of condition for, the approval; or

(ii) the length of a period mentioned in section 341 for the approval.

Page 1 of 7 • 100511 Department of Environment and Resource Management www.derm.q1d.gov.au ABN 46 640 294 486

Queensland Government

Department of Environment and Resource Management

Information sheet

Appeals

(3) However, a submitter may not appeal if the submitter—

(a) withdraws the submission before the application is decided; or

(b) has given the assessment manager a notice under section 339(1)(b)(ii).

(4) The appeal must be started within 20 business days (the submitter's appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications

(1) This section applies to a development application to which chapter 9, part 7 applies.

(2) A submitter of a properly made submission for the application may appeal to the court about a referral agency's response made by a prescribed concurrence agency for the application.

(3) However, the submitter may only appeal against a referral agency's response to the extent it relates to—

(a) if the prescribed concurrence agency is the chief executive (environment)—development for an

aquacultural ERA; or

(b) if the prescribed concurrence agency is the chief executive (fisheries)—development that is—

(i) a material change of use of premises for aquaculture; or

(ii) operational work that is the removal, damage or destruction of a marine plant.

(4) Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—

(a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);

(b) a referral agency's response mentioned in subsection (2).

464 Appeals by advice agency submitters

(1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.

(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about—

(a) any part of the approval relating to the assessment manager's decision about any part of the application requiring impact assessment under section 314; or

(b) any part of the approval relating to the assessment manager's decision under section 327.

(3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.

(4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 Appeals about decisions relating to extensions for approvals

(1) For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the

decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.


Department of Environment

n 4iditiirmiNtiont Information sheet

Appeals

(3) Also, a person who has made a request under section 383 may appeal to the court against a deemed

refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 Appeals about decisions relating to permissible changes

(1) For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—

(a) if the responsible entity for making the change is the assessment manager for the application—

(i) the person who made the request; or

(ii) an entity that gave a notice under section 373 or a pre-request response notice about the request;

(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.

(3) Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the

person.

Chapter 7, Part 1, Division 9 Appeals to court about compliance assessment

468 Appeals against decision on request for compliance assessment

(1) A person to whom an action notice has been given under section 405(5) about a request for compliance assessment of development, a document or work may appeal to the court against the decision in the

notice.

(2) The appeal must be started within 20 business days after the notice is given to the person.

469 Appeals against condition imposed on compliance permit or certificate

(1) A person who is given a compliance permit or compliance certificate subject to any conditions may appeal to the court against the decision to impose the condition.

(2) The appeal must be started within 20 business days after the day the compliance permit or compliance

certificate is given to the person.



Information sheet

Appeals

470 Appeals against particular decisions about compliance assessment

(1) A person to whom any of the following notices have been given may appeal to the court against the decision in the notice—

(a) a notice of a decision on a request to change or withdraw an action notice;

(b) a notice under section 413(2)(c) about a decision to refuse a request to change a compliance permit or compliance certificate.

(2) The appeal must be started within 20 business days after the day the notice is given to the person.

Chapter 7, Part 1, Division 11 Making an appeal to court

481 How appeals to the court are started

(1) An appeal is started by lodging Written notice of appeal with the registrar of the court.

(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied with

subsection (3).

482 Notice of appeal to other parties—development applications and approvals

(1) An appellant under division 8 must give written notice of the appeal to—

(a) if the appellant is an applicant—

(i) the chief executive; and

(ii) the assessment manager; and

(iii) any concurrence agency; and

(iv) any principal submitter whose submission has not been withdrawn; and

(v) any advice agency treated as a submitter whose submission has not been withdrawn; or

(b) if the appellant is a submitter or an advice agency whose response to the development application is treated as a submission for an appeal—


(ii) the assessment manager; and

(iii) any referral agency; and

(iv) the applicant; or

(c) if the appellant is a person to whom a notice mentioned in section 465(1) has been given—


(H) the assessment manager for the development application to which the notice relates; and

OD any entity that was a concurrence agency for the development application to which the notice relates; and

(iv) the person who made the request under section 383 to which the notice relates, if the person is

not the appellant; or



Information sheet

Appeals

(d) if the appellant is a person mentioned in section 466(1)—


(ii) the responsible entity for making the change to which the appeal relates; and

(iii) the person who made the request to which the appeal relates under section 369, if the person is

not the appellant; and

(iv) if the responsible entity is the assessment manager—any entity that was a concurrence agency for the development application to which the notice of the decision on the request relates; or

(e) if the appellant is a person to whom a notice mentioned in section 467 has been given—the entity that gave the notice.

(2) The notice must be given within—

(a) if the appellant is a submitter or advice agency whose response to the development application is treated as a submission for an appeal-2 business days after the appeal is started; or

(b) otherwise-10 business days after the appeal is started.

(3) The notice must state—

(a) the grounds of the appeal; and

(b) if the person given the notice is not the respondent or a co-respondent under section 485—that the person may, within 10 business days after the notice is given, elect to become a co-respondent to the appeal by filing in the court a notice of election in the approved form.

483 Notice of appeals to other parties—compliance assessment

(1) An appellant under division 9 must, within 10 business days after the day the appeal is started, give written notice of the appeal to—

(a) if the appellant is a person to whom an action notice, compliance permit or compliance certificate has

been given—

(i) the compliance assessor who gave the notice, permit or certificate; and

(ii) if the compliance assessor was a nominated entity of a local government and a copy of the request for compliance assessment was given to the local government under section 402—the local government; or

(b) if the appellant is a person to whom a notice mentioned in section 470(1) has been given—

(i) the entity that gave the notice; and

(ii) if the entity that gave the notice was a nominated entity of a local government and the written agreement of the local government was required to give the notice—the local government.

(2) The notice must state the grounds of the appeal.

485 Respondent and co-respondents for appeals under div 8

(1) Subsections (2) to (8) apply for appeals under sections 461 to 464.

(2) The assessment manager is the respondent for the appeal.

(3) If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.

(4) Any submitter may elect to become a co-respondent for the appeal.



Information sheet

Appeals

(5) If the appeal is about a concurrence agency's response, the concurrence agency is a co-respondent for the appeal.

(6) If the appeal is only about a concurrence agency's response, the assessment manager may apply to the court to withdraw from the appeal.

(7) The respondent and any co-respondents for an appeal are entitled to be heard in the appeal as a party to the appeal.

(8) A person to whom a notice of appeal is required to be given under section 482 and who is not the respondent or a co-respondent for the appeal may elect to be a co-respondent.

(9) For an appeal under section 465—

(a) the assessment manager is the respondent; and

(b) if the appeal is started by a concurrence agency that gave the assessment manager a notice under section 385—the person asking for the extension the subject of the appeal is a co-respondent; and

(c) any other person given notice of the appeal may elect to become a co-respondent.


(a) the responsible entity for making the change to which the appeal relates is the respondent; and

(b) if the responsible entity is the assessment manager—

if the appeal is started by a person who gave a notice under section 373 or a pre-request response notice—the person who made the request for the change is a co-respondent; and

(ii) any other person given notice of the appeal may elect to become a co-respondent.

(11) For an appeal under section 467, the respondent is the entity given notice of the appeal.

486 Respondent and co-respondents for appeals under div 9

(1) For an appeal under section 468 or 469—

(a) the compliance assessor is the respondent; and

(b) if the compliance assessor is a nominated entity of a local government and the appeal relates to a matter required by a local government—the local government is a co-respondent.

(2) However, if the appeal is only about a matter required by the local government, the compliance assessor may apply to the court to withdraw from the appeal.


(a) the entity that gave the notice to which the appeal relates is the respondent; and

(b) if the entity mentioned in paragraph (a) is a nominated entity of a local government and the local government did not agree to the request mentioned in section 470(1)—the local government is a co-respondent.

(4) However, if the appeal is only about the local government's refusal of the request, the entity that gave the notice to which the appeal relates may apply to the court to withdraw from the appeal.

488 How an entity may elect to be a co-respondent

An entity that is entitled to elect to be a co-respondent to an appeal may do so, within 10 business days after notice of the appeal is given to the entity, by following the rules of court for the election.



Information sheet

Appeals

489 Minister entitled to be party to an appeal involving a State interest

If the Minister is satisfied an appeal involves a State interest, the Minister may, at any time before the appeal is decided, elect to be a party to the appeal by filing in the court a notice of election in the approved form.

490 Lodging appeal stops particular actions

(1) If an appeal, other than an appeal under section 465, 466 or 467, is started under division 8, the development must not be started until the appeal is decided or withdrawn.

(2) If an appeal is about a condition imposed on a compliance permit, the development must not be started until the appeal is decided or withdrawn.

(3) Despite subsections (1) and (2), if the court is satisfied the outcome of the appeal would not be affected if the development or part of the development is started before the appeal is decided, the court may allow the development or part of the development to start before the appeal is decided.


Environmental Authority relating to eppr00185113 Karumba ... · EDL NGD (QLD) Pty Ltd Building 17,...

Documents

Transcript of Environmental Authority relating to eppr00185113 Karumba ... · EDL NGD (QLD) Pty Ltd Building 17,...