Late Items Agenda of Elected Members' Briefing Session

SUPPLEMENTARY Agenda

SA01 Reconsideration of Conditions - Development Application for 'Industry - Extractive' at Lot 52 (90) Nowergup Road, Nowergup

File Ref: DEV11/1122 – 14/93764

Responsible Officer: A/Director Planning and Sustainability

Disclosure of Interest: Nil

Attachments: 4

Issue

For Council to reconsider Planning Approval conditions for the approved 'Industry – Extractive' at Lot 52 (90) Nowergup Road, Nowergup (DA2011/827).

Applicant	TME Town Planning and Engineering
Owner	Lime Industries Pty Ltd
Location	Lot 52 (90) Nowergup Road, Nowergup
Site Area	20.89 hectares
DPS 2 Zoning	Rural Resource
MRS Zoning	Rural

Background

Council's Previous Decisions

Council at its meeting of 23 July 2013 resolved to refuse the application for "industry – extractive and incidental earth moving equipment training" at Lot 52 (90) Nowergup Road, Nowergup (refer to PS05-07/13). The applicant was aggrieved by Council's decision, and subsequently sought to have the matter determined by the State Administrative Tribunal (SAT). As part of those proceedings, this matter was scheduled for a four day Full Hearing, scheduled to commence on 9 December 2013.

However, as a consequence of an agreement reached between the parties in out-of-session without prejudice discussions, the Full Hearing was adjourned. Following those discussions, the SAT formally invited Council to reconsider its decision from 23 July 2013 pursuant to Section 31 of the State Administrative Tribunal Act 2004.

Council considered this item at its meeting on 10 December 2013 and resolved to defer consideration of the report to a Special Council Meeting on 17 December 2013. Council at that Special Council Meeting resolved to approve this development application subject to conditions (SPS01-12/13).

The applicant has sought the review of certain conditions of the approval issued in December 2013. The conditions which are now the subject of the proceedings before the SAT are outlined in the 'Detail' section below. It is these conditions which are the subject to reconsideration to be undertaken by Council.

SAT Mediation

The conditions that formed the decision of Council were prepared by Administration, together with the City's solicitors, in consultation with the applicant's legal representatives.

During the time the conditions were prepared, no comment was received from the applicant's legal representatives that would indicate a need for Administration to modify the conditions as prepared.

After Council's decision of 17 December 2013 (SPS01-12/13), the applicant expressed grievance with some of the conditions imposed; and therefore, rather than withdraw the matter, the applicant continued to exercise their rights for review through SAT. The matter was subsequently heard at a Directions Hearing on 31 January 2014, where it was resolved that the matter be the subject of Mediation, which occurred on 10 March 2014. It was at this Mediation session that the applicant agreed to provide information to the City, for it to reconsider the conditions imposed.

On 22 April 2014, the applicant provided information to the City. Administration requested additional information to be provided by the applicant. Some additional information was provided on 7 July 2014.

It was then agreed between Administration and the applicant that further Mediation was required.

The City's officers attended a Mediation Hearing at the SAT on 12 August 2014, together with the City's solicitors and experts in geotechnical risk and karstic features and subterranean ecology. As a result of that Mediation hearing, SAT issued Orders on 14 August 2014 that require the applicant to submit further information, and for Council to reconsider its previous decision on or before 14 October 2014.

Detail

Following Council's Planning Approval, the Applicant sought to have the following conditions from Council's decision from 17 December 2013 (SPS01-12/13) reconsidered through the SAT review process:

Geotechnical Risk Assessment and Karstic Features Management Plan

k) Prior to undertaking any excavation on Lot 52, the landowner shall obtain the City’s written approval of a geotechnical risk assessment (Geotechnical Risk Assessment). The Geotechnical Risk Assessment is to:

(i) Further assess the risk of cavities beneath the operational areas of Lot 52;

(ii) Include a geophysical survey carried out by a suitably qualified geophysical consultant using ground penetrating radar;

(iii) If the results of the geophysical survey indicate the presence of any geophysical anomalies, include the results of further investigations into whether cavities are present beneath the operational areas of Lot 52;

l) If cavities are identified as being present, or if further investigations are not undertaken in accordance with (k)(iii) above, excavation within the parts of Lot 52 identified as potentially being impacted by cavities may not occur;

m) Except if the Geotechnical Risk Assessment specifies a different level for safe excavation, no excavation is to occur within 4 metres of the winter maximum groundwater level;

n) Prior to undertaking any excavation on Lot 52, the landowner shall obtain the City’s written approval of a karstic features management plan for the protection of the environmental and ecological values of the karstic features within the subject site (the Karstic Features Management Plan). The Karstic Features Management Plan is to be prepared in accordance with the policies authored or endorsed by the Environment Protection Authority, including but not limited to Environmental Guidance for Planning and Development (Guidance Statement 33) 2008;

o) Development on the subject site shall comply in all respects and at all times with the Geotechnical Risk Assessment, the Karstic Features Management Plan and the report entitled “Investigation of Karst Features Lot 52 Nowergup Road, Nowergup” (the Landform Research Report) included as Attachment 6;

p) In the event of an inconsistency between the Geotechnical Risk Assessment and any condition within, or document referred to in, this approval, the Geotechnical Risk Assessment is to prevail to the extent of that inconsistency;

Access

u) Access to Lot 52 shall be from Nowergup Road where indicated on the site plan, via a sealed crossover designed and constructed to the City's specifications;

w) The route for all haulage vehicles entering and leaving the site shall be via Wanneroo Road and Nowergup Road. Haulage vehicles shall not:

· Exit the property in an easterly direction on Nowergup Road;

· Enter the property by travelling westward along Nowergup Road; or

· Enter or exit the site from Dunstan Road;

Miscellaneous

jj) The landowner is to maintain perimeter security fence around the boundary of Lot 52; and

kk) No peat, landfill, soil, chemical or any other substance or material is to be brought into the site for the purposes of:

i) filling the land to achieve the approved finished contour levels, or

ii) blending it with the limestone extracted; or

iii) manufacturing products or materials from the limestone extracted; or

iv) storage or stockpiling.

Consultation

No further consultation has been undertaken since Council's previous considerations of the proposal.

Comment

Through the SAT process, the applicant has requested reconsideration of the conditions outlined in the 'Detail' section above. For reasons outlined below, Administration has recommended modification to the conditions above as well as any consequential changes necessary to some of the remaining conditions.

Geotechnical Risk and Karstic Features

The City's legal representatives sought the opinion of Douglas Partners (expert on geotechnical risk) to provide their comment on the conditions suggested by the applicant.

Through the subsequent SAT proceedings, Douglas Partners and the applicant's appointed experts in the equivalent field of study participated in joint conferencing and without prejudice discussions. Following those discussions, Douglas Partners formed the view that the geotechnical risks associated with the proposal could be addressed by a modified version of the conditions contained in the approval issued in December 2013. The terms of the conditions, as approved by Douglas Partners, are reflected in the terms of conditions (k), (l) and (m), which are set out under the heading Recommendations below.

Plans and diagrams supporting the above are included as Attachment 1.

The City's appointed expert on karstic features (Subterranean Ecology) is of the view that Condition (n) should still require a Karstic Features Management Plan being prepared (and approved by the City) prior to excavation.

To coincide with the conditions on geotechnical risk and karstic features, Administration also notes that other conditions of Planning Approval be reconsidered or added as follows:

· Condition (h) and (i) is intended to refer to the Environmental Management Plan included as Attachment 2. So as not to avoid confusion with the Karstic Features Management Plan required under Condition (n), Administration recommends that Council reconsider Condition (i), so that the term 'Management Plans' is replaced with the term 'Environmental Management Plan'; and

· Condition (ff) being reconsidered to require an Annual Report to contain additional information as follows:

· a report on the actions taken to ensure compliance with the proposed modifications to condition (l); and

· the results of any investigations or monitoring required by the Karstic Features Management Plan.

· Although the approval has an expiry date as prescribed in Condition (b), some of the remaining conditions (such as revised Condition (k)) may require the applicant to complete certain actions after the date of expiry. The City's legal representatives have recommended an additional condition be included (Condition (nn)) to clarify the applicant's obligation to address the requirements of the conditions after the approval expires.

In light of the above, Administration recommends the following conditions:

h) Development on the subject site shall comply in all respects and at all times with the Environmental Management Plan, included as Attachment 2, and the conditions of this approval;

i) In the event of any inconsistency between these conditions and the Environmental Management Plan, the conditions of Planning Approval will prevail to the extent of any inconsistency;

k) Within 90 days of the completion of excavation operations (or within such other period approved by the Manager Planning Implementation in writing), the landowner shall carry out a geophysical assessment of the excavated floor levels of the site, including the use of ground penetrating radar, to the satisfaction of the City, to verify that there are no adverse stability issues related to the limestone that may compromise future land use.

l) The landowner must ensure that a person who is competent and experienced in identifying karst features shall carry out inspections of the faces and floors of the excavation areas on a daily basis during excavation operations and record the results. If any evidence of a cavity is identified:

(i) all excavation operations in the area potentially affected by the cavity shall immediately cease and must not recommence:

A. until paragraph (ii) of this condition (l) is complied with; and

B. other than in accordance with paragraph (iii) of this condition (l);

(ii) the landowner shall promptly obtain a geotechnical risk assessment of the affected areas from a suitably qualified and experienced geotechnical engineer or engineering geologist (Geotechnical Risk Assessment). The Geotechnical Risk Assessment is to, without limitation:

A. define the area affected by the cavity identified;

B. analyse the risks to human health and property arising from the operations on Lot 52;

C. outline the management strategies and investigations required to reduce the risks to human health and property arising from the operations on Lot 52 to acceptable levels;

D. contain a conclusion regarding whether it is safe for excavation operations to recommence within the area affected by cavities, and if so, the conditions on which those operations should be recommenced; and

E. be provided in draft to the City and, in the event that the City makes comments on the Geotechnical Risk Assessment, the final Geotechnical Risk Assessment is to take those comments into account;

(iii) the landowner must comply in all respects with the Geotechnical Risk Assessment;

m) Within 7 days of a request being made by the City, the landowner must provide the City with copies of its records containing the results of the inspections undertaken pursuant to condition (l);

o) Development on the subject site shall comply in all respects and at all times with the:

(i) The Site Plan included as Attachment 1, including so that:

A. no excavation within the 'proposed pit' occurs below the levels prescribed; and

B. no heavy machinery is operated on the top of the quarry face;

(ii) Karstic Features Management Plan; and

(iii) Geotechnical Risk Assessment, if required by condition (l);

ff) By 31 July each year, a report (Annual Report) shall be submitted to the City that includes, in respect of the period from 1 July to 30 June of the year in question:

(i) the progress of the excavation activities;

(ii) production levels;

(iii) the progress of rehabilitation undertaken and completed;

(iv) the measures taken to suppress and minimise dust;

(v) the measures taken to suppress and minimise noise;

(vi) the number and type of community complaints and responses, and whether and how such complaints have been resolved;

(vii) results of noise, dust and bore monitoring;

(viii) a report on the actions taken to ensure compliance with condition (l); and

(ix) the results of any investigations or monitoring required by the Karstic Features Management Plan;.

nn) For the avoidance of doubt, all conditions of this approval regarding the rehabilitation, closure and future use of the site, or which otherwise requires works to be undertaken following the expiry of this approval, are enforceable notwithstanding the expiration of the approval.

Access (Crossover and Internal Access Road)

When Council considered the proposal at its Special Council Meeting of 17 December 2013, the site plan considered by Council (included as Attachment 5 to SPS01-12/13) indicated the location of a new crossover on the Nowergup Road verge adjacent to Lot 52, as well as an internal access road to connect to that crossover.

The applicant has requested review of this condition, to utilise an existing crossover currently situated on the Nowergup Road verge. Administration did not support the applicant using this crossover, due to its position on the verge of adjoining Lot 1 to the west. The existing crossover would require vehicles to traverse through the north-eastern corner of adjoining Lot 1, on approach to the disturbance area approved on Lot 52 (the reverse applies on exiting the property).

Through the Mediation process, it was agreed that the existing crossover adjoining Lot 1 would not be used, and that the applicant would construct a new crossover which does not require vehicles entering or exiting Lot 52 to encroach into neighbouring lots.

In light of the above, Administration considers that:

· Condition (u) should still require the applicant to access Lot 52 via Nowergup Road on a sealed crossover designed and constructed to the City's specifications. This sealed crossover would be a new construction situated to the east of the existing crossover; and

· Condition (v) – relating to internal access – be modified to ensure that this internal access does not encroach into neighbouring lots.

Therefore, Administration is proposing that Conditions (u) and (v) be reconsidered, and modified as follows:

u) Access to Lot 52 shall be from Nowergup Road and via a sealed crossover, which:

(i) is designed and constructed to the City's specifications; and

(ii) aligns with the access road referred to in condition (v);

v) The access road from Nowergup Road to Lot 52 shall be modified to avoid any encroachment onto adjoining land. The access road from the intersection with Nowergup Road shall be constructed and sealed to ensure dust emissions from machinery and traffic are minimised;

The applicant supports the proposed revisions to Conditions (u) and (v) as drafted above.

Access (Haulage Route)

Both Administration and the applicant agree that the condition currently results in undesirable outcomes, particularly the possible impacts that haulage trucks could have on the properties situated on Gibbs Road. There is no basis to restrict haulage vehicles using Nowergup Road east of Lot 52, as haulage vehicles from other extractive industry sites already use this portion of road.

Therefore, Administration is proposing that Condition (w) is modified as follows:

w) The route for all haulage vehicles entering and leaving the site shall be via Nowergup Road. Haulage vehicles shall not enter or exit the site:

(i) from Dunstan Road; or

(ii) via Gibbs Road;

The applicant supports the proposed revisions to Condition (w) as drafted above.

Miscellaneous (Fencing)

Currently, Condition (jj) requires the applicant to install perimeter security fencing around the boundary of Lot 52.

The applicant has expressed their intention to undertake the following works and fence the subject site in accordance with the 'Concept Fencing and Signage Plan':

· Maintain existing gates and adjacent fencing located at the existing Dunstan Road and Nowergup Road entrances to the site;

· Repair and maintain the post and wire fencing on the eastern boundary of Lot 52, which is currently in poor condition;

· Install and thereafter maintain new post and wire fencing along the southern boundary and portions of the western boundary; and

· Install and maintain signage at selected locations along the boundaries and in the vicinity of the Disturbance Area.

The location of fencing and signage described above is included on the 'Concept Fencing and Signage Plan' included as Attachment 3.

The 'Concept Fencing and Signage Plan' also indicates portions of the western and northern boundaries of Lot 52 that are not proposed to be fenced. The applicant's justification for the omission of fencing on these boundaries is that the existing topography (steep terrain) and dense vegetation are sufficient deterrents for unwarranted access.

The City's Officers have undertaken a site inspection of all lot boundaries of Lot 52. Following the site inspection, Administration agrees that topographical and environmental constraints make it impractical for the applicant to erect fencing on portions of the western and northern lot boundaries. Therefore, Administration is proposing that Condition (jj) is modified as follows:

jj) Prior to the commencement of development, the landowner shall install and maintain fencing and signage in accordance with the 'Concept Fencing and Signage Plan' (included as Attachment 3), to ensure the security and safety of the operational areas within Lot 52;

The applicant supports the proposed revisions to Condition (jj) as drafted above.

Miscellaneous (Materials onsite)

The applicant has requested the City reconsider Condition (kk), to permit the importation of specific chemicals used to treat the limestone extracted on the site.

The applicant has advised Administration that calcium hydroxide, calcium carbonate and molasses are required for the treatment process. Once these products are bought onto the site, they are then generally blended with the extracted limestone on the same day.

Condition (ll) recommended by Administration specifies that 'reasonable quantities' of hydroxide, calcium carbonate and molasses may be bought onto the site. Administration considers 'reasonable quantities' as being the amounts sufficient for the material to be immediately blended with limestone, so that there is no surplus material that is thereafter stored or stockpiled.

Notwithstanding the above, Administration considers that Condition (kk) should still be applied to prevent the following occurring on the land:

· The importation of material onto the site for the purpose of filling the land; or

· The storage and stockpiling of materials not required to support the approved operations on Lot 52.

Therefore, Administration deems it appropriate for condition (kk) to be reworded and expanded into three conditions, as outlined below:

kk) Subject to conditions (ll) and (mm) below, unless otherwise approved by the City in writing, no peat, landfill, soil, chemical or other substance or material is to be brought onto Lot 52 for the purposes of:

(i) filling the land to achieve the approved finished floor levels; or

(ii) manufacturing products or materials from the limestone extracted; or

(iii) storage or stockpiling;

ll) Reasonable quantities of the following materials and substances may be brought onto Lot 52 for the sole purpose of blending with the limestone extracted from Lot 52 for the purpose of manufacturing agricultural lime in accordance with this approval:

(i) Calcium hydroxide;

(ii) Calcium carbonate; and

(iii) Molasses;

mm) The landowner may store on the site the agricultural lime produced by blending the limestone extracted from the site with one or more of the materials and substances referred to in condition (ll), or such other materials approved by the City pursuant to condition (kk), in such quantities as is reasonably required to meet the market demand for its product;

The applicant supports the proposed revisions to Condition (kk), and the proposed addition of Condition (ll) and (mm) as drafted above.

Statutory Compliance

In accordance with Section 31(1) of the State Administrative Tribunal Act 2004, the SAT has invited Council to reconsider the conditions of its decision on or before 14 October 2014.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“4 Civic Leadership - Working with others to ensure the best use of our resources.

4.2 Working With Others - The community is a desirable place to live and work as the City works with others to deliver the most appropriate outcomes.”

Risk Management Considerations

The following options are available to Council in dealing with the SAT’s invitation to reconsider the conditions of its Planning Approval:

1. Advise the applicant and SAT that it is not prepared to reconsider the conditions; or

2. Reconsider the conditions in light of the additional information provided by the applicant and refuse to approve revised conditions as recommended by Administration for stated reasons; or

3. Reconsider the conditions in light of the additional information provided by the applicant, set aside the current conditions in dispute and approve revised conditions as recommended by Administration following consultation with the applicant.

If Council pursues Option 1 or 2, this matter could proceed to a full hearing at SAT, with that Hearing likely to occur later in 2014. Should the matter proceed to a Full Hearing, the SAT could reconsider conditions in dispute, and approve revised conditions that it considers appropriate. This could be a poorer outcome than if Council approves the application subject to revised conditions that Administration considers appropriate.

Policy Implications

State Planning Policy 2.4: Basic Raw Materials (SPP 2.4) applies to this proposal and identifies the subject site as a ‘Priority Limestone Resource’, meaning the resource is of particular significance (due to the amount of resource, its location and/or its quality). SPP 2.4 sets out the matters that Council must consider before determining applications for extractive industry. These include matters such as the significance of the resource; the effect on the environment and agricultural land; the effect of traffic, noise, dust and vibration on the amenity of the surrounding area; and the ability to rehabilitate the land for sequential land use, compatible with long term planning objectives for the area.

Financial Implications

Financial implications would be dependent on the decision of Council and the applicant's further action arising there from.

To date, the City has expended significant legal costs in respect of this SAT matter. Should the matter proceed to a hearing, the City is likely to incur further costs in legal and expert fees. These costs do not include the substantial Administration time involved to date and which will be further required should the matter proceed to full hearing.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ADVISES TME Town Planning Management and Engineering and the State Administrative Tribunal that, pursuant to Section 31 of the State Administrative Tribunal Act 2004, Council has reconsidered its decision of 17 December 2013 relating to the application for an 'Industry – Extractive' (and ancillary earthmoving equipment training) at Lot 52 (90) Nowergup Road, Nowergup and RESOLVES to set aside its previous decision (SPS01-12/13), and APPROVE the revised 'Industry – Extractive' proposal subject to the following conditions:

Terms of this Approval

a) This approval does not permit activities pertaining to “earthmoving equipment training” to be carried out on Lot 52;

b) Subject to the following paragraphs (i) to (iii), this approval shall be valid for a total period of 10 years expiring on 10 December 2023 consisting of two consecutive 5-year periods from the date of issue.

(i) At least 12 months (but not more than 18 months) prior to the end of the first 5 year period of this approval (expiring on 10 December 2018), the landowner shall submit to the City of Wanneroo a report (Compliance Report) outlining compliance with the conditions subject to this approval.

(ii) With the aid of the Compliance Report, the Manager Planning Implementation shall within six months of receiving the Compliance Report, review the landowner's compliance with these conditions (including compliance with any associated plan, permit or direction).

(iii) If the Manager Planning Implementation forms the view (acting reasonably) that the Compliance Report is satisfactory, or if the Manager Planning Implementation does not complete their review within six months of receiving the Compliance Report, the second 5 year period of this approval will commence from the later date of either:

· the expiry of the first five year period; or

· the date 6 months from when the Compliance Report is submitted;

c) If the Manager Planning Implementation forms the view under condition (b)(ii) above (acting reasonably) that the Compliance Report is unsatisfactory or that the landowner's compliance with these conditions is unsatisfactory:

(i) The Manager Planning Implementation shall as soon as possible inform the landowner in writing of the matters considered to be unsatisfactory;

(ii) If those matters are addressed by the landowner to the satisfaction of the Manager Planning Implementation (acting reasonably) prior to the expiry of the first 5 year period, then the second 5 year period will commence in accordance with condition (b)(iii) above;

(iii) Otherwise, the second 5 year period referred to in condition (b) above will not commence unless further planning approval is sought and obtained and all structures, plant, machinery, equipment and other material erected on Lot 52 pursuant to this approval shall be removed no later than 30 June 2019 and the site rehabilitated as outlined in this approval;

Lapsing Period

d) Notwithstanding condition (b) and (c) above, if the development the subject of this approval is not substantially commenced within a period of 24 months from the date of approval, the approval shall lapse and be of no further effect. Where an approval has lapsed, no further development shall be carried out without the further approval of the City having first been sought and obtained;

Boundaries of the Disturbance Area

e) All clearing of vegetation and operations relating to this approval shall be confined within the boundaries of the proposed pits (the Disturbance Area), as indicated on the site plan included as Attachment 1 (Site Plan). No other areas of Lot 52 shall be utilised in a manner subject to this approval without the further planning approval of the City;

Vegetation

f) All necessary permits, licences and permissions (which may include a licence issued under the Wildlife Conservation Act 1950 and/or a permit issued under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004) are to be obtained prior to the commencement of works related to the clearing of vegetation;

Hours of Operation

g) Unless alternative hours are agreed to in writing by Council, the hours of operation for the approved development shall be as follows:

(i) Crushing shall be limited to 0700 – 1700 hours, Monday to Friday (excluding public holidays);

(ii) Loading and movement of trucks into and out of the Site shall be limited to 0700 – 1700 hours, Monday to Friday and 0700 – 1200 on Saturday (excluding public holidays); and

(iii) Clearing, establishment, excavation works and all other operations not referred to in paragraphs (i) and (ii) shall be limited to 0700 – 1700 hours, Monday to Friday and 0700 – 1200 on Saturday (excluding public holidays);

Environmental Management Plan

h) Development on the subject site shall comply in all respects and at all times with the Environmental Management Plan included as Attachment 2, and the conditions of this approval;

i) In the event of any inconsistency between these conditions and the Environmental Management Plan, the conditions of Planning Approval will prevail to the extent of any inconsistency;

j) Any cutting, grinding, chipping or mulching of trade waste vegetation to be utilised for soil stabilisation or dust suppression on the site shall at all times occur within the Disturbance Area. Unless agreed to in writing by the Manager Planning Implementation, trade waste vegetation not utilised on the site shall be disposed of at a landfill site that is acceptable in the opinion of the Manager Planning Implementation;

Geotechnical Risk Assessment and Karstic Features Management Plan

k) Within 90 days of the completion of excavation operations (or within such other period approved by the Manager of Planning Implementation in writing), the landowner shall carry out a geophysical assessment of the excavated floor levels of the site, including the use of ground penetrating radar, to the satisfaction of the City, to verify that there are no adverse stability issues related to the limestone that may compromise future land use;

(i) all excavation operations in the area potentially affected by the cavity shall immediately cease and must not recommence:

A. until paragraph (ii) of this condition (l) is complied with; and

B. other than in accordance with paragraph (iii) of this condition (l);

A. define the area affected by the cavity identified;

B. analyse the risks to human health and property arising from the operations on Lot 52;

C. outline the management strategies and investigations required to reduce the risks to human health and property arising from the operations on Lot 52 to acceptable levels;

E. be provided in draft to the City and, in the event that the City makes comments on the Geotechnical Risk Assessment, the final Geotechnical Risk Assessment is to take those comments into account;

(iii) the landowner must comply in all respects with the Geotechnical Risk Assessment;

m) Within 7 days of a request being made by the City, the landowner must provide the City with copies of its records containing the results of the inspections undertaken pursuant to condition (l);

o) Development on the subject site shall comply in all respects and at all times with the:

(i) The Site Plan included as Attachment 1, including so that:

A. no excavation within the 'proposed pit' occurs below the levels prescribed; and

B. no heavy machinery is operated on the top of the quarry face;

(ii) Karstic Features Management Plan; and

(iii) Geotechnical Risk Assessment, if required by condition (l);

The Geotechnical Risk Assessment is to Prevail

Predictive Contour Plan and Rehabilitation Plan

q) Within 12 months of this approval and thereafter on an annual basis, the landowner shall submit a Predictive Contour Plan and Rehabilitation Plan, to illustrate the intended depth and direction of excavation and extent of rehabilitation in the coming 12-month period;

r) The Disturbance Area shall be progressively rehabilitated when final contour levels and grades for each stage are achieved and within 12 months of the closure of each stage. Such rehabilitation shall be in accordance with an endorsed Rehabilitation Plan;

Post Expiration of this Approval

s) Within six months following the expiration of this approval the landowner shall provide the City a detailed feature and contour survey of the site, and a geotechnical, compaction and stabilisation certification of the excavated floor of each stage;

Ancillary Facilities

t) All ancillary facilities, such as (but not limited to) ablution and lunchroom facilities shall be provided on the site prior to the commencement of operations. Such facilities may be provided outside the Disturbance Area, provided that the development of these facilities would not result in a loss of vegetation that is deemed unacceptable by the Manager Planning Implementation;

Access

u) Access to Lot 52 shall be from Nowergup Road and via a sealed crossover, which:

(i) is designed and constructed to the City's specifications; and

(ii) aligns with the access road referred to in condition (v);

w) The route for all haulage vehicles entering and leaving the site shall be via Nowergup Road. Haulage vehicles shall not enter or exit the site:

(i) from Dunstan Road; or

(ii) via Gibbs Road;

Noise Management

x) The landowner shall ensure that all approved activities are in accordance with the noise management, suppression and mitigation measures contained in the Noise Management Plan (included as Attachment 4) and ensure that the requirements of the Environmental Protection (Noise) Regulations 1997 are complied with at all times;

y) If at any time compliance with the Environmental Protection (Noise) Regulations 1997 cannot be maintained; the operations on site shall immediately cease until such time that operations can comply with the aforementioned Regulations;

z) Within six months of commencement of extraction operations, the landowner shall commission a consultant to assess noise emissions and verify compliance with the Noise Management Plan and requirements of the Environmental Protection (Noise) Regulations and shall submit that consultant’s report to the City. Any recommendations contained in the report shall be undertaken by the landowner within 3 months of the date of the report;

aa) To ensure that the amenity of nearby residences is not unduly interfered with, vehicles, equipment and machinery used on the site (other than trucks collecting limestone or sand from the site) must not use reversing alarms unless those alarms are required for the safe conduct of operations on the site (in accordance with the provisions of the Occupational Safety and Health Regulations 1996 and the Environmental Protection (Noise) Regulations 1997);

bb) Any reversing alarm on any vehicle, piece of equipment or machinery shall be broad-band reversing alarms;

cc) In addition to any other condition, if an officer of the City inspects the site and is satisfied that any of the operations on the site are generating an unreasonable amount of noise, or that any of those operations are not compliant with any of the conditions relating to noise emissions (including non-compliance with the noise management measures contained in the Noise Management Plan), the City may issue a direction requiring any of the following:

(i) Noise monitoring;

(ii) Submission of a noise assessment;

(iii) Submission of an amended noise management plan and implementation of that plan;

(iv) The activities on the site brought into compliance with this approval;

In this condition 'an unreasonable amount of noise' means noise which exceeds the levels assigned by the Environmental Protection (Noise) Regulations 1997.

dd) Crushing of materials shall only occur in the Disturbance Area, which shall be shielded by one or more of the following:

(i) the slopes of natural landforms as they exist prior to the landowner commencing the development subject to this approval; and/or

(ii) constructed bunds, stockpiles and other features as described in the Noise Management Plan;

Complaints and Annual Report

ee) The landowner shall:

(i) Keep a complaints log in which the following is to be recorded:

A. the date and time, where relevant, of each complaint made and received;

B. the means (telephone, email or mail) by which the complaint was made;

C. any personal details of the complainant that were provided or, if no details were provided, a note to that effect;

D. the nature of the complaint (including a description of the operations and the equipment to which the complaint relates);

E. the steps or actions taken in, and the timing of, the response to each complaint, including any follow up contact with the complainant; and

F. if no actions or steps were taken in relation to the complaint/enquiry, the reason(s) why no actions or steps were taken;

(ii) respond as soon as possible, and in any event within three working days, to any complaint received and provide the City with a copy of the response; and

(iii) provide the complaints' log to the City, together with a copy of any complaints received and its response upon request;

ff) By 31 July each year, a report (Annual Report) shall be submitted to the City that includes, in respect of the period from 1 July to 30 June of the year in question:

(i) the progress of the excavation activities;

(ii) production levels;

(iii) the progress of rehabilitation undertaken and completed;

(iv) the measures taken to suppress and minimise dust;

(v) the measures taken to suppress and minimise noise;

(vi) the number and type of community complaints and responses, and whether and how such complaints have been resolved;

(vii) results of noise, dust and bore monitoring;

(viii) a report on the actions taken to ensure compliance with condition (l); and

(ix) the results of any investigations or monitoring required by the Karstic Features Management Plan;

Department Licence

gg) If required, a licence from the Department of Environment Regulation, in accordance with the Environmental Protection Act 1986 and Environmental Protection Regulations 1987 in respect of the:

(i) the site as a prescribed premises for quarrying operations; and

(ii) the use of the crusher on the site for quarrying operations,

must be obtained prior to the commencement of the quarry, crushing or screening operations on site;

Miscellaneous

hh) All activities pertaining to any vehicle or equipment wash-down or servicing shall be confined to a wash down area with a pollutant trap within the Disturbance Area, which shall be provided before any vehicle or equipment wash-down or servicing commences on the site;

ii) No explosives shall be stored on Lot 52 and no blasting shall be carried out without the written approval of the Manager Planning Implementation;

jj) Prior to the commencement of development, the landowner shall install and maintain fencing and signage in accordance with the 'Concept Fencing and Signage Plan' (included as Attachment 3), to ensure the security and safety of the operational areas within Lot 52;

kk) Subject to conditions (ll) and (mm) below, unless otherwise approved by the City in writing, no peat, landfill, soil, chemical or other substance or material is to be brought onto Lot 52 for the purposes of:

(i) filling the land to achieve the approved finished floor levels; or

(ii) manufacturing products or materials from the limestone extracted; or

(iii) storage or stockpiling;

(i) Calcium hydroxide;

(ii) Calcium carbonate; and

(iii) Molasses; and

nn) For the avoidance of doubt, all conditions of this approval regarding the rehabilitation, closure and future use of the site, or which otherwise requires works to be undertaken following the expiry of this approval, are enforceable notwithstanding the expiration of the approval.

2. Subject to 1. above, ADVISES the applicant that:

a) In relation to various conditions contained within item 1. above, the term 'Disturbance Area' refers to the portion of Lot 52 where bounded by the 'Proposed Stage Boundaries' indicated on the site plan included in Attachment 1;

b) Development subject of this approval should only be operated while the landowner/operator holds a licence approved under the City of Wanneroo Extractive Industries Local Law 1998 (Extractive Industry Licence);

c) If the Manager Planning Implementation forms the view (acting reasonably) that any matter identified in the Annual Report is unsatisfactory, the Manager Planning Implementation shall notify the landowner in writing of that matter and may also give direction as to how that matter may be addressed. Details of the landowner’s response to any such notification shall be included in the Compliance Report referred to in item 1(b) above, as well as the Complaints Log and the Annual Report;

d) A reference to legislation or policy includes a reference to that legislation or policy as amended or replaced from time to time; and

e) If required, a licence must be obtained prior to the commencement of the approved development on Lot 52 from the Department of Water, in accordance with the Rights in Water and Irrigation Act 1914 (WA), in respect of the installation of bores;

3. ADVISES submitters of the decision as outlined in item 1, above; and

4. ADVISES the following agencies of its decision outlined in Item 1, above:

a) The Western Australian Planning Commission;

b) The Department of Environment Regulation;

c) The Environmental Protection Authority; and

d) The Department of Water.

Attachments:

1 .	Attachment 1 - Plans to Support Reconsideration of Geotechnical Risk Conditions	14/265142	Minuted
2 .	REVISED Attachment 2 - Submitted Environmental Management Plan	13/109886	Minuted
3 .	Attachment 3 - Concept Fencing and Signage Plan	14/265125	Minuted
4 .	Attachment 4 - Noise Management Plan	12/155871	Minuted