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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
North Stradbroke Island
Protection and Sustainability
and Another Act Amendment
Bill 2013
Queensland
North Stradbroke Island Protection and
Sustainability and Another Act
Amendment Bill 2013
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of North Stradbroke Island Protection and
Sustainability Act 2011
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 2 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 5 (Meaning of North Stradbroke Island Region) 5
6 Amendment of s 9 (Termination of mining lease 1109) . . . . . . . . 5
7 Amendment of s 10 (Particular NSI mining interests not to be
renewed) .................................... 6
8 Amendment of s 11 (Renewal of particular NSI mining leases) . . 6
9 Insertion of new ss 11A-11J . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
11A Mining lease 1120 no longer subject to particular
condition for renewal . . . . . . . . . . . . . . . . . . . . . . . . . 6
11B Mining leases 1105, 1109, 1117 and 1120 can be
renewed ............................ 7
11C Application for renewal of mining leases . . . . . . . . . . 8
11D Decision on application . . . . . . . . . . . . . . . . . . . . . . . 9
11E Provisions about particular leases if renewed . . . . . . 9
11F Limitation of review and appeal . . . . . . . . . . . . . . . . . 10
11G Continuation of lease while application being dealt
with ............................... 10
11H When term of renewed lease starts . . . . . . . . . . . . . . 11
11I When new conditions of renewed lease start . . . . . . . 11
11J Application of Mineral Resources Act not limited . . . . 12
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Contents
10 Amendment of s 14 (Prohibition on grant of NSI mining interest) 13
11 Amendment of s 15 (Purpose of div 3). . . . . . . . . . . . . . . . . . . . . 13
12 Replacement of ss 16 to 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Replacement of environmental authority
MIN100971509 ...................... 13
13 Insertion of new ss 23 and 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
23 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 14
14 Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Schedule 2A Environmental authority EPML00575913
15 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 3 Amendment of Vegetation Management Framework
Amendment Act 2013
16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
17 Amendment of s 47 (Insertion of new pt 2, div 6, sdiv 1A) . . . . . . 41
Page 2
2013
A Bill
for
An Act to amend the North Stradbroke Island Protection and
Sustainability Act 2011 and the Vegetation Management
Framework Amendment Act 2013 for particular purposes
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the North Stradbroke Island 4
Protection and Sustainability and Another Act Amendment 5
Act 2013. 6
Clause 2 Commencement 7
This Act, other than part 3, commences on a day to be fixed 8
by proclamation. 9
Part 2 Amendment of North 10
Stradbroke Island Protection 11
and Sustainability Act 2011 12
Clause 3 Act amended 13
This part amends the North Stradbroke Island Protection and 14
Sustainability Act 2011. 15
Clause 4 Amendment of s 2 (Object of Act) 16
(1) Section 2, from `substantially' to `2025'-- 17
omit, insert-- 18
manage the duration of mining interests over land in 19
the North Stradbroke Island Region, and end mining 20
in the region by the end of 2035 (but allow for 21
Page 4
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 5]
rehabilitation of land in the region to happen up until 1
the end of 2040) 2
(2) Section 2-- 3
insert-- 4
(c) to assist the transition of the economy of the 5
region from reliance on the mining industry 6
to other industries. 7
Clause 5 Amendment of s 5 (Meaning of North Stradbroke Island 8
Region) 9
Section 5, editor's note-- 10
omit, insert-- 11
Editor's note-- 12
The map titled `NSI 1' may be viewed on the 13
department's website at . 14
Clause 6 Amendment of s 9 (Termination of mining lease 1109) 15
(1) Section 9, heading, after `1109'-- 16
insert-- 17
if not renewed 18
(2) Section 9(1), from `, and' to `renewed'-- 19
omit. 20
(3) Section 9(2)-- 21
insert-- 22
Note-- 23
However, see section 11B for mining lease 1109. 24
Page 5
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 7]
Clause 7 Amendment of s 10 (Particular NSI mining interests not to 1
be renewed) 2
(1) Section 10(3)-- 3
insert-- 4
Note-- 5
However, see section 11B for mining lease 1105. 6
(2) Section 10(4), definition relevant NSI mining interest, 7
paragraph (b), second occurring-- 8
renumber as paragraph (c). 9
Clause 8 Amendment of s 11 (Renewal of particular NSI mining 10
leases) 11
(1) After section 11(2)(b)(i)-- 12
insert-- 13
Note-- 14
However, see section 11A for mining lease 15
1120. 16
(2) After section 11(5)-- 17
insert-- 18
Note-- 19
However, see section 11B for mining leases 1117 and 20
1120. 21
Clause 9 Insertion of new ss 11A-11J 22
After section 11-- 23
insert-- 24
11A Mining lease 1120 no longer subject to 25
particular condition for renewal 26
(1) On the commencement of this section, mining 27
lease 1120 is no longer subject to the condition 28
stated opposite the mining lease in schedule 1, 29
column 3. 30
Page 6
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 9]
(2) Subsection (1) applies despite section 11(2)(b)(i) 1
and anything to the contrary in the Mineral 2
Resources Act that applies to the mining lease in 3
relation to that condition. 4
11B Mining leases 1105, 1109, 1117 and 1120 can 5
be renewed 6
(1) This section applies to each of the following 7
mining leases-- 8
(a) 1105; 9
(b) 1109; 10
(c) 1117; 11
(d) 1120. 12
(2) The mining lease can, under sections 11C to 11E, 13
be renewed. 14
(3) Subsection (2) applies-- 15
(a) for mining lease 1105--despite section 16
10(2) and (3); and 17
(b) for mining lease 1109--despite section 9(2); 18
and 19
(c) for mining leases 1117 and 1120--despite 20
section 11(5) and (6); and 21
(d) despite anything to the contrary in the 22
Mineral Resources Act that applies to the 23
mining lease in relation to that condition. 24
(4) Also, to remove any doubt, it is declared 25
subsection (2) applies to mining leases 1117 and 26
1120 despite section 8(3) and (4). 27
Page 7
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 9]
11C Application for renewal of mining leases 1
(1) The holder of mining lease 1105, 1109, 1117 or 2
1120 may, within the renewal period, apply to the 3
Minister for renewal of the mining lease. 4
(2) The application must be-- 5
(a) made in the approved form; and 6
(b) accompanied by the fee prescribed under a 7
regulation; and 8
(c) accompanied by a statement about the 9
following matters-- 10
(i) the term for which the mining lease is 11
sought to be renewed; 12
(ii) for parcels of land the whole or part of 13
which are the subject of the 14
application-- 15
(A) a description of the parcels; and 16
(B) the current use of the land; and 17
(C) the name and address of the owner 18
of the land and the name and 19
address of any other land that may 20
be used to access the land. 21
(3) In this section-- 22
renewal period means the period that is-- 23
(a) at least 6 months, or any shorter period 24
allowed by the Minister, before the current 25
term of the lease expires; and 26
(b) not more than 1 year before the current term 27
expires. 28
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North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 9]
11D Decision on application 1
(1) If the Minister considers that an application 2
under section 11C has been properly made the 3
Minister must renew the relevant mining lease. 4
(2) The renewed lease is subject to-- 5
(a) the conditions stated in section 11E; and 6
(b) any conditions prescribed under a 7
regulation; and 8
(c) any conditions decided by the Minister. 9
(3) As soon as practicable after renewing the lease, 10
the Minister must give the holder a written notice 11
stating-- 12
(a) when the renewal starts; and 13
(b) any conditions decided by the Minister to 14
which the renewed lease is subject. 15
11E Provisions about particular leases if renewed 16
(1) The following apply for any renewal of mining 17
lease 1109-- 18
(a) after 31 December 2015, the winning of a 19
mineral from the place where it occurs in the 20
area of the lease is not an authorised activity 21
for the lease; 22
(b) the mining lease ends at the end of 31 23
December 2020 and can not be renewed 24
beyond that date. 25
(2) The following apply for any renewal of mining 26
lease 1105, 1117 or 1120 if, because of the 27
renewal, the lease ends after 31 December 28
2035-- 29
(a) after 31 December 2035, the winning of a 30
mineral from the place where it occurs in the 31
Page 9
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 9]
area of the lease is not an authorised activity 1
for the lease; 2
(b) the mining lease ends at the end of 31 3
December 2040 and can not be renewed 4
beyond that date. 5
(3) In this section-- 6
authorised activity, for a lease, see the Mineral 7
Resources Act, schedule 2. 8
11F Limitation of review and appeal 9
(1) This section applies in relation to a decision of 10
the Minister made under section 11D. 11
(2) Unless the Supreme Court decides that the 12
decision is affected by jurisdictional error, the 13
decision-- 14
(a) is final and conclusive; and 15
(b) can not be challenged, appealed against, 16
reviewed, or called in question in any other 17
way, under the Environmental Protection 18
Act or any other Act or law (whether by the 19
Supreme Court, or another court, a tribunal 20
or another entity); and 21
(c) is not subject to any declaratory, injunctive 22
or other order of the Supreme Court, another 23
court, a tribunal or another entity on any 24
ground. 25
11G Continuation of lease while application being 26
dealt with 27
(1) Subsection (2) applies, subject to section 11I, 28
if-- 29
(a) a properly made application for renewal of a 30
mining lease under section 11C is not 31
Page 10
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 9]
withdrawn or granted before the lease's 1
expiry day ends; and 2
(b) after the expiry day, the holder-- 3
(i) continues to pay rental on the lease and 4
other amounts required to be paid 5
under the Mineral Resources Act; and 6
(ii) otherwise complies with this Act and 7
the lease conditions. 8
(2) The lease continues in force subject to the rights, 9
entitlements and obligations in effect 10
immediately before the end of the expiry day 11
until the application is withdrawn, refused or 12
granted. 13
(3) In this section-- 14
expiry day, for a mining lease, means the day the 15
lease expires under its terms. 16
11H When term of renewed lease starts 17
(1) If, under section 11D, a mining lease (other than 18
mining lease 1109) is renewed before its expiry 19
day ends, the term of the renewed lease starts on 20
the day after the expiry day. 21
(2) If the lease is renewed after the expiry day, the 22
term of the renewed lease is taken to have started 23
on the day after the expiry day. 24
(3) In this section-- 25
expiry day, for a mining lease, means the day the 26
lease expires under its terms. 27
11I When new conditions of renewed lease start 28
(1) If a renewed mining lease is subject to conditions 29
(the new conditions) different from, or not 30
included in, the lease conditions applying 31
Page 11
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 9]
immediately before its renewal, the new 1
conditions apply from the later of the 2
following-- 3
(a) the start of the term of the renewed lease; 4
(b) the day the renewal is granted. 5
(2) However, if the lease is continued in force under 6
section 11G the holder must pay rental on the 7
lease from the day after its expiry day at the rate 8
that would have been payable, from time to time, 9
if the renewed mining lease had been renewed on 10
the day after the expiry day. 11
(3) Subsection (2) applies even though payment of 12
rental may be a condition of the lease. 13
11J Application of Mineral Resources Act not 14
limited 15
(1) Subject to section 11E, the renewal of a mining 16
lease under section 11D does not limit the 17
application of any provisions of the Mineral 18
Resources Act to the renewed mining lease, 19
including, for example, provisions about 20
cancelling a mining lease or reducing its area. 21
(2) To remove any doubt, it is declared that a 22
reference to a mining lease renewed under 23
section 11D is taken to be a reference to a mining 24
lease-- 25
(a) originally granted under the Mineral 26
Resources Act, but renewed under this Act; 27
and 28
(b) to which the Mineral Resources Act 29
continues to apply under this section. 30
Page 12
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 10]
Clause 10 Amendment of s 14 (Prohibition on grant of NSI mining 1
interest) 2
Section 14-- 3
insert-- 4
(2) Subsection (1) does not apply to the renewal of a 5
mining lease under section 11D. 6
Clause 11 Amendment of s 15 (Purpose of div 3) 7
Section 15, `amendment'-- 8
omit, insert-- 9
replacement and further amendment 10
Clause 12 Replacement of ss 16 to 21 11
Sections 16 to 21-- 12
omit, insert-- 13
17 Replacement of environmental authority 14
MIN100971509 15
(1) On the commencement of this section, 16
environmental authority MIN100971509, issued 17
under the Environmental Protection Act, is 18
replaced by the environmental authority shown in 19
schedule 2A (the new authority). 20
(2) The new authority is taken to be an 21
environmental authority for the Environmental 22
Protection Act. 23
(3) The replacement does not limit the application of 24
any provisions of the Environment Protection Act 25
to the new authority. 26
Clause 13 Insertion of new ss 23 and 24 27
Part 3-- 28
insert-- 29
Page 13
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
23 Approved forms 1
(1) The chief executive may approve forms for use 2
under this Act. 3
(2) A form may be approved for use under this Act 4
that is combined with, or is to be used together 5
with, an approved form under another Act. 6
24 Regulation-making power 7
(1) The Governor in Council may make regulations 8
under this Act. 9
(2) A regulation may be made about the following 10
matters-- 11
(a) the fees to be paid under this Act; 12
(b) the conditions which may be imposed for 13
the renewal of a mining lease under section 14
11D. 15
Clause 14 Insertion of new sch 2A 16
After schedule 2-- 17
insert-- 18
Schedule 2A Environmental 19
authority 20
EPML00575913 21
section 17 22
Page 14
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
1
Department of Environment and Heritage Protection
Permit1
Environmental Protection Act 1994
Environmental authority
This environmental authority is issued by the administering authority under Chapter 5 of the Environmental Protection Act
1994.
Permit1 number: EPML00575913
The anniversary date of this environmental authority is 30 April. An annual return and the payment of the annual
fee which is currently $26,496.00 will be due each year on this day.
Environmental authority holder(s)
Name Registered address
Stradbroke Rutile Pty Ltd 100 Eastern Parade
T/A Stradbroke Rutile Pty Ltd GILLMAN SA 5013
Environmentally relevant activity and location details
Environmentally Location(s) Description
relevant activity(ies)
Mining - ML mineral ML1159, ML1164, ML 1121 North Stradbroke Island - Gordon Mine (20 kms south
sand of Dunwich)
ML1123 North Stradbroke Island - Vance Mine (4 kms north
east of Dunwich)
ML1109, ML1122. North Stradbroke Island - Yarraman Mine (2kms south
west of Point Lookout)
ML1117, ML1121, ML1174, North Stradbroke Island - Ibis Mine (3 kms south east
ML1175. of Dunwich)
ML1105, ML1113, ML1117, North Stradbroke Island - Enterprise Mine (5 kms
ML1119, ML1120, ML1129, south east of Dunwich)
ML1130, ML1153, ML1162,
ML1163, ML1116
ML 1140, ML1117, ML1105, North Stradbroke Island - Bayside Mine (Approx 2 km
ML1119, ML1153, ML1162, south of Dunwich)
ML1163.
ML1112, ML1160, ML1172. North Stradbroke Island - Amity (1.5 kms south east of
Amity)
ML1103, ML1118. North Stradbroke Island - Dunwich
Additional information for applicants
Environmentally relevant activities
____________________________
1
Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation
Page 1 of 25 · GK130701 · EM797 · Version 1
Department of Environment and Heritage Protection
www.ehp.qld.gov.au ABN 46 640 294 485
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North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
1
Permit
Environmental authority
The description of any environmentally relevant activity (ERA) for which an environmental authority is issued is
a restatement of the ERA as defined by legislation at the time the approval is issued. Where there is any
inconsistency between that description of an ERA and the conditions stated by an environmental authority as to
the scale, intensity or manner of carrying out an ERA, then the conditions prevail to the extent of the
inconsistency.
An environmental authority authorises the carrying out of an ERA and does not authorise any environmental
harm unless a condition stated by the authority specifically authorises environmental harm.
A person carrying out an ERA must also be a registered suitable operator under the Environmental Protection
Act 1994 (EP Act).
Contaminated land
It is a requirement of the EP Act that if an owner or occupier of land becomes aware a notifiable activity (as
defined in Schedule 3 and Schedule 4) is being carried out on the land, or that the land has been, or is being,
contaminated by a hazardous contaminant, the owner or occupier must, within 22 business days after becoming
so aware, give written notice to the chief executive.
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North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
1
Permit
Environmental authority
Obligations under the Environmental Protection Act 1994
In addition to the requirements found in the conditions of this environmental authority, the holder must also meet
their obligations under the EP Act, and the regulations made under the EP Act. For example, the holder must
comply with the following provisions of the Act:
x general environmental duty (section 319)
x duty to notify environmental harm (section 320-320G)
x offence of causing serious or material environmental harm (sections 437-439)
x offence of causing environmental nuisance (section 440)
x offence of depositing prescribed water contaminants in waters and related matters (section 440ZG)
x offence to place contaminant where environmental harm or nuisance may be caused (section 443)
Conditions of environmental authority
Location:
Land description: ML1103; ML1105; ML1109; ML1112; ML1113; ML1116; ML1117; ML1118; ML1119; ML1120;
ML1121; ML1122; ML1123; ML1129; ML1130; ML1140; ML1153; ML1159; ML1160; ML1162; ML1163;
ML1164; ML1172; ML1174; ML1175.
Relevant activity/ies:
Mining - ML mineral sand
The environmentally relevant activity(ies) conducted at the location as described above must be conducted in
accordance with the following site specific conditions of approval.
Agency Interest: General
General
Condition Conditions
Number
G1 This environmental authority authorises environmental harm referred to in the
conditions. Where there is no condition or this environmental authority is silent on a
matter, the lack of a condition or silence does not authorise environmental harm.
G2 In carrying out the mining activity authorised by this environmental authority on ML1120,
ML1117 and ML1105, disturbance of land:
(a) may occur in the areas marked `A' on the map (SP-925A) that is annexure A to this
environmental authority;
(b) must not occur in the areas marked `B' on the map (SP-925A) that is annexure A to
this environmental authority; and
(c) may occur in the areas marked `C' on the map (SP-925A) that is annexure A to this
environmental authority, but only in accordance with condition (G5).
G3 In carrying out the mining activity authorised by this environmental authority on ML1109,
disturbance of land must not be conducted within a Category A or B environmentally
sensitive area
G4 The holder of this environmental authority must:
(a) install all measures, plant and equipment necessary to ensure compliance with the
Page 17
North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
1
Permit
Environmental authority
conditions of this environmental authority
(b) maintain such measures, plant and equipment in a proper and efficient condition
(c) operate such measures, plant and equipment in a proper and efficient manner
(d) ensure all instruments and devices used for the measurement or monitoring of any
parameter under any condition of this environmental authority are properly
calibrated.
G5 The holder of this environmental authority must prepare a management plan for the
area marked 'C' on the map that is annexure A to this environmental authority for
approval by the administering authority.
The management plan must:
(a) identify the environmental value(s) of the area marked 'C' on the map that is
annexure A to this environmental authority and their location within ML1117;
(b) provide an assessment of the potential adverse and beneficial impacts of the mining
activity on the environmental value(s) identified in (a) above;
(c) use the principles in the risk management system referred to in condition G13 to
state the control measures to protect the environmental value(s) and the key
environmental value(s);
(d) state trigger level(s) for indicators1 of potential impacts on the environmental
value(s) and key environmental values - the trigger level(s) must be set to alert
the holder of this environmental authority of potential environmental harm prior
to any unauthorised environmental harm occurring; and
(e) include:
(i) details of the level and nature of stakeholders(s) consultation
undertaken during the development of the management plan; and
(ii) a summary of the concerns and interest raised by stakeholder(s).
The administering authority must approve or refuse the management plan within 20
business days of being submitted to the administering authority.
Disturbance of land on the area marked 'C' on the map that is annexure A to this
environmental authority:
(f) must not commence unless the management plan is approved by the administering
authority; and
(g) must be carried out in accordance with the approved management plan.
1
NOTE: Indicators could include water level, water quality, stability, abundance of a significant species,
variance between pre and post mining landform, concentrations of a contaminant in air, water or soil, indicators
of impacts on an environmental value(s) between pre-mining activity and post-mining activity, but on the
basis that they take account of naturally occurring variations in the environmental value(s).
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North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
1
Permit
Environmental authority
Monitoring
G6 Except where specified otherwise in another condition of this environmental authority,
all monitoring records or reports required by this environmental authority must be kept
for a period of not less than 5 years.
G7 A monitoring program must be conducted within the zone of impact to monitor any
potential environmental harm.
G8 A written monitoring plan that describes the monitoring program must be prepared and
maintained. The written monitoring plan must include as a minimum:
(a) locations for monitoring/sampling;
(b) parameters monitored;
(c) frequency of monitoring/sampling; and
(d) trigger level(s) for each location.
G9 The written monitoring plan must be submitted to the administering authority by 31 May
each year.
G10 The monitoring plan must include a process for dealing with the exceedance of the
trigger level(s) including the following steps:
(a) evaluation of the risk associated with the exceedance in accordance with the risk
treatment process;
(b) implementation of the actions arising from the risk treatment process which may
include measures to prevent unauthorised environmental harm; and
(c) an obligation to notify the administering authority of the exceedance as soon as
practicable and to notify the outcome of the risk treatment process.
Financial Assurance
G11 The activity must not be carried out until the holder of this environmental authority has
given financial assurance to the administering authority as security for compliance with
this environmental authority and any costs or expenses, or likely costs or expenses,
mentioned in section 298 of the Act.
G12 The amount of financial assurance must be reviewed by the holder of this
environmental authority when a plan of operations is amended or replaced or the
authority is amended.
Risk management
G13 The holder of this environmental authority must develop and implement a risk
management system for mining activities which mirrors the content requirement of the
Standard for Risk Management (ISO31000:2009), or the latest edition of an Australian
standard for risk management, to the extent relevant to environmental management, by
no later than 3 months from the date this environmental authority takes effect
Notification of emergencies, incidents and exceptions
G14 The holder of this environmental authority must notify the administering authority by
written notification within 24 hours, 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.
G15 Within 10 business days following the initial notification of an emergency or incident, or
receipt of monitoring results, whichever is the latter, further written advice must be
provided to the administering authority, including the following:
(a) results and interpretation of any samples taken and analysed.
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North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 2 Amendment of North Stradbroke Island Protection and Sustainability Act 2011
[s 14]
1
Permit
Environmental authority
(b) outcomes of actions taken at the time to prevent or minimise unlawful
environmental harm.
(c) proposed actions to prevent a recurrence of the emergency or incident.
Complaints
G16 The holder of this environmental authority must record all environmental complaints
received about the mining activities including:
(a) name, address and contact number for of the complainant
(b) time and date of complaint
(c) reasons for the complaint
(d) investigations undertaken
(e) conclusions formed
(f) actions taken to resolve the complaint
(g) any abatement measures implemented
(h) person responsible for resolving the complaint.
G17 The holder of this environmental authority must, when requested by the
administering authority, undertake relevant specified monitoring within a reasonable
timeframe nominated or agreed to by the administering authority to investigate any
complaint of environmental harm. The results of the investigation (including an analysis
and interpretation of the monitoring results) and abatement measures, where
implemented, must be provided to the administering authority within 10 business days
of completion of the investigation, or no later than 10 business days after the end of the
timeframe nominated by the administering authority to undertake the investigation.
Third Party Reporting
G18 The holder of this environmental authority must:
(a) within 1 year of the commencement of this environmental authority, obtain from
an appropriately qualified person a report on compliance with the conditions of
this environmental authority;
(b) obtain further such reports at regular intervals, not exceeding 3 yearly intervals,
from the completion of the report referred to above; and
(c) provide each report to the administering authority within 90 days of its
completion.
G19 Where a condition of this environmental authority requires compliance with a standard,
policy or guideline published externally to this environmental authority and the standard
is amended or changed subsequent to the issue of this environmental authority, the
holder of this environmental authority must:
(a) comply with the amended or changed standard, policy or guideline within 2 years of
the amendment or change being made, unless a different period is specified in the
amended standard or relevant legislation, the time specified in that condition;
(b) until compliance with the amended or changed standard, policy or guideline is
achieved, continue to remain in compliance with the corresponding provision that
was current immediately prior to the relevant amendment or change.
Annual Environmental Report
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G20 An Annual Environmental Report (AER) that assesses the environmental performance of
the holder of this environmental authority must be submitted to the administering
authority at each annual return. The report must address:
(a) Status of compliance with the conditions of the environmental authority;
(b) Monitoring results and their conformance with the trigger level(s); and
(c) Details of environmental incidents and complaints.
Agency Interest: Air
Dust Nuisance
A1 When requested by the administering authority, dust and particulate monitoring must
be undertaken within a reasonable and practicable timeframe nominated by the
administering authority to investigate any complaint (which is neither frivolous nor
vexatious nor based on mistaken belief in the opinion of an authorised person) of
environmental nuisance at any sensitive place, and the results must be notified within
fourteen (14) days to the administering authority following completion of monitoring.
Point Source Releases to Air / Dust and Particulate Monitoring
A2 The holder of this environmental authority shall ensure that all reasonable and
feasible avoidance and mitigation measures are employed so that the dust and
particulate matter emissions generated by the mining activities do not cause
exceedances of the following levels when measured at any sensitive or commercial
place:
(a) Dust deposition of 120 milligrams per square metre per day, averaged over 1
month, when monitored in accordance with the most recent version of Australian
Standard AS3580.10.1 Methods for sampling and analysis of ambient air--
Determination of particulate matter--Deposited matter - Gravimetric method.
(b) A concentration of particulate matter with an aerodynamic diameter of less than 10
micrometres (PM10) suspended in the atmosphere of 50 micrograms per cubic
metre over a 24-hour averaging time, for no more than 5 exceedances recorded
each year, when monitored in accordance with the most recent version of either:
1. Australian Standard AS3580.9.6 Methods for sampling and analysis of ambient
air--Determination of suspended particulate matter--PM10 high volume sampler
with size-selective inlet - Gravimetric method; or
2. Australian Standard AS3580.9.9 Methods for sampling and analysis of ambient
air--Determination of suspended particulate matter--PM10 low volume sampler--
Gravimetric method.
(c) A concentration of particulate matter with an aerodynamic diameter of less than 2.5
micrometres (PM2.5) suspended in the atmosphere of 25 micrograms per cubic
metre over a 24-hour averaging time, when monitored in accordance with the most
recent version of AS/NZS3580.9.10 Methods for sampling and analysis of ambient
air--Determination of suspended particulate matter--PM (sub)2.5(/sub) low
volume sampler--Gravimetric method.
(d) A concentration of particulate matter suspended in the atmosphere of 90
micrograms per cubic metre over a 1 year averaging time, when monitored in
accordance with the most recent version of AS/NZS3580.9.3:2003 Methods for
sampling and analysis of ambient air--Determination of suspended particulate
matter--Total suspended particulate matter (TSP)--High volume sampler
gravimetric method.
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Agency Interest: Waste Management
WM1 Unless otherwise permitted by the conditions of this environmental authority or with
prior approval from the administering authority and in accordance with a relevant
standard operating procedure, waste must not be burnt.
WM2 The holder of this environmental authority may burn vegetation cleared in the course
of carrying out extraction activities provided the activity does not cause environmental
harm at any sensitive place or commercial place.
Tailings Disposal
WM3 The disposal of zircon mags must be at least 10 metres below final rehabilitation
constructed landform.
WM4 The trigger level for radiation is 0.12µSv per hour above background, at one (1) metre
above ground level.
WM5 Radiation levels must be monitored at the dry mill tailings disposal areas within one (1)
month of the completion of the final constructed landform reshaping activities.
Agency Interest: Noise
Noise Nuisance
N1 When requested by the administering authority, noise monitoring must be undertaken
within a reasonable and practicable timeframe nominated by the administering
authority to investigate any complaint (which is neither frivolous nor vexatious nor based
on mistaken belief in the opinion of an authorised person) of environmental nuisance
at any sensitive place or commercial place, and the results must be notified within
fourteen (14) days to the administering authority following completion of monitoring.
Noise limits
N2 The holder of this environmental authority must ensure that noise generated by the
mining activities does not cause the criteria in Table N1 - Noise limits to be exceeded at
a sensitive place or commercial place.
Table N1 - Noise limits
Sensitive Place
Noise Monday to Saturday Sundays and Public
level Holidays
dB(A) 7am to 6pm to 10pm to 9am to 6pm to 10pm to
measure 6pm 10pm 7am 6pm 10pm 9am
d as:
LAeq, CV = 50 CV = 45 CV = 40 CV = 45 CV = 40 CV = 35
adj, 15 AV = 5 AV = 5 AV = 0 AV = 5 AV = 5 AV = 0
mins
LA1, adj, CV = 55 CV = 50 CV = 45 CV = 50 CV = 45 CV = 40
15 mins AV = 10 AV = 10 AV = 5 AV = 10 AV = 10 AV = 5
Commercial Place
Noise Monday to Saturday Sundays and Public
level Holidays
dB(A) 7am to 6pm to 10pm to 7am to 6pm to 10pm to
measure 6pm 10pm 7am 6pm 10pm 7am
d as:
LAeq, CV = 55 CV = 50 CV = 45 CV = 50 CV = 45 CV = 40
adj, 15 AV = 10 AV = 10 AV = 5 AV = 10 AV = 10 AV = 5
mins
Table N1 - Noise limits notes:
1. CV = Critical Value
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2. AV = Adjustment Value
3. To calculate noise limits in Table N1:
If bg (CV - AV):
Noise limit = bg + AV
If (CV - AV) < bg CV:
Noise limit = CV
If bg > CV:
Noise limit = bg + 0
4. In the event that measured bg (LA90, adj, 15 mins) is less than 30 dB(A), then 30
dB(A) can be substituted for the measured background level
5. bg = background noise level (LA90, adj, 15 mins) measured over 3-5 days at the
nearest sensitive receptor
6. If the project is unable to meet the noise limits as calculated above alternative limits
may be calculated using the processes outlined in the "Planning for Noise Control"
guideline.
Agency Interest: Groundwater
GW1 The holder of this environmental authority must develop and implement, an ongoing
Groundwater Monitoring Program (GMP) as part of mine planning and the mining
activity.
GW2 The GMP must comply with the following requirements:
(a) the development of a suitable groundwater monitoring network (i.e bores/
piezometers), to monitor the level and flow of groundwater potentially impacted by
the ongoing mining activity;
(b) pre-mining activity conceptual modelling;
(c) pre-mining activity predictive groundwater computer models;
(d) standing water levels and total well depths in metres must be measured and
recorded during each monitoring event and must be reported as the depth in
metres from the top edge of the highest point of the casing collar to the water
surface within the bore;
(e) groundwater level trends and flows must be compared to groundwater models for
model verification and confirmation or reassessment of groundwater level and flow
predictions; and
(f) evaluation of the risk of changes in groundwater levels and flows including
appropriate modifications to the mine path and control measures to appropriately
manage water levels to prevent or minimise environmental harm.
GW3 The groundwater monitoring network referred to in condition GW2 must:
(a) be installed and maintained by an appropriately qualified person; and
(b) be constructed in accordance with the Agriculture and Resource Management
Council of Australia and New Zealand manual titled Minimum Construction
Requirements for Water Bores in Australia, Edition 2, Revised September 2003, or
more recent editions or supplements to that document as such become available.
GW4 Any record made of the results of groundwater monitoring made in accordance with
conditions GW2 and GW3 must be kept for not less than fifteen (15) years from the date
the record was made.
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GW5 The holder of this environmental authority must ensure that the groundwater
monitoring data gathered in accordance with this environmental authority is analysed
and interpreted to assess the nature and extent of any environmental harm from the
mining activity. The assessment must also include, but not be limited to, the location,
nature (confined, unconfined etc.) of each aquifer, define groundwater contours and
indicate direction of flow. The data collation, analysis and assessment must be conducted
by an appropriately qualified person and must be submitted to the administering
authority upon request.
Agency Interest: Land and rehabilitation
L1 Rehabilitation must commence progressively in accordance with the plan of operations.
Rehabilitation acceptance criteria
L2 All land disturbed by the mining activity must be rehabilitated as native bushland to
ensure sustainable natural ecosystems at the point of progressive certification and
surrender.
L3 All land disturbed by the mining activity must be free from waste (excluding tailings
generated from the mining activity that is used to construct landform).
Landform
L4 All constructed landform built pre- 1 January 2007 must at least comply with the
criteria specified in Table L1.
Table L1 - Pre-1 January 2007 Landform Criteria
Mine Site Description Total Type 1 Criteria Type 2 Criteria Type3
of Area Area Criteria
Area Area Proportion Area Proportion Proportion
(ha) (ha) (%) (ha) (%) (%)_
Amity Amity 269.3 40.6 15.1 221 .9 82.4 72.2
Bayside Bayside 748.6 166.9 22.3 473.8 63.3 100.0
Gordon Gordon 1212.0 359.9 29.7 621.7 51.3 83.7
Ibis Ibis 453.3 117.4 25.9 309.1 68.2 94.3
Yarraman Yarraman 89.1 3.9 4.4 71.8 80.6 67.7
Enterprise Yellow Violet 540.7 223.8 41.4 539 99.7 95.6
and complex
Yarraman
Enterprise Blue Lake 644.5 447.9 69.5 643.2 99.8 90.7
and complex
Bayside
L5 In the event that the areas listed in Table L1 are re-disturbed by the mining activity
resulting in the reconstruction of landform post- 1 January 2007, the criteria referred to
in condition L7 will apply to the re-mined area.
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L6 In the event that the areas listed in Table L1 are re-disturbed by the mining activity
resulting in changes to the pre- 1 January 2007 values for area and proportion listed in
Table L1, the holder of this environment authority must advise the administering
authority in the plan of operations the changed values for area or proportion that will
apply to the landform pre-1 January 2007.
L7 Subject to condition L9, all constructed landform built post- 1 January 2007 must
comply with the following criteria:
(a) slopes of constructed landform do not exceed 25 degrees from horizontal; and
(b) 80% of the area of the mining block must have the aspect element(s) that
existed in the mining block, pre-mining activity, returned to the same location in
the constructed landform where the volume difference index (VDI) of any
mining block is within the range of -2.5 to +5.5; and
(c) regardless of the volume difference index (VDI) in conditions L7(b):
(i) at least 75% of the area of the constructed landform at each mine
site must contain the terrain element(s) present in the baseline
topography within the same geomorphology unit;
(ii) the area covered by each terrain element(s) within the
geomorphology unit in the constructed landform must not be
less than 30% of the area covered by that terrain element(s) in the
baseline topography within the same geomorphology unit; and
(iii) the number of terrain element(s) in a mining block must
represent;
(A) at least 80% of the number of terrain element(s) present in
the baseline topography in that mining block where the
volume difference index (VDI) of the mining block is
positive; or
(B) at least 50% of the number of terrain element(s) present in
the baseline topography in that mining block where the
volume difference index (VDI) of the mining block is
negative.
L8 In the event that the landform in a mining block cannot comply with the criteria in
condition L7(c) due to compliance with conditions L7(a) and L7(b), the requirements of
condition L7(a) and L7(b) take precedence to the extent of any inconsistency.
L9 The constructed landform does not have to comply with the criteria in condition L7
where the construction of the landform compromises the safety of employees.
L10 In constructing landform in areas specified in Table L1, it is preferable for the baseline
topography to be used for determining the aspect element(s), rather than the pre-
mining topography.
Geotechnical stability
L11 The geotechnical stability of the constructed landform must have a factor of safety of
not less than 1.3.
L12 A Registered Professional Engineer of Queensland (RPEQ) possessing suitable
qualifications and experience must certify the geotechnical stability required by
condition L11 has been achieved in the constructed landform.
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Erosion
L13 All land disturbed by the mining activity must:
(a) meet the criteria in conditions in L15 and L17 regarding revegetation; and
(b) have the equivalent proportions of litter to that present in representative
unmined areas within the authorised mining tenement(s).
Revegetation
L14 The assessment of revegetated areas must comprise of sampling consistent with the
Queensland Herbarium Mapping Methodology with appropriate modification for
scale.
L15 Subject to condition L13 all land disturbed by the mining activity that has been revegetated
post- 30 June 1987 must comply with the criteria specified in Table L2.
Table L2 - Post- 30 June 1987 Revegetation Criteria
Performance Stratum Performance Measure
Measure
Category
Number of Trees All native species present in the representative unmined
Species plots are present in the rehabilitation.
Trees and The native species present in the rehabilitation is not
Understorey statistically significantly less than 75% of the native species
present in the representative unmined plots for the
vegetation community.
All significant species listed in The Register of the National
Estate must be present in the rehabilitation.
Density Trees The mean stem count of all native tree species greater than 2
m in height in the rehabilitation is not statistically
significantly less than 75% of the mean value recorded in the
representative unmined plots for the vegetation
community.
For each native tree species present in the rehabilitation,
the mean stem count of native trees greater than 2 m in height
in the rehabilitation is not statistically significantly less
than 50% of the mean value recorded for the same native tree
species in the representative unmined plots for the
vegetation community.
Trees and The mean stem count of native species in the rehabilitation
Understorey is not statistically significantly less than 75% of the mean
value recorded in the representative unmined plots for the
vegetation community.
Cover Trees The mean projective foliage cover (PFC) of native species
in the rehabilitation is not statistically significantly
less than 75% of the mean value recorded in the
representative unmined plots for the vegetation
community.
Understorey The mean projective foliage cover (PFC) of native species
in the rehabilitation is not statistically significantly less
than 75% of the mean value recorded in the representative
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unmined plots for the vegetation community.
Ground The mean projective foliage cover (PFC) of native species
in the rehabilitation is not statistically significantly less
than 65% of the mean value recorded in the representative
unmined plots for the vegetation community.
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L16 Notwithstanding condition L15, the species specified in Table L3 must be present in all land
disturbed by the mining activity that has been revegetated post- 30 June 1987.
Table L3 - Species to be Present in Post- 30 June 1987 Revegetation
Species Common Name Mines where species present
pre-mining activity
Melichrus procumbens - Bayside, Enterprise, Gordon and Ibis
Calytrix tetragona fringe-myrtle Gordon and Ibis
Eriachne insularis wanderrie grass Bayside, Enterprise, Gordon and Ibis
Boronia safrolifera safrole boronia Vance
Banksia spinulosa var golden candlesticks Enterprise and Vance
coliina
Petrophile canescens conesticks Amity, Bayside, Dunwich, Enterprise,
Gordon, Ibis, Vance and Yarraman
Petrophile shirleyae conesticks Enterprise and Vance
Podocarpus spinulosus spiny-leaf podocarp or Enterprise and Vance
dwarf plum pine
Eucalyptus planchoniana planchon's stringybark Amity, Bayside, Enterprise Gordon,
Ibis, Vance and Yarraman
L17 Subject to condition L13 all land disturbed by the mining activity that has been revegetated
pre- 30 June 1987 must comply with the criteria specified in Table L4.
Table L4 - Pre- 30 June 1987 Revegetation Criteria
Performance Stratum Performance Measure
Measure
Category
Number of Trees The projective foliage cover (PFC) of Acacia concurrens
species (black wattle) in the rehabilitation is less than 40%.
Trees and For each vegetation community, the mean number of
Understorey native species recorded in the rehabilitation is not less
statistically significantly than 50% of the mean
recorded in the representative unmined plots.
Density Trees For each vegetation community, the mean stem count
of each nominated species greater than 2 m in height in
the rehabilitation is between 50 to 200% of the mean
value recorded in the representative unmined plots.
Cover Trees For each vegetation community, the mean projective
foliage cover (PFC) of native species in the
rehabilitation is not statistically significantly less than
75% of the mean value recorded in the representative
unmined plots.
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Understorey For each vegetation community, the mean projective
foliage cover (PFC) of native species in the
rehabilitation is not statistically significantly less
than 50% of the mean value recorded in the
representative unmined plots.
Ground For each vegetation community, the mean projective
foliage cover (PFC) of native species in the
rehabilitation is not statistically significantly less
than 40% of the mean value recorded in the
representative unmined plots.
L18 The revegetation criteria specified in Table L2 and Table L4 for the number of species do
not apply:
(a) where specific projects approved by the administering authority have been
undertaken to increase fauna species diversity and abundance; and
(b) to the fringing vegetation surrounding artificially created water bodies or watercourses
approved by the administering authority.
Note- For the purposes of this condition, the following are considered to have been
approved by the administering authority:
(i) Eucalyptus tereticornis planted at the Bayside Mine for koalas;
(ii) unnamed artificial wetland at the Bayside Mine that is inhabited by
significant wallum frogs, other frog species, invertebrates and
freshwater turtles; and
(iii) Dam 1 and Dam 4 artificial wetlands at the Yarraman Mine that are
inhabited by significant wallum frogs.
L19 The following weed species must not be present in the rehabilitation in densities that
prevent the revegetation criteria in Table L2 and Table L4 from being achieved.
(a) Pinus spp; and
(b) Poaceae spp, including Brachiaria decumbens (signal grass), Megathyrus maximus
var.pubiglumis (green panic), Megathyrus maximus var. maximus (guinea grass),
Mellinis minutiflora (molasses grass), Andropogon virginicus (whiskey grass) and
Mellinis repens (red natal grass).
L20 All land disturbed by the mining activity and rehabilitated post- 30 June 1987 that have
already been mined and rehabilitated prior to 30 June 1987 must comply with condition L17.
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Water Quality
L21 The quality of waters must meet one of the following criteria in the order of preference listed
and be accompanied by justification to support the use of that criteria:
(a) the difference in relevant water quality parameters between pre-mining activity
and post-mining activity is not statistically significant (i.e. "historic assessment") -
most preferred criteria;
(b) the difference in relevant water quality parameters between the post-mining
activity receiving water quality and the quality in a reference site is not statistically
significant for the corresponding time period (i.e. "reference site assessment");
(c) water quality guidelines developed in accordance with the process specified in the
Monitoring and Sampling Manual 2009 (Version 2, September 2010) or revisions or
more recent editions of this document as they become available for the water and for
the relevant water quality parameters and criteria in these guidelines have been
consistently achieved post-mining activity.
(d) water quality guidelines developed in accordance with the process specified in the
Australian and New Zealand Environment and Conservation Council (ANZECC)
Australian and New Zealand Guidelines for Fresh and Marine Water Quality dated
2000 or revisions or more recent editions of this document as they become available
for the water and for the relevant water quality parameters and criteria in these
guidelines have been consistently achieved post-mining activity (i.e "ANZECC
process")- least preferred criteria.
L22 The reference site required by condition L21(b):
(a) must not have been impacted by the mining activity; and
(b) must be nominated by the holder of this environmental authority; and
(c) must be acceptable to the administering authority holder prior to use;
(d) must be in a similar ecological setting.
L23 The water quality monitoring required to be undertaken by condition L21 must be
undertaken at a frequency of not less than quarterly whilst mining operations are being
undertaken and not less than biannually when mining operations have ceased.
Contaminated Land and Groundwater
L24 Before applying for surrender of a mining lease, the holder must (if applicable) provide to the
administering authority a site investigation report under the Act, in relation to any part of
the mining lease which has been used for notifiable activities or which the holder is aware is
likely to be contaminated land, and also carry out any further work that is required as a
result of that report to ensure that the land is suitable for its final land use.
L25 Notwithstanding condition L21, a Site Investigation Report, prepared in accordance with the
Environmental Protection Act 1994 and Guidelines for contaminated land professionals
(DEHP, 2012) or revisions or more recent editions of this document as they become
available, must be submitted to the administering authority to:
(a) demonstrate that the subject land and the groundwater affected by the diesel spill at
the Amity Mine is suitable for the intended use; and
(b) enable the administering authority to remove the site from the Environmental
Management Register (EMR).
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L26 Notwithstanding condition L21, a Salinity Investigation Report of the groundwater of the
Amity Mine dredge areas and associated water expressions (i.e. Amity Swamp) must be
submitted to the administering authority to:
(a) provide and analyse water quality monitoring results; and
(b) enable recommendations on the assessment of the rehabilitation success.
L27 The information required by conditions L25 and L26 must be reviewed and certified by a
Third Party Reviewer before being submitted to the administering authority.
L28 A Third Party Reviewer must be appointed under the Environmental Protection Agency's
(EPA's) Operational Policy Third Party Reviewer Terms of Reference or revisions or more
recent editions of this document as they become available.
L29 Water quality monitoring required for the Salinity Investigation Report must be undertaken
by a suitably qualified person in accordance with the latest edition of the Monitoring and
Sampling Manual 2009 (Version 2, September 2010).
L30 Water quality monitoring required for the Salinity Investigation Report must be undertaken
from a sufficient number of sampling locations to provide representative data and enable
an assessment of the rehabilitation success.
Water level
L31 Acceptance criteria for water level are not deemed to be met until:
(a) an analysis of water level monitoring is undertaken to compare:
(i) the historical water levels of the nominated waterbodies specified in
Table L5, including pre-mining activity and post-mining activity, for
a period of not less than ten (10) years; and
(ii) seasonal variations for a period of not less than five (5) years; and
(iii) the impact, if any, of the mining activity on the water levels of the
nominated waterbodies specified in Table L5; and
(b) water levels of the nominated waterbodies specified in Table L5 post-mining activity:
(i) are not statistically significant to the pre-mining activity water
levels; or
(ii) any statistically significant variation to the pre-mining activity water
levels must not be due to the mining activity.
(c) it is demonstrated that there is no adverse impact on vegetation communities that are
reliant upon a range in water level.
Table L5 - Nominated Waterbodies
Mine Site Waterbody Name Within Not within
authorised authorised
mining mining
tenement(s) tenement(s)
Amity Welsby Lagoon No Yes
Amity Swamp Yes No
Flinders Swamp No Yes
Bayside Kounpee Trench (also Yes No
known as Wallen Wallen
T h)
Wallen Wallen Swamp Yes No
Lake Kounpee North Yes No
Kounpee Swamp Yes Yes
Lake Kounpee Yes Yes
Blaksley Lagoon Yes Yes
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Shag Lagoon Yes Yes
Black Snake Lagoon Yes Yes
Gordon South Lagoon and Unnamed Yes Yes
wetlands
Canaipa Swamp Yes No
Native Companion Lagoon Yes Yes
Duck Lagoon Yes Yes
Ibis Ibis Central Lagoon No Yes
Ibis Lagoon No Yes
Dakka Bin Wet Heaths No Yes
Bumbaree Swamp No Yes
Little Canalpin Creek Yes No
Little Canalpin Swamp Yes No
Canalpin Swamp Yes No
Jaragil Lagoon Yes No
Mungaree Lagoon Yes No
Odgee Lagoon Yes No
Lamberts Swamp Yes No
Enterprise Freshwater Creek No Yes
Eighteen Mile Swamp Yes Yes
TAZI Trench No Yes
Herring Lagoon Yes Yes
Yarraman Yarraman Dam 1 Yes No
Yarraman Dam 4 Yes No
Yarraman Lake Yes Yes
Keyhole Lakes 2 and 3 No Yes
Fisherman's Creek Yes Yes
L32 The water level monitoring required to be undertaken by condition L31 must be undertaken
at a frequency of not less than quarterly.
Fauna
L33 The holder of this environmental authority must demonstrate that populations of
endangered, vulnerable rare or near threatened wildlife, as specified in the Nature
Conservation Act 1992 and subordinate legislation, on the authorised mining tenement(s)
will return to levels equivalent to other similar habitats on North Stradbroke Island.
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Definitions
Key terms and/or phrases used in this document are defined in this section and bolded throughout this
document. Applicants should note that where a term is not defined, the definition in the Environmental
Protection Act 1994, its regulations or environmental protection policies must be used. If a word remains
undefined it has its ordinary meaning.
'acceptance criteria' means the measures by which the actions implemented to rehabilitate the land
are deemed to be complete (same as completion criteria).
'administering authority' means the Environmental Protection Agency or its successor.
'annual return' means the return required by the annual notice (under section 308 of the
Environmental Protection Act 1994) for the environmental authority for the mining activity.
'aspect element(s)' means a discreet area containing a specific range of aspect values delineated at
a mapping scale of 1:25,000. Aspect is the dominant orientation of the landform element at that
location. The aspect elements and their values are specified in the table below:
`appropriately qualified person' means a person who has professional qualifications, training, skills
or experience relevant to the nominated subject matter and can give authoritative assessment, advice
and analysis on performance relating to the subject matter using the relevant protocols, standards,
methods or literature.
`authorised mining tenement(s)' means those mining tenements listed on page 1 of this
environmental authority.
`authorised person' means a person holding office as an authorised person under an appointment
under the Environmental Protection Act 1994 by the chief executive.
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'ANZECC' means the Australian and New Zealand Environmental Council (ANZECC) and its
successor/s (i.e. the Environment Protection and Heritage Council (EPHC) and the Natural Resource
Management Ministerial Council (NRMMC)).
`baseline topography' means the topography of the authorised mining tenement(s) on North
Stradbroke Island as at 1964. This topography is considered to be the pre-mining activity
topography where areas have historically been mined.
`commercial place' means a workplace used as an office or for business or commercial purposes,
which is not part of the mining activity and does not include employees' accommodation or public
roads.
`constructed landform' means those parts of the authorised mining tenement(s) that have been
mined and/or received tailings for disposal. This includes dredge and dry mining pits, final voids and
off-path tailings areas.
`control measures' means actions that can be taken in order to minimise environmental impact(s)
or environmental harm. Control measures can be, but are not limited to planning, procedural or
engineering controls. Control measures has the same intent as risk treatment.
`disturbance' of land includes:
(a) compacting, removing, covering, exposing or stockpiling of earth;
(b) removal or destruction of vegetation or topsoil or both to an extent where the land has been
made susceptible to erosion;
(c) carrying out mining within a watercourse, waterway, wetland or lake;
(d) the submersion of areas by tailings or hazardous contaminant storage and dam/structure walls;
(e) constructing new temporary infrastructure, including any infrastructure (roads, tracks, bridges,
culverts, dam/structures, buildings, fixed machinery, hardstand areas, airstrips, helipads etc)
which is to be removed after the mining activity has ceased; or
(f) releasing of contaminants into the soil, or underlying geological strata.
'EA' means environmental authority.
`EC' means electrical conductivity.
'environment' has the meaning given in the Environmental Protection Act 1994.
`environmental authority' means environmental authority under the Environmental Protection Act
1994.
`environmental harm' has the meaning given in the Environmental Protection Act 1994.
`Environmental Management Register (EMR) means the register kept by the administering
authority under Chapter 7, Part 8 of the Environmental Protection Act 1994.
`environmental nuisance' has the meaning given in the Environmental Protection Act 1994.
'environmental value(s)' has the meaning given in the Environmental Protection Act 1994.
'expected impact(s)' means the predicted changes under normal conditions of a value subject to
the influence of the authorised mining activity. Methods available for the determination of expected
impacts include:
x predictions based on historical data;
x knowledge based intuition;
x numerical analysis; and
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x modelling.
`factor of safety' means the ratio of resisting forces to driving forces. The resisting force is the
friction developed in a material along a potential failure plane under given loading conditions. The
driving force is primarily gravity but can also include vibration loading and unbalanced groundwater
pressures.
`geomorphology unit' means a sub-province as mapped by the Geological Survey of Queensland in
Cranfield, L.C and Tuttle, J. (2002) South-East Queensland Region Geoscience Data Set SEQ GIS
Version 2 - Data for exploration and land use or revisions of this data set as they become available.
'holder of this environmental authority' means the holder of this environmental authority.
`infrastructure' means water storage dams, levees, roads and tracks, buildings and other structures
built for the purpose of the mining activity.
'key environmental value(s)' means naturally occurring surface water bodies with associated
aquatic flora and fauna communities that represent a surface expression of the main groundwater
aquifer or are perched above the main aquifer due to the presence of one or more indurated layers.
`land' means land excluding waters and the atmosphere, that is, the term has a different meaning
from the term as defined in the Environmental Protection Act 1994. For the purposes of the Acts
Interpretation Act 1954, it is expressly noted that the term `land' in this environmental authority
relates to physical land and not to interests in land.
`land use' - means the selected post mining use of the land, which is planned to occur after the
cessation of mining operations.
`landform' - means the elevation, slope and aspect of the land that make up the surface of the earth.
`litter' means the uppermost layer of organic material in a soil, consisting of freshly fallen or slightly
decomposed organic materials such as leaves, twigs and sticks, which have accumulated on the
ground surface.
`m' means metres.
`measures' includes any measures to prevent or minimise environmental impacts of the mining
activity such as bunds, silt fences, diversion drains, capping, and containment systems.
`mine path' means the total are of disturbance as a result of the mining activity nominated in the
plan of operations as stripped and/or cleared area.
`mine site' means, where relevant, each of the following:
ML1159, ML1164, ML 1121 North Stradbroke Island - Gordon Mine (20 kms south of Dunwich)
ML1123 North Stradbroke Island - Vance Mine (4 kms north east of Dunwich)
ML1109, ML1122. North Stradbroke Island - Yarraman Mine (2kms south west of Point
Lookout)
ML1117, ML1121, ML1174, ML1175. North Stradbroke Island - Ibis Mine (3 kms south east of Dunwich)
ML1105, ML1113, ML1117, ML1119, ML1120, North Stradbroke Island - Enterprise Mine (5 kms south east of
ML1129, ML1130, ML1153, ML1162, ML1163, Dunwich)
ML1116
ML 1140, ML1117, ML1105, ML1119, North Stradbroke Island - Bayside Mine (Approx 2 km south of
ML1153, ML1162, ML1163. Dunwich)
ML1112, ML1160, ML1172. North Stradbroke Island - Amity (1.5 kms south east of Amity)
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ML1103, ML1118. North Stradbroke Island - Dunwich
`mining activity' means that specified in the Environmental Protection Act 1994.
`mining block' means an area of the mine path or pit that is represented by a line perpendicular to
the centreline of the mine path or pit, measured at 100 metre (m) intervals along the centreline.
Where a dredge path or dry mining pit intersect, the dry mining pit is considered to be part of the
dredge path.
`mining operations' means, for the purposes of this environmental authority, clearing, topsoil
stripping, dredging or otherwise extracting, infrastructure development (includes but is not limited to
roads, intrusive exploration activities, water and electricity transmission, stockpiles), tailings
placement etc, but excludes measures taken solely to control environmental impact(s) or limit risk,
monitoring, rehabilitation, conducting baseline environmental studies and gaining access to areas
for these purposes.
`NATA' means National Association of Testing Authorities, Australia
'native' means that provided in the Queensland Herbarium Mapping Methodology.
`native bushland' means vegetation originating naturally on North Stradbroke Island.
'nominated species' means Allocasuarina torulosa, Angophora leiocarpa, Banksia spp., Callitris
spp., Corymbia spp., Eucalyptus spp., and Lophostemon confertus.
'plan of operations' means that specified in the Environmental Protection Act 1994.
`post-mining activity' means after mining operations have been completed.
'post- 30 June 1987' means revegetation undertaken after 30 June 1987.
'post- 1 January 2007' means the construction of landform undertaken on or after 1 January 2007.
`pre-mining activity' means prior to mining operations commencing.
`pre-mining topography' means the topography as encountered by the post-1 January 2007,
mining activity at the time of that mining.
'pre-30 June 1987' means revegetation undertaken on or before 30 June 1987.
'pre-1 January 2007' means the construction of landform undertaken before 1 January 2007.
`protected area' means - a protected area under the Nature Conservation Act 1992; or
(a) a marine park under the Marine Parks Act 1992; or
(b) a World Heritage Area.
'protective foliage cover (pfc)' means that provided in the Queensland Herbarium Mapping
Methodology.
`Queensland Herbarium Mapping Methodology' means Neldner, V.J., Wilson, B.A, Thompson,
E.J. and Dillewaard, H.A. (2005) Methodology for Survey and Mapping of Regional Ecosystems and
Vegetation Communities in Queensland, Version 3.1 updated September 2005, Queensland
Herbarium, Environmental Protection Agency, Brisbane pp.128 or revisions of this document and
methodology as they become available.
`Registered Professional Engineer of Queensland (RPEQ)' means a professional engineer
registered under the Queensland Professional Engineers Act 2002.
'rehabilitation' means the process of reshaping and revegetating land to restore it to a stable
landform and in accordance with the acceptance criteria set out in this environmental authority
and, where relevant, includes remediation of contaminated land.
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`relevant water quality parameters' means pH, conductivity, turbidity or suspended solids,
aluminium, iron, zinc and silicon.
'representative' means a sample set which covers the variance in monitoring or other data either due
to natural changes or operational phases of the mining activity.
`representative unmined areas' means, at each mine site, two (2) or more representative control
plots that are established in typical areas of similar chemical and physical characteristics, as
nominated by the environmental authority holder. Rehabilitation must be compared with those
representative unmined areas that most typically reflect erosion within the authorised mining
tenement(s).
'representative unmined plots' means, at each mine site, two (2) or more representative control
plots that are established in typical areas of each pre-mining activity vegetation community , as
nominated by the environmental authority holder. Rehabilitation must be compared with those
representative unmined plots that most typically reflect the pre-mining activity vegetation
community that the environmental authority holder is seeking to redevelop in the rehabilitation.
`risk' means the change of something happening that will have an impact on objectives.
'risk management' means the culture, processes and structures that are directed towards realizing
potential opportunities whilst managing adverse effects.
`risk treatment' means the process of selection and implementation of measures to modify risk.
'sensitive place' means;
x a dwelling, residential allotment, mobile home or caravan park, residential marina or other
residential premises; or
x a motel, hotel or hostel; or
x an educational institution; or
x a medical centre or hospital; or
x a public park or gardens (excluding a protected area under the Nature Conservation Act
1992, the Marine Parks Act 1992 or a World Heritage Area); or
x a place used as a workplace, an office or for business or commercial purposes which is not
part of the mining activity and does not include employees accommodation or public roads.
'stakeholders' means an individual or group concerned with or affected by the environmental
performance of the holder of the environmental authority.
`statistically significant(ly)' means when the difference between groups of data is sufficient for a
statistical test to reject the null hypothesis (i.e. where the data has been analysed using a valid
statistical analysis tool and there is a 95% probability that the conclusions are correct).
`tailings' means the sand and slimes generated from the mining activity.
`terrain element(s)' means a discreet area containing a specific range of elevation, slope and aspect
values delineated at a mapping scale of 1:10,000. The terrain elements and their values are
specified in the table below:
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`the Act' means the Environmental Protection Act 1994.
'trees' means the definition of predominant stratum (or layer) provided in the Queensland
Herbarium Mapping Methodology.
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`trigger level(s)' means the level of change in an environmental value(s) that initiates a risk
management response to prevent environmental harm.
'understorey' means that provided in the Queensland Herbarium Mapping Methodology.
`S/cm' means micro siemens per centimetre.
'vegetation community' means that provided in the Queensland Herbarium Mapping
Methodology.
`volume difference index (VDI)' is expressed by the following formula:
VDI = (Tv - Mv) / AMB
Where
VDI = Volume Difference Index
Mv = Volume of material mined from a mining block (m3 in situ)
Tv = Volume of tailings from another mining block used to fill the same mining block referred to in
Mv after it was mined (m3 as placed)
AMB = Area of the mining block referred to in Mv (m2)
`waste' means that specified in the Environmental Protection Act 1994.
`water quality' means the chemical, physical and biological condition of water.
`watercourse' has the same meaning given in the Water Act 2000.
'waters' includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, bed
and bank of any waters, dams, non-tidal or tidal waters (including the sea), groundwater or any part-
thereof.
`zone of impact' means those areas, whether on or off the authorised mining tenement(s), where
the mining activity could or do result in a change in the environment. Also refer to the definition for
environmental impact(s).
END OF PERMIT
Attachments
Annexure A Enterprise Project Area - Drawing Number SP-925A
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North Stradbroke Island Protection and Sustainability and Another Act Amendment Bill 2013
Part 3 Amendment of Vegetation Management Framework Amendment Act 2013
[s 15]
Clause 15 Amendment of sch 3 (Dictionary) 1
Schedule 3, definition environmental authority-- 2
omit. 3
Part 3 Amendment of Vegetation 4
Management Framework 5
Amendment Act 2013 6
Clause 16 Act amended 7
This part amends the Vegetation Management Framework 8
Amendment Act 2013. 9
Clause 17 Amendment of s 47 (Insertion of new pt 2, div 6, sdiv 1A) 10
(1) Section 47, inserted section 22DAB(2)(d) and (3)-- 11
omit. 12
(2) Section 47, inserted 22DAB(2)(e) to (h)-- 13
renumber as section 47, inserted section 22DAB(d) to (g). 14
(3) Section 47, inserted section 22DAB(4), `subsection (2)(g)'-- 15
omit, insert-- 16
subsection (2)(f) 17
(4) Section 47, inserted section 22DAB(4)-- 18
renumber as section 47, inserted section 22DAB(3). 19
(5) Section 47, inserted section 22DAC(1)(e) and (i)-- 20
omit. 21
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(6) Section 47, inserted section 22DAC(1)(f), `section 1
22DAB(2)(g)'-- 2
omit, insert-- 3
section 22DAB(2)(f) 4
(7) Section 47, inserted section 22DAC(1)(h), `relates; and'-- 5
omit, insert-- 6
relates. 7
(8) Section 47, inserted section 22DAC(1)(f) to (h)-- 8
renumber as section 47, inserted section 22DAC(1)(e) to (g). 9
© State of Queensland 2013
Authorised by the Parliamentary Counsel
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