amendment notice 2 - der.wa.gov.au · the premises is located approximately 200 km north-east of...

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Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 1 Licence Number L9000/2016/1 Licence Holder Gruyere Management Pty Ltd ACN 615 728 795 File Number: DER2016/001956 Premises Gruyere Gold Project Mining Tenement L38/254 and Part of L38/255 and M38/1267 COSMO NEWBERY WA 6440 Date of Amendment 12 March 2018 Amendment The Chief Executive Officer (CEO) of the Department of Water and Environmental Regulation (DWER) has amended the above Licence in accordance with section 59 of the Environmental Protection Act 1986 (EP Act) as set out in this Amendment Notice. This Amendment Notice constitutes written notice of the amendment in accordance with section 59B(9) of the EP Act. Date signed: 12 March 2018 Alana Kidd Manager Licensing, Industry Regulation (Resource Industries) an officer delegated under section 20 of the Environmental Protection Act 1986 (WA) Amendment Notice 2

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Page 1: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 1

Licence Number L9000/2016/1

Licence Holder Gruyere Management Pty Ltd

ACN 615 728 795

File Number: DER2016/001956

Premises Gruyere Gold Project

Mining Tenement L38/254 and Part of L38/255 and M38/1267

COSMO NEWBERY WA 6440

Date of Amendment 12 March 2018

Amendment

The Chief Executive Officer (CEO) of the Department of Water and Environmental Regulation (DWER) has amended the above Licence in accordance with section 59 of the Environmental Protection Act 1986 (EP Act) as set out in this Amendment Notice. This Amendment Notice constitutes written notice of the amendment in accordance with section 59B(9) of the EP Act.

Date signed: 12 March 2018

Alana Kidd

Manager Licensing, Industry Regulation (Resource Industries)

an officer delegated under section 20 of the Environmental Protection Act 1986 (WA)

Amendment Notice 2

Page 2: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 2

Definitions and interpretation

Definitions

In this Amendment Notice, the terms in Table 1 have the meanings defined.

Table 1: Definitions

Term Definition

ACN Australian Company Number

Amendment Notice refers to this document

Annual Period means a 12 month period commencing from 1 July until 30 June in the following year

Category/ Categories/ Cat.

categories of Prescribed Premises as set out in Schedule 1 of the EP Regulations

CEO means Chief Executive Officer.

CEO for the purposes of notification means:

Director General Department Administering the Environmental Protection Act 1986 Locked Bag 33 Cloisters Square PERTH WA 6850 [email protected]

Delegated Officer an officer under section 20 of the EP Act

Department means the department established under section 35 of the Public Sector Management Act 1994 and designated as responsible for the administration of Part V, Division 3 of the EP Act

DWER Department of Water and Environmental Regulation

EP Act Environmental Protection Act 1986 (WA)

EP Regulations Environmental Protection Regulations 1987 (WA)

Existing Licence The Licence issued under Part V, Division 3 of the EP Act and in force prior to the commencement of and during this Amendment

Licence Holder Gruyere Management Pty Ltd

Occupier has the same meaning given to that term under the EP Act

Prescribed Premises has the same meaning given to that term under the EP Act

Premises refers to the premises to which this Amendment Notice applies, as specified at the front of this Amendment Notice

Page 3: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 3

Primary Activities refers to the Prescribed Premises activities listed on the front of the Existing Licence as described in Schedule 2, at the locations shown in Schedule 1

Risk Event as described in Guidance Statement: Risk Assessments

TSF Tailings Storage Facility

UDR Environmental Protection (Unauthorised Discharges) Regulations 2004 (WA)

Amendment Notice

This amendment is made pursuant to section 59 of the EP Act to amend the Existing Licence and Amendment Notice 1 issued under the EP Act for a prescribed premises as set out below. This notice of amendment is given under section 59B(9) of the EP Act.

This notice is limited only to an amendment to include category 12 and administrative changes made by DWER. No other changes to the aspects of the Existing Licence and Amendment Notice 1 relating to category 54 and 64 have been requested by Gruyere Management Pty Ltd (Licence Holder).

The following guidance statements have informed the decision made on this amendment:

Guidance Statement: Regulatory Principles (July 2015);

Guidance Statement: Setting Conditions (October 2015);

Guidance Statement: Decision Making (February 2017);

Guidance Statement: Risk Assessment (February 2017); and

Guidance Statement: Environmental Siting (November 2016).

Amendment description

On 18 January 2018, the Licence Holder submitted an application (Application, 2018) to DWER for an amendment to the Gruyere Gold Project (Premises) Licence L9000/2016/1 to include category 12.

The Licence Holder is proposing to intermittently utilise a mobile crushing and screening plant (the Plant) to produce aggregate for haul roads, laydown yards and compounds on an as needs basis. The Plant will be located at borrow pits and at the proposed Tailings Storage Facility (TSF) (assessed under works approval W6002/2016/1) within the Premises. The Plant has a processing ability of 90-200 tonnes per hour, a feeding size of 480-750 mm and will produce an outlet size of 65-200 mm.

As there will be minimal construction and commissioning activities associated with the installation of the Plant at the Premises, as such the Delegated Officer has determined that the inclusion of category 12 can be done as an amendment to the Licence via this Amendment Notice.

Table 2 below outlines the proposed changes to the Licence.

Page 4: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 4

Table 2: Proposed changes

Category Current design capacity

Proposed design capacity

Description of proposed amendment

12 N/A 1,752,000 tonnes per Annual Period

Inclusion of category 12 to the Licence

Other approvals

The Licence Holder has provided the following information relating to other approvals as outlined in Table 3.

Table 3: Relevant approvals

Legislation Number Approval

Mining Act 1978 Reg ID: 69619 Gruyere Gold Mine, Anne Beadell and Yeo Borefields Mining Proposal – Part 1

Reg ID: 67934 Gruyere Gold and Anne Beadell Borefield

Mining Proposal with Mine Closure Plan

Part IV of the EP Act Ministerial Statement 1048 Proposal to develop an open pit mining operation to extract and process gold from the Gruyere deposit

Amendment history

Table 4 provides the amendment history for L9000/2016/1.

Table 4: Licence amendments

Instrument Issued Amendment

L9000/2016/1 19/10/2017 Amendment Notice 1

Licence amendment to include category 64 to the Licence

L9000/2016/1 12/03/2018 Amendment Notice 2

Licence amendment to include category 12 to the Licence

Location and receptors

The Premises is located approximately 200 km north-east of Laverton in Western Australia. There are no relevant sensitive land uses in the vicinity of the prescribed premises with the Cosmo Newbery Aboriginal Community located approximately 80 km north-west of the Premises.

The workforce is accommodated on the Premises, but as this accommodation is operated by the Licence Holder, it is not considered a sensitive land use or receptor.

Page 5: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 5

Table 5 below lists the relevant environmental receptors in the vicinity of the prescribed premises which may be receptors relevant to the proposed amendment.

Table 5: Receptors and distance from activity boundary

Residential and sensitive premises Distance from Prescribed Premises

Yeo Lake Nature Reserve Located approximately 12 km east of the Plant

Risk assessment

Table 6 below describes the Risk Events associated with the amendment consistent with the Guidance Statement: Risk Assessments. The table identifies whether the emissions present a material risk to public health or the environment, requiring regulatory controls.

Page 6: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 6

Table 6: Risk assessment for proposed amendments during operation

Risk Event

Consequence rating

Likelihood rating

Risk Reasoning

Source/Activities Potential emissions

Potential receptors

Potential pathway

Potential adverse impacts

Category 12

Screening etc. of material

Operation of the Plant

Dust associated with crushing and screening activities

The closest sensitive receptor is Cosmo Newbery Aboriginal Community located approximately 80 km from the Premises

Air / wind dispersion

Health and amenity impacts

Slight Rare Low

The Delegated Officer considers the distance to the nearest sensitive receptor sufficient to ensure that there are minimal impacts to health and amenity on a local scale

Noise associated with crushing and screening activities

Amenity impacts

Slight Rare Low

Stormwater runoff from the Plant area

Yeo Lake Nature Reserve approximately 12 km from the Plant

Soil and surface water drainage

Stormwater runoff

Soil contamination inhibiting vegetation growth and survival

Slight Rare Low The Plant will be located within the TSF footprint

The TSF has a 2-3 m in depth diversion drain that runs along the eastern edge of the TSF

Stormwater will be diverted to this diversion drain (Gruyere JV, 2018)

There are no watercourses in the vicinity of the Plant and the Yeo Lake Nature Reserve is 12 km away

Based on the above, the impact from stormwater runoff would result in minimal on-site impacts

Page 7: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 7

Decision

The Delegated Officer has determined that the key emissions associated with the operation of the Plant to be dust, noise and stormwater runoff. The Delegated Officer considers the risk associated with these emissions to be low.

The Delegated Officer has determined that an amendment be made to the Licence to allow for the inclusion of category 12 with a design capacity of 1,752,000 tonnes per Annual Period.

Other amendments

During this amendment the following administrative changes have also been made to the Licence:

The Licence Number on the Licence cover page has been updated.

Registered business address on the Licence cover page has been updated.

Inclusion of category 12 under Prescribed Premises and an update to the Premises address on the Licence cover page.

Inclusion of definitions for ‘Amendment Notice’, ‘Approved Policy’, ‘AS 3780’, ‘AS/NZS 5667.10’, ‘BGL’, ‘Biosolids’, ‘cfu/100mL’, ‘Clean Fill’, ‘Inert Waste Type 1’, ‘Landfill Definitions’, ‘Material Environmental Harm’, ‘Putrescible’ and ‘WWTP’. The definitions for ‘CEO for the purposes of notification’ and ‘Reportable Event’ have been updated.

The Premises map is replaced with the map in Attachment 1 of this Amendment Notice.

Table 7 of Schedule 2 has been updated via this Amendment Notice to include all the Primary Activities for the Premises.

The inclusion of Table 8 which lists the Primary Activity infrastructure and equipment for the Premises.

The reference to Site layout in Schedule 2 has been removed. The location of the infrastructure and equipment is now within Table 8 under Plan reference.

The previous Treated Wastewater Monitoring in Schedule 3 has been deleted. The same information and requirements have just been updated into a different format. Previously the specification to monitor the Column 4 parameters was missing.

Licence Holder’s comments

The Licence Holder was provided with the draft Amendment Notice on 26 February 2018. The Licence Holder made no comments and waived the comment period on 7 March 2018.

Amendment 1. The Licence Number on the cover page of the Licence is amended by the deletion of

the text shown in strikethrough below and the insertion of the bold text shown in underline below: Licence Number L9000/20167/1

2. The Registered business address on the cover page of the Licence is amended by the deletion of the text shown in strikethrough below and the insertion of the bold text shown in underline below:

Page 8: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 8

Registered business address Level 15, 2650 Colin Street WEST PERTH WA 6005

3. The Prescribed Premises and Premises address on the cover page of the Licence has been amended by the deletion of the text shown in strikethrough below and the insertion of the bold text shown in underline below: Prescribed Premises Category 12 – Screening etc. of material; Category 54 – Sewage facility; and Category 64 – Class II putrescible landfill site Premises Gruyere Gold Project Wastewater Treatment Plant Mining Tenements L38/254, and Part of L38/255 and M38/1267 LAVERTON COSMO NEWBERY WA 6440 As shown in Schedule 1

4. Definitions of the Licence are amended by the deletion of the text shown in strikethrough below and the insertion of the bold text shown in underline below: Amendment Notice means an amendment granted under s.59 of the EP Act in accordance with the procedure set out in s.59B of the EP Act. Approved Policy has the same meaning given to that term under the EP Act. AS 3780 means the Australian Standard AS 3780-2008 The storage and handling of corrosive substances. AS/NZS 5667.10 means the Australian/New Zealand Standard AS/NZS 5667.10 Water quality-Sampling – Guidance on sampling of waste waters. BGL – Below Ground Level. Biosolids has the meaning defined in the Landfill Definitions. CEO for the purposes of notification means:

Director General Department Administering the Environmental Protection Act 1986 Locked Bag 33 Cloisters Square PERTH WA 6850 [email protected]

cfu/100mL - colony forming units per 100 millilitres. Clean Fill has the meaning defined in the Landfill Definitions. Inert Waste Type 1 has the meaning defined in the Landfill Definitions. Landfill Definitions means the document titled “Landfill Waste Classification and Waste Definitions 1996” published by the CEO of the Department of Environment and Conservation as amended from time to time. Material Environmental Harm has the same meaning given to that term under the

Page 9: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 9

EP Act. Putrescible has the meaning defined in the Landfill Definitions. Reportable Event means an exceedance above the target limit specified in Column 4 of Table 6, in Schedule 3 Condition 9. WWTP - Wastewater Treatment Plant.

5. The Premises map in Schedule 1 is deleted and replaced with the map in Attachment 1 of this Amendment Notice.

6. Table 7 of the Licence is amended by the deletion of the text shown in strikethrough below and the insertion of the bold text shown in underline below:

Table 7: Primary Activities

Primary Activity Premises production or design capacity

Category 12: Screening etc. of material 1,752,000 tonnes per Annual Period

Category 54-: Sewage facility: premises on which sewage is treated (excluding septic tanks).

200 m3 per day

Category 64: Putrescible landfill site 1,400 tonnes per Annual Period

7. The Licence is amended by the deletion of the text shown in strikethrough below and

the insertion of the bold text shown in underline below under Infrastructure and equipment in Schedule 2:

Infrastructure and equipment

The Primary Activity infrastructure and equipment situated on the Premises is listed in Table 8 3, condition 2.

Table 8: Infrastructure and equipment

Infrastructure and equipment Plan reference

Mobile crushing and screening plant As shown on the Premises map in Schedule 1

Modular WWTP and dedicated Sprayfield As listed in Table 3 and shown on the Premises map and Premises site plan in Schedule 1

Class II putrescible landfill As listed in Table 3 and shown on the Premises map in Schedule 1

8. The Licence is amended by the deletion of the text shown in strikethrough below under

Page 10: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 10

Site layout in Schedule 2:

Site layout

The Primary Activity infrastructure and equipment is set out on the Premises in accordance with the site layout specified on the Premises map in Schedule 1. 9. The Licence is amended by the deletion of the text shown in strikethrough below and

insertion of the bold text shown in underline below under Treated Wastewater Monitoring in Schedule 3:

Treated Wastewater Monitoring

The Licence Holder must monitor the Emissions specified in Column 1 from the locations specified in Column 2 of Table 8. Emissions must be calculated as an average over the period specified in Column 3, at the frequency specified in Column 5, and in accordance with the method specified in Column 6.

Table 8: Treated wastewater monitoring table

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6

Emission Location* Averaging period

Parameter Frequency Method

Treated effluent water to the spray field

Offtake discharge point for the spray field

Spot sample pH;

Total Suspended Solids;

Total Phosphorus;

Total Nitrogen;

Biochemical Oxygen Demand;

Escherichia coli; and

Free Chlorine

Quarterly AS5667.10. 1998

Continual Volume (m3) Continuous Flow metering device

The Licence Holder shall sample treated effluent from the WWTP:

(a) at the location specified in Column 1 of Table 9;

(b) for the parameters specified in Column 2 of Table 9;

(c) in the units specified in Column 3 of Table 9;

(d) over the averaging period specified in Column 4 of Table 9,

Page 11: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 11

(e) at the frequency specified in Column 5 of Table 9, and

(f) in accordance with the method specified in Column 6 of Table 9.

Table 9: Treated wastewater monitoring table

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6

Location Parameters Units Averaging period

Frequency Method

Offtake discharge point for the Sprayfield

pH pH units Spot sample Quarterly AS/NZS 5667.10

Total Suspended Solids

mg/L

Total Phosphorus

mg/L

Total Nitrogen

mg/L

Biochemical Oxygen Demand

mg/L

Escherichia coli

cfu/100mL

Free Chlorine

mg/L

Volume m3 Continual Continuous Flow metering device

Page 12: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 12

Attachment 1

Premises map

The Premises is shown in the map below. The black line depicts the Premises boundary.

Page 13: Amendment Notice 2 - der.wa.gov.au · The Premises is located approximately 200 km north-east of Laverton in Western ... Cosmo Newbery Aboriginal Community located approximately 80

Licence: L9000/2016/1 IR-T08 Amendment Notice (Major) template v2.0 (July 2017) 13

Appendix 1: Key documents

Document title In text ref Availability

1 Guidance Statement: Decision

Making, Department of Environment

Regulation, February 2017

Guidance

Statement:

Decision

Making

accessed at www.dwer.wa.gov.au

2 Guidance Statement: Environmental

Siting, Department of Environment

Regulation, November 2016

Guidance

Statement:

Environmental

Siting

3 Guidance Statement: Regulatory

Principles, Department of

Environment Regulation, July 2015

Guidance

Statement:

Regulatory

Principles

4 Guidance Statement: Risk

Assessments, Department of

Environment Regulation, February

2017

Guidance

Statement:

Risk

Assessments

5 Guidance Statement: Setting

Conditions, Department of

Environment Regulation, October

2015

Guidance

Statement:

Setting

Conditions

6 Licence L9000/2016/1 - Amendment

Notice 1 – Gruyere Gold Project

Wastewater Treatment Plant,

amended 19 October 2017

Amendment

Notice 1

accessed at www.dwer.wa.gov.au

7 Licence L9000/2016/1 – Gruyere Gold

Project Wastewater Treatment Plant,

issued 4 August 2017

Existing

Licence

8 L9000/2017/1 Amendment including

Application form; Approval for Mining

Proposal with a Mine Closure Plan;

and Ministerial Statement 1048,

received from Nicholas Rudzinskas

(Gruyere JV), dated 18 January 2018

Application,

2018

DWER records (A1599941)

9 Ministerial Statement 1048 Ministerial

Statement

1048

accessed at www.epa.wa.gov.au

10 RE: L9000/2017/1 Amendment,

received from Nicholas Rudzinskas

(Gruyere JV), dated 6 February 2018

Gruyere JV,

2018

DWER records (A1607388)