Donnelly v Solomon Islands Mining NL & Ors

Donnelly v Solomon Islands Mining NL & Ors - [2002] NSWLEC 112 - NSWLEC 1997 case summary — Zoe

[26]

Sediment control measures must be implemented which minimise sediment leaving the areas of disturbance or clearing. These measures must be established and in place prior to the commencement of clearing. A sediment erosion control plan is to be prepared and submitted to and approved by the Manager Northern Zone NPWS prior to any works being undertaken. Reason: To minimise the entry of sediments into drainage lines that provide habitat for threatened frog species. Pre-clearing surveys 7. No clearing is to occur prior to mid - late spring (October - November) or after early - mid autumn (March - April) in any year without the approval in writing of the Manager, Northern Zone NPWS. 8. That pre-clearing surveys must be conducted for small mammals, arboreal fauna, large forest owls, amphibians, raptor nests and mobile ground fauna. The methods used for the pre- clearing surveys must include small mammal trapping, spotlighting, stag watching and ground traverses and occur in all areas to be cleared. Reason: To ensure that the pre-clearing surveys are undertaken in a suitable manner to effectively detect target species and prevent, wherever possible, injury or death to those species during operations. 9. Clearing must occur within one week of the conclusion of pre- clearing surveys. Reason: to reduce the likelihood of fauna species re-colonising areas to be cleared after pre-clearing surveys. 10. All records of threatened species detected during pre-clearing surveys and encountered during the construction and operation of the proposal must be provided to the Manager, Threatened Species, Northern Zone NPWS within two working days of the record being made. Reason: To ensure that NPWS is fully informed of the results of the pre-clearing surveys and any previously unrecorded threatened species so that additional ameliorative measures can be developed and applied as required. Feral Animal Control 15. The details of a comprehensive and effective feral animal control plan for the proposal must be submitted to the Manager, Northern Zone NPWS for approval prior to the commencement of clearing. Details of the timing, duration, methods, locations and estimated costs of the plan must be provided. The plan program is to commence prior to the commencement of clearing. Reason: To ensure that a comprehensive and effective feral animal is implemented throughout the course of construction, operation and decommissioning of the proposal. Monitoring and Research 17. A monitoring program is to be undertaken for Philoria kundagungan and Mixophyes balbus The monitoring program must aim to assess the ongoing status of the species and their habitats in the study area and associated creeks and drainage lines and determine whether any adverse impacts are occurring as a result of the proposal. The program should monitor both biotic and abiotic parameters such as frog species, water quality, hydrological changes and the condition of seeps, soaks and bogs. In addition, a research program is to be undertaken for Philoria kundagungan. This program will include a distribution survey of the species on the Timbarra Plateau, where possible, as well as investigations into the breeding biology, movements and habitat requirements of the species. Details of the timing, duration, methods, locations and estimated costs of the monitoring and research program must be provided. The monitoring and research programs are to commence prior to the commencement of clearing and must include investigations of populations of Philoria kundagungan and Mixophyes balbus in the catchment of Billy's Gully, Duncan's Creek and Maclean's Creek within the original Malara State Forest as relevant. The program is to be submitted to the Manager, Northern Zone NPWS for approval prior to commencement of clearing. Reason: To determine whether the proposal has any adverse impacts on the threatened frog Philoria kundagungan and Mixophyes balbus and to develop and apply additional ameliorative measures if required and to gather information on Philoria kundagungan that will assist in developing ameliorative measures to mitigate the potential impact of the proposal on the species, and to ensure that this locational information is publicly available.

[32]

(d) when the occupier of the premise presents a copy of the draft blasting schedule to any person referred to in 6.2 (c) above, the occupier of the premise must invite written comments or suggestions in relation to the draft blasting schedule. These are to be submitted to the occupier of the premise within a reasonable period. (h) a copy of the Final Blasting Schedule must be forwarded to every person referred to in 6.2(c) within one week of it being submitted to the EPA's Regional Office. A copy of any addition or amendment must also be forwarded to every person referred to in 6.2(c) within one week of it being submitted to the EPA's Regional Office. C. Other Conditions 6. Design drawings for the re-routed haul road shown on figure 2 of the Statement of Environmental Effects shall be submitted to Council prior to the commencement of construction. These plans are to incorporate the requirements of the Department of Land and Water Conservation and the Environment Protection Authority. 7. Prior to construction commencing at the RMT pit the Applicant shall submit to the Council a copy of the Mining Operations Plan approved by the Department of Mineral Resources and the pollution control approval granted by the Environment Protection Authority both relating to the proposed construction of the RMT pit. 9. Mining operations shall be conducted in accordance with the Mining Operations Plan approved from time to time by the Department of Mineral Resources. In addition to any requirement of the Department of Mineral Resources, it is a requirement of the Council that the Mining Operations Plan contains the following in relation to ML 1426: (a) the nature of the vegetation which is to be disturbed; (b) the approximate depth of topsoil to be removed as part of mining construction and operation; (c) the contours of the land to be disturbed as they were immediately before the conduct of mining operations; (d) the manner in which it is proposed to remove, store and replace topsoil; (e) plans and sections of the land indicating the location of the minerals to be mined; (f) a site plan of the land indicating the location of any mine workings, mine processing plant and other ancillary works on the surface of the land; (g) the methods to be used in the course of the conduct of mining (h) the order in which mining operations to be conducted on the various parts of the land; (i) the nature of the vegetation proposed to be planted in the course of the rehabilitation of the land; (j) the contours of the land as they are proposed to be after rehabilitation of the land has been completed; (k) the strategy for the disposal of waste products; (1) the management strategy for the minimisation of air and water pollution; (m) the management strategy for the minimisation of noise pollution; (n) the management strategy for the prevention of soil erosion; and (o) the management strategies for the rehabilitation of any land on which mining operations are conducted or related mining infrastructure constructed. 10. The Applicant shall lodge with the Council a copy of the Mining Operations Plan within 14 days after it is approved from time to time by the Department of Mineral Resources. 14. The Applicant shall pay the cost of having a representative of the Local Aboriginal Land Council present during the excavation of surface areas in connection with the approved development.

[109]

The documentary evidence establishes the following relevant facts - (i) Following the discussion held between representatives of the Gold Mining Companies and the Service the Companies wrote to the Service on 5 May 1999 and stated the following in relation to concurrence condition 2(15): Condition 15. The proposed feral animal control program will be as developed in section 2.5 and amendments of the Threatened species Management Plan. The sites for the free feeding bait stations are shown on the accompanying map. These sites have been carefully selected to provide the best chance of detecting feral animals moving along the edge of tracks and the Timbarra road. Details of the timing and duration are documented in the separate report on the feral animal control program (Martin, 1997b). The estimated cost of the planned activities for year 1 is $12,727.50. This plan has been operating since February 1999. (ii) In his letter of 10 May 1999 in response, the Manager Threatened Species Northern Zone advised as follows: Condition 15 The NPWS notes that the Species Impact Statement (SIS) and the TSMP and amendments prepared by Ross Mining detail the proposed feral animal control plan and approves the content of the plan. The NPWS notes from the SIS and section 2.5 of the TSMP that Ross Mining is committed to the provision of adequate resources to fully implement the feral animal control programme. The NPWS notes and approves the six proposed locations for feral animal control bait stations along the access road and in ML 1386 and ML 1426. In accordance with the amendments to the TSMP, free-feeding at these stations is to be monitored for four consecutive nights each two month period and, where feral predator activity is identified, free-feeding is to be continued until at least five nights have elapsed where only feral predator activity has been recorded, before placement of a poisoned bait. The NPWS notes that implementation of this plan has commenced. (iii) A Feral Animal Control Program prepared by Ms Martin in 1997 for the Timbarra Gold Project, and incorporated into the Threatened Species Management Plan (also prepared by Ms Martin), has been extended to apply to the RMT site and as such has been operating since mid 1999.

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