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APA Port Expansion Project Compliance Assessment Plan 4

Compliance Assessment Plan

Ministerial Statement 846

May 2013

ALBANY PORT EXPANSION PROJECT

APA Port Expansion Project Compliance Assessment Plan Page 1

ALBANY PORT EXPANSION PROJECT

COMPLIANCE ASSESSMENT PLAN

Ministerial Statement 846

Prepared by

The Albany Port Authority

Rev 3. May 2013


Revisions history

Version Author DISTRIBUTION REVIEW

Recipients No. Copies/format Date Reviewer Date

A R.Goetze P.Mackey 1 x electronic 9/04/2013 B.Parker 11/4/2013

B R.Goetze OEPA 1 x electronic 22/04/2013 OEPA 30/4/2013

Rev1 R.Goetze OEPA

P.Mackey

1 x electronic

1 x hard copy 8/5/2013

OEPA

P.Mackey 8/5/2013

Rev2 R.Goetze OEPA 1 x electronic 9/5/2013 OEPA 10/5/2013

Rev3 R.Goetze OEPA 1 x electronic 10/5/2013 OEPA 14/5/2013


Contents 1. Introduction .................................................................................................................................... 4

1.1 Background ............................................................................................................................. 4

1.2 Purpose and Scope .................................................................................................................. 5

2. Assessment and Reporting.............................................................................................................. 6

2.1 Audit Table .............................................................................................................................. 6

2.2 Frequency of compliance reporting ...................................................................................... 14

2.3 Approach and timing of compliance assessments ................................................................ 14

2.4 Retention of compliance assessments .................................................................................. 17

2.5 Reporting non-compliances and corrective measures ......................................................... 17

2.6 Table of contents .................................................................................................................. 18

2.7 Public availability of reports.................................................................................................. 18

3. References .................................................................................................................................... 19

Appendix A - Ministerial Statement 846.......……………………………………………………………………………………………………….

Appendix B - Statement of Compliance……………………………………………………………………………………………………………….


1. Introduction

1.1 Background

The Albany Port Expansion Project (the Expansion Project) involves the dredging of

approximately 12 million cubic metres (Mm³) of sediment to facilitate access of Cape size vessels

and meet the needs of Southdown Joint Venture’s (SDJV’s) Southdown Magnetite Project.

Dredging will be undertaken to widen and deepen the existing shipping channel into Princess

Royal Harbour and to extend the shipping channel into King George Sound. A combination of a

Trailer Suction Hopper Dredge (TSHD) and Cutter Suction Dredge (CSD) will be used.

A portion of the dredged material will be used for reclamation of up to 9 hectares of land to

construct an additional berth adjacent to the port while the remainder will be disposed offshore

in deep water at the entrance of King George Sound.

The key components of the Expansion Project are provided in Table 1.1. A detailed description of

the proposal is provided in Section 1 of the Public Environmental Review document (Ecologia,

2007). For a description of water, mussel and sediment quality monitoring, please refer to the

Water Quality Monitoring Program (WQMP, Oceanica, 2013).

Table 1.1 Key components of the Expansion Project.

COMPONENT DESCRIPTION

Dredging

Total area to be dredged 247.7 hectares (ha) including all channel batters. 47.3 ha of which is an existing channel and has been dredged.

Total duration of dredging 32 weeks

Stage 1 Dredging Dredging of 300,000 m³ for reclamation area by Cutter Suction Dredge (CSD). 12 weeks.

Stage 2 Dredging Dredging of 11.7 Mm³ by Trailer Suction Hopper Dredge (TSHD). 20 weeks.

Land Reclamation (Berth 7)

Total area to be reclaimed Up to 9 ha of land to be reclaimed at a height of + 4 m CD

Construction of sea wall Construction of a 900 m continuous rock armoured sea wall, lined with geotextile filter cloth. This component of the works will be managed under the CEMP.

Offshore disposal area

Disposal location Placement of approximately 11.7 million m³ of dredged material in deep water (-35 m CD) within an area of 250 ha located in King George Sound


1.2 Purpose and Scope This Compliance Assessment Plan is submitted in order to fulfil Ministerial Conditions 4.1 and 4.2

of Ministerial Statement 846 (Appendix A) as outlined below.

Ministerial Condition 4.1 – The proponent shall prepare and maintain a compliance assessment

plan to the satisfaction of the CEO of the Office of the Environmental Protection Authority.

Ministerial Condition 4.2 – The proponent shall submit to the CEO of the Office of the

Environmental Protection Authority, the compliance assessment plan required by condition 4-1

prior to the commencement of the implementation of the proposal. The compliance assessment

plan shall indicate:

1. The frequency of compliance reporting;

2. The approach and timing of compliance assessments;

3. The retention of compliance assessments;

4. Reporting of potential non-compliances and corrective actions taken;

5. The table of contents of compliance reports; and

6. Public availability of compliance reports.


2. Assessment and Reporting

2.1 Audit Table

An audit table has been prepared for Ministerial Statement 846 (Table 2.1).

The audit table contains each condition, procedure or commitment separated into audit

elements for auditing purposes, and includes the following attributes:

Audit code: Ministerial statement reference number

Subject: The environmental subject/issue

Requirement: What the proponent must do

How: The way the requirement must be undertaken /Performance Criteria

Evidence: Information or data collected to verify compliance, i.e report/letter/site

inspection requirements

Phase: Project phase

When: Specific timing and/or location

Status: Notes about the fulfilment of compliance

Further Information: Supporting information to verify compliance status

Note that the table is only a summary of conditions in Statement 846 and that the Statement

should be referred to directly for matters requiring additional clarification or information on

procedural matters.


Table 2.1: Audit Table

Audit Code

Subject

Action

How

Evidence

Phase

When

Status

Further Information

846:M1.1

Proposal Implementation The proponent shall implement the proposal as documented and described in schedule 1 of this statement subject to the conditions and procedures of this statement.

Provide details of implementation of key proposal characteristics as described in schedule 1 of Statement 846

Details provided in Annual Compliance Assessment Report

Overall Ongoing

846:M2.1

Proponent Nomination and Contact Details

The proponent for the time being nominated by the Minister for Environment under sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the implementation of the proposal.

Proponent nominated to implement the proposal

Proponent details as listed on Ministerial Statement 846 or as communicated to the OEPA

Overall Ongoing

846:M2.2

Proponent Nomination and Contact Details

The proponent shall notify the Chief Executive Officer (CEO) of the Office of the Environmental Protection Authority of any change of the name and address of the proponent for the serving of notices or other correspondence within 30 days of such change.

Written correspondence providing the change in name and/or address of the proponent

Letter to the CEO of the OEPA notifying change of contact name and address of the proponent

Overall Within 30 days of such change

846:M3.1

Time Limit of Authorisation

The authorisation to implement the proposal provided for in this statement shall lapse and be void five years after the date of this statement if the proposal to which this statement relates is not substantially commenced.

Written correspondence Provide evidence that demonstrates substantial commencement

Construction On or before 18 November 2015.

846:M3.2

Time Limit of Authorisation

The proponent shall provide the CEO with written evidence which demonstrates that the proposal has substantially commenced on or before the expiration of five years from the date of this statement. Written correspondence

Letter notifying the CEO of the OEPA that the proposal has substantially commenced

Construction On or before 18 November 2015.

846:M4.1

Compliance Reporting The proponent shall prepare and maintain a compliance assessment plan to the satisfaction of the CEO of the Office of the Environmental Protection Authority.

Prepare Compliance Assessment Plan utilizing OEPA guidelines


Overall Prior to implementation of the proposal and as required thereafter.

846:M4.2

Compliance Reporting The proponent shall submit to the CEO of the Office of the Environmental Protection Authority, the compliance assessment plan required by condition 4-1 prior to the commencement of the implementation of the proposal. The compliance assessment plan shall indicate: 1. the frequency of compliance reporting; 2. the approach and timing of compliance assessments; 3. the retention of compliance assessments; 4. reporting of potential non-compliances and corrective actions taken; 5. the table of contents of compliance reports; and 6. public availability of compliance reports.

Submit Compliance Assessment Plan indicating: 1. frequency of reporting, 2. approach and timing of compliance assessments. 3. Retention of compliance assessments. 4. Reporting of potential and actual non-compliances and corrective actions taken. 5. Table of contents of compliance reports and 6. Public availability of compliance reports.


Pre-Construction

At least 6 months prior to the first compliance report required by condition 4-6 or prior to ground disturbing activity, whichever is sooner.

846:M4.3

Compliance Reporting The proponent shall assess compliance with conditions in accordance with the compliance assessment plan required by condition 4-1.

Compliance assessment will be undertaken in accordance with the Compliance Assessment Plan

Compliance Assessment Report

Overall Ongoing (as per requirements of CAP)

846:M4.4

Compliance Reporting The proponent shall retain reports of all compliance assessments described in the compliance assessment plan required by condition 4-1 and shall make those reports available when requested by the CEO of the Office of the Environmental Protection Authority.

Retain and make available reports of all compliance assessments in accordance with Compliance Assessment Plan


Overall Ongoing and when requested by the CEO

846:M4.5

Compliance Reporting The proponent shall advise the CEO of the Office of the Environmental Protection Authority of any potential non-compliance within seven days of that non-compliance being known.

Compliance assessment. Written correspondence describing the non-compliance will be sent to the CEO of the OEPA

Letter to CEO of the OEPA advising of non-compliance. Compliance Assessment Report

Overall Within seven business days of the potential non-compliance being known

846:M4.6

Compliance Reporting The proponent shall submit a compliance assessment report annually from the date of commencement of proposal implementation addressing the previous twelve month period or other period as agreed by the CEO of the Office of the Environmental Protection Authority. The compliance assessment report shall: 1. be endorsed by the proponent’s CEO or a person delegated to sign on the CEO’s behalf; 2. include a statement as to whether the proponent has complied with the conditions; 3. identify all potential non-compliances and describe corrective and preventative actions taken; 4. be made publicly available in accordance with the approved compliance assessment plan; and 5. indicate any proposed changes to the compliance assessment plan required by condition 4-1.

Submit annual Compliance Assessment Reports which 1. Are endorsed by the proponent’s CEO, or approved delegate, 2. Include statements of compliance, 3. Identify all potential and actual non-compliances and corrective/preventative actions, 4. Are made publically available and 5. Indicate any proposed changes to the compliance assessment plan required by


Overall The First CAR to be submitted 15 months from date of commencement of proposal implementation, then annually from the date of submission of the first compliance assessment report. Report due 31 April Annually.


condition 4-1. 846:M5A.1

Water Quality Monitoring Program

Prior to the commencement of dredging activities, the proponent shall prepare and implement a Water Quality Monitoring Program as a component of the proponent’s Dredging and Land Reclamation Management Plan to the requirements of the CEO of the Office of the Environmental Protection Authority on the advice of the Department of Health and Department of Environment and Conservation

Prepare and implement Water Quality Monitoring Program to the requirements of the CEO

Water Quality Monitoring Report Dredging and Land Reclamation Management Plan

Pre-construction

Prior to the commencement of dredging activities

846:M5A.2


The Water Quality Monitoring Program shall be prepared in consultation with the City of Albany, Department of Health, Department of Environment and Conservation, Department of Water, Department of Fisheries; and local stakeholders including, but not limited to, the commercial fishing and aquaculture industries, tour operators, recreational and conservation interests

Initiate Albany Dredging Reference Group (ADRG) to include local government, regulators and key stakeholders/community members as indicated in condition 5A-2. ADRG to review draft Water Quality Monitoring Program. Written Correspondence

Albany Dredging Reference Group Minutes and Chairman’s Reports

Overall Prior to the commencement of dredging activities, Ongoing

846:M5A.3


The Water Quality Monitoring Program shall be prepared and implemented to achieve the Environmental Quality Objectives specified in Environmental Protection Authority (February 2000) and the requirements of conditions 5, 7, 8 and 10 of this Statement and shall include: a. A map defining the levels of Ecological Protection that will apply for the duration of dredging and disposal activity and following the completion of this activity; b. Environmental quality indicators and associated ‘trigger’ levels based on the guidelines and recommended approaches in the Australian and New Zealand Guideline for Fresh and Marine Water Quality (ANZECC & ARMCAMZ, 2000) and the Environmental Quality Reference Document for Cockburn Sound (EPA, 2005) for assessing performance against the Environmental Quality Objectives; c. Protocols and schedules for reporting performance against the Environmental Quality Objectives; d. Contingency measures to be implemented in the event that monitoring demonstrates that the environmental quality ‘trigger’ levels have been exceeded at any point during the dredging and disposal program; and e. Details of the consultation process undertaken in accordance with condition 5A-2 including details of the parties consulted, the manner of consultation and the outcomes of consultation.

Prepare and implement Water Quality Monitoring Program to meet requirements of conditions 5, 7, 8 and 10. Prepare maps. Describe environmental quality indicators and ‘trigger’ levels, protocols for reporting performance, and contingency measures for when a ‘trigger’ level is exceeded and consultation process undertaken as indicated in condition 5A-2.

Water Quality Monitoring Report. Compliance Assessment Report.


846:M5A.4


If the Water Quality Monitoring Program requiring in condition 5A-1 demonstrates that the environmental quality ‘trigger’ levels are not met, the proponent shall immediately report to the CEO of the Office of the Environmental Protection Authority with the contingency measures to be implemented

Written correspondence

Letter to CEO of the OEPA advising of trigger level exceedance and contingency measures to be implemented.


846:M5.1

Marine Benthic Communities

The proponent shall not dredge the shipping channel using a trailer suction hopper dredge as described in Schedule 1 of this statement between 1 November and 28 February in any year.

Compliance Assessment No dredging will occur using a trailer suction hopper dredge as described in Schedule 1 and Condition 5-1

Records of dredge activities to be provided to OEPA/DEC. Compliance Assessment Report.

Overall Must not dredge area described in Schedule 1 between 1 November and 28 February in any year.

846:M5.2

Marine Benthic Communities - Seagrass communities

The proponent shall ensure that the implementation of the proposal does not cause the permanent loss of seagrass, either through direct or indirect impacts, other than the seagrass located within the zones of permanent loss in: i. King George Sound, as shown in Figure 4 in Schedule 1 of this statement (not to exceed 16.6 hectares); and ii. Princess Royal Harbour, as shown in Figure 5 in Schedule 1 of this statement (not to exceed 0.8 hectares), unless authorised by the Minister for Environment. Note: ‘Permanent loss’ is defined as the mortality of, or long-term serious damage to, seagrass communities

Implement Water Quality Monitoring Program Include monitoring of seagrass to ensure no permanent loss through direct or indirect impacts (other than that within the zone of permanent loss) in WQMP. Ensure seagrass loss does not exceed 16.6 ha in KGS or 0.8 hectares in PRH.

Compliance Assessment Report. Water Quality Monitoring Report Aerial photography/satellite imagery

Overall Ongoing

846:M5.3


Prior to the commencement of dredging, the proponent shall establish a monitoring program to monitor underwater light attenuation and seagrass health (by way of seagrass shoot density) using permanent relocatable quadrats, to allow for repeated measures over time,

Develop marine benthic community seagrass and light monitoring sites (reference and impact) inside Princess Royal

Water Quality Monitoring Program (Marine Benthic Communities)

Pre-construction

Prior to the commencement of dredging


before, during and after the implementation of the proposal. This monitoring program is to establish the frequency and locations of monitoring. The monitoring locations shall be established in Princess Royal Harbour and King George Sound but outside the zones of permanent loss in condition 5-2 and include: a. impact monitoring sites - at locations where seagrass is found and where water clarity has the potential to be affected by dredging operations; and b. reference monitoring sites - which are similar to each impact monitoring site in all respects including water depths and the presence of seagrass and where water clarity does not have the potential to be affected by dredging operations, to the requirements of the CEO of the Office of the Environmental Protection Authority. The monitoring program is to include protocols and procedures which are consistent with the Environmental Protection Authority’s Manual of Standard Operating Procedures for Environmental Monitoring against the Cockburn Sound Environmental Quality Criteria (March 2005) or any other appropriate protocol acceptable to the CEO of the Office of the Environmental Protection Authority

Harbour and King George Sound but outside the zones or permanent loss as described in Condition 5-2.

846:M5.4

Marine Benthic Communities - Seagrass

communities

Prior to the commencement of dredging the proponent shall commence implementing the monitoring program required by condition 5-4 to the satisfaction of the CEO of the Office of the Environmental Protection Authority

Commence implementation of Water Quality Program required under condition 5-3 which is inferred by condition 5-4

Compliance Assessment Reports Water Quality Monitoring Program (Marine Benthic Communities)

Pre-Construction


846:M5.5


Prior to the commencement of dredging, the proponent shall submit a report on pre-dredging underwater light attenuation and seagrass shoot density data from the locations required by condition 5-4. In the report the proponent shall establish the: a. calculated median, 20th and 1st percentile of pre-dredging seagrass shoot density for each impact monitoring site; and b. calculated median, 20th and 1st percentile of pre-dredging seagrass shoot density for each reference monitoring site

Complete baseline survey monitoring of light attenuation and seagrass shoot density as described in condition 5-5.

Results and data of baseline survey presented in Water Quality Monitoring Program. Albany Port Expansion Baseline Monitoring – Water Quality and Seagrass Health Report

Pre-Construction


846:M5.6


During dredging, the proponent shall monitor underwater light and seagrass health in accordance with the monitoring program required by condition 5-4, to ensure that the following seagrass health criterion is met during the dredging operations. a. The median seagrass shoot density for each impact monitoring site is greater than the 1st percentile of pre-dredging seagrass shoot density determined for each impact monitoring site.

Implement continuous underwater light logging and seagrass monitoring as described in condition 5-6

Water Quality Monitoring Program (Marine Benthic Communities), Weekly underwater light reports and monthly seagrass health reports (to be published on APA website)

Construction During dredging

846:M5.7


In the event that monitoring required by conditions 5-4 and 5-5 indicate that the seagrass health criterion in condition 5-7 is not being met, or that the proponent is unable to undertake seagrass health monitoring during dredging, the proponent shall: a. report such findings including evidence which allows the determination of the cause of the decline in seagrass health; and b. immediately cease and relocate dredging activities. The proponent shall report the above to the CEO of the Office of the Environmental Protection Authority within 4 days of the decline in seagrass health being identified

Immediately cease dredging activities in accordance with condition 5-7. Written correspondence

Letter to the CEO of the OEPA detailing decline in seagrass loss and termination/relocation of dredging activities within 4 days of the decline in seagrass health being identified.

Overall Within 4 days of the decline in seagrass health being identified

846:M5.8


Following the completion of dredging, the proponent shall demonstrate that the median seagrass shoot density at impact sites is greater than or equal to the 20th percentile of pre-dredging seagrass shoot density for each impact site as determined in accordance with condition 5-6 (a) for at least two consecutive years

Implement monitoring of seagrass shoot density for at least two consecutive years upon the completion of dredging. Prepare seagrass shoot density reports to be submitted in Compliance Assessment Report

Compliance Assessment Report. Water Quality Monitoring Reports (Marine Benthic Communities)

Overall Following the completion of dredging

846:M5.9


The proponent shall report to the CEO of the Office of the Environmental Protection Authority the total loss of seagrass communities: a. 2 months; b. 12 months, and c. 24 months, following the completion of the implementation of the proposal to demonstrate that the requirements of condition 5-2 have been met. The reports shall include co-ordinates and a map showing the areas of seagrass losses caused by the proposal

Compile seagrass direct and indirect loss reports and provide to the CEO of the OEPA as described in condition 5-9. Written Correspondence

Seagrass reports. Letter to the CEO of the OEPA demonstrating requirements of condition 5 have been met.

Overall Report at 2 months, 12 months and 24 months following the completion of proposal.

846:M5.10

Marine Benthic Communities - Reef communities

The proponent shall ensure that the proposal does not cause the mortality of, or long-term serious damage to, the high relief reef communities at Gio Batta Patch and Michaelmas Reef in King George Sound as shown in Figure 3 of schedule 1.

Monitor reef communities at Gio Batta Patch, Herald Rocks and Michaelmas Reef as described in condition 5-10.

Reef Community Reports to be submitted to the CEO of the OEPA.

Overall Ongoing


Compliance Assessment Reports

846:M5.11

Marine Benthic Communities - Reef communities

To verify that the requirements of condition 5-11 are met the proponent shall: a. submit a proposed monitoring program to measure the cover, diversity and abundance of high relief reef communities at Gio Batta Patch and Michaelmas Reef to the requirements of the CEO of the Office of the Environmental Protection Authority; b. undertake baseline survey of the reef communities prior to the commencement of dredging; c. undertake surveys following the completion of dredging; and d. submit a report with results of the surveys in items b) and c) above to demonstrate that the requirements of condition 5-11 has been met.

Develop and implement monitoring program for reef communities as described in condition 5-11. Written Correspondence.

Water Quality Monitoring Reports (Marine Benthic Communities). Reef Community Reports to be submitted to the CEO of the OEPA. Compliance Assessment Report

Overall b) Prior to the commencement of dredging, Ongoing

846:M6.1

Seagrass Rehabilitation and Monitoring

Prior to the commencement of dredging and reclamation the proponent shall commence the rehabilitation of a minimum of 1 hectare of seagrass in Princess Royal Harbour using seagrass donor material from the zone of loss in Figure 5 of Schedule 1 at a planting density that achieves 75% average cover in those areas within 10 years following planting at a location(s) to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Water and the Department of Environment and Conservation. The species to be used in seagrass rehabilitation shall include Posidonia sinuosa and Posidonia australis.

Replant a minimum of 1 ha of seagrass in Princess Royal Harbour as per condition 6-1.

Transplanting/Harvesting video footage. Seagrass transplantation results/report.

Overall Prior to the commencement of dredging and reclamation

846:M6.2


The proponent shall design and implement a monitoring program for the seagrass rehabilitation required by condition 6-1 within 1 year of completion of construction activities. The monitoring program shall include monitoring of the survival and shoot density of rehabilitated seagrass annually for the four years following rehabilitation to confirm that survival and growth are sufficient to attain 1 hectare of seagrass meadow of 75% average cover within 10 years following planting

Design and implement a seagrass rehabilitation monitoring program in accordance with the requirements of condition 6.

Seagrass Rehabilitation and Monitoring Management Plan

Overall Within 1 year of completion of construction activities

846:M6.3


The proponent shall report to the Office of the Environmental Protection Authority on the progress of seagrass rehabilitation required by condition 6-2 annually for four years following planting, and then every two years thereafter until it can be demonstrated to the satisfaction of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Water and Department of Environment and Conservation that the requirement of condition 6-1 has been met

Monitor seagrass rehabilitation progress annually as per condition 6. The Compliance Assessment Reports shall include the results of the seagrass monitoring.


Overall Annually for four years following planting, and then every two years thereafter until it can be demonstrated the requirements of 6-1 have been met to the satisfaction of the CEO

846:M7.1

Marine Water and Sediment Quality (Mercury and Other Contaminants)

The proponent shall ensure that the dredging of the portion of the shipping channel shown in Figure 6 of Schedule 1 is undertaken in a manner that does not cause any overflow of turbid water into the environment from the dredge vessel.

The portion of the shipping channel shown in Figure 6 shall be dredged in a manner that does not cause any overflow of turbid water. The material will be removed by accurately locating the dredge suction head using differential GPS and selectively dredging to a depth of two meters.

Area of sediment removed without overflow verified by hydrographic surveys. Compliance Assessment Reports

Overall Ongoing

846:M7.2


From commencement of dredging of the shipping channel in King George Sound and the disposal of material at the offshore disposal ground, the proponent shall ensure that contaminant levels in the vicinity of the dredge channel and the disposal ground in water and sediment are below the ANZECC/ARMCANZ 2000 guidelines and the Guidelines for Managing Risks in Recreational Water (National Health and Medical Research Council, 2008) for mercury and other contaminants including silver, tributyltin oxide and other heavy metals, polychlorinated biphenyls and organochlorines. The guideline for mercury in water is 0.1 micrograms per litre and mercury in sediment is 0.15 milligrams per kilogram.

Conduct water and sediment quality monitoring of toxicants within the dredge plume during both Stage 1 and Stage 2 dredging.

Report on water and sediment quality on a ten day working basis. Report to be submitted to the OEPA

Overall From commencement of dredging of the shipping channel in King George Sound and the disposal of material at the offshore disposal ground

846:M7.3


Prior to the commencement of dredging the proponent shall develop and submit a monitoring program to monitor mercury and other contaminants in sediments and water to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Environment and Conservation and Department of Health. The monitoring program shall include the frequency and locations of monitoring sites to be established

Develop and submit monitoring program for toxicants/contaminants in accordance with the requirements of condition 7.

Water Quality Monitoring Program (Water and Sediment Quality)

Pre-Construction


846:M7.4

Marine Water and Sediment Quality (Mercury and Other

The proponent shall implement the monitoring program required by condition 7-3, prior to, during, and following the completion of dredging and disposal activities

Implement Water Quality Monitoring Program (Water and Sediment Quality)

Reports on water and sediment quality.

Overall Ongoing


Contaminants) Reports to be submitted to the OEPA

846:M7.5


The proponent shall undertake sediment quality monitoring for mercury and other contaminants bi-annually for two years following the completion of dredging activities to ensure ANZECC/ARMCANZ 2000 criteria referred to in condition 7-2 are being met

Undertake sediment quality monitoring for mercury/contaminants bi-annually for two years following dredging.


Overall Bi-annually for two years following the completion of dredging activities

846:M7.6


The proponent shall submit monitoring results required by: a. condition 7-2 every 2 weeks from the commencement of Stage 2 dredging activities; and b. condition 7-5 within 2 months following the completion of dredging and every 12 months following the completion of dredging for two consecutive years. to the CEO of the Office of the Environmental Protection Authority.

Submit sediment quality monitoring results as required per condition 7-6.

Fortnightly sediment quality reports. Bi-annual sediment quality reports.

Overall Results submitted every 2 weeks from the commencement of Stage 2 dredging activities

846:M7.7


In the event that monitoring indicates that the requirement of condition 7-2 is not being met or not being likely to be met: 1. the proponent shall report such findings to the CEO of the Office of the Environmental Protection Authority within 2 days of the exceedance being identified; 2. the proponent shall provide evidence which allows determination of the cause of the exceedance; 3. if determined by the CEO of the Office of the Environmental Protection Authority to be a result of activities undertaken in implementing the proposal, the proponent shall submit actions to be taken to remediate the decline within 2 days of the determination being made to the CEO of the Office of the Environmental Protection Authority; and 4. the proponent shall implement actions to remediate the exceedance of the criteria in condition 7-2 upon approval of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Environment and Conservation and shall continue until such time the CEO of the Office of the Environmental Protection Authority determines that the remedial actions may cease.

Written Correspondence

Letter to the CEO of the OEPA reporting on exceedance of contaminants in water/sediment

Overall Within 2 days of the exceedance being identified

846:M7.8


The proponent shall make the monitoring reports required by conditions 7-6 publicly available in a manner approved by the CEO of the Office of the Environmental Protection Authority

Make reports publically available online.

Reports published on APA website.

Overall Within 7 days of a request for monitoring reports being made

846:M8.1

Sentinel Mussel Monitoring

The proponent shall ensure that the implementation of the proposal does not compromise the environmental objective for the maintenance of seafood safe for human consumption in King George Sound and Oyster Harbour.

Sentinel mussels will be deployed and monitored for toxicants at two of the WA Shellfish Quality Assurance Program Mussel Water Quality Sampling Locations.

Water Quality Monitoring Reports (Toxicants in Seafood) Compliance Assessment Reports

Overall Ongoing

846:M8.2


To verify the requirements of condition 8-1, prior to the commencement of dredging the proponent shall develop and submit a Sentinel Mussel Monitoring Program to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries, Department of Health and the Department of Environment and Conservation. The monitoring program is to include protocols and procedures which are consistent with the Western Australian Shellfish Quality Assurance Program (February 2004). The Sentinel Mussel Monitoring Program shall operate in the vicinity of Mistaken Island within King George Sound and at other location as agreed with the CEO of the Office of the Environmental Protection Authority

Develop and submit a Sentinel Mussel Monitoring Program to meet the requirements of condition 8-1 and 8-2.

Water Quality Monitoring Program (Toxicants in Seafood)

Pre-Construction


846:M8.3


Subject to the requirements of conditions 8-4 and 8-5, the proponent shall implement the Sentinel Mussel Monitoring Program required by condition 8-2 prior to, during and for at least 12 months following the completion of dredging

Implement Water Quality Monitoring Program (Toxicants in Seafood)


Overall Prior to, during and for at least 12 months following the completion of dredging

846:M8.4


Prior to the commencement of dredging activities the proponent shall deploy sentinel mussels and harvest and analyse these mussels after six weeks to determine background concentrations of mercury.

Sentinel mussels will be deployed 6-7 weeks prior to the commencement of dredging and harvested after six weeks. The mussels will be sent to a NATA accredited laboratory to be analysed for toxicants, including mercury.

Results of sentinel mussel monitoring submitted to the CEO of the OEPA, DoH and DoF prior to dredging and every six weeks during implementation of Stage 2.

Pre-construction


846:M8.5


Immediately prior to dredging the proponent shall deploy sentinel mussels and harvest these mussels after six weeks for monitoring of contaminant levels in Clause 2 of Standard 1.4.1 Contaminants and Natural Toxicants of the Australia and New Zealand Food Standards

Sentinel mussels will be deployed prior to the commencement of dredging and harvested as described in

Water Quality Monitoring Report (Toxicants in Seafood).

Pre-construction

Immediately prior to dredging


Code and other contaminants on the advice of the Department of Health. Fresh sentinel mussels shall then be deployed at six week intervals, then harvested and analysed as above, and this regime continued during dredging and for at least six months following completion of dredging. The sample size and analysis of samples shall consist of at least five mussels each time.

Condition 8-5. Mussels will be sampled and analysed as described in Condition 8-5.

Results of sentinel mussel monitoring submitted to the CEO of the OEPA, DoH and DoF.

846:M8.6


If the level of mercury in sentinel mussels at any site harvested under condition 8-5 exceeds a trigger level of 0.4 mg/kg (mean value), or if the level of any other contaminant in sentinel mussels at any site harvested under condition 8-5 exceeds the trigger level for that contaminant as specified in the Sentinel Mussel Monitoring Program: a. the proponent shall report such findings to the CEO of the Office of the Environmental Protection Authority, Department of Health and Department of Fisheries within 24 hours of the exceedance being identified; b. the proponent shall provide evidence which allows determination of the cause of the exceedance; c. if determined by the CEO of the Office of the Environmental Protection Authority to be a result of activities undertaken in implementing the proposal, the proponent shall submit actions to be taken to remediate the cause of the exceedance within 2 days of the determination being made to the CEO of the Office of the Environmental Protection Authority; and d. the proponent shall implement actions to remediate the exceedance of the trigger level upon approval of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Health and Department of Fisheries and shall continue until such time the CEO of the Office of the Environmental Protection Authority determines that the remedial actions may cease.

Investigation to determine cause of exceedance. Submit actions to be taken to remediate the cause of the exceedance within 2 days if found to be a result of proposal activitites as described in Condition 8-6. Implement remediation actions under circumstances detailed in condition 8-6. Report findings to the CEO, Dept of Health, and Dept of Fisheries within 24 hours of the exceedance being identified Written Correspondence

Letter to the CEO of the OEPA, DoG and DoF on exceedance of mercury in sentinel mussels within 24 hours. Laboratory reports.

Overall Within 24 hours of the exceedance being identified. Within 2 days of the determination being made to the CEO.

846:M8.7


Subject to the requirements of condition 8-6, the proponent shall ensure that the environmental objective of the maintenance of seafood safe for human consumption is met, and in doing so ensure contaminant levels in sentinel mussels do not exceed the standards specified in the Table to Clause 2 of Standard 1.4.1 Contaminants and Natural Toxicants of the Australia and New Zealand Food Standards Code and standards for other contaminants on the advice of the Department of Health

Ensure seafood is maintained for the safe consumption by humans by monitoring and reporting toxicant levels in sentinel mussels.


Overall Ongoing

846:M8.8


If the level of one or more of the contaminants in sentinel mussels harvested under conditions 8-4 or 8-5 exceeds the levels set by condition 8-7, the proponent is to report that exceedance to the CEO of the Office of the Environmental Protection Authority, the Department of Fisheries and the Department of Health as soon as possible, but in any event, not later than 24 hours of the exceedance being identified

Written correspondence

Letter to the CEO of the OEPA, DoG and DoF on exceedance of contaminants in sentinel mussels within 24 hours.

Overall No later than 24 hours of the exceedance being identified

846:M8.9


The proponent shall submit the results of the monitoring programme required by condition 8-2 to the CEO of the Office of the Environmental Protection Authority, the Department of Health and the Department of Fisheries; 1. prior to the commencement of dredging; 2. every 6 weeks during the implementation of Stage 2 dredging; and then at such intervals as required by the Sentinel Mussel Monitoring Program required by condition 8-2.

Submit results to CEO of the OEPA, DoH and DoF as described in Condition 8-9.

Reports/laboratory results on sentinel mussel monitoring.

Overall Prior to the commencement of dredging and then every 6 weeks during the implementation of Stage 2 dredging.

846:M8.10 Sentinel Mussel Monitoring

The proponent shall make the monitoring reports required by conditions 8-9 publicly available in a manner approved by the CEO of the Office of the Environmental Protection Authority

Make reports publically available,

Reports published on APA website.

Overall Within 7 days of a request for monitoring reports being made

846:M9.1

Introduced Marine Species and Dredging Equipment

Prior to the arrival of any dredging and other marine equipment and vessels associated with the proposal, the proponent shall prepare a Marine Pests Management Strategy capable of detecting and managing any introduced marine pest to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries

Prepare a Marine Pests Management Strategy prior to arrival of any marine equipment as described in Condition 9-1.

Marine Pests Management Strategy Shipping/vessel schedule/logs.

Overall Prior to the arrival of any dredging and other marine equipment and vessels associated with the proposal

846:M9.2


Prior to commencement of dredging and within 48 hours following entry of dredging and other marine equipment and other vessels associated with the proposal within the Albany Port Authority area as shown in Figure 1 in Schedule 1 of this statement, the proponent shall arrange and undertake an inspection by an appropriately qualified expert to ensure that: 1. there is no sediment on or within the dredging equipment; 2. ballast water (if any) has been managed according to the Australian Quarantine Inspection Service ballast water requirements; and 3. any fouling organisms on or in the dredging equipment do not present a risk to the ecosystem integrity of the marine waters of Albany harbours as shown in Figure 1 in

Qualified expert to undertake inspection of vessels to meet requirements of Condition 9-2.

Inspection Report/Results.

Pre-construction

Prior to the commencement of dredging and within 48 hours following entry of dredging and other marine equipment and other vessels associated with the proposal within the Albany Port Authority area


Schedule 1 of this statement. 846:M9.3


The proponent shall manage any sediment or fouling organism found as a consequence of the inspection required by condition 9-2, in accordance with the Marine Pests Management Strategy required by condition 9-1, prior to the commencement of dredging, to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries.

Manage any sediment or fouling organism as required by condition 9-3.

Written correspondence with CEO of OEPA and DoF on any sediment or fouling organism found during inspection.

Overall Prior to the commencement of dredging

846:M9.4


In the event that the dredging equipment is to be transferred from the Albany Port Authority area to another location within Western Australian territorial waters following completion of dredging and disposal activities, the proponent shall undertake an investigation employing an appropriately qualified marine scientist to identify the presence of / the potential for introduced marine pest species in accordance with the Marine Pests Management Strategy required by condition 9-1.

Qualified marine scientist to undertake inspection of dredging equipment for marine pests prior to departure.

Inspection report/results.

Overall In the event that dredging equipment is to be transferred from the Albany Port Authority Area, Ongoing

846:M9.5


In the event that any introduced marine pest species are detected, the proponent shall implement the Marine Pests Management Strategy required by condition 9-1 prior to the dredge equipment being moved from the Albany Port Authority area to ensure that introduced marine pest species are not transferred to other locations within Western Australian territorial waters to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries

Implement Marine Pest Management Strategy and liaise with OEPA/DoF if marine pest species are detected.

Inspection report/results. Written correspondence with CEO of OEPA and DoF on any detected marine pest species.

Overall In the event that any introduced marine pest species are detected, Ongoing

846:M10.1

Maintenance of aquaculture

The proponent shall ensure that the implementation of the proposal does not cause the Environmental Quality Objective for the ‘Maintenance of aquaculture’ to be compromised at the aquaculture operations in the vicinity of Mistaken Island

Continually log underwater light and measure total suspended solids at site within the vicinity of Mistaken Island.

Water Quality Monitoring Report (Turbidity) Turbidity results submitted to CEO of the OEPA, DoH and DoF

Overall Ongoing

846:M10.2


Prior to the commencement of dredging the proponent shall develop a monitoring program for measuring turbidity which includes turbidity trigger levels for management and contingency actions in order to demonstrate the requirements of condition 10-1 are being met

Develop monitoring program for turbidity

Water Quality Monitoring Program (Turbidity)

Pre-Construction


846:M10.3


The proponent shall implement the monitoring program and monitor turbidity against the turbidity trigger levels required by condition 10-2

Implement Water Quality Monitoring Program (Turbidity) prior to commencement of dredging.

Water Quality Monitoring Report(Turbidity) Turbidity results submitted to CEO of the OEPA, DoH and DoF

Overall Ongoing

846:M10.4


In the event the monitoring required by condition 10-3 indicates that the requirements of condition 10-1 are not being met or are not likely to be met, the proponent shall immediately provide and implement proposed management measures to the satisfaction of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries and the Department of Water

Provide and implement management measures in the event of non-compliance as specified in condition 10-4. Written correspondence.

Remediation/management plan. Letter to the CEO of the OEPA, DoF and DoW.

Overall In the event that monitoring required by condition 10-3 indicates that the requirements of condition 10-1 are not being met or are not likely to be met, Ongoing


2.2 Frequency of compliance reporting The first compliance report shall be submitted 15 months from the date of commencement of

proposal implementation. At the time of preparing this Compliance Assessment Plan, the only

component of the proposal that has been implemented is the rehabilitation of 1 hectare of

seagrass in Princess Royal Harbour (Condition 6). This component was completed on January 31,

2012 and therefore the first Compliant Assessment Report is expected to be submitted by April

31, 2013 however extension has been granted for the first Compliance Assessment Report to be

submitted 31 July 2013. Each subsequent report shall be submitted annually by 31 April reporting

from the period 31 January to 31 January.

2.3 Approach and timing of compliance assessments

The Albany Port Authority shall on an annual basis assess compliance with all conditions of

Ministerial Statement 846 as outlined in the Audit Table provided as Table 2.1.

In summary, the compliance assessment will:

Review each condition listed in the Compliance Audit Table, and determine Albany Port

Authority’s compliance.

Address any non-compliance identified during the compliance assessment process in more

detail.

Include the identification of any remedial actions taken to mitigate the impacts of non-

compliance.

Identify any contingency measures that have been implemented to reduce the potential for

any identified non-compliance reoccurring.

Where a condition of Ministerial Statement 846 requires implementation of an Environmental Monitoring Program, the assessment of compliance status shall also:

Detail whether each of the requirements specified in the Environmental Monitoring Program have been, are being, have not or are not being fulfilled;

review the performance of the Environmental Monitoring Program in achieving environmental outcomes required; and

review the effectiveness of the Environmental Monitoring Program in verifying whether objectives are met or in adequately monitoring the relevant factors.

Compliance with the conditions of Statement 846 will be assessed as outlined in the Approach and Timing Table below (Table 2.2).


Table 2.2: Approach and Timing Table

Audit Code (refer to Audit Table)

Assessment Timing

846:M1.1 To be summarised in Project Status section of each Compliance Assessment Report

Annually

846:M2.2 Correspondence with OEPA Within 30 days 846:M3.1 & M3.2 Correspondence with OEPA On or before 18 November 2015 846:M4.1 & M4.2

Correspondence with OEPA and Compliance Assessment Plan

Submission of Compliance Assessment Plan prior to proposal implementation or at least 6 months prior to the first compliance report requirement.

846:M4.3 Compliance Assessment Report Annually 846:M4.4 Availability of all compliance reports on

request Annually

846:M4.5 Correspondence with OEPA Within 7 days of known non-compliance 846:M4.6 Compliance Assessment Report Annually 846:M5A.1, M5A.2 & M5A.3

Development of Albany Dredging Reference Group, Water Quality Monitoring Program approved by the CEO and provision of WQMP Reports.

Prior to the commencement of dredging activities. Annually.

846:M5A.4 Correspondence with OEPA

Immediately after an exceedance in water quality ‘trigger’ levels becomes known.

846:M5.1 & M5.2 Water Quality Monitoring Program section of Compliance Assessment Report Records of dredge activities

Annually

846:M5.3, M5.4 & M5.5

Approved Water Quality Monitoring Program (Marine Benthic Communities), Compliance Assessment Report. And Albany Port Expansion Baseline Monitoring – Water Quality and Seagrass Health Report

Prior to the commencement of dredging activities. Annually.

846:M5.6 Underwater light reports and seagrass health reports

During dredging on a weekly basis for light reports and a monthly basis for seagrass health.

846:M5.7 Correspondence with OEPA

Within 4 days of the decline in seagrass health being identified.

846:M5.8 Seagrass Communities section of Compliance Assessment Report

Annually following the completion of dredging.

846:M5.9 Correspondence with OEPA and seagrass assessment reports

Reporting at 2 months, 12 months and 24 months following the completion of proposal.

846:M5.10 Reef Communities section of each Compliance Assessment Report

Annually.

846:M5.11 Water Quality Monitoring Program (Marine Benthic Communities) and Reef Community reports to be included in each Compliance Assessment Report

Prior to the commencement of dredging and following the completion of dredging, ongoing.

846:M6.1 Monitoring and assessment of transplanted seagrass in Princess Royal Harbour

Prior to the commencement of dredging and reclamation.

846:M6.2 Seagrass Rehabilitation and Monitoring Management Plan

Program to be implemented within 1 year of completion of construction activities and monitoring to occur annually for 10 years.

846:M6.3 Seagrass Communities section of each Compliance Assessment Report

Annually for four years following planting and then every two years until the requirements of M6.1 have been met.

846:M7.1 Compliance Assessment Reports Annually


846:M7.2 Reports on water and sediment quality submitted to the OEPA

Reports on a ten day working basis from the commencement of dredging of the shipping channel in King George Sound and the disposal of material at the offshore disposal ground.

846:M7.3 Water Quality Monitoring Program (Water and Sediment Quality)


846:M7.4 Water and Sediment Quality section of each Annual Compliance Assessment Report

Annually

846:M7.5 Sediment Quality monitoring for mercury and other contaminants in Compliance Assessment Report.

Bi-annually for two years following the completion of dredging activities.

846:M7.6 Sediment quality monitoring results in sediment quality report.

Results to be submitted every 2 weeks from the commencement of Stage 2 dredging activities.

846:M7.7 Correspondence with OEPA Within 2 days of the exceedance being identified 846:M7.8 Monitoring reports published on APA website

upon request Within 7 days of a request for monitoring reports being made

846:M8.1 Water Quality Monitoring Program (Toxicants in Seafood) reports included in Compliance Assessment Report

Ongoing, annual Compliance Assessment Report.

846:M8.2 Approved Water Quality Monitoring Program (Toxicants in Seafood)


846:M8.3 Sentinel Mussel Monitoring section of each Compliance Assessment Report.

Prior to, during and for at least 12 months following the completion of dredging.

846:M8.4 Sentinel Mussel Monitoring results submitted to OEPA, DoH and DoF.


846:M8.5 Water Quality Monitoring Report (Toxicants in Seafood)

Immediately prior to dredging

846:M8.6 Correspondence with OEPA, DoH and DoF

Correspondence within 24 hours of the exceedance being identified and remedial action within 2 days of the determination being made to the CEO.

846:M8.7 Sentinel Mussel Monitoring section of each Compliance Assessment Report.

Annually.

846:M8.8 Correspondence with OEPA, DoH and DoF No later than 24 hours of the exceedance being identified. 846:M8.9

Sentinel Mussel Monitoring Reports Prior to the commencement of dredging and every 6 weeks during implementation of Stage 2 dredging.

846:M8.10 Sentinel mussel monitoring reports published on APA website upon request

Within 7 days of a request for monitoring reports being made.

846:M9.1 Marine Pests Management Strategy

Prior to the arrival of any dredging and other marine equipment and vessels associated with the proposal.

846:M9.2

Introduced Marine Species Inspection Report

Prior to the commencement of dredging and within 48 hours following entry of dredging and other marine equipment and other vessels associated with the proposal within the Albany Port Authority Area.

846:M9.3 Correspondence with OEPA and DoF Prior to the commencement of dredging 846:M9.4

Introduced Marine Species Inspection Report In the event that dredging equipment is to be transferred from the Albany Port Authority, ongoing.

846:M9.5 Marine Pests Management Strategy and correspondence with OEPA and DoF

In the event that any introduced marine pest species are detected, Ongoing.

846:M10.1 Water Quality Monitoring (Turbidity) Report submitted to OEPA, DoH and DoG

Ongoing

846:M10.2 Water Quality Monitoring (Turbidity) Program Prior to the commencement of dredging 846:M10.3 Water Quality Monitoring (Turbidity) Program

results submitted to OEPA, DoH and DoF Ongoing

846:M10.4 Correspondence with OEPA, DoF and DoW and remediation/management plan.

In the event that monitoring required by Condition 10-3 indicates that the requirements of condition 10-1 are not being met or are not likely to be met, Ongoing.


2.4 Retention of compliance assessments The Albany Port Authority will retain all compliance assessment reports for the life of the project

and a minimum of seven years following the end of the life of the proposal. The life of the

proposal is considered to continue until all implementation conditions of the proposal have been

met to the satisfaction of the CEO of the OEPA and all decommissioning and/or closure has been

completed.

The retention of compliance assessment reports includes the retention of all supporting

documentation and analysis used to support/verify the stated compliance status as determined

by the compliance assessment which will also be retained for reference purposes.

2.5 Reporting non-compliances and corrective measures The Albany Port Authority will provide written notification to the CEO of the Office of the

Environmental Protection Authority of potential non-compliance within 7 days of that non-

compliance being identified in accordance with Condition 4-5 of Ministerial Statement No.846.

All potential non-compliances will be identified and reported in the associated annual compliance

assessment report. The report will include a detailed description of what corrective and/or

preventative actions were taken once an investigation into the non-compliance has been

completed.

In the event of a non-compliance or potential non-compliance, an email will be sent to the OEPA

Compliance Branch ([email protected]) within 48 hours of the non-compliance

becoming known. A follow up hard copy letter will also be sent to the OEPA Compliance Branch

Environment Officer responsible for Ministerial Statement 846 to confirm the occurrence of any

non-compliance or potential non-compliance. This will be accompanied by a report within 7 days

that will detail the following information:

The implementation condition or procedure that was non-compliant or potentially non-

compliant.

The date (s) on which the non-compliance or potential non-compliance occurred.

If the non-compliance or potential non-compliance was reported and if so, how and on

what date.

A description of the non-compliance or potential non-compliance accounting for the

location, extent of, impacts associated with and cause of the occurrence (if available at

the time)

If the non-compliance or potential non-compliance requires additional investigation or details of

the non-compliance remain unknown after 7 days a further report will be provided to the OEPA

Compliance Branch Environment Officer. All potential non-compliances will be identified and

reported in the associated annual compliance assessment report. The report will include a

detailed description of what corrective and/or preventative actions were taken once an

investigation into the non-compliance has been completed. It will also include a detailed

description of what measures (if any) were in place to prevent non-compliance and what

amendments have been made to those measures to prevent re-occurrence.


The information reported will be inclusive of all parts of Section 3 of Post Assessment Form 2 for

Statement of Compliance (Appendix B).

All details and reports of any non-compliances or potential non-compliances will be retained on

record by the Albany Port Authority. This includes correspondence between the Albany Port

Authority and the OEPA Compliance Branch, annual Compliance Assessment Reports and any

relevant monitoring results and/or data.

2.6 Table of contents

The table of contents to be included in each compliance assessment report will, at a minimum,

include the following:

Executive summary - including a brief overview of the proposal’s implementation status

and a compliance summary.

Introduction – including background details regarding the proposal, including key

components.

Purpose and scope – including the reasoning behind the development of the CAR and the

proposal elements in which it addresses.

Project status – including a detailed description of the implementation status of each

proposal component as well as any significant issues and/or achievements.

Compliance Summary – including details of the declared compliance status of each

condition presented in the CAP Ministerial 846 Audit Table.

Environmental Monitoring – including details of each proposal component that has been

implemented (i.e Seagrass monitoring) as well as supporting information/documentation

and/or data.

References – including details of any reports or information that has been cited.

2.7 Public availability of reports The Albany Port Authority will make the annual compliance reports publically available upon

request in accordance with the OEPA’s Post Assessment Guideline for Making Information

Publically Available (OEPA 2012a). Information and documents required to be made publically

available by an implementation condition of Ministerial 846 will be made publically available to

stakeholders, including members of the public on request and within 7 days of receiving the

request. In addition, all reports will be posted on the Albany Port Authority’s website at

www.albanyport.com.au.

Where information and/or documents are to be submitted to the OEPA, they will be submitted to

the General Manager and marketed to the attention of the Manager, Compliance Branch as:

1 x electronic copy (provided on CD or thumb drive)

1 x hard copy

http://www.albanyport.com.au/


3. References

Ecologia Environment (2007), Albany Iron Ore Project Public Environmental Review, Albany Port

Expansion Proposal EPA Assessment No. 1594, prepared by Ecologia Environment for

Albany Port Authority, September 2007.

Oceanica (2013) Albany Port Expansion Project Water Quality Monitoring Program, Report No.

874_003/1, prepared by Oceanica Consulting Pty Ltd for the Albany Port Authority, May

2013.

OEPA (2012a), Post Assessment Guideline for Making Information Publicly Available, Post

Assessment Guideline No.4, Office of the Environmental Protection Authority, August

2012.

OEPA (2012b), Post Assessment Guideline for Preparing an Audit Table, Post Assessment

Guideline No.1, Office of the Environmental Protection Authority, August 2012.

OEPA (2012c), Post Assessment Guideline for Preparing a Compliance Assessment Report, Post


2012.

OEPA (2012d), Post Assessment Guideline for Preparing a Compliance Assessment Plan, Post


2012

STATUS OF THIS DOCUMENT This document has been produced by the Office of the Appeals Convenor as an electronic version of the original Statement for the proposal listed below as signed by the Minister and held by this Office. Whilst every effort is made to ensure its accuracy, no warranty is given as to the accuracy or completeness of this document. The State of Western Australia and its agents and employees disclaim liability, whether in negligence or

otherwise, for any loss or damage resulting from reliance on the accuracy or completeness of this document.

Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction

except in accordance with copyright law is prohibited. Published on: 18 November 2010 Statement No. 846

STATEMENT THAT A PROPOSAL MAY BE IMPLEMENTED

(PURSUANT TO THE PROVISIONS OF THE

ENVIRONMENTAL PROTECTION ACT 1986)

ALBANY PORT EXPANSION PROJECT Proposal: The proposal is for the dredging of 12 million cubic metres of

sediments to widen and deepen the existing shipping channel into

Princess Royal Harbour and to extend the shipping channel into

King George Sound to allow access of cape-size vessels to the

Port. Dredged material will be disposed offshore at a location in

King George Sound.

A portion of the dredged material will be used for reclamation of

up to 9 hectares of Princess Royal Harbour to construct a new

berth (Berth 7). The proposal is documented in schedule 1 of this

statement. Proponent: Albany Port Authority

Proponent Address: 85 Brunswick Road,

ALBANY WA 6330 Assessment Number: 1594

Appeal Determination: Appeals 8 to 13 of 2010

Report of the Environmental Protection Authority: Report 1346

The proposal referred to in the above report of the Environmental Protection Authority may be

implemented. The implementation of that proposal is subject to the following conditions and procedures:

1 Proposal Implementation

1-1 The proponent shall implement the proposal as documented and described in schedule 1

of this statement subject to the conditions and procedures of this statement.

Appendix A – Ministerial Statement 846

2 Proponent Nomination and Contact Details

2-1 The proponent for the time being nominated by the Minister for Environment under

sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the

implementation of the proposal.

2-2 The proponent shall notify the Chief Executive Officer (CEO) of the Office of the

Environmental Protection Authority of any change of the name and address of the

proponent for the serving of notices or other correspondence within 30 days of such change.

3 Time Limit of Authorisation

3-1 The authorisation to implement the proposal provided for in this statement shall lapse and

be void five years after the date of this statement if the proposal to which this statement

relates is not substantially commenced.

3-2 The proponent shall provide the CEO with written evidence which demonstrates that the

proposal has substantially commenced on or before the expiration of five years from the

date of this statement.

4 Compliance Reporting

4-1 The proponent shall prepare and maintain a compliance assessment plan to the satisfaction

of the CEO of the Office of the Environmental Protection Authority.

4-2 The proponent shall submit to the CEO of the Office of the Environmental Protection Authority, the compliance assessment plan required by condition 4-1 prior to the

commencement of the implementation of the proposal. The compliance assessment plan shall indicate:

1 the frequency of compliance reporting;

2 the approach and timing of compliance assessments;

3 the retention of compliance assessments;

4 reporting of potential non-compliances and corrective actions taken;

5 the table of contents of compliance reports; and

6 public availability of compliance reports.

4-3 The proponent shall assess compliance with conditions in accordance with the compliance

assessment plan required by condition 4-1.

4-4 The proponent shall retain reports of all compliance assessments described in the

compliance assessment plan required by condition 4-1 and shall make those reports available when requested by the CEO of the Office of the Environmental Protection

Authority. 2 of 19

4-5 The proponent shall advise the CEO of the Office of the Environmental Protection Authority of any potential non-compliance within seven days of that non-compliance

being known.

4-6 The proponent shall submit a compliance assessment report annually from the date of

commencement of proposal implementation addressing the previous twelve month

period or other period as agreed by the CEO of the Office of the Environmental Protection Authority. The compliance assessment report shall:

1 be endorsed by the proponent’s CEO or a person delegated to sign on the CEO’s

behalf;

2 include a statement as to whether the proponent has complied with the conditions;

3 identify all potential non-compliances and describe corrective and preventative actions

taken;

4 be made publicly available in accordance with the approved compliance assessment

plan; and

5 indicate any proposed changes to the compliance assessment plan required by

condition 4-1.

5A Water Quality Monitoring Program

5A-1 Prior to the commencement of dredging activities, the proponent shall prepare and

implement a Water Quality Monitoring Program as a component of the proponent’s

Dredging and Land Reclamation Management Plan to the requirements of the CEO of

the Office of the Environmental Protection Authority on the advice of the Department of

Health and Department of Environment and Conservation.

5A-2 The Water Quality Monitoring Program shall be prepared in consultation with the City

of Albany, Department of Health, Department of Environment and Conservation,

Department of Water, Department of Fisheries; and local stakeholders including, but not

limited to, the commercial fishing and aquaculture industries, tour operators,

recreational and conservation interests.

5A-3 The Water Quality Monitoring Program shall be prepared and implemented to achieve

the Environmental Quality Objectives specified in Environmental Protection Authority (February 2000) and the requirements of conditions 5, 7, 8 and 10 of this Statement and

shall include:

a) A map defining the levels of Ecological Protection that will apply for the duration of

dredging and disposal activity and following the completion of this activity;

b) Environmental quality indicators and associated ‘trigger’ levels based on the guidelines and recommended approaches in the Australian and New Zealand Guideline for Fresh and Marine Water Quality (ANZECC & ARMCAMZ, 2000) and the Environmental Quality Reference Document for Cockburn Sound (EPA,

2005) for assessing performance against the Environmental Quality Objectives; 3 of 19

c) Protocols and schedules for reporting performance against the Environmental Quality Objectives;

d) Contingency measures to be implemented in the event that monitoring demonstrates

that the environmental quality ‘trigger’ levels hav e been exceeded at any point during the dredging and disposal program; and

d) Details of the consultation process undertaken in accordance with condition 5A-2

including details of the parties consulted, the manner of consultation and the

outcomes of consultation. 5A-4 If the Water Quality Monitoring Program requiring in condition 5A-1 demonstrates that

the environmental quality ‘trigger’ levels are not met, the proponent shall immediately

report to the CEO of the Office of the Environmental Protection Authority with the contingency measures to be implemented.

5 Marine Benthic Communities

5-1 The proponent shall not dredge the shipping channel using a trailer suction hopper dredge

as described in Schedule 1 of this statement between 1 November and 28 February in

any year.

Seagrass communities

5-2 The proponent shall ensure that the implementation of the proposal does not cause the

permanent loss of seagrass, either through direct or indirect impacts, other than the seagrass located within the zones of permanent loss in:

i. King George Sound, as shown in Figure 4 in Schedule 1 of this statement (not to

exceed 16.6 hectares); and

ii. Princess Royal Harbour, as shown in Figure 5 in Schedule 1 of this statement (not to exceed 0.8 hectares),

unless authorised by the Minister for Environment.

Note: ‘Permanent loss’ is defined as the mortality of, or long-term serious damage to, seagrass communities.

5-3 Prior to the commencement of dredging, the proponent shall establish a monitoring

program to monitor underwater light attenuation and seagrass health (by way of seagrass

shoot density) using permanent relocatable quadrats, to allow for repeated measures

over time, before, during and after the implementation of the proposal. This monitoring

program is to establish the frequency and locations of monitoring. The monitoring

locations shall be established in Princess Royal Harbour and King George Sound but

outside the zones of permanent loss in condition 5-2 and include:

a) impact monitoring sites - at locations where seagrass is found and where water

clarity has the potential to be affected by dredging operations; and

b) reference monitoring sites - which are similar to each impact monitoring site in all respects including water depths and the presence of seagrass and where water clarity

does not have the potential to be affected by dredging operations, 4 of 19

to the requirements of the CEO of the Office of the Environmental Protection Authority. The monitoring program is to include protocols and procedures which are consistent

with the Environmental Protection Authority’s Manual of Standard Operating Procedures for Environmental Monitoring against the Cockburn Sound Environmental Quality Criteria (March 2005) or any other appropriate protocol acceptable to the CEO of the Office of the Environmental Protection Authority.

5-4 Prior to the commencement of dredging the proponent shall commence implementing the monitoring program required by condition 5-4 to the satisfaction of the CEO of the

Office of the Environmental Protection Authority.

5-5 Prior to the commencement of dredging, the proponent shall submit a report on pre-

dredging underwater light attenuation and seagrass shoot density data from the locations required by condition 5-4. In the report the proponent shall establish the:

a) calculated median, 20th

and 1st

percentile of pre-dredging seagrass shoot density for each impact monitoring site; and

b) calculated median, 20th

and 1st

percentile of pre-dredging seagrass shoot density for each reference monitoring site.

5-6 During dredging, the proponent shall monitor underwater light and seagrass health in

accordance with the monitoring program required by condition 5-4, to ensure that the following seagrass health criterion is met during the dredging operations. a) The median seagrass shoot density for each impact monitoring site is greater than

the 1st

percentile of pre-dredging seagrass shoot density determined for each impact monitoring site.

5-7 In the event that monitoring required by conditions 5-4 and 5-5 indicate that the seagrass

health criterion in condition 5-7 is not being met, or that the proponent is unable to undertake seagrass health monitoring during dredging, the proponent shall:

a) report such findings including evidence which allows the determination of the cause

of the decline in seagrass health; and b) immediately cease and relocate dredging activities.

The proponent shall report the above to the CEO of the Office of the Environmental Protection Authority within 4 days of the decline in seagrass health being identified.

5-8 Following the completion of dredging, the proponent shall demonstrate that the median

seagrass shoot density at impact sites is greater than or equal to the 20th

percentile of pre-dredging seagrass shoot density for each impact site as determined in accordance with condition 5-6 (a) for at least two consecutive years.

5-9 The proponent shall report to the CEO of the Office of the Environmental Protection

Authority the total loss of seagrass communities:

a) 2 months;

b) 12 months, and

c) 24 months, 5 of 19

following the completion of the implementation of the proposal to demonstrate that the requirements of condition 5-2 have been met.

The reports shall include co-ordinates and a map showing the areas of seagrass losses caused by the proposal.

Reef communities

5-10 The proponent shall ensure that the proposal does not cause the mortality of, or long-term

serious damage to, the high relief reef communities at Gio Batta Patch and Michaelmas

Reef in King George Sound as shown in Figure 3 of schedule 1.

5-11 To verify that the requirements of condition 5-11 are met the proponent shall:

a) submit a proposed monitoring program to measure the cover, diversity and

abundance of high relief reef communities at Gio Batta Patch and Michaelmas Reef

to the requirements of the CEO of the Office of the Environmental Protection Authority;

b) undertake baseline survey of the reef communities prior to the commencement of

dredging;

c) undertake surveys following the completion of dredging; and

d) submit a report with results of the surveys in items b) and c) above to demonstrate that the requirements of condition 5-11 has been met.

6 Seagrass Rehabilitation and Monitoring

6-1 Prior to the commencement of dredging and reclamation the proponent shall commence

the rehabilitation of a minimum of 1 hectare of seagrass in Princess Royal Harbour using

seagrass donor material from the zone of loss in Figure 5 of Schedule 1 at a planting

density that achieves 75% average cover in those areas within 10 years following

planting at a location(s) to the requirements of the CEO of the Office of the

Environmental Protection Authority on advice of the Department of Water and the

Department of Environment and Conservation.

The species to be used in seagrass rehabilitation shall include Posidonia sinuosa and

Posidonia australis.

6-2 The proponent shall design and implement a monitoring program for the seagrass

rehabilitation required by condition 6-1 within 1 year of completion of construction

activities. The monitoring program shall include monitoring of the survival and shoot

density of rehabilitated seagrass annually for the four years following rehabilitation to

confirm that survival and growth are sufficient to attain 1 hectare of seagrass meadow of

75% average cover within 10 years following planting.

6-3 The proponent shall report to the Office of the Environmental Protection Authority on the

progress of seagrass rehabilitation required by condition 6-2 annually for four years

following planting, and then every two years thereafter until it can be demonstrated to the satisfaction of the CEO of the Office of the Environmental Protection Authority on

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advice of the Department of Water and Department of Environment and Conservation that the requirement of condition 6-1 has been met.

7 Marine Water and Sediment Quality (Mercury and Other Contaminants)

7-1 The proponent shall ensure that the dredging of the portion of the shipping channel shown

in Figure 6 of Schedule 1 is undertaken in a manner that does not cause any overflow of

turbid water into the environment from the dredge vessel.

7-2 From commencement of dredging of the shipping channel in King George Sound and the

disposal of material at the offshore disposal ground, the proponent shall ensure that

contaminant levels in the vicinity of the dredge channel and the disposal ground in water

and sediment are below the ANZECC/ARMCANZ 2000 guidelines and the Guidelines

for Managing Risks in Recreational Water (National Health and Medical Research

Council, 2008) for mercury and other contaminants including silver, tributyltin oxide

and other heavy metals, polychlorinated biphenyls and organochlorines. The guideline

for mercury in water is 0.1 micrograms per litre and mercury in sediment is 0.15

milligrams per kilogram.

7-3 Prior to the commencement of dredging the proponent shall develop and submit a

monitoring program to monitor mercury and other contaminants in sediments and water

to the requirements of the CEO of the Office of the Environmental Protection Authority

on advice of the Department of Environment and Conservation and Department of

Health. The monitoring program shall include the frequency and locations of monitoring

sites to be established.

7-4 The proponent shall implement the monitoring program required by condition 7-3, prior

to, during, and following the completion of dredging and disposal activities.

7-5 The proponent shall undertake sediment quality monitoring for mercury and other contaminants bi-annually for two years following the completion of dredging activities

to ensure ANZECC/ARMCANZ 2000 criteria referred to in condition 7-2 are being met.

7-6 The proponent shall submit monitoring results required by:

a) condition 7-2 every 2 weeks from the commencement of Stage 2 dredging

activities; and

b) condition 7-5 within 2 months following the completion of dredging and every 12 months following the completion of dredging for two consecutive years.

to the CEO of the Office of the Environmental Protection Authority.

7-7 In the event that monitoring indicates that the requirement of condition 7-2 is not being

met or not being likely to be met:

1. the proponent shall report such findings to the CEO of the Office of the

Environmental Protection Authority within 2 days of the exceedance being identified;

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2. the proponent shall provide evidence which allows determination of the cause of the exceedance;

3. if determined by the CEO of the Office of the Environmental Protection Authority to

be a result of activities undertaken in implementing the proposal, the proponent shall

submit actions to be taken to remediate the decline within 2 days of the

determination being made to the CEO of the Office of the Environmental Protection

Authority; and

4. the proponent shall implement actions to remediate the exceedance of the criteria in

condition 7-2 upon approval of the CEO of the Office of the Environmental

Protection Authority on advice of the Department of Environment and Conservation

and shall continue until such time the CEO of the Office of the Environmental

Protection Authority determines that the remedial actions may cease.

7-8 The proponent shall make the monitoring reports required by conditions 7-6 publicly

available in a manner approved by the CEO of the Office of the Environmental Protection Authority.

8 Sentinel Mussel Monitoring

8-1 The proponent shall ensure that the implementation of the proposal does not compromise

the environmental objective for the maintenance of seafood safe for human consumption in King George Sound and Oyster Harbour.

8-2 To verify the requirements of condition 8-1, prior to the commencement of dredging the

proponent shall develop and submit a Sentinel Mussel Monitoring Program to the

requirements of the CEO of the Office of the Environmental Protection Authority on

advice of the Department of Fisheries, Department of Health and the Department of

Environment and Conservation.

The monitoring program is to include protocols and procedures which are consistent with the Western Australian Shellfish Quality Assurance Program (February 2004).

The Sentinel Mussel Monitoring Program shall operate in the vicinity of Mistaken Island within King George Sound and at other location as agreed with the CEO of the Office of the Environmental Protection Authority.

8-3 Subject to the requirements of conditions 8-4 and 8-5, the proponent shall implement the

Sentinel Mussel Monitoring Program required by condition 8-2 prior to, during and for at least 12 months following the completion of dredging.

8-4 Prior to the commencement of dredging activities the proponent shall deploy sentinel

mussels and harvest and analyse these mussels after six weeks to determine background concentrations of mercury.

8-5 Immediately prior to dredging the proponent shall deploy sentinel mussels and harvest

these mussels after six weeks for monitoring of contaminant levels in Clause 2 of Standard 1.4.1 Contaminants and Natural Toxicants of the Australia and New Zealand Food Standards Code and other contaminants on the advice of the Department of

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Health. Fresh sentinel mussels shall then be deployed at six week intervals, then harvested and analysed as above, and this regime continued during dredging and for at

least six months following completion of dredging. The sample size and analysis of samples shall consist of at least five mussels each time.

8-6 If the level of mercury in sentinel mussels at any site harvested under condition 8-5

exceeds a trigger level of 0.4 mg/kg (mean value), or if the level of any other

contaminant in sentinel mussels at any site harvested under condition 8-5 exceeds the

trigger level for that contaminant as specified in the Sentinel Mussel Monitoring

Program:

a) the proponent shall report such findings to the CEO of the Office of the Environmental Protection Authority, Department of Health and Department of

Fisheries within 24 hours of the exceedance being identified;

b) the proponent shall provide evidence which allows determination of the cause of the

exceedance;

c) if determined by the CEO of the Office of the Environmental Protection Authority to

be a result of activities undertaken in implementing the proposal, the proponent shall

submit actions to be taken to remediate the cause of the exceedance within 2 days of

the determination being made to the CEO of the Office of the Environmental

Protection Authority; and

d) the proponent shall implement actions to remediate the exceedance of the trigger

level upon approval of the CEO of the Office of the Environmental Protection

Authority on advice of the Department of Health and Department of Fisheries and

shall continue until such time the CEO of the Office of the Environmental Protection

Authority determines that the remedial actions may cease.

8-7 Subject to the requirements of condition 8-6, the proponent shall ensure that the

environmental objective of the maintenance of seafood safe for human consumption is

met, and in doing so ensure contaminant levels in sentinel mussels do not exceed the

standards specified in the Table to Clause 2 of Standard 1.4.1 Contaminants and

Natural Toxicants of the Australia and New Zealand Food Standards Code and

standards for other contaminants on the advice of the Department of Health.

8-8 If the level of one or more of the contaminants in sentinel mussels harvested under

conditions 8-4 or 8-5 exceeds the levels set by condition 8-7, the proponent is to report

that exceedance to the CEO of the Office of the Environmental Protection Authority, the

Department of Fisheries and the Department of Health as soon as possible, but in any

event, not later than 24 hours of the exceedance being identified.

8-9 The proponent shall submit the results of the monitoring programme required by condition 8-2 to the CEO of the Office of the Environmental Protection Authority, the

Department of Health and the Department of Fisheries;

prior to the commencement of dredging; every 6 weeks during the implementation of Stage 2 dredging; and

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then at such intervals as required by the Sentinel Mussel Monitoring Program required by condition 8-2.

8-10 The proponent shall make the monitoring reports required by conditions 8-9 publicly available in a manner approved by the CEO of the Office of the Environmental

Protection Authority.

9 Introduced Marine Species and Dredging Equipment

9-1 Prior to the arrival of any dredging and other marine equipment and vessels associated

with the proposal, the proponent shall prepare a Marine Pests Management Strategy

capable of detecting and managing any introduced marine pest to the requirements of the

CEO of the Office of the Environmental Protection Authority on advice of the

Department of Fisheries.

9-2 Prior to commencement of dredging and within 48 hours following entry of dredging and

other marine equipment and other vessels associated with the proposal within the Albany

Port Authority area as shown in Figure 1 in Schedule 1 of this statement, the proponent

shall arrange and undertake an inspection by an appropriately qualified expert to ensure

that:

1. there is no sediment on or within the dredging equipment;

2. ballast water (if any) has been managed according to the Australian Quarantine

Inspection Service ballast water requirements; and

3. any fouling organisms on or in the dredging equipment do not present a risk to the ecosystem integrity of the marine waters of Albany harbours as shown in Figure 1

in Schedule 1 of this statement.

9-3 The proponent shall manage any sediment or fouling organism found as a consequence of

the inspection required by condition 9-2, in accordance with the Marine Pests

Management Strategy required by condition 9-1, prior to the commencement of

dredging, to the requirements of the CEO of the Office of the Environmental Protection

Authority on advice of the Department of Fisheries.

9-4 In the event that the dredging equipment is to be transferred from the Albany Port

Authority area to another location within Western Australian territorial waters following

completion of dredging and disposal activities, the proponent shall undertake an

investigation employing an appropriately qualified marine scientist to identify the

presence of / the potential for introduced marine pest species in accordance with the

Marine Pests Management Strategy required by condition 9-1.

9-5 In the event that any introduced marine pest species are detected, the proponent shall

implement the Marine Pests Management Strategy required by condition 9-1 prior to the

dredge equipment being moved from the Albany Port Authority area to ensure that

introduced marine pest species are not transferred to other locations within Western

Australian territorial waters to the requirements of the CEO of the Office of the

Environmental Protection Authority on advice of the Department of Fisheries. 10 of 19

10 Maintenance of aquaculture

10-1 The proponent shall ensure that the implementation of the proposal does not cause the

Environmental Quality Objective for the ‘Maintenance of aquaculture’ to be

compromised at the aquaculture operations in the vicinity of Mistaken Island.

10-2 Prior to the commencement of dredging the proponent shall develop a monitoring

program for measuring turbidity which includes turbidity trigger levels for management

and contingency actions in order to demonstrate the requirements of condition 10-1 are being met.

10-3 The proponent shall implement the monitoring program and monitor turbidity against the

turbidity trigger levels required by condition 10-2.

10-4 In the event the monitoring required by condition 10-3 indicates that the requirements of

condition 10-1 are not being met or are not likely to be met, the proponent shall

immediately provide and implement proposed management measures to the satisfaction

of the CEO of the Office of the Environmental Protection Authority on advice of the

Department of Fisheries and the Department of Water.

Notes

1. Where a condition states “on advice of the Depa rtment of Environment and

Conservation”, the Department of Environment and Conservation will provide that advice

to the Office of the Environmental Protection Authority for the preparation of written notice to the proponent.

2. The Office of the Environmental Protection Authority may seek advice from other

agencies or organisations, as required.

3. The Minister for Environment will determine any dispute between the proponent and the Office of the Environmental Protection Authority over the fulfilment of the requirements

of the conditions.

4. Environmental Protection Authority (2000) Perth’s coastal waters: Environmental values

and objectives - the position of the EPA, a working document, February 2000, Report 17, Department of Environmental Protection, Perth, WA.

Hon Donna Faragher JP MLC MINISTER FOR ENVIRONMENT; YOUTH

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Schedule 1

Albany Port Expansion Proposal (EPA Assessment No. 1594)

The proposal consists of the dredging of 12 million cubic metres of sediments to widen and deepen the existing shipping channel into Princess Royal Harbour and to extend the shipping

channel into King George Sound to allow access of cape-size vessels to the Port. Dredged

material will be disposed offshore at a location in King George Sound.

A portion of the dredged material will be used for reclamation of up to 9 hectares of Princess Royal Harbour to construct a new berth (Berth 7). Construction of the seawall will involve the

importation of core and armour material by road transport. Pile driving activities will be

required to construct the new berth.

The location of the proposal is shown in Figure 1. The constructed elements of the proposal are shown in Figure 2. The offshore disposal site is shown in Figure 3.

The key characteristics of the proposal are shown in Table 1 below.

Table 1 - Key Proposal Characteristics

Key Aspect Description

Dredging

Dredge methods Cutter Suction Dredge (CSD) for the berth pocket and reclamation batter. Trailer Suction Hopper Dredge (TSHD)

for the shipping channel. No blasting is required.

Total quantity of dredge material to 12 million cubic metres (Mm3).

be generated

Total area to be dredged 247.7 hectares (ha) including all channel batters. 47.3 ha of which is an existing channel and has been

dredged.

Total maximum duration 32 weeks.

Independent CSD Dredging

(Stage 1 dredging)

Total quantity of dredge material to ~300,000 m3 for reclamation area by CSD.

be generated

Stage 1 duration 12 weeks independent of the TSHD (or Stage 2 dredging) at

any time of the year.

TSHD Dredging (Stage 2 dredging)

Total quantity of dredge material to 11.7 Mm3 dredged by TSHD.

be generated

Stage 2 duration 20 weeks.

Berth and Channel Characteristics

Berth pocket depth -17.8 metres (m) Chart Datum (CD), as shown in Figure 2.

Maximum channel depth -19.2m CD, as shown in Figure 2.

Land Reclamation Area

Area Up to 9 ha.

Height +4m CD.

Construction of sea wall Continuous rock armoured sea wall, lined with geotextile

filter cloth.

Clearing Nil. 12 of 19

Key Aspect Description

Length of rocky shoreline to be ~360m.

reclaimed

Seawall length ~900m in total and ~570m along the berth edge.

Surface drainage Reclamation area will be filled and graded to achieve internal drainage until adequate stormwater system is

constructed for the intended use.

Rock armour material Granite rock

Offshore Disposal Area

Disposal location In deep water within King George Sound as shown in Figure 3 of this statement.

Disposal footprint 250 ha. Diameter is 1800 metres.

Disposal depth Finished depth to the top of the disposal site is -35m CD.

Disturbance Footprint

TotalAlbanyPortExpansion 506.7 ha Proposal marine disturbance footprint

Figures (attached)

Figure 1. Location map showing Albany Port Expansion proposal, land reclamation at

Semaphore Point, shipping channel, Albany Port Authority Area, Princess Royal Harbour and King George Sound

Figure 2. Layout of land reclamation area at Semaphore Point and berth pocket, turning basin and approach channel

Figure 3. Location of offshore disposal site between Bald Head and Breaksea Island

Figure 4. Zone of permanent loss coinciding with seagrass in King George Sound Figure 5. Zone of permanent loss coinciding with seagrass in Princess Royal Harbour Figure 6.

Area which requires dredging to be undertaken with no overflow. 13 of 19

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Appendix B – Statement of Compliance

Proposal and Proponent Details

Proposal Title Enter the proposal title as it appears on the Ministerial Statement.

Statement Number Enter the Ministerial Statement Number

Proponent Name Enter the proponent name as it appears on the Ministerial

Statement.

Proponent’s Australian

Company Number

(where relevant)

Statement of Compliance Details

Reporting Period Click to enter start date to Click to enter end date

Implementation phase(s) during reporting period (please tick relevant phase(s))

Pre-construction Construction Operation Decommissioning

Audit Table for Statement addressed in this Statement of Compliance is provided at Attachment: 2

An audit table for the Statement addressed in this Statement of Compliance must be provided as Attachment

2 to this Statement of Compliance. The audit table must be prepared and maintained in accordance with the

Office of the Environmental Protection Authority’s (OEPA) Post Assessment Guideline for Preparing an Audit

Table, as amended from time to time. The ‘Status Column’ of the audit table must accurately describe the

compliance status of each implementation condition and/or procedure for the reporting period of this

Statement of Compliance. The terms that may be used by the proponent in the ‘Status Column’ of the audit

table are limited to the Compliance Status Terms listed and defined in Table 1 of Attachment 1.

Were all implementation conditions and/or procedures of the Statement complied with within the reporting

period? (please tick the appropriate box)

No (please proceed to Section 3) Yes (please proceed to Section 4)

Details of Non-compliance(s) and/or Potential Non-compliance(s)

The information required Section 3 must be provided for each non-compliance or potential non-compliance identified during the reporting period covered by this Statement of Compliance.

Non-compliance/potential non-compliance 0-1

Which implementation condition or procedure was non-compliant or potentially non-compliant?

Was the implementation condition or procedure non-compliant or potentially non-compliant?

On what date(s) did the non-compliance or potential non-compliance occur (if applicable)?

Was this non-compliance or potential non-compliance reported to the General Manager, OEPA?

Yes Reported to OEPA verbally Date __________

Reported to OEPA in writing Date __________

No

What are the details of the non-compliance or potential non-compliance and where relevant, the extent of

and impacts associated with the non-compliance or potential non-compliance?

What is the precise location where the non-compliance or potential non-compliance occurred (if

applicable)? (please provide this information as a map or GIS co-ordinates)

What was the cause(s) of the non-compliance or potential non-compliance?

What remedial and/or corrective action(s), if any, were taken or are proposed to be taken in response to

the non-compliance or potential non-compliance?

What measures, if any, were in place to prevent the non-compliance or potential non-compliance before it

occurred? What, if any, amendments have been made to those measures to prevent re-occurrence?

Please provide information/documentation collected and recorded in relation to this implementation

condition or procedure:

in the reporting period addressed in this Statement of Compliance; and

as outlined in the approved Compliance Assessment Plan for the Statement addressed in this Statement of Compliance.

(the above inform ation may be provided as an attachment to this Statement of Compliance)

For additional non-compliance or potential non-compliance, please

duplicate this page as required.

Proponent Declaration I, ………………………………………............................………., (full name and position title) declare that I am authorised on behalf of …………………………………………. (being the person responsible for the proposal) to submit this form and that the information contained in this form is true and not misleading. Signature:...................................................... Date:..................................... Please note that: it is an offence under section 112 of the Environmental Protection Act 1986 for a person

to give or cause to be given information that to his knowledge is false or misleading in a material particular; and

the General Manager of the OEPA has powers under section 47(2) of the Environmental Protection Act 1986 to require reports and information about implementation of the proposal to which the statement relates and compliance with the implementation conditions.

Submission of Statement of Compliance

One hard copy and one electronic copy (preferably PDF on CD or thumb drive) of the Statement of Compliance are required to be submitted to the General Manager, OEPA, marked to the attention of Manager, Compliance Branch. Please note, the OEPA has adopted a procedure of providing written acknowledgment of receipt of all Statements of Compliance submitted by the proponent, however, the OEPA does not approve Statements of Compliance.

Contact Information

Queries regarding Statements of Compliance, or other issues of compliance relevant to a Statement may be directed to Compliance Branch, OEPA:

Manager, Compliance Branch

Office of the Environmental Protection Authority

Postal Address: Locked Bag 33 CLOISTERS SQUARE WA 6850

Phone: (08) 6467 5600

Email: [email protected]

mailto:[email protected]

Post Assessment Guidelines and Forms

Post assessment documents can be found at www.epa.wa.gov.au in the following locations:

Post Assessment Guidelines: Home>Policies and Guidelines>Post Assessment Guidelines;

Post Assessment Forms: Home>Post Assessment Forms.

http://www.epa.wa.gov.au/

ATTACHMENT 1

Table 1 Compliance Status Terms

Compliance

Status Terms

Abbrev Definition Notes

Compliant C Implementation of the proposal has been

carried out in accordance with the

requirements of the audit element.

This term applies to audit elements with:

ongoing requirements that have been met during the reporting period; and

requirements with a finite period of application that have been met during the reporting period, but whose status has not yet been classified as ‘completed’.

Completed CLD A requirement with a finite period of

application has been satisfactorily

completed.

This term may only be used where:

audit elements have a finite period of application (e.g. construction activities, development of a document);

the action has been satisfactorily completed; and

the Office of the Environmental Protection Authority (OEPA) has provided written acceptance of ‘completed’ status for the audit element.

Not required at

this stage

NR The requirements of the audit element

were not triggered during the reporting

period.

This should be consistent with the ‘Phase’

column of the audit table.

Potentially

Non-compliant

PNC Possible or likely failure to meet the


This term may apply where during the

reporting period the proponent has

identified a potential non-compliance and

has not yet finalized its investigations to

determine whether non-compliance has

occurred.

Non-compliant NC Implementation of the proposal has not

been carried out in accordance with the


This term applies where the requirements

of the audit element are not “complete”

have not been met during the reporting

period.

In Process IP Where an audit element requires a

management or monitoring plan be

submitted to the OEPA or another

government agency for approval, that

submission has been made and no

further information or changes have

been requested by the OEPA or the other

government agency and assessment by

the OEPA or other government agency

for approval is still pending.

The term ‘In Process’ may not be used for

any purpose other than that stated in the

Definition Column.

The term ‘In Process’ may not be used to

describe the compliance status of an

implementation condition and/or

procedure that requires implementation

throughout the life of the project (e.g.

implementation of a management plan).

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