certificate of registration - qld · lion certificate environmental protection act 1994 certificate...

Lion certificate

Environmental Protection Act 1994

Certificate of Registration No: ENRE00762608

This registration certificate is issued by the administering authority and is a replacement document for the original approval issued on: 11 December 2003.

The anniversary day for the purposes of the Annual Return remains: 14 February.

This registration certificate is a requirement of section 73F of the Environmental Protection Act 1994 and authorises the registered operator to undertake the activity listed below at the following place; subject to the conditions set out in a development approval attached to the premises, or the relevant code of environmental compliance.

Registered Operator- Meramist Pty. Ltd. C/- Ernst & Young Level 5 Waterfront Place 1 Eagle Street BRISBANE QLD 4000

Development Approval Number IPDE00920308

Place:- Lot 15 Plan RP218056 Located at:- Old Gympie Road, CABOOLTURE QLD 4510 Registered Activity/ies: - ERA 25 Meat processing Threshold 1(b) - processing, not including rendering, in a year, more than 5000t to 50000t of meat or meat products

Delegate Administering authority Environmental Protection Act 1994

22-APR-2010

Department of Environment and Resource Management

www.derm.old.gov.au

of 1 • AP090602

Queensland Government

Department of Environment and Resource Management Notice

Change to a development approval

This notice is issued by the Department of Environment and Resource Management pursuant to section 376 of the Sustainable Planning Act 2009 ("the Act").

Meramist Pty Ltd Cc Moreton Bay Regional Council 58-76 Old Gympie Road PO Box 159 PO Box 285 CABOOLTURE QLD 4510 CABOOLTURE QLD 4510

Our reference: 240690/SPDE2400011

Re: Request to change a development approval

1. The Chief Executive, Department of Environment and Resource Management (DERM) as assessment manager received a request to change a development approval on 27 July 2011

2. Details of the development approval for the original application

Assessment Manager ref.: SPDE2400011 (previously IPDE00920308)

Development approval applied for:

Change of conditions SPDE02400011

Aspect(s) of development:

Change of Conditions Sustainable Planning Regulation 2009 - Section 367

DERM ref. No. 2406990 DERM Permit No SPDE02400011 DERM Application No. 468438

Property/Location description:

Lot 15 RP218056, 58-76 Old Gympie Road CABOOLTURE QLD 4510

Date of decision for the original application and development approval:

1 December 2011

Page 1 of 4.091217 Department of Environment and Resource Management www.derm.q1d.gov.au ABN 46 640 294 485

61— elegate hn Harden ief, Executive, Department of Environment and

Resource Management 1 December 2011

Notice


3. The decision for the request to change a development approval made on 29 November 2011 is to approve the request with conditions.

4. The request is approved, attached is a copy of the decision notice for the original application showing the changes.

If you wish to discuss this matter further please contact Leonie Clough, the project manager, on the number listed below.

Enquiries: Leonie Clough Department of Environment and Resource Management Caboolture - Moreton Bay Level 4, 33 King Street PO Box Phone: (07) 5433 7772 Fax: (07) 5433 7762

Attachments

Information Sheet — Appeals — Sustainable Planning Act 2009 (extract from the Sustainable Planning Act 2009)

Approved Amendments to original approval

Page 2 of 2 •091217 Department of Environment and Resource Management


Information sheet Sustainable Planning Act

Appeals This information sheet is an extract from the Sustainable Planning Act 2009 (Reprint 1A effective 1 January 2010) providing

information on appeals under that Act.

Chapter 7, Part 1, Division 8 Appeals to court relating to development applications and approvals

461 Appeals by applicants

(1) An applicant for a development application may appeal to the court against any of the following—

(a) the refusal, or the refusal in part, of the development application;

(b) any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;

(c) the decision to give a preliminary approval when a development permit was applied for;

(d) the length of a period mentioned in section 341;

(e) a deemed refusal of the development application.

(2) An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant's appeal period) after—

(a) if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or

(b) otherwise—the day a decision notice was required to be given to the applicant.

(3) An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462 Appeals by submitters—general

(1) A submitter for a development application may appeal to the court only against—

(a) the part of the approval relating to the assessment manager's decision about any part of the application requiring impact assessment under section 314; or

(b) the part of the approval relating to the assessment manager's decision under section 327.

(2) To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—

(a) the giving of a development approval;

(b) any provision of the approval including—

(i) a condition of, or lack of condition for, the approval; or

(ii) the length of a period mentioned in section 341 for the approval.

Page 1 of 7 • 100511

Department of Environment and Resource Management www.derm.q1d.gov.au ABN 46 640 294 485

IEW Queensland Government


Information sheet

Appeals

(3) However, a submitter may not appeal if the submitter—

(a) withdraws the submission before the application is decided; or

(b) has given the assessment manager a notice under section 339(1)(b)(ii).

(4) The appeal must be started within 20 business days (the submitter's appeal period) after the decision

notice or negotiated decision notice is given to the submitter.

463 Additional and extended appeal rights for submitters for particular development applications

(1) This section applies to a development application to which chapter 9, part 7 applies.

(2) A submitter of a properly made submission for the application may appeal to the court about a referral agency's response made by a prescribed concurrence agency for the application.

(3) However, the submitter may only appeal against a referral agency's response to the extent it relates to—

(a) if the prescribed concurrence agency is the chief executive (environment)—development for an

aquacultural ERA; or

(b) if the prescribed concurrence agency is the chief executive (fisheries)—development that is—

(i) a material change of use of premises for aquaculture; or

(ii) operational work that is the removal, damage or destruction of a marine plant.

(4) Despite section 462(1), the submitter may appeal against the following matters for the application even if

the matters relate to code assessment—

(a) a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive (fisheries);

(b) a referral agency's response mentioned in subsection (2).

464 Appeals by advice agency submitters

(1) Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.

(2) The advice agency may, within the limits of its jurisdiction, appeal to the court about—

(a) any part of the approval relating to the assessment manager's decision about any part of the application requiring impact assessment under section 314; or

(b) any part of the approval relating to the assessment manager's decision under section 327.

(3) The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.

(4) However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465 Appeals about decisions relating to extensions for approvals

(1) For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

Page 2 of 7 • 100511 Department of Environment and Resource Management

and Resource Management Information sheet

Appeals

(3) Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466 Appeals about decisions relating to permissible changes

(1) For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—

(a) if the responsible entity for making the change is the assessment manager for the application—

(i) the person who made the request; or

(ii) an entity that gave a notice under section 373 or a pre-request response notice about the request;

(b) if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.

(2) The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.

(3) Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.

(4) An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467 Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1) A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

Chapter 7, Part 1, Division 9 Appeals to court about compliance assessment

468 Appeals against decision on request for compliance assessment

(1) A person to whom an action notice has been given under section 405(5) about a request for compliance assessment of development, a document or work may appeal to the court against the decision in the notice.

(2) The appeal must be started within 20 business days after the notice is given to the person.

469 Appeals against condition imposed on compliance permit or certificate

(1) A person who is given a compliance permit or compliance certificate subject to any conditions may appeal to the court against the decision to impose the condition.

(2) The appeal must be started within 20 business days after the day the compliance permit or compliance certificate is given to the person.



Information sheet

Appeals

470 Appeals against particular decisions about compliance assessment

(1) A person to whom any of the following notices have been given may appeal to the court against the decision in the notice—

(a) a notice of a decision on a request to change or withdraw an action notice;

(b) a notice under section 413(2)(c) about a decision to refuse a request to change a compliance permit or compliance Certificate.

(2) The appeal must be started within 20 business days after the day the notice is given to the person.

Chapter 7, Part 1, Division 11 Making an appeal to court

481 How appeals to the court are started

(1) An appeal is started by lodging written notice of appeal with the registrar of the court.

(2) The notice of appeal must state the grounds of the appeal.

(3) The person starting the appeal must also comply with the rules of the court applying to the appeal.

(4) However, the court may hear and decide an appeal even if the person has not complied with subsection (3).

482 Notice of appeal to other parties—development applications and approvals

(1) An appellant under division 8 must give written notice of the appeal to—

(a) if the appellant is an applicant—

(i) the chief executive; and

(ii) the assessment manager; and

(iii) any concurrence agency; and

(iv) any principal submitter whose submission has not been withdrawn; and

(v) any advice agency treated as a submitter whose submission has not been withdrawn; or

(b) if the appellant is a submitter or an advice agency whose response to the development application is treated as a submission for an appeal—


(ii) the assessment manager; and

(iii) any referral agency; and

(iv) the applicant; or

(c) if the appellant is a person to whom a notice mentioned in section 465(1) has been given—


(ii) the assessment manager for the development application to which the notice relates; and

(iii) any entity that was a concurrence agency for the development application to which the notice

relates; and

(iv) the person who made the request under section 383 to which the notice relates, if the person is

not the appellant; or


'epaH-i=littof Enuiterft-rittfl and Resource. Management

Information sheet

Appeals

(d) if the appellant is a person mentioned in section 466(1)—


(ii) the responsible entity for making the change to which the appeal relates; and

(iii) the person who made the request to which the appeal relates under section 369, if the person is not the appellant; and

(iv) if the responsible entity is the assessment manager—any entity that was a concurrence agency for the development application to which the notice of the decision on the request relates; or

(e) if the appellant is a person to whom a notice mentioned in section 467 has been given—the entity that gave the notice.

(2) The notice must be given within—

(a) if the appellant is a submitter or advice agency whose response to the development application is treated as a submission for an appeal-2 business days after the appeal is started; or

(b) otherwise-10 business days after the appeal is started.

(3) The notice must state—

(a) the grounds of the appeal; and

(b) if the person given the notice is not the respondent or a co-respondent under section 485—that the person may, within 10 business days after the notice is given, elect to become a co-respondent to the appeal by filing in the court a notice of election in the approved form.

483 Notice of appeals to other parties—compliance assessment

(1) An appellant under division 9 must, within 10 business days after the day the appeal is started, give written notice of the appeal to—

(a) if the appellant is a person to whom an action notice, compliance permit or compliance certificate has been given—

(i) the compliance assessor who gave the notice, permit or certificate; and

(ii) if the compliance assessor was a nominated entity of a local government and a copy of the request for compliance assessment was given to the local government under section 402—the local government; or

(b) if the appellant is a person to whom a notice mentioned in section 470(1) has been given—

(i) the entity that gave the notice; and

(ii) if the entity that gave the notice was a nominated entity of a local government and the written agreement of the local government was required to give the notice—the local government.

(2) The notice must state the grounds of the appeal.

485 Respondent and co-respondents for appeals under div 8

(1) Subsections (2) to (8) apply for appeals under sections 461 to 464.

(2) The assessment manager is the respondent for the appeal.

(3) If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.

(4) Any submitter may elect to become a co-respondent for the appeal.

Page 5 of 7 100511 Department of Environment and Resource Management


Information sheet

Appeals

(5) If the appeal is about a concurrence agency's response, the concurrence agency is a co-respondent for the appeal.

(6) If the appeal is only about a concurrence agency's response, the assessment manager may apply to the

court to withdraw from the appeal.

(7) The respondent and any co-respondents for an appeal are entitled to be heard in the appeal as a party to

the appeal.

(8) A person to whom a notice of appeal is required to be given under section 482 and who is not the respondent or a co-respondent for the appeal may elect to be a co-respondent.

(9) For an appeal under section 465—

(a) the assessment manager is the respondent; and

(b) if the appeal is started by a concurrence agency that gave the assessment manager a notice under section 385—the person asking for the extension the subject of the appeal is a co-respondent; and

(c) any other person given notice of the appeal may elect to become a co-respondent.


(a) the responsible entity for making the change to which the appeal relates is the respondent; and

(b) if the responsible entity is the assessment manager—

(i) if the appeal is started by a person who gave a notice under section 373 or a pre-request response notice—the person who made the request for the change is a co-respondent; and

(ii) any other person given notice of the appeal may elect to become a co-respondent.

(11) For an appeal under section 467, the respondent is the entity given notice of the appeal.

486 Respondent and co-respondents for appeals under div 9

(1) For an appeal under section 468 or 469—

(a) the compliance assessor is the respondent; and

(b) if the compliance assessor is a nominated entity of a local government and the appeal relates to a matter required by a local government—the local government is a co-respondent.

(2) However, if the appeal is only about a matter required by the local government, the compliance assessor may apply to the court to withdraw from the appeal.


(a) the entity that gave the notice to which the appeal relates is the respondent; and

(b) if the entity mentioned in paragraph (a) is a nominated entity of a local government and the local government did not agree to the request mentioned in section 470(1)—the local government is a co-respondent.

(4) However, if the appeal is only about the local government's refusal of the request, the entity that gave the notice to which the appeal relates may apply to the court to withdraw from the appeal.

488 How an entity may elect to be a co-respondent

An entity that is entitled to elect to be a co-respondent to an appeal may do so, within 10 business days after notice of the appeal is given to the entity, by following the rules of court for the election.


and Resource Management Information sheet

Appeals

489 Minister entitled to be party to an appeal involving a State interest

If the Minister is satisfied an appeal involves a State interest, the Minister may, at any time before the appeal is decided, elect to be a party to the appeal by filing in the court a notice of election in the approved form.

490 Lodging appeal stops particular actions

(1) If an appeal, other than an appeal under section 465, 466 or 467, is started under division 8, the development must not be started until the appeal is decided or withdrawn.

(2) If an appeal is about a condition imposed on a compliance permit, the development must not be started until the appeal is decided or withdrawn.

(3) Despite subsections (1) and (2), if the court is satisfied the outcome of the appeal would not be affected if the development or part of the development is started before the appeal is decided, the court may allow the development or part of the development to start before the appeal is decided.


Notice


Schedule B — Air schedule

Original Approval

Specified Releases of Contaminants to the Atmosphere

(B3) The registered operator of this development approval, in carrying out the environmentally relevant activities to which this authority relates, must ensure that contaminants resulting from the operation of the sources described in Table 1 of Schedule B must:

(a) only be released to the atmosphere from those release points specified in Table 1 of Schedule B; and

(b) be directed vertically upwards without any impedance or hindrance; and (c) be released from a release point at a height and velocity not less than the height and the velocity

stated for that release point in Table 1 of Schedule B.

SCHEDULE B - Table 1 - RELEASE POINT

NUMBER AND STACK

DESCRIPTION

- SOURCE OESCRIPTIO14 MINIMUM RELEASE HEIGHT (metres)

MINIMUM EFFLUX

VELOCI (metres/ second).

RP1 1 x Hardybloomer 40 HP / 400 KW Fuel- oil fired Steam Boiler

6 7

Fuel Burning

(B4) The only types of fuels which may be burned in industrial fuel burning equipment are LP gas and diesel petroleum products.

Approved amendments





stated for that release point in Table 1 of Schedule B. (d) not be greater than the release limits for the air quality indicators prescribed in Table 2 Schedule

B.

SCHEDULE B - Table 1 RELEASE POINT -

NUMBER AND STACK

DESCRIPTION

SOURCE DESCRWTTON

Wil

MINIMUM RELEASE

HEIGHT (metres)

Waft ',' EFFLUX

VELOCITY (metres/ second)

RP1 1 x Hardybloomer 40 HP / 200 KW Fuel-oil fired Steam Boiler

6 7

RP2 1 X Hardie Steam boiler 75HP /375 KW Fuel oil fired steam boiler

5 5

Page 3 of 3 • 091217


Notice


SCHEDULE B - Table 2 RELEASE

POINT NUMBER SOURCE DESCRIPTION AIR QUALTIY

INDICATOR RELEASE LIMIT


Solid particles 250mg/Nm3 at (dry) at 7%

oxygen Dark smoke No darker than

Ringelmann Shade 1 (Note 1

and Note 2)





and Note 2)

Note 1 - monitoring of the shade of smoke by making a comparison with a chart known as the Australian Miniature Smoke Chart (AS 3543 1989) in accordance with that Australian Standard. Note 2 — Shade 1 limit does not apply during boiler start up and shut down periods. During these periods a limit of Shade 2 applies.

Fuel Burning

(B4) The only types of fuels which may be burned in industrial fuel burning equipment are LP gas, diesel petroleum products and reprocessed oil.

(B5) The sulphur content of any fuel burned in industrial fuel burning equipment must not exceed the limits stated at any time for the applicable time periods stated in Table 3 Schedule B.

SCHEDULE B - Table 3 On or before 30 November 2013 1.0 percent sulphur by weight after 30 November 2013 0.5 percent sulphur by weight

(B6) The reprocessed fuel oil burned in the industrial fuel burning equipment at the approved place must not exceed the following levels by weight at any time:

Arsenic: ... 5 ppm maximum Cadmium: 2 ppm maximum Chromium: 10 ppm maximum Lead: 100 ppm maximum PCBs: 2 ppm maximum Halogens

Total organic halogens:...... 500 ppm maximum Total inorganic chloride: 1000 ppm maximum Total halogens: ........... 3000 ppm maximum

Calorific value 30 MJ/Kg (mega joules per kilogram) minimum

Page 4 of 4.091217 Department of Environment and Resource Management


Sustainable Planning Act 2009

DERM Permit' number: SPDE02400011 This document replaces the document No. IPDE00920308 issued on 13 June 2008.

Assessment manager reference (if SPDE02400011 any):

Date application received: 27 July 2011

Permit type: Development permit

Date of decision: 1 December 2011

Decision: Approved with conditions, and the assessment manager's

conditions are stated in this permit.

Relevant laws and policies: Environmental Protection Act 1994 and any related statutory instruments and subordinate legislation

Development Description(s)

Property/Location Development

Old Gympie Road, CABOOLTURE, OLD 4510

Lot 15 RP 218056, County of Canning, Parish of Canning

ERA 25 Meat processing threshold 1(b) — processing, not including rendering, in a year, more than 5 000t to 50 000t of meat or meat products.

Additional information for applicants This approval replaces IPDE00920308 issued on March 2008 due to Request to Change an Existing Approval application received on 27 July 2011. The following schedules were amended/inserted as part of this application

Schedule B — change of conditions B3 and B4 and inclusion of new conditions B5 and B6.

Contaminated Land It is a requirement of the Environmental Protection Act 1994 that if the owner or occupier of this site becomes aware a notifiable activity (as defined under Schedule 3 of the Environmental Protection Act 1994) is being carried out on this land or that the land has been affected by a hazardous contaminant, they must, within 22 business days after becoming so aware, give notice to the Department of Environment and Resource Management.

1 Permit includes licences, approvals, permits, authorisations, certificates, sanctions or equivalent/similar as required by legislation

administered by the Department of Environment and Resource Management.

Page 1 of 14 091217

Department of Environment and Resource Management www.derm.q1d.gov.au ABN 46 640 294 485

DERM Permit number: SPDE02400011

Environmentally Relevant Activities

The aforementioned description of any environmentally relevant activity (ERA) for which this permit is issued is simply a restatement of the ERA as prescribed in the legislation at the time of issuing this permit. Where there is any conflict between the abovementioned description of the ERA for which this permit is issued and the conditions specified herein as to the scale, intensity or manner of carrying out of the ERA, then such conditions prevail to the extent of the inconsistency.

This permit authorises the ERA. It does not authorise environmental harm unless a condition within this permit explicitly authorises that harm. Where there is no such condition, or the permit is silent on a matter, the lack of a condition or silence shall not be construed as authorising harm.

In addition to this permit, the person to carry out the ERA must be a registered operator under the Environmental Protection Act 1994. For the person to become a registered operator, they must apply for a registration certificate under Section 73F of the Environmental Protection Act 1994.

This approval does not remove the need to obtain any further approval for this development, which may be required pursuant to this or other legislation, both State and Commonwealth. Applicants are advised to check with all relevant statutory authorities for such approvals as may be required.

egate n Harden

Chief Executive Department of Environment and Resource Management 1 December 2011



CONDITIONS Conditions of the Development Approval This development approval consists of the following schedules of conditions relevant to various issues: The aforementioned description of the environmentally relevant activity (ERA) for which this development approval is issued is simply a restatement of the activity as prescribed in the legislation at the time of issuing the approval. Where there is any conflict between the above description of the ERA for which this development approval is issued and the conditions as specified in this development approval as to the scale, intensity or manner of carrying out of the ERA, then such conditions prevail to the extent of the inconsistency.

This development approval consists of the following schedules-

Schedule A — Activity

Schedule B - Air

Schedule C — Water

Schedule D — Noise and Vibration

Schedule E — Waste

Schedule F - Land

Schedule G — Community

Schedule H — Self Monitoring and Reporting

Schedule I — Definitions

Schedule J — Maps / Plans

Page 3 of 14 ' 091217 Department of Environment and Resource Management

tsP il 1—


SCHEDULE A - ACTIVITY

Prevent and /or Minimise Likelihood of Environmental Harm

(Al) In carrying out the environmentally relevant activities. you must take all reasonable and practicable measures to prevent and / or to minimise the likelihood of environmental harm being caused. Any environmentally relevant activity, that, if carried out incompetently, or negligently, may cause environmental harm, in a manner that could have been prevented, shall be carried out in a proper manner in accordance with the conditions of this authority.

NOTE: This authority authorises the environmentally relevant activity. It does not authorise environmental harm unless a condition contained within this authority explicitly authorises that harm. Where there is no condition or the authority is silent on a matter, the lank of a condition or silence shall not be construed as authorising harm.

Maintenance of Measures, Plant and Equipment

(A2) The registered operator must: • install all measures, plant and equipment necessary to ensure compliance with the conditions of

this development approval; and • maintain such measures, plant and equipment in a proper and efficient condition; and • operate such measures, plant and equipment in a proper and efficient manner.

Site-Based Management Plan (SBMP)

(A3) By the date of issue of this development approval, a Site-Based Management Plan (SBMP) must be developed and implemented. The SBMP must identify all sources of environmental harm, including but not limited to the actual and potential release of all contaminants, the potential impact of these sources and what actions will be taken to prevent the likelihood of environmental harm being caused. The SBMP must also provide for the review and 'continual improvement' in the overall environmental performance of all Environmentally Relevant Activities that are carried out.

The site based management plan must address the following matters: • Environmental commitments - a commitment by senior management to achieve environmental

goals. • Identification of environmental issues and potential impacts. • Control measures for routine operations to minimise likelihood of environmental harm. • Contingency plans and emergency procedures for non-routine situations. • Organisational structure and responsibility. • Effective communication. • Monitoring of the contaminant releases. • Conducting environmental impact assessments. • Staff training. • Record keeping. • Periodic review of environmental performance and continual improvement.



Records

(A4) Record, compile and keep all monitoring results required by this document and present this information to the administering authority when requested, in a specified format.

(A5) Records must be kept for five (5)years, and must include the following information: date of pickup of waste; description of waste; cross reference to relevant waste transport documentation; quantity of waste; origin of the waste; destination of the waste; and intended fate of the waste, for example, type of waste treatment, reprocessing or disposal.

NOTE: Records of documents maintained in compliance with a waste tracking system established under the Environmental Protection Act 1994 or any other law for regulated waste will be deemed to satisfy this condition.

Alterations

(A6) No change, replacement or operation of any plant or equipment is permitted if the change, replacement or operation of the plant or equipment increases, or is likely to substantially increase, the risk of environmental harm.

An example of a substantial increase in the risk of environmental harm is an increase of ten percent (10%) or more in the quantity of the contaminant to be released into the environment.

Nuisance

(A7) Notwithstanding any other condition of this development approval, this development approval does not authorise any release of contaminants which causes or is likely to cause an environmental nuisance beyond the boundaries of the authorised place.

End of Conditions for Schedule A

SCHEDULE B - AIR Non-specified Releases

(B1) Except as otherwise provided by the conditions of this development approval, the environmentally relevant activities must be carried out by all reasonable and practicable means necessary to prevent the release or likelihood of release of contaminants to the atmosphere.

(B2) Where it is not practicable to prevent a release of contaminants to the atmosphere as required by condition B1, the environmentally relevant activities must be carried out by all reasonable and practicable means necessary to minimise the release or likelihood of any such release of contaminants to the atmosphere.







stated for that release point in Table 1 of Schedule B. (d) not be greater than the release limits for the air quality indicators prescribed in Table 2 Schedule B.

SCHEDULE B - Table 1 RELEASE POINT

NUMBER AND STACK

DESCRIPTION

SOURCE DESCRIPTION MINIMUM RELEASE

HEIGHT (metres)

MINIMUM EFFLUX

VELOCITY (metres/ second)


6 7


5 5

SCHEDULE B - Table 2 RELEASE

POINT NUMBER SOURCE DESCRIPTION AIR QUALTIY

INDICATOR RELEASE LIMIT





and Note 2) RP2 1 X Hardie Steam boiler 75HP /375 KW

Fuel oil fired steam boiler Solid particles 250mg/Nm3 at

(dry) at 7% oxygen

Dark smoke No darker than Ringelmann

Shade 1 (Note 1 and Note 2)

Note 1 - monitoring of the shade of smoke by making a comparison with a chart known as the Australian Miniature Smoke Chart (AS 3543 1989) in accordance with that Australian Standard. Note 2 — Shade 1 limit does not apply during boiler start up and shut down periods. During these periods a limit of Shade 2 applies.

Fuel Burning

(B4) The only types of fuels which may be burned in industrial fuel burning equipment are LP gas, diesel petroleum products and reprocessed oil.

(B5) The sulphur content of any fuel burned in industrial fuel burning equipment must not exceed the limits stated at any time for the applicable time periods stated in Table 3 Schedule B.

SCHEDULE B - Table 3 On or before 30 November 2013 1.0 percent sulphur by weight after 30 November 2013 0.5 percent sulphur by weight



(B6) The reprocessed fuel oil burned in the industrial fuel burning equipment at the approved place must not exceed the following levels by weight at any time:

Arsenic: 5 ppm maximum Cadmium: 2 ppm maximum Chromium: 10 ppm maximum Lead: 100 ppm maximum PCBs: 2 ppm maximum . Halogens

Total organic halogens:...... 500 ppm maximum Total inorganic chloride: 1000 ppm maximum Total halogens: 3000 ppm maximum

Calorific value 30 MJ/Kg (mega joules per kilogram) minimum

Noxious or Offensive Odour

(B7) The release of noxious or offensive odours or any other noxious or offensive airborne contaminants resulting from the activity must not cause a nuisance at any odour sensitive place.

End of Conditions for Schedule B

SCHEDULE C - WATER

Release of Contaminants to Waters

(C1) The registered operator of this development approval must, in carrying out the environmentally relevant activities, take all reasonable and practicable measures to ensure that contaminants are not directly or indirectly released from the authorised place to any waters or the bed and banks of any waters except:

(i) as permitted by the conditions of the development approval; or (ii) to a sewer as permitted or otherwise agreed from time to time by the relevant Local

Government.

Release of Contaminated Stormwater Runoff

(C2) Except as otherwise provided by the conditions of this development approval, the environmentally relevant activities must be carried out by all reasonable and practicable means necessary to prevent the release or likelihood of release of contaminated runoff from the authorised place to any stormwater drain or waters or the bed or banks of any such waters.

(C3) Where it is not practicable to prevent any release of contaminated runoff as required by condition C2, the environmentally relevant activities must be carried out by all reasonable and practicable means necessary to minimise any such release or the likelihood of any such release.

(C4) By the date of issue of this development approval, the registered operator of this development approval must, as part of the company Site-Based Management Plan, develop and implement a Stormwater Management Plan relevant to the environmentally relevant activities carried out at the authorised place.

(C5) The registered operator of this development approval must keep available for inspection by the administering authority details of any amendments to the Stormwater Management Plan.



Pond conditions

(C6) All ponds used for the storage of treated effluent or wastewater at or on the authorised place must be constructed, installed and maintained:

so as to minimise the likelihood of any release of effluent through the bed or banks of the pond to any waters (including ground water); so that a freeboard of not less than 0.5 metres is maintained at all times, except in emergencies; and so as to ensure the stability of the ponds' construction.

(C7) Suitable banks and/or diversion drains must be installed and maintained to exclude stormwater runoff from entering any ponds or other structures used for the storage or treatment of contaminants or wastes.

Bunding

(C8) All chemical and fuel tank storages must be bunded so that the capacity of the bund is sufficient to contain at least one hundred and ten percent (110%) of the largest storage tank plus ten percent (10%) of the second largest tank within the bund.

(C9) All chemical and fuel/oil drum storages must be bunded so that the capacity of the bund is sufficient to contain at least twenty-five percent (25%) of the maximum design storage volume within the bund.

(C10) All liquid waste tank storages must be bunded so that the capacity of the bund or containment area is sufficient to contain at least one hundred percent (100%) of the largest storage tank plus ten percent (10%) of the second largest tank.

(C11) Liquid waste must be stored, transferred and handled in a proper and efficient manner to prevent any release of liquid waste to any stormwater drain or waters.

(C12) All bunding must be constructed and maintained so as to be sufficiently impervious to allow retention and recovery of any materials being stored within the bund.

(C13) All required pipework from the bunded areas, except bund drainage, must be directed over the bund wall and not through it.

(C14) The base and walls of all bunded areas must be maintained free from gaps or cracks.

(C15) All loading/unloading of bulk materials must take place only within designated vehicle loading/unloading areas.

(C16) Where it is impractical to completely roof a bunded area, the registered operator of this development approval must ensure that any stormwater captured within the bund is free from contaminants or wastes prior to release.

(C17) For installation of any new bunding, a collection sump must be provided in the floor.of the bunding to facilitate the removal of liquids. The bund floor must be graded so that the fall is towards the collection sump.

End of Conditions for Schedule C



SCHEDULE D - NOISE Emission of Noise

(D1) Noise from activities must not cause an environmental nuisance at any noise-affected premises.

(D2) All noise from activities must not exceed the levels specified in Schedule D - Table 1 at any noise-affected premises.

Schedule D - Table .1 (Noise limits

Noise level dB(A)

measured as

Monday to Saturday Sundays and public holidays

7am - 6pm 6pm -10pm 10pm - 7am 9am - 6pm Opni -10pm 10pm - 9am

Noise measured at 'Noise sensitive place'

LA10, adj, 10 mins 55 50 40 55 50 40

LAi, adj, 10 mins 60 55 45 60 55 45

Noise measured at a 'Commerciai place' _ .._

LA10, adj, 10 mins 60 55 45 60 55 45

LAi, adj, 10 mins 65 60 50 65 60 50

Noise monitoring

(D3) When requested by the Administering Authority, noise monitoring must be undertaken to investigate any complaint of noise nuisance, and the results notified within fourteen(14) days to the administering authority. Monitoring must include: - LA 10, adj, 10 mins - —A1, adj, 10 mins

the level and frequency of occurrence of impulsive or tonal noise; - atmospheric conditions including wind speed and direction;

effects due to extraneous factors such as traffic noise; and location, date and time of recording.

(D4) The method of measurement and reporting of noise levels must comply with the latest edition of the Environmental Protection Agency's Noise Measurement Manual.

End of Conditions for Schedule D

SCHEDULE E - WASTE

General

(E1) The registered operator of this development approval must not:

(i) burn waste at or on the authorised place; nor (ii) allow waste to burn or be burnt at or on the authorised place; nor (iii) remove waste from the authorised place and burn such waste elsewhere, unless carried out at

a site approved by the Environmental Protection Agency.



Waste Management Plan

(E2) By the date of issue of this development approval, the registered operator of this development approval must, as part of the company Site-Based Management Plan, develop and implement a Waste Management Plan relevant to the environmentally relevant activities carried out at the authorised place.

(E3) The registered operator of this development approval must keep available for inspection by the administering authority details of any amendment to the Waste Management Plan.

Waste handling

(E4) All regulated waste removed from the site must be removed by a person who holds a current authority to transport such waste under the provisions of the Environmental Protection Act 1994.

(E5) Where regulated waste is removed from the authorised place (other than by a release as permitted under another schedule of this development approval), the registered operator of this development approval must monitor and keep records of the following:

(a) the date, quantity and type of waste removed; and (b) name of the waste transporter and/or disposal operator that removed the waste; and (c) the intended treatment/disposal destination of the waste.

Notification of Improper Disposal of Regulated Waste

(E6) If the registered operator of this development approval becomes aware that a person has removed waste from the approved place and disposed of the waste in a manner which is not authorised by this development approval or improper or unlawful, then the registered operator of this development approval must, as soon as practicable, notify the administering authority of all relevant facts, matters and circumstances known concerning the disposal.

End of Conditions for Schedule E

SCHEDULE F - LAND

Preventing Contaminant Release to Land

(F1) All reasonable and practicable measures must be taken to prevent or minimise the release of contaminants to land.

End of Conditions for Schedule F

SCHEDULE G - COMMUNITY Complaint response

(G1) All complaints received must be recorded including investigations undertaken, conclusions formed and action taken. This information must be made available to the administering authority on request.

(G2) In consultation with the administering authority, cooperate with and participate in any community environmental liaison committee established in respect of either the site specifically or the industrial estate where the site is located.

End of Conditions for Schedule G


,N,qt,


SCHEDULE H - SELF MONITORING AND REPORTING

Complaint Recording

(H1) All complaints received by the registered operator of this development approval relating to operations at the approved place must be recorded with the following details: (I) time, date and nature of complaint; (ii) type of communication (telephone, letter, personal etc.); (iii) name, contact address and contact telephone number of complainant (Note: if the complainant

does not wish to be identified then "Not identified" is to be recorded); (iv) response and investigation undertaken as a result of the complaint; (v) name of person responsible for investigating complaint; and (vi) action taken as a result of the complaint investigation and signature of responsible person.

Incident Recording

(H2) A record must be maintained of events that have the potential to cause or have caused environmental harm, including but not limited to:

(i) the time, date and duration of equipment malfunctions that may affect the environmental performance of the site;

(ii) any shut-downs of equipment upon which the environmental performance of the site depends; (iii) any changes to the hours of operation of the plant; (iv) spillage of liquid and solid materials including wastes discharged or likely to be discharged to

the environment.

Notification of Emergencies and Incidents

(H3) As soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the registered operator of this development approval must notify the administering authority of the release by telephone, facsimile or e-mail.

(H4) The notification of emergencies or incidents as required by condition number H3 must include, but is not limited to, the following:

(i) the name of the registered operator of the development approval; (ii) the location of the emergency or incident; (iii) the number of the development approval; (iv) the name and telephone number of the designated contact person; (v) the time of the release; (vi) the time the registered operator of the development approval became aware of the release; (vii) the suspected cause of the release; (viii) the environmental harm and or environmental nuisance caused, threatened, or suspected to be

caused by the release; and (ix) actions taken to prevent further any release and mitigate any environmental harm and or

environmental nuisance caused by the release.

(H5) Not more than twenty-eight (28) days following the initial notification of an emergency or incident, the registered operator of the development approval must provide written advice of the information supplied in accordance with condition number H4 in addition to:

(i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise environmental harm and or

environmental nuisance, and (iii) the results of any environmental monitoring performed.



(Note: Where a notification is given to the administering authority under either sections 320 or 350 of the Environmental Protection Act 1994 for an event, then notification under conditions H3 to H5 is not also required.)

Report Submission

(H6) The registered operator of this development approval must keep available for inspection by the administering authority copies of all monitoring reports and monitoring records required under this development approval, relevant to each reporting period.

Exception Reporting

(H7) The registered operator of this development approval must notify the administering authority in writing of any monitoring result which indicates an exceedance of any development approval limit within twenty-eight (28) days of the completion of analysis.

(H8) The written notification required by condition number H7 above must include:

(i) The full analysis results, and (ii) Details of investigation or corrective actions taken, and (iii) Any subsequent analysis.

(Note: Where a notification is given to the administering authority under either sections 320 or 350 of the Environmental Protection Act 1994 for an event, then notification under conditions H7 and H8 is not also required.)

End of Conditions for Schedule H

SCHEDULE I - DEFINITIONS

Words and phrases used throughout this development approval or development approval are defined below: Where a definition for a term used in this authority is sought and the term is not defined within this authority the definitions provided in the Environmental Protection Act 1994, its regulations, and Environmental Protection Policies shall be used.

Word Definitions

"administering authority" means the Department of Environment and Resource Management or its successor.

"you" means the registered operator of this development approval or owner / occupier of the land which is the subject of this development approval.

"site" means the place to which this development approval relates or the premises to which this development approval relates.

"authorised place" means the place authorised under this development approval/development approval for the carrying out of the specified environmentally relevant activities.

"this authority" means this development approval/development approval.

"authority" means level 1 development approval (without development approval), or level 1 approval (without development approval), or level 2 approval (without development approval) under the Environmental Protection Act 1994.



"approval" means 'notice of development application decision' or 'notice of concurrence agency response' under the Integrated Planning Act 1997

"odour sensitive place" has the same meaning as a "noise sensitive place"

"dwelling" means any of the following structures or vehicles that is principally used as a residence- • a house, unit, motel, nursing home or other building or part of a building; • a caravan, mobile home or other vehicle or structure on land; • a water craft in a marina.

"noxious" means harmful or injurious to health or physical well-being.

"offensive" means causing offence or displeasure; is disagreeable to the sense; disgusting, nauseous or repulsive.

"nuisance sensitive place" includes - • a dwelling, residential allotment, mobile home or caravan park, residential marina or other residential

premises; or • a motel, hotel or hostel; or • a kindergarten, school, university or other educational institution; or • a medical centre or hospital; or • a protected area under the Nature Conservation Act 1992, the Marine Parks Act 1992 or a World Heritage

Area; or • a public thoroughfare, park or gardens; or • a place used as a workplace, an office or for business or commercial purposes. • and includes a place within the curtilage of such a place reasonably used by persons at that place.

"LA 10, adJ, 10 mins" means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of the sound) exceeded for 10% of any 10 minute measurement period, using Fast response.

"LA 1, adJ, 10 mins" means the A-weighted sound pressure level, (adjusted for tonal character and impulsiveness of the sound) exceeded for one percent(1%) of any 10 minute measurement period, using Fast response

"LA, max adJ, means the average maximum A-weighted sound pressure level, adjusted for noise character and measured over any 10 minute period, using Fast response.

"noise affected premises" means a "noise sensitive place" or a "commercial place"

"noise sensitive place" means - • a dwelling, mobile home or caravan park, residential marina or other residential premises; or • a motel, hotel or hostel; or • a kindergarten, school, university or other educational institution; or • a medical centre or hospital; or • a protected area; or • a park or gardens. • and includes the curtilage of such place.

"commercial place" means a place used as an office or for business or commercial purposes.

"intrusive noise" means noise that, because of its frequency, duration, level, tonal characteristics, impulsiveness or vibration - • is clearly audible to, or can be felt by, an individual; and • annoys the individual. • In determining whether a noise annoys an individual and is unreasonably intrusive,

regard must be given to Australian Standard 1055.2 - 1997 Acoustics - Description and Measurement of Environmental Noise Part 2 - Application to Specific Situations.


6 la( ((,..


"protected area" means - • a protected area under the Nature Conservation Act 1992; or • a marine park under the Marine Parks Act 1992; or • a World Heritage Area.

"waters" includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined water natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea), stormwater channel, stormwater drain, roadside gutter, stormwater run-off, and groundwater and any part-thereof.

"land" in the "land schedule"of this document means land excluding waters and the atmosphere.

"regulated waste" means non-domestic waste mentioned in Schedule 7 of the Environmental Protection Regulation 1998 (whether or not it has been treated or immobilised), and includes: for an element - any chemical compound containing the element; and anything that has contained the waste.

End of Conditions for Schedule I

SCHEDULE J - MAPS / PLANS

No attachments are appended to this schedule.

End of Conditions for Schedule J

END OF CONDITIONS


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