compliance assessment report 2016

\\AUPER1FP001.AU.AECOMNET.COM\Projects\602X\60212828\8 Issued Docs\8.1 Reports\2018\60212828_Compliance Assessment Report2016_Rev 0.docxRevision Rev 0 – 19-Jan-2017Prepared for – Tidal Energy Australia – ABN: 76 067 829 145

Derby tidal Power ProjectTidal Energy Australia19-Jan-2017

Compliance AssessmentReport 2016

AECOM Derby tidal Power ProjectCompliance Assessment Report 2016


Compliance Assessment Report 2016

Client: Tidal Energy AustraliaABN: 76 067 829 145

Prepared byAECOM Australia Pty Ltd3 Forrest Place, Perth WA 6000, GPO Box B59, Perth WA 6849, AustraliaT +61 8 6208 0000 F +61 8 6208 0999 www.aecom.comABN 20 093 846 925

19-Jan-2017

Job No.: 60212828

AECOM in Australia and New Zealand is certified to ISO9001, ISO14001 AS/NZS4801 and OHSAS18001.

© AECOM Australia Pty Ltd (AECOM). All rights reserved.

AECOM has prepared this document for the sole use of the Client and for a specific purpose, each as expressly stated in the document. No otherparty should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to anythird party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements andAECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professionalprinciples. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of whichmay not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.



Quality InformationDocument Compliance Assessment Report 2016

Ref 60212828

Date 19-Jan-2017

Prepared by Danielle Sullivan

Reviewed by Linda Kirchner

Revision History

Rev Revision Date DetailsAuthorised

Name/Position Signature

Rev A 15-Dec-2017 Draft Linda KirchnerAssociate Director -Environment

Rev 0 19-Jan-2018 Submission Linda KirchnerAssociate Director -Environment



Table of Contents1.0 Introduction 12.0 Current Status 23.0 Compliance 3

3.1 Audit Table 34.0 Environmental Management Plans/Programs 23

4.1 Completed Environmental Management Plans/Programs 234.2 Environmental Management Plans/Programs to be completed 23

5.0 Environmental Monitoring 246.0 Endorsement 25



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1.0 IntroductionThis Compliance Assessment Report has been prepared to satisfy the requirements of Condition 4-1and 4-2 of Ministerial Statement 941 (MS 941). The first CAR is due on the 22 October 2014, dated 15months from the date of issue of MS 941 (22 July 2013).

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

4-2 The proponent shall submit to the CEO the compliance assessment plan required by Condition 4-1at least six months prior to the first compliance assessment report required by Condition 4-6, or priorto implementation, whichever is sooner.

The compliance assessment plan shall indicate:

a. the frequency of compliance reporting;

b. the retention of compliance assessments;

c. the method of reporting of potential non-compliances and corrective actions taken’

d. the table of contents of compliance assessment reports’ and

e. public availability of compliance assessment reports.

The compliance assessment report shall:

1. be endorsed by the proponent's Managing Director or a person delegated to sign on theManaging Director'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

5. indicate any proposed changes to the compliance assessment plan required by Condition 4-1.



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2.0 Current StatusThe Tidal Energy Australia Derby Tidal Power Station is progressing through the environmentalapprovals process and is currently out for public comment under the Environment Protection andBiodiversity Conservation Act (EPBC Act). As such the project has not progressed with any on-groundworks requiring compliance reporting.

This compliance assessment report addresses the conditions in the following sections:

1. be endorsed by the proponent's Managing Director or a person delegated to sign on theManaging Director's behalf (Section 6.0)

2. include a statement as to whether the proponent has complied with the conditions (Section 3)

3. identify all potential non-compliances and describe corrective and preventative actions taken(Section 3)



This report will be made publically available on the Tidal Energy Australia website.

There have been no changes made to the Compliance Assessment Plan in this reporting period.



3

3.0 Compliance

3.1 Audit TableThe Audit table provides a compliance and status update for each condition from ImplementationStatement 941.

The proponent is in compliance with the Compliance Assessment Plan.

As the project has not commenced pre-construction activities yet, the majority of the actions are notyet relevant. Section 4.0 sets out the status of required Management Plans/Programs, and Section 5.0reports on monitoring compliance.

This plan includes updates as per the review of the Compliance Plan in May 2015 and includes minorupdates.


\\AUPER1FP001.AU.AECOMNET.COM\Projects\602X\60212828\8 Issued Docs\8.1 Reports\2018\60212828_Compliance Assessment Report 2016_Rev 0.docxRevision Rev 0 – 19-Jan-2017Prepared for – Tidal Energy Australia – ABN: 76 067 829 145

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Audit Code Subject Requirement How Evidence Required by Phase Timeframe Status FurtherInformation

941:M1.1 ProposalImplementation

When implementing the proposal, the proponentshall not exceed the authorised extent of theproposal as defined in Column 3 of Table 2 inSchedule 1, unless amendments to the proposaland the authorised extent of the Proposal hasbeen approved under the EP Act.

As per Schedule 1 ofMS 941

Compliance Report Min for Env Overall Ongoing NR Not yetcommenced

941:M2.1 Contact Details The proponent shall notify the CEO of any changeof its name, physical address or postal address forthe serving of notices or other correspondencewithin 28 days of such change. Where theproponent is a corporation or an association ofpersons, whether incorporated or not, the postaladdress is that of the principal place of businessor of the principal office in the State.

Provide writtennotification with detailsof the changes

Correspondence tothe OEPA

CEO Overall Within 28 daysof such change

NR No changes made

941:M3.1 Time Limit forProposalImplementation

The proponent shall not commenceimplementation of the proposal after the expirationof 5 years from the date of this statement, and anycommencement, within this 5 year period, must besubstantial.

Provide writtennotification to indicatecommencement ofProject.


CEO Pre-Construction

22 July 2018 NR Not yetcommenced

941:M3.2 ComplianceReporting

Any commencement of implementation of theproposal, within 5 years from the date of thisstatement, must be demonstrated as substantialby providing the CEO with written evidence, on orbefore the expiration of 5 years from the date ofthis statement.






The proponent shall prepare and maintain acompliance assessment plan to the satisfaction ofthe CEO.

Correspondence withthe OEPAPreparation of aComplianceAssessment Plan andan audit table incompliance with therequirements of theOEPA.

Completed andApprovedComplianceAssessment Plan(CAP) Audit Table(this document).

ComplianceAssessment Report(CAR)

CEO Overall Ongoing C UpdatedComplianceAssessment Plan27 May 2015


The proponent shall submit to the CEO thecompliance assessment plan required byCondition 4-1 at least six months prior to the firstcompliance assessment report required byCondition 4-6, or prior to implementation,whichever is sooner.The compliance assessment plan shall indicate:· the frequency of compliance reporting· the approach and timing of compliance

assessments· the retention of compliance assessments· the method of reporting of potential non-

compliances and corrective actions taken· the table of contents of compliance

assessment reports· public availability of compliance assessment

reports.

Construct the CAP inaccordance withcriteria.

Correspondence tothe OEPAApproved CAP


By 22 April 2014or prior togrounddisturbingactivities,whichever issooner

C ComplianceAssessment Plan28 November 2013Updated 27 May2015



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The proponent shall assess compliance withconditions in accordance with the complianceassessment plan required by Condition 4-1.

As specified in CAP Overview provided inCAR

Min for Env Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.

C This report


The proponent shall retain reports of allcompliance assessments described in thecompliance assessment plan required byCondition 4-1 and shall make those reportsavailable when requested by the CEO.

As specified in CAP Availability at therequest of the CEO

CEO Overall Ongoing C Project not yetcommenced


The proponent shall advise the CEO of anypotential non-compliance within seven days ofthat non-compliance being known.

As specified in CAP Correspondence toOEPAOverview provided inCAR

CEO Overall Within 7 days ofnon-compliancebeing known

C No non-compliances toreport


Subject to Condition 4-7, the proponent shallsubmit to the CEO the first complianceassessment report 15 months from the date ofissue of this Statement addressing the 12 monthperiod from the date of issue of this Statementand then annually from the date of submission ofthe first compliance assessment report.The compliance assessment report shall:· be endorsed by the proponent's Managing

Director or a person delegated to sign on theManaging Director's behalf

· include a statement as to whether theproponent has complied with the conditions

· identify all potential non-compliances anddescribe corrective and preventative actionstaken

· be made publicly available in accordancewith the approved compliance assessmentplan

· indicate any proposed changes to thecompliance assessment plan required byCondition 4-1.

As specified in CAP Endorsement in CARCAR availability onProponent website

Correspondence forprovision of CAR toDER Library andOEPA ComplianceBranch.

CEO Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.

C This report andendorsement letter


Without limiting condition 4-6, during theconstruction of the proposal, the proponent shallsubmit a compliance report, which satisfies therequirements of conditions 4-6(1) to (5), every 6month period from the date of commencement ofconstruction up and until the date ofcommissioning of the proposal.

As specified in CAP Endorsement in CAR

CAR availability onProponent website


CEO Construction Six monthlyfrom the date ofcommencementof Construction

NR Construction notyet commenced -compliance



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941:M5.1 Public Availability ofData

Subject to Condition 5-2, within a reasonable timeperiod approved by the CEO of the issue of thisstatement and for the remainder of the life of theproposal the proponent shall make publiclyavailable, in a manner approved by the CEO, allvalidated environmental data (including samplingdesign, sampling methodologies, empirical dataand derived information products (e.g. maps))relevant to the assessment of this proposal andimplementation of this Statement.

Provide writtennotification to theOEPA outliningavailability of data.Provide copies ofvalidatedenvironmental datarelevant to MS 941 onthe TEA website.

Availability of data onProponent website

Correspondence toOEPA


Prior to grounddisturbingactivities,whichever issooner

C Construction notyet commenced -compliance


If any data referred to in Condition 5-1 containsparticulars of:· a secret formula or process· confidential commercially sensitive

information;· the proponent may submit a request for

approval from the CEO to not make this datapublically available. In making such a requestthe proponent shall provide the CEO with anexplanation and reasons why the data shouldnot be made publically available.

Provide writtencorrespondence to theOEPA to request dataprivacy.


CEO Ongoing Prior toimplementationof 5-1

NR Noted – as yet notrequired

941:M6.1 Infrastructure Planand Power StationOperating Strategy

Prior to the construction of the proposal, unlessotherwise approved by the CEO, the proponentshall prepare a final Infrastructure Plan which is tobe approved by the CEO, on advice of theDepartment of Transport. The final InfrastructurePlan shall include the details, locations, height,and extent of the proposal elements as listed inSchedule 1 including the areas to be excavated,dredged and to receive disposal of dredgedmaterial.

Prepare a finalInfrastructure Plan withguidance from DoT.Provide finalInfrastructure Plan toOEPA for approval.

Correspondencefrom OEPAindicating Approvalof Infrastructure Plan

CompletedInfrastructure Plan

CEO withadvice fromDoT

Pre-Construction

Before grounddisturbingactivities

NR Infrastructure Planand Power StationOperating Strategystill to be completed


Prior to the construction of the proposal, unlessotherwise approved by the CEO, the proponentshall prepare a Power Station Operating Strategywhich is to be approved by the CEO.The Operating Strategy shall describe the mannerand procedures in which the basins will bemanaged for power generation and the effect theprocedures will have on the new tidal regime inthe basins of Doctor's Creek.

Prepare a final PowerStation OperatingStrategy.

Completed PowerStation OperatingStrategy

Correspondencefrom OEPAindicating Approvalof Power StationOperating Strategy


Prior to grounddisturbingactivities

NR Infrastructure Planand Power StationOperating Strategyto be completed


The Operating Strategy in Condition 6-2 shallinclude:· the new tidal ranges and submergence

curves in the high and low basins as a resultof operating the proposal

· modelled tidal flows under a range ofscenarios

· using contemporary bathymetry andelevation data, delineate on a plan the newintertidal zones for both basins

· procedures which minimises ongoing dustgeneration.

Prepare a PowerStation OperatingStrategy in accordancewith criteria.







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The Proponent shall provide the CEO with theapproved Infrastructure Plan required in Condition6-1 and spatial data locating all the infra-structureelements, including areas to be dredged and toreceive dredge material, in a GeographicalInformation System (GIS) compatible formatspecified by the CEO.

Provide InfrastructurePlan along with spatialdata to the CEOthrough electronicsubmission to theCompliance Branch





941:M6.5 Infra-structure Planand Power StationOperating Strategy

The Proponent shall construct the proposalelements listed in Schedule 1 consistent with theapproved Infrastructure Plan.

Ensure Project designand construction plansalign with theapprovedInfrastructure Plan.Cross check ‘as-built’records againstapprovedInfrastructure Plan

Project designdrawings

‘As-built’documentation

CEO Construction Atcommencementof construction



The Proponent shall provide the CEO with theapproved Power Station Operating Strategyrequired in Condition 6-2 including the spatial datalocating the new intertidal zones for both basins inCondition 6-3, in a Geographical InformationSystem (GIS) compatible format specified by theCEO.

Provide Power StationOperating Strategyalong with spatial datato the CEO throughelectronic submissionto the ComplianceBranch





941.M6.7 Infrastructure Planand Power StationOperating Strategy

The proponent shall operate the proposalconsistent with the approved Power StationOperating Strategy, and its approved revisions.

Implement PowerStation OperatingStrategy and ensureprocedures andsystems support thestrategy.

Record ofimplementation ofPower StationOperating Strategy

CEO Operation Atcommencementof operation



Within 14 months following the commencement ofoperations, the proponent shall review theapproved Power Station Operating Strategy andsubmit a report to the CEO on the findings of thetrials, surveys and monitoring required byConditions 9-6, 9-12 and 10-6 that are relevant tothe Operating Strategy, and includerecommendations for revising the approvedOperating Strategy in Condition 6-9.

Prepare a ReviewReport of the approvedPower StationOperating Strategyagainst the results oftrial, survey andmonitoringrequirements inConditions 9-6, 9-12and 10-6 relevant tothe OperatingStrategy.Provide results of thisreview and the trials,surveys andmonitoring to theOEPA along withrecommendations forrevising the approvedOperating Strategy.

Power StationOperating StrategyReview Report.


CEO Operation Within 14months ofcommencementof operation

NR Operation not yetcommenced



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The proponent shall submit a revised PowerStation Operating Strategy for the approval of theCEO which incorporates the findings of the reviewrequired in Condition 6-8, within the first 16months following the commencement ofoperations.

Revise the PowerStation OperatingStrategy to incorporatethe findings of thereview required byCondition 6-8.Provide a revisedPower StationOperating Strategy tothe OEPA.

Revised PowerStation OperatingStrategy



NR Operations not yetcommenced

941:M7.1 State of theMangrove HabitatSurveys

At least six months prior to the commencement ofany construction works, unless otherwiseapproved by the CEO, the proponent shallprepare a Scope of Works for surveys of themangrove habitats, as detailed in condition 7-3 forthe approval of the CEO.

Prepare a Scope ofWorks for surveys ofthe mangrove habitats.

Completed Scope ofWorks



6 months priorto grounddisturbingactivities

C State of theMangrove HabitatSurveys not yetcommenced

941:M7.2.1 State of theMangrove HabitatSurveys

The surveys of the mangrove habitats are to beconducted in accordance with the approvedScope of Works at the times as indicated below,unless otherwise approved by the CEO, so as toestablish the following:· the baseline state of the mangrove habitats

prior to the commencement of anyconstruction works that may impact onmangrove habitats.

Undertake BaselineMangrove Survey asper the scope ofworks.

Baseline MangroveSurvey report



NR State of theMangrove HabitatSurveys not yetcommenced

941:M7.2.2 State of theMangrove HabitatSurveys

The surveys of the mangrove habitats are to beconducted in accordance with the approvedScope of Works at the times as indicated below,unless otherwise approved by the CEO, so as toestablish the following:the first and second operations phase state of themangrove habitats.

Undertake twoOperations PhaseMangrove Surveys asper the scope ofworks.

Survey reports CEO Operations During the firstand secondoperationsphases




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The Scope of Works for surveys of the mangrovehabitats required in condition 7-1 shall include thefollowing, with regard to when the survey isconducted:· procedures and methods for the collection of

quantitative environmental data for:· soil salinity along permanent transects· hydrodynamic conditions including direction

and velocity of water currents· the physical characteristics of sediments

suspended in the water column anddeposited on the benthos

· the natural and development-influencedrates, and spatial and temporal patterns ofnet sediment deposition and erosion

· the spatial extent, distribution, communitycomposition, natural variability includingseasonality and health of mangrovecommunities

· the preparation of mangrove habitat maps;· establishment of permanent transects with

appropriate replication to account for diversityof mangrove communities and statisticalrobustness

· timing for the implementation and completionof the surveys having regard to the types andsequence of surveys referred to in condition7-2

· procedures for the use of survey data toassess compliance with relevantenvironmental protection outcomes incondition 9-4

· timing and frequency of reporting to the CEO.

Prepare scope ofworks to meet criteria.






Prior to the commencement of construction and inaccordance with the approved Scope of Worksrequired under condition 7-1, the Proponent shallundertake the baseline state of the mangrovehabitats survey.

Undertake BaselineMangrove Survey asper the Scope ofWorks.






At the time specified by the approved Scope ofWorks and in accordance with the approvedScope of Works, the Proponent shall undertakethe surveys for the first operations phase state ofthe mangrove habitats.

Undertake the FirstOperations PhaseMangrove Survey asper the scope ofworks.

First OperationsMangrove Surveyreport

CEO Operations Following thecommissioningof the proposal




10



Within 5 years following completion ofconstruction in accordance with the approvedScope of Works, the Proponent shall undertake asecond operational phase state of the mangrovehabitats survey to determine compliance with theenvironmental protection outcomes set incondition 9-4.

Undertake the SecondOperations PhaseMangrove Survey asper the scope ofworks.

Second OperationsMangrove Surveyreport

CEO Operations Within 5 yearsfollowingcompletion ofconstruction

NR Construction notyet commenced


The Proponent shall report the findings of thebaseline state of the mangrove habitats surveyrequired by condition 7-4 to the CEO within threemonths of having completed that survey.

Provide BaselineMangrove Survey tothe CEO throughelectronic submissionto the ComplianceBranch



Within 3 monthsof conductingBaselineMangroveSurvey



The Proponent shall report the findings ofsubsequent state of the mangrove habitatssurveys required by conditions 7-4, 7-5 and 7-6and include in each report an appraisal ofcompliance with environmental protectionoutcomes set in condition 9-4 having regard toany relevant approved revised environmentalprotection outcome, to the CEO within threemonths of having completed each survey.

Provide subsequentmangrove surveyreports to the CEOthrough electronicsubmission to theCompliance Branch.Include in surveyreports an assessmentof the compliance withenvironmentalprotection outcomesset in Condition 9-4.


CEO Pre-ConstructionandOperations

Within 3 monthsof conductingeach mangrovesurvey



Prior to commencing operations, the proponentshall submit for the approval of the CEO a revisedScope of Works in condition 7-3 which includes anoperations phase program of ongoing surveys ofthe state of mangrove habitats based on thefindings submitted for condition 7-8.

Prepare a revisedScope of Works forongoing monitoringbased on findings ofprevious mangrovesurveys.Provide revised Scopeof Works to the CEOthrough electronicsubmission to theCompliance Branch.

Revised Scope ofWorks


CEO Construction Prior tocommencementof operations


941:M8.1 Sedimentation The proponent shall, at least six months prior tothe commencement of construction works,undertake detailed hydrodynamic andsedimentation modelling of the pre-developmentshort-term and long-term effects of the proposalon sedimentation and erosion patterns, havingregard to the effects of cyclonic conditions, inareas:· surrounding the proposal (near the entrance

to Doctor's Creek and in King Sound)· in Doctor's Creek (including the new high and

low basins).· The hydrodynamic and sedimentation

modelling will include the relevantquantitative sedimentation and hydrodynamicdata in condition 7-3.

Undertake modellingmeeting the criteria.

Cardno 2011,Proposed DerbyTidal Power StationHydro-dynamic andSediment TransportModelling Report

Cardno 2014,Proposed DerbyTidal Power Station -PreliminaryHydrodynamic andSediment TransportModelling


6 months priorto thecommencementof constructionworks

C Cardno 2011,Proposed DerbyTidal Power StationHydrodynamic andSediment TransportModelling ReportUpdated March2014 – Cardno2014, ProposedDerby Tidal PowerStation -PreliminaryHydrodynamic andSediment TransportModelling



11


941:M8.2 Sedimentation Based on the results of the hydrodynamic andsedimentation modelling in Condition 8-1 identifythe areas:· which support mangrove communities and

are at risk of significant erosion andsmothering through sedimentation from theeffects of proposal

· where new sedimentary patterns andaccumulations from the proposal would assistin areas which would support mangrovecolonisation.

Identify areas as perthe criteria.

Sinclair Knight Merz2011, Derby TidalPower, Assessmentof Mangrovechanges in DoctorsCreek between 1997and 2010


Followingcompletion ofmodelling inCondition 8.1

C Sinclair KnightMerz 2011, DerbyTidal Power,Assessment ofMangrove changesin Doctors Creekbetween 1997 and2010

941:M8.3* Sedimentation The Proponent shall provide the CEO with theapproved areas required in Condition 8-2(1) and(2) and spatial data locating the areas, in aGeographical Information System (GIS)compatible format specified by the CEO.

Provide the OEPA withspatial data




NR Spatial dataincluded with thisreport

941:M9.1 Mangrove habitats Prior to the commencement of construction, theproponent shall identify the:· Zone of High Impact - the area where direct

and indirect impacts from the proposal onmangrove communities are predicted to beirreversible. The term irreversible is definedas 'lacking a capacity to return or recover to astate resembling that prior to being impactedwithin a timeframe of five years or less

· Zone of Moderate Impact - the area withinwhich predicted impacts on mangrovecommunities are sub-lethal, and/or theimpacts are recoverable within a period offive years following completion of theconstruction of the proposal

· Zone of Mangrove Establishment - the areawhere, because of the new tidal regime,sedimentation areas and proposalinfrastructure, will be available for and becolonised by mangrove communities, andsubmit the zones for approval of the CEO.

Prepare a report onthe zones of impact.Provide report to theCEO throughelectronic submissionto the ComplianceBranch



Prior tocommencementof grounddisturbingactivities

C Spatial dataincluded withprevious CAR

941:M9.2 Mangrove habitats The CEO may, having regard to a reportsubmitted by the proponent, approve revisedZones of High and Moderate Impact to have effectfor the purpose of condition 9-1.

Provide writtencorrespondence to theOEPA to requestapproval of revisedzones.


CEO Ongoing As required NR Not yet undertaken

941:M9.3 Mangrove habitats The Proponent shall provide the CEO with a mapof the approved zones in condition 9-1, and anyrevised zones approved in Condition 9-2, andspatial data locating the zones, in a GeographicalInformation System (GIS) compatible formatspecified by the CEO.




Followingcompletion ofCondition 9.1and (if required)9.2


941:M9.4.1 Mangrove habitats The proponent shall ensure the construction andoperation of the proposal achieves the followingenvironmental protection outcomes:· No irreversible loss of, or serious damage to,

mangrove habitats outside the Zone of HighImpact.

Conduct ongoingmonitoring ofmangrovecommunities.

Ongoing monitoringreports

CEO Ongoing DuringConstructionand Operationsphases




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941:M9.4.2 Mangrove habitats The proponent shall ensure the construction andoperation of the proposal achieves the followingenvironmental protection outcomes:· The establishment of self-sustaining1

mangrove communities which stabilise thecreeks and provide suitable habitat for nativefauna in the Zone of MangroveEstablishment, within 10 years from the dateof the completion of construction.

1 self-sustaining means permanent and stablemangrove communities which grow and persistwithout human management or interventionbeyond that which would be required to maintaincomparable undisturbed mangrove communities.

Establish mangrovecommunities to thecriteria.Monitor establishedmangrovecommunities.

Mangrovecommunitymonitoring results.

CEO Operation Within 10 yearsof completion ofconstruction


941:M9.5 Mangrove habitats To demonstrate the environmental protectionoutcome in condition 9-4(1) has been met, theproponent shall prepare a monitoring plan formangrove health and sedimentation for theapproval of the CEO, prior to the commencementof construction.The monitoring plan shall include:· mangrove health and net sedimentation

monitoring locations at:· Zone of Moderate Impact monitoring sites - at

locations where mangrove communities arefound and which are outside and as close aspracticable to the Zone of High Impact

· Reference monitoring sites - at locationswhich are similar to each impact monitoringsite in all respects including mangroveassociations and which do not have thepotential to be affected by the implementationof the proposal or any other activities thatmay affect mangrove health

· the use of permanent relocatable quadratsand transects for repeat measures ofmangrove health having regard for baselinemangrove habitat surveys required incondition 7-4

· the methodology for subsequent surveys formangrove health and net sedimentation atthe impact and reference monitoring sitesreferred to in condition 9-5(1)

· the frequency for monitoring mangrove healthand net sedimentation

· indicators of mangrove health, andmanagement trigger levels for indicators ofmangrove health management trigger levelsfor sedimentation and erosion.

Prepare mangrovemonitoring plan toinclude sections as perCondition 9-5.Provide monitoringplan to the CEOthrough electronicsubmission to theCompliance Branch

CompletedMangrove monitoringplan




NR Monitoring Plan notyet prepared

941:M9.6 Mangrove habitats The proponent shall implement the monitoringplan required by condition 9-5 prior to thecommencement of construction until such time asthe CEO determines that monitoring actions maycease.

Implement themonitoring plan

Regular reports onmonitoring

CEO Overall Prior toconstructionuntil approval tostop monitoring




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941:M9.7 Mangrove habitats Prior to the commencement of construction, theproponent shall submit a report on the results ofbaseline surveys of mangrove health and netsedimentation from the potential impact andreference monitoring sites required by condition9-6.

Include reference toongoing monitoringsites in BaselineMangrove SurveyProvide BaselineMangrove Survey tothe CEO throughelectronic submissionto the ComplianceBranch



In line withsubmission ofBaselineMangroveSurvey(Condition 7-7)


941:M9.8.1 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· the proponent shall report such findings to

CEO within 14 days of the trigger level beingreached being identified

Notify the CEO in theevent of a monitoringtrigger level beingreached in accordancewith the CAP.


CEO Overall Immediatelyfollowingmonitoringresultsidentifying thattrigger levelsbeing reached.


941:M9.8.2 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· the proponent shall provide evidence which

allows determination of the circumstancewhich caused the trigger levels to be reached

Prepare an incidentreport identifying thecause of trigger levelsbeing reached.Submit incident reportto the CEO throughelectronic submissionto the ComplianceBranch.


CEO Overall Within 7 days ofmonitoringobserved to bereaching triggerlevels


941:M9.8.3 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· if determined by the CEO to be attributable to

the proposal, the proponent shall submit anyactions to be taken to address the netincrease in sedimentation or decline inmangrove health within 14 days of thedetermination being made to the CEO

Prepare an ActionPlan to address thecause and impacts ofthe trigger levels beingreached.Submit action plan tothe CEO throughelectronic submissionto the ComplianceBranch.

Trigger level ActionPlan


CEO Overall Within 14 daysof CEOdetermination


941:M9.8.4 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· the proponent shall implement actions to

address the net increase in sedimentation ordecline in mangrove health upon approval ofthe CEO and shall continue implementing theapproved actions until such time as the CEOdetermines that the approved actions maycease.

Implement trigger levelaction plan andmonitor success.Provide evidence toOEPA thatrequirements of ActionPlan have been met.

Monitoring results


CEO Overall Following OEPAsign-off onAction Plan untilagreement fromCEO thatactions can becompleted.


941:M9.9 Mangrove habitats The proponent shall submit bi-annually, or at afrequency defined to the satisfaction of the CEO,the results of monitoring required by condition 9-6to the CEO, until such time as the CEOdetermines that reporting may cease.

Prepare reports onmonitoring results.

Monitoring reports CEO Operation Bi-annually –commencingprior toconstruction andcontinuing untilapproval to stopmonitoring




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941:M9.10 Mangrove habitats -Zone of MangroveEstablishment

In order to optimise the successful establishmentof mangroves in the Zone of MangroveEstablishment in condition 9-1(3) and meet theenvironmental protection outcome in condition9-4(2), the proponent shall prepare a MangroveResearch and Establishment Program to beapproved by the CEO prior to the commencementof construction. The Program shall:· identify research trials and investigations into

mangrove recruitment and colonisation inDoctor's Creek

· identify strategies and measures to beundertaken during the management of theproposal (including in the Power StationOperating Strategy required by condition 6-2and its approved revisions)

· include an implementation program for theresearch trials in condition 9-10(1) andstrategies and measures identified incondition 9-10(2)

· include an ongoing monitoring program formangrove colonisation in the Zone ofMangrove Establishment to determinecompliance with the environmental protectionoutcome in condition 9-4.

Prepare a MangroveResearch andEstablishmentProgram to beapproved by the CEO.Submit program to theCEO throughelectronic submissionto the ComplianceBranch.

Mangrove Researchand EstablishmentProgram



NR MangroveResearch andEstablishmentProgram not yetcommenced


In relation to condition 9-10(1), the proponentshall undertake research trials and investigationsin the following areas:· The conditions required for mangrove

propagule recruitment in newly availableareas including an understanding of floweringand fruiting times of target mangrovespecies.

· Present and future soil conditions after theconstruction of the barrages, including soilproperties such as moisture, texture andchemistry.

· Strategies for the protection of juvenile plantsfrom effects that reduce viability, e.g.Contamination, siltation, wind and tidalerosion, excessive temperature evaporationand insolation.

· Establish the relationship between elevation,soil salinity, soil hydrology and occurrence ofmangrove communities.

· Opportunities for earthworks in the creeks toincrease the areas suitable for and linearextent of mangroves habitats.

Undertake researchtrials andinvestigations as perCondition 9-11.


CEO Overall Prior tocommencementof grounddisturbingactivities



The proponent shall commence implementation ofthe Mangrove Research and EstablishmentProgram prior to the commencement ofconstruction.

Implement theMangrove Researchand EstablishmentProgram.







15



The proponent shall report on the outcomes of theresearch and investigations, monitoring andimplementation of strategies required by condition9-10 as part of the compliance assessment reportrequired by condition 4-6.

Include reports on theMangrove Researchand EstablishmentProgram in the annualCAR

Finalised CAR CEO Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.Continue untilcompletion ofresearch.


941:M10.1 MarineEnvironmentalQuality –Construction

Prior to the construction of the proposal, theproponent shall submit for the approval of theCEO, a Construction Marine EnvironmentalQuality Management and Monitoring Plan tomaintain the quality of waters, sediment and/orbiota in Doctors Creek and King Sound so that theenvironmental values are protected during theconstruction of the proposal.The management and monitoring plan shallinclude:· a threat assessment from marine

construction activities and baseline sedimentand water quality data for indicators relevantto identified threats over a number of tidalcycles and seasons

· protocols and procedures for monitoring andevaluating the quality of water and sedimentin marine waters surrounding the proposalduring construction

· environmental quality indicators andassociated trigger levels based on theguidelines and recommended approaches inthe Australian and New Zealand Guideline forFresh and Marine Water Quality (ANZECCand ARMCANZ, 2000) and the State WaterQuality Management Strategy Document No.6 for assessing performance against theenvironmental quality objectives

· the reporting procedures, including theformat, timing, and frequency for thereporting of monitoring data against therelevant trigger levels and environmentalquality objectives

· development of construction managementmeasures and contingency actions to beimplemented in the event that any triggerlevels and environmental quality objectivesreferred to in Condition 10-1(3) are not met

· location of impact and reference monitoringsites.

Prepare aConstruction MarineEnvironment-al QualityManagement andMonitoring Plan as perCondition 10-1.Submit plan to theCEO throughelectronic submissionto the ComplianceBranch.

Construction MarineEnvironmentalQuality Managementand Monitoring Plan




NR ConstructionMarineEnvironmentalQualityManagement andMonitoring Plan notyet commenced



16



The proponent shall implement the approvedConstruction Marine Environmental QualityManagement and Monitoring Plan required bycondition 10-1 until such time as the CEOdetermines that monitoring and constructionmanagement actions may cease.

Implement theConstruction MarineEnvironmental QualityManagement andMonitoring Plan.


CEO Construction Atcommencementof constructionuntil approval tocease

NR ConstructionMarineEnvironmentalQualityManagement- andMonitoring Plan notyet commenced


In the event that monitoring required by condition10-2, indicates that the environmental qualityobjectives in condition 10-1(3) are not being metor are unlikely to be met, the proponent shallreport the finding to the CEO within seven workingdays, along with a description of the managementand contingency actions to be taken to meet therequired level of environmental quality.

Notify the CEO in theevent of environmentalquality objectives notbeing met inaccordance with theCAP.

Notification reportCorrespondence toOEPA

CEO Construction Within 7 days ofidentifying thattheenvironmentalobjectives notbeing met.



The proponent shall submit monitoring resultsrequired by condition 10-1(4) as part of its annualcompliance assessment report required bycondition 4-6.

Include monitoringresults in the annualCAR

Finalised CAR CEO Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.Continue untilcompletion ofmonitoring.

NR Monitoring has notbeen commencedprior to projectenvironmentalapproval



17


941:M10.5 MarineEnvironmentalQuality – Operations

Prior to the commissioning of the proposal, theproponent shall submit for the approval of theCEO an Operations Marine Environmental QualityManagement and Monitoring Plan to manage theongoing impacts of the proposal on marineenvironmental quality in Doctors Creek and KingSound. The management and monitoring planshall include:· a threat assessment from operational

activities and baseline sediment and waterquality data for indicators relevant toidentified threats over a number of tidalcycles and seasons

· hydrodynamic modelling in Doctor's Creek todetermine areas of potential water qualityconcern, including the potential accumulationof monosulfidic material;

· protocols and procedures for monitoring andevaluating the quality of water and sedimentin marine waters in and surrounding theproposal during operations;

· environmental quality indicators andassociated trigger levels based on theguidelines and recommended approaches inthe Australian and New Zealand Guideline forFresh and Marine Water Quality (ANZECCand ARMCANZ, 2000) and the State WaterQuality Management Strategy Document No.6 for assessing performance against thetrigger levels;

· the reporting procedures, including theformat, timing, and frequency for thereporting of monitoring data against therelevant trigger levels and environmentalquality objectives;

· development of management measures andcontingency actions to be implemented in theevent that any trigger levels are not met;

· management measures shall includeprocedures to minimise the risk ofmonosulfidic material accumulation andmeasures to treat monosulfidic sedimentsbefore dredging and disposal; and


Prepare an OperationsMarine EnvironmentalQuality Managementand Monitoring Plan asper Condition 10-5.Submit plan to theCEO throughelectronic submissionto the ComplianceBranch.

Operations MarineEnvironment-alQuality Managementand Monitoring PlanCorrespondence toOEPA

CEO Construction Prior tocommissioningof proposal

NR Operations MarineEnvironmentalQualityManagement andMonitoring Plan notyet commenced


The proponent shall implement the approvedOperations Marine Environmental QualityManagement and Monitoring Plan required bycondition 10-5 during the operation of theproposal.

Implement theOperations MarineEnvironment-al QualityManagement andMonitoring Plan.

Operations MarineEnvironment-alQuality Managementand Monitoring Plan

CEO Operations Atcommissioningof proposal

NR Operations MarineEnvironment-alQualityManagement andMonitoring Plan notyet commenced



18



In the event that monitoring required by condition10-6, indicates that the trigger levels in condition10-5(4) are not being met or are unlikely to bemet, the proponent shall report the finding to theCEO within seven working days, along with adescription of the management and contingencyactions to be taken to meet the required level ofenvironmental quality.


Notification report


CEO Operations Within 7 days ofidentifying thattheenvironmentalobjectives notbeing met.

NR


The proponent shall submit monitoring resultsrequired by condition 10-6 as part of its annualcompliance assessment report required bycondition 4-6.


Finalised CAR CEO Operations Duringoperations onan annual basis.

NR Monitoring not yetcommenced

941:M11.1 Groundwater Quality The proponent shall ensure that groundwaterquality in Derby is not adversely affected by theconstruction and operation of the proposal.

Ensure no impact togroundwater quality inDerby as a result ofthe proposal.

Groundwatermonitoring results

CEO Overall Duringconstruction andoperation ofproposal


941:M11.2 Groundwater Quality To ensure the requirement of condition 11-1 ismet, the proponent shall, prior to undertakingconstruction activities for the proposal, submit forapproval of the CEO a Groundwater Monitoringand Management Plan.The Groundwater Monitoring and ManagementPlan shall include:· baseline groundwater quality including the

location of the pre- development freshwater Isaltwater interface;

· the identification of trigger levels forgroundwater levels and salinity;

· monitoring of water levels and salinity inaquifers to detect changes in the freshwater Isaltwater interface; and

· contingency actions in the event therequirements of condition 11-1 are not met orunlikely to be met.

Prepare aGroundwaterMonitoring andManagement Plan.Submit plan to theCEO throughelectronic submissionto the ComplianceBranch.

GroundwaterMonitoring andManagement Plan.




NR GroundwaterMonitoring andManagement Plannot yet commenced

941:M11.3 Groundwater Quality The proponent shall implement the GroundwaterMonitoring and Management Plan required bycondition 11-2 until such time as the CEOdetermines that monitoring and constructionactions may cease.

Implement theGroundwaterMonitoring andManagement Plan.

GroundwaterMonitoring andManagement Plan

CEO Construction Duringconstructionuntil approval tocease


941:M11.4.1 Groundwater Quality In the event that monitoring required by condition11-3 indicates that the requirements of condition11-1 is not being met:· the proponent shall report such findings to

the CEO within 21 days of the potential non-achievement being detected.

Notify the CEO in theevent of a non-achievement beingdetected inaccordance with theCAP.


CEO Overall Within 21 daysof the potentialnon-achievementbeing detected.




19


941:M11.4.2 Groundwater Quality In the event that monitoring required by condition11-3 indicates that the requirements of condition11-1 is not being met:· the proponent shall provide evidence which

allows the determination of the cause of thenon-achievement of condition 11-1.

Prepare an incidentreport identifying thecause of the potentialnon-achievement.Submit incident reportto the CEO throughelectronic submissionto the ComplianceBranch.



NR Construction andmonitoring not yetcommenced

941:M11.4.3 Groundwater Quality In the event that monitoring required by condition11-3 indicates that the requirements of condition11-1 is not being met:· if determined by the CEO to be a result of the

activities undertaken in implementing theproposal the proponent shall submit actionsto be undertaken to remediate any significantchanges to groundwater quality and theprovision of alternative potable water supplywithin 21 days.

Prepare an ActionPlan to address thecause and impactspotential non-achievement andidentify an alternativepotable water supply.Submit action plan tothe CEO throughelectronic submissionto the ComplianceBranch.

Action Plan




941:M11.5 Groundwater Quality The proponent shall implement remedial actionsrequired by condition 11-4 as necessary to allowthe pre-existing groundwater quality to be restoredto the satisfaction of the CEO.

Implement remedialactions and monitorsuccess.Provide evidence toOEPA that pre-existinggroundwater qualityhas been restored.

Monitoring results




941:M11.6 Groundwater Quality The proponent shall submit monitoring resultsrequired by condition 11-3 as part of its annualcompliance assessment report required bycondition 4-6.




941:M12.1 Fauna Prior to the construction of the proposal theproponent shall submit for approval of the CEOoperational strategies and a plan for theinstallation of marine fauna exclusion devices toprevent the passage of marine fauna through theturbines.

Prepare operationalstrategies and plan asper the condition.Submit strategies andplan to the CEOthrough electronicsubmission to theCompliance Branch.

Marine FaunaOperationalStrategies and Plan




NR Marine FaunaOperationalStrategies and Plannot yet commenced

941:M12.2 Fauna The proponent shall implement the approvedoperational strategies and plan during theconstruction and operation of the proposal.

Implement operationalstrategies and plan.




941:M12.3 Fauna Within 3 months following the completion ofconstruction, the proponent shall provide the CEOwith a performance report on the approved Planrequired in condition 12-1 which containsevidence showing the installation of the marinefauna exclusion devices required by condition12-2.

Prepare aperformance report onthe approved plan.

Report on MarineFauna OperationalStrategies and Plan

CEO Operation Within 3 monthsof completion ofconstruction.




20


941:M12.4 Fauna Prior to the commencement of construction theproponent shall prepare a Fauna ManagementPlan to be approved by the CEO. The plan shallinclude:· the methodology of baseline and ongoing

vertebrate fauna surveys;· identification of significant and migratory

fauna populations and their distributions· measures to protect fauna from the effects of

vegetation clearing, noise, vibration, lightoverspill, infrastructure, including anytrenching associated with the burial ofpipelines and any other impacts

· identification of suitable means of ensuringthe appropriate protection of fauna in the newbasins

· monitoring and reporting the success of theagreed means of appropriate protectionemployed, including the recording andreporting death and injury of any faunaprotected under the Wildlife Conservation Act1950.

Prepare a FaunaManagement Plan tocondition criteria.Submit FaunaManagement Plan tothe CEO throughelectronic submissionto the complianceBranch.Significant SpeciesMitigation andMonitoring Planprepared, but not yetapproved byDepartment of theEnvironment.

Fauna ManagementPlan




NR FaunaManagement Plannot yet commenced

941:M12.5 Fauna The proponent shall implement the approved Planrequired by condition 12-4.

Implement FaunaManagement Plan.


CEO Overall Ongoingthroughconstruction andoperation ofproposal


941:M12.6 Fauna The proponent shall submit monitoring resultsrequired by condition 12-5 as part of its annualcompliance assessment report required bycondition 4-6.


Finalised CAR CEO Operations First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.


941:M13.1 Power TransmissionInfrastructure

Prior to the construction of the power transmissioninfrastructure element of the proposal, theproponent shall undertake detailed flora andvegetation surveys in the proposed transmissioninfrastructure corridor, in accordance withEnvironmental Protection Authority GuidanceStatement 51 Terrestrial Flora and VegetationSurveys for Environmental Impact Assessment inWestern Australia to identify the locations of anypopulations of rare or threatened communities orspecies, or species of restricted regionaldistribution.

Undertake flora andvegetation survey ofthe proposedtransmissioninfrastructure corridor.

Flora and VegetationReport



NR Flora andvegetation surveynot yet commenced



21



The proponent shall record and provide the MGAcoordinates and population details for eachoccurrence of rare or threatened communities orspecies, or species of restricted regionaldistribution to the CEO and the Chief ExecutiveOfficer of the DEC in the power transmissioninfrastructure corridor, within three months ofcompletion of the surveys required by condition13-1.

Provide electronicrecords as required bythe condition to theCEO of the OEPA andCEO of the DPaW.

Correspondence toOEPA and DPaW


Within 3 monthsof completingsurveys requiredby Condition13-1



Prior to the construction of the power transmissioninfrastructure, unless otherwise approved by theCEO, the proponent shall prepare a final PowerTransmission Infrastructure Plan which is to beapproved by the CEO.The final Plan shall include the details and routeof the power transmission alignment, width of theconstruction corridor, and any supportinginfrastructure and demonstrate to the satisfactionof the CEO, that the transmission infrastructurehas been located to avoid, where practicable, anypopulations of rare or threatened communities orspecies, or species of restricted regionaldistribution identified in condition 13-2.

Prepare a PowerTransmissionInfrastructure Plan tocriteria in thecondition.Submit plan to theCEO throughelectronic submissionto the complianceBranch.

Final PowerTransmissionInfrastructure Plan



Prior to theconstruction ofthe transmissionline

NR PowerTransmissionInfrastructure Plannot yet commenced


The Proponent shall provide the CEO with theapproved Power Transmission Infrastructure Planrequired in condition 13-3 and spatial datalocating the construction corridor and thetransmission infrastructure, in a GeographicalInformation System (GIS) compatible formatspecified by the CEO.







The Proponent shall construct the powertransmission infrastructure listed in Schedule 1consistent with the approved Power TransmissionInfrastructure Plan in condition 13-3.

Ensure design andconstruction plansalign with theapprovedInfrastructure Plan.Cross check ‘as-built’records againstapprovedInfrastructure Plan





941:M14.1 GeomorphologicalProcesses

Prior to construction of the proposal, theproponent shall prepare a Geo- heritageMonitoring Program for approval of the CEOwhich documents the following:· changes to the inundation patterns occurring

in East and West Doctors Creek· the long-term changes to the erosional

processes occurring in the creeks· identification of a site or a number of sites in

King Sound that may possess similar type-site which can be used to continuegeologic/ecologic research in tidal flats, semi-arid deltaic areas.

Prepare a Geo-heritage MonitoringProgram to conditioncriteria.Submit Geo-heritageMonitoring Program tothe CEO throughelectronic submissionto the complianceBranch.

Geo-heritageMonitoring Program




NR Geo-heritageMonitoring Programnot yet prepared



22


941:M14.2 GeomorphologicalProcesses

The proponent shall implement the Geo-heritageMonitoring Program required by condition 14-1.

Implement Geo-heritage MonitoringProgram.






23

4.0 Environmental Management Plans/Programs

4.1 Completed Environmental Management Plans/ProgramsCompleted management plans relevant to EPA conditions include:

· Cardno 2011, Proposed Derby Tidal Power Station Hydrodynamic and Sediment TransportModelling Report (Condition 8.1, 8.2) (updated 2014)

· Sinclair Knight Merz 2011, Derby Tidal Power, Assessment of Mangrove changes in DoctorsCreek between 1997 and 2010 and zone of impact plan (Condition 9.1).

A management program has been prepared as part of the draft Environmental Impact Statement toaddress impacts on Matters of National Environmental Significance (MNES). The set of sub-management plans within the program includes:

· Sedimentation and erosion management

· Water quality

· Vegetation management

· Fauna management

· Noise and vibration management

· Emission management

· Waste and hazardous materials.

4.2 Environmental Management Plans/Programs to be completedThe Project is still being assessed under the EPBC Act and as such has not yet commenced.Management plans and strategies still to be completed include:

· Infrastructure Plan and Power Station Operating Strategy (Condition 6.1)

· State of the Mangrove Habitat Surveys (Condition 7.1)

· Endorsement of the Mangrove Habitats Zone of Impact plan by the CEO of the OEPA (Condition8.3, 9.3)

· Mangrove monitoring plan to include sections (Condition 9-5)

· Mangrove Research and Establishment Program (Condition 9.10)

· Construction Marine Environmental Quality Management and Monitoring Plan (Condition 10.1)

· Groundwater Monitoring and Management Plan (Condition 11.2)

· Marine Fauna Operational Strategies and Plan (Condition 12.1)

· Flora and Vegetation Report for transmission line area (Condition 13.1)

· Power Transmission Infrastructure Plan (Condition 13.3)

· Geo-heritage Monitoring Program (Condition 14.1).



24

5.0 Environmental MonitoringEnvironmental Monitoring has not yet commenced. The project is currently waiting for the completionof environmental approvals and will not commence monitoring until it is certain that the project isenvironmentally acceptable.



25

6.0 EndorsementThis Compliance Assessment Report has been endorsed by the Managing Director of Tidal EnergyAustralia.

\\AUPER1FP001.AU.AECOMNET.COM\Projects\602X\60212828\8 Issued Docs\8.1 Reports\2018\Compliance Assessment Report 2017_Rev0.docxRevision Rev 0 – 19-Jan-2018Prepared for – Tidal Energy Australia – ABN: 76 067 829 145

Derby tidal Power ProjectTidal Energy Australia19-Jan-2018

Compliance AssessmentReport 2017



Compliance Assessment Report 2017

Client: Tidal Energy AustraliaABN: 76 067 829 145

Prepared byAECOM Australia Pty Ltd3 Forrest Place, Perth WA 6000, GPO Box B59, Perth WA 6849, AustraliaT +61 8 6208 0000 F +61 8 6208 0999 www.aecom.comABN 20 093 846 925

19-Jan-2018

Job No.: 60212828

AECOM in Australia and New Zealand is certified to ISO9001, ISO14001 AS/NZS4801 and OHSAS18001.

© AECOM Australia Pty Ltd (AECOM). All rights reserved.

AECOM has prepared this document for the sole use of the Client and for a specific purpose, each as expressly stated in the document. No otherparty should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to anythird party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements andAECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professionalprinciples. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of whichmay not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.



Quality InformationDocument Compliance Assessment Report 2017

Ref 60212828

Date 19-Jan-2018

Prepared by Danielle Sullivan

Reviewed by Linda Kirchner

Revision History

Rev Revision Date DetailsAuthorised

Name/Position Signature

Rev A 15-Dec-2017 Draft Linda KirchnerAssociate Director -Environment

Rev 0 19 Jan-18- for submission Linda KirchnerAssociate Director -Environment



Table of Contents1.0 Introduction 12.0 Current Status 23.0 Compliance 3

3.1 Audit Table 34.0 Environmental Management Plans/Programs 23

4.1 Completed Environmental Management Plans/Programs 234.2 Environmental Management Plans/Programs to be completed 23

5.0 Environmental Monitoring 246.0 Endorsement 25



1

1.0 IntroductionThis Compliance Assessment Report has been prepared to satisfy the requirements of Condition 4-1and 4-2 of Ministerial Statement 941 (MS 941). The first CAR is due on the 22 October 2014, dated 15months from the date of issue of MS 941 (22 July 2013).

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

4-2 The proponent shall submit to the CEO the compliance assessment plan required by Condition 4-1at least six months prior to the first compliance assessment report required by Condition 4-6, or priorto implementation, whichever is sooner.

The compliance assessment plan shall indicate:

a. the frequency of compliance reporting;

b. the retention of compliance assessments;

c. the method of reporting of potential non-compliances and corrective actions taken’

d. the table of contents of compliance assessment reports’ and

e. public availability of compliance assessment reports.

The compliance assessment report shall:

1. be endorsed by the proponent's Managing Director or a person delegated to sign on theManaging Director'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





2

2.0 Current StatusThe Tidal Energy Australia Derby Tidal Power Station is progressing through the environmentalapprovals process and is currently out for public comment under the Environment Protection andBiodiversity Conservation Act (EPBC Act). As such the project has not progressed with any on-groundworks requiring compliance reporting.

This compliance assessment report addresses the conditions in the following sections:

1. be endorsed by the proponent's Managing Director or a person delegated to sign on theManaging Director's behalf (Section 6.0)

2. include a statement as to whether the proponent has complied with the conditions (Section 3)

3. identify all potential non-compliances and describe corrective and preventative actions taken(Section 3)



This report will be made publically available on the Tidal Energy Australia website.

There have been no changes made to the Compliance Assessment Plan in this reporting period.



3

3.0 Compliance

3.1 Audit TableThe Audit table provides a compliance and status update for each condition from ImplementationStatement 941.

The proponent is in compliance with the Compliance Assessment Plan.

As the project has not commenced pre-construction activities yet, the majority of the actions are notyet relevant. Section 4.0 sets out the status of required Management Plans/Programs, and Section 5.0reports on monitoring compliance.

This plan includes updates as per the review of the Compliance Plan in May 2015 and includes minorupdates.


\\AUPER1FP001.AU.AECOMNET.COM\Projects\602X\60212828\8 Issued Docs\8.1 Reports\2018\Compliance Assessment Report 2017_Rev 0.docxRevision Rev 0 – 19-Jan-2018Prepared for – Tidal Energy Australia – ABN: 76 067 829 145

4


941:M1.1 ProposalImplementation

When implementing the proposal, the proponentshall not exceed the authorised extent of theproposal as defined in Column 3 of Table 2 inSchedule 1, unless amendments to the proposaland the authorised extent of the Proposal hasbeen approved under the EP Act.

As per Schedule 1 ofMS 941

Compliance Report Min for Env Overall Ongoing NR Not yetcommenced

941:M2.1 Contact Details The proponent shall notify the CEO of any changeof its name, physical address or postal address forthe serving of notices or other correspondencewithin 28 days of such change. Where theproponent is a corporation or an association ofpersons, whether incorporated or not, the postaladdress is that of the principal place of businessor of the principal office in the State.

Provide writtennotification with detailsof the changes


CEO Overall Within 28 daysof such change

NR No changes made

941:M3.1 Time Limit forProposalImplementation

The proponent shall not commenceimplementation of the proposal after the expirationof 5 years from the date of this statement, and anycommencement, within this 5 year period, must besubstantial.






Any commencement of implementation of theproposal, within 5 years from the date of thisstatement, must be demonstrated as substantialby providing the CEO with written evidence, on orbefore the expiration of 5 years from the date ofthis statement.





941.M4.1 ComplianceReporting

The proponent shall prepare and maintain acompliance assessment plan to the satisfaction ofthe CEO.

Correspondence withthe OEPAPreparation of aComplianceAssessment Plan andan audit table incompliance with therequirements of theOEPA.

Completed andApprovedComplianceAssessment Plan(CAP) Audit Table(this document).

ComplianceAssessment Report(CAR)

CEO Overall Ongoing C UpdatedComplianceAssessment Plan27 May 2015


The proponent shall submit to the CEO thecompliance assessment plan required byCondition 4-1 at least six months prior to the firstcompliance assessment report required byCondition 4-6, or prior to implementation,whichever is sooner.The compliance assessment plan shall indicate:· the frequency of compliance reporting· the approach and timing of compliance

assessments· the retention of compliance assessments· the method of reporting of potential non-

compliances and corrective actions taken· the table of contents of compliance

assessment reports· public availability of compliance assessment

reports.

Construct the CAP inaccordance withcriteria.

Correspondence tothe OEPAApproved CAP


By 22 April 2014or prior togrounddisturbingactivities,whichever issooner

C ComplianceAssessment Plan28 November 2013Updated 27 May2015



5



The proponent shall assess compliance withconditions in accordance with the complianceassessment plan required by Condition 4-1.

As specified in CAP Overview provided inCAR

Min for Env Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.

C This report


The proponent shall retain reports of allcompliance assessments described in thecompliance assessment plan required byCondition 4-1 and shall make those reportsavailable when requested by the CEO.

As specified in CAP Availability at therequest of the CEO

CEO Overall Ongoing C Project not yetcommenced


The proponent shall advise the CEO of anypotential non-compliance within seven days ofthat non-compliance being known.

As specified in CAP Correspondence toOEPAOverview provided inCAR

CEO Overall Within 7 days ofnon-compliancebeing known

C No non-compliances toreport


Subject to Condition 4-7, the proponent shallsubmit to the CEO the first complianceassessment report 15 months from the date ofissue of this Statement addressing the 12 monthperiod from the date of issue of this Statementand then annually from the date of submission ofthe first compliance assessment report.The compliance assessment report shall:· be endorsed by the proponent's Managing

Director or a person delegated to sign on theManaging Director's behalf

· include a statement as to whether theproponent has complied with the conditions

· identify all potential non-compliances anddescribe corrective and preventative actionstaken

· be made publicly available in accordancewith the approved compliance assessmentplan

· indicate any proposed changes to thecompliance assessment plan required byCondition 4-1.

As specified in CAP Endorsement in CARCAR availability onProponent website


CEO Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.

C This report andendorsement letter


Without limiting condition 4-6, during theconstruction of the proposal, the proponent shallsubmit a compliance report, which satisfies therequirements of conditions 4-6(1) to (5), every 6month period from the date of commencement ofconstruction up and until the date ofcommissioning of the proposal.

As specified in CAP Endorsement in CAR

CAR availability onProponent website


CEO Construction Six monthlyfrom the date ofcommencementof Construction

NR Construction notyet commenced -compliance



6



Subject to Condition 5-2, within a reasonable timeperiod approved by the CEO of the issue of thisstatement and for the remainder of the life of theproposal the proponent shall make publiclyavailable, in a manner approved by the CEO, allvalidated environmental data (including samplingdesign, sampling methodologies, empirical dataand derived information products (e.g. maps))relevant to the assessment of this proposal andimplementation of this Statement.

Provide writtennotification to theOEPA outliningavailability of data.Provide copies ofvalidatedenvironmental datarelevant to MS 941 onthe TEA website.

Availability of data onProponent website



Prior to grounddisturbingactivities,whichever issooner

C Construction notyet commenced -compliance

941.M5.2 Public Availability ofData

If any data referred to in Condition 5-1 containsparticulars of:· a secret formula or process· confidential commercially sensitive

information;· the proponent may submit a request for

approval from the CEO to not make this datapublically available. In making such a requestthe proponent shall provide the CEO with anexplanation and reasons why the data shouldnot be made publically available.

Provide writtencorrespondence to theOEPA to request dataprivacy.


CEO Ongoing Prior toimplementationof 5-1

NR Noted – as yet notrequired

941.M6.1 Infra-structure Planand Power StationOperating Strategy

Prior to the construction of the proposal, unlessotherwise approved by the CEO, the proponentshall prepare a final Infrastructure Plan which is tobe approved by the CEO, on advice of theDepartment of Transport. The final InfrastructurePlan shall include the details, locations, height,and extent of the proposal elements as listed inSchedule 1 including the areas to be excavated,dredged and to receive disposal of dredgedmaterial.

Prepare a finalInfrastructure Plan withguidance from DoT.Provide finalInfrastructure Plan toOEPA for approval.

Correspondencefrom OEPAindicating Approvalof Infrastructure Plan

CompletedInfrastructure Plan

CEO withadvice fromDoT

Pre-Construction

Before grounddisturbingactivities

NR Infrastructure Planand Power StationOperating Strategystill to be completed


Prior to the construction of the proposal, unlessotherwise approved by the CEO, the proponentshall prepare a Power Station Operating Strategywhich is to be approved by the CEO.The Operating Strategy shall describe the mannerand procedures in which the basins will bemanaged for power generation and the effect theprocedures will have on the new tidal regime inthe basins of Doctor's Creek.

Prepare a final PowerStation OperatingStrategy.


Correspondencefrom OEPAindicating Approvalof Power StationOperating Strategy





The Operating Strategy in Condition 6-2 shallinclude:· the new tidal ranges and submergence

curves in the high and low basins as a resultof operating the proposal

· modelled tidal flows under a range ofscenarios

· using contemporary bathymetry andelevation data, delineate on a plan the newintertidal zones for both basins

· procedures which minimises ongoing dustgeneration.

Prepare a PowerStation OperatingStrategy in accordancewith criteria.







7



The Proponent shall provide the CEO with theapproved Infrastructure Plan required in Condition6-1 and spatial data locating all the infra-structureelements, including areas to be dredged and toreceive dredge material, in a GeographicalInformation System (GIS) compatible formatspecified by the CEO.

Provide InfrastructurePlan along with spatialdata to the CEOthrough electronicsubmission to theCompliance Branch





941.M6.5 Infra-structure Planand Power StationOperating Strategy

The Proponent shall construct the proposalelements listed in Schedule 1 consistent with theapproved Infrastructure Plan.

Ensure Project designand construction plansalign with theapprovedInfrastructure Plan.Cross check ‘as-built’records againstapprovedInfrastructure Plan






The Proponent shall provide the CEO with theapproved Power Station Operating Strategyrequired in Condition 6-2 including the spatial datalocating the new intertidal zones for both basins inCondition 6-3, in a Geographical InformationSystem (GIS) compatible format specified by theCEO.

Provide Power StationOperating Strategyalong with spatial datato the CEO throughelectronic submissionto the ComplianceBranch






The proponent shall operate the proposalconsistent with the approved Power StationOperating Strategy, and its approved revisions.

Implement PowerStation OperatingStrategy and ensureprocedures andsystems support thestrategy.

Record ofimplementation ofPower StationOperating Strategy

CEO Operation Atcommencementof operation



Within 14 months following the commencement ofoperations, the proponent shall review theapproved Power Station Operating Strategy andsubmit a report to the CEO on the findings of thetrials, surveys and monitoring required byConditions 9-6, 9-12 and 10-6 that are relevant tothe Operating Strategy, and includerecommendations for revising the approvedOperating Strategy in Condition 6-9.

Prepare a ReviewReport of the approvedPower StationOperating Strategyagainst the results oftrial, survey andmonitoringrequirements inConditions 9-6, 9-12and 10-6 relevant tothe OperatingStrategy.Provide results of thisreview and the trials,surveys andmonitoring to theOEPA along withrecommendations forrevising the approvedOperating Strategy.

Power StationOperating StrategyReview Report.



NR Operation not yetcommenced



8



The proponent shall submit a revised PowerStation Operating Strategy for the approval of theCEO which incorporates the findings of the reviewrequired in Condition 6-8, within the first 16months following the commencement ofoperations.

Revise the PowerStation OperatingStrategy to incorporatethe findings of thereview required byCondition 6-8.Provide a revisedPower StationOperating Strategy tothe OEPA.

Revised PowerStation OperatingStrategy



NR Operations not yetcommenced

941.M7.1 State of theMangrove HabitatSurveys

At least six months prior to the commencement ofany construction works, unless otherwiseapproved by the CEO, the proponent shallprepare a Scope of Works for surveys of themangrove habitats, as detailed in condition 7-3 forthe approval of the CEO.

Prepare a Scope ofWorks for surveys ofthe mangrove habitats.






941.M7.2.1 State of theMangrove HabitatSurveys

The surveys of the mangrove habitats are to beconducted in accordance with the approvedScope of Works at the times as indicated below,unless otherwise approved by the CEO, so as toestablish the following:· the baseline state of the mangrove habitats

prior to the commencement of anyconstruction works that may impact onmangrove habitats.

Undertake BaselineMangrove Survey asper the scope ofworks.





941.M7.2.2 State of theMangrove HabitatSurveys

The surveys of the mangrove habitats are to beconducted in accordance with the approvedScope of Works at the times as indicated below,unless otherwise approved by the CEO, so as toestablish the following:the first and second operations phase state of themangrove habitats.

Undertake twoOperations PhaseMangrove Surveys asper the scope ofworks.

Survey reports CEO Operations During the firstand secondoperationsphases




9



The Scope of Works for surveys of the mangrovehabitats required in condition 7-1 shall include thefollowing, with regard to when the survey isconducted:· procedures and methods for the collection of

quantitative environmental data for:· soil salinity along permanent transects· hydrodynamic conditions including direction

and velocity of water currents· the physical characteristics of sediments

suspended in the water column anddeposited on the benthos

· the natural and development-influencedrates, and spatial and temporal patterns ofnet sediment deposition and erosion

· the spatial extent, distribution, communitycomposition, natural variability includingseasonality and health of mangrovecommunities

· the preparation of mangrove habitat maps;· establishment of permanent transects with

appropriate replication to account for diversityof mangrove communities and statisticalrobustness

· timing for the implementation and completionof the surveys having regard to the types andsequence of surveys referred to in condition7-2

· procedures for the use of survey data toassess compliance with relevantenvironmental protection outcomes incondition 9-4

· timing and frequency of reporting to the CEO.

Prepare scope ofworks to meet criteria.






Prior to the commencement of construction and inaccordance with the approved Scope of Worksrequired under condition 7-1, the Proponent shallundertake the baseline state of the mangrovehabitats survey.

Undertake BaselineMangrove Survey asper the Scope ofWorks.






At the time specified by the approved Scope ofWorks and in accordance with the approvedScope of Works, the Proponent shall undertakethe surveys for the first operations phase state ofthe mangrove habitats.

Undertake the FirstOperations PhaseMangrove Survey asper the scope ofworks.

First OperationsMangrove Surveyreport

CEO Operations Following thecommissioningof the proposal




10



Within 5 years following completion ofconstruction in accordance with the approvedScope of Works, the Proponent shall undertake asecond operational phase state of the mangrovehabitats survey to determine compliance with theenvironmental protection outcomes set incondition 9-4.

Undertake the SecondOperations PhaseMangrove Survey asper the scope ofworks.

Second OperationsMangrove Surveyreport

CEO Operations Within 5 yearsfollowingcompletion ofconstruction



The Proponent shall report the findings of thebaseline state of the mangrove habitats surveyrequired by condition 7-4 to the CEO within threemonths of having completed that survey.

Provide BaselineMangrove Survey tothe CEO throughelectronic submissionto the ComplianceBranch



Within 3 monthsof conductingBaselineMangroveSurvey



The Proponent shall report the findings ofsubsequent state of the mangrove habitatssurveys required by conditions 7-4, 7-5 and 7-6and include in each report an appraisal ofcompliance with environmental protectionoutcomes set in condition 9-4 having regard toany relevant approved revised environmentalprotection outcome, to the CEO within threemonths of having completed each survey.

Provide subsequentmangrove surveyreports to the CEOthrough electronicsubmission to theCompliance Branch.Include in surveyreports an assessmentof the compliance withenvironmentalprotection outcomesset in Condition 9-4.


CEO Pre-ConstructionandOperations

Within 3 monthsof conductingeach mangrovesurvey



Prior to commencing operations, the proponentshall submit for the approval of the CEO a revisedScope of Works in condition 7-3 which includes anoperations phase program of ongoing surveys ofthe state of mangrove habitats based on thefindings submitted for condition 7-8.

Prepare a revisedScope of Works forongoing monitoringbased on findings ofprevious mangrovesurveys.Provide revised Scopeof Works to the CEOthrough electronicsubmission to theCompliance Branch.

Revised Scope ofWorks


CEO Construction Prior tocommencementof operations


941.M8.1 Sedimentation The proponent shall, at least six months prior tothe commencement of construction works,undertake detailed hydrodynamic andsedimentation modelling of the pre-developmentshort-term and long-term effects of the proposalon sedimentation and erosion patterns, havingregard to the effects of cyclonic conditions, inareas:· surrounding the proposal (near the entrance

to Doctor's Creek and in King Sound)· in Doctor's Creek (including the new high and

low basins).· The hydrodynamic and sedimentation

modelling will include the relevantquantitative sedimentation and hydrodynamicdata in condition 7-3.

Undertake modellingmeeting the criteria.

Cardno 2011,Proposed DerbyTidal Power StationHydro-dynamic andSediment TransportModelling Report

Cardno 2014,Proposed DerbyTidal Power Station -PreliminaryHydrodynamic andSediment TransportModelling


6 months priorto thecommencementof constructionworks

C Cardno 2011,Proposed DerbyTidal Power StationHydrodynamic andSediment TransportModelling ReportUpdated March2014 – Cardno2014, ProposedDerby Tidal PowerStation -PreliminaryHydrodynamic andSediment TransportModelling



11


941.M8.2 Sedimentation Based on the results of the hydrodynamic andsedimentation modelling in Condition 8-1 identifythe areas:· which support mangrove communities and

are at risk of significant erosion andsmothering through sedimentation from theeffects of proposal

· where new sedimentary patterns andaccumulations from the proposal would assistin areas which would support mangrovecolonisation.

Identify areas as perthe criteria.




C Sinclair KnightMerz 2011, DerbyTidal Power,Assessment ofMangrove changesin Doctors Creekbetween 1997 and2010

941.M8.3* Sedimentation The Proponent shall provide the CEO with theapproved areas required in Condition 8-2(1) and(2) and spatial data locating the areas, in aGeographical Information System (GIS)compatible format specified by the CEO.






941.M9.1 Mangrove habitats Prior to the commencement of construction, theproponent shall identify the:· Zone of High Impact - the area where direct

and indirect impacts from the proposal onmangrove communities are predicted to beirreversible. The term irreversible is definedas 'lacking a capacity to return or recover to astate resembling that prior to being impactedwithin a timeframe of five years or less

· Zone of Moderate Impact - the area withinwhich predicted impacts on mangrovecommunities are sub-lethal, and/or theimpacts are recoverable within a period offive years following completion of theconstruction of the proposal

· Zone of Mangrove Establishment - the areawhere, because of the new tidal regime,sedimentation areas and proposalinfrastructure, will be available for and becolonised by mangrove communities, andsubmit the zones for approval of the CEO.

Prepare a report onthe zones of impact.Provide report to theCEO throughelectronic submissionto the ComplianceBranch




C Spatial dataincluded withprevious CAR

941.M9.2 Mangrove habitats The CEO may, having regard to a reportsubmitted by the proponent, approve revisedZones of High and Moderate Impact to have effectfor the purpose of condition 9-1.

Provide writtencorrespondence to theOEPA to requestapproval of revisedzones.


CEO Ongoing As required NR Not yet undertaken

941.M9.3 Mangrove habitats The Proponent shall provide the CEO with a mapof the approved zones in condition 9-1, and anyrevised zones approved in Condition 9-2, andspatial data locating the zones, in a GeographicalInformation System (GIS) compatible formatspecified by the CEO.






941.M9.4.1 Mangrove habitats The proponent shall ensure the construction andoperation of the proposal achieves the followingenvironmental protection outcomes:· No irreversible loss of, or serious damage to,

mangrove habitats outside the Zone of HighImpact.

Conduct ongoingmonitoring ofmangrovecommunities.

Ongoing monitoringreports

CEO Ongoing DuringConstructionand Operationsphases




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941.M9.4.2 Mangrove habitats The proponent shall ensure the construction andoperation of the proposal achieves the followingenvironmental protection outcomes:· The establishment of self-sustaining1

mangrove communities which stabilise thecreeks and provide suitable habitat for nativefauna in the Zone of MangroveEstablishment, within 10 years from the dateof the completion of construction.

1 self-sustaining means permanent and stablemangrove communities which grow and persistwithout human management or interventionbeyond that which would be required to maintaincomparable undisturbed mangrove communities.

Establish mangrovecommunities to thecriteria.Monitor establishedmangrovecommunities.

Mangrovecommunitymonitoring results.

CEO Operation Within 10 yearsof completion ofconstruction


941.M9.5 Mangrove habitats To demonstrate the environmental protectionoutcome in condition 9-4(1) has been met, theproponent shall prepare a monitoring plan formangrove health and sedimentation for theapproval of the CEO, prior to the commencementof construction.The monitoring plan shall include:· mangrove health and net sedimentation

monitoring locations at:· Zone of Moderate Impact monitoring sites - at

locations where mangrove communities arefound and which are outside and as close aspracticable to the Zone of High Impact

· Reference monitoring sites - at locationswhich are similar to each impact monitoringsite in all respects including mangroveassociations and which do not have thepotential to be affected by the implementationof the proposal or any other activities thatmay affect mangrove health

· the use of permanent relocatable quadratsand transects for repeat measures ofmangrove health having regard for baselinemangrove habitat surveys required incondition 7-4

· the methodology for subsequent surveys formangrove health and net sedimentation atthe impact and reference monitoring sitesreferred to in condition 9-5(1)

· the frequency for monitoring mangrove healthand net sedimentation

· indicators of mangrove health, andmanagement trigger levels for indicators ofmangrove health management trigger levelsfor sedimentation and erosion.

Prepare mangrovemonitoring plan toinclude sections as perCondition 9-5.Provide monitoringplan to the CEOthrough electronicsubmission to theCompliance Branch

CompletedMangrove monitoringplan





941.M9.6 Mangrove habitats The proponent shall implement the monitoringplan required by condition 9-5 prior to thecommencement of construction until such time asthe CEO determines that monitoring actions maycease.

Implement themonitoring plan

Regular reports onmonitoring

CEO Overall Prior toconstructionuntil approval tostop monitoring




13


941.M9.7 Mangrove habitats Prior to the commencement of construction, theproponent shall submit a report on the results ofbaseline surveys of mangrove health and netsedimentation from the potential impact andreference monitoring sites required by condition9-6.

Include reference toongoing monitoringsites in BaselineMangrove SurveyProvide BaselineMangrove Survey tothe CEO throughelectronic submissionto the ComplianceBranch



In line withsubmission ofBaselineMangroveSurvey(Condition 7-7)


941.M9.8.1 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· the proponent shall report such findings to

CEO within 14 days of the trigger level beingreached being identified

Notify the CEO in theevent of a monitoringtrigger level beingreached in accordancewith the CAP.


CEO Overall Immediatelyfollowingmonitoringresultsidentifying thattrigger levelsbeing reached.


941.M9.8.2 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· the proponent shall provide evidence which

allows determination of the circumstancewhich caused the trigger levels to be reached

Prepare an incidentreport identifying thecause of trigger levelsbeing reached.Submit incident reportto the CEO throughelectronic submissionto the ComplianceBranch.


CEO Overall Within 7 days ofmonitoringobserved to bereaching triggerlevels


941.M9.8.3 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· if determined by the CEO to be attributable to

the proposal, the proponent shall submit anyactions to be taken to address the netincrease in sedimentation or decline inmangrove health within 14 days of thedetermination being made to the CEO

Prepare an ActionPlan to address thecause and impacts ofthe trigger levels beingreached.Submit action plan tothe CEO throughelectronic submissionto the ComplianceBranch.

Trigger level ActionPlan




941.M9.8.4 Mangrove habitats In the event that monitoring required by condition9-6 indicates a trigger level has been reached:· the proponent shall implement actions to

address the net increase in sedimentation ordecline in mangrove health upon approval ofthe CEO and shall continue implementing theapproved actions until such time as the CEOdetermines that the approved actions maycease.

Implement trigger levelaction plan andmonitor success.Provide evidence toOEPA thatrequirements of ActionPlan have been met.

Monitoring results




941.M9.9 Mangrove habitats The proponent shall submit bi-annually, or at afrequency defined to the satisfaction of the CEO,the results of monitoring required by condition 9-6to the CEO, until such time as the CEOdetermines that reporting may cease.

Prepare reports onmonitoring results.

Monitoring reports CEO Operation Bi-annually –commencingprior toconstruction andcontinuing untilapproval to stopmonitoring




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941.M9.10 Mangrove habitats -Zone of MangroveEstablishment

In order to optimise the successful establishmentof mangroves in the Zone of MangroveEstablishment in condition 9-1(3) and meet theenvironmental protection outcome in condition9-4(2), the proponent shall prepare a MangroveResearch and Establishment Program to beapproved by the CEO prior to the commencementof construction. The Program shall:· identify research trials and investigations into

mangrove recruitment and colonisation inDoctor's Creek

· identify strategies and measures to beundertaken during the management of theproposal (including in the Power StationOperating Strategy required by condition 6-2and its approved revisions)

· include an implementation program for theresearch trials in condition 9-10(1) andstrategies and measures identified incondition 9-10(2)

· include an ongoing monitoring program formangrove colonisation in the Zone ofMangrove Establishment to determinecompliance with the environmental protectionoutcome in condition 9-4.

Prepare a MangroveResearch andEstablishmentProgram to beapproved by the CEO.Submit program to theCEO throughelectronic submissionto the ComplianceBranch.






In relation to condition 9-10(1), the proponentshall undertake research trials and investigationsin the following areas:· The conditions required for mangrove

propagule recruitment in newly availableareas including an understanding of floweringand fruiting times of target mangrovespecies.

· Present and future soil conditions after theconstruction of the barrages, including soilproperties such as moisture, texture andchemistry.

· Strategies for the protection of juvenile plantsfrom effects that reduce viability, e.g.Contamination, siltation, wind and tidalerosion, excessive temperature evaporationand insolation.

· Establish the relationship between elevation,soil salinity, soil hydrology and occurrence ofmangrove communities.

· Opportunities for earthworks in the creeks toincrease the areas suitable for and linearextent of mangroves habitats.

Undertake researchtrials andinvestigations as perCondition 9-11.


CEO Overall Prior tocommencementof grounddisturbingactivities



The proponent shall commence implementation ofthe Mangrove Research and EstablishmentProgram prior to the commencement ofconstruction.

Implement theMangrove Researchand EstablishmentProgram.







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The proponent shall report on the outcomes of theresearch and investigations, monitoring andimplementation of strategies required by condition9-10 as part of the compliance assessment reportrequired by condition 4-6.

Include reports on theMangrove Researchand EstablishmentProgram in the annualCAR

Finalised CAR CEO Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.Continue untilcompletion ofresearch.


941.M10.1 MarineEnvironmentalQuality –Construction

Prior to the construction of the proposal, theproponent shall submit for the approval of theCEO, a Construction Marine EnvironmentalQuality Management and Monitoring Plan tomaintain the quality of waters, sediment and/orbiota in Doctors Creek and King Sound so that theenvironmental values are protected during theconstruction of the proposal.The management and monitoring plan shallinclude:· a threat assessment from marine

construction activities and baseline sedimentand water quality data for indicators relevantto identified threats over a number of tidalcycles and seasons

· protocols and procedures for monitoring andevaluating the quality of water and sedimentin marine waters surrounding the proposalduring construction

· environmental quality indicators andassociated trigger levels based on theguidelines and recommended approaches inthe Australian and New Zealand Guideline forFresh and Marine Water Quality (ANZECCand ARMCANZ, 2000) and the State WaterQuality Management Strategy Document No.6 for assessing performance against theenvironmental quality objectives

· the reporting procedures, including theformat, timing, and frequency for thereporting of monitoring data against therelevant trigger levels and environmentalquality objectives

· development of construction managementmeasures and contingency actions to beimplemented in the event that any triggerlevels and environmental quality objectivesreferred to in Condition 10-1(3) are not met


Prepare aConstruction MarineEnvironment-al QualityManagement andMonitoring Plan as perCondition 10-1.Submit plan to theCEO throughelectronic submissionto the ComplianceBranch.





NR ConstructionMarineEnvironmentalQualityManagement andMonitoring Plan notyet commenced



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The proponent shall implement the approvedConstruction Marine Environmental QualityManagement and Monitoring Plan required bycondition 10-1 until such time as the CEOdetermines that monitoring and constructionmanagement actions may cease.

Implement theConstruction MarineEnvironmental QualityManagement andMonitoring Plan.


CEO Construction Atcommencementof constructionuntil approval tocease

NR ConstructionMarineEnvironmentalQualityManagement- andMonitoring Plan notyet commenced


In the event that monitoring required by condition10-2, indicates that the environmental qualityobjectives in condition 10-1(3) are not being metor are unlikely to be met, the proponent shallreport the finding to the CEO within seven workingdays, along with a description of the managementand contingency actions to be taken to meet therequired level of environmental quality.


Notification reportCorrespondence toOEPA

CEO Construction Within 7 days ofidentifying thattheenvironmentalobjectives notbeing met.



The proponent shall submit monitoring resultsrequired by condition 10-1(4) as part of its annualcompliance assessment report required bycondition 4-6.


Finalised CAR CEO Overall First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.Continue untilcompletion ofmonitoring.

NR Monitoring has notbeen commencedprior to projectenvironmentalapproval



17


941.M10.5 MarineEnvironmentalQuality – Operations

Prior to the commissioning of the proposal, theproponent shall submit for the approval of theCEO an Operations Marine Environmental QualityManagement and Monitoring Plan to manage theongoing impacts of the proposal on marineenvironmental quality in Doctors Creek and KingSound. The management and monitoring planshall include:· a threat assessment from operational

activities and baseline sediment and waterquality data for indicators relevant toidentified threats over a number of tidalcycles and seasons

· hydrodynamic modelling in Doctor's Creek todetermine areas of potential water qualityconcern, including the potential accumulationof monosulfidic material;

· protocols and procedures for monitoring andevaluating the quality of water and sedimentin marine waters in and surrounding theproposal during operations;

· environmental quality indicators andassociated trigger levels based on theguidelines and recommended approaches inthe Australian and New Zealand Guideline forFresh and Marine Water Quality (ANZECCand ARMCANZ, 2000) and the State WaterQuality Management Strategy Document No.6 for assessing performance against thetrigger levels;

· the reporting procedures, including theformat, timing, and frequency for thereporting of monitoring data against therelevant trigger levels and environmentalquality objectives;

· development of management measures andcontingency actions to be implemented in theevent that any trigger levels are not met;

· management measures shall includeprocedures to minimise the risk ofmonosulfidic material accumulation andmeasures to treat monosulfidic sedimentsbefore dredging and disposal; and


Prepare an OperationsMarine EnvironmentalQuality Managementand Monitoring Plan asper Condition 10-5.Submit plan to theCEO throughelectronic submissionto the ComplianceBranch.

Operations MarineEnvironment-alQuality Managementand Monitoring PlanCorrespondence toOEPA

CEO Construction Prior tocommissioningof proposal

NR Operations MarineEnvironmentalQualityManagement andMonitoring Plan notyet commenced


The proponent shall implement the approvedOperations Marine Environmental QualityManagement and Monitoring Plan required bycondition 10-5 during the operation of theproposal.

Implement theOperations MarineEnvironment-al QualityManagement andMonitoring Plan.

Operations MarineEnvironment-alQuality Managementand Monitoring Plan

CEO Operations Atcommissioningof proposal

NR Operations MarineEnvironment-alQualityManagement andMonitoring Plan notyet commenced



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In the event that monitoring required by condition10-6, indicates that the trigger levels in condition10-5(4) are not being met or are unlikely to bemet, the proponent shall report the finding to theCEO within seven working days, along with adescription of the management and contingencyactions to be taken to meet the required level ofenvironmental quality.


Notification report


CEO Operations Within 7 days ofidentifying thattheenvironmentalobjectives notbeing met.

NR


The proponent shall submit monitoring resultsrequired by condition 10-6 as part of its annualcompliance assessment report required bycondition 4-6.




941.M11.1 Groundwater Quality The proponent shall ensure that groundwaterquality in Derby is not adversely affected by theconstruction and operation of the proposal.

Ensure no impact togroundwater quality inDerby as a result ofthe proposal.

Groundwatermonitoring results



941.M11.2 Groundwater Quality To ensure the requirement of condition 11-1 ismet, the proponent shall, prior to undertakingconstruction activities for the proposal, submit forapproval of the CEO a Groundwater Monitoringand Management Plan.The Groundwater Monitoring and ManagementPlan shall include:· baseline groundwater quality including the

location of the pre- development freshwater Isaltwater interface;

· the identification of trigger levels forgroundwater levels and salinity;

· monitoring of water levels and salinity inaquifers to detect changes in the freshwater Isaltwater interface; and

· contingency actions in the event therequirements of condition 11-1 are not met orunlikely to be met.

Prepare aGroundwaterMonitoring andManagement Plan.Submit plan to theCEO throughelectronic submissionto the ComplianceBranch.

GroundwaterMonitoring andManagement Plan.





941.M11.3 Groundwater Quality The proponent shall implement the GroundwaterMonitoring and Management Plan required bycondition 11-2 until such time as the CEOdetermines that monitoring and constructionactions may cease.

Implement theGroundwaterMonitoring andManagement Plan.

GroundwaterMonitoring andManagement Plan

CEO Construction Duringconstructionuntil approval tocease


941.M11.4.1 Groundwater Quality In the event that monitoring required by condition11-3 indicates that the requirements of condition11-1 is not being met:· the proponent shall report such findings to

the CEO within 21 days of the potential non-achievement being detected.

Notify the CEO in theevent of a non-achievement beingdetected inaccordance with theCAP.






19


941.M11.4.2 Groundwater Quality In the event that monitoring required by condition11-3 indicates that the requirements of condition11-1 is not being met:· the proponent shall provide evidence which

allows the determination of the cause of thenon-achievement of condition 11-1.

Prepare an incidentreport identifying thecause of the potentialnon-achievement.Submit incident reportto the CEO throughelectronic submissionto the ComplianceBranch.




941.M11.4.3 Groundwater Quality In the event that monitoring required by condition11-3 indicates that the requirements of condition11-1 is not being met:· if determined by the CEO to be a result of the

activities undertaken in implementing theproposal the proponent shall submit actionsto be undertaken to remediate any significantchanges to groundwater quality and theprovision of alternative potable water supplywithin 21 days.

Prepare an ActionPlan to address thecause and impactspotential non-achievement andidentify an alternativepotable water supply.Submit action plan tothe CEO throughelectronic submissionto the ComplianceBranch.

Action Plan




941.M11.5 Groundwater Quality The proponent shall implement remedial actionsrequired by condition 11-4 as necessary to allowthe pre-existing groundwater quality to be restoredto the satisfaction of the CEO.

Implement remedialactions and monitorsuccess.Provide evidence toOEPA that pre-existinggroundwater qualityhas been restored.

Monitoring results




941.M11.6 Groundwater Quality The proponent shall submit monitoring resultsrequired by condition 11-3 as part of its annualcompliance assessment report required bycondition 4-6.




941.M12.1 Fauna Prior to the construction of the proposal theproponent shall submit for approval of the CEOoperational strategies and a plan for theinstallation of marine fauna exclusion devices toprevent the passage of marine fauna through theturbines.

Prepare operationalstrategies and plan asper the condition.Submit strategies andplan to the CEOthrough electronicsubmission to theCompliance Branch.






941.M12.2 Fauna The proponent shall implement the approvedoperational strategies and plan during theconstruction and operation of the proposal.

Implement operationalstrategies and plan.




941.M12.3 Fauna Within 3 months following the completion ofconstruction, the proponent shall provide the CEOwith a performance report on the approved Planrequired in condition 12-1 which containsevidence showing the installation of the marinefauna exclusion devices required by condition12-2.

Prepare aperformance report onthe approved plan.

Report on MarineFauna OperationalStrategies and Plan

CEO Operation Within 3 monthsof completion ofconstruction.




20


941.M12.4 Fauna Prior to the commencement of construction theproponent shall prepare a Fauna ManagementPlan to be approved by the CEO. The plan shallinclude:· the methodology of baseline and ongoing

vertebrate fauna surveys;· identification of significant and migratory

fauna populations and their distributions· measures to protect fauna from the effects of

vegetation clearing, noise, vibration, lightoverspill, infrastructure, including anytrenching associated with the burial ofpipelines and any other impacts

· identification of suitable means of ensuringthe appropriate protection of fauna in the newbasins

· monitoring and reporting the success of theagreed means of appropriate protectionemployed, including the recording andreporting death and injury of any faunaprotected under the Wildlife Conservation Act1950.

Prepare a FaunaManagement Plan tocondition criteria.Submit FaunaManagement Plan tothe CEO throughelectronic submissionto the complianceBranch.Significant SpeciesMitigation andMonitoring Planprepared, but not yetapproved byDepartment of theEnvironment.






941.M12.5 Fauna The proponent shall implement the approved Planrequired by condition 12-4.

Implement FaunaManagement Plan.




941.M12.6 Fauna The proponent shall submit monitoring resultsrequired by condition 12-5 as part of its annualcompliance assessment report required bycondition 4-6.


IndoPacificEnvironmental 2017,Derby Tidal Power:Monitoring of Pristis(Sawfish) andGlyphis (River Shark)species in DoctorsCreek, WesternAustralia.

CEO Operations First report due22 Oct 2014with subsequentreports due onan annual basis.Reportsrequired 6monthly duringConstruction.

NR IndoPacificEnvironmental2017, Derby TidalPower: Monitoringof Pristis (Sawfish)and Glyphis (RiverShark) species inDoctors Creek,Western Australia.Construction andmonitoring not yetcommenced

941.M13.1 Power TransmissionInfrastructure

Prior to the construction of the power transmissioninfrastructure element of the proposal, theproponent shall undertake detailed flora andvegetation surveys in the proposed transmissioninfrastructure corridor, in accordance withEnvironmental Protection Authority GuidanceStatement 51 Terrestrial Flora and VegetationSurveys for Environmental Impact Assessment inWestern Australia to identify the locations of anypopulations of rare or threatened communities orspecies, or species of restricted regionaldistribution.

Undertake flora andvegetation survey ofthe proposedtransmissioninfrastructure corridor.

Flora and VegetationReport






21


941.M13.2 Power TransmissionInfra-structure

The proponent shall record and provide the MGAcoordinates and population details for eachoccurrence of rare or threatened communities orspecies, or species of restricted regionaldistribution to the CEO and the Chief ExecutiveOfficer of the DEC in the power transmissioninfrastructure corridor, within three months ofcompletion of the surveys required by condition13-1.

Provide electronicrecords as required bythe condition to theCEO of the OEPA andCEO of the DPaW.

Correspondence toOEPA and DPaW


Within 3 monthsof completingsurveys requiredby Condition13-1



Prior to the construction of the power transmissioninfrastructure, unless otherwise approved by theCEO, the proponent shall prepare a final PowerTransmission Infrastructure Plan which is to beapproved by the CEO.The final Plan shall include the details and routeof the power transmission alignment, width of theconstruction corridor, and any supportinginfrastructure and demonstrate to the satisfactionof the CEO, that the transmission infrastructurehas been located to avoid, where practicable, anypopulations of rare or threatened communities orspecies, or species of restricted regionaldistribution identified in condition 13-2.

Prepare a PowerTransmissionInfrastructure Plan tocriteria in thecondition.Submit plan to theCEO throughelectronic submissionto the complianceBranch.

Final PowerTransmissionInfrastructure Plan



Prior to theconstruction ofthe transmissionline



The Proponent shall provide the CEO with theapproved Power Transmission Infrastructure Planrequired in condition 13-3 and spatial datalocating the construction corridor and thetransmission infrastructure, in a GeographicalInformation System (GIS) compatible formatspecified by the CEO.







The Proponent shall construct the powertransmission infrastructure listed in Schedule 1consistent with the approved Power TransmissionInfrastructure Plan in condition 13-3.

Ensure design andconstruction plansalign with theapprovedInfrastructure Plan.Cross check ‘as-built’records againstapprovedInfrastructure Plan





941.M14.1 GeomorphologicalProcesses

Prior to construction of the proposal, theproponent shall prepare a Geo- heritageMonitoring Program for approval of the CEOwhich documents the following:· changes to the inundation patterns occurring

in East and West Doctors Creek· the long-term changes to the erosional

processes occurring in the creeks· identification of a site or a number of sites in

King Sound that may possess similar type-site which can be used to continuegeologic/ecologic research in tidal flats, semi-arid deltaic areas.

Prepare a Geo-heritage MonitoringProgram to conditioncriteria.Submit Geo-heritageMonitoring Program tothe CEO throughelectronic submissionto the complianceBranch.








22


941.M14.2 GeomorphologicalProcesses

The proponent shall implement the Geo-heritageMonitoring Program required by condition 14-1.

Implement Geo-heritage MonitoringProgram.






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4.0 Environmental Management Plans/Programs

4.1 Completed Environmental Management Plans/ProgramsCompleted management plans relevant to EPA conditions include:

· Cardno 2011, Proposed Derby Tidal Power Station Hydrodynamic and Sediment TransportModelling Report (Condition 8.1, 8.2) (updated 2014)

· Sinclair Knight Merz 2011, Derby Tidal Power, Assessment of Mangrove changes in DoctorsCreek between 1997 and 2010 and zone of impact plan (Condition 9.1)

· IndoPacific Environmental 2017, Derby Tidal Power: Monitoring of Pristis (Sawfish) and Glyphis(River Shark) species in Doctors Creek, Western Australia (Condition 12.6)

A management program has been prepared as part of the draft Environmental Impact Statement toaddress impacts on Matters of National Environmental Significance (MNES). The set of sub-management plans within the program includes:

· Sedimentation and erosion management

· Water quality

· Vegetation management

· Fauna management

· Noise and vibration management

· Emission management

· Waste and hazardous materials.

4.2 Environmental Management Plans/Programs to be completedThe Project is still being assessed under the EPBC Act and as such has not yet commenced.Management plans and strategies still to be completed include:

· Infrastructure Plan and Power Station Operating Strategy (Condition 6.1)

· State of the Mangrove Habitat Surveys (Condition 7.1)

· Endorsement of the Mangrove Habitats Zone of Impact plan by the CEO of the OEPA (Condition8.3, 9.3)

· Mangrove monitoring plan to include sections (Condition 9-5)

· Mangrove Research and Establishment Program (Condition 9.10)

· Construction Marine Environmental Quality Management and Monitoring Plan (Condition 10.1)

· Groundwater Monitoring and Management Plan (Condition 11.2)

· Marine Fauna Operational Strategies and Plan (Condition 12.1)

· Flora and Vegetation Report for transmission line area (Condition 13.1)

· Power Transmission Infrastructure Plan (Condition 13.3)

· Geo-heritage Monitoring Program (Condition 14.1).



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5.0 Environmental MonitoringEnvironmental Monitoring has not yet commenced. The project is currently waiting for the completionof environmental approvals and will not commence monitoring until it is certain that the project isenvironmentally acceptable.



25

6.0 EndorsementThis Compliance Assessment Report has been endorsed by the Managing Director of Tidal EnergyAustralia.

compliance assessment report 2016

Documents