introduction - sa planning commission

Golder Associates Pty Ltd

118 Franklin Street, Adelaide, South Australia 5000, Australia Tel: +61 8 8213 2100 Fax: +61 8 8213 2101 www.golder.com

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Dear Chris,

Introduction

We refer to recent discussions with you in relation to deferral of the decision relating to the proposed land

division at the western end of George Francis Drive (the site). The copy of the letter you have provided,

addressed to the Chief Executive of the Alexandrina Council from the Director of Mining Regulation dated

26 September 2016 (Attachment 1), states that the Department of State Development (DSD) would oppose

the land division, citing incompatibility with existing extractive industry land uses to the north and west of the

site. As such we understand that Council has deferred its decision in order to obtain further information

including in relation to buffers with respect to the adjoining mining tenement and also the nearby wastewater

treatment plant owned by Alexandrina Council.

According to the online Property Location Browser, the site is located on land which includes the Fleurieu

Golf Course to the east and south along with a strip of existing residential properties extending south from

Arthur Road and then west as described by Certificate of Title (CT) 6201 Folio 29 as Allotment 1000,

Deposited Plan 116982, Mount Compass, Hundred of Nangkita. The registered proprietor of CT6201/29 is

Capitoline Property Pty Ltd (Attachment 2).

The following provides a commentary on issues to note with respect to relevant key legislation, guidelines

and other documents including the Alexandrina Council Development Plan and Identification of strategic

mineral resource areas in South Australia (DSD, 2015) in relation to matters raised by DSD. Based on our

review, we provide our opinion with respect to your query on the ability for DSD to prohibit further residential

development and to reserve land for future resources. We also provide an opinion in relation to the suitability

of the land division in relation to the waste water treatment plant. Please note however that this does not

purport to be or represent legal advice.

Discussion

Surrounding Land and Existing Leases and Licenses

Mining and buffers

There are a number of mining activities in the area, with Extractive Mineral Lease (EML) 5521 to the north

and EML 6450 to the west (which also has a 21.9 ha Mineral Lease ML 6451), as well as EML 5199 further

to the south (Attachment 5) all issued to Mt Compass Sand & Loam issued under the South Australian

Mining Act 1971. The Sand & Loam EMLs 5521 and 6450 and ML 6451 are closest to the site and located

on CT6185/591 (Attachment 6).

6 March 2018 Project No. P1781347-002-L-Rev1

Chris Vounasis

Director - Future Urban

Level 1/89 King William Street

GPO Box 2403

Adelaide SA 5001

via email: [email protected]

COMMENTS RELATING TO LETTER FROM THE DEPARTMENT OF STATE DEVELOPMENT

RE: PROPOSED LAND DIVISION, GEORGE FRANCIS DRIVE, MOUNT COMPASS

Chris Vounasis P1781347-002-L-Rev1

Director - Future Urban 6 March 2018

Section 9 of the Mining Act 1971 addresses ‘Exempt land’ which in essence states buffer distances for

certain types of land, e.g. 400 m for residential land. Mining activities are not permitted to within the exempt

distances unless a waiver is granted. The Minerals Regulatory Guidelines MG4: Landowner rights and

access arrangements in relation to mineral exploration and mining in South Australia, V2.2 (DSD, 2014)1,

these offset distances apply from “the closest point of the proposed mining operations, rather than the

boundary of the licence or lease”. The Environment Protection Authority guideline ‘Evaluation distances for

effective air quality and noise management’ (EPA, 2016) does not specify minimum evaluation or separation

distances for extractive industries stating that ‘individual assessment’ is applicable to these activities taking

account of the various activities that occur on the polluting site and their potential for adverse impacts on

sensitive receptors.

The closest existing residential properties along George Francis Drive are estimated to be less than

30 m east of the EML 5521 boundary and around 60 m east of the existing active area of operations on

EML 5521 (based on visually disturbed land).

The existing residential properties along the southern part of George Francis Drive are estimated to be

around 200 m away from the boundary of EML 5521 and around 300 m east of EML 6450/ML 6451

boundary.

The new development would place the closest residential allotments (marked ‘2003’ on the Proposed

Plan of Division) with respect to these activities (based on the current visually disturbed land within the

EML 5521) around 280 m away, and around 100 m from the EML 5521 southern boundary close to

which Stage 2 mining activities will occur. Figure 13 Quarry Development Plan – Stage 2 in the PEPR

and Figure 9 of the MLP indicate that Stage 2 of the quarry operations would occur in the south eastern

portion of EML 5521 (Attachment 6).

According to the MLP, the Mt Compass Sand & Loam sand mine subject to EML 5521 has been

continuously mined for sand for over 25 years with tenement EML 5199 granted in 1984, EML 5521 in 1988

and EML 6450 in 2015. Although some mining activities and approvals may have preceded the housing

immediately east of the mine site in the northern section of George Francis Drive, the PEPR does not

describe a waiver for existing residential properties along the southern portion of George Francis Road that

appeared in historical aerial photography around 2007 and which would have been present within the

applicable ‘Exempt land’ distance at the time of approval for EML 6450 in 2015. The Exempt land distances

also apply to existing residences at the time of approval, rather than in the future.

You have also advised that the Council Assessment Panel was concerned that future mining could be

undertaken further south of current activities, presumably meaning outside of any existing tenements. This

would be within the Exempt land buffer distance and hence we assume would require a waiver to be agreed

for any new mining development in that area. We are not aware of any existing Mineral Claims in that area.

As such it appears that the concerns of the DSD and the Council Assessment Panel relating to incompatible

land uses are in relation to the potential impacts that may occur with future mining activity in this Southern

portion of the EML and that activities will continue into the foreseeable future for another perhaps 20-30

years (noting the PEPR states an estimated reserve life of 37 years and the term of the ML 6451 dated 2015

is 21 years). Although it is not referred to in the DSD letter, the DSD may also be providing such objections

in the context of the mining activities being defined as a ‘Strategic Mineral Resource Area’.

Strategic Mineral Resource Areas

The Mount Compass sand mine tenements EML 5521 and 5199 are noted as ‘Strategic extractive quarries

in the Greater Adelaide region’ in Table 1 of the July 2015 DSD document entitled ‘Identification of strategic

mineral resource areas in South Australia’2. This is part of the DSD and Department of Planning, Transport

and Infrastructure’s Resource Area Management and Planning (RAMP) project aiming to maintain access to

long-life valuable extractive resources and minimise potential conflicts between incompatible land uses.

1 Available, http://minerals.statedevelopment.sa.gov.au/__data/assets/pdf_file/0004/234247/MRGMG4.pdf

2 Available via, http://minerals.statedevelopment.sa.gov.au/land_access/planning_and_development; https://sarigbasis.pir.sa.gov.au/WebtopEw/ws/samref/sarig1/image/DDD/RB201500017.pdf



A Strategic Mineral Resource Area is defined in that document as ‘an area within the Greater Adelaide

region or near a major regional centre … that is of key economic value to South Australia due to the quantity

or quality of construction materials or mineral resources that are extracted or contained within that area …

currently experiencing urban encroachment or incompatible development interface issues, or is likely to be

experiencing such issues in the near future’. This document refers to the mining and resources policy of the

30-Year Plan for Greater Adelaide and states that it is ‘the Government’s intent to ‘maintain access to known

mineral deposits and minimise potential land-use conflicts between incompatible uses, particularly

residential’ and to ‘preserve appropriate separation distances between mining and residential areas and

other incompatible developments’. It further states that ‘Once identified, the Government of South Australia

will work with local governments and industry members, on an individual basis, to ensure the impacts of

quarrying and mining are minimised and the long-term future of the resource is enhanced and protected’.

The document acknowledges that buffers would ‘ideally be included within the boundaries of the approved

quarries and mines, and appropriate controls are implemented to manage air and noise emissions from the

site’.

The Mount Compass sand mine sites and existing EML 5521 as noted in this letter does not include any

such internal buffer nor an external buffer from the EML boundary to existing residential development to the

east (<50 m), nor to the south, close to which Stage 2 activities are proposed (estimated ~200 m). Although

not a ‘Statutory’ compliance document it is assumed that it may be through this mechanism of identification

of Strategic Mineral Resource Area that the DSD may object to try and limit encroachment of urban

development close to existing mining activities. Notwithstanding, the proposed land division is located at a

greater distance from the EML than existing residential development.

Regulatory requirements

The DSD letter raises issues in relation to the potential for operation of the leases under approved programs

(PEPRs) and the potential for the proposed land division to be impacted due to the mining operations

(primarily by dust, noise and visual amenity). Such activities inherently produce emissions and consideration

to this may be valid when making decisions regarding development close to these activities. However Golder

notes that the approvals that exist for these activities place obligations on the operators to implement

measures to prevent unacceptable offsite impacts (noting the challenges this presents in cases where the

buffer land is located beyond the tenement boundary). Such obligations are stated within both the

Environmental Outcomes and Associated Criteria and Strategies required under the Mining Regulations

2011 and the licence under the Environment Protection Act 1993.

Golder understands that the proposal involves additional landscaping along the western boundary and

fencing along the northern boundaries (2 m high) of the northern most allotments to assist in mitigating dust

impacts. In our opinion, these measures are considered appropriate and could be further improved with

supplementary landscaping along the northern boundary.

Wastewater treatment

The Alexandrina Council also conducts community wastewater treatment system activities subject to EPA

licence 50110 on CT6128/338, with the lagoon located immediately west of EML 5521 (Attachment 8). The

lagoon appears to be the subject of a waiver for Exempt according to the PEPR, but does not refer to

residences (Attachment 9). The 2011 census states a population for Mount Compass as 1042. The

applicable recommended evaluation distances for mechanical wastewater treatment plants servicing 1,000-

5,000 people is 200 m and for non-mechanical treatment lagoons is 350 m. The wastewater treatment

activities are estimated to be around 280 m as measured to the boundary and around 350 m northwest as

measured to the lagoon from the western extent of the proposed land division allotment marked ‘38’ on the

Proposed Plan of Division. The proposed land division appears to be outside the recommended buffer

distances.



Conclusion

The following key points are noted in relation to the above information:

The closest mining activity to the proposed land division is on EML 5521.

▪ There is existing residential land close to the eastern boundary of the Sand & Loam mine site

activities on EML 5521 (within 50 m) and to the south (around 200 m away).

▪ The western extent of the proposed land division would be around 300 m from the EML 6450

boundary. The future Stage 2 activities will be around 100 m from the EML 5521 southern

boundary.

▪ These are within the Exempt land distances for residential land (400 m) as provided for by Section 9

of the Mining Act 1971. The Exempt land distances apply to active areas, not the EML boundary.

No waiver is known to exist for this existing residential land; however it is likely that given the EML 5521

was approved in 1988, this preceded residential development and some form of existing use right may

therefore have applied. The EML 6450 and ML 6451 however were only approved in 2015/2016.

With respect to future mining south of existing mineral leases, there does not appear to be any existing

mineral claim or appropriate zoning apparent. The DSD is not a land developer and there are no known

mineral claims applicable to that land south of EML 5521.

Although the DSD provided comments on the proposed development, the legal status of opposition to

the land division is not clear. The DSD has however designated the Mount Compass EML 5521 as a

Strategic Mineral Resource Area as part of the joint DSD/DPTI RAMP project and wish to work with

local government to protect the asset from encroachment by incompatible land uses and support

affordable construction materials. The document, as per its title, is strategic in nature and does not

appear to have reference to legal head powers.

The DSD raises concerns in relation to the potential impacts on future development, stating the

proposed use is incompatible given the potential for adverse offsite impacts. As DSD notes in its letter,

operators are required to take all reasonable and practicable measures to manage potential impacts.

There are legal obligations in this regard under the existing PEPR and EPA licence.

The proposed land division also assists in mitigating dust impacts through its separation distance (i.e.

greater than existing residential development), fencing and landscaping.

The proposed land division is located outside the recommended setbacks from the wastewater

treatment activities.

Accordingly, we have formed the opinion that the proposed land division responds positively to the relevant

reasons for deferral.



Closure

We trust this review assists in your consideration of issues raised by the DSD letter and some key relevant

planning and regulatory matters related to the prosed land division and surrounding mining activities. If you

have any questions, or require additional information, please contact the undersigned on (08) 8213 2100.

Important Information

Your attention is drawn to the document – “Important Information”, which is included in Attachment 10 of this

report. The statements presented in this document are intended to advise you of what your realistic

expectations of this report should be. The document is not intended to reduce the level of responsibility

accepted by Golder Associates, but rather to ensure that all parties who may rely on this report are aware of

the responsibilities each assumes in so doing.

Yours sincerely

GOLDER ASSOCIATES PTY LTD

Amanda Lewis Lissa van Camp Senior Environmental Scientist Principal Consultant - Environment Team Leader AL/LVC/gp

Attachments: Attachment 1 – DSD letter

Attachment 2 – Certificate of Title 6201/29 and Property Location Browser Report CT6201/29 – the land division site Attachment 3 – Alexandrina Council Development Plan – Zones Attachment 4 – Alexandrina Council Development Plan – Golf Course Concept Plan and Policy Area 20 Attachment 5 – Extractive Mineral Leases, Mineral Lease and Mining Claims Attachment 6 – Property Location Browser Report CT6185/591 – mine sites Attachment 7 – Figure 13 PEPR and Figure 9 MLP – Stage 2 Quarry Development Plan Attachment 8 – Property Location Browser Report CT6128/338 – wastewater treatment site Attachment 9 – Waiver for Exempt land for ML6451 Attachment 10 – Important Information

c:\users\gpilkington\appdata\local\microsoft\windows\temporary internet files\content.outlook\fwvq973z\p1781347-002-l-rev1.docx



Attachment 1



Attachment 2

Certificate of TitleTitle Reference CT 6201/29

Status CURRENT

Easement YES

Owner Number 71029767

Address for Notices POST OFFICE BOX 752, KENT TOWN DC, SA 5071

Area 71.87HA (CALCULATED)

Estate TypeFee Simple

Registered ProprietorCAPITOLINE PROPERTY PTY. LTD. (ACN: 125 228 266)

OF PO BOX 752 KENT TOWN DC SA 5071

Description of LandALLOTMENT 1000 DEPOSITED PLAN 116982IN THE AREA NAMED MOUNT COMPASSHUNDRED OF NANGKITA

Last Sale DetailsThere are no sales details recorded for this property

ConstraintsEncumbrances

Dealing Type Dealing Number Beneficiary

MORTGAGE 12652775 POLICE CREDIT UNION LTD. (ACN:087 651 205)

Stoppers

NIL

Valuation Numbers

Valuation Number Status Property Location Address

455184323* PROPOSED CURRENT Lot 51 GEORGE FRANCIS DRIVE,MOUNT COMPASS, SA 5210

NotationsDealings Affecting Title

NIL

Notations on Plan

Product Title Details

Date/Time 18/01/2018 01:57PM

Customer Reference P1781347

Order ID 20180118006907

Cost $10.00

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https://www.sailis.sa.gov.au/products/order/propertySearch/CT%7C6201%7C29

https://www.sailis.sa.gov.au/products/order/planImageSearch/D116982

https://www.sailis.sa.gov.au/products/order/dealingImageSearch/12652775

https://www.sailis.sa.gov.au/products/titleSearch/propertySearch?currentSearchDtoName=valuationSearchDto&valuationSearchDto.pageSize=10&valuationSearchDto.valuationNo=455184323*&action=Search

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http://www.sailis.sa.gov.au/home/showDisclaimer

NIL

Registrar-General's Notes

NIL

Administrative Interests

NIL

Product Title Details

Date/Time 18/01/2018 01:57PM

Customer Reference P1781347

Order ID 20180118006907

Cost $10.00

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Property Location Browser Report Parcel Details The Property Location Browser is available on the Land Services Website: www.sa.gov.au/landservices

Date Created: January 18, 2018

The information provided above,

is not represented to be accurate,

current or complete at the time of

printing this report.

The Government of South Australia

accepts no liability for the use of this

data, or any reliance placed on it.

This report and its contents are

(c) copyright Government of South Australia.

Land Services

Scale ≈ 1:9983 (on A4 page)

500 metres ≈

Address Details

Unit Number:

Street Number:

Street Name: GEORGE FRANCIS

Street Type: DR

Suburb: MOUNT COMPASS

Postcode: 5210

Property Details:

Council: ALEXANDRINA COUNCIL

State Electorate: FINNISS

Federal Electorate: Mayo

Hundred: NANGKITA

Valuation Number: 455184323*

Title Reference: CT6201/29

Plan No. Parcel No.: D116982A1000

N ▲

http://www.sa.gov.au/landservices



Attachment 3

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OBJECTIVES

DESIRED CHARACTER

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PRINCIPLES OF DEVELOPMENT CONTROL

Land Use

Form and Character

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Land Division



Attachment 5

SARIG Map - Mineral leases

January 18, 2018

0 0.5 10.25 mi

0 0.8 1.60.4 km

1:30,000

Publ is hed by, and with the authori ty of, the Governm ent of S outh A us tra lia. Basem ap Attribution,Location SA , Governm ent o f S outh A us tra lia and E SRI

Discla im er : A lthough every effort has been m ade to ens ur e the accuracy of the in form ationdisp layed, the Department, i ts agents, offic er s and employ ees m ak e no repr es entations , e itherex pres s or im plied, that the inform ation d is p layed is acc ur ate or fit for any purpose andex pres sly disc la im s a ll liabi li ty for loss or dam age aris ing from re l iance upon the in formationdisp layed. h ttp ://m inera ls.s ta tedev elopm ent.sa.gov.au/d is claimer



Attachment 6












Land Services


1000 metres ≈

Address Details

Unit Number:

Street Number: 95

Street Name: SAND MINE

Street Type: RD


Postcode: 5210

Property Details:




Hundred: NANGKITA

Valuation Number: 4551799849



N ▲




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Attachment 8












Land Services


250 metres ≈

Address Details

Unit Number:

Street Number:

Street Name: SAND MINE

Street Type: RD


Postcode: 5210

Property Details:




Hundred: NANGKITA

Valuation Number: 4553092951



N ▲




Attachment 9

Resources Environment Planning Laboratories www.groundwork.com.au

PROGRAM FOR ENVIRONMENTPROTECTION AND REHABILITATION (PEPR)INCLUDING EXTRACTIVE MINERAL LEASES (EML) 5199, 6450, 5521 ANDMINERAL LEASE (ML) 6451

Prepared for:Mt Compass Sand & Loam

Date:September 2016

Reference:1841.400.001v2

1841.400.001

Attachment 3Waiver of Exemption



Attachment 10

GAP Form No. LEG 04 RL 2

introduction - sa planning commission

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