request to vary proposal to take an action - grosvenor ... · tel +61 (0)7 3834 1333 fax +61 (0)7...

Anglo American Metallurgical Coal Pty Ltd 201 Charlotte Street Brisbane 4000 Australia GPO Box 1410 Brisbane 4001 Australia Tel +61 (0)7 3834 1333 Fax +61 (0)7 3834 1390 www.anglocoal.com.au ABN 93 076 059 679

A member of the Anglo American plc group

16 February 2010 The Hon Peter Garrett AM MP Minister for the Environment, Water, Heritage and the Arts Department of the Environment, Water, Heritage and the Arts GPO Box 787 Canberra ACT 2601

Brisbane Corporate Office

Byron Higgins Project Manager Anglo Coal (Grosvenor) Pty Ltd

Direct Fax +61 (0)7 3834 1260 Direct Line +61 (0)7 3834 1897 Mobile 0407 732 895 e-mail [email protected]

Dear Sir

Request to vary proposal to take an action - Grosvenor Coal Mine Project, Moranbah, QLD, EPBC Ref 2007/3785

Background The Department of the Environment, Water, Heritage and the Arts (DEWHA) confirmed to Anglo Coal (Grosvenor) Pty Ltd (ACG) that the Grosvenor Coal Mine Project was a controlled action on 14 November 2007. The referral described the project as comprising three elements:

1. Undertaking seismic exploration for coal; 2. Constructing and operating surface infrastructure for the underground mine;

and 3. Developing and operating a greenfield underground longwall coal mine.

Figure 1 shows the location of the project and Figure 2 shows the individual components of the project. Shortly after this ACG commenced the Queensland Environmental Impact Statement (EIS) process for the project under the Environmental Protection Act 1994, which is an accredited process under the Bilateral Agreement. The EIS process was placed on hold for approximately 18 months due to the global financial crisis. ACG has subsequently changed its internal review process and now proposes to undertake seismic testing for a small portion of the original seismic survey area (termed the Feasibility Study Seismic Survey area – Figure 3), prior to progressing the approvals process for the mine and remaining seismic survey area (Figure 4). The new internal review process is for the purpose of confirming engineering and economic feasibility upfront.



Request to vary proposal under Section 156A Under section 156a of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), ACG requests a variation to the original proposal which was the subject of the referral and controlled action, described as the Grosvenor Coal Mine Project, Moranbah, Qld EPBC Ref:2007/3785. The variation to the referral is to:

1. Amend the seismic exploration area to exclude the Feasibility Study Seismic Survey area. This area is shown in Figure 3 and further detail on the proposed activities in Feasibility Study Seismic Survey area is provided in Attachment 1. The amended seismic exploration area that would continue to form part of the Grosvenor Coal Mine Project (EPBC Ref 2007/3785) is shown in Figure 4.

2. Update contact details as Dr Monika Rhodes (who prepared the original referral) and Mr Michael Kelly (who was responsible for the action) both have now left their respective organisations. A new contact details page containing both ACG’s Byron Higgins and Hansen Bailey’s Peter Hansen details has been provided as the new point of contact (Attachment 2).

The DEWHA has advised that this request for variation be made by letter and that this step should be approved prior to lodging a separate, formal referral in relation to the Feasibility Study Seismic Survey area. Information relevant to the criteria under Section 156B In considering a request to vary, Section 156b requires the Minister to consider whether or not the character of the varied proposal is substantially the same as the character of the original proposal, having regard to any change in the nature of the activities and any change in the nature and extent of impacts. The amended referral will still describe the project as comprising three elements:

1. Undertaking seismic exploration for coal; 2. Constructing and operating surface infrastructure for the underground mine;

and 3. Developing and operating a greenfield underground longwall coal mine.

The nature and extent of the impacts will therefore remain the same. In summary, the proposed variation relating to seismic surveying is only for the purpose of excluding part of the original area proposed for seismic exploration in the original EBPC proposal.



ACG understands that the Minister has a statutory period of 20 business days to decide this request for variation. However, it would be much appreciated if this request to vary could be reasonably expedited. If possible, ACG hopes to commence the seismic testing within the Feasibility Study Seismic Survey area in March 2010. Moving Forward Assuming that the proposed variation outlined above is granted, ACG will then submit a new EPBC referral solely for the Feasibility Study Seismic Survey area. Work undertaken to date indicates that this will be submitted as a non-controlled action under the EPBC Act, but further information will be provided in the referral documentation. ACG will remain in contact with the DEWHA regarding the Grosvenor Coal Mine Project proposal (Ref:2007/3785) throughout the EIS process. If you have any questions about this request to vary (or about other steps relating to the Grosvenor Coal Mine Project), could you please contact Byron Higgins on (07) 3834 1897 or 0407 732 895. We look forward to receiving your response to this application. Yours faithfully

ANGLO COAL (GROSVENOR) PTY LTD

Byron Higgins Project Manager Anglo Coal (Grosvenor) Pty Ltd Attached Figure 1 Location Plan Figure 2 Original Layout Plan Figure 3 Grosvenor Feasibility Study Seismic Survey Area

Figure 4 Amended Seismic Area for Grosvenor Coal Mine Project (EPBC Ref 2007/3785)

Attachment 1 Description of the Feasibility Study Seismic Survey Attachment 2 Contact Details Page



FIGURES



Attachments



Attachment 1 – Description of the Feasibility Study Seismic Survey The activities proposed to be removed from the Grosvenor Coal Mine Project EPBC Referral (Ref: 2007/3785) are seismic activities in an area termed the Feasibility Study Seismic Survey area. This area is shown on Figure 3. Assuming the successful amendment of the Grosvenor Coal Mine Project EPBC Referral to remove the Feasibility Study Seismic Survey, these activities will be the subject of a separate referral under the EPBC Act. A summary of the Feasibility Study Seismic Survey activities is provided below, although a more detailed description and impact assessment will be provided in the separate referral. Seismic exploration is carried out ahead of mining activities in order to investigate the geology of the coal resource and to enable the mine to be designed in a manner that maximises productivity and safety. The seismic survey will use ground penetrating seismic waves, generated by small dynamite charges placed in shallow drill holes, to reflect off underlying geological structures. These reflected seismic waves are then detected by a grid of receptors, called geophones, which, using a series of algorithms, allow the underlying geological structure to be mapped. Due to the sensitivity required to detect the reflected seismic waves, vegetation will need to be cleared to allow for effective and safe installation and operation. The three dimensional (3D) seismic survey will involve the establishment of a grid of seismic lines. This grid involves the laying of seismic sources, in this case small dynamite charges, in one direction (the source lines) and at an angle of 30º to the source lines, strings of geophones (the receiver lines). The geophones are connected via cables to the recording vehicle which initiates the charges. The survey grid is typically laid out in straight lines. Source lines will be 60 – 100 m apart and 4 m wide to allow access for a mobile drill rig. Explosives are placed in holes drilled to 18 m in depth and 30 m apart along the source lines. The receiver lines will be 45 m apart and 3 m wide to allow access for a 4 wheel drive vehicle. Geophones will be spaced along the receiving lines at intervals of 15 m. The seismic program will be undertaken in a manner that limits the nature of the disturbance. In particular, mature trees will be avoided as far as possible. Felled timber will be cleared from the line and left in situ to continue to provide habitat for fauna species. Although the project site includes the Isaac River, work in the river and riparian vegetation will be limited to low impact activities undertaken on foot with no clearing of vegetation necessary.



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