Glencore Xstrata Plc 20-Sep-2013
Independent Environmental Audit
West Wallsend Colliery
AECOM Independent Environmental Audit
Independent Environmental Audit West Wallsend Colliery
Client: Glencore Xstrata Plc
ABN: 18082271930
Prepared by
AECOM Australia Pty Ltd 17 Warabrook Boulevard, Warabrook NSW 2304, PO Box 73, Hunter Region MC NSW 2310, Australia T +61 2 4911 4900 F +61 2 4911 4999 www.aecom.com ABN 20 093 846 925
20-Sep-2013
Job No.: 60302473
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© 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 other party should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to any third party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements and AECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professional principles. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of which may not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.
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Quality Information
Document Independent Environmental Audit
Ref 60302473
Date 20-Sep-2013
Prepared by Jessica Miller
Reviewed by Sharmin Lubonski/Michael England
Revision History
Authorised Revision Revision Details Date Name/Position Signature
A 22-Jul-2013 Draft for client review Sharmin Lubonski Associate Director - Environment B 20-Sep-2013 Final Ian Richardson Associate Director - Environment
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Table of Contents Executive Summary i 1.0 Introduction 1 1.1 Background 1 1.2 Site Description 1 1.3 Scope of Work 2 1.4 Audit Approach 2 1.4.1 Limitations of the Audit 3 1.5 Report Structure 3 2.0 Documents Reviewed 5 3.0 Environmental Compliance 9 3.1 Project Approval 09-0203 (as modified) 10 3.2 Statement of Commitments 13 3.3 Environmental Protection Licences 1360 and 4033 13 3.4 Mining Tenements 14 3.5 Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 15 3.6 West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) 16 3.7 Extraction and Subsidence Management 16 3.7.1 Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) 17 3.7.2 Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 17 3.8 Environmental Management Plans 17 3.8.1 Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) 17 3.8.2 Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 17 3.8.3 Noise Management Plan West Wallsend Colliery (Xstrata Coal) 17 3.8.4 Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 17 3.8.5 Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 18 3.8.6 Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 20 3.8.7 Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 20 4.0 Assessment of Environmental Performance 23 4.1 General Environmental Management 23 4.2 Subsidence Management 24 4.2.1 Greater than Predicted Subsidence Impacts 25 4.2.2 Grout Remediation Incident 25 5.0 Review the adequacy of Environmental Management Plans 27 5.1 Extraction and Subsidence Management Plans 27 5.2 Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) 28 5.3 Draft West Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012-July 2018 (Umwelt, January 2013) 28 5.4 Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) 29 5.5 Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 29 5.6 Noise Management Plan West Wallsend Colliery (Xstrata Coal) 30 5.7 Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 32 5.8 Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 33 5.9 Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 34
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5.10 Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 35 6.0 Recommendations 37 Appendix A Audit Team Curricula Vitae A Appendix B Consultation B Appendix C Audit Meeting Agenda C Appendix D Audit Protocol: Project Approval 09-0203 (as modified) D Appendix E Audit Protocol: Statement of Commitments E Appendix F Audit Protocol: Environmental Protection Licences 1360 and 4033 F Appendix G Audit Protocol: Mining Tenements G Appendix H Audit Protocol: Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) H Appendix I Audit Protocol: West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) I Appendix J Audit Protocol: Extraction and Subsidence Management J Appendix K Audit Protocol: Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) K Appendix L Audit Protocol: Draft Rehabilitation and Environmental Management Plan West Wallsend Colliery (Xstrata Coal, January 2013) L Appendix M Audit Protocol: Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) M Appendix N Audit Protocol: Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) N Appendix O Audit Protocol: Noise Management Plan West Wallsend Colliery (Xstrata Coal) O Appendix P Audit Protocol: Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) P Appendix Q Audit Protocol: Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) Q Appendix R Audit Protocol: Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) R Appendix S Audit Protocol: Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) S
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List of Tables Table 1 Auditing Conditions and where each is addressed in this Report 2 Table 2 WWC Documents used to Assess Compliance and where each is addressed in this Report 5 Table 3 Summary of WWC's Current Approvals, Licences and Permits 6 Table 4 Summary of Non-compliances Found and Recommendations Made against Project Approval 09-0203 (as modified), Statement of Commitments, EPLs 1376 and 4033 and mining tenements 9 Table 5 Summary of Non-compliances Found and Recommendations Made against Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 9 Table 6 Summary of Non-compliances Found and Recommendations made against Environmental Management Plans 10 Table 7 Non-compliance against Project Approval-09-0203 (as modified) 10 Table 8 Non-compliances against Statement of Commitments 13 Table 9 Non-compliances against EPL 1360 13 Table 10 Non-compliances against CCL 718, CCL 725 and ML 1451 14 Table 11 Non-compliances against Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 15 Table 12 Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) 16 Table 13 Non-compliance against the Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 17 Table 14 Non-compliances against the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 18 Table 15 Non-compliances against the Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 20 Table 16 Non-compliances against the Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 20 Table 17 Consolidated Audit Recommendations 37
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Executive Summary AECOM Australia Pty Limited has been commissioned by Glencore Xstrata Plc to conduct the Independent Environmental Audit for West Wallsend Colliery in accordance with the Project Approval 09-0203 2012 (as modified). Due to the complex corporate and operational structure of the site, which has recently changed significantly, this report refers to West Wallsend Colliery as being operated by Xstrata Coal Australia. This audit was undertaken generally in accordance with AS/NZS ISO 19011:2003 – Guidelines for quality and/or environmental management systems auditing. This audit covers the period between 25 January 2012 and 30 June 2013, and includes: - Comments on Xstrata Coal Australia’s compliance against the conditions of Project Approval 09-0203 (as modified), its Environmental Protection Licences 1360 and 4033, and other key licences, approvals and supporting documents such as environmental management plans and subsidence management plans (Section 3.0); - An assessment of Xstrata Coal Australia’s environmental management and performance (Section 4.0) and the adequacy of relevant environmental management plans at West Wallsend Colliery (Section 5.0); and - A list of recommendations flowing from the findings of this audit (Section 6.0). This audit was conducted by Peter Horn, Jessica Miller and Henk Buys and consisted of a detailed desktop review of documentation, interviews with key Xstrata Coal Australia staff and a site visit of West Wallsend Colliery. Additional desktop reviews were conducted prior to and following the site inspection. A peer review of the Independent Environmental Audit was conducted by Sharmin Lubonski. Xstrata Coal Australia have in place an environmental management system at the West Wallsend Colliery that has been developed according to the XCN Sustainable Development Management Framework, relevant Xstrata Sustainable Development guidelines, and which seeks to generally be in accordance with AS/NZ ISO 14001:2004: Environmental management systems – Requirements with guidance for use. The commitments in the Project Approval 09-0203, the Statement of Commitments, EPLs 1360 and 4033 and the mining tenements CCL 718, CCL 725 and ML 1451, were audited, with a total of 15 non-compliances. Two non- compliances were found against conditions and commitments in WWC’s Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010). Fourteen non-compliances were found against the supporting management plans. Where compliance could not be found against Xstrata Coal Australia’s consents and management plans, this has been acknowledged as not compliant for the purposes of this audit. A consolidated list of recommendations from the Project Approval 09-0203 (as modified) and environmental management plans can be found in Section 6.0. Individual non-compliances are outlined in more detail in Section 3.0. At the time of the audit, Xstrata Coal Australia staff were made aware of the majority of these identified non- compliances against conditions of Project Approval 09-0203 (as modified). Various good practices were noted during the Independent Environmental Audit. Xstrata Coal Australia dedicates a high level of resources to the management of environmental issues at West Wallsend Colliery. Some particularly noteworthy examples of environmental management at West Wallsend Colliery were found to include: - Environmental training; - Waste management; - Biodiversity management; - Overall cleanliness and management of the pit-top area; - Use of innovative technologies and solutions to manage environmental performance; - A strong review culture with site checks undertaken regularly; - Assisting Registered Aboriginal Parties with cultural heritage management issues outside the scope of Xstrata Coal Australia’s responsibility and control;
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- The use of Xstrata Coal Australia’s Compliance Management Operating database by Xstrata Coal Australia staff to monitor the site’s environmental compliance; - Overall document control and filing arrangements meant that staff could access the required records efficiently and in a timely manner; and - The use of Arch GIS mapping software to create an interdisciplinary, whole-of-site environmental constraints database. Overall, the commitment of time and resources by Xstrata Coal Australia to manage environmental issues at West Wallsend Colliery was found to be of a high professional level. West Wallsend Colliery was well prepared for the audit, and full cooperation was given to the audit team during the audit.
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1.0 Introduction
1.1 Background AECOM Australia Pty Ltd (AECOM) was commissioned by Glencore Xstrata Plc (Glencore) to undertake an Independent Environmental Audit (IEA) for West Wallsend Colliery (WWC) in accordance with Condition 9, Schedule 6 of the Project Approval 09-0203 2012 (as modified). The audit was undertaken consistent with the relevant planning approval conditions for WWC and focused on verification of the site’s compliance against key licences, approvals and supporting documents such as management plans. This audit covers the period 25 January 2012 to 30 June 2013.
1.2 Site Description WWC is an underground coal mine that has been in operation since 1969, within the Newcastle Coalfield of NSW and the Local Government Area of Lake Macquarie. The WWC pit-top is around 1 km east of the urban residential suburbs of Killingworth and around 1.25 km south-west of Barnsley. Mining operations at WWC continue to be undertaken beneath the Sugarloaf State Conservation Area (SSCA). Different coal resources mined at WWC have been utilised for various purposes: export coking, export thermal and domestic thermal. Operations at WWC are managed by Oceanic Coal Australia Pty Ltd (OCAL) on behalf of Macquarie Coal Joint Venture (MCJV), of which OCAL is the major joint venture partner. OCAL is wholly owned by Xstrata Coal Australia Pty Limited. On 2 May 2013, the two multinational corporations Xstrata and Glencore were merged. The new group, Glencore Xstrata Plc is now the 4th largest global mining entity. Xstrata’s Australian management structures in both NSW and Queensland have now been amalgamated into one division known as Coal Assets Australia. For ease of reference, this IEA report will therefore refer to WWC as being operated by Xstrata Coal Australia. Mining of the West Borehole seam is undertaken at WWC, using longwall mining techniques and operating 24 hours a day seven days a week. Most of the coal extracted at WWC is transported via haul road to be washed and loaded into trains at the nearby Macquarie Coal Preparation Plant (MCPP). This MCCP is also managed by OCAL, but lies outside the scope of the site operations that have been subject to this IEA. Train-loaded coal from the MCPP is transported to Newcastle Port for export. A small percentage of coal mined at WWC is also transported to Eraring Power Station and Vales Point Power Station via private coal haul roads. OCAL holds two Environmental Protection Licences (EPLs) for WWC’s operations under the Protection of the Environment Operations Act 1997: EPLs 1360 and 4033. It should be noted, however, that these EPLs extend to areas of land that fall both within and outside of the WWC site as defined in the most recent Project Approval 09- 0203 2012 (as modified). As such, only monitoring Points 2 and 11 from EPL 1360 actually fall within the area subject to this IEA. Likewise, only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the scope of this IEA. These EPLs are administered by the NSW Environment Protection Authority (EPA). Xstrata Coal Australia confirmed this approach with the Department of Planning and Infrastructure (DP&I). Development consent was originally granted for the WWC pit-top facilities and the No. 2 ventilation fan in 1969 (DA B66-69). At this time, WWC operated with bord and pillar mining techniques. Longwall mining commenced in 1987, and has been undertaken in areas to the north and south of the pit-top. In July 2010 an Environmental Assessment was prepared to allow WWC to continue a portion of its existing mining operations under changed requirements to the NSW planning legislation. As part of that EA, WWC also obtained consent to consolidate previously existing approvals into one modern consent. This Project Approval 09-0203 2012 (as modified) was granted on 25 January 2012. The consent grants approval to extract up to 5.5 million tonnes per annum (Mtpa) of run of mine (ROM) coal until December 2021.
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1.3 Scope of Work This IEA and subsequent report has been prepared pursuant to Condition 9, Schedule 6 of Project Approval 09-0203 (as modified). Table 1 lists the requirements of this condition and indicates where each has been addressed in this IEA report.
Table 1 Auditing Conditions and where each is addressed in this Report Where addressed Condition Commitment in this report 9 By the end of June 2013 (or other such timing as agreed by the Director- This Audit Report General), and every 3 years thereafter, unless the Director-General directs otherwise, the Proponent shall commission and pay the full cost of an Independent Environmental Audit of the project. This audit must: 9(a) be conducted by a suitably qualified, experienced and independent team Appendix A of experts whose appointment has been endorsed by the Director- General;
9(b) include consultation with the relevant agencies; Appendix B
9(c) assess the environmental performance of the project and assess whether Section 3.0 it is complying with the requirements in this approval and any relevant EPL or Mining Lease (including any assessment, plan or program required under these approvals);
9(d) review the adequacy of strategies, plans or programs required under the Section 5.0 abovementioned approvals; and
9(e) recommend measures or actions to improve the environmental Section 6.0 performance of the project, and/or any strategy, plan or program required under these approvals. 10 Within 6 weeks of the completion of this audit, or as otherwise agreed by This Audit Report the Director-General, the Proponent shall submit a copy of the audit report to the Director-General, together with its response to any recommendations contained in the audit report.
This audit has been carried out in year one of the development, and covers the period between 25 January 2012 and 30 June 2013.
1.4 Audit Approach This IEA was undertaken generally in accordance with AS/NZS ISO 19011:2003 – Guidelines for quality and/or environmental management systems auditing by the following AECOM staff: - Peter Horn (Associate Director Environment) – Lead Auditor; - Jessica Miller (Graduate Environmental Planner) – Assistant Auditor; - Henk Buys (Technical Director Groundwater Engineering) – Subsidence Specialist; and - Sharmin Lubonski (Associate Director Environment) – Peer Review/Quality Control. This IEA consisted of a detailed desktop review of documentation, interviews with key Xstrata Coal Australia staff and a site visit of WWC from 26 to 28 June 2013. Attendees at interviews included: - Charlie Allan – Operations Manager; - Wade Covey – Environment and Community Manager; - Laura Barben – Environment and Community Officer; - Alan Blakeney – Subsidence Management Coordinator; - Cassandra Jenkins – Training Coordinator; and
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- Matthew Kete – Maintenance Supervisor. Agendas for the site meetings and itinerary for the site inspection components of the IEA (both inclusive of attendees) are shown in Appendix C. A subsidence-specific site inspection was undertaken as part of the IEA on 27 June 2013. A general site inspection was undertaken on 28 June 2013. These site inspections included discussions and questioning of key operational and administrative staff, and observations of processes, procedures and operations. Weather at the time of the audit was cool and intermittently raining. A short closing meeting was held with WWC staff on Friday 28 June 2013, to provide preliminary findings of the audit review. 1.4.1 Limitations of the Audit The AECOM audit team received complete cooperation from all staff during the IEA. However, the following issues arose during the IEA, which limited to some extent, its findings: - Inclement weather made it difficult for the auditors to assess the effectiveness of rehabilitation, noise and dust mitigation measures, and also limited access to some subsidence impacted areas; - The commitments made in the West Wallsend Colliery Continued Operations Project Response to Submissions (Umwelt, November 2010) were not audited. However it is considered that the substance of any additional commitments made within the West Wallsend Colliery Continued Operations Project Response to Submissions (Umwelt, November 2010) are likely to have been carried over into current WWC management plans. As such, it is probable that these commitments were nevertheless audited as part of this IEA; - Opinions presented in this report apply to the site’s conditions and features as they existed at the time of AECOM’s site visit on 26 to 28 June 2013 and those reasonably foreseeable. They necessarily cannot apply to conditions and features which AECOM is unaware of and has not had the opportunity to evaluate; - The conclusions presented in this report are professional opinions based solely on AECOM’s visual observations of the site and the immediate vicinity, and upon AECOM’s interpretations of the documentation reviewed, interviews and conversations with personnel knowledgeable about the site and other available information, as referenced in this report. These conclusions are intended exclusively for the purpose stated herein, at the site listed, and for the project indicated; and - This report does not, and does not purport to, give legal advice on the actual or potential environmental liabilities of any individual or organisation, or to draw conclusions as to whether any particular circumstances constitute a breach of relevant legislation.
1.5 Report Structure This report is structured as follows: Section 1.0 provides an introduction, background, description and layout of WWC, describes the requirements for the IEA and provides a guide to the structure of the report. Section 2.0 lists the planning approvals in place at WWC, provides a description of each and confirms those which have been the subject of this IEA. Section 3.0 provides a discussion of non-compliances against the project approvals and other licences and management plans. Section 4.0 provides a review of effectiveness of environmental performance under the mentioned approvals at WWC. Section 5.0 provides a review of the adequacy of the environmental management plans reviewed. Section 6.0 provides recommendations for measures or actions to improve the environmental performance of WWC.
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2.0 Documents Reviewed Lists the documents reviewed for this IEA are along with where each is addressed in the report:
Table 2 WWC Documents used to Assess Compliance and where each is addressed in this Report
Document Where addressed in this report Project Approval 09-0203 2012 (as modified). Section 3.1
Statement of Commitments Section 0
EPLs 1360 and 4033 Section 3.3
Mining tenements Consolidated Coal Lease (CCLs) 718 and 725 and Section 3.4 Mining Lease (ML) 1451 Environmental Assessment: West Wallsend Colliery Continued Section 3.5 Operations Project (Umwelt, 2010) Longwall 41 Extraction and Subsidence Management Plan West Section 3.7 Wallsend Colliery (Xstrata Coal, July 2012) Longwall 44 and 45 Extraction Plan and Subsidence Management Plan Section 3.7 West Wallsend Colliery (Xstrata Coal, March 2013) Built Features Management Plan West Wallsend Colliery (Xstrata Coal, Section 3.7 March 2013) Land Management Plan West Wallsend Colliery (Xstrata Coal, Section 3.7 March 2013)
Public Safety Management Plan West Wallsend Colliery (Xstrata Coal, Section 3.7 March 2013) Transgrid Transmission Tower Management Plan Longwall 44 and 45 Section 3.7 West Wallsend Colliery (Xstrata Coal, April 2013) Subsidence Contingency Plan West Wallsend Colliery (Xstrata Coal, Section 3.7 March 2013) Subsidence Monitoring Program West Wallsend Colliery (Xstrata Coal, Section 3.7 March 2013) Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Section 3.7.1 Coal, September 2003) Draft Rehabilitation and Environmental Management Plan (REMP) West Section 3.7.2 Wallsend Colliery (Xstrata Coal, January 2013) Environmental Management Framework West Wallsend Colliery (Xstrata Section 3.8.1 Coal, March 2013) Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, Section 3.8.2 March 2013) Noise Management Plan West Wallsend Colliery (Xstrata Coal) Section 3.8.3
Water Management Plan West Wallsend Colliery (Xstrata Coal, Section 3.8.4 March 2013) Aboriginal Cultural Heritage Management Plan West Wallsend Colliery Section 3.8.5 (Xstrata Coal, June 2012) Air Quality and Greenhouse Gas Management Plan West Wallsend Section 3.8.6 Colliery (Xstrata Coal) Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) Section 3.8.7
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Table 3 lists the approvals, licences and permits currently held for WWC and provides an indication of the status of each.
Table 3 Summary of WWC's Current Approvals, Licences and Permits
Approval Type Detail Authority Expiry Project Approval Project Approval-09-0203 DP&I March 2021 (as modified) Statement of Appendix 3 Project DP&I March 2021 Commitments Approval-09-0203 (as modified) EPL EPL 1360 EPA Anniversary date 31 December. Review date 9 December 2014 EPL 4033 Anniversary date 26 June. Review date 9 December 2014 Dangerous Goods 07-100166-001 WorkCover 26 May 2016 Notification Mining Tenements CCL 718 Department of Trade 13 November 2010* Investment and CCL 725 28 September 2010* Regional Infrastructure ML 1451 – Division of Resources 17 June 2020 and Energy Industries (DRE) Access licence for Consent 23 July 2012 National Parks and 22 July 2017 subsidence Wildlife Service management and monitoring works within SSCA State Conservation Approval from OEH dated OEH February 2015 Area Licences February 2010 Mining Operations West Wallsend Colliery DP&I/DRE Expires 31 December 2010. Plan Mining Operations Plan Operations at WWC continue to 2003-2009 (Umwelt, 2003) be undertaken according to the West Wallsend Colliery Mining Operations Plan 2003-2009 (Umwelt, 2003) which has been extended to cover the current operations until the draft West Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012- July 2018 (Umwelt, 2013) is finalised with government stakeholders. Water Licences Bore Licence: NSW Office of Water 11 August 2015 20BL169793 (NoW)
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Approval Type Detail Authority Expiry 20BL173511 Hunter Water Perpetuity
2007-970/1.001 Hunter Water NA
20BL173331 Perpetuity 20BL173332 Longwall (LW) SMP-LW 38-40 (variation) DRE 1 November 2014 or expiry of Subsidence CCL 725, CCL 718 or ML 1451 Management Plans SMP-LW 34-37 (variation) 1 May 2013 or expiry of CCL (SMPs) 725 or ML 1451 SMP-LW 38-42 1 November 2014 or expiry of CCL 725, CCL 718 or ML 1451 SMP-LW 39-40 1 November 2014 and/or expiry/cancellation of CCL 725 or CCL 718 or ML 1451, whichever occurs first SMP-LW 45-46 (variation) 1 November 2014 or expiry/cancellation of CCL 725 or CCL 718 or ML 1451, whichever occurs first SMP-LW 41 and 44 (first 31 July 2011 or workings) expiry/cancellation of CCL 718 or the granting of a secondary extraction SMP approval for LW41 & 44, whichever occurs first SMP-LW 42 (first workings) 1 May 2012 or expiry/cancellation of CCL 718 or 725 or the granting of a secondary extraction SMP approval for LW 41 and 42, whichever occurs first SMP-LW 41 (first workings 1 May 2012 or approval: maingate) expiry/cancellation of CCL 718 or 725 or the granting of a secondary extraction SMP approval for LW 41 and 42, whichever occurs first SMP-LW41 (second 31 July 2015, or the workings) expiry/cancellation of CCL 725 and CCL 718, whichever occurs first Subsidence Subsidence Monitoring DRE Limited to the first 150m of LW Monitoring Program (File No. 11/5132) 41 Extraction Plan LW41 Extraction Plan DRE Until completion of mining in LW41 Coal Mine Health and LW 38-40 DRE NA Safety Regulation LW 41, 44 and 45 NA
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Approval Type Detail Authority Expiry 2006 clause 88 Approvals National Parks and Section 87 Permit: AHIP OEH 3 months from date of project Wildlife Act 1974 2789 commencement section 87 and 90 Section 87 Permit: AHIP 6 April 2014 approvals 1098480 Section 90 Permit: Consent 23 November 2006 no. 2044 Section 90 Permit: AHIP 29 May 2015 1132237 Land Access Licence Agreement between NA 30 September 2015 Oceanic Coal Australia Pty Limited and private landowner Noise Compensation Noise Compensation NA 28 August 2015 Agreements Agreement held between Oceanic Coal Australia Pty Limited, and the landowner 59 Charlton St, Barnsley Noise Compensation 30 March 2016 Agreement held between Oceanic Coal Australia Pty Limited, and the landowner 20 Bendigo St, Barnsley Noise Compensation 2 September 2015 Agreement held between Oceanic Coal Australia Pty Limited, and the landowner 64 Second St, Boolaroo Noise Compensation 2 September 2015 Agreement held between Oceanic Coal Australia Pty Limited, and the landowner 1 Killingworth Rd, Killingworth *Note: Renewal applications for CCL 725 and CCL 718 were submitted to DRE on 13 November 2009 and are currently awaiting approval. Correspondence with DRE confirms that WWC is able to continue mining activities in the meantime.
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3.0 Environmental Compliance Condition 9, Schedule 5 of Project Approval 09-0203 requires the proponent to “commission and pay the full cost of an Independent Environmental Audit of the project.” Subclause 9(c) of this Condition specifies that the audit must: assess the environmental performance of the project and assess whether it is complying with the requirements in this approval and any relevant EPL or Mining Lease (including any assessment, plan or program required under these approvals). In the assessment of compliance, the status of each condition is described as: - Complies; - Not Compliant; or - Not Triggered (used where conditions have not yet been activated (due to activities not being commenced or requests not being made for example). The commitments in the Project Approval 09-0203, the Statement of Commitments, EPLs 1360 and 4033 and the mining tenements CCL 718, CCL 725 and ML 1451, were audited, with a total of 15 non-compliances. A summary of these non-compliances is outlined in Table 4.
Table 4 Summary of Non-compliances Found and Recommendations Made against Project Approval 09-0203 (as modified), Statement of Commitments, EPLs 1376 and 4033 and mining tenements Recommendations Document Reference Non-compliance Made Project Approval 09-0203 (as modified) Section 3.1 3- Table 7 3 - Table 17 Statement of Commitments Section 0 2 - Table 8 1 - Table 17 EPL 1360 Section 3.3 3 - Table 9 1 – Table 17 EPL 4033 Section 3.3 0 NA CCL 718 Section 3.4 3 - Table 10 NA CCL 725 Section 3.4 3 - Table 10 NA ML 1451 Section 3.4 1- Table 10 NA
A summary of the two non-compliances that were found against conditions and commitments in WWC’s Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) and West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011), is outlined in Table 5.
Table 5 Summary of Non-compliances Found and Recommendations Made against Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) Recommendations Document Reference Non-compliance Made Environmental Assessment: West Section 3.5 2 – Table 11 1 - Table 17 Wallsend Colliery Continued Operations Project (Umwelt, 2010) West Wallsend Colliery Continued Section 3.6 0 NA Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011)
After auditing the management plans, a total of 14 non-compliances were found. Table 6 outlines the conditions that were found non-compliant for the purpose of this audit against the management plans assessed. Where compliance could not be found against Xstrata Coal Australia’s management plans this has been acknowledged as not compliant for the purposes of this audit. A detailed outline of the compliance of the management plans is outlined in Appendix J to Appendix S.
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Table 6 Summary of Non-compliances Found and Recommendations made against Environmental Management Plans Recommendations Document Reference Non-compliance Made Extraction and Subsidence Management Section 3.7 1 NA Plans Mining Operations Plan 2003 - 2009 West Section 3.7.1 0 NA Wallsend Colliery (Xstrata Coal, September 2003) Draft Rehabilitation and Environmental Section 3.7.2 1 – Table 13 NA Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) Environmental Management Framework Section 3.8.1 0 NA West Wallsend Colliery (Xstrata Coal, March 2013) Biodiversity Management Plan West Section 3.8.2 0 NA Wallsend Colliery (Xstrata Coal, March 2013) Noise Management Plan West Wallsend Section 3.8.3 0 NA Colliery (Xstrata Coal) Water Management Plan West Wallsend Section 3.8.4 0 1 – Table 17 Colliery (Xstrata Coal, March 2013)
Aboriginal Cultural Heritage Management Section 3.8.5 7 – Table 14 2 – Table 17 Plan West Wallsend Colliery (Xstrata Coal, June 2012)
Air Quality and Greenhouse Gas Section 3.8.6 3 – Table 15 2 – Table 17 Management Plan West Wallsend Colliery (Xstrata Coal)
Surface Water Management Plan West Section 3.8.7 2 – Table 16 NA Wallsend Colliery (Xstrata Coal)
3.1 Project Approval 09-0203 (as modified) Table 7 shows the conditions that were found to be non-compliant with the Project Approval-09-0203 (as modified). A detailed assessment of compliance for each condition is outlined in Appendix D. Two recommendations were made by the auditors in relation to compliance with the Project Approval conditions (refer Table 17).
Table 7 Non-compliance against Project Approval-09-0203 (as modified)
Schedule Condition Commitment Audit Finding 4 1 Until 31 December 2012, the Proponent shall During the Q3 2012 noise ensure that the noise generated by the project monitoring, exceedances were does not exceed the criteria in Table 3 at any identified at R1, R4 and R5 on residence on privately-owned land or on more the night of 24 September than 25 per cent of any privately-owned land. 2012, and at R5 and R6 on the nights of 24 and 25 September. Additional monitoring was undertaken during October 2012. One exceedance at R4 was identified during evening and night noise monitoring on 30 October 2012. Monitoring
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Schedule Condition Commitment Audit Finding Notes: work undertaken in November - To interpret the locations referred to Table 3, see and December 2012 showed the plan and associated list in -Appendix 5. that WWC was compliant with - Noise generated by the project is to be adjacent criteria (West measured in accordance with the relevant Wallsend Colliery Noise requirements, and exemptions (including certain Compliance Report: Bradford meteorological conditions), of the NSW Industrial Breaker (Global Acoustics, Noise Policy. April 2013)).
It is noted that noise is not However, these noise criteria do not apply if the monitored at R7 as a private Proponent has an agreement with the relevant agreement has been entered landowner to generate higher noise levels, and the into with that landowner, and Proponent has advised the Department in writing R8 monitoring has not of the terms of this agreement. commenced as construction of the MSF did not commence during the audit period (Annual Review, 2012).
4 16 The Proponent shall ensure that all surface water On 29 January, in discharges from the site comply with the discharge contravention of Condition limits (both volume and quality) set for the project L3.1, an unmetered discharge in any EPL. of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2.
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Schedule Condition Commitment Audit Finding 6 3 The Proponent must assess and manage project- During the Q3 2012 noise related risks to ensure that there are no monitoring, exceedances were exceedances of the criteria and/or performance identified at R1, R4 and R5 on measures in Schedules 3 and 4. Any exceedance the night of 24 September of these criteria and/or performance measures 2012, and at R5 and R6 on the constitutes a breach of this approval and may be nights of 24 and 25 subject to penalty or offence provisions under the September. Additional EP&A Act or EP&A Regulation. monitoring was undertaken during October 2012. One exceedance at R4 was identified during evening and night noise monitoring on 30 October 2012. Monitoring work undertaken in November and December 2012 showed that WWC was compliant with these criteria (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)). On 29 January, in contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. A Graben incident was reported in December 2012 and a grouting related incident was reported in accordance with WWC's PIRMP on 4 June 2013. At the time of the audit, investigations in relation to the most reasonable and feasible options were underway and consultation with regulators (Site visits, emails, phone calls) occurring.
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3.2 Statement of Commitments Table 8 shows the conditions that were found to be non-compliant with WWC’s Statement of Commitments (Appendix 3 Project Approval 09-0203 (as modified)). A detailed assessment of compliance for each condition is outlined in Appendix E. One recommendation was made by the auditors in relation to compliance with the Statement of Commitments (refer Table 17).
Table 8 Non-compliances against Statement of Commitments
Reference Commitment Audit Finding 6.8.1 Noise emissions from the Project, During the Q3 2012 noise monitoring, exceedances when measured within 30 metres of a were identified at R1, R4 and R5 on the night of private residence, will not exceed the 24 September 2012, and at R5 and R6 on the nights of criteria outlined in the project approval, 24 and 25 September. Additional monitoring was unless a specific agreement is reached undertaken during October 2012. One exceedance at with the landholder in regard to noise R4 was identified during evening and night noise impacts at that residence. monitoring on 30 October 2012. Monitoring work undertaken in November and December 2012 showed that WWC was compliant with these criteria (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)). It is noted that noise is not monitored at R7 as a private agreement has been entered into with that landowner, and R8 monitoring has not commenced as construction of the MSF did not commence during the audit period (Annual Review, 2012). 6.15.1 WWC will continue to prepare and Last community newsletter was published in April 2011. distribute a community newsletter to WWC currently working on a draft of a new newsletter. surrounding residences every six However WWC did conduct a community survey within months. the area during October 2012 to gain community feedback on the operation.
3.3 Environmental Protection Licences 1360 and 4033 Table 9 shows the conditions that were found to be non-compliant with WWC’s EPL 1360. A detailed assessment of compliance for each condition is outlined in Appendix F. No recommendations were made by the auditors in relation to compliance with EPL 1360 (refer Table 17).
Table 9 Non-compliances against EPL 1360
Reference Commitment Audit Finding L1.1 Except as may be expressly provided in any On 29 January, In contravention of Condition other condition of this licence, the licensee must L3.1, an unmetered discharge of water was comply with section 120 of the Protection of the observed from the surface water management Environment Operations Act 1997. discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act. L2.2 Where a pH quality limit is specified in the table, On 28 March 2013 a monthly water sample was the specified percentage of samples must be collected from Point 2. The laboratory results within the specified ranges. received on 9 April 2013 indicated a pH value of 9.4 for Point 2.
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Reference Commitment Audit Finding L3.1 For each discharge point or utilisation area On 29 January, an unmetered discharge of specified below (by a point number), the water was observed from the surface water volume/mass of: management discharge dam known as Bottom a) liquids discharged to water; or; Dam, which is linked to EPL Point 2. On 1 b) solids or liquids applied to the area; March 2013 unmetered discharge was also must not exceed the volume/mass limit specified observed from the Bottom Dam and the North for that discharge point or area. East Dam.
All conditions in the EPL 4033 were found to be compliant or not triggered. A detailed assessment of compliance for each condition is outlined in Appendix F.
3.4 Mining Tenements Table 10 shows the conditions that were found to be non-compliant with WWC’s CCL 718, CCL 725 and ML 1451. A detailed assessment of compliance for each condition is outlined in Appendix G.
Table 10 Non-compliances against CCL 718, CCL 725 and ML 1451
Reference Commitment Audit Finding CCL The registered holder shall provide and maintain to the On 29 January, In contravention of Condition 718(27) satisfaction of the Minister efficient means to prevent L3.1, an unmetered discharge of water was and contamination, pollution, erosion or siltation of any stream observed from the surface water CCL 725 or watercourse or catchment area or any undue management discharge dam known as (27) interference to fish or their environment and shall observe Bottom Dam. On 1 March 2013 unmetered any instruction given or which may be given by the discharge was also observed from the Minister with a view to preventing or minimising the Bottom Dam and the North East Dam. On contamination, pollution, erosion or siltation of any stream 28 March 2013 a monthly water sample was watercourse or catchment area, or any undue collected from EPL Point 2. The laboratory interference to fish or their environment. results received on 9 April 2013 indicated a pH value of 9.4 which is in exceedance. CCL Operations shall be carried out in such a way as not to On 29 January, In contravention of Condition 718(40(a)) cause any pollution of the Catchment Area. L3.1, an unmetered discharge of water was and CCL observed from the surface water 725 management discharge dam known as (40(a)) Bottom Dam. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. On 28 March 2013 a monthly water sample was collected from EPL Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 which is in exceedance. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act. CCL The registered holder shall comply with any regulations On 29 January, In contravention of Condition 718(40(c)); now in force or hereafter to be in force for the protection L3.1, an unmetered discharge of water was CCL 725 from pollution of the said Catchment Area. observed from the surface water (40(c)) management discharge dam known as Bottom Dam. On 1 March 2013 unmetered discharge was also observed from the
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Reference Commitment Audit Finding Bottom Dam and the North East Dam. On 28 March 2013 a monthly water sample was collected from EPL Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 which is in exceedance. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act. ML The lease holder shall provide and maintain to the On 29 January, In contravention of Condition 1451(25) satisfaction of the Minister efficient means to prevent L3.1, an unmetered discharge of water was contamination, pollution, erosion or siltation of any river, observed from the surface water stream, creek, tributary, lake, dam, reservoir, management discharge dam known as watercourse, groundwater or catchment area or any Bottom Dam. On 1 March 2013 unmetered undue interference to fish to their environment and shall discharge was also observed from the observe any instruction given or which may be given by Bottom Dam and the North East Dam. On the Minister with a view to preventing or minimising the 28 March 2013 a monthly water sample was contamination, pollution, erosion or siltation of any river, collected from EPL Point 2. The laboratory stream, creek, tributary, lake, dam, reservoir, results received on 9 April 2013 indicated a watercourse, groundwater or catchment area or any pH value of 9.4 which is in exceedance. undue influence to fish or their environment.
3.5 Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) Table 11 shows the conditions that were found to be non-compliant with WWC’s Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010). A detailed assessment of compliance for each condition is outlined in Appendix H. One recommendation was made by the auditors in relation to compliance with the Environmental Assessment (refer Table 17).
Table 11 Non-compliances against Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010)
Reference Commitment Audit Finding 5.5.3.4 In terms of water quality, the only On 29 January, In contravention of Condition L3.1, an discharges from the WWC mine unmetered discharge of water was observed from the water management system other surface water management discharge dam known as Bottom than clean water diversions will Dam, which is linked to EPL Point 2. On 1 March 2013 be from licensed DECCW unmetered discharge was also observed from the Bottom discharge points which are Dam and the North East Dam. In contravention of Condition monitored and controlled. L2.2 on 28 March 2013 a monthly water sample was Consequently, potential water collected from Point 2. The laboratory results received on quality impacts will be limited to 9 April 2013 indicated a pH value of 9.4 for Point 2. These that associated with the EPL. exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act. 5.5.4.1 Water management system dams On 29 January, In contravention of Condition L3.1, an will be monitored to ensure that unmetered discharge of water was observed from the any overflows or discharges are surface water management discharge dam known as Bottom to an appropriate standard and in Dam, which is linked to EPL Point 2. On 1 March 2013 accordance with EPL conditions. unmetered discharge was also observed from the Bottom Dam and the North East Dam. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act.
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3.6 West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) Subsequent to the submission of WWC’s Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010), clarifications and amendments were made by WWC for the proposed project. These clarifications and amendments are provided in the West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011), which is a letter that was submitted to the then Department of Environment, Climate Change and Water. Clarifications and amendments were also provided in the West Wallsend Colliery Continued Operations Project Response to Submissions (Umwelt, November 2010). The auditors reviewed the content of the West Wallsend Colliery Continued Operations Project Response to Submissions (Umwelt, November 2010), and it was found that the substance of any additional commitments that were made within this Response to Submissions have been carried over into current WWC management plans. As such, the substance of these commitments were nevertheless audited as part of this IEA. All conditions in the West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) were found to be compliant or not triggered. A detailed assessment of compliance for each condition is outlined in Appendix I.
3.7 Extraction and Subsidence Management Table 12 shows the conditions that were found to be non-compliant with WWC’s Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012). A detailed assessment of compliance for each condition in WWC’s extraction and subsidence management plans is outlined in Appendix J. Two recommendations were made by the auditors in relation to subsidence management at WWC (refer Table 17). All other conditions of the following plans and sub-plans were found to be either compliant or not triggered: Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Built Features Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Land Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Public Safety Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Transgrid Transmission Tower Management Plan Longwall 44 and 45 West Wallsend Colliery (Xstrata Coal, April 2013); - Subsidence Contingency Plan West Wallsend Colliery (Xstrata Coal, March 2013) and - Subsidence Monitoring Program West Wallsend Colliery (Xstrata Coal, March 2013). A detailed assessment of compliance for each of these conditions is outlined in Appendix J.
Table 12 Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012)
Reference Commitment Audit Finding 8.2 In accordance with Condition 5 of Schedule 6, WWC submitted a greater than predicted West Wallsend shall review, and if necessary subsidence impact report in October 2012. revise, the strategies, plans, and programs Following this submission WWC did not required under Project Approval to the satisfaction review its management plans within three of the Director-General, within 3 months of the months and is therefore non-compliant. submission of: WWC also submitted incident reports in (a) the submission of an annual review under relation to water discharges during January condition 4 above; and March 2013. Whilst management plans (b) the submission of an incident report under were not submitted to the Director -General, condition 7 below; a review was undertaken and minor (c) the submission of an audit report under amendments made where required. These condition 9 below; and were sighted during the audit, in particular, (d) any modification to the conditions of this amendments to the sites P.I.R.M.P. approval (unless the conditions require Furthermore, an Annual Review was
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Reference Commitment Audit Finding otherwise), submitted in April 2013, however the review the Proponent shall review and, if necessary following this is not yet due. revise the strategies, plans and programs required under this approval to the satisfaction of the Director-General. 3.7.1 Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) All conditions in the Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) were found to be compliant or not triggered. A detailed assessment of compliance for each of these conditions is outlined in Appendix K. 3.7.2 Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) Table 13 shows the condition that was found to be non-compliant with the Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013). A detailed assessment of compliance for each condition is outlined in Appendix L.
Table 13 Non-compliance against the Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013)
Reference Commitment Audit Finding 3.2.1 WWC is required to comply with discharge limits for On 29 January, In contravention of both quality and quantity from the WWC pit-top area Condition L3.1, an unmetered discharge of as described in EPL 1360. Discharge limits apply to water was observed from the surface water the WWC pit-top area through discharge of surface management discharge dam known as water via EPA Point 2 at Burkes Creek. Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act.
3.8 Environmental Management Plans 3.8.1 Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) All conditions in the Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) were found to be compliant or not triggered. A detailed assessment of compliance for each of these conditions is outlined in Appendix M. 3.8.2 Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) All conditions of the Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) were found to be compliant or not triggered. A detailed assessment of compliance for each condition is outlined in Appendix N. 3.8.3 Noise Management Plan West Wallsend Colliery (Xstrata Coal) All conditions in the Noise Management Plan West Wallsend Colliery (Xstrata Coal) were found to be compliant or not triggered. A detailed assessment of compliance for each of these conditions is outlined in Appendix O. 3.8.4 Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) All conditions in the Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) were found to be compliant or not triggered. A detailed assessment of compliance for each of these conditions is outlined in
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Appendix P. A general recommendation has nevertheless been made in relation to the Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) (refer Table 17). 3.8.5 Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) Table 14 shows the conditions that were found to be non-compliant with the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012). A detailed assessment of compliance for each condition is outlined in Appendix Q. Two recommendations were made by the auditors in relation to compliance with the Aboriginal Cultural Heritage Management Plan (refer Table 17).
Table 14 Non-compliances against the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012)
Reference Commitment Audit Finding 7.2.2.1, Within the six months of Project Approval During the site visit the auditors viewed copies of 7.3.1.1 and WWC will set aside the ACHVP funding in AAC meeting minutes discussing this issue. WWC 7.5.1.1 an interest bearing deposit that will be has budgeted for this funding (auditors viewed administered by WWC; copies of budget documentation). However due to legal and commercial restrictions on establishing bank accounts, including interest bearing deposits and trust funds, WWC has not been able to deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP. 7.2.2.1, All interest accrued on the deposit will go During the site visit the auditors viewed copies of 7.3.1.1, back into the funds to be used for further AAC meeting minutes discussing this issue. WWC and 7.5.1.1 research; and has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and commercial restrictions on establishing bank accounts, including interest bearing deposits and trust funds, WWC has not been able to deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP. 8.2 The Training Package will include (but not This general training is included in such training necessarily be limited to) the following: mechanism as the WWC General Environmental - A discussion of the Aboriginal cultural Awareness Training, the Glencore Xstrata Induction significance of the Sugarloaf Range and Site Familiarisation training, as well as during area and the rights and obligations of the WWC Annual Contractor Forum. Aboriginal people to actively WWC continues its consultation with the AAC on participate in the management of the this issue to develop the official training package. landscape within the WWC COA However, officially this training package has not including its known Aboriginal been completed within the required 12 months' heritage sites and landscape features timeframe. of Aboriginal cultural value; WWC plans to request an extension of the - Information related to the types of timeframe for this requirement, as part of the next Aboriginal heritage sites, artefacts review of the ACHMP. and landscape features of cultural value that are known within the WWC COA and the broader SSCA the detail of the information provided will be guided by what is deemed culturally appropriate by the AAC); - Information related to the Aboriginal cultural heritage value and archaeological significance of the
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Reference Commitment Audit Finding sites/artefacts/landscape features of cultural value (the detail of the information provided will be guided by what is deemed culturally appropriate by the AAC); - The provision of maps of sites/landscape features of cultural value and areas where ground disturbance for remediation is not allowed without further consultation with the ACHMC (this should form part of the Ground Disturbance Permit process); - Procedures for contacting the WWC Environment and Community Manager should remediation work be required within proximity of a known site; - Information related to the relevant legislation for the protection of Aboriginal sites (termed objects) and that prosecution may arise if sites are disturbed/destroyed/defaced (refer to Section 4.1.1 for details). - The Training Package related to Aboriginal cultural values and rights and obligations to Care for Country will include a professionally produced DVD and endorsement sought from the registered Aboriginal parties. The DVD will be utilised by WWC for annual environmental awareness training, in the event that there are no representatives of the Awabakal Traditional Owner groups available to deliver the training. The video will also be used for site familiarisation inductions. It is proposed that the DVD will be finalised within 18 months of Project Approval. - The Training Package will be completed within 12 months of Project Approval. Until such time as the Training Package is completed and approved by the registered Aboriginal parties, WWC will continue to use its current induction materials related to Aboriginal Cultural Heritage Management for the site familiarisation inductions. Where feasible, a representative of the Traditional Owner groups will deliver annual environmental awareness training drawing on their cultural knowledge and existing training materials.
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3.8.6 Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) Table 15 shows the conditions that were found to be non-compliant with the Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal). A detailed assessment of compliance for each condition is outlined in Appendix R. Two recommendations were made by the auditors in relation to compliance with the Air Quality and Greenhouse Gas Management Plan (refer Table 17).
Table 15 Non-compliances against the Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal)
Reference Commitment Audit Finding 3.3.2 Greenhouse gas and energy use indicators will be included Greenhouse gas and energy use in the WWC Annual Review. indicators are reported in the 2012 Annual Review through a reference to the National Greenhouse and Energy Reporting Scheme (NGERS) however, this specific information is not contained within the Annual Review, 2012. 3.6.2 WWC will complete an online Energy Savings Action Plan Energy Savings Report was report annually. The online report will contain: completed in December 2012, but - Annual energy consumption for the reporting period; not published online. Section 3.15 - The status of actions identified in the approved savings of the Annual Review 2012 action plan; and contains some very brief - Newly identified actions and measures. information about greenhouse gas management, but does not provide energy savings planning. 3.6.2 WWC will summarise the implementation of the ESAP and This specific information is not EEO actions in the Annual Review prepared for the DP&I. contained within the Annual WWC will also report the implementation of greenhouse gas Review 2012. mitigation measures (refer to Section 3.4.6) to DP&I on an annual basis. 3.8.7 Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) Table 16 shows the conditions that were found to be non-compliant with the Surface Water Management Plan West Wallsend Colliery (Xstrata Coal). A detailed assessment of compliance for each condition is outlined in Appendix S.
Table 16 Non-compliances against the Surface Water Management Plan West Wallsend Colliery (Xstrata Coal)
Reference Commitment Audit Finding 4.1.4 Water quality is monitored at EPA On 29 January, In contravention of Condition L3.1, an Point 2 discharge point as well as unmetered discharge of water was observed from the upstream of and downstream of the surface water management discharge dam known as discharge point in Burkes Creek. Bottom Dam, which is linked to EPL Point 2. On 1 March Water discharged from the site will 2013 unmetered discharge was also observed from the comply with all quality limits Bottom Dam and the North East Dam. In contravention of contained within the relevant EPL. Condition L2.2 on 28 March 2013 a monthly water sample Water quality will be confirmed was collected from Point 2. The laboratory results received through sampling in accordance on 9 April 2013 indicated a pH value of 9.4 for Point 2. with the requirements of the EPL. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act.
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Reference Commitment Audit Finding 6.3.2 In accordance with the On 29 January, an unmetered discharge of water was requirements of EPL 1360, WWC observed from the surface water management discharge will monitor the volume of water dam known as Bottom Dam, which is linked to EPL Point 2. discharged via EPA Point 2 through On 1 March 2013 unmetered discharge was also observed a flow meter. In accordance with from the Bottom Dam and the North East Dam. EPL 1360, discharge from EPA Point 2 will not exceed 4,000 kilolitres per day. The results of the discharge volume monitoring will be reported annually in the WWC Annual Review and the EPL Annual Return.
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4.0 Assessment of Environmental Performance
4.1 General Environmental Management This section provides an assessment of the environmental performance of WWC, as required by Condition 9(c), Schedule 5 of the Project Approval 09-0203 (as modified). As indicated in Section 3.0, several non-compliances were found during the IEA. However, many of these non- compliances stem from isolated water quality and discharge limit incidents that occurred during the audit period, and which have since been dealt with in consultation with the EPA. Some other non-compliances related to exceedances of noise criteria were observed. However, after the rigorous noise investigations, community consultation and the implementation of engineering design solutions, WWC had not recorded any exceedances of its noise criteria during the first quarter of 2013. Final results for the Q2 monitoring were not available at the time of the IEA. Another factor leading to non-compliances found during the IEA was the use of wording of certain commitments within the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) that were not feasible to comply with regarding the provision of funding to Registered Aboriginal Parties. Whilst several non-compliances have been found during this IEA, few recommendations have been made, as Xstrata Coal Australia have been proactive in managing compliance issues as they arose during the audit period. During the site visit conducted from 26 to 28 June 2013, the auditors also noticed the following environmental management issues at WWC: - The outside of one bund wall servicing a bulk fuel storage area was observed to have a minor crack. At the time of the audit, this bund nevertheless appeared to be performing adequately. However, the auditors have recommended that WWC undertake an inspection of bunds throughout the site to confirm that no structural integrity issues do arise in the future; - One depositional dust gauge at WWC (EPL 1360 Point 11) appeared, at the time of the IEA, to have been mounted on an old construction. The auditors have recommended that WWC undertake an inspection of that dust gauge to confirm that its placement continues to comply with the relevant Australian Standards; - Bulk pods of flocculant for surface water were observed on the WWC pit top. At this site, a temporary set up of chemical storage drums was observed. At the time of undertaking the IEA, these drums did not appear to be adequately bunded. The auditors have made a recommendation that sites of temporary chemical storage at WWC be reviewed to confirm that bunding is adequate; and - There are several cases where verbal acknowledgement of management actions at WWC has been given by regulatory authorities. The auditors have made a recommendation that in future, WWC record all verbal conversations and agreements made with regulators regarding management plans, consents and actions, via written or email correspondence. During the audit it was also noted that Xstrata Coal Australia is maintaining good dialogue with community members regarding environmental issues. This was evidenced during the audit through a review of the WWC Community Consultative Committee and Aboriginal Advisory Committee meeting presentations and minutes. During the IEA, the auditors also noted a strong commitment by WWC staff to achieving environmental compliance. Notable examples of where the auditors observed this strong commitment are as follows: - Xstrata Coal Australia provides both generic and site and task-specific environmental awareness training to both staff and contractors where required; - Xstrata Coal Australia are maximising the role of its professional waste contractor, JR Richards, to undertake site-specific waste checks and training at WWC; - Apart from subsidence impacts, ecological impacts have been negligible during the audit period, as only minimal drilling activities requiring land clearing have been undertaken; - During the site visit, the auditors viewed the WWC pit-top area found it was maintained in a clean and tidy manner. Bunding, drains, spill kits, safety data sheets and copies of the WWC Pollution Incident Response Management Plan were located throughout the site as needed, and were generally found to be maintained in good working order;
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- The use of innovative technologies and solutions to manage environmental performance. This includes the trialling of chemical dust suppressants at the WWC pit-top area, and the use of innovative engineering solutions to manage noise and monitor subsidence impacts; and - The auditors also found plenty of evidence to support a strong ‘review’ culture at WWC, whereby site checks are undertaken routinely, and the results are recorded and easily accessible by WWC staff. There were several instances where the auditors identified WWC’s commitment to environmental performance going above and beyond that which was required to simply show compliance with the consent conditions and management plans. Notable examples of this commitment included: - Assisting Registered Aboriginal Parties with remediation works in November 2012 to protect a site of Aboriginal heritage significance falling outside the scope of WWC’s responsibility and control. This included the provision of financial and professional assistance to ensure that the site in question remained protected from interference by third parties. Such action was not specifically required under WWC’s consent conditions or management plans, and has been undertaken simply as an act of goodwill toward Registered Aboriginal Parties; - The use of Xstrata Coal Australia’s Compliance Management Operating (CMO) database by WWC staff. This program has been recently implemented at WWC, and allows staff to monitor and track the environmental compliance of the site themselves. The auditors noted that, by the use of the CMO database, WWC environmental staff have been able to better familiarise themselves with the environmental performance and compliance requirements of the site. The use of the CMO was also linked to a strong document control and electronic filing system, which meant that WWC staff were able to access site records quickly and efficiently; and - The use of Arch GIS mapping software to create an interdisciplinary, whole-of-site environmental constraints database. Overall, the commitment of time and resources by Xstrata Coal Australia to manage environmental issues was found to be of a high standard.
4.2 Subsidence Management This section provides an assessment of the subsidence management performance of WWC, as required by the Project Approval 09-0203 (as modified). Detailed findings are presented in Appendix J and findings outlined below. As indicated in Section 3.7, one non-compliance was identified in the extraction subsidence and management plans during the IEA. During the audit, the auditors viewed evidence of WWC liaising with government authorities about these issues to confirm the appropriate action going forward. Otherwise, the subsidence auditor found consistent evidence of proactive management and planning. This is indicated by the draft management plans being developed and in advanced stages with various infrastructure operators in preparation for extraction of LW44 and LW45. During the audit there were consistent indications of a systematic and rigorous approach to subsidence management. This was evidenced by the detailed inspections and surveys carried out to identify impacts, and the prompt implementation of mitigation measures following impacts such as the formation of tension cracks. The document trail for subsidence management from development of management plans to execution and mitigation actions is transparent and systematic. There is a strong commitment to foster a cooperative environment for the dissemination of monitoring data to these organisations. This is evidenced by the prompt dissemination of survey data to stakeholders and fortnightly and quarterly status reports. Two recommendations have been made as a result of this audit, to reflect the two reportable subsidence impacts that did occur during the audit period (refer Table 17). It is noted that during the audit period, WWC reported two subsidence related incidents to the relevant government authorities for greater than predicted subsidence impacts and an incident involving grout remediation works in the SSCA. These incidents were dealt with and reported as per Condition 7, Schedule 6 of the Project Approval 09-0203 2012 (as modified), and, in relation to the June 2013 grout incident, was reported as per the requirements of EPL 1360 (refer Table 17). These incidents are described in Sections 4.2.1 and 4.2.2 below.
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4.2.1 Greater than Predicted Subsidence Impacts The Graben incident resulting in greater than predicted subsidence impacts in the SSCA that occurred in October 2012 was reported to relevant government agencies including a written report to DP&I, NoW, OEH and DRE. The area was demarcated and public safety controls installed. A geotechnical review was commissioned of the impacted area and included other areas that may be susceptible to greater than predicted impacts. An additional monitoring programme was developed and implemented, though predicted impacts were not observed. Information on the incident to date was reported in the Annual Review submitted in April 2013 and updated to the Community Consultative Committee in May 2013 (first notified in December 2012). Updates on the affected area have been provided to DRE through fortnightly and quarterly SMP status reports. 4.2.2 Grout Remediation Incident During June 2013, the grout incident occurred and was reported to DP&I, EPA, DRE, OEH, NoW, WorkCover NSW, Lake Macquarie City Council, NSW Health and NSW Fire & Rescue in accordance with the Pollution Incident Response Management Plan. This incident involved the leakage of grout into a drainage channel A geotechnical inspection of the affected area was undertaken, and confirmed that the grout affected area extended approximately 250 m downslope into an ephemeral drainage channel from the base of the grouting worksite. At this point, the majority of grout appeared to have solidified and the extent of the spill appeared to be contained. A further detailed review of the incident was undertaken, including: - The immediate work area, operator locations and activities occurring prior to and at the time of the incident; - Extent, nature and duration of the incident; - The environmental conditions at the time of the incident; - Surrounding environment within and adjacent to the affectation area; - The presence of any known threatened species/protected sites; - All relevant documentation in place at the time of the incident; and - Controls in place at the time of the incident to prevent a spillage of grout to the environment. This incident also led to a review of WWC’s grouting procedure, grouting risk assessments, safety data sheets for the grouting product, and other operational procedures as relevant.
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5.0 Review the adequacy of Environmental Management Plans This section addresses Condition 9(d), Schedule 5 of Project Approval-09-0203 (as modified), which requires this IEA to “review the adequacy of strategies, plans or programs required under the abovementioned approvals.” WWC has been operating under its existing management plans since the inception of the new Project Approval- 09-0203 (as modified). Interviews with WWC staff and a general site inspection have identified key trends that occur across all of the management plans, these include: - The Environmental Department demonstrated a high level of knowledge of the plans; - General site inductions include general environmental awareness training, as well as the detailed specifics required by certain plans (e.g. training provided on the identification of Tetratheca juncea as per the Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013)); - Mining operators have a detailed understanding of the procedures and processes outlined in the management plans; and - There have been ongoing issues with obtaining explicit written confirmation from the regulators for new and updated version of management plans.
5.1 Extraction and Subsidence Management Plans Extraction and subsidence management at WWC is undertaken according to the following plans: - Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012); - Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Built Features Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Land Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Public Safety Management Plan West Wallsend Colliery (Xstrata Coal, March 2013); - Transgrid Transmission Tower Management Plan Longwall 44 and 45 West Wallsend Colliery (Xstrata Coal, April 2013); - Subsidence Contingency Plan West Wallsend Colliery (Xstrata Coal, March 2013) and - Subsidence Monitoring Program West Wallsend Colliery (Xstrata Coal, March 2013). The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) and the Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) were prepared to meet the requirements of Condition 5, Schedule 3 of Project Approval-09- 0203 (as modified). They were also prepared according to the Guideline for Applications for Subsidence Management Approvals (Department of Mineral Resources, 2003). These plans manage the extraction from longwalls 41, 44 and 45 at WWC, as well as any subsidence related impacts resulting from these mining activities. Each of the sub-management plans listed above sit directly beneath the two Extraction and Subsidence Management Plans. These sub-management plans have been prepared to describe specific strategies, procedures and monitoring programs that may be implemented to ensure compliance with the overall Extraction and Subsidence Management Plans. During the audit, each of the conditions outlined in these Extraction and Subsidence Management Plans and their sub-management plans were audited by the subsidence specialist and found to be either compliant, or not triggered. Only one condition in the Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) were found to be non-compliant. An extensive list of each condition and audit findings can be found in Appendix J. The content of these Extraction and Subsidence Management Plans and their sub-management plans were also audited against each specific requirement in Condition 5, Schedule 3 of Project Approval-09-0203 (as modified). Compliance was found against all of these criteria (refer Appendix D). Two recommendations were made in relation to subsidence management at WWC, given the two reportable subsidence incidents that occurred during the audit period, and which were dealt with and reported as per Condition 7, Schedule 6 of the Project Approval 09-0203 2012 (as modified), and
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which, in relation to the June 2013 grout incident, was reported as per the requirements of EPL 1360 (refer Table 17). On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval (West Wallsend Colliery 2013 Annual Review of Environmental Management Plans). It is still being determined whether: - The Built Features Plan will require further updates, based on subsidence results received for monitoring undertaken or regulatory feedback throughout 2012; - The Land Management Plan will require further updates, based on subsidence results received for monitoring undertaken or regulatory feedback throughout 2012; and - The Public Safety Management Plan will require further updates, based on subsidence results received for monitoring undertaken or regulatory feedback throughout 2012. The required timeframe for this resubmission to the Director-General, if these updates are deemed necessary, will be 31 July 2013 which falls outside of the timeframe of this IEA. No further recommendations for amendments to these management plans were made by the auditors.
5.2 Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) The Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) was due to expire on 31 December 2010. However, operations at WWC continue to be undertaken according to the West Wallsend Colliery Mining Operations Plan 2003-2009 (Umwelt, 2003) which has been extended to cover the current operations until the Draft West Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012-July 2018 (Umwelt, January 2013) is finalised with government stakeholders. Clause 6.2.1 in the Statement of Commitments of the Project Approval-09-0203 (as modified) specifies that closure and rehabilitation activities at WWC will be undertaken in accordance with an approved Mining Operations Plan, or other relevant approval. These closure and rehabilitation activities were not triggered during the audit period, as WWC has an approved life of mine until 2021. However, it is envisaged that these closure and rehabilitation measures will actually be undertaken according to a further plan that is to be developed and refined alongside the draft REMP and the West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008). The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) contains a feasibility constraints and opportunities analysis for WWC closure. Once this analysis is completed, it will indicate what final land use options are available post-closure. It is relevant to note that many of the conditions in the Mining Operations Plan are now redundant, given that this plan was prepared for the mining operations at WWC between 2003-2009. During the audit, each of the conditions outlined in the Mining Operations Plan were therefore found to be either compliant, or not triggered. An extensive list of each condition and audit findings can be found in Appendix K. As a result, no recommendations have been made by the auditors in relation to the Mining Operations Plan.
5.3 Draft West Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012-July 2018 (Umwelt, January 2013) The Draft West Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012-July 2018 (Umwelt, January 2013) has been prepared by Xstrata Coal Australia to manage rehabilitation management at WWC. This is required as per Condition 29, Schedule 4 of Project Approval-09-0203 (as modified). The Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) was submitted to DP&I, the EPA branch of OEH and Lake Macquarie City Council (LMCC) on 24 July 2012. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. LMCC also provided comment on 20 December 2012. DP&I has not requested that the plan be resubmitted to it until the plan has been amended to include the final land use assessment and detailed completion and rehabilitation criteria following the completion of the Pre-Feasibility Constraints and Opportunities Analysis for Mine Closure. This analysis has commenced as per the West Wallsend Colliery Conceptual Closure
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Plan (Umwelt, 2008), which continues to be reviewed. Once this analysis is completed, it will indicate what final land use options are available post-closure, and will allow the REMP to be finalised with DP&I (refer Section 5.2). Once the REMP has been approved by the regulators, it will supersede the out-dated Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) for the management of mining operations and closure activities at WWC. During the audit period only minimal surface disturbance works have been undertaken as part of a drilling program. As such, only minimal rehabilitation works have been undertaken. Inclement weather made it difficult for the auditors to assess these rehabilitation measures in person. However, access to rehabilitation documentation, and photographic records led the auditors to conclude that these measures are being undertaken in accordance with the REMP. During the audit, each of the conditions outlined in the REMP were found to be either compliant or not triggered. An extensive list of each condition and audit findings can be found in Appendix L. The content of this REMP was also audited against each specific requirement in Condition 29, Schedule 4 of Project Approval-09-0203 (as modified). Compliance was found against all of these criteria (refer Appendix D). As a result, no recommendations have been made by the auditors in relation to rehabilitation management at WWC.
5.4 Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) The Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) provides strategic context for the environmental management of WWC, in accordance with the XCN Sustainable Development Management Framework. The Environmental Management Framework was submitted to DP&I, and the EPA branch of OEH on 24 July 2012. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. On 23 March 2013 WWC resubmitted this plan to DP&I and at the time of this IEA was still awaiting final approval of the plan from the Director-General. The Environmental Management Framework is based on the following sustainable development management principles in accordance with AS/NZ ISO 14001:2004: Environmental management systems – Requirements with guidance for use and the XCN Sustainable Development Management Framework: - Environmental Policy and Commitment; - Planning; - Implementation and Operation; - Measurement and Evaluation; and - Review and Improvement. The preparation of this Environmental Management Framework is required by Condition 1, Schedule 6 to the Project Approval-09-0203 (as modified). During the audit, each of the conditions outlined in the framework were found to be either compliant or not triggered. An extensive list of each condition and audit findings can be found in Appendix M. The content of this framework was also audited against each specific requirement in Condition 1, Schedule 6 of Project Approval-09-0203 (as modified). Compliance was found against all of these criteria (refer Appendix D). As a result, no recommendations have been made by the auditors in relation to the Environmental Management Framework at WWC. On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval (West Wallsend Colliery 2013 Annual Review of Environmental Management Plans). It was determined that the Environmental Management Framework does not require any further amendments at this time.
5.5 Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) The Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) describes the ecological management strategies, procedures, controls and monitoring programs that are implemented at WWC to manage flora and fauna impacts related to subsidence and surface activities. The key objectives of the plan are to:
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- Provide description of the key potential clearance activities for the continued mining area; - Provide a series of mitigation measures to minimise impact upon identified threatened species, including groundwater dependent ecosystems; - Provide mitigation measures to minimise impacts from identified activities to be undertaken in the SSCA; and - Provide a monitoring program for the assessment of potential impact of underground mining on identified threatened species. It is relevant to note that an overarching agreement has been entered into with National Parks and Wildlife (of OEH) to allow for subsidence management works in the SSCA as per the Biodiversity Management Plan. There is also evidence of the Biodiversity Management Plan being amended during the audit period to make provision for the species Regent Honeyeater, which was only identified on the site during 2012 survey work (refer West Wallsend Colliery Biodiversity Monitoring Report 2012 (Umwelt, January 2013)). During the IEA, auditors also viewed evidence of the extensive pre-clearance management measures that are implemented when surface activities are undertaken at WWC according to the Biodiversity Management Plan. There was also evidence of WWC staff and contractors having undertaken specific training to be able to identify and manage endangered species such as Tetratheca juncea. The auditors also viewed Xstrata Coal Australia’s Arch GIS mapping tool, which is used to record known locations of threatened species, amongst other things, and therefore to avoid impacts to these species as per the Biodiversity Management Plan. During the audit period only minimal surface disturbance works have been undertaken as part of a drilling program. As such, only minimal rehabilitation works have been undertaken. Inclement weather made it difficult for the auditors to assess these rehabilitation measures in person. However, access to rehabilitation documentation, and photographic records led the auditors to conclude that these measures are being undertaken in accordance with the Biodiversity Management Plan. As outlined in the West Wallsend Colliery Biodiversity Monitoring Report 2012 (Umwelt, January 2013), annual monitoring work continues to be conducted at WWC each spring. The auditors also confirmed that weed management continues to be undertaken at WWC according to the Weed Action Plan 2012. The preparation of this Biodiversity Management Plan is required by Condition 5(i), Schedule 3 to the Project Approval-09-0203 (as modified). As such, the Biodiversity Management Plan also sits within the overall Extraction and Subsidence Management Plan system outlined in Section 5.1 above. During the audit, each of the conditions outlined in the Biodiversity Management Plan were found to be either compliant or not triggered. An extensive list of each condition and audit findings can be found in Appendix N. The content of the Biodiversity Management Plan was also audited against each specific requirement in Condition 5(i), Schedule 3 of Project Approval-09- 0203 (as modified). Compliance was found against all of these criteria (refer Appendix D). As a result, no recommendations have been made by the auditors in relation to the Biodiversity Management Plan at WWC. On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval (West Wallsend Colliery 2013 Annual Review of Environmental Management Plans). It was determined that the Biodiversity Management Plan does not require any further amendments at this time.
5.6 Noise Management Plan West Wallsend Colliery (Xstrata Coal) The preparation of a Noise Management Plan at WWC is required by Condition 8, Schedule 4 of the Project Approval-09-0203 (as modified). The Noise Management Plan was submitted to DP&I and the EPA branch of OEH on 24 July 2012. This plan was also provided to LMCC. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. On 20 December 2012 WWC received comments from LMCC. On 21 June 2013, WWC resubmitted this plan to DP&I after updating it to include the outcomes of updated noise management measures as per the Noise Compliance Report. WWC is still awaiting final approval of the plan from the Director-General. The Noise Management Plan West Wallsend Colliery (Xstrata Coal) describes the measures implemented at WWC to mitigate potential noise impacts, and the associated noise monitoring requirements. The key objectives of the Noise Management Plan include: - Establishing a noise monitoring system to assess the noise impact on surrounding sensitive receivers and performance against the specific noise impact assessment criteria;
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- Establishing a noise monitoring system to monitor the effectiveness of the noise attenuation works at the Bradford Breaker and associated transfer points detail the controls to be implemented to minimise noise emissions from the site; - Allowing for adaptive management of the mining operation based on real time noise monitoring results and prevailing meteorological conditions; - Providing a mechanism to assess monitoring results against noise impact assessment criteria and land acquisition criteria to evaluate compliance; - Establishing a continued improvement protocol to for noise performance at WWC; - Managing noise related community complaints in a timely and effective manner; and - Detailing the requirement for reporting noise criteria exceedances to the relevant stakeholders; and detail the independent review process to be followed if WWC receives a written request by a landowner(s) for an independent review of noise impacts. Schedule 4 to the Project Approval-09-0203 (as modified) provided two sets of noise criteria limits which WWC was required to comply with: one set of criteria applying immediately after project approval was granted on 25 January 2012; and another set of criteria superseding those initial criteria, and which came into effect on 1 January 2013. Condition 6, Schedule 4 also requires the preparation of a Noise Compliance Report to investigate and evaluate the effectiveness of the noise mitigation measures required as of 1 January 2013. The Noise Compliance Report was also required to include an action plan to implement additional measures and monitoring protocol to review the effectiveness of those additional measures if required. During the audit period, the Noise Management Plan was therefore updated to take account of the findings in the West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013). During the preparation of the Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010), it was determined that the dominant source of noise exceedances at WWC was the Bradford Breaker (component of conveyor system sizing ROM coal from the underground operations area). In 2011 and 2012, investigations commenced to determine appropriate noise attenuation and other management measures to improve this performance. During September and October 2012, noise monitoring at WWC identified some further noise exceedances at residential receivers. Additional noise monitoring was subsequently undertaken in October 2012. The West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013) reports that the following noise mitigation measures had already been undertaken or were underway during this time: - In April 2012, WWC commissioned the engineering, construction and installation of a noise impact curtain within the coal transfer point above the Bradford Breaker to reduce the noise generated from coal impact against the chute when entering the Bradford Breaker; - In June 2012, following the successful trial of the impact curtain above the Bradford Breaker, an additional noise impact curtain was installed within the coal transfer point above the 2000 tonne ROM bin. Further noise attenuating cladding was also installed on the outside of the structure to reduce the noise generated from coal impacts against the deflector plate when entering the storage bin; - In September-October 2012 conveyor curtain screening was installed around strategic sections of the Bradford Breaker infrastructure to further assist with reducing directional noise toward residential areas; - In December 2012 a noise impact polymer was installed under the grizzley chute wear plates to reduce coal impact noise through the delivery chute to the Bradford Breaker; and - In December 2012 acoustic cladding was constructed and installed over the body of the Bradford Breaker. Extensive community consultation was also taken during this time, and this was crucial in determining the actual point source of noise exceedances within that conveyor system at WWC. Table 3 outlines the individual land owner noise agreements that WWC has entered into with several residential receivers. Monitoring works undertaken in November and December 2012 showed that WWC was compliant with the relevant noise limit criteria set out in Project Approval-09-0203 (as modified) (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)). During the first quarter of 2013, no noise limit exceedances of the 1 January 2013 criteria have been recorded at WWC. It is relevant to note that monitoring at R8 has not commenced, as construction of the planned mining services facility did not commence during the audit period. As such, monitoring at this receiver was not required.
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During the IEA the auditors considered the Noise Management Plan West Wallsend Colliery (Xstrata Coal) in relation to the requirements of Condition 8, Schedule 4 of the Project Approval-09-0203 (as modified). The Noise Management Plan was submitted to the regulators on 24 July 2012, and therefore met the required timeframe of submission with six months of project approval. Correspondence was received from LMCC, OEH regarding the draft plan. The plan was resubmitted on 21 June 2013, to include the outcomes of updated noise management measures as per the Noise Compliance Report. The Noise Management Plan is therefore considered adequate to meet the requirements of Condition 8, Schedule 4. The West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)) was also considered adequate to meet the requirements of Condition 6, Schedule 4 of the Project Approval-09-0203 (as modified). Whilst the Noise Compliance Report was submitted at the end of April 2013, and was therefore late by one month, during the IEA the auditors confirmed that DP&I did allow an extension on this timeframe. This extension allowed the noise monitoring results from the first quarter in 2013 to be included in the Noise Compliance Report, and therefore meant that the Noise Compliance Report provided the regulators with a more accurate summary of WWC’s noise performance at that point in time. During the three day site visit from 26 to 28 July, the auditors did not perceive significant noise emanating from the WWC operations. However inclement weather during this time made it difficult for the auditors to adequately assess the effectiveness of noise mitigation measures for themselves. Exceedances of noise criteria during 2012 resulted in some noise-related conditions of the Project Approval-09- 0203 (as modified) being non-compliant (refer Appendix D). During the audit, each of the conditions outlined in the Noise Management Plan were found to be either compliant or not triggered. An extensive list of each condition and audit findings can be found in Appendix O. As a result, no recommendations have been made by the auditors in relation to the Noise Management Plan at WWC. On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval (West Wallsend Colliery 2013 Annual Review of Environmental Management Plans). It has been identified that the Noise Management Plan will require further updates to analyse the progress of new noise mitigation works. The required timeframe for this resubmission to the Director-General is 31 July 2013 which falls outside of the timeframe for this IEA.
5.7 Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) The preparation of a Water Management Plan is required by Condition 5(h), Schedule 3 of the Project Approval- 09-0203 (as modified). The Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) provides a description of the measures to mitigate subsidence related surface and groundwater impacts at WWC, and details the management and monitoring requirements associated with the operations at WWC. The key objectives of the Water Management Plan include: - Establishment of surface and groundwater impact assessment criteria, including trigger levels; - Providing a program to monitor and report stream flows; - Assessing changes in streams as a result of subsidence impacts; - Providing a protocol for remediation of streams and maintain stream stability; - Providing a program to monitor and report groundwater inflows to underground workings; and - Providing a program to predict, manage and monitor impacts on groundwater bores on privately-owned land. During 2012 WWC extracted and discharged 1213.4 ML of groundwater from Longwall 11 borehole, in excess of the current groundwater licence 20BL169793 limit of 360 ML per annum, and in exceedance of the proposed variation to that annual limit of 1000 ML within groundwater licence 20BL169793. However, evidence was presented demonstrating NSW Office of Water (Fergus Hancock) had agreed on 12 August 2010 that the discharge limit of 20BL169793 is 1,000 ML could apply until otherwise confirmed. As reported in Section 3.4.2 of the Annual Review 2012, this incident nevertheless initiated the Trigger Action Response Protocol in the Water Management Plan was initiated. At the time of undertaking the IEA, an investigation report on the incident was still being finalised.
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On 29 January, in contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL 1360 Point 2. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. The Trigger Action Response Protocol in the Water Management Plan was again initiated in response to this incident. During the audit, each of the conditions outlined in the Water Management Plan were found to be either compliant or not triggered. An extensive list of each condition and audit findings can be found in Appendix P. The content of this Water Management Plan was also audited against each specific requirement in Condition 5(h), Schedule 3 of Project Approval-09-0203 (as modified). Compliance was found against all of these criteria (refer Appendix D). However, one general recommendation was made by the auditors in relation to the Water Management Plan at WWC (refer Table 17). On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval. It has been identified that the Water Management Plan will require further as a result of 100 ML per month groundwater limits triggering the TARP during 2012. The required timeframe for this resubmission to the Director-General is 31 July 2013 which falls outside of the timeframe for this IEA.
5.8 Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) The preparation of a Heritage Management Plan is required by Condition 5(k), Schedule 3 of Project Approval-09- 0203 (as modified). Condition 5(k) requires the preparation of a Heritage Management Plan for both Aboriginal and historic heritage, to manage the potential environmental consequences of the proposed second workings. The Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) meets these requirements for Aboriginal heritage management. Subsidence remediation works were not required to be undertaken near historic heritage sites at WWC during the audit period. However, WWC maintains Arch GIS mapping of these heritage items so that management of these issues can be undertaken when this is required. The Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) was prepared in accordance with the Statement of Commitments within the Project Approval, and provides guidance to WWC in relation to culturally appropriate management of Aboriginal cultural heritage sites and landscape features of cultural value at WWC. An Aboriginal Advisory Committee has been established to help manage the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) at WWC. Xstrata Coal Australia engages Umwelt to do most of the archaeological work at WWC, and the archaeological survey works undertaken during the audit period were undertaken in consultation with the Registered Aboriginal Parties. During the IEA, auditors viewed copies of Aboriginal Advisory Committee presentations and meeting minutes indicating how the Registered Aboriginal Parties are involved in cultural heritage and landscape management at WWC. The impacts of WWC’s operations on areas of Aboriginal heritage or landscape significance are largely restricted to subsidence related impacts. No significant subsidence-related impacts on Aboriginal heritage and landscape features occurred during the audit period. However, in November 2012, Xstrata Coal Australia also assisted Registered Aboriginal Parties with remediation works to protect a site of Aboriginal heritage significance falling outside the scope of WWC’s responsibility and control. This included the provision of financial and professional assistance to ensure that the site in question remains protected from interference by third parties. Such action was not specifically required under WWC’s consent conditions or management plans, and has been undertaken simply as an act of goodwill toward Registered Aboriginal Parties. Some salvage works were undertaken by the archaeologist and in consultation with Registered Aboriginal Parties, in accordance with the Aboriginal Cultural Heritage Management Plan. The Aboriginal Cultural Heritage Management Plan also requires 20 additional field survey days to be undertaken at WWC to record heritage sites and landscape values with the SSCA. Fourteen of these 20 field survey days were undertaken during the audit period. Xstrata Coal Australia makes use of its site-wide Arch GIS mapping tool to identify and avoid if possible any relevant heritage constraints before infrastructure or exploration works takes place. Interviews with WWC environment staff confirmed that this is the approach that is undertaken with the Registered Aboriginal Parties, and that boreholes and other infrastructure are generally relocated when such constraints are discovered.
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The Aboriginal Cultural Heritage Management Plan commits to the delivery of an Aboriginal Cultural Heritage Training Package in consultation with Registered Aboriginal Parties. Xstrata Coal Australia are continuing to consult with the Registered Aboriginal Parties on this issue, however the official Training Package was not competed within the required 12 months’ timeframe. Nevertheless, general Aboriginal cultural awareness training is included in such training mechanism as the WWC General Environmental Awareness Training, the Glencore Xstrata Induction and Site Familiarisation training, as well as during the WWC Annual Contractor Forum. The Aboriginal Cultural Heritage Management Plan also commits to the delivery of funding to Registered Aboriginal Parties in the form of offsets for mining-related impacts to heritage and landscape values, as well as the provision of funding for specific cultural heritage management projects. The Aboriginal Cultural Heritage Management Plan generally requires that these funds be maintained in separate bank accounts administered by Xstrata Coal Australia. During the site visit the auditors viewed copies of Aboriginal Advisory Committee meeting minutes discussing this issue. Xstrata Coal Australia has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and commercial restrictions on establishing bank accounts, including interest bearing deposits and trust funds, Xstrata Coal Australia has not been able to deposit these funds in the required manner. This is an issue of ongoing consultation between Xstrata Coal Australia and the Aboriginal Advisory Committee, and is something which will be considered in the next review of the Aboriginal Cultural Heritage Management Plan in consultation with OEH. As the preparation of this Heritage Management Plan is required by Condition 5(k), Schedule 3 of the Project Approval-09-0203 (as modified), the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) also sits within the overall Extraction and Subsidence Management Plan system outlined in Section 5.1 above. Technical non-compliances with the provision of these funds has, amongst other things, resulted in several non-compliances with the Aboriginal Cultural Heritage Management Plan. An extensive list of each condition and audit findings can be found in Appendix Q. Two recommendations were made by the auditors in relation to the Aboriginal Cultural Heritage Management Plan at WWC (refer Table 17). On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval (West Wallsend Colliery 2013 Annual Review of Environmental Management Plans). It was determined that the Aboriginal Cultural Heritage Management Plan requires amendments to deal with funding issues and training completion dates. The required timeframe for this resubmission to the Director-General is 31 July 2013 which falls outside of the timeframe for this IEA.
5.9 Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) The preparation of an Air Quality and Greenhouse Gas Management Plan is required by Condition 13, Schedule 4 of Project Approval-09-0203 (as modified). The Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) was submitted to DP&I, the EPA branch of OEH on 24 July 2012. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. On 21 June 2013, WWC resubmitted this plan to DP&I, and is still awaiting final approval of the plan from the Director-General. The Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) outlines the control measures to be implemented at WWC to minimise the potential for air quality and greenhouse gas impacts on the local community and the environment, as well as the management measures that are implemented to comply with the conditions of EPL 1360. The key objectives of the Air Quality and Greenhouse Gas Management Plan include: - Providing a description of the measures to be implemented by Xstrata Coal Australia to mitigate air quality and greenhouse gas impacts and to detail air quality and greenhouse gas monitoring requirements associated with WWC; - Providing a mechanism for assessing air quality monitoring results against the relevant air quality impact assessment criteria; - Providing employees and contractors with a clear and concise description of their responsibilities in relation to air quality and greenhouse gas management during the operation of the mine; - Addressing the relevant conditions of the Project Approval for WWC; and
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- Addressing all relevant commitments made in the Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010). EPL 1360 contains air quality management criteria for WWC. During the IEA, no non-compliances against EPL 1360 in relation to air quality at WWC were found (refer Appendix F). Also, no non-compliances were found against the Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) in relation to air quality management. During the IEA, interviews with WWC environment staff and a review of environmental management records evinced that WWC employ various air quality controls at WWC to adequately mitigate air quality impacts as follows: - Dust sprays are used on surface hardstand areas and chemical suppressants are currently being trialled on hardstand and unsealed access roads to improve this performance; - Weekly sweeping of paved store areas and haul loop are undertaken; - Dust flaps are situated on the ROM coal bins; and - Camera networks for onsite dust emissions are situated throughout the site. During the three day site visit from 26 to 28 June, inclement weather made it difficult for the auditors to visually assess dust management at WWC. However, auditors did find that the site was generally well maintained in a clean and tidy manner. The non-compliances found during the IEA in the Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) relate to the reporting of greenhouse gas management measures. These management measures have not been reported annually, in an online format and containing the necessary information as required by the Air Quality and Greenhouse Gas Management Plan. Section 3.15 of the Annual Review 2012 contains some basic information about greenhouse gas management, but does not meet these energy savings planning requirements. However, in 2012 a review was undertaken to determine an Energy Savings Action Plan and Energy Efficiency Opportunities for the WWC site. It is understood that WWC also plans to undertake an energy audit in 2013 to identify any further energy reduction opportunities. This information is contained within the Energy Review Workshop Outcomes Report: West Wallsend and MCPP (energetics, 2012). The preparation of this Air Quality and Greenhouse Gas Management Plan is required by Condition 13, Schedule 4 to the Project Approval-09-0203 (as modified). An extensive list of each condition and audit finding made against the Air Quality and Greenhouse Gas Management Plan can be found in Appendix R. The content of the Air Quality and Greenhouse Gas Management Plan was also audited against each specific requirement in Condition 13, Schedule 4 of Project Approval-09-0203 (as modified). Compliance was found against all of these criteria (refer Appendix D). Two recommendations were made by the auditors in relation to the Air Quality and Greenhouse Gas Management Plan at WWC (refer Table 17). On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval (West Wallsend Colliery 2013 Annual Review of Environmental Management Plans). It has been identified that the Air Quality and Greenhouse Gas Management Plan will require further updates to in relation to the updated location of monitoring Point 11 (D18 in the management plan) to avoid vandalism. The required timeframe for this resubmission to the Director-General is 31 July 2013 which falls outside of the timeframe for this IEA.
5.10 Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) The preparation of a Surface Water Management Plan is required by Condition 17, Schedule 4 of Project Approval-09-0203 (as modified). The Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) was submitted to DP&I, and the EPA branch of OEH on 24 July 2012, and to NoW on 17 July 2012. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. NoW also provided feedback on 5 December 2012. On 21 June 2013, WWC resubmitted this plan to DP&I and NoW, and is still awaiting final approval of the plan from the Director-General of DP&I, from and NoW. The Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) has been developed to meet the requirements of Condition 17, Schedule 4 of Project Approval-09-0203 (as modified), as well as the requirements of EPL 1360. The Surface Water Management Plan details management measures for surface water quality in
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upstream and downstream watercourses, onsite water management, discharges to Burkes Creek, and water transfers offsite. The key objectives of the Surface Water Management Plan include: - Providing detailed historical baseline data on surface water quality in creeks and other water bodies that could potentially be affected by WWC’s mining operations; - Detailing the surface water monitoring strategy for WWC, including compliance monitoring and measurement of water discharges from WWC; - Outlining the general and site specific principals of erosion and sediment controls to be implemented at WWC; - Monitoring the effectiveness of the erosion and sediment control measures; - Outlining relevant surface water impact assessment criteria and provide methods for the assessment of compliance with conditions of the Project Approval, EPL and legislation relating to surface waters; and - Outlining the reporting requirements for the results of the monitoring program. During the audit period there were two water discharge incidents and one water quality incident that occurred at WWC, resulting in contraventions of WWC’s EPL 1360. On 29 January 2013, in contravention of EPL 1306 Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. This incident was reported to the EPA on the same day. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. This incident was reported to the EPA on the same day. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. This exceedance was reported to the EPA on 19 April, after WWC commissioned retesting of the samples to confirm the exceedance had occurred. During the IEA the auditors sighted correspondence to the EPA relating to the 1 March and 29 January incidents, including written details of those incidents. The 9 April incident was not reported to the EPA in written format until 19 April (note that the EPA was notified of that incident by telephone on 10 April, making this written report late by only two days). However, this was done with the permission of the EPA; between the time when the 9 April incident occurred and the written report was provided to the EPA, WWC were commissioning a re-test of the relevant pH results to confirm the exceedance. The only non-compliances found against the Surface Water Management Plan during the IEA relate to these EPL non-compliances. WWC has been investigating the cause of these incidents and is undertaking further mitigation works as required in consultation with the EPA to prevent such incidents in the future. An extensive list of each condition and audit finding made against the Surface Water Management Plan can be found in Appendix S. The content of the Surface Water Management Plan was also audited against each specific requirement in Condition 17, Schedule 4 of Project Approval-09-0203 (as modified). Compliance was found against all of these criteria (refer Appendix D). No recommendations were made by the auditors in relation to the Surface Water Management Plan at WWC. On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, Xstrata Coal Australia undertook a review of its management plans at WWC as per Condition 5(a), Schedule 6 of the Project Approval (West Wallsend Colliery 2013 Annual Review of Environmental Management Plans). It was determined that the Surface Water Management Plan does not require any further amendments at this time.
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6.0 Recommendations This section addresses 5 Condition 9(e), Schedule 5 of Project Approval 09-0203 (as modified) which requires this IEA to: recommend measures or actions to improve the environmental performance of the project, and/or any strategy, plan or program required under these approvals. This IEA audited over the Project Approval, Statement of Commitments, EPLs, mining tenements, the Environmental Assessment and the relevant management plans, and identified a total of 33 non-compliances. Table 17 presents key recommendations stemming from this IEA in relation to all non-compliances with approvals and management plans. Table 17 is intended to provide guidance for WWC in resolving these non-compliances.
Table 17 Consolidated Audit Recommendations
Reference Recommendation Project Approval 09-0203 (as modified) Generally Initiate correspondence with relevant government agencies to follow up on outstanding approvals for management plans and licence amendments, where required.
Generally In future, WWC to record verbal conversations and agreements made with regulators regarding management plans, consents and actions, via written or email correspondence.
‘Soil and Water,’ Continue investigations as per the Water Management Plan West Wallsend Colliery Schedule 4 (Xstrata Coal, March 2013) in relation to groundwater extraction limit exceedances. Follow up on consultation with NoW on this issue of the proposed variations to existing borehole licence 20BL169793.
Statement of Commitments
6.15.1 Ensure that community newsletters are sent out six monthly, or confirm alternative approach with the DP&I.
Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010)
4.2.8 Same as for the ‘Soil and Water,’ Schedule 4 commitment made in the Project Approval 09-0203 (as modified).
Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013)
Generally Same as for the ‘Soil and Water,’ Schedule 4 commitment made in the Project Approval 09-0203 (as modified).
Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012)
7.2.2.1, 7.3.1.1 and Report on the rectification works undertaken across the site in response to the two 7.5.1.1 water incidents in the next Annual Review.
8.2 Continue dialogue with Registered Aboriginal Parties to further progress the development of the Aboriginal Cultural Heritage Training Package.
Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal)
3.3.2 and 3.6.2 Include the required greenhouse gas performance information in the next Annual Review for WWC.
3.6.2 Complete the annual online Energy Savings Action Plan during the next annual reporting period.
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Reference Recommendation General
Hydrocarbon The outside of one bund wall servicing a bulk fuel storage system was observed to Management have a minor crack. At the time of the audit, this bund nevertheless appeared to be performing adequately. However, the auditors have recommended that WWC undertake an inspection of bunds throughout the site to confirm that no structural integrity issues do arise in the future.
Hydrocarbon A chemical treatment facility for surface water was observed at EPL 1360 Point 2. At Management this site, a temporary set up of chemical storage drums was observed. It is understood that the chemical substances are used for flocking surface water to control sediment levels within discharge waters. At the time of undertaking the IEA, these drums did not appear to be adequately bunded. The auditors have made a recommendation that sites of temporary chemical storage at WWC be reviewed in future to confirm that bunding is adequate.
Air Quality Monitoring One depositional dust gauge at WWC (EPL 1360 Point 11) appeared, at the time of the IEA, to have been mounted on an old construction. The auditors have recommended that WWC undertake an inspection of that dust gauge to confirm that its placement continues to comply with the relevant Australian Standards.
Greater than Predicted Progress remediation plans for the Graben area of LW41 in consultation with the Subsidence Impacts relevant government agencies/affected stakeholders.
Grout Remediation Progress the remediation clean/up plan submission to government for approval, and Incident once approved, complete the works in line with the clean-up plan.
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Appendix A
Audit Team Curricula Vitae
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Appendix A Audit Team Curricula Vitae
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Résumé
Peter Horn Associate Director - Environment
Qualifications Career History Master of Applied Science (Environmental Peter has 18 years’ experience providing professional Management and Restoration) environmental services to industry and a further 15 years industry experience. Peter has extensive Bachelor Applied Science (Environmental Science) experience as a Director, Project Manager and Team Lead Auditor Environmental Compliance and Member for a range of clients in the management of Environmental Management Systems (certified by environmental controls and issues including RABQSA) environmental assessment, strategic environmental advice, EMS implementation and auditing, application Affiliations of ESD principles, contaminated land management and MEIANZ (Environmental Institute of Australia and New Legal compliance. His project direction experience Zealand) includes numerous multi-disciplinary projects with MCASANZ (Clean Air Society of Australia and New deliverables from a broad range of skill sets. Zealand) Peter has developed skills in all aspects of environmental management and a good general overview of the project development process. These skills include Project Management, Environmental Assessment, Environmental Constraints Analysis, Air Quality and Noise, Stakeholder Consultation, Site Investigation and Remediation, Hazardous Chemicals Management, Ecologically Sustainable Development, Environmental Management Systems, Energy and Climate Change, Water and Waste Water, Community Consultation, Approvals Management, Ecological Rehabilitation, Management of Contractors and Consultants and Communication with key Stakeholders including Regulatory Authorities. Peter has audited environmental compliance, Environmental Management Systems, NSW Planning approval conditions, Environment Protection License compliance, construction compliance and general environmental performance since completing an ISO 14000 based auditing course in 1997. He has been accepted by NSW Planning as a lead auditor on twelve audits, by NSW Division of resources and energy on two audits and by the NSW Office of Water on an audit to date.
23-Mar-2011 AECOM Résumé Peter Horn 2 Associate Director - Environment
Detailed Experience - Audited two electrical engineering manufacturing Auditing plants in Cardiff (NSW) and Mackay (Queensland) Peter is a certified lead auditor for Environmental and provided the risk elements and skeleton for Management Systems and Environmental Compliance an EMS at each site as a sole auditor. and has conducted a range of environmental audits - Compliance audit of a gas fired power station at across various industries including manufacturing, Barcaldine, Central Queensland Power for the mining, power generation, Defence and construction. establishment of and EMS (now Origin Energy). Audits have been focused on general environmental compliance, compliance with approval requirements, - EMS audits for University of Western Sydney and compliance with Environment Protection Licenses, Colongra Power Station. compliance with Environmental Management Systems, - Compliance audit of Eraring Energy’s Eraring industry best practice and cleaner production and due Power Station and six Hydro-electric generation diligence audits associated with sale or purchase of sites. assets. - Environmental management audit of New England Recent projects include: Trading’s Carrington building refurbishment - Audited three Defence sites and developed EMPs operation, NSW. for the sites based on the audit observations as - Eco-efficiency Audit of a portion of OneSteel’s sole auditor. steel rolling and reforming works at Waratah - Audit of the Environmental Management of a NSW. Focus on energy and waste efficiency sewage treatment plant for the Department of opportunities. Defence at Williamtown, NSW as a sole auditor. - Compliance Audits of Hunter Valley Operations, - Due diligence audit for Valspar of it’s Glendenning Warkworth, Mount Thorley mines for Coal and paint manufacturing facility focussed on the use Allied. and storage of Hazardous Chemicals. Senior - EPL compliance for CSA Mine (Cobar) and auditor in a team of four auditors. Ashton Coal Mines. - Environmental Compliance Audits of development Training approval conditions for an explosives mixing plant Train the Trainer, AECOM 2008 at Mount Thorley, NSW for Roche Blasting. Two Day Project Manager Training, PSMJ for AECOM - Independent Third Party Environmental Audits of Australia, 2007 Warkworth Mine (2 of), Muswellbrook Coal, Drayton Mine, Integra Mine, Bengalla Mine, Mount NSCA Course in OHS Consultation, 2002 Thorley Operations, Mount Owen Complex, Environmental Management Systems Auditor Training Werris Creek Mine, Wilpinjong Mine, Ravensworth – 1997 Underground Mine and Hydro Aluminium as an approved Lead Auditor (DoP). Professional History - Independent Third Party Compliance audits of 2006 to Current Exploration Licences as an approved lead auditor AECOM Australia Pty Limited by DTIRS DRE for Clarence Colliery and Associate Director – Environment, Principal Moolarben Mines. Environmental Scientist - Independent Third Party Compliance audit of 2005 to 2006 water licences at Ravensworth Surface Carbon Based Environmental Operations as an approved lead auditor (by NSW Ashton Coal Mine, Environmental Officer Office of Water). 2004 to 2005 - Independent Third Party Specialist Environmental Environmental Resources Management Audit of Air Quaity, Noise and Vibration at Senior Environmental Scientist Warkworth Mine as an approved lead auditor (NSW Dept of Planning). 1999 to 2004 Parsons Brinckerhoff - Due diligence audit for AGL pre-joint venture with Senior Environmental Scientist ACTEW which when successful formed a large joint venture to deliver energy, water and waste 1995 to 1999 water services to the Australian Capital Territory. ACIRL Senior Environmental Scientist/ Environmental Scientist/ Environmental Technician
23-Mar-2011 Résumé 1
Jessica Miller Graduate Environmental Planner
Qualifications Jessica has also prepared an Environmental Bachelor of Laws, University of Newcastle Assessment for a Major Project under Part 3A of the EPA Act for the construction of a bulk liquid fuel storage Advanced Diploma of Applied Environmental facility alongside the Newcastle Harbour. Management, Belmont TAFE In managing post approvals for clients, Jessica has Bachelor of Arts (Sociology and Anthropology), prepared the Annual Environmental Management University of Newcastle Report for Hydro Aluminium Kurri Kurri, as well as Awards reviewing and updating the Long Term Management College Dux, St Francis Xavier’s College, Hamilton, Strategy for Eraring Energy’s Coal Combustion in Years 11 and 12 Products. University of Newcastle Academic Excellence Award in In terms of managing client excellence, Jessica also Year 12 prepared winning a submission for Eraring Energy’s entry into the 2011 Hunter Manufacturing Awards. UAI 98.00 Jessica’s personal attributes and qualifications in law Career History and environmental management are well suited to Jessica commenced employment with AECOM in environmental auditing. Since joining AECOM, she has November 2010 as a Graduate Environmental Planner, prepared an audit protocol for the Ravensworth North having recently completed a Bachelor of Laws and an Project to assist with internal compliance. Jessica has Advanced Diploma of Applied Environmental also acted as audit assistant for Independent Management. Environmental Audits of Werris Creek Mine, In her time working at AECOM, Jessica has been Ravensworth Underground Mine, Mt Owen Mine and involved in the preparation of environmental Wilpinjong Mine. As audit assistant, Jessica was assessment reports for various project approvals, and responsible for developing audit protocol and formulae in the management of post approvals within the NSW for reporting environmental compliance, liaising with planning framework. key clients, and interpreting and determining issues of audit compliance. This has included writing several Reviews of Environmental Factors and Preliminary Environmental Jessica has also prepared audit protocol and findings Assessments for submission to the Australian Rail for Independent Audits of Exploration Licences at Track Corporation under Part 5 of the Environmental Moolarben Coal Mine and Clarence Colliery as part of Planning and Assessment Act 1974 (EPA Act), as part the NSW Department of Resources and Energy’s state- of the ARTC’s Curve Easing Program on the east coast wide audit of Exploration Licences in mid-2011. rail corridor, as well as a Part 5 Review of After starting at AECOM, Jessica was involved in Environmental Factors for the Roads and Maritime producing quarterly update reports on environmental Services to upgrade an intersection on the Central and occupational health and safety law amendments Coast Highway, and a Review of Environmental for Eraring Energy. This has involved providing detailed Factors for exploratory drilling works at Mangoola Coal information about the new Work Health and Safety Mine under Part 5 of the Act. Scheme in particular. Career History (cont)
Most recently Jessica has prepared an Environmental Impact Statement for a State Significant Development under Part 4 of the EPA Act, to convert Shell’s crude oil refinery in Parramatta into a refined oil storage facility.
21-May-2012 AECOM Résumé Jessica Miller 2 Graduate Environmental Planner
Throughout early 2012, Jessica also completed a five month secondment with AECOM’s New South Wales Commercial Team as a Contracts Advisor. This involved liaising with Commercial Counsel to review and assess contractual risks for AECOM, and drafting and negotiating new contractual terms with our key clients. After having returned to her duties as an Environmental Planner, Jessica continues on occasion to work alongside AECOM’s NSW Commercial Team to undertake contractual reviews and negotiations when this resource is required. Detailed Experience Jessica has worked on delivering reports to key clients including Review of Environmental Factors, Preliminary Environmental Assessment, and Environmental Assessment reports under the EPA Act. This has involved desktop environmental research, collating specialist information, and undertaking legal research. Jessica is experienced in post approvals management through preparing AEMR reports and undertaking several Independent Environmental Audits. She has prepared quarterly environmental and safety law update reports involving legal research and interpretation of statutes and case law. Jessica has reviewed and negotiated contacts for a range of AECOM projects. Conferences Attended AECOM’s Graduate Induction conference in Brisbane, March 2011 Training WorkCover NSW Construction Induction Communication for Success – EQ Delivering Successful Presentations Safety for Life Managing AECOM Projects (MAP) training course Languages Spanish – working knowledge Professional History 2010 - Present AECOM Graduate Environmental Planner
21-May-2012 Résumé
Henk Buys Technical Director - Ground
Career History Henk Buys is currently Technical Director, Ground Engineering at AECOM. He has more than 30 years professional experience in a broad range of geotechnical engineering projects with a particular emphasis on infrastructure projects in Australia, South
East Asia and South Africa. Prior to joining AECOM Qualifications Henk has worked for RMS as Manager, BSc (Civil Eng) University Of Cape Town 1977 Geotechnology. In the technical sphere his experience Affiliations includes slope stability, retention systems, cut and cover structures and heavy civil engineering works. In Member, Institution of Engineers Australia (Current) the asset management sphere his work has included Committee Member, Australian Geomechanics Society development of risk based guidelines for the (Current) management of various asset types including geotechnical structures and culverts. Recent work has Member, Working party for slope issues, National included adapting remote sensing, fibre optics and Disaster Mitigation Program (2005-2007) other leading technologies for geotechnical purposes, and assessment of surface impacts of longwall mining Member, Advisory Board for Priority Research for on major infrastructure corridors. This work received Geotechnical and Materials Modelling, University of the NSW Premiers Award for Infrastructure Innovation Newcastle (Current) in 2011.
Publications and Technical Papers Professional History Kay D J, Buys H G, Donald G S, Howard M D, Pells P J N, Management of the Hume Highway Pavement for 2010 - Present Subsidence Impacts from Longwall Mining, Proc 8th AECOM Triennial Conference on Management of Subsidence, Technical Director Ground Engineering Pokolbin NSW 2011 2004 - 2010 D. J. Kay, W. J. C. Meynink, H. G. Buys, P. L. DeBono, RTA H. Pinkster, Probabilistic Approach to Predicting Far Manager Geotechnology/Senior Geotechnical Engineer Field Horizontal Movements During Mining - Proc. Mine 1992- 2004 Subsidence Conference Wollongong 2007 Arup Stewart I E, Buys H G, Managing slope risk for a large Senior Associate highway network, Proc. International Conference on 1980 - 1991 Landslide Risk Management, Vancouver, Canada 2005 Kantey & Templer Buys H G, Soft Ground Temporary Works Techniques Water/Geotechnical Engineer and Design, Inaugural Tunnel Design and Construction 1978 - 1980 course, AUCTA 2003 Murray & Stewart Phillips A B, Clare D G, Buys H G, Geotechnical Design Site Engineer of a Casting Basin At Bunbury WA, Proc. 7th Australia
New Zealand Conf. On Geomechanics, Adelaide, South Australia Phillips A B, Buys H G, Warren-Gash D, Manning River Bridge Embankment, Proc. 7th Australia New Zealand Conf. On Geomechanics, Adelaide, South Australia
16-Jun-2010 1 of 2 Résumé Henk Buys AECOM Technical Director - Ground
Selected Mining Experience
R &D and Systems Development Mining Impacts Mining (current) Ongoing advice on impacts to surface infrastructure Development of guidelines for the evaluation of mining associated with longwall mining including bridges and impacts on road infrastructure including pavements road pavements. bridges, culverts, cuts and embankments. Technical committees (Current) Member of three technical committees managing Culverts (2010) surface impacts due to longwall mining. The technical Development of culvert risk management system for committees consist of technical specialists from RMS the RTA. Development of risk assessment process, and the mine proponent. The committees carry out including engineering input, database management, detailed risk assessments, develop infrastructure systems development, training management plans, monitoring plans and TARPs, Materials sources (2009) evaluate subsidence impacts and determine Development of remote sensing techniques for management actions to manage risks to RMS in identification of sources of construction materials for the relation to infrastructure, network availability and safety. RTA, including integration of various techniques Mining companies include BHPB, Metropolitan Coal including radiometric and magnetic surveys, DPI (Peabody) and NRE. borehole database information and integration. RMS guidelines(Current) Integration of this information with quarry databases Advice and development of evaluation processes to using GIS systems. assess longwall mining impacts on RTA’s infrastructure Fibre Optics (2008) including pavements bridges, culverts, cuts and Development of fibre optic monitoring systems for embankments at Douglas Park, Cataract Creek, pavements subject to mine subsidence. Helensburgh and the F3.
Subsidence monitoring (2005 to current) Development of fibre optic monitoring systems to monitor pavements subject to mining – Douglas Park. The system is the world’s first and largest pavement monitoring system using real time web based fibre optic monitoring devices feeding into a TARP to manage mining impacts on Australia’s busiest freight route. Energy2U Alliance (2012) Geotechnical advice for the development of a number of substations and other infrastructure for the E2U infrastructure development alliance, including advice on mitigation measures and foundation treatments for construction of electrical substations over old mine workings.
Ravensworth – compliance audit (2012) Audit of geotechnical and subsidence components of compliance audit for Ravensworth Underground Mine. West Wallsend – compliance audit (2013) Audit of geotechnical and subsidence components of compliance audit for Xstrata’s West Wallsend’s longwalls 44 and 45. South Bulga Colliery (2001) Geotechnical assessment of the impact of long wall mining below tailings dam at South Bulga coal mine, Hunter Valley NSW. Project included geotechnical site investigation, materials characterisation, assessment of dam wall stability and potential for flooding workings with tailings through the base of the dam.
16-Jun-2010 2 of 2 AECOM Independent Environmental Audit
Appendix B
Consultation
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit B-1
Appendix B Consultation
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 Mining Projects Contact: Sara Wilson Phone: 9228 6583 Planning & Fax: 92286466 lnfrastructure Email: [email protected]
Mr Wade Covey Environment and Community Manager Oceanic CoalAustralia Pty Ltd Xstrata Coal PO Box 4186 EDGEWORTH NSW 2285
West Wallsend Colliery Project (09_0203) Approval of I ndependent Envi ronmental Auditors
I refer to your letter dated 4 April 2013, seeking approval for AECOM to conduct the 2013 lndependent Environmental Audit for the West Wallsend Colliery Project in accordance with Condition 9 of Schedule 6 of the Project Approval.
The Department has reviewed the proposed audit team's competence and the Director- General endorses the following AECOM staff to carry out the audit:
a Peter Horn - Lead Auditor; a Jessica Miller - Audit Assistant; a Henk Buys - Subsidence Specialist; and
a Sharmin Lubonski- Peer Review.
The lndependent Environmental Audit Report should be submitted to the Department by the end of June 2013. lf you have any queries about these matters, please contact Sara Wilson on the details above.
Yours sincerely,
/¿* *L (U,l Howard Reed tt'+'(3 Manager, Mining Projects As nominee of the Director-General
23-33 Bridge St Sydney NSW 2000 GPO Box 39 Sydney NSW 2001 Phone 02 9228 6111 Fax02 9228 6466 www.planning.nsw.gov.au AECOM Independent Environmental Audit B-2
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Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit
Appendix C
Audit Meeting Agenda
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit C-1
Appendix C Audit Meeting Agenda
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Australia Pty Ltd +61 2 4911 4900 tel 17 Warabrook Boulevard +61 2 4911 4999 fax Warabrook NSW 2304 ABN 20 093 846 925 PO Box 73 Hunter Region MC NSW 2310 Australia www.aecom.com
Meeting Agenda
Pages 2
Subject West Wallsend Colliery Independent Environmental Audit
Venue West Wallsend Colliery Boardroom
Participants Peter Horn, Jessica Miller, Henk Buys, Charlie Allan, Wade Covey, Laura Barben, Alan Blakeney, Cassandra Jenkins, and Matthew Kete
File/Ref No. 60302473 Date 26 to 28 June 2013
Distribution As above
Time 8:30 am – 5:00 pm
Day 1 – Wednesday 26 June 2013 No Content Time Location 1 x Opening Meeting 9:00 Meeting Room x Introductions & Audit Purpose x Confirmation of Meetings and Process x Overview of WWC Lunch 12:30 2 x Review of Development Consent, Statement of 13:00 Meeting Room Commitments, Environmental Protection Licences and Mining Leases review Day End 17:00
Day 2 – Thursday 27 June 2013 No Content Time Location 1 x Review of WWC management plans 9:00 Board Room 2 x Subsidence specialist audit commences Meeting Room Lunch 12:30 3 x Subsidence site inspection 13:00 In field 4 x Review of WWC management plans 14:00 Board Room Day End 17:00
Day 3 – Friday 28 June 2013 No Content Time Location 1 x Review of WWC management plans 9:00 Board Room 2 x Site inspection of pit top facilities 11:00 In field
c:\users\millerj9\desktop\west wallsend audit\appendix c\audit agenda.docx
3 x Interview with WWC Training Coordinator Board Room Lunch 12:30 4 x Interview with Maintenance Supervisor 13:00 In field 5 x Review of WWC management plans 14:00 Board Room 6 x Auditor Review 14:30 Board Room 7 x Closeout Meeting 14:45 Board Room Day End 15:00
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Appendix D
Audit Protocol: Project Approval 09-0203 (as modified)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit F
Appendix D Audit Protocol: Project Approval-09-0203 (as modified)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 SCHEDULE 2 - ADMINISTRATIVE CONDITIONS OBLIGATION TO MINIMISE HARM TO THE ENVIRONMENT During the site visit the auditors noted that the WWC site was generally kept in a tidy and orderly condition. The Applicant shall implement all practicable measures to prevent and/or minimise While three isolated exceedances of water 1 any harm to the environment that may result from the construction, operation, or Complies quality/limit criteria have occurred during the audit rehabilitation of the development. period, no actual environmental harm incidences have taken place during the audit period. TERMS OF APPROVAL 2 The Applicant shall carry out the development generally in accordance with the: Apart from a few discrete non-compliances, the 2(a) EA; WWC has been operated largely in accordance with Complies the EA during the audit period. Apart from a few discrete non-compliances, the 2(b) Statement of commitments; and WWC has been operated largely in accordance with Complies the Statement of Commitments during the audit 2(c) Conditions of this approval Notes: Apart from a few discrete non-compliances, the - The general layout of the project is shown on the figures in Appendix 2. WWC has been operated largely in accordance with Complies - The statement of commitments is reproduced in Appendix 3. the Conditions of this approval during the audit period. If there is any inconsistency between the above documents, the more recent This was noted, however the audit did not require a 3 document shall prevail to the extent of the inconsistency. However, the conditions Not Triggered finding to be made on this point. of this approval shall prevail to the extent of any inconsistency. The Proponent shall comply with any reasonable requirement/s of the Director- Auditors viewed correspondence between DP&I and General arising from the Department’s assessment of: WWC outlining how WWC has responded to such 4 (a) any strategies, plans, programs, reviews, audits, reports or correspondence that Complies comments by DP&I in regards to WWC management are submitted in accordance with this approval; and plans. (b) the implementation of any actions or measures contained in these documents. LIMITS ON APPROVAL The Proponent may carry out mining operations on site until the end of December 2021. Note: Under this approval, the Proponent is required to rehabilitate the site and As stated in the Annual Review 2012, for the reporting perform additional undertakings to the satisfaction of either the Director-General or period 1 January to 31 December 2012, 5 Complies the Executive Director Mineral Resources. Consequently this approval will continue approximately 4.2 mega tonnes of ROM was to apply in all other respects other than the right to conduct mining operations until extracted at WWC. the rehabilitation of the site and these additional undertakings have been carried out satisfactorily. Note: Under this approval, the Proponent is required to rehabilitate the site and perform additional undertakings to the satisfaction of either the Director-General or the Executive Director Mineral Resources. Consequently this approval will This was noted, however the audit did not require a Not Triggered continue to apply in all other respects other than the right to conduct mining finding to be made on this point. operations until the rehabilitation of the site and these additional undertakings have been carried out satisfactorily. The Proponent shall: As stated in the Annual Review 2012, for the reporting (a) not extract more than 5.5 million tonnes of ROM coal from the site per calendar period 1 January to 31 December 2012, 6 year; and Complies approximately 4.2 mega tonnes of ROM was (b) transport all ROM coal extracted from the site to the Macquarie Coal extracted at WWC. Preparation Plant via the private haul road. The Proponent may carry out underground mining operations and associated This was noted, however the audit did not require a 7 Not Triggered surface operations 24 hours a day, 7 days a week. finding to be made on this point. The Proponent shall restrict construction operations associated with the Mining Construction of the MSF did not commence during 8 Services Facility to 7am to 6pm Monday to Friday and 8am to 1pm Saturday, Not Triggered the audit period. unless inaudible at any residential premises. Surrender of Consents This process is only partially complete. Auditors viewed correspondence with DP&I providing an By the end of December 2012, or as otherwise agreed by the Director-General, the extension to 30 June 2013 for these consents to be Proponent shall surrender all existing development consents for mining operations 9 surrendered. WWC submitted a further request to Complies relied on by the Proponent for the site (other than this approval) in accordance with DP&I on 28 June 2013 to extend this date out until the Section 104A of the EP&A Act. end of 2013, and is continuing its consultation with DP&I on this issue. Note: This requirement does not extend to the surrender of the 1981 Stockton Borehole Colliery consent or to construction and occupation certificates for existing and proposed building works under Part 4A of the EP&A Act. Surrender of a consent or approval should not be understood as implying that works legally constructed under a valid consent or approval can no longer be legally maintained or used. Prior to the surrender of these consents, the conditions of this approval (including This was noted, however the audit did not require a 10 any notes) shall prevail to the extent of any inconsistency with the conditions of Not Triggered finding to be made on this point. these consents. STRUCTURAL ADEQUACY The Proponent shall ensure that all new buildings and structures, and any alterations or additions to existing buildings and structure, that are part of the project are constructed in accordance with: Construction of the MSF did not commence during 11 Not Triggered (a) the relevant requirements of the BCA; and the audit period. (b) any additional requirements of the MSB where the building or structure is located on land within declared Mine Subsidence Districts. Notes: - Under Part 4A of the EP&A Act, the Proponent is required to obtain construction and occupation certificates for the proposed building works. - Part 8 of the EP&A Regulation sets out the requirements for the certification of This was noted, however the audit did not require a Not Triggered the project. finding to be made on this point. - Under Section 15 of the Mine Subsidence Compensation Act 1961, the Proponent is required to obtain the MSB’s approval before constructing any improvements within a Mine Subsidence District.
60302473 Appendix D 1 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 DEMOLITIONSCHEDULE 2 - ADMINISTRATIVE CONDITIONS The Proponent shall ensure that all demolition work is carried out in accordance 12 with Australian Standard AS 2601-2001: The Demolition of Structures, or its latest This has not been required during the audit period. Not Triggered version. OPERATION OF PLANT AND EQUIPMENT WWC operates under its Surface Equipment Maintenance Plan: West Wallsend Colliery (Xstrata Coal, March 2013), its Surface Mobile Equipment The Proponent shall ensure that all plant and equipment used at the site is: Maintenance Plan: West Wallsend Colliery (Xstrata 13 (a) maintained in a proper and efficient condition; and Coal, August 2011), and its Development Complies (b) operated in a proper and efficient manner. Maintenance Plan: West Wallsend Colliery (Xstrata Coal, October 2012). Auditors also viewed examples of daily and weekly maintenance inspection schedules. Staged Submission of Strategies, Plans or Programs With the approval of the Director-General, the Proponent may submit any This was noted, however the audit did not require a 14 Not Triggered strategies, plans or programs required by this approval on a progressive basis. finding to be made on this point. Notes: - While any strategy, plan or program may be submitted on a progressive basis, the Proponent will need to ensure that the existing operations on site are covered by suitable strategies, plans or programs at all times; and - If the submission of any strategy, plan or program is to be staged, then the relevant strategy, plan or program must clearly describe the specific stage to which the strategy, plan or program applies, the relationship of this stage to any future stages, and the trigger for updating the strategy, plan or program. SCHEDULE 3 - SPECIFIC ENVIRONMENTAL CONDITIONS UNDERGOUND MINING SUBSIDENCE Performance Measures - Natural Heritage Features etc. The Proponent shall ensure that the project does not cause any exceedances of Compliance with these requirements is reported in 1 Complies the performance measures in Table 1, to the satisfaction of the Director-General. Table 3.21 of the Annual Review 2012.
60302473 Appendix D 2 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 SCHEDULE 2Notes: - ADMINISTRATIVE CONDITIONS - The Proponent will be required to define more detailed performance indicators (including impact assessment criteria) for each of these performance measures in the various management plans that are required under this approval. - Measurement and/or monitoring of compliance with performance measures and performance indicators is to be undertaken using generally accepted methods that are appropriate to the environment and circumstances in which the feature or characteristic is located. These methods are to be fully described in the relevant management plans. In the event of a dispute over the appropriateness of proposed methods, the Director- General will be the final arbiter. - The requirements of this condition only apply to the impacts and consequences of mining operations, construction or demolition undertaken following the date of this approval. Offsets If the Proponent exceeds the performance measures in Table 1 and the Director- General determines that: (a) it is not reasonable or feasible to remediate the impact or environmental consequence; or (b) remediation measures implemented by the Proponent have failed to 2 Complies satisfactorily remediate the impact or environmental consequence; then the Proponent shall provide a suitable offset to compensate for the impact or Compliance with these requirements is reported in environmental consequence, to the satisfaction of the Director-General. Table 3.21 of the Annual Review 2012. Therefore, no Note: Any offset required under this condition must be proportionate with the requirements for offsets have arisen during the significance of the impact or environmental consequence. auditing period. Performance Measures - Built Features Compliance with these requirements is reported in Table 3.21 of the Annual Review 2012. Therefore, no The Proponent shall ensure that the project does not cause any exceedances of requirements for offsets have arisen during the 3 Complies the performance measures in Table 2, to the satisfaction of the Director-General. auditing period. Public Safety was addressed during the two subsidence impact incidents and the Public Safety Plan was in place.
Notes: - The Proponent will be required to define more detailed performance indicators for each of these performance measures in Built Features Management Plans or Public Safety Management Plan (see condition 5 below). - Measurement and/or monitoring of compliance with performance measures and performance indicators is to be undertaken using generally accepted methods that are appropriate to the environment and circumstances in which the feature or characteristic is located. These methods are to be fully described in the relevant management plans. In the event of a dispute over the appropriateness of proposed methods, the Director-General will be the final arbiter. - The requirements of this condition only apply to the impacts and consequences of mining operations undertaken following the date of this approval. - Requirements under this condition may be met by measures undertaken in accordance with the Mine Subsidence Compensation Act 1961. Requirements regarding safety or serviceability do not prevent preventative or mitigatory actions being taken prior to or during mining in order to achieve or maintain these outcomes. Any dispute between the Proponent and the owner of any built feature over the interpretation, application or implementation of the performance measures in Table 4 2 is to be settled by the Director-General, following consultation with the MSB and This has not been required during the audit period. Not Triggered the Executive Director Mineral Resources. Any decision by the Director- General shall be final and not subject to further dispute resolution under this approval. Extraction Plan Copies of the Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata The Proponent shall prepare and implement an Extraction Plan for second Coal, July 2012) and the Longwall 44 and 45 5 workings on site to the satisfaction of the Director-General. Each extraction plan Complies Extraction Plan and Subsidence Management Plan must: West Wallsend Colliery (Xstrata Coal, March 2013) were viewed by the auditors. The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) and the Longwall 44 and 45 Be prepared by suitably qualified and experienced persons whose appointment 5(a) Extraction Plan and Subsidence Management Plan Complies has been endorsed by the Director-General; West Wallsend Colliery (Xstrata Coal, March 2013) viewed by the auditors were formed in consultation with DP&I.
60302473 Appendix D 3 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 SCHEDULE 2 - ADMINISTRATIVE CONDITIONS The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) and the Longwall 44 and 45 Be approved by the Director-General before the Proponent carries out any of the 5(b) Extraction Plan and Subsidence Management Plan Complies second workings covered by the plan; West Wallsend Colliery (Xstrata Coal, March 2013) viewed by the auditors were formed in consultation with DP&I. The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Include detailed plans of existing and proposed first and second workings and any Coal, July 2012) and the Longwall 44 and 45 5(c) Complies associated surface development; Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) meet these requirements. The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Include detailed performance indicators for each of the performance measures in Coal, July 2012) and the Longwall 44 and 45 5(d) Complies Tables 1 and 2; Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) meet these requirements. The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Provide revised predictions of the potential subsidence effects, subsidence Coal, July 2012) and the Longwall 44 and 45 5(e) impacts and environmental consequences of the proposed second workings, Complies Extraction Plan and Subsidence Management Plan incorporating any relevant information obtained since this approval; West Wallsend Colliery (Xstrata Coal, March 2013) meet these requirements. The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Describe the measures that would be implemented to ensure compliance with the Coal, July 2012) and the Longwall 44 and 45 5(f) performance measures in Tables 1 and 2, and manage or remediate any impacts Complies Extraction Plan and Subsidence Management Plan and/or environmental consequences; West Wallsend Colliery (Xstrata Coal, March 2013) meet these requirements. Include a Built Features Management Plan, which has been prepared in consultation with DRE and the owners of affected public infrastructure, to manage the potential subsidence impacts and/or environmental consequences of the proposed second workings, and which: - Addresses in appropriate detail all items of key public infrastructure and other public infrastructure and all classes of other built features; - Has been prepared following appropriate consultation with the owner/s of potentially affected feature/s; The Built Features Management Plan West Wallsend 5(g) - Recommends appropriate remedial measures and includes commitments to Colliery (Xstrata Coal, March 2013) meets these Complies mitigate, repair, replace or compensate all predicted impacts on potentially requirements. affected built features in a timely manner; and - In the case of all key public infrastructure, and other public infrastructure except roads, trails and associated structures, reports external auditing for compliance with ISO 31000 (or alternative standard agreed with the infrastructure owner) and provides for annual auditing of compliance and effectiveness during extraction of longwalls which may impact the infrastructure; - Include a revised and updated F3 Freeway Management Plan; Include a Water Management Plan, which has been prepared in consultation with OEH and NOW, which provides for the management of the potential impacts and/or environmental consequences of the proposed second workings on watercourses and aquifers, including: - Surface and groundwater impact assessment criteria, including trigger levels for The Water Management Plan West Wallsend Colliery 5(h) investigating any potentially adverse impacts on water resources or water quality; (Xstrata Coal, March 2013) meets these Complies - A program to monitor and report stream flows, assess any changes resulting from requirements. subsidence impacts and remediate and improve stream stability; - A program to monitor and report groundwater inflows to underground workings; - A program to predict, manage and monitor impacts on groundwater bores on privately-owned land; and
Include a Biodiversity Management Plan, which has been prepared in consultation The Biodiversity Management Plan West Wallsend with OEH, which provides for the management of the potential impacts and/or Colliery (Xstrata Coal, March 2013) meets these environmental consequences of the proposed second workings on aquatic and 5(i) requirements. Section 2.3 of the Plan explains how Complies terrestrial flora and fauna, with a specific focus on threatened species [particularly consultation with OEH was undertaken during the the black-eyed susan (Tetratheca juncea )], populations and their habitats; Plan's formation. endangered ecological communities; and water dependent ecosystems; Include a Land Management Plan, which has been prepared in consultation with any affected public authorities, to manage the potential impacts and/or The Land Management Plan West Wallsend Colliery 5(j) environmental consequences of the proposed second workings on land in general, (Xstrata Coal, March 2013) meets these Complies with a specific focus on cliffs, minor cliffs, cliff terraces, rock face features and requirements. steep slopes; The Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) Include a Heritage Management Plan, which has been prepared in consultation meets these requirements for Aboriginal heritage with OEH and relevant stakeholders for both Aboriginal and historic heritage, to management. Subsidence remediation works were 5(k) manage the potential environmental consequences of the proposed second not required to be undertaken near to historic heritage Complies workings on both Aboriginal and non-Aboriginal heritage items, and includes all sites at WWC during the audit period. However, requirements under conditions 18-20 of Schedule 4; WWC maintains Arch GIS mapping of these heritage items so that this training can be undertaken if and when this need does arise. The Public Safety Management Plan West Wallsend Include a Public Safety Management Plan, which has been prepared in 5(l) Complies consultation with DRE, to ensure public safety in the mining area; Colliery (Xstrata Coal, March 2013) meets these requirements. Include a subsidence monitoring program, which has been prepared in consultation with DRE and OEH, to: - Provide data to assist with the management of the risks associated with subsidence; The Subsidence Monitoring Program West Wallsend 5(m) - Validate the subsidence predictions; Colliery (Xstrata Coal, March 2013) meets these Complies - Analyse the relationship between the predicted and resulting subsidence effects requirements. and predicted and resulting impacts under the plan and any ensuing environmental consequences; and - Inform the contingency plan and adaptive management process;
60302473 Appendix D 4 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 SCHEDULE 2 - ADMINISTRATIVE CONDITIONS Include a contingency plan that expressly provides for adaptive management where The Subsidence Contingency Plan West Wallsend 5(n) monitoring indicates that there has been an exceedance of any performance Colliery (Xstrata Coal, March 2013) meets these Complies measure in Tables 1 and 2, or where any such exceedance appears likely; requirements. The Draft Rehabilitation and Environmental Proposes appropriate revisions to the Rehabilitation Management Plan required Management Plan (REMP) West Wallsend Colliery 5(o) Complies under condition 29 of Schedule 4; and (Xstrata Coal, January 2013) will meet these requirements. 5(p) Include a program to collect sufficient baseline data for future Extraction Plans. Notes: The Biodiversity Management Plan West Wallsend - To identify the longwall mining domains referred to in this condition, see Colliery (Xstrata Coal, March 2013), Water Appendix 2. Management Plan West Wallsend Colliery (Xstrata Complies - An SMP that is substantially consistent with this condition and which is approved Coal, March 2013) and Surface Water Management by DRE prior to 30 September 2012 is taken to satisfy the requirements of this Plan West Wallsend Colliery (Xstrata Coal). condition. Such an SMP may also be subject to later variation. The Proponent shall ensure that the management plans required under conditions 5(g)-(l) above include: (a) An assessment of the potential environmental consequences of the Extraction The management plans outlined above meet these 6 Plan, incorporating any relevant information that has been obtained since this Complies requirements. approval; and (b) A detailed description of the measures that would be implemented to remediate predicted impacts. First Workings The Proponent may carry out first workings on site, other than in accordance with an approved Extraction Plan, provided that DRE is satisfied that the first workings This was noted, however the audit did not require a 7 Not Triggered are designed to remain long-term stable and nonsubsiding, except insofar as they finding to be made on this point. may be impacted by approved second workings. Note: The intent of this condition is not to require an additional approval for first workings, but to ensure that first workings are built to geotechnical and engineering standards sufficient to ensure long term stability, with zero resulting subsidence impacts. Payment of Reasonable Costs The Proponent shall pay all reasonable costs incurred by the Department to 8 engage suitably qualified, experienced and independent experts to review the This has not been required during the audit period. Not Triggered adequacy of any aspect of an Extraction Plan. SCHEDULE 4 - SPECIFIC ENVIRONMENTAL CONDITIONS - GENERAL NOISE Noise Criteria Until 31 December 2012, the Proponent shall ensure that the noise generated by 1 the project does not exceed the criteria in Table 3 at any residence on privately- Not Compliant owned land or on more than 25 per cent of any privately-owned land.
During the Q3 2012 noise monitoring, exceedances were identified at R1, R4 and R5 on the night of 24 September 2012, and at R5 and R6 on the nights of 24 and 25 September. Additional monitoring was undertaken during October 2012. One exceedance at R4 was identified during evening and night noise monitoring on 30 October 2012. Monitoring work undertaken in November and December 2012 showed that WWC was compliant with adjacent criteria (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)). Notes: - To interpret the locations referred to Table 3, see the plan and associated list in - Appendix 5. - Noise generated by the project is to be measured in accordance with the relevant requirements, and exemptions (including certain meteorological conditions), of the NSW Industrial Noise Policy. It is noted that noise is not monitored at R7 as a However, these noise criteria do not apply if the Proponent has an agreement with private agreement has been entered into with that the relevant landowner to generate higher noise levels, and the Proponent has landowner, and R8 monitoring has not commenced advised the Department in writing of the terms of this agreement. as construction of the MSF did not commence during the audit period (Annual Review 2012).
60302473 Appendix D 5 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 SCHEDULE 2 - ADMINISTRATIVE CONDITIONS Monitoring results from Q1 2013, which were the only From 1 January 2013, the Proponent shall ensure that the noise generated by the results available at the time of the audit, showed no 2 project does not exceed the criteria in Table 4 at any residence on privately-owned exceedances of these criteria (West Wallsend Complies land or on more than 25 per cent of any privately-owned land. Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)).
Notes: - To interpret the locations referred to Table 4, see the plan and associated list in Appendix 5. - Noise generated by the project is to be measured in accordance with the relevant requirements, and exemptions (including certain meteorological conditions), of the NSW Industrial Noise Policy. It is noted that noise is not monitored at R7 as a However, these noise criteria do not apply if the Proponent has an agreement with private agreement has been entered into with that the relevant landowner to generate higher noise levels, and the Proponent has landowner, and R8 monitoring has not commenced advised the Department in writing of the terms of this agreement. as construction of the MSF did not commence during the audit period (Annual Review 2012). Cumulative Noise Criteria Monitoring results from Q1 2013, which were the only The Proponent shall implement all reasonable and feasible measures to ensure results available at the time of the audit, showed no that the noise generated by the project combined with the noise generated by other 3 exceedances of these criteria (West Wallsend Complies mines in the area does not exceed the criteria in Table 5 at any residence on Colliery Noise Compliance Report: Bradford Breaker privately-owned land or on more than 25 per cent of any privately-owned land. (Global Acoustics, April 2013)).
Note: Cumulative noise is to be measured in accordance with the relevant requirements, and exemptions (including certain meteorological conditions), of the NSW Industrial Noise Policy. Noise Mitigation Upon receiving a written request from the owner of the residence listed in Table 6, the Proponent shall implement noise mitigation measures (such as double-glazing, insulation, and/or air conditioning) at the residence in consultation with the 4 landowner. These measures must be reasonable and feasible. If within 3 months This has not been required during the audit period. Not Triggered of receiving this request from the owner, the Proponent and the owner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Director-General for resolution.
Note: To identify the location referred to in Table 6, see the plan and associated list in Appendix 5. The Proponent shall ensure that the following noise mitigation measures are undertaken by the end of December 2012: These works were completed in December 2012, and (a) All necessary works to ensure an operational noise reduction of 10dB(A) at the the 10 dB(A) reduction was achieved (West Wallsend 5 Complies coal breaker; and Colliery Noise Compliance Report: Bradford Breaker (b) Any additional works to ensure compliance with the noise criteria in Table 4, (Global Acoustics, April 2013)). to the satisfaction of the Director-General. Noise Compliance Report The Proponent shall prepare a Noise Compliance Report for the project to the satisfaction of the Director-General. The report must: The West Wallsend Colliery Noise Compliance (a) Be prepared by a suitably qualified acoustic consultant, whose appointment Report: Bradford Breaker (Global Acoustics, April has been approved by the Director-General; 2013) was prepared to meet these criteria. The plan (b) Be prepared in consultation with OEH, and be submitted to the Director-General was submitted at the end of April 2013, and was 6 Complies for approval by the end of March 2013; therefore late by one month. However, interviews with (c) Investigate and evaluate the effectiveness of the noise mitigation measures WWC environment personnel explain that DP&I did required under condition 5 above to comply with the noise criteria in Table 4; and allow an extension on this timeframe to align with the (d) If required, include an action plan to implement additional measures and a submission of Annual Review 2012. protocol for monitoring the effectiveness of these measures. Operating Conditions The Proponent shall: (a) Implement best management practice, including all reasonable and feasible The West Wallsend Colliery Noise Compliance noise mitigation measures to minimise the construction, operational and road Report: Bradford Breaker (Global Acoustics, April 7 Complies traffic noise generated by the project; and 2013) was prepared to meet these requirements and (b) Regularly assess the results of noise monitoring to ensure compliance with the was sent to DP&I. relevant conditions of this approval, to the satisfaction of the Director-General.
60302473 Appendix D 6 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 NoiseSCHEDULE Management 2 - ADMINISTRATIVE Plan CONDITIONS The Noise Management Plan West Wallsend Colliery (Xstrata Coal) was submitted to DP&I and the EPA branch of OEH on 24 July 2012. This plan was also The Proponent shall prepare and implement a Noise Management Plan for the provided t LMCC. Comments were received from project to the satisfaction of the Director-General. This plan must: DP&I on 10 August 2012. The EPA responded on 27 (a) Be prepared in consultation with OEH and Council, and submitted to the July 2012, stating that, while they supported the Director-General for approval within 6 months of this approval; implementation of such plans, they would not review (b) describe the noise mitigation measures that would be implemented to ensure and provide comments on the plan. On 20 December compliance with the relevant conditions of this approval; 2012 WWC received comments from LMCC. On 21 8 Complies (c) Include a protocol for continual improvement of noise performance; and June 2013, WWC resubmitted this plan to DP&I after (e) include a noise monitoring program that: updating it to include the outcomes of updated noise - Uses a combination of attended and unattended monitoring to evaluate the management measures as per the Noise Compliance performance of the project; and Report. WWC is still awaiting final approval of the - Includes a protocol for determining exceedances of the relevant conditions of this plan from the Director-General. Section 6 of the plan approval. explains the noise monitoring program including attended and unattended monitoring, and Section 6.2 of the plan includes a protocol for determining exceedances. AIR QUALITY AND GREENHOUSE GAS Odour During the audit period no offensive odours have been The Proponent shall ensure that no offensive odours are emitted from the site, as noticed in relation to the operations at WWC. Also, no 9 Complies defined under the POEO Act. community complaints regarding odour have been received. Greenhouse Gas Emissions This is managed according to the Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal). The GHG performance of WWC continues to be reported as part of Xstrata's Australia-wide operations under the National The Proponent shall implement all reasonable and feasible measures to minimise Greenhouse and Energy Reporting Act 2007.GHG 10 the release of greenhouse gas emissions from the site to the satisfaction of the Complies management plan used, and NGER reporting Director-General. undertaken. In 2012 a review was also undertaken to determine an Energy Savings Action Plan and Energy Efficiency Opportunities. WWC also plans to undertake an energy audit in 2013 to identify any further energy reduction opportunities. Air Quality Criteria The Proponent shall implement all reasonable and feasible mitigation measures to No concentration limit exceedances of air quality ensure that the particulate emissions generated by the project do not exceed the 11 criteria were recorded at EPL monitoring points within Complies criteria listed in Tables 7, 8 and 9 at any residence on privately-owned land or on WWC during the audit period. more than 25 per cent of any privately-owned land.
Notes to Tables 7-9: - a Total impact (i.e. incremental increase in concentrations due to the project plus background concentrations due to other sources); - b Incremental impact (i.e. incremental increase in concentrations due to the project on its own); - c Deposited dust is to be assessed as insoluble solids as defined by Standards Australia, AS/NZS 3580.10.1:2003: Methods for Sampling and Analysis of Ambient Air - Determination of Particulate Matter - Deposited Matter - Gravimetric Method; and - d Excludes extraordinary events such as bushfires, prescribed burning, dust storms, sea fog, fire incidents, illegal activities or any other activity agreed to by the Director-General in consultation with OEH.
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Clause Requirement Evidence Audit Finding Project Approval 09-0203 OperatingSCHEDULE Conditions 2 - ADMINISTRATIVE CONDITIONS Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and unsealed The Proponent shall: access roads, that weekly sweeping of paved store (a) Implement best practice air quality management, including all reasonable and areas and haul loop are undertaken, and that dust feasible measures to minimise off-site odour, fume and dust emissions generated flaps are situated on the ROM bin. During the site by the project, including from any spontaneous combustion on site, visit, auditors also found the site to be maintained in a 12 (b) Minimise any visible air pollution generated by the project; and clean and tidy manner. Auditors also viewed monthly Complies (c) Regularly assess the air quality monitoring and meteorological data, and site inspection records confirming how the site is relocate, modify and/or suspend operations to ensure compliance with the relevant maintained. Camera network for onsite dust conditions of this approval; emissions was also sighted by the auditors during the to the satisfaction of the Director-General. site visit. No exceedances of depositional dust criteria were recorded during the audit period. Interviews with WWC environment staff also confirmed that spontaneous combustion is not an issue for the WWC site. Air Quality and Greenhouse Gas Management Plan The Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) was submitted to DP&I, and the EPA branch of OEH on 24 The Proponent shall prepare and implement a detailed Air Quality & Greenhouse July 2012. Comments were received from DP&I on 10 Gas Management Plan for the project to the satisfaction of the Director-General. August 2012. The EPA responded on 27 July 2012, This plan must: stating that, while they supported the implementation (a) Be prepared in consultation with OEH, and submitted to the Director-General of such plans, they would not review and provide for approval within 6 months of this approval; comments on the plan. On 21 June 2013, WWC (b) Describe the measures that would be implemented to ensure compliance with resubmitted this plan to DP&I, and is still awaiting 13 Complies the relevant conditions of this approval; final approval of the plan from the Director-General. (c) Describe the measures that would be implemented to minimise the greenhouse Sections 2.4 and 3.4 of the plan identify the measures gas emissions from the site; and to be implemented to ensure compliance with the (d) Include an air quality monitoring program to evaluate the performance of the relevant conditions of the approval. Section 3.4 project and includes a protocol for determining exceedances with the relevant explains the measures that would be implemented to conditions of this approval. minimise the greenhouse gas emissions from WWC. Section 2.5 details the air quality monitoring program to evaluate performance, including protocol for determining exceedances. METEOROLOGICAL MONITORING Auditors viewed correspondence between WWC and Novecom regarding the supply and installation of the Sentinex Weather Monitoring System that is now located at WWC. This correspondence from During the life of the project, the Proponent shall ensure that there is a suitable Novecom confirmed that the System would comply meteorological station operating in the vicinity of the site that complies with the with the Approved Methods for the Sampling and 14 Complies requirements in the Approved Methods for Sampling of Air Pollutants in New South Analysis of Air Pollutants in New South Wales (DEC, Wales guideline. 2006) (specifically AM-2 Guide for measurement of horizontal wind for air quality applications , and the AM-4 Meteorological monitoring guidance for regulatory modelling applications ), as well as with Australian Standard 4580.14-2012. SOIL AND WATER During 2012 WWC extracted and discharged 1213.4 ML of groundwater from LW11 borehole, in excess of the current groundwater licence 20BL169793 limit of 360 ML per annum, and in exceedance of the proposed variation to that annual limit of 1000 ML. Evidence was presented demonstrating NSW Office Complies- Note: Under the Water Act 1912 and/or the Water Management Act 2000, the of Water (Fergus Hancock) agreement that the Recommendati Proponent is required to obtain the necessary water licences for the project. discharge limit of 20BL169793 is 1000ML (dated 12th on Made August 2010) until otherwise confirmed. As reported in Section 3.4.2 of the Annual Review 2012, this triggered the TARP under the Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013). Compensatory Water Supply The Proponent shall provide a compensatory water supply to any landowner of privately-owned land whose water entitlements are adversely impacted (other than 15 This has not been required during the audit period. Not Triggered an impact that is negligible) as a result of the project, in consultation with NOW, and to the satisfaction of the Director-General. The compensatory water supply measures must provide an alternative long-term supply of water that is equivalent to the loss attributed to the project. Equivalent water supply must be provided (at least on an interim basis) within 24 hours of the loss being identified. If the Proponent and the landowner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Director-General for resolution. If the Proponent is unable to provide an alternative long-term supply of water, then the Proponent shall provide alternative compensation to the satisfaction of the Director-General.
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Clause Requirement Evidence Audit Finding Project Approval 09-0203 SurfaceSCHEDULE Water 2 - DischargesADMINISTRATIVE CONDITIONS On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL point 2. On 1 The Proponent shall ensure that all surface water discharges from the site comply March 2013 unmetered discharge was also observed 16 Not Compliant with the discharge limits (both volume and quality) set for the project in any EPL. from the Bottom Dam and the North East Dam. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. Surface Water Management Plan The Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) was submitted to DP&I, and the EPA branch of OEH on 24 July 2012, and to the NSW Office of Water on 17 July 2012. Comments The Proponent shall prepare and implement a Surface Water Management Plan were received from DP&I on 10 August 2012. The for the project to the satisfaction of the Director-General. This plan must be EPA responded on 27 July 2012, stating that, while prepared in consultation with NOW and OEH by suitably qualified and experienced 17 they supported the implementation of such plans, Complies persons whose appointment has been endorsed by the Director-General, and they would not review and provide comments on the submitted to the Director-General for approval within 6 months of this approval. plan. The Office of Water also provided feedback on 5 This plan must include: December 2012. On 21 June 2013, WWC resubmitted this plan to DP&I and the Office of Water, and is still awaiting final approval of the plan from the Director-General and Office of Water. A comprehensive water balance for the project, that includes details of: - Sources and security of water supply; This is included in section 5 of the Surface Water 17(a) - Water use on site; Management Plan West Wallsend Colliery (Xstrata Complies - Water management on site; Coal). - Off-site water transfers; and Management plans for the surface facilities sites, that include: - A detailed description of water management systems for each site, including: These requirements are included in sections 4.1.1, - Clean water diversion systems; 4.1, 4.3, 4.7, 4.1.3, 4.1.6, 4.1.7, 5.2.1, 6, and 7 of the - Erosion and sediment controls; and Surface Water Management Plan West Wallsend - Any water storages; Colliery (Xstrata Coal). The Surface Water 17(b) Complies - Measures to minimise potable water use and to reuse and recycle water; Management Plan West Wallsend Colliery (Xstrata - Measures to comply with surface water discharge limits; Coal) forms part of the overall sustainable - Measures to manage sewage wastewater in accordance with Council development plan system for the entire WWC site, requirements; and which includes the longwall and extraction plans. - Monitoring and reporting procedures. Note: This plan must be suitably integrated with the Water Management Plan that forms a part of an Extraction Plan. HERITAGE Potential Avoidance of Heritage Items The Proponent shall protect the heritage items identified in Table 2 of Appendix 4 These sites have not been undermined during the 18 unless the Proponent can demonstrate, to the satisfaction of the Director-General, audit period. WWC are currently undertaken further Not Triggered that sites of a similar nature and similar significance exist in the SSCA. survey work to find alternative sites. Minimisation of Impact to Heritage Items Palmers Creek grinding grooves have been protected. The Diega Creek grinding grooves 6 and Bangalow Creek grinding grooves are also committed to being The Proponent shall protect the heritage item identified in Table 3(a) of Appendix 4 protected. These sites would not be impacted unless unless the Proponent can demonstrate, to the satisfaction of the Director-General, 19 suitable offsets can be found to provide for Complies that the measures relating to the sites in Table 3(b), identified in section 8.2.3 of intergenerational equity. WWC are currently the EA Technical Paper (Appendix 12 Part 1) have been achieved. undertaking more archaeological surveys to find more areas that could be used for offsets if impacts to current sites do occur. Management of Heritage Items Prior to carrying out any development on site that could impact the heritage items Compliance with these requirements has been found identified in Table 4 of Appendix 4, the Proponent shall undertake the management as per the Aboriginal Cultural Heritage Management 20 and mitigation measures identified in section 8.4 of the EA Technical Paper Complies Plan West Wallsend Colliery (Xstrata Coal, June (Appendix 12 Part 1) in consultation with the relevant Aboriginal stakeholders, and 2012). in accordance with methodologies approved by the Director-General. Note: The methodologies for the management and mitigation measures are to be outlined in the Heritage Management Plan that forms part of the Extraction Plans. TRANSPORT Monitoring of Coal Transport The Proponent shall: (a) Keep accurate records of the amount of coal transported from the site (on a This information is available within the Annual Review 21 monthly basis); and Complies 2012 which is available on the WWC website. (b) Make these records publicly available on its website at the end of each calendar year. Wakefield Road Intersection The Proponent shall ensure that the intersection of the Mine Services Facility site access road and Wakefield Road is: Construction of the MSF did not commence during 22 (a) Constructed prior to the construction of the Mine Services Facility; Not Triggered the audit period. (b) Not constructed until the intersection designs are approved by Council; and (c) Constructed and maintained to the satisfaction of Council.
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Clause Requirement Evidence Audit Finding Project Approval 09-0203 TrafficSCHEDULE Management 2 - ADMINISTRATIVE Plan CONDITIONS The Proponent shall prepare and implement a Traffic Management Plan for the site to the satisfaction of Council. The plan shall focus on traffic management along Wakefield Road to minimise potential conflicts between road users and to ensure Construction of the MSF did not commence during 23 that the intersection of the Mine Services Facility access road and Wakefield Road Not Triggered the audit period. is operating effectively. The plan must be developed in consultation with the Council and the CCC, and must be submitted for the approval of the Director- General prior to the commencement of construction of the Mine Services Facility. VISUAL Visual Amenity and Lighting
The Proponent shall: (a) Implement all reasonable and feasible measures to minimise the visual and off- site lighting impacts of the project; WWC commissioned an external obtrusive lighting 24 (b) Ensure no unshielded outdoor lights shine above the horizontal; and audit in December 2012, and no non-compliances Complies (c) Ensure that all external lighting associated with the project complies with were found. Australian Standard AS4282 (INT) 1995 – Control of Obtrusive Effects of Outdoor Lighting, to the satisfaction of the Director-General. WASTE Monthly waste generation is reported monthly within The Proponent shall: Xstrata as per the details that are received from JR (a) Minimise and monitor the waste generated by the project; Richards, the waste contractor. Waste contractor (b) Ensure that the waste generated by the project is appropriately stored, handled provides a specialist check each week to confirm that and disposed of; 25 wastes are being disposed, stored and managed Complies (c) Manage on-site sewage treatment and disposal in accordance with the appropriately onsite at WWC. WWC environment requirements of Council; and staff also undertake a monthly inspection of waste (d) Report on waste management and minimisation in the Annual Review, to the management at the site. During the site visit auditors satisfaction of the Director-General. viewed a copy of one such monthly inspection report. BUSHFIRE The Proponent shall: The OCAL Bushfire Management Plan (EcoLogical, (a) Ensure that the project is suitably equipped to respond to fires on site; and 2012) has been prepared to assist in this response. 26 Complies (b) Assist the Rural Fire Service and emergency services as much as possible if Auditors viewed water cannons onsite during site there is a fire in the vicinity of the site. inspection. REHABILITATION Rehabilitation Objectives Inclement weather during the site visit meant that it was not possible for auditors to visit sites that have been recently rehabilitated, for instance, after disturbance as part of drilling works. Only minimal The Proponent shall rehabilitate the site to the satisfaction of the Executive Director vegetation clearing has been undertaken at WWC Mineral Resources. This rehabilitation must be generally consistent with the 27 during the audit period for exploration activities. Complies proposed rehabilitation strategy described in the EA, and comply with the Interviews with WWC environment personnel objectives in Table 10. confirmed that this is the process that is undertaken. Rehabilitation activities undertaken during the audit period are also reported on in the Annual Review 2012.
Notes to Table 10: - These rehabilitation objectives apply to all subsidence impacts and environmental consequences caused by mining taking place after the date of this approval; and to all project surface infrastructure part of the project, whether constructed prior to or following the date of this approval. - Rehabilitation of subsidence impacts and environmental consequences caused by mining which took place prior to the date of this approval may be subject to the requirements of other approvals (e.g. under a mining lease or an Subsidence Management Plan approval) or the Proponent’s commitments. Progressive Rehabilitation Interviews with WWC environment personnel confirmed that this is the process that is undertaken. The Proponent shall carry out the rehabilitation of the site progressively, that is, as 28 Rehabilitation activities undertaken during the audit Complies soon as reasonably practicable following disturbance. period are also reported on in the Annual Review 2012.
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Clause Requirement Evidence Audit Finding Project Approval 09-0203 RehabilitationSCHEDULE 2 -Management ADMINISTRATIVE Plan CONDITIONS
The Proponent shall prepare and implement a Rehabilitation Management Plan for The Draft Rehabilitation and Environmental 29 the project, to the satisfaction of the Executive Director Mineral Resources. This Management Plan (REMP) West Wallsend Colliery Complies plan must: (Xstrata Coal, January 2013) has been prepared.
The Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) was submitted to DP&I, the EPA branch of OEH and LMCC on 24 July 2012. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. LMCC also provided comment on 20 Be prepared in consultation with the Department, OEH, NOW, Council and the December 2012. DP&I has not requested that the CCC, and be submitted to the Executive Director Mineral Resources in DRE for 29(a) plan be resubmitted to it until the plan has been Complies approval within 6 months of this approval, or as otherwise agreed with the Director- amended to include the final land use assessment General; and detailed completion and rehabilitation criteria following the completion of the Pre-Feasibility Constraints and Opportunities Analysis for Mine Closure. This analysis has commenced as per the West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008), which continues to be reviewed. Once this analysis is completed, it will indicate what final land use options are available post-closure, and will allow the REMP to be finalised with DP&I.
Sections 1 and 4.2.1 of the Draft Rehabilitation and Be prepared in accordance with any relevant DRE guideline, and be consistent Environmental Management Plan (REMP) West 29(b) Complies with the rehabilitation objectives in the EA and in Table 10; Wallsend Colliery (Xstrata Coal, January 2013) fulfil these requirements. Section 3 of the Draft Rehabilitation and Build, to the maximum extent practicable, on the other management plans required Environmental Management Plan (REMP) West Complies under this approval; and Wallsend Colliery (Xstrata Coal, January 2013) 29(c) shows how this requirement has been met. Section 4 of the Draft Rehabilitation and Address all aspects of rehabilitation and mine closure, including final land use Environmental Management Plan (REMP) West 29(d) assessment, rehabilitation objectives, domain objectives, completion criteria and Complies Wallsend Colliery (Xstrata Coal, January 2013) fulfils rehabilitation monitoring. these requirements. Note: The Rehabilitation Management Plan should address all land impacted by the project, whether prior to or following the date of this approval. SCHEDULE 5 - ADDITIONAL PROCEDURES NOTIFICATION OF LANDOWNERS 1 As soon as practicable after obtaining monitoring results showing: An exceedance of any relevant criteria in Schedule 4, the Proponent shall notify During the site visit, auditors viewed copies of such 1(a) affected landowners in writing of the exceedance, and provide regular monitoring correspondence that was provided to landowners in Complies results to each affected landowner until the project is again complying with the relation to exceedances of WWC noise criteria during relevant criteria; and 2012. An exceedance of any relevant air quality criteria in Schedule 4, the Proponent 19(b) shall send a copy of the NSW Health fact sheet entitled “Mine Dust and You” (as This has not been required during the audit period. Not Triggered may be updated from time to time) to the affected landowners and/or existing tenants of the land (including the tenants of any mine-owned land). INDEPENDENT REVIEW If an owner of privately-owned land considers the project to be exceeding the 2 relevant criteria in Schedule 4, then he/she may ask the Director-General in writing This has not been required during the audit period. Not Triggered for an independent review of the impacts of the project on his/her land.
If the Director-General is satisfied that an independent review is warranted, then within 2 months of the Director-General’s decision the Proponent shall: (a) Commission a suitably qualified, experienced and independent person, whose appointment has been approved by the Director-General, to: - Consult with the landowner to determine his/her concerns; - Conduct monitoring to determine whether the project is complying with the relevant criteria in Schedule 4; and - If the project is not complying with these criteria then identify the measures that could be implemented to ensure compliance with the relevant criteria; and (b) Give the Director-General and landowner a copy of the independent review. If the independent review determines that the project is complying with the relevant 3 criteria in Schedule 4, then the Proponent may discontinue the independent review This has not been required during the audit period. Not Triggered with the approval of the Director-General. If the independent review determines that the project is not complying with the relevant impact assessment criteria in Schedule 4, and that the project is primarily responsible for this non-compliance, then the Proponent shall: (a) Implement all reasonable and feasible mitigation measures, in consultation with the landowner and appointed independent person, and conduct further monitoring until the project complies with the relevant criteria; or (b) Secure a written agreement with the landowner to allow exceedances of the relevant criteria, to the satisfaction of the Director-General.
If the independent review determines that any relevant acquisition criteria in Schedule 4 are being exceeded and that the project is primarily responsible for this non-compliance, then upon receiving a written request from the landowner, the Proponent shall acquire all or part of the landowner’s land in accordance with the procedures in conditions 4-5 below.
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Clause Requirement Evidence Audit Finding Project Approval 09-0203 LANDSCHEDULE ACQUISITION 2 - ADMINISTRATIVE CONDITIONS Within 3 months of receiving a written request from a landowner with acquisition 4 This has not been required during the audit period. Not Triggered rights, the Proponent shall make a binding written offer to the landowner based on:
(a) The current market value of the landowner’s interest in the land at the date of this written request, as if the land was unaffected by the project, having regard to the: - Existing and permissible use of the land, in accordance with the applicable planning instruments at the date of the written request; and 4(a) This has not been required during the audit period. Not Triggered - Presence of improvements on the land and/or any approved building or structure which has been physically commenced on the land at the date of the landowner’s written request, and is due to be completed subsequent to that date, but excluding any improvements that have resulted from the implementation of any additional mitigation measures undertaken by the Proponent on the land; The reasonable costs associated with: - Relocating within the Lake Macquarie local government area, or to any other local 4(b) government area determined by the Director-General; and This has not been required during the audit period. Not Triggered - Obtaining legal advice and expert advice for determining the acquisition price of the land, and the terms upon which it is to be acquired; and Reasonable compensation for any disturbance caused by the land acquisition 4(c) This has not been required during the audit period. Not Triggered process. If the Proponent and landowner cannot agree on the acquisition price of the land and/or the terms upon which the land is to be acquired within 28 days after the Proponent makes its written offer, then either party may refer the matter to the Director-General for resolution. Upon receiving such a request, the Director-General will request the President of the NSW Division of the Australian Property Institute to appoint a qualified independent valuer to: - Consider submissions from both parties; - Determine a fair and reasonable acquisition price for the land and/or the terms upon which the land is to be acquired, having regard to the matters referred to in paragraphs (a)-(c) above; - Prepare a detailed report setting out the reasons for any determination; and - Provide a copy of the report to both parties. Within 14 days of receiving the independent valuer’s report, the Proponent shall make a binding written offer to the landowner to purchase the land at a price not less than the independent valuer’s determination. However, if either party disputes the independent valuer’s determination, then within 14 days of receiving the independent valuer’s report, they may refer the matter to the Director-General for review. Any request for a review must be accompanied by a detailed report setting out the reasons why the party disputes the independent valuer’s determination. Following consultation with the independent valuer and both parties, the Director-General will determine a fair and reasonable acquisition price for the land, having regard to the matters referred to in paragraphs (a)-(c) above, the independent valuer’s report, the detailed report disputing the independent valuer’s determination, and any other relevant submissions. Within 14 days of this determination, the Proponent shall make a binding written offer to the landowner to purchase the land at a price not less than the Director- General’s determination. If the landowner refuses to accept the Proponent’s binding written offer under this condition within 6 months of the offer being made, then the Proponent's obligations to acquire the land shall cease, unless the Director-General determines otherwise.
The Proponent shall pay all reasonable costs associated with the land acquisition process described in condition 4 above, including the costs associated with 5 This has not been required during the audit period. Not Triggered obtaining Council approval for any plan of subdivision (where permissible), and registration of this plan at the Office of the Registrar-General. SCHEDULE 6 - ENVIRONMENTAL MANAGEMENT, REPORTING AND AUDITING ENVIRONMENTAL MANAGEMENT Environmental Management Strategy The Proponent shall prepare and implement an Environmental Management The Environmental Management Framework West 1 Strategy for the project to the satisfaction of the Director-General. This strategy Wallsend Colliery (Xstrata Coal, March 2013) meets Complies must: these requirements. The Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) was submitted to DP&I, and the EPA branch of OEH on 24 July 2012. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, 1(a) Be submitted to the Director-General for approval within 6 months of this approval; Complies stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. On 23 March 2013 WWC resubmitted this plan to DP&I and is still awaiting final approval of the plan from the Director-General. Section 1.4 of the Environmental Management 1(b) Provide the strategic framework for environmental management of the project; Framework West Wallsend Colliery (Xstrata Coal, Complies March 2013) fulfils these requirements. Section 2.1 of the Environmental Management 1(c) Identify the statutory approvals that apply to the project; Framework West Wallsend Colliery (Xstrata Coal, Complies March 2013) fulfils these requirements. Section 1.6 of the Environmental Management Describe the role, responsibility, authority and accountability of all key personnel 1(d) Framework West Wallsend Colliery (Xstrata Coal, Complies involved in the environmental management of the project; March 2013) fulfils these requirements.
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Clause Requirement Evidence Audit Finding Project Approval 09-0203 SCHEDULE 2Describe - ADMINISTRATIVE the procedures CONDITIONS that would be implemented to: - Keep the local community and relevant agencies informed about the operation Sections 3.2, 4.33, 4.35 and 3.42 of the and environmental performance of the project; Environmental Management Framework West 1(e) - Receive, handle, respond to, and record complaints; Complies Wallsend Colliery (Xstrata Coal, March 2013) fulfil - Resolve any disputes that may arise during the course of the project; these requirements. - Respond to any non-compliance; - Respond to emergencies; and Section 3.41 of the Environmental Management Be integrated with strategies, plans and programs approved under the conditions 1(f) Framework West Wallsend Colliery (Xstrata Coal, Complies of this approval; and March 2013) fulfils these requirements. Appendix 1 of the Environmental Management Include a clear plan depicting all the monitoring required to be carried out under the 1(g) Framework West Wallsend Colliery (Xstrata Coal, Complies conditions of this approval. March 2013) fulfils these requirements. Management Plan Requirements The relevant management plans were reviewed by the The Proponent shall ensure that the management plans required under this 2 site auditors, and have been confirmed to comply with Complies approval are prepared in accordance with any relevant guidelines, and include: these requirements. 2(a) Detailed baseline data; A description of: - The relevant statutory requirements (including any relevant approval, licence or lease conditions); 2(b) - Any relevant limits or performance measures/criteria; - The specific performance indicators that are proposed to be used to judge the performance of, or guide the implementation of, the project or any management measures; A description of the measures that would be implemented to comply with the 2(c) relevant statutory requirements, limits, or performance measures/criteria; A program to monitor and report on the: 2(d) - Impacts and environmental performance of the project; - Effectiveness of any management measures (see (c) above); A contingency plan to manage any unpredicted impacts and their consequences 2(e) and to ensure that ongoing impacts reduce to levels below relevant impact assessment criteria as quickly as possible; A program to investigate and implement ways to improve the environmental 2(f) performance of the project over time; A protocol for managing and reporting any: - Incidents; 2(g) - Complaints; - Non-compliances with conditions of this approval and statutory requirements; and - Exceedances of the impact assessment criteria and/or performance criteria; and 2(h) a protocol for periodic review of the plan. Note: The Director-General may waive some of these requirements if they are unnecessary or unwarranted for particular management plans. Adaptive Management During the Q3 2012 noise monitoring, exceedances were identified at R1, R4 and R5 on the night of 24 September 2012, and at R5 and R6 on the nights of The Proponent must assess and manage project-related risks to ensure that there 24 and 25 September. Additional monitoring was are no exceedances of the criteria and/or performance measures in Schedules 3 undertaken during October 2012. One exceedance at 3 and 4. Any exceedance of these criteria and/or performance measures constitutes R4 was identified during evening and night noise Not Compliant a breach of this approval and may be subject to penalty or offence provisions under monitoring on 30 October 2012. Monitoring work the EP&A Act or EP&A Regulation. undertaken in November and December 2012 showed that WWC was compliant with these criteria (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)). On 29 January, in contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Where any exceedance of these criteria and/or performance measures has Bottom Dam, which is linked to EPL Point 2. On 1 occurred, the Proponent must, March 2013 unmetered discharge was also observed at the earliest opportunity: from the Bottom Dam and the North East Dam. In (a) Take all reasonable and feasible steps to ensure that the exceedance ceases contravention of Condition L2.2 on 28 March 2013 a and does not recur; monthly water sample was collected from Point 2. (b) Consider all reasonable and feasible options for remediation (where relevant) A Graben incident was reported in December 2012 and submit a report to the Department describing those options and any preferred and a grouting related incident was reported in remediation measures or other course of action; and accordance with WWC's P.I.R.M.P. on 4 June 2013. (c) Implement remediation measures as directed by the Director-General, to the At the time of the audit, investigations in relation to satisfaction of the Director-General. the most reasonable and feasible options were underway and consultation with regulators (Site visits, emails, phone calls) occurring. Annual Review The Annual Review 2012 was submitted in April to By the end of March each year (or other such timing as agreed by the Director- align with the results of the updated noise 4 General), the Proponent shall submit a review of the environmental performance of management measures. However interviews with Complies the project to the satisfaction of the Director- General. This review must: WWC environment staff during the site visit confirmed that this extension was agreed to by DP&I. describe the works (including any rehabilitation) carried out in the past calendar Sections 5 and 6 of the Annual Review 2012 include 4(a) Complies year, and the works proposed to be carried out over the current calendar year; this information. include a comprehensive review of the monitoring results and complaints records of the project over the past calendar year, which includes a comparison of these results against the: Sections 3 and 4 of the Annual Review 2012 include 4(b) Complies - Relevant statutory requirements, limits or performance measures/criteria; this information. - Monitoring results of previous years; and - Relevant predictions in the EA; Identify any non-compliance over the past calendar year, and describe what Section 4 of the Annual Review 2012 includes this 4(c) Complies actions were (or are being) taken to ensure compliance; information. Section 3 of the Annual Review 2012 includes this 4(d) Identify any trends in the monitoring data over the life of the project; Complies information. Identify any discrepancies between the predicted and actual impacts of the project, Section 3 of the Annual Review 2012 includes this 4(e) Complies and analyse the potential cause of any significant discrepancies; and information. Describe what measures will be implemented over the current calendar year to Sections 3 and 6 of the Annual Review 2012 include 4(f) Complies improve the environmental performance of the project. this information.
60302473 Appendix D 13 AECOM
Clause Requirement Evidence Audit Finding Project Approval 09-0203 RevisionSCHEDULE of Strategies,2 - ADMINISTRATIVE Plans and CONDITIONSPrograms Within 3 months of: (a) The submission of an annual review under condition 4 above; (b) The submission of an incident report under condition 7 below; This has occurred during the audit period, as evidence (c) The submission of an audit report under condition 9 below; and 5 by the West Wallsend Colliery 2013 Annual Review Complies (d) Any modification to the conditions of this approval (unless the conditions of Environmental Management Plans . require otherwise), the Proponent shall review, and if necessary revise, the strategies, plans, and programs required under this approval to the satisfaction of the Director-General. Note: This is to ensure the strategies, plans and programs are updated on a regular basis, and incorporate any recommended measures to improve the environmental performance of the project. Community Consultative Committee The Proponent shall establish and operate a Community Consultative Committee (CCC) for the project in general accordance with the Guidelines for Establishing and Operating Community Consultative Committees for Mining Projects The formation of the Community Consultative 6 (Department of Planning, 2007, or its latest version), or alternative consultative Committee according to these guidelines is reported Complies framework as may be agreed by the Director-General, to the satisfaction of the on in Section 4.2 of the Annual Review 2012. Director- General. This CCC or alternative framework must be operating within 6 months of this approval. Notes: - The CCC is an advisory committee. The Department and other relevant agencies are responsible for ensuring that the Proponent complies with this approval. - The Committee should be comprised of an independent chair and appropriate representation from the Proponent, Council and the local community. - In establishing the CCC, the Department will accept the continued representation from existing CCC members. REPORTING Incident Reporting The auditors sighted correspondence to the EPA relating to the 1 March and 29 January incidents, including written details of those incidents. The 9 April incident was not reported to the EPA in written format The Proponent shall notify, at the earliest opportunity, the Director-General and any until 19 April (note that the EPA was notified of that other relevant agencies of any incident that has caused, or has the potential to incident by telephone on 10 April, making this written cause, significant risk of material harm to the environment. For any other incident report late by only two days). However, this was done associated with the project, the Proponent shall notify the Director-General and any with the permission of the EPA; between the time 7 Complies other relevant agencies as soon as practicable after the Proponent becomes aware when the 9 April incident occurred and the written of the incident. Within 7 days of the date of the incident, the Proponent shall report was provided to the EPA, WWC were provide the Director-General and any relevant agencies with a detailed report on commissioning a re-test of the relevant pH results to the incident, and such further reports as may be requested. confirm the exceedance. The auditors also sighted written communication records outlining details, time of notification and government agencies notified in relation to the graben incident in 2012 and the grouting incident on 4 June 2013. Regular Reporting The Proponent shall provide regular reporting on the environmental performance of Monthly EPL monitoring data is available on WWC 8 the project on its website, in accordance with the reporting arrangements in any Complies website. plans or programs approved under the conditions of this approval. INDEPENDENT ENVIRONMENTAL AUDIT By the end of June 2013 (or other such timing as agreed by the Director-General), The current IEA satisfies these requirements. The and every 3 years thereafter, unless the Director-General directs otherwise, the 9 audit inspection was undertaken from 26-28 June Complies Proponent shall commission and pay the full cost of an Independent Environmental 2013. Audit of the project. This audit must: Be conducted by a suitably qualified, experienced and independent team of experts 9(a) The current IEA satisfies these requirements. Complies whose appointment has been endorsed by the Director-General; 9(b) Include consultation with the relevant agencies; The current IEA satisfies these requirements. Complies Assess the environmental performance of the project and assess whether it is complying with the requirements in this approval and any relevant EPL or Mining 9(c) The current IEA satisfies these requirements. Complies Lease (including any assessment, plan or program required under these approvals); Review the adequacy of strategies, plans or programs required under the 9(d) The current IEA satisfies these requirements. Complies abovementioned approvals; and recommend measures or actions to improve the environmental performance of the 9(e) The current IEA satisfies these requirements. Complies project, and/or any strategy, plan or program required under these approvals. Note: This audit team must be led by a suitably qualified auditor and include experts in any field specified by the Director-General. Within 6 weeks of the completion of this audit, or as otherwise agreed by the Director-General, the Proponent shall submit a copy of the audit report to the 10 This has not been required during the audit period. Not Triggered Director-General, together with its response to any recommendations contained in the audit report. ACCESS TO INFORMATION
From the end of April 2012, the Proponent shall: (a) Make copies of the following publicly available on its website: - The EA; - All current relevant statutory approvals for the project; - Approved strategies, plans and programs required under the conditions of this approval; - A comprehensive summary of the monitoring results of the project, which have been reported in accordance with the various plans and programs approved under 11 the conditions of this approval; This information is maintained on the WWC website. Complies - A complaints register, which is to be updated on a monthly basis; - Minutes of CCC meetings; - The annual reviews of the project; - Any independent environmental audit, and the Proponent’s response to the recommendations in any audit; - Any other matter required by the Director-General; and (b) Keep this information up-to-date, to the satisfaction of the Director-General.
60302473 Appendix D 14 AECOM Independent Environmental Audit
Appendix E
Audit Protocol: Statement of Commitments
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit E-1
Appendix E Audit Protocol: Statement of Commitments
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT Environmental Management Strategy
The Statement of Commitments included in the EA has been revised to consider the issued raised in the response to submissions. The revised Statement of This was noted, however the audit did not require a Not Triggered Commitments details the measures proposed finding to be made on this point. by West Wallsend Colliery (WWC) for environmental mitigation, management and monitoring of the Project.
If approval is granted under Part 3A of the This was noted, however the audit did not require a EP&A Act Project, WWC will commit to the Not Triggered finding to be made on this point. following controls. 6.1 Compliance with the EA
To carry out the development for the Project Apart from a few discrete non-compliances, the WWC generally in accordance with the project 6.1.1 has been operated largely in accordance with the EA Complies approval conditions, Project Application and during the audit period. EA report. Surrender of Redundant Development Consents
This process is only partially complete. Auditors viewed WWC will surrender all other development correspondence with DP&I providing an extension to 30 consents that relate to activities that are June 2013 for these consents to be surrendered. WWC 6.1.2 adequately covered in the new project Complies submitted a further request to DP&I on 28 June 2013 to approval, in accordance with the new project extend this date out until the end of 2013, and is approval conditions. continuing its consultation with DP&I on this issue.
Lease Arrangements WWC will obtain all necessary licence/lease arrangements from Lake Macquarie City Construction of the MSF did not commence during the 6.1.3 Not Triggered Council prior to the construction of the Mining audit period. Services Facility. 6.2 Life of Mine Operations, Production and Concept Mine Plan Project Life
The project approval life will be for 15 years from Project Approval. Closure and The West Wallsend Colliery Conceptual Closure Plan rehabilitation activities will be undertaken in (Umwelt, 2008) continues to be reviewed. A pre- accordance with an approved Mining feasibility constraints and opportunities analysis review 6.2.1 Complies Operations Plan, or other relevant approval has also been drafted for WWC closure. Once this under the Mining Act or equivalent, at the analysis is completed, it will indicate what final land use time of closure. These works may extend options are available post-closure. beyond the 15 year operations approval life.
Production Limits
As stated in the Annual Review 2012, for the reporting The Project will produce up to 5.5 Mtpa of 6.2.2 period 1 January to 31 December 2012, approximately Complies ROM coal. 4.2 mega tonnes of ROM was extracted at WWC.
Hours of Operation Mining and associated activities for the This was noted, however the audit did not require a 6.2.3 Project may be undertaken 24 hours a day, Not Triggered finding to be made on this point. seven days a week.
Construction of the Mining Surfaces Facility will generally be undertaken between 7.00 am and 6.00 pm daily. Construction activities Construction of the MSF did not commence during the 6.2.4 Not Triggered may occur outside these hours when WWC audit period. is satisfied that such activities are inaudible at nearest private residences.
60302473 Appendix E 1 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT MineEnvironmental Plan Modifications Management Strategy WWC has committed to modifying the mine plan to avoid secondary extraction in the lower reaches of Diega Creek that are in These mine plan modifications were undertaken as part 6.2.5 areas with a depth of cover less than 80 of the EA process and resulting consultation with OEH Complies metres and contain Alluvial Tall Moist Forest before mining operations commenced in these areas. within Longwall 41 and 42 (refer to Appendix 2 of Project Approval).
WWC will remove areas less than 80 metres depth of cover from the mine plan within These mine plan modifications were undertaken as part 6.2.6 Longwalls 42, 43 and 47 in the Diega Creek of the EA process and resulting consultation with OEH Complies catchment (refer to Appendix 2 of Project before mining operations commenced in these areas. Approval).
WWC will reduce the longwall void width These mine plan modifications were undertaken as part within the northern extents of Longwalls 42 6.2.7 of the EA process and resulting consultation with OEH Complies and 43 to approximately 115 metres (refer to before mining operations commenced in these areas. Appendix 2 of Project Approval). Refinement of Mine Plan
WWC will install an extensometer in Longwall 40 to provide further information in relation to the height of fracturing above During the site visit the auditor viewed a copy of the Longwall 40. WCC will consider the 6.2.8 relevant report, indicating that the limit of fracturing is Complies outcomes of this monitoring prior to 70 m, and the depth of cover in excess of 90 m. commencement of longwall mining in areas less than 100 metres depth of cover within Longwalls 42, 43 and 47.
WWC will establish an Independent Review Committee, in consultation with DP&I and OEH to monitor the progress of mining This commitment is read in conjunction with operations within the Diega Creek commitment 6.2.8. This has not been triggered during 6.2.9 catchment. This Committee would include Not Triggered the audit period as the committee is required to be representatives from relevant government established prior to mining longwalls 42,43 or 47. agencies, WWC and include involvement and review by appropriate subsidence experts. 6.3 Subsidence The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata A comprehensive Extraction Plan will be Coal, July 2012) and the Longwall 44 and 45 Extraction 6.3.1 developed for the Project in accordance with Complies Plan and Subsidence Management Plan West the project approval. Wallsend Colliery (Xstrata Coal, March 2013) meet these requirements.
Remediation and rehabilitation of mining During the site visit, auditors viewed photographic related subsidence impacts will be carried 6.3.2 evidence and in-field evidence of grouting remediation Complies out, as detailed in Section 5.2.4 of the EA, as works to manage subsidence impacts. soon as practicable following subsidence.
A detailed Subsidence Survey Monitoring Program has been developed for the Project and is outlined in Appendix 5 of the EA. The During the audit, this was observed to be undertaken in 6.3.3 monitoring program will be implemented and accordance with the Subsidence Monitoring Program Complies the results used to refine the ongoing West Wallsend Colliery (Xstrata Coal, March 2013). management of subsidence as the Project progresses.
60302473 Appendix E 2 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT 6.4Environmental Ecology Management Strategy
In the event that significant impacts on identified ecological values are identified and cannot be adequately remediated, WWC will engage a suitably qualified and experienced ecologist to prepare a Biodiversity Offset Strategy in consultation with OEH and DP&I. Given that such areas are likely to be minor 6.4.1 This has not been required during the audit period. Not Triggered in area, it is proposed that rather than focussing on land base offsetting, this strategy could focus on ‘in kind’ offsetting by remediation or rehabilitation of equivalent areas of disturbed or poor condition vegetation within the Sugarloaf State Conservation Area (SSCA).
WWC will undertake remediation works During the site visit, auditors viewed WWC budget within the SSCA to a value of $50,000 per 6.4.2 documents and invoice records to confirm that this Complies annum over the life of the Project, in expenditure target has been met. consultation with OEH.
The Biodiversity Management Plan West Wallsend The results of the ecological monitoring and Colliery (Xstrata Coal, March 2013) has been updated management measures will be reviewed to include measures for the management of Regent annually and reported in the AEMR. Honeyeater, which was only identified on the site during 6.4.3 Complies Management measures will be adapted, as 2012 survey work (refer West Wallsend Colliery required, on the basis of monitoring Biodiversity Monitoring Report 2012 (Umwelt, January outcomes. 2013)). Biodiversity management was reported in the Annual Review 2012.
6.5 Groundwater WWC will continue to maintain the existing groundwater monitoring network and also undertake regular analysis of groundwater WWC has continued to monitor groundwater, as 6.5.1 monitoring data to compare predicted and Complies outlined in Section 3.4 of the Annual Review 2012. actual groundwater impacts. This will include groundwater make in the underground operations.
Prior to commencement of longwall mining in Longwall 46, WWC will review the need for 6.5.2 establishment of alluvial monitoring in Diega This has not been required during the audit period. Not Triggered Creek and Central Creek in consultation with NOW and to the satisfaction of DP&I.
The monitoring network and monitoring Section 3.4 of the Annual Review 2012 provides a program will be reviewed on an annual basis summary of groundwater activity at WWC during the 6.5.3 to determine ongoing suitability and any Complies audit period, however no changes were proposed in proposed changes will be discussed in the 2012. Annual Review. 6.6 Surface Water WWC will submit an updated Surface Water The Surface Water Management Plan West Wallsend 6.6.1 Management Plan for the Project, as outlined Complies Colliery (Xstrata Coal) meets these requirements. in the approval conditions.
The existing Water Management System will continue to be used to control and treat runoff from the WWC pit-top site with surface Operations at WWC continue to be undertaken in this 6.6.2 Complies runoff directed to the water management manner. system dams for use as dust suppression or discharge.
60302473 Appendix E 3 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT Environmental Management Strategy WWC will complete a series of investigations within 12 months of Project Approval, including: - A more detailed desktop investigation of the various salt concentrations at other Xstrata operations and relevance to WWC; This has been undertaken, as per the West Wallsend 6.6.3 - Trailing shandying percentages based on Complies Colliery Water Re-use Investigation (Xstrata Coal). the more detailed investigations of salts; and - Determining the most appropriate shandying percentage taking into consideration potential water quality impacts on the life and maintenance of the underground mining equipment.
The optimal water re-use strategy confirmed by the investigations will be implemented within two years of Project Approval. If the investigations indicate that shandying potable This has been undertaken, as per the West Wallsend 6.6.4 Complies water with mine water for re-use on site is not Colliery Water Re-use Investigation (Xstrata Coal). viable, WWC will investigate the feasibility of other options for mine water treatment and re- use e.g. reverse osmosis.
A comprehensive monitoring regime will be implemented to monitor drainage lines and During the audit, auditors viewed copies of geomorphic 6.6.5 the locations identified in Figure 5.12 of the monitoring results confirming that these monitoring Complies EA for potential subsidence impacts. works took place during the audit period. Monitoring procedures will include:
Monitoring of vertical and horizontal subsidence along order drainage lines as determined in consultation with the DRE;
Monitoring, measuring and recording (e.g. photographic records) of the extent and magnitude of any surface cracking along the second order drainage line and first order drainage lines in depths of cover less than 100 metres that may occur during and post mining operations. If works are required (sealing of cracks), methods approved by the OEH and DRE would be adopted;
Visual inspection and recording of stream bed and bank condition and riparian vegetation along the second order drainage line, including collection of baseline data and monitoring during and post mining operations;
Monitoring of geomorphological response of each watercourse to the predicted subsidence, as follows: prior to mining review the potential geomorphological response of each watercourse to the predicted subsidence using the guidelines included in River Hydrology and Energy Relationships – Design Notes for the Mining Industry published by Department of Water and Energy (November 2007) and the methods described below;
60302473 Appendix E 4 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT Environmental Management Strategy For each watercourse within the continued underground mining area: - Describe the existing (i.e. pre-mining) watercourse characteristics including bed controls using approaches outlined in AUSRIVAS (Australian River Assessment System); - Calculate the stream power for the existing and predicted subsidence conditions; - Determine threshold limits of stream power for incision and bed load deflation, taking into consideration existing stream stability, surface and substrate soil conditions and stream grades;
Refine the monitoring program, including monitoring of: - Any bed control points; - Areas where subsidence may increase the stream power above the determined threshold limits potentially causing channel erosion/instability; - Monitoring may include long section and cross section surveys, photographic records and/or methods outlined in AUSRIVAS;
Investigate and implement any remediation required to mitigate potential impacts of changes in stream power as a result of underground mining activities; During and post mining, monitor watercourses, in accordance with the developed monitoring program; and Ongoing monitoring and maintenance will be necessary for any areas requiring surface mitigation works to facilitate effective rehabilitation. 6.7 Air Quality
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and unsealed access roads, that weekly sweeping of paved store areas and haul loop are WWC will continue to implement existing undertaken, and that dust flaps are situated on the 6.7.1 Complies dust controls, including: ROM bin. During the site visit, auditors also found the site to be maintained in a clean and tidy manner. Auditors also viewed monthly site inspection records confirming how the site is maintained. Camera network for onsite dust emissions was also sighted by the auditors during the site visit.
The use of manually-operated water sprays for unpaved areas and for the paved ring road at the WWC pit-top, used by trucks transporting coal to MCPP via the private haul road; Periodic sweeping of the haul road and other paved areas to reduce road surface silt loadings; and Use of loading flaps during truck loading at the surface bin to restrict dust.
60302473 Appendix E 5 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT 6.8Environmental Noise Management Strategy During the Q3 2012 noise monitoring, exceedances were identified at R1, R4 and R5 on the night of 24 September 2012, and at R5 and R6 on the nights of 24 and 25 September. Additional monitoring was undertaken during October 2012. One exceedance at Noise emissions from the Project, when R4 was identified during evening and night noise measured within 30 metres of a private monitoring on 30 October 2012. Monitoring work residence, will not exceed the criteria undertaken in November and December 2012 showed 6.8.1 outlined in the project approval, unless a Not Compliant that WWC was compliant with these criteria (West specific agreement is reached with the Wallsend Colliery Noise Compliance Report: Bradford landholder in regard to noise impacts at that Breaker (Global Acoustics, April 2013)). It is noted that residence. noise is not monitored at R7 as a private agreement has been entered into with that landowner, and R8 monitoring has not commenced as construction of the MSF did not commence during the audit period (Annual Review 2012).
WWC will undertake mitigation of the breaker and No. 2 ventilation shaft to improve These mitigation measures and the results of their existing noise impacts associated with its application are contained in the West Wallsend Colliery 6.8.2 Complies operation. WWC will also investigate whether Noise Compliance Report: Bradford Breaker (Global there are any feasible opportunities for Acoustics, April 2013). further noise reduction at Killingworth.
WWC will submit a Noise Management Plan The Noise Management Plan West Wallsend Colliery 6.8.3 for the Project, in accordance with the Complies (Xstrata Coal) meets these requirements. approval conditions. The Plan will:
(a) describe the noise mitigation measures that would be implemented to ensure compliance with relevant conditions of approval; and
(b) will include a Noise Monitoring Program that: - includes attended monitoring to assess compliance with the Project Specific Noise Levels; and - includes a protocol for determining exceedances of the relevant conditions of approval. Greenhouse Gases The GHG performance of WWC continues to be WWC will report its greenhouse and energy reported as part of Xstrata's Australia-wide operations 6.9.1 performance via legislative reporting Complies under the National Greenhouse and Energy Reporting requirements. Act 2007. 6.10 Aboriginal Archaeological
WWC has committed to modify the mine plan This was noted, however the audit did not require a 6.10.1 to protect the following sites of Aboriginal Not Triggered finding to be made on this point. cultural and archaeological significance:
- The stone arch; - One rockshelter in the Bangalow Creek catchment; - Two rockshelter sites in the Cockle Creek catchment; - Palmers Creek Grinding Grooves 1 and 2; - The Western Domain 5 (#38-4-0993 - wet soak with B315scatter site); - Modification of the mine plan to lessen the probability of impact to the Palmers Creek Grinding Grooves 3 site.
60302473 Appendix E 6 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT EnvironmentalWWC Management has committed Strategy to providing During the site visit, auditors viewed copies of WWC $200,000.00 over the life of the project to budget papers and invoices indicating that so far these 6.10.2 assist with the management of Aboriginal Complies funds have been used, and they are also set aside for cultural and archaeological sites/values future use. within the SSCA.
WWC has committed to fund a program of monitoring and reporting of subsidence During the audit this was confirmed in accordance with impacts on landscape features of Aboriginal 6.10.3 the Aboriginal Cultural Heritage Management Plan Complies cultural value and Aboriginal archaeological West Wallsend Colliery (Xstrata Coal, June 2012). sites recorded within the proposed continued underground mining area.
If monitoring finds that at least three of the Diega Creek Grinding Groove sites 2 through 6 do not suffer from impacts that cause Palmers Creek grinding grooves have been protected. cracking of the sandstone within the area of The Diega Creek grinding grooves 6 and Bangalow the sandstone platform containing the Creek grinding grooves are also committed to being grooves and within 1 metre of any groove, protected. These sites would not be impacted unless WWC will proceed with subsidence of Diega 6.10.4 suitable offsets can be found to provide for Complies Creek Grinding Grooves 1. If this is not intergenerational equity. WWC are currently possible because 3 or more of the Diega undertaking more archaeological surveys to find more Creek Grinding Grooves 2 to 6 sites have areas that could be used for offsets if impacts to current cracked within the specified site area, WWC sites do occur. will commit to protecting Diega Creek Grinding Grooves 1 from damage related to subsidence. WWC has committed to funding a program of further survey within the SSCA in consultation with the Aboriginal stakeholders and the NPWS/OEH, the purpose of the This survey work commenced during the audit period, 6.10.5 survey is to meet the requirements of however only 14 of the 20 required survey days have Complies Intergenerational Equity in relation to the been undertaken. This work will continue during 2013. potential subsidence impacts to Bangalow Creek 1, 2, 3, 4, 5, 6 and #38-4-0461 Grinding Grooves.
WWC will commit to the provision of funding During the audit period, one funding request has been for further Aboriginal Cultural Heritage values received, relating to the recording of oral histories of investigations. The specific nature of the 6.10.6 local Aboriginal peoples. Interviews with WWC staff Complies investigation will be subject of further confirmed that the project scope is currently being consultation with the registered Aboriginal discussed with RAPs. stakeholders and endorsement by the OEH.
WWC will prepare an ACHMP for the project that is consistent with the Aboriginal cultural The Aboriginal Cultural Heritage Management Plan: 6.10.7 and archaeological management West Wallsend Colliery (Umwelt June, 2012) meets Complies commitments made in this report and these requirements. includes the following matters:
Details of the proposed implementation of, Section 7 of the Aboriginal Cultural Heritage and methodology for, the conservation offset Management Plan West Wallsend Colliery (Xstrata strategy; Coal, June 2012) fulfils these requirements.
A detailed salvage program for Aboriginal archaeological sites within the proposed continued underground mining area including Appendix 5 of the Aboriginal Cultural Heritage isolated finds, artefact scatters (if subsidence Management Plan West Wallsend Colliery (Xstrata remediation works are required in the site Coal, June 2012) fulfils these requirements. areas) and the Cockle Creek Rockshelter with Artefacts and PAD;
A detailed description of the mitigation measures that would be undertaken for all Aboriginal archaeological sites and Section 8 of the Aboriginal Cultural Heritage landscape features of Aboriginal cultural Management Plan West Wallsend Colliery (Xstrata value within the proposed continued Coal, June 2012) fulfils these requirements. underground mining area prior to and/or following subsidence;
60302473 Appendix E 7 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT Environmental Management Strategy A detailed description of the measures that would be implemented to protect Aboriginal Section 8 of the Aboriginal Cultural Heritage archaeological sites and landscape features Management Plan West Wallsend Colliery (Xstrata of Aboriginal cultural value for the life of the Coal, June 2012) fulfils these requirements. project;
A detailed methodology for inspection of Section 9 of the Aboriginal Cultural Heritage locations proposed for surface ventilation Management Plan West Wallsend Colliery (Xstrata infrastructure construction and future Coal, June 2012) fulfils these requirements. exploration boreholes; A description of the measures that would be implemented if any new Aboriginal Section 8.8 of the Aboriginal Cultural Heritage sites/artefacts or skeletal remains are Management Plan West Wallsend Colliery (Xstrata discovered during works associated with the Coal, June 2012) fulfils these requirements. Project; The provision of Aboriginal cultural Section 8.2 of the Aboriginal Cultural Heritage awareness training for relevant WWC Management Plan West Wallsend Colliery (Xstrata personnel and contractors as part of the Coal, June 2012) fulfils these requirements. induction process; and
A protocol for the ongoing consultation and involvement of the Aboriginal stakeholder Sections 3 and 4 of the Aboriginal Cultural Heritage groups and NPWS/OEH in the conservation Management Plan West Wallsend Colliery (Xstrata and management of Aboriginal cultural Coal, June 2012) fulfils these requirements. heritage within the proposed continued underground mining area.
6.11 Historic Heritage
WWC will map the recorded historic heritage sites on relevant project drawings and plans used during subsidence remediation works to WWC maintains Arch GIS mapping of these heritage 6.11.1 provide that their presence is considered in Complies items. planning such works. Impacts to such sites will be avoided during subsidence remediation works.
WWC personnel involved in subsidence Subsidence remediation works were not required to be remediation works will be briefed about the undertaken near to historic heritage sites at WWC location of the recorded heritage items and during the audit period. However, WWC maintains Arch 6.11.2 Complies their heritage status in an induction prior to GIS mapping of these heritage items so that this conducting work in the continued training can be undertaken if and when this need does underground mining area. arise.
WWC will undertake inspections of historical heritage sites following the completion of undermining the recorded historic heritage sites. If subsidence cracks are identified in 6.11.3 This has not been required during the audit period. Not Triggered the vicinity of the identified sites they will be remediated as soon as practicable, except where any remediation works may result in further adverse impacts.
6.12 Traffic and Transport
WWC will consult with LMCC on the final design of the new intersection associated with the proposed Mining Services Facility. This intersection will require LMCC approval Construction of the MSF did not commence during the 6.12.1 Not Triggered under the Roads Act prior to commencement audit period. of these works. The intersection design will include appropriate deceleration and merge lanes, and signage.
Prior to the commencement of construction activities associated with the Mining Services Construction of the MSF did not commence during the 6.12.2 Facility, WWC will prepare a construction Not Triggered audit period. traffic management plan in consultation with LMCC and the CCC.
60302473 Appendix E 8 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT Environmental Management Strategy Consultation has been undertaken with LMCC on this WWC will consult with LMCC to determine issue. Funding has been provisioned for 2013 for these relevant funding to have the road markings at line marking upgrades to be undertaken. WWC had 6.12.3 the intersection of Wakefield Road and The Complies previously requested that temporary maintenance of the Broadway repainted to appropriately line marking be completed in the meantime. This delineate control and lane lines. temporary linemarking completed in August 2012.
No haulage of coal will be undertaken on public roads, except in the case of Operations at WWC continue to be undertaken in this 6.12.4 Complies emergency and as approved by the Director manner. General. 6.13 Visual WWC will maintain and implement a range of visual controls to screen views of the Mining Construction of the MSF did not commence during the 6.13.1 Not Triggered Services Facility and minimise the visual audit period. impacts, including: Where possible, trees will be retained to maintain visual amenity; Planting of vegetation screening, where necessary, to shield the proposed Mining Services Facility; and
All buildings and infrastructure potentially visible to the public, including the proposed Mining Services Facility, will be coloured in suitably natural tones, where practicable.
6.14 Waste
The management of waste materials Monthly waste generation is reported monthly within generated by the construction and operation Xstrata as per the details that are received from JR of the Project will be managed through the Richards, the waste contractor. Waste contractor design; procurement of materials and provides a specialist check each week to confirm that purchasing; identification and segregation of 6.14.1 wastes are being disposed, stored and managed Complies reusable and recyclable materials; appropriately onsite at WWC. WWC environment staff processing materials for recycling; and also undertake a monthly inspection of waste considering environmental impacts for waste management at the site. During the site visit auditors removal processes, as outlined in the viewed a copy of one such monthly inspection report. existing Waste Management Plan.
6.15 Community
Last community newsletter was published in April 2011. WWC will continue to prepare and distribute WWC currently working on a draft of a new newsletter. Not Compliant - 6.15.1 a community newsletter to surrounding However WWC did conduct a community survey within Recommendation residences every six months. the area during October 2012 to gain community Made feedback on the operation.
WWC will continue to engage the community WWC news has been included in other local regarding the Project and operations in newspapers, information has been provided on the 6.15.2 general through a Community Consultative Complies WWC website, and minutes of the CCC meetings have Committee, as considered appropriate by also been posted online. Department of Planning and Infrastructure.
6.16 Decommissioning and Mine Closure
The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre- feasibility constraints and opportunities analysis review A detailed closure planning process will be has also been drafted for WWC closure. Once this 6.16.1 undertaken for the Project five years prior to Not Triggered analysis is completed, it will indicate what final land use cessation of mining. options are available post-closure. However, the requirement for detailed closure planning has not yet been triggered during the relevant audit period.
60302473 Appendix E 9 AECOM
APPENDIX 3 - STATEMENT OF COMMITMENTS ENVIRONMENTAL MANAGEMENT Environmental Management Strategy Decommissioning of the mining operations and surface facilities associated with the Project will occur progressively throughout the life of the Project, in accordance with conditions of the relevant mining titles and 6.16.2 This has not been required during the audit period. Not Triggered existing closure plan. This will include progressive decommissioning of mine entries, ventilation fans, ventilation shafts, borehole facilities and associated surface facilities, where no longer required.
6.17 Annual Environmental Management, Monitoring, Auditing and Reporting Annual Environmental Management Report WWC will prepare an Annual Review, in During the audit period the Annual Review 2012 was 6.17.1 accordance with project approval Complies prepared as per these requirements. requirements. Independent Environmental Audit WWC will commission and pay the full cost of an Independent Environmental Audit of the 6.17.2 The current IEA satisfies these requirements. Complies Project in accordance with the project approval.
60302473 Appendix E 10 AECOM Independent Environmental Audit
Appendix F
Audit Protocol: Environmental Protection Licences 1360 and 4033
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit F-1
Appendix F Audit Protocol: Environmental Protection Licences 1360 and 4033
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd) 1 Administrative conditions A1 What licence authorises and regulates
Only monitoring Points 4 and 10 from This licence authorises the carrying out of the scheduled activities listed below at the EPL 4033 are considered relevant to the premises specified in A2. The activities are listed according to their scheduled activity scope of this IEA, as they technically sit A1.1 classification, fee-based activity classification and the scale of the operation. Not Triggered within the working at WWC. This Unless otherwise further restricted by a condition of this licence, the scale at which the condition of EPL 4033 was therefore not activity is carried out must not exceed the maximum scale specified in this condition. required to be audited.
A2 Premises to which this licence applies A2.1 The licence applies to the following premises:
This was noted, however the audit did not require a finding to be made on this Not Triggered point.
A3 Information supplied to the EPA This was noted, however the audit did Works and activities must be carried out in accordance with the proposal contained in the A3.1 not require a finding to be made on this Not Triggered licence application, except as expressly provided by a condition of this licence. point. In this condition the reference to "the licence application" includes a reference to: a) The applications for any licences (including former pollution control approvals) which this licence replaces under the Protection of the Environment Operations (Savings and Transitional) Regulation 1998; and b) The licence information form provided by the licensee to the EPA to assist the EPA in connection with the issuing of this licence. 2 Discharges to air and water and applications to land P1 Location of monitoring/discharge points and areas The following points referred to in the table below are identified in this licence for the This was noted, however the audit did P1.1 purposes of monitoring and/or the setting of limits for the emission of pollutants to the air not require a finding to be made on this Not Triggered from the point. point.
60302473 Appendix F - EPLs 4033 and 1360 1 AECOM
Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd) This was noted, however the audit did The following points referred to in the table are identified in this licence for the purposes of P1.2 not require a finding to be made on this Not Triggered the monitoring and/or the setting of limits for discharges of pollutants to water from the point. point. The following utilisation areas referred to in the table below are identified in this licence for This was noted, however the audit did P1.3 the purposes of the monitoring and/or the setting of limits for any application of solids or not require a finding to be made on this Not Triggered liquids to the utilisation area. point.
3 Limit conditions L1 Pollution of waters Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the scope of this IEA, as they technically sit Except as may be expressly provided in any other condition of this licence, the licensee must L1.1 within the working at WWC. No water Complies comply with section 120 of the Protection of the Environment Operations Act 1997. quality or limit exceedances were recorded at monitoring point 4 during the audit period. Only monitoring Points 4 and 10 from Exceedance of a discharge quality limit specified in this licence for the discharge of Total EPL 4033 are considered relevant to the Suspended Solids from Point 16 or a volume limit for discharge from Point 16 is permitted if scope of this IEA, as they technically sit L1.2 Not Triggered the discharge via Point 16 occurs solely as a result of rainfall at the premises exceeding a within the working at WWC. This total of 50 millimetres over any consecutive five day period. condition of EPL 4033 was therefore not required to be audited. L2 Concentration Limits Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the For each monitoring/discharge point or utilisation area specified in the table\s below (by a scope of this IEA, as they technically sit L2.1 point number), the concentration of a pollutant discharged at that point, or applied to that Not Triggered within the working at WWC. This area, must not exceed the concentration limits specified for that pollutant in the table. condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the Where a pH quality limit is specified in the table, the specified percentage of samples must scope of this IEA, as they technically sit L2.2 Not Triggered be within the specified ranges. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the To avoid any doubt, this condition does not authorise the pollution of waters by any pollutant scope of this IEA, as they technically sit L2.3 Not Triggered other than those specified in the table\s. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
60302473 Appendix F - EPLs 4033 and 1360 2 AECOM
Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd) Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the scope of this IEA, as they technically sit L2.4 Water and/or Land Concentration Limits Not Triggered within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
L3 Volume and mass limits Only monitoring Points 4 and 10 from For each discharge point or utilisation area specified below (by a point number), the EPL 4033 are considered relevant to the volume/mass of: scope of this IEA, as they technically sit L3.1 a) Liquids discharged to water; or; Not Triggered within the working at WWC. This b) Solids or liquids applied to the area; condition of EPL 4033 was therefore not must not exceed the volume/mass limit specified for that discharge point or area. required to be audited.
L4 Waste The licensee must not cause, permit or allow any waste to be received at the premises, Only monitoring Points 4 and 10 from except the wastes expressly referred to in the column titled “Waste” and meeting the EPL 4033 are considered relevant to the definition, if any, in the column titled “Description” in the table below. scope of this IEA, as they technically sit L4.1 Any waste received at the premises must only be used for the activities referred to in relation Not Triggered within the working at WWC. This to that waste in the column titled “Activity” in the table below. condition of EPL 4033 was therefore not Any waste received at the premises is subject to those limits or conditions, if any, referred to required to be audited. in relation to that waste contained in the column titled “Other Limits” in the table below.
L5 Noise Limits L5.1 Noise from the premises must not exceed: (a) An LAeq(15 minute) noise emission criteria of 42dB(A) during the day (0700-1800), Only monitoring Points 4 and 10 from Monday to Saturday, at the nearest residential receiver; EPL 4033 are considered relevant to the (b) An LAeq(15 minute) noise emission criteria of 39dB(A) during the evening (1800-2200), scope of this IEA, as they technically sit Not Triggered Monday to Saturday, at the nearest residential receiver; within the working at WWC. This (c) An LAeq(15 minute) noise emission criteria of 36dB(A) during the night (2200-0700), condition of EPL 4033 was therefore not Monday to Saturday, at the nearest residential receiver. required to be audited. The noise limits apply during the day or night-time under winds up to 3 metres per second (measured at 10 metres above ground level) and Pasquill stability class from A to F.
Definition: LAeq is the equivalent continuous noise level - the level equivalent to the energy average of noise levels emitted by the premises over the stated measurement period.
Only monitoring Points 4 and 10 from Noise from the premises is to be measured or computed at the most affected point on or EPL 4033 are considered relevant to the within the residential property boundary or, if that is more than 30 metres from the residence, scope of this IEA, as they technically sit L5.2 Not Triggered at the most affected point within 30 metres of the residence to determine compliance with within the working at WWC. This condition L4.1. 5dB(A) must be added if the noise is tonal or impulsive in character. condition of EPL 4033 was therefore not required to be audited. L6 Potentially Offensive Odour Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the No condition of this licence identifies a potentially offensive odour for the purposes of Section scope of this IEA, as they technically sit L6.1 Not Triggered 129 of the Protection of the Environment Operations Act 1997 . within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
60302473 Appendix F - EPLs 4033 and 1360 3 AECOM
Clause Requirement Evidence Audit Finding 4EPL Operating 4033 (Oceanic Conditions Coal Australia Pty Ltd) O1 Activities must be carried out in a competent manner Licensed activities must be carried out in a competent manner. O1.1 This includes: Only monitoring Points 4 and 10 from a) The processing, handling, movement and storage of materials and substances used to EPL 4033 are considered relevant to the carry out the activity; and scope of this IEA, as they technically sit Not Triggered b) The treatment, storage, processing, reprocessing, transport and disposal of waste within the working at WWC. This generated by the activity. condition of EPL 4033 was therefore not required to be audited. O2 Maintenance of Plant and Equipment Only monitoring Points 4 and 10 from All plant and equipment installed at the premises or used in connection with the licensed EPL 4033 are considered relevant to the activity: scope of this IEA, as they technically sit O2.1 Not Triggered a) Must be maintained in a proper and efficient condition; and within the working at WWC. This b) Must be operated in a proper and efficient manner. condition of EPL 4033 was therefore not required to be audited. O3 Dust Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the The premises must be maintained in a condition which minimises or prevents the emission of scope of this IEA, as they technically sit O3.1 Not Triggered dust from the premises. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited. 5 Monitoring and recording conditions M1 Monitoring records During the site visit, auditors viewed Xstrata EPL records for EPL 1360. Due to the site constraints of the current site audit, auditors were not able to directly view EPL monitoring records for the The results of any monitoring required to be conducted by this licence or a load calculation M1.1 Westside Mine to ensure that they are Complies protocol must be recorded and retained as set out in this condition. maintained according to this Condition M1. However, interviews with WWC environment personnel confirmed that this was undertaken during the audit period.
Due to the site constraints of the current site audit, auditors were not able to directly view EPL monitoring records for All records required to be kept by this licence must be: the Westside Mine to ensure that they a) In a legible form, or in a form that can readily be reduced to a legible form; are maintained according to this M1.2 Complies b) Kept for at least 4 years after the monitoring or event to which they relate took place; and Condition M1. However auditors did view c) Produced in a legible form to any authorised officer of the EPA who asks to see them. Xstrata EPL records for WWC back to 2003. EPL records were noted to be in good order, and WWC site staff were able to access them easily.
Due to the site constraints of the current site audit, auditors were not able to The following records must be kept in respect of any samples required to be collected for the directly view EPL monitoring records for purposes of this licence: the Westside Mine to ensure that they a) The date(s) on which the sample was taken; are maintained according to this M1.3 Complies b) The time(s) at which the sample was collected; Condition M1. However during the site c) The point at which the sample was taken; and visit, auditors viewed Xstrata EPL d) The name of the person who collected the sample. records and it was confirmed that these details are included in monitoring records. M2 Requirement to monitor concentration of pollutants discharged Only monitoring Points 4 and 10 from For each monitoring/discharge point or utilisation area specified below (by a point number), EPL 4033 are considered relevant to the the licensee must monitor (by sampling and obtaining results by analysis) the concentration scope of this IEA, as they technically sit M2.1 Not Triggered of each pollutant specified in Column 1. The licensee must use the sampling method, units of within the working at WWC. This measure, and sample at the frequency, specified opposite in the other columns: condition of EPL 4033 was therefore not required to be audited.
60302473 Appendix F - EPLs 4033 and 1360 4 AECOM
Clause Requirement Evidence Audit Finding EPLM2.2 4033 Air (Oceanic Monitoring Coal Requirements Australia Pty Ltd)
M2.3 Water and/ or Land Monitoring Requirements
Complies
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the scope of this IEA, as they technically sit within the working at WWC. No water quality or limit exceedances were recorded at monitoring point 4 during the audit period.
60302473 Appendix F - EPLs 4033 and 1360 5 AECOM
Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd)
60302473 Appendix F - EPLs 4033 and 1360 6 AECOM
Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd)
Note: Special Method 1 means monitoring of the pollutant discharged shall be carried out weekly, on the basis of a bulk sample made up of representative daily samples collected on each working day. Special Method 2 means calculation of the concentration of pollutants discharged via this point by proportional volume calculation of the monitoring results at Points 2, 3, 4 and 6. M3 Testing methods - concentration limits Due to the site constraints of the current Monitoring for the concentration of a pollutant emitted to the air required to be conducted by site audit, auditors were not able to this licence must be done in accordance with: directly view EPL monitoring records for a) any methodology which is required by or under the Act to be used for the testing of the the Westside Mine to ensure that they concentration of the pollutant; or are maintained according to this M3.1 b) if no such requirement is imposed by or under the Act, any methodology which a condition Complies Condition M3. However auditors did view of this licence requires to be used for that testing; or Xstrata EPL records for WWC back to c) if no such requirement is imposed by or under the Act or by a condition of this licence, any 2003. EPL records were noted to methodology approved in writing by the EPA for the purposes of that testing prior to the conform to these methodology testing taking place. requirements.
Note: The Protection of the Environment Operations (Clean Air) Regulation 2010 requires testing for certain purposes to be conducted in accordance with test methods contained in the publication "Approved Methods for the Sampling and Analysis of Air Pollutants in NSW".
Due to the site constraints of the current site audit, auditors were not able to directly view EPL monitoring records for Subject to any express provision to the contrary in this licence, monitoring for the the Westside Mine to ensure that they concentration of a pollutant discharged to waters or applied to a utilisation area must be done are maintained according to this M3.2 Complies in accordance with the Approved Methods Publication unless another method has been Condition M3. However auditors did view approved by the EPA in writing before any tests are conducted. Xstrata EPL records for WWC back to 2003. EPL records were noted to conform to these methodology requirements. M4 Weather monitoring Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the The licensee must collect and analyse meteorological data on the premises for each weather scope of this IEA, as they technically sit M4.1 parameter specified in column 1. The licensee must use the sampling method, units of Not Triggered within the working at WWC. This measure and sample at the frequency specified opposite in the other columns: condition of EPL 4033 was therefore not required to be audited.
Note: 1: Methods AM-2 & AM-4 are specified in the Approved Methods for the Sampling and Analysis of Air Pollutants in New South Wales and all monitoring must be conducted strictly in accordance with the requirements outlined in this document.
60302473 Appendix F - EPLs 4033 and 1360 7 AECOM
Clause Requirement Evidence Audit Finding M5EPL Recording 4033 (Oceanic of pollution Coal Australia complaints Pty Ltd) The licensee must keep a legible record of all complaints made to the licensee or any This has not been required during the M5.1 employee or agent of the licensee in relation to pollution arising from any activity to which this Not Triggered audit period. licence applies. The record must include details of the following: a) The date and time of the complaint; b) The method by which the complaint was made; c) Any personal details of the complainant which were provided by the complainant or, if no This has not been required during the M5.2 such details were provided, a note to that effect; Not Triggered audit period. d) The nature of the complaint; e) The action taken by the licensee in relation to the complaint, including any follow-up contact with the complainant; and f) If no action was taken by the licensee, the reasons why no action was taken. This has not been required during the M5.3 The record of a complaint must be kept for at least 4 years after the complaint was made. Not Triggered audit period. This has not been required during the M5.4 The record must be produced to any authorised officer of the EPA who asks to see them. Not Triggered audit period. M6 Telephone complaints line Only monitoring Points 4 and 10 from The licensee must operate during its operating hours a telephone complaints line for the EPL 4033 are considered relevant to the purpose of receiving any complaints from members of the public in relation to activities scope of this IEA, as they technically sit M6.1 Not Triggered conducted at the premises or by the vehicle or mobile plant, unless otherwise specified in the within the working at WWC. This licence. condition of EPL 4033 was therefore not required to be audited. Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the The licensee must notify the public of the complaints line telephone number and the fact that scope of this IEA, as they technically sit M6.2 Not Triggered it is a complaints line so that the impacted community knows how to make a complaint. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from The preceding two conditions do not apply until 3 months after: EPL 4033 are considered relevant to the a) The date of the issue of this licence or scope of this IEA, as they technically sit M6.3 b) If this licence is a replacement licence within the meaning of the Protection of the Not Triggered within the working at WWC. This Environment Operations (Savings and Transitional) Regulation 1998, the date on which a condition of EPL 4033 was therefore not copy of the licence was served on the licensee under clause 10 of that regulation. required to be audited. M7 Requirement to Monitor Volume or Mass For each discharge point or utilisation area specified below, the licensee must monitor: a) The volume of liquids discharged to water or applied to the area; Interviews with WWC environment staff M7.1 b) The mass of solids applied to the area; during the site visit confirmed that this Complies c) The mass of pollutants emitted to the air; has occurred during the audit period. at the frequency and using the method and units of measure, specified below.
This was noted, however the audit did Other Approved Method 1 means calculation by summing the measured discharge volumes M7.2 not require a finding to be made on this Not Triggered from Points 2, 3, 4 and 6. point. Note: Other Approved Method 1 means calculation by summing the measured discharge volumes from Points 2, 3, 4 and 6. 6 Reporting Conditions R1 Annual return documents The licensee must complete and supply to the EPA an Annual Return in the approved form Only monitoring Points 4 and 10 from comprising: EPL 4033 are considered relevant to the a) A Statement of Compliance; and scope of this IEA, as they technically sit R1.1 Not Triggered b) A Monitoring and Complaints Summary. within the working at WWC. This At the end of each reporting period, the EPA will provide to the licensee a copy of the form condition of EPL 4033 was therefore not that must be completed and returned to the EPA. required to be audited.
60302473 Appendix F - EPLs 4033 and 1360 8 AECOM
Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd) Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the An Annual Return must be prepared in respect of each reporting period, except as provided scope of this IEA, as they technically sit R1.2 Not Triggered below. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited. Note: The term "reporting period" is defined in the dictionary at the end of this licence. Do not complete the Annual Return until after the end of the reporting period. Where this licence is transferred from the licensee to a new licensee: Only monitoring Points 4 and 10 from a) The transferring licensee must prepare an Annual Return for the period commencing on EPL 4033 are considered relevant to the the first day of the reporting period and ending on the date the application for the transfer of scope of this IEA, as they technically sit R1.3 the licence to the new licensee is granted; and Not Triggered within the working at WWC. This b) The new licensee must prepare an Annual Return for the period commencing on the date condition of EPL 4033 was therefore not the application for the transfer of the licence is granted and ending on the last day of the required to be audited. reporting period. Note: An application to transfer a licence must be made in the approved form for this purpose.
Where this licence is surrendered by the licensee or revoked by the EPA or Minister, the Only monitoring Points 4 and 10 from licensee must prepare an Annual Return in respect of the period commencing on the first day EPL 4033 are considered relevant to the of the reporting period and ending on: scope of this IEA, as they technically sit R1.4 a) In relation to the surrender of a licence - the date when notice in writing of approval of the Not Triggered within the workings at WWC. This surrender is given; or condition of EPL 4033 was therefore not b) In relation to the revocation of the licence - the date from which notice revoking the licence required to be audited. operates.
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the The Annual Return for the reporting period must be supplied to the EPA by registered post scope of this IEA, as they technically sit R1.5 not later than 60 days after the end of each reporting period or in the case of a transferring Not Triggered within the workings at WWC. This licence not later than 60 days after the date the transfer was granted (the 'due date'). condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the The licensee must retain a copy of the Annual Return supplied to the EPA for a period of at scope of this IEA, as they technically sit R1.6 Not Triggered least 4 years after the Annual Return was due to be supplied to the EPA. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from Within the Annual Return, the Statement of Compliance must be certified and the Monitoring EPL 4033 are considered relevant to the and Complaints Summary must be signed by: scope of this IEA, as they technically sit R1.7 Not Triggered a) The licence holder; or within the working at WWC. This b) By a person approved in writing by the EPA to sign on behalf of the licence holder. condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the A person who has been given written approval to certify a certificate of compliance under a scope of this IEA, as they technically sit R1.8 licence issued under the Pollution Control Act 1970 is taken to be approved for the purpose Not Triggered within the working at WWC. This of this condition until the date of first review of this licence. condition of EPL 4033 was therefore not required to be audited. R2 Notification of Environmental Harm Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the scope of this IEA, as they technically sit R2.1 Notifications must be made by telephoning the Environment Line service on 131 555. Not Triggered within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the The licensee must provide written details of the notification to the EPA within 7 days of the scope of this IEA, as they technically sit R2.2 Not Triggered date on which the incident occurred. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
Note: The licensee or its employees must notify all relevant authorities of incidents causing or threatening material harm to the environment immediately after the person becomes aware of the incident in accordance with the requirements of Part 5.7 of the Act. R3 Written Report Where an authorised officer of the EPA suspects on reasonable grounds that: a) Where this licence applies to premises, an event has occurred at the premises; or b) Where this licence applies to vehicles or mobile plant, an event has occurred in connection This has not been required during the R3.1 with the carrying out of the activities authorised by this licence, Not Triggered audit period. and the event has caused, is causing or is likely to cause material harm to the environment (whether the harm occurs on or off premises to which the licence applies), the authorised officer may request a written report of the event.
60302473 Appendix F - EPLs 4033 and 1360 9 AECOM
Clause Requirement Evidence Audit Finding EPL 4033The (Oceanic licensee Coal must Australia make all Ptyreasonable Ltd) inquiries in relation to the event and supply the report This has not been required during the R3.2 Not Triggered to the EPA within such time as may be specified in the request. audit period.
The request may require a report which includes any or all of the following information: a) The cause, time and duration of the event; b) The type, volume and concentration of every pollutant discharged as a result of the event; c) The name, address and business hours telephone number of employees or agents of the licensee, or a specified class of them, who witnessed the event; d) The name, address and business hours telephone number of every other person (of whom This has not been required during the R3.3 the licensee is aware) who witnessed the event, unless the licensee has been unable to Not Triggered audit period. obtain that information after making reasonable effort; e) Action taken by the licensee in relation to the event, including any follow-up contact with any complainants; f) Details of any measure taken or proposed to be taken to prevent or mitigate against a recurrence of such an event; and g) Any other relevant matters.
The EPA may make a written request for further details in relation to any of the above matters This has not been required during the R3.4 if it is not satisfied with the report provided by the licensee. The licensee must provide such Not Triggered audit period. further details to the EPA within the time specified in the request.
R4 Other Reporting Conditions R4.1 Meteorological Reporting Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the Monthly meteorological reports must be prepared for inclusion in the annual return. Valid scope of this IEA, as they technically sit Not Triggered data must be reported for at least 80% of the annual return period. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited. 7 General Conditions G1 Copy of licence kept at premises or plant Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the scope of this IEA, as they technically sit G1.1 A copy of this licence must be kept at the premises to which the licence applies. Not Triggered within the working at WWC. This condition of EPL 4033 was therefore not required to be audited. Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the scope of this IEA, as they technically sit G1.2 The licence must be produced to any authorised officer of the EPA who asks to see it. Not Triggered within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the The licence must be available for inspection by any employee or agent of the licensee scope of this IEA, as they technically sit G1.3 Not Triggered working at the premises. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited. 8 Special Conditions E1 Discontinuation of Mining Note: The EPA understands that the licensee is about to cease coal mining activities at the premises. It is the EPA's intention to include a Pollution Reduction Program requiring the licensee to conduct a site specific determination of best management practices to reduce particulate emissions from coal mining activities, if coal mining recommences. Only monitoring Points 4 and 10 from EPL 4033 are considered relevant to the After 30 March 2012, the licensee must notify the EPA's Manager, Hunter Region in writing scope of this IEA, as they technically sit E1.1 Not Triggered prior to mining or handling any coal on the premises. within the working at WWC. This condition of EPL 4033 was therefore not required to be audited.
Clause Requirement Evidence Audit Finding EPL 1360 (Oceanic Coal Australia Pty Ltd) 1 Administrative conditions A1 What licence authorises and regulates This licence authorises the carrying out of the scheduled activities listed below at the As stated in the Annual Review 2012, for premises specified in A2. The activities are listed according to their scheduled activity the reporting period 1 January to 31 A1.1 classification, fee-based activity classification and the scale of the operation. Complies December 2012, approximately 4.2 mega Unless otherwise further restricted by a condition of this licence, the scale at which the tonnes of ROM was extracted at WWC. activity is carried out must not exceed the maximum scale specified in this condition.
60302473 Appendix F - EPLs 4033 and 1360 10 AECOM
Clause Requirement Evidence Audit Finding EPLA2 Premises 4033 (Oceanic to which Coal this Australia licence Ptyapplies Ltd) A2.1 The licence applies to the following premises:
This was noted, however the audit did not require a finding to be made on this Not Triggered point.
A3 Other Activities This was noted, however the audit did This licence applies to all other activities carried on at the premises, including: A3.1 not require a finding to be made on this Not Triggered Sewage treatment systems point. A4 Information supplied to the EPA Works and activities must be carried out in accordance with the proposal contained in the licence application, except as expressly provided by a condition of this licence. In this condition the reference to "the licence application" includes a reference to: This was noted, however the audit did a) The applications for any licences (including former pollution control approvals) which this A4.1 not require a finding to be made on this Not Triggered licence replaces under the Protection of the Environment Operations (Savings and point. Transitional) Regulation 1998; and b) The licence information form provided by the licensee to the EPA to assist the EPA in connection with the issuing of this licence. 2 Discharges to air and water and applications to land P1 Location of monitoring/discharge points and areas The following points referred to in the table below are identified in this licence for the This was noted, however the audit did P1.1 purposes of monitoring and/or the setting of limits for the emission of pollutants to the air not require a finding to be made on this Not Triggered from the point. point.
This was noted, however the audit did The following points referred to in the table are identified in this licence for the purposes of P1.2 not require a finding to be made on this Not Triggered the monitoring and/or the setting of limits for discharges of pollutants to water from the point. point. The following utilisation areas referred to in the table below are identified in this licence for This was noted, however the audit did P1.3 the purposes of the monitoring and/or the setting of limits for any application of solids or not require a finding to be made on this Not Triggered liquids to the utilisation area. point.
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Clause Requirement Evidence Audit Finding 3EPL Limit 4033 conditions (Oceanic Coal Australia Pty Ltd) L1 Pollution of waters
On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed Except as may be expressly provided in any other condition of this licence, the licensee must from the Bottom Dam and the North East L1.1 Not Compliant comply with section 120 of the Protection of the Environment Operations Act 1997. Dam. In contravention of Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act.
Exceedance of a quality limit specified in this licence for the discharge of Total Suspended Solids from Point 1 or a volume limit for discharge from Point 1 is permitted if the discharge Not relevant to the operations at WWC L1.2 Not Triggered from Point 1 occurs solely as a result of rainfall at the premises exceeding a total of 50 forming part of this IEA. millimetres over any consecutive five day period. L2 Concentration Limits No concentration limit exceedances of air For each monitoring/discharge point or utilisation area specified in the table\s below (by a quality criteria were recorded at EPL L2.1 point number), the concentration of a pollutant discharged at that point, or applied to that Complies monitoring points within WWC during area, must not exceed the concentration limits specified for that pollutant in the table. the audit period. On 28 March 2013 a monthly water sample was collected from Point 2. The Where a pH quality limit is specified in the table, the specified percentage of samples must L2.2 laboratory results received on 9 April Not Compliant be within the specified ranges. 2013 indicated a pH value of 9.4 for point 2. This was noted, however the audit did To avoid any doubt, this condition does not authorise the pollution of waters by any pollutant L2.3 not require a finding to be made on this Not Triggered other than those specified in the table\s. point. L2.4 Water and/or Land Concentration Limits
L3 Volume and mass limits On 29 January, an unmetered discharge of water was observed from the surface For each discharge point or utilisation area specified below (by a point number), the water management discharge dam volume/mass of: known as Bottom Dam, which is linked L3.1 a) liquids discharged to water; or; Not Compliant to EPL Point 2. On 1 March 2013 b) solids or liquids applied to the area; unmetered discharge was also observed must not exceed the volume/mass limit specified for that discharge point or area. from the Bottom Dam and the North East Dam.
Not relevant to the operations at WWC L3.2 The flow rate for Point 3 must not exceed 7 kilolitres per minute. Not Triggered forming part of this IEA.
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Clause Requirement Evidence Audit Finding EPLL4 Waste 4033 (Oceanic Coal Australia Pty Ltd) The licensee must not cause, permit or allow any waste to be received at the premises, Not relevant to the operations at WWC L4.1 except the wastes expressly referred to in the column titled "Waste" and meeting the Not Triggered forming part of this IEA. definition, if any, in the column titled "Description" in the table below. Any waste received at the premises must only be used for the activities referred to in relation to that waste in the column titled "Activity" in the table below. Any wast received at the premises is subject to those limits or conditions, if any, referred to in relation to that waste contained in the column titled "Other Limits" in the table below. Condition L4.1 does not limit any other conditions in this licence.
L5 Potentially Offensive Odour During the audit period no offensive odours have been noticed in relation to The licensee must not cause or permit the emission of offensive odour beyond the boundary L5.1 the operations at WWC. Also, no Complies of the premises. community complaints regarding odour have been received. Note: Section 129 of the Protection of the Environment Operations Act 1997, provides that the licensee must not cause or permit the emission of any offensive odour from the premises but This was noted, however the audit did provides a defence if the emission is identified in the relevant environment protection licence not require a finding to be made on this Not Triggered as a potentially offensive odour and the odour was emitted in accordance with the conditions point. of a licence directed at minimising odour. 4 Operating Conditions O1 Activities must be carried out in a competent manner Licensed activities must be carried out in a competent manner. This includes: During the site visit undertaken by the a) The processing, handling, movement and storage of materials and substances used to auditors, operations at WWC were O1.1 carry out the activity; and Complies observed to be undertaken in a b) The treatment, storage, processing, reprocessing, transport and disposal of waste competent manner. generated by the activity. O2 Maintenance of Plant and Equipment
WWC operates under its Surface Equipment Maintenance Plan: West Wallsend Colliery ( Xstrata Coal, March 2013), its Surface Mobile Equipment Maintenance Plan: West Wallsend All plant and equipment installed at the premises or used in connection with the licensed Colliery (Xstrata Coal, August 2011), its activity: O2.1 Complies a) Must be maintained in a proper and efficient condition; and Development Maintenance Plan: West b) Must be operated in a proper and efficient manner. Wallsend Colliery (Xstrata Coal, October 2012), and its Conveyor Maintenance Plan: West Wallsend Colliery (Xstrata Coal, April 2011) . Auditors also viewed examples of daily and weekly maintenance inspection schedules.
O3 Dust
As outlined in Annual Review 2012, WWC is not considered to be a significant contributor of dust to ambient levels in the atmosphere, due to the fact The premises must be maintained in a condition which minimises or prevents the emission of that mining operations are undertaken O3.1 Complies dust from the premises. underground and a range of surface management measures are employed. Operations were viewed by auditors during site inspection. Dust was not found to be an issue.
As outlined in Annual Review 2012, WWC is not considered to be a significant contributor of dust to ambient levels in the atmosphere, due to the fact Material removed during conveyor belt cleaning operations must be contained for dust free that mining operations are undertaken O3.2 Complies disposal or reuse. It must not be discharged to the ground. underground and a range of surface management measures are employed. Operations were viewed by auditors during site inspection. Dust was not found to be an issue.
60302473 Appendix F - EPLs 4033 and 1360 13 AECOM
Clause Requirement Evidence Audit Finding 5EPL Monitoring 4033 (Oceanic and recording Coal Australia conditions Pty Ltd) M1 Monitoring records During the site visit, auditors viewed EPL The results of any monitoring required to be conducted by this licence or a load calculation M1.1 records to be maintained according to Complies protocol must be recorded and retained as set out in this condition. this Condition M1. During the site visit, auditors viewed EPL All records required to be kept by this licence must be: records for WWC back to 2003. EPL a) In a legible form, or in a form that can readily be reduced to a legible form; M1.2 records were noted to be in good order, Complies b) Kept for at least 4 years after the monitoring or event to which they relate took place; and and WWC site staff were able to access c) Produced in a legible form to any authorised officer of the EPA who asks to see them. them easily.
The following records must be kept in respect of any samples required to be collected for the purposes of this licence: During the site visit, auditors viewed EPL a) The date(s) on which the sample was taken; records for WWC and it was confirmed M1.3 Complies b) The time(s) at which the sample was collected; that these details are included in c) The point at which the sample was taken; and monitoring records. d) The name of the person who collected the sample.
M2 Requirement to monitor concentration of pollutants discharged For each monitoring/discharge point or utilisation area specified below (by a point number), No concentration limit exceedances of the licensee must monitor (by sampling and obtaining results by analysis) the concentration these pollutants were recorded at EPL M2.1 Complies of each pollutant specified in Column 1. The licensee must use the sampling method, units of monitoring points within WWC during measure, and sample at the frequency, specified opposite in the other columns: the audit period.
M2.2 Air Monitoring Requirements
No concentration limit exceedances of these pollutants were recorded at EPL Complies monitoring points within WWC during the audit period.
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Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd) No concentration limit exceedances of these pollutants were recorded at EPL M2.3 Water and/ or Land Monitoring Requirements Complies monitoring points within WWC during the audit period.
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Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd)
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Clause Requirement Evidence Audit Finding EPL 4033 (Oceanic Coal Australia Pty Ltd)
M3 Testing methods - concentration limits The Air Quality and Greenhouse Gas Monitoring for the concentration of a pollutant emitted to the air required to be conducted by Management Plan West Wallsend this licence must be done in accordance with: Colliery (Xstrata Coal) provides for dust a) Any methodology which is required by or under the Act to be used for the testing of the depositional monitoring to be undertaken concentration of the pollutant; or in accordance with Approved methods M3.1 b) If no such requirement is imposed by or under the Act, any methodology which a condition Complies for the sampling of this licence requires to be used for that testing; or and analysis of air pollutants in NSW’ c) If no such requirement is imposed by or under the Act or by a condition of this licence, any (EPA, 2007), including Australian methodology approved in writing by the EPA for the purposes of that testing prior to the Standards 3580.9.3:2003, AS/NZS testing taking place. 3580.9.7:2009 and AS 3580.14:2011. Note: The Protection of the Environment Operations (Clean Air) Regulation 2010 requires testing for certain purposes to be conducted in accordance with test methods contained in the publication "Approved Methods for the Sampling and Analysis of Air Pollutants in NSW". Auditors viewed evidence of WWC staff undertaking training in accordance with Approved Methods for the Sampling and Subject to any express provision to the contrary in this licence, monitoring for the Analysis of Water Pollutants in New concentration of a pollutant discharged to waters or applied to a utilisation area must be done M3.2 South Wales (DEC, 2004). Training was Complies in accordance with the Approved Methods Publication unless another method has been undertaken by VGT, and an external approved by the EPA in writing before any tests are conducted. audit was undertaken to confirm compliance with the Approved Methods and relevant Australian Standards.
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Clause Requirement Evidence Audit Finding M4EPL Recording 4033 (Oceanic of pollution Coal Australia complaints Pty Ltd) The licensee must keep a legible record of all complaints made to the licensee or any Community Complaints Register is M4.1 employee or agent of the licensee in relation to pollution arising from any activity to which this Complies maintained on WWC website. licence applies.
The record must include details of the following: a) The date and time of the complaint; b) The method by which the complaint was made; c) Any personal details of the complainant which were provided by the complainant or, if no Community Complaints Register M4.2 such details were provided, a note to that effect; maintained on WWC website records Complies d) The nature of the complaint; most of this data. e) The action taken by the licensee in relation to the complaint, including any follow-up contact with the complainant; and f) If no action was taken by the licensee, the reasons why no action was taken.
These records are maintained in M4.3 The record of a complaint must be kept for at least 4 years after the complaint was made. Xstrata's internal Xstra Safe electronic Complies system for at least this time period.
Not relevant to the operations at WWC M4.4 The record must be produced to any authorised officer of the EPA who asks to see them. Not Triggered forming part of this IEA. M5 Telephone complaints line A 24 hour general contact number is provided on WWC's website. A separate The licensee must operate during its operating hours a telephone complaints line for the phone number for community purpose of receiving any complaints from members of the public in relation to activities M5.1 complaints and enquiries is also Complies conducted at the premises or by the vehicle or mobile plant, unless otherwise specified in the provided on the website, and it is licence. advised that this number is available during business hours. A 24 hour general contact number is provided on WWC's website. A separate phone number for community The licensee must notify the public of the complaints line telephone number and the fact that M5.2 complaints and enquiries is also Complies it is a complaints line so that the impacted community knows how to make a complaint. provided on the website, and it is advised that this number is available during business hours. The preceding two conditions do not apply until 3 months after: a) The date of the issue of this licence or This was noted, however the audit did M5.3 b) If this licence is a replacement licence within the meaning of the Protection of the not require a finding to be made on this Not Triggered Environment Operations (Savings and Transitional) Regulation 1998, the date on which a point. copy of the licence was served on the licensee under clause 10 of that regulation. M6 Requirement to Monitor Volume or Mass The site auditors viewed monthly EPL For each discharge point or utilisation area specified below, the licensee must monitor: monitoring data from WWC and it was a) The volume of liquids discharged to water or applied to the area; confirmed that this information is M6.1 b) The mass of solids applied to the area; Complies monitored. The flow meter on the c) The mass of pollutants emitted to the air; pipeline at EPL Point 2 was inspected by at the frequency and using the method and units of measure, specified below. the auditors during the site visit.
Note: For the purpose of this condition Special method 1 means flowmeter or continuous logger.
60302473 Appendix F - EPLs 4033 and 1360 18 AECOM
Clause Requirement Evidence Audit Finding 6EPL Reporting 4033 (Oceanic Conditions Coal Australia Pty Ltd) R1 Annual return documents The licensee must complete and supply to the EPA an Annual Return in the approved form comprising: The EPL return from the 2012 EPL a) A Statement of Compliance; and reporting period was sighted by the R1.1 b) A Monitoring and Complaints Summary. Complies auditors, and confirmed to comply with At the end of each reporting period, the EPA will provide to the licensee a copy of the form these requirements. that must be completed and returned to the EPA. There has only been one EPL return An Annual Return must be prepared in respect of each reporting period, except as provided required during the audit period (i.e. for R1.2 Complies below. the 2012 reporting period) which was sighted by the auditors. Note: The term "reporting period" is defined in the dictionary at the end of this licence. Do not complete the Annual Return until after the end of the reporting period. Where this licence is transferred from the licensee to a new licensee: a) The transferring licensee must prepare an Annual Return for the period commencing on the first day of the reporting period and ending on the date the application for the transfer of This has not been required during the R1.3 the licence to the new licensee is granted; and Not Triggered audit period. b) The new licensee must prepare an Annual Return for the period commencing on the date the application for the transfer of the licence is granted and ending on the last day of the reporting period.
Note: An application to transfer a licence must be made in the approved form for this purpose.
Where this licence is surrendered by the licensee or revoked by the EPA or Minister, the licensee must prepare an Annual Return in respect of the period commencing on the first day of the reporting period and ending on: This has not been required during the R1.4 a) In relation to the surrender of a licence - the date when notice in writing of approval of the Not Triggered audit period. surrender is given; or b) In relation to the revocation of the licence - the date from which notice revoking the licence operates.
The Annual Return for the reporting period must be supplied to the EPA by registered post The anniversary date of EPL 1360 is 31 R1.5 not later than 60 days after the end of each reporting period or in the case of a transferring December 2012. The EPL annual return Complies licence not later than 60 days after the date the transfer was granted (the 'due date'). for 2012 is dated 22 February 2013.
During the site visit, auditors viewed Annual EPL returns for WWC back to The licensee must retain a copy of the Annual Return supplied to the EPA for a period of at R1.6 2003. EPL return records were noted to Complies least 4 years after the Annual Return was due to be supplied to the EPA. be in good order, and WWC site staff were able to access them easily. Within the Annual Return, the Statement of Compliance must be certified and the Monitoring The EPL return from the 2012 EPL and Complaints Summary must be signed by: reporting period was sighted by the R1.7 Complies a) The licence holder; or auditors, and confirmed to have been b) By a person approved in writing by the EPA to sign on behalf of the licence holder. signed by two company directors. A person who has been given written approval to certify a certificate of compliance under a This was noted, however the audit did R1.8 licence issued under the Pollution Control Act 1970 is taken to be approved for the purpose not require a finding to be made on this Not Triggered of this condition until the date of first review of this licence. point.
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Clause Requirement Evidence Audit Finding EPLR2 Notification 4033 (Oceanic of Environmental Coal Australia Harm Pty Ltd)
On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam. This incident was reported to the EPA on the same day. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Dam. This incident was reported to the EPA on Note: The licensee or its employees must notify the EPA of incidents causing or threatening the same day. In contravention of material harm to the environment as soon as practicable after the person becomes aware of Complies Condition L2.2 on 28 March 2013 a the incident in accordance with the requirements of Part 5.7 of the Act. monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. This exceedance was reported to the EPA on 19 April, after WWC commissioned retesting of the samples to confirm the exceedance had occurred. The auditors also viewed evidence of the 4 June grouting incident to have been reported in this manner.
Site auditors viewed correspondence citing telephone notification provided to the EPA for these incidents. The pH exceedance was initially reported to the EPA on 10 April via telephone before the R2.1 Notifications must be made by telephoning the Environment Line service on 131 555. Complies re-testing of the sample took place and the EPA was formally notified of the incident. he auditors also viewed evidence of the 4 June grouting incident to have been reported in this manner.
The auditors sighted correspondence to the EPA relating to the 1 March and 29 January incidents, including written details of those incidents. The 9 April incident was not reported to the EPA in written format until 19 April (note that the EPA was notified of that incident by telephone on 10 April, making this written report late by only two days). The licensee must provide written details of the notification to the EPA within 7 days of the However, this was done with the R2.2 date Complies permission of the EPA; between the time on which the incident occurred. when the 9 April incident occurred and the written report was provided to the EPA, WWC were commissioning a re- test of the relevant pH results to confirm the exceedance. he auditors also viewed evidence of the 4 June grouting incident to have been reported in this manner, with an extension on the nominal 7 day timeframe with the EPA's agreement. R3 Written Report Where an authorised officer of the EPA suspects on reasonable grounds that: a) Where this licence applies to premises, an event has occurred at the premises; or b) Where this licence applies to vehicles or mobile plant, an event has occurred in connection This has not been required during the R3.1 with the carrying out of the activities authorised by this licence, and the event has caused, is Not Triggered audit period. causing or is likely to cause material harm to the environment (whether the harm occurs on or off premises to which the licence applies), the authorised officer may request a written report of the event.
The licensee must make all reasonable inquiries in relation to the event and supply the report This has not been required during the R3.2 Not Triggered to the EPA within such time as may be specified in the request. audit period.
The request may require a report which includes any or all of the following information: a) The cause, time and duration of the event; b) The type, volume and concentration of every pollutant discharged as a result of the event; c) The name, address and business hours telephone number of employees or agents of the licensee, or a specified class of them, who witnessed the event; d) The name, address and business hours telephone number of every other person (of whom This has not been required during the R3.3 the licensee is aware) who witnessed the event, unless the licensee has been unable to Not Triggered audit period. obtain that information after making reasonable effort; e) Action taken by the licensee in relation to the event, including any follow-up contact with any complainants; f) Details of any measure taken or proposed to be taken to prevent or mitigate against a recurrence of such an event; and g) Any other relevant matters.
The EPA may make a written request for further details in relation to any of the above matters This has not been required during the R3.4 if it is not satisfied with the report provided by the licensee. The licensee must provide such Not Triggered audit period. further details to the EPA within the time specified in the request.
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Clause Requirement Evidence Audit Finding R4EPL Other 4033 Reporting(Oceanic Coal Conditions Australia Pty Ltd) R4.1 Reporting exceedance of concentration limits On 28 March 2013 a monthly water When any sample of wastewater is found by analysis to contain a concentration of sample was collected from Point 2. The contaminants exceeding that specified in Condition L2, the licensee or their agent must notify laboratory results received on 9 April Complies the Regional Office of the EPA within 24 hours of that result becoming known to the licensee 2013 indicated a pH value of 9.4 for or one of their agents. Point 2. The EPA was first notified of this incident via telephone on 10 April 2013. The Annual Review 2012 includes The licensee must provide a diagram showing the major processing elements, discharge various figures and plates indicating the R4.2 point(s), and monitoring point(s) at the premises. This diagram must be provided annually Complies locations of this infrastructure and these and be included with the Annual Environmental Monitoring Report. monitoring locations. 7 General Conditions G1 Copy of licence kept at premises or plant During the site visit, auditors viewed the EPL. EPL return records were noted to G1.1 A copy of this licence must be kept at the premises to which the licence applies. Complies be in good order, and WWC site staff were able to access them easily. This has not been required during the G1.2 The licence must be produced to any authorised officer of the EPA who asks to see it. Not Triggered audit period. During the site visit, auditors viewed the The licence must be available for inspection by any employee or agent of the licensee EPL. EPL return records were noted to G1.3 Complies working at the premises. be in good order, and WWC site staff were able to access them easily. 8 Pollution Studies and Reduction Programs U1 Coal Mine Particulate Matter Control Best Practice The Oceanic Coal Australia Limited Coal Mine Particulate Matter Control Best The Licensee must conduct a site specific Best Management Practice (BMP) determination to U1.1 Management Practice Determination for Complies identify the most practicable means to reduce particle emissions. WWC (Xstrata Coal, September 2012) was completed on 28 September 2012.
The Licensee must prepare a report which includes, but is not necessarily limited to, the following: The Oceanic Coal Australia Limited Coal - Identification, quantification and justification of existing measures that are being used to Mine Particulate Matter Control Best minimise particle emissions; Management Practice Determination for - Identification, quantification and justification of best practice measures that could be used to U1.2 WWC (Xstrata Coal, September 2012) Complies minimise particle emissions; was completed on 28 September 2012. - Evaluation of the practicability of implementing these best practice measures; and The Determination includes these - A proposed timeframe for implementing these best practice measures. requirements. In preparing the report, the Licensee must utilise the document entitled Coal Mine Particulate Matter Control Best Practice – Site Specific Determination Guideline – November 2011.
Appendix A of the Oceanic Coal Australia Limited Coal Mine Particulate All cost related information is to be included as Appendix 1 of the Report required by Matter Control Best Management U1.3 Complies condition U1.2 above. Practice Determination for WWC (Xstrata Coal, September 2012) includes this cost information. The Oceanic Coal Australia Limited Coal The Report required by condition U1.2 must be submitted by the Licensee to the Office of Mine Particulate Matter Control Best U1.4 Environment and Heritage’s Regional Manager Hunter, at PO Box 488G, NEWCASTLE Management Practice Determination for Complies WEST 2302 by 28 September 2012. WWC (Xstrata Coal, September 2012) was completed on 28 September 2012. The Oceanic Coal Australia Limited Coal Mine Particulate Matter Control Best The report required by condition U1.2 above, except for cost related information contained in Management Practice Determination for U1.5 Appendix 1 of the Report, must be made publicly available by the Licensee on the Licensee’s WWC (Xstrata Coal, September 2012) Complies website by 5 October 2012. was completed on 28 September 2012, and is still available on the WWC website.
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Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit
Appendix G
Audit Protocol: Mining Tenements
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit G-1
Appendix G Audit Protocol: Mining Tenements
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Clause Requirement Evidence Audit Finding Mining Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) Extraction of Coal The lease holder shall extract as large a percentage of the coal in the As stated in the Annual Review subject area as is practicable consistent with the provisions of the Coal 2012, for the reporting period 1 ML 1451(1); CCL 725(1); Mines Regulation Act 1982 and the Regulations thereunder and shall January to 31 December 2012, Complies CCL 718(1) comply with any direction given or which may be given in this regard by the approximately 4.2 mega tonnes of Minister. ROM was extracted at WWC. Methods of Operation Unless with the consent of the Minister first had and obtained and subject Current operations at WWC are to such conditions as he may impose the registered holder shall not carry CCL 718(2); CCL 725(2) undertaken in accordance with Complies out open cut or surface mining operations, within the subject area or the the most recent DA 09-0203. removal of overburden within or within the lands overlying the subject area.
Any approval or consent given including any approval or consent given pursuant to any condition or term contained in a lease referred to in Schedule No 1 annexed hereto to the effect that the registered holder may This was noted, however the audit undertake open cut or surface mining operations or the removal of CCL 718(3); CCL 725(3) did not require a finding to be Not Triggered overburden within the subject area shall be deemed to be a consent given made on this point. for the purpose of the foregoing Condition No 2 subject to the same conditions of that approval or consent. Barriers, Mining and Prospecting Restrictions Unless with the consent of the Minister first had and obtained and subject to such conditions as he may impose, the registered holder shall not mine for, work, win or remove any coal from those parts of the subject area within the highwater level subsidence control zone defined: (a) on the surface by the highwater level of Lake Macquarie and Cockle Creek and a point 2.44 metres in elevation above that highwater level; Mining operations at WWC have (b) in the seam by a line defined by an angle of draw of 35o drawn CCL 718(4); CCL 725(4) not occurred in this area during Complies landwards form the line drawn vertically beneath a point of 2.44 metres in the audit period. elevation above the highwater level of Lake Macquarie and Cockle Creek; and (c) in the seam by a line defined by an angle of draw of 35o drawn lakewards from the line drawn vertically beneath the highwater level of Lake Macquarie and Cockle Creek. Any approval or consent given including any approval or consent given pursuant to any condition or term contained in a lease referred to in Schedule No 1 annexed hereto to the effect that the registered holder may mine for, win or remove any coal from those parts of the subject area within This was noted, however the audit the highwater level subsidence control zone as defined in Condition No 4 of CCL 718(5); CCL 725 (5) did not require a finding to be Not Triggered this Schedule shall be deemed to be a consent given for the purposes of made on this point. the said Condition No 4 subject to the same conditions of that approval or consent. Provided however that this clause shall also apply to any barrier 60.35 metres wide within the said zone. Unless with the consent of the Minister first had and obtained and subject to such conditions as he may impose, the registered holder shall not work or cause to be worked any seam of coal by underground methods within the subject area within the barrier defined as follows: Mining operations at WWC have The land within the zone beneath and adjacent to the Main Northern CCL 718(6); CCL 725 (6) not occurred in this area during Complies Railway enclosed by an angle of draw of 35o from either side of the railways the audit period. lands excluding lands not related to railway operations from the point on the vertical plane of the said boundary at the surface or at the level of the horizontal plane of the railway track, whichever may be the higher, to the floor of the coal seam in which mining operations are being carried out. Any approval or consent given by the Minister including any approval or consent given pursuant to any conditions or term contained in a coal lease referred to in Schedule No 1 annexed hereto to the effect that the registered This was noted, however the audit holder may mine for, work, win or remove any coal from those parts of the CCL 718(7); CCL 725 (7) did not require a finding to be Not Triggered subject area within the barrier defined in Condition No 6 of this Schedule made on this point. shall be deemed to be a consent given for the purposes of the said Condition No 6 subject to the same conditions of that approval or consent. Any approval or consent given by the Minister including any approval or consent given pursuant to any conditions or term contained in a coal lease referred to in Schedule No 1 annexed hereto to the effect that the registered This was noted, however the audit holder may mine for, work, win or remove any coal from those parts of the CCL 718(9); CCL 725 (9) did not require a finding to be Not Triggered subject area within the barrier(s) defined in Condition No 8 of this Schedule made on this point. shall be deemed to be a consent given for the purposes of the said Condition No 8 subject to the same conditions of that approval or consent. The registered holder shall not work or cause to be worked any seam of coal within the subject area without leaving, if the Minister, by order, given No such order has been received in writing to the registered holder, so directs, a barrier of such width or a CCL 718(10); CCL 725 (10) from the Minister during the audit Not Triggered protective pillar or pillars of such size or sizes as it specified in the order, period. against any surface improvements or any feature whether natural or artificial. Where the registered holder desires to commence prospecting operations in the subject area he shall notify the Director-General in writing and shall All mining and exploration comply with such additional conditions as the Minister may impose CCL 718(11(a)); CCL 725 activities have been undertaken at Complies including any conditions requiring the lodgement of an additional bond or (11(a)) WWC during the audit period with other form of security for rehabilitation of the area affected by such approval. operations.
60302473 Appendix G 1 AECOM
Clause Requirement Evidence Audit Finding Mining Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) Where the registered holder notifies the Director-General pursuant to All mining and exploration subparagraph (a) of this condition he shall furnish with that notification CCL 718(11(b)); CCL 725 activities have been undertaken at Complies details of the type of prospecting methods that would be adopted and the (11(b)) WWC during the audit period with extent and location of the area that would be affected by them. approval. The registered holder shall not prospect or mine for coal within the area(s) WWC mining and prospecting shown on the plan annexed hereto and marked "B" insofar as such area(s) operations have not taken place CCL 718(12); CCL 725 (12) Complies relate(s) to the surface and land below the surface to the depth(s) specified in this area during the audit on that plan. period. Shafts, Drifts, Adits
The registered holder shall comply with the provisions of the Coal Mine Regulation Act 1982 and the regulations thereunder concerning the closing This has not been required during of any shafts and outlets within the subject area and the surface lands the CCL 718(15); CCL 725 (15) Not Triggered the audit period. subject of or affected by any such shafts and outlets upon their closure shall be rehabilitated to the satisfaction of the Ministers. The registered holder shall comply with any direction which may be given by the Minister regarding the dumping, depositing or removal or any This has not been required during CCL 718(16); CCL 725 (16) Not Triggered material extracted during the construction of any shaft, drift or adit on the the audit period. subject area. Dumps and Coal Preparation Plant The registered holder shall comply with any direction given, or which may be given by the Minister regarding the stabilisation and revegetation of any This has not been required during CCL 718(17); CCL 725 (17) Not Triggered dumps of coal, minerals, mine residues, tailings situated on the subject the audit period. area. Unless with the consent of the Minister first had and obtained and subject to such conditions as he may impose the registered holder shall not erect This has not been required during CCL 718(18); CCL 725 (18) Not Triggered or operate on the subject area any coal preparation plan or any other plant the audit period. for the purpose for the benefication of coal.
The registered holder shall comply with any direction which may be given This has not been required during CCL 718(19); CCL 725 (19) Not Triggered by the Minister regarding the spraying of coal dumps on the subject area. the audit period. Management and Rehabilitation of Lands (General) The registered holder shall not later than the date of the first anniversary of the grant of this lease submit for the Minister's approval an environmental CCL 718(20(a)); CCL 725 This has not been required during Not Triggered management plan relating to the operations of the registered holder on the (20(a)) the audit period. subject area. the plan shall describe the methods to be used to protect the environment, including the methods to be used to: (i) dispose of mine wastes; CCL 718(20(b)); CCL 725 This has not been required during (ii) minimise air, noise and water pollution; Not Triggered (20(b)) the audit period. (iii) minimise erosion; and (iv) rehabilitate the surface of any lands disturbed by mining operations and associated activities. The Minister may, by notice in writing, direct the registered holder to amend any plan submitted by the Minister in such a manner and within such period CCL 718(20(c)); CCL 725 This has not been required during as may be specified in that notice and the registered holder shall comply Not Triggered (20(c)) the audit period. with that direction and submit the plan as so amended to the Minister for his approval. Operations at WWC are currently undertaken in accordance with West Wallsend Colliery Mining Operations Plan 2003-2009 (Umwelt, 2003), which has been The registered holder shall conduct operations in accordance with the plan CCL 718(20(d)); CCL 725 extended to cover the current approved by the Minister and any conditions contained in the Minister's Complies (20(d)) operations until the draft West approval of that plan. Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012-July 2018 (Umwelt, 2013) is finalised with government stakeholders. The registered holder shall before each anniversary of the grant of this lease review the plan to ensure that it adequately deals with the matters CCL 718(20(e)); CCL 725 The Annual Review 2012 provides referred to in paragraph (b). Where the registered holder is of the opinion Complies (20(e)) a full review of WCC operations. that the plan should be amended the registered holder shall submit an amended plan for the Minister's approval. On each anniversary of the grant of this lease, the registered holder shall submit a report to the Minister: (i) describing the environmental management measures used to protect the environment and the rehabilitation works carried out in the previous twelve CCL 718(20(f)); CCL 725 The Annual Review 2012 provides Complies months and their effectiveness. (20(f)) a full review of WCC operations. (ii) containing a description of the environmental management measures and the rehabilitation works planned to be carried out in the succeeding twelve months.
60302473 Appendix G 2 AECOM
Clause Requirement Evidence Audit Finding Mining Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451)During the site visit the auditors The registered holder shall maintain the subject area in a clean and tidy noted that the WWC site was CCL 718(21); CCL 725 (21) Complies condition at all times to the satisfaction of the Minister. generally kept in a tidy and orderly condition. The OCAL Bushfire Management Plan (EcoLogical, 2012) has been The registered holder shall take all precautions against causing outbreak of prepared to assist in this fire on the subject area and shall comply with any direction which may be CCL 718(22); CCL 725 (22) Complies response. Auditors viewed water given in this regard by the Minister. cannons onsite during site inspection. During the site visit the auditors The registered holder shall carry out regular inspections of above-ground noted that the WWC conveyor conveyor systems and shall promptly remove any spillages and comply with CCL 718(23); CCL 725 (23) Complies systems were generally kept in a any direction which may be given in this regard by the Minister. tidy and orderly condition. The registered holder shall not interfere in any way with any fence on or This has not been required during adjacent to the subject area unless with the consent in writing of the owner CCL 718(24); CCL 725 (24) Not Triggered the audit period. thereof. Upon completion of operations on the surface of the subject area or upon the expiry or sooner determination of this lease or any renewal thereof, the registered holder shall remove from such surface such buildings, This has not been required during CCL 718(25); CCL 725 (25) Not Triggered machinery, plant, equipment, constructions and works as may be directed the audit period. by the Minister and such surface shall be rehabilitated and left in a clean, tidy and safe condition to the satisfaction of the Minister. Subject to any specific condition of this lease providing for rehabilitation of any particular part of the subject area affected by mining or activities Only minimal vegetation clearing associated therewith, the registered holder shall: has been undertaken at WWC (a) reinstate, level, regrass, reforest and contour to the satisfaction of the during the audit period for Minister, any part of the subject area that may, in the opinion of the Minister CCL 718(26); CCL 725 (26) exploration activities. No Complies have been damaged or deleteriously affected by mining operations and significant biodiversity remediation ensure such areas are permanently stabilised, and measures have been required (b) fill in, seal or fence, to the satisfaction of the Minister, any excavation during the audit period. within the subject area. Rivers, Streams, etc. On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water The registered holder shall provide and maintain to the satisfaction of the management discharge dam Minister efficient means to prevent contamination, pollution, erosion or known as Bottom Dam. On 1 siltation of any stream or watercourse or catchment area or any undue March 2013 unmetered discharge interference to fish or their environment and shall observe any instruction CCL 718(27); CCL 725 (27) was also observed from the Not Compliant given or which may be given by the Minister with a view to preventing or Bottom Dam and the North East minimising the contamination, pollution, erosion or siltation of any stream Dam. On 28 March 2013 a watercourse or catchment area, or any undue interference to fish or their monthly water sample was environment. collected from EPL Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 which is in exceedance. Trees (Planting and Protection of) Flora and Fauna and Arboreal Screens The lease holder shall plant such grasses, trees or shrubs or such other No such requirement has been vegetation as may be required by the Minister and care for same during the CCL 718(28); CCL 725 (28) received from the Minister during Not Triggered currency of this lease or any renewal thereof, to the satisfaction of the the audit period. Minister. The registered holder shall carry out operations in such a manner as to Arch GIS mapping is to identify interfere as little as possible with flora and fauna and shall not cut or and avoid if possible any relevant CCL 718(29); CCL 725 (29) Complies damage any tree, shrub or other vegetative cover except such as may biodiversity constraints before directly obstruct or prevent the carrying out of the operations. surface impacts occur. The lease holder shall maintain an arboreal screen to the satisfaction of the Minister within such parts of the subject area as may be specified by the This has not been required by the Minister and shall plant such trees or shrubs as may be required by the CCL 718(30); CCL 725 (30) Complies Minister during the audit period. Minister to preserve the arboreal screen in a condition satisfactory to the Minister. If so directed by the Minister, the lease holder shall ensure that operations This has not been required during are carried out in such a manner so as to minimise disturbance to flora and ML 1451(27) Not Triggered the audit period. fauna within the subject area.
60302473 Appendix G 3 AECOM
Clause Requirement Evidence Audit Finding MiningSoil Erosion Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) An erosion and sediment control The registered holder shall conduct operations in such a manner as not to plan is required for any surface cause or aggravate soil erosion and the registered holder shall observe and disturbance works. WWC CCL 718(31); CCL 725 (31) Complies perform any instructions given or which may be given by the Minister or the Environment and Community Director-General with a view to minimising or preventing soil erosion. Manager and Operations or Site Manager signs off on this. The registered holder shall ensure that any topsoil or other material suitable An erosion and sediment control for topdressing purposes which may be disturbed during operations shall be plan is required for any surface removed separately for replacement as far as may be practicable and the disturbance works. WWC CCL 718(32); CCL 725 (32) Complies lease holder shall plant or sow such grasses, shrubs or trees in the Environment and Community replaced surface material as may be considered necessary by the Minister Manager and Operations or Site to control or prevent soil erosion. Manager signs off on this. An erosion and sediment control In the event of any excavations being made the registered holder shall plan is required for any surface ensure that such are refilled and the topsoil previously removed is replaced disturbance works. WWC CCL 718(33); CCL 725 (33) Complies and levelled. All such refilling and levelling shall be done to the satisfaction Environment and Community of the Minister. Manager and Operations or Site Manager signs off on this. An erosion and sediment control plan is required for any surface The registered holder shall ensure that the run off from any disturbed area disturbance works. WWC including the overflow from any depression or ponded area is discharged in CCL 718(34); CCL 725 (34) Complies Environment and Community such a manner that it will not cause erosion. Manager and Operations or Site Manager signs off on this. An erosion and sediment control The registered holder shall cover with top dressing material, to the plan is required for any surface Minister's satisfaction, such parts of the subject area as may be stipulated disturbance works. WWC by the Minister and shall plant and maintain, to the Minister's satisfaction, CCL 718(35); CCL 725 (35) Complies Environment and Community such grasses, trees or shrubs or such other vegetation as may be required Manager and Operations or Site by the Minister. Manager signs off on this. An erosion and sediment control Notwithstanding the provisions of Condition No 29 the registered holder plan is required for any surface shall not destroy or injure any tree, sapling, shrub or scrub on any disturbance works. WWC protected land, as defined by the Soil Conservation Act, 1938 , except in CCL 718(36); CCL 725 (36) Complies Environment and Community accordance with an authority issued by the Catchment Areas Protection Manager and Operations or Site Board, under Section 21D of that Act. Manager signs off on this. Roads The registered holder shall pay to City of Lake Macquarie Council, Department of Lands or the Commissioner for Main Roads the cost incurred by such Council or Department or Commissioner of making good any damage caused by operations carried on by or under the authority of CCL 718(37(a)); CCL 725 This has not been required during the registered holder to any road: Not Triggered (37(a)); ML 1451(31) the audit period. (i) adjoining or traversing the surface or the excepted surface or the excepted surface, as the case may be, of the subject area; (ii) traversing the surface or the excepted surface, as the case may be, of the subject area.
And the Registered Holder Hereby Covenants with the said Council that the registered holder will pay to the said Council the cost incurred by the said CCL 718(37(b)); CCL 725 This has not been required during Council of making good any such damage caused as aforesaid and that the Not Triggered (37(b)) the audit period. registered holder will pay to the said Commissioner the cost incurred by the said Commissioner of making good any such damage caused as aforesaid.
And it is hereby agreed and declared that the amount to be paid by the registered holder under the provisions of this condition shall include the addition to the cost of all necessary labour and materials all costs and expenses reasonably incurred in and about the making if surveys the preparation of plans and specifications and estimates the supervision and inspection of the works and all administrative and overhead costs and expenses of the Council or the Department of Lands or the Commissioner for Main Roads as the case may be related or attributable to the works undertaken to make good any damage to any road. A certificate under the hand of the Town or Shire Clerk of the said Council or the Secretary for CCL 718(37(c)); CCL 725 This has not been required during Lands or the Commissioner for Main Roads or the person for the time being Not Triggered (37(c)); ML1451(31) the audit period. acting as such Clerk, Secretary or Commissioner as to the amount of the cost of making good any damage to any road shall in all respects and for all purposes be conclusive evidence of the amount of such cost and of the due determination thereof. Provided however that the amount to be paid by the registered holder as aforesaid shall be reduced by such sum of money if any as may be paid to the said Council the Department of Lands or the Commissioner for Main Roads as the case may be from the Mine Subsidence Compensation Fund constituted under the Mine Subsidence Compensation Act 1961, in settlement of a claim for compensation for the same damage.
60302473 Appendix G 4 AECOM
Clause Requirement Evidence Audit Finding InMining the event Tenements of operations (Consolidated being conducted Coal Lease on the 718, surface Consolidated of any road, Coal Lease 725 and Mining Lease 1451) track or firetrail traversing the subject area or in the event of such operations causing damage to or interference with any such road, track or firetrail the registered holder, at his own expense, shall if directed to do so by the Minister provide to the satisfaction of the Minister an alternate road, This has not been required during CCL 718(38); CCL 725 (38) Not Triggered track or firetrail in a position as required by the Minister and shall allow free the audit period. and uninterrupted access along such alternate road, track or firetrail and, if required to do so by the Minister, the registered holder shall upon completion of operations rehabilitate the surface of the original road, track or firetrail to a condition satisfactory to the Minister. Catchment Areas The registered holder shall carry out operations in such a way as to conform strictly to all provisions of the Water Board Act, 1987, and the by- WWC does not operate within a laws thereunder applying to the prevention of pollution of the Catchment potable water catchment, and so Area or the preservation of the purity of the water supply provided thereby CCL 718(39(i)); CCL 725 these provisions are not Not Triggered or derived therefrom or for under the protection of the property of the Water (39(i)) applicable to the current WWC Board on the Catchment Area and also to all requirements of the said operations. Board from time to time under the said Act or any of the by-laws for the time being in force. If the registered holder shall at any time be using or about to use any process which in the opinion of the Water Board is likely to pollute the Catchment Area or the water supply or to endanger any property of the said WWC does not operate within a Board in the Catchment Area the registered holder upon service of a notice potable water catchment, and so CCL 718(39(ii)); CCL 725 in writing under the hand of the Minister of the Director-General to do so these provisions are not Not Triggered (39(ii)) shall applicable to the current WWC (i) discontinue the use of such process within 24 hours or operations. (ii) thereafter refrain from adopting such process at any time, as the case may require. The registered holder shall provide and maintain to the satisfaction of the WWC does not operate within a Minister efficient means to prevent contamination, pollution, erosion or potable water catchment, and so siltation of any stream or watercourse or catchment area and shall observe CCL 718(39(iii)); CCL 725 these provisions are not Not Triggered any instruction which may be given by the Minister or the Director-General (39(iii)) applicable to the current WWC with a view to preventing or minimising the contamination, pollution or operations. siltation of any stream, watercourse or catchment area. The registered holder hereby covenants with Us Our Heirs and Successors and as a separate covenant the registered holder hereby covenants with the Water Board and its Successors that the registered holder shall at all times hereafter save harmless and keep us and the Said Board and Our Heirs and Successors and the Successors of the said Board indemnified from payment of compensation and from and against all actions proceedings claims and demands in respect of any injury loss or damage arising out of or in any way connected with any interference with or This was noted, however the audit CCL 718(39(iv)); CCL 725 deprication or loss of access to the land and premises of this lease which did not require a finding to be Not Triggered (39(iv)) may occur by said Board or arising out of or in any way connected with any made on this point. discontinuance or alteration of any process consequent upon the service of a notice in pursuance of the provisions of Condition No 39(ii) or arising out of or in any way connected with the operation of any by-laws relating to a Catchment Area in force at the date hereof or made by the said Board at any time hereafter and the registered holder hereby agrees that for the purpose of this condition the said Board shall be deemed to be a party to this lease. On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam. On 1 March 2013 unmetered discharge was also observed from the Bottom Dam and the North East Operations shall be carried out in such a way as not to cause any pollution CCL 718(40(a)); CCL 725 Dam. On 28 March 2013 a Not Compliant of the Catchment Area. (40(a)) monthly water sample was collected from EPL Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 which is in exceedance. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act.
60302473 Appendix G 5 AECOM
Clause Requirement Evidence Audit Finding Mining Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) If the registered holder is using or about to use any process which in the opinion of the Minister is likely to cause contamination of the waters of the No such order has been received said Catchment Area the registered holder shall refrain from using or cease CCL 718(40(b)); CCL 725 from the Minister during the audit Not Triggered using as the case may require such process within twenty-four hours of the (40(b)) period. receipt by the registered holder of a notice in writing under the hand of the Minister or the Director-General, requiring the lease holder to do so.
On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam. On 1 March 2013 unmetered discharge was also observed from the The registered holder shall comply with any regulations now in force or Bottom Dam and the North East CCL 718(40(c)); CCL 725 hereafter to be in force for the protection from pollution of the said Dam. On 28 March 2013 a Not Compliant (40(c)) Catchment Area. monthly water sample was collected from EPL Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 which is in exceedance. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act. State Forests and Forest Reserves The lease does not confer the power to cut or remove any timber within……..except such as directly obstructs or prevents the carrying on of operations and the registered holder shall obtain authority under the provisions of the Forestry Act 1916 or any Act amending the same and the CCL 718(41(i)); CCL 725 This has not been required during Not Triggered Regulations thereunder before making use of the timber so cut for other (41(i)) the audit period. than in connection with operations. The sanction of the District Forester or his deputy shall be obtained before proceeding to cut any other timber within the said...... The registered holder shall take all precautions against causing outbreak of fire on the said……………….and shall not burn off any grass herbage or The OCAL Bushfire Management surface litter except with the consent of the District Forester first had and Plan (EcoLogical, 2012) has been obtained and shall under the direction and control of the local Forest Officer CCL 718(41(ii)); CCL 725 prepared to assist in this Complies stack and burn the heads of any trees destroyed during the course of (41(ii)) response. Auditors viewed water operations and the registered holder shall not permit any fireplace to be cannons onsite during site constructed unless protected by stone wallings and fires lit therein shall not inspection. be left unattended. The OCAL Bushfire Management This lease is issued subject to any conditions and/or restrictions, which Plan (EcoLogical, 2012) has been may be prescribed in accordance with the provisions of the Forestry Act, CCL 718(41(iii)); CCL 725 prepared to assist in this Complies 1916 or any Act amending the same and the Regulations thereunder and (41(iii)) response. Auditors viewed water the Regulations under the Bush Fires Act, 1949. cannons onsite during site inspection. In the event of operations encroaching on or within 10 metres of any constructed road or firebreak the registered holder shall provide a suitable deviation to the same standard as the previous road or firebreak and upon CCL 718(41(iv)); CCL 725 This has not been required during Not Triggered the completion of operations or the sooner determination of this lease or (41(iv)) the audit period. any renewal thereof the registered holder shall restore the load or firebreak to its original position and condition to the satisfaction of the Minister. The registered holder shall not interfere with any Crown improvements Not relevant to the project CCL 718(41(v)); CCL 725 unless with the consent in writing of the Minister first had and obtained and approval boundary forming part of Not Triggered (41(v)) subject to such conditions as he may impose. this IEA. (a) Any necessary clearing shall be done only with the prior permission of These requirements have been the District Forester or his deputy and compensation shall be paid for any superseded by the provisions in CCL 718(41(vi(a))); CCL 725 mature trees or semi mature trees damaged or destroyed at the rate fixed the Biodiversity Management Complies (41(vi(a))) by the Forestry Commission of New South Wales and such compensation Plan West Wallsend Colliery shall be payable on demand at the end of each calendar month. (Xstrata Coal, March 2013). These requirements have been (b) In the event of any non-merchantable trees being destroyed by the superseded by the provisions in operations hereby authorised compensation payable to the Forestry CCL 718(41(vi(b))); CCL 725 the Biodiversity Management Complies Commission of NSW shall related to the cost of establishment and tending (41(vi(b))) Plan West Wallsend Colliery of the part of the forest affected by the operations. (Xstrata Coal, March 2013). These requirements have been (c) For the purpose of allowing inspection and assessment of compensation superseded by the provisions in payable for the timber to be destroyed, the registered holder shall provide CCL 718(41(vi(c))); CCL 725 the Biodiversity Management Complies two weeks notice to the District Forester or his deputy prior to the (41(vi(c))) Plan West Wallsend Colliery commencement of any clearing operations. (Xstrata Coal, March 2013).
60302473 Appendix G 6 AECOM
Clause Requirement Evidence Audit Finding Mining Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451)Interviews with WWC environment personnel confirmed The registered holder shall not cause damage to forest roads or tracks by CCL 718(41(vii)); CCL 725 that no unnecessary driving is Complies operating vehicles on the subject area during wet weather. (41(vii)) undertaken in the SSCA during periods of rain. The Minister reserves the right to suspend operations immediately if This was noted, however the audit CCL 718(41(viii)); CCL 725 weather conditions and/or the operations are causing damage to any did not require a finding to be Not Triggered (41(viii)) assets of the Forestry Commission of NSW. made on this point.
During the site visit, auditors viewed relevant subsidence management plans and photographic evidence of subsidence remediation works. During operations and progressively, the registered holder shall rehabilitate, An in-field inspection was also consolidate and make trafficable all roads and firebreaks at present existing CCL 718(41(ix)); CCL 725 undertaken of some subsidence Complies and which may be affected by the operations to the satisfaction of the (41(ix)) remediation areas in the SSCA District Forester or his deputy. where public access roads and firebreaks are present. Subsidence management and remediation was found to be occurring with relevant criteria. Trig Stations and Reserves The marks in connection with any trigonometrical station erected on or near the subject area shall not be interfered with and the unrestricted right of CCL 718(42(a)); CCL 725 This has not been required during Not Triggered access to such station by authorised persons and also the right to clear (42(a)) the audit period. sight lines to surrounding stations is reserved at all times. The registered holder shall take all necessary precautions to preserve the CCL 718(42(b)); CCL 725 This has not been required during trigonometrically station and the cairn mast and vanes which might be Not Triggered (42(b)) the audit period. erected upon the subject area. No buildings or other structures shall be erected which would make CCL 718(42(c)); CCL 725 This has not been required during observations to and from surrounding trigonometrical stations difficult to Not Triggered (42(c)) the audit period. effect. In the event of operations interfacing with or damaging any trigonometrical station, erected on or near the subject area, or if required to do so by the Minister, the registered holder shall, at his own expense, relocate any such trigonometrical station to the satisfaction of, and in a position required by, CCL 718(42(d)); CCL 725 This has not been required during Not Triggered the Department of Lands and the Minister and, if required to do so by the (42(d)) the audit period. Minister, and subject to such conditions as he may impose, the registered holder, upon completion of operations and at its own expense, shall relocate any such trigonometrical station to its original position. The registered holder shall permit the free and uninterrupted passage of stock through that part or those parts, as the case may be, of the subject This has not been required during CCL 718(43); CCL 725 (43) Not Triggered area covered by...... Reserve No...... and shall conduct the audit period. operations in such a manner as not to cause any danger to travelling stock. The Annual Review 2012 reports that during 2012, the land above the extraction zone consisted of bush land, access tracks within the SSCA and a limited section of one privately owned property. Within the extracted area, a number of landscape features The registered holder shall as far as may be practicable so conduct were undermined and monitored operations as not to interfere in any way with the public use and enjoyment CCL 718(44); CCL 725 (44) Complies in accordance with the approved of……….. Subsidence Monitoring Plan. As per the WWCS Public Safety Management Plan, control measures were implemented to prevent public access to the subsidence affected sections of the Great North Walk during mining impacts. Transmission and Telephone Lines The registered holder shall comply with any direction which may be given No such direction has been by the Minister regarding any telephone line, or transmission line traversing CCL 718(45); CCL 725 (45) received from the Minister during Not Triggered the surface or excepted surface, as the case may be, of the subject area. the audit period. The lease holder shall as far as is practicable so conduct operations as not This is managed as per the Built to interfere with or impair the stability of efficiency of any transmission line, Features Management Plan West communication line or pipeline traversing the surface or the excepted ML 1451(41) Complies Wallsend Colliery (Xstrata Coal, surface of the subject area and shall comply with any direction given or March 2013). which may be given by the Minister in this regard.
60302473 Appendix G 7 AECOM
Clause Requirement Evidence Audit Finding MiningLabour/Expenditure Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) The registered holder must: (a) Ensure that at least 242/123 competent workmen are efficiently employed on the subject area on each week day except Saturday or any week day that is a public holiday; or (c) Expend on operations carried out in the course of prospecting or mining the subject area, an amount of not less than $4,235,000.00/$2,152,500.00 during each year of the term of the lease. In the Annual Review 2012 it is Costs or expenses incurred which are not, in the opinion of the Director- stated that WWC continues to General, directly associated with the prospecting or mining operations, shall CCL 718(46); CCL 725 (46) Complies employ approximately 338 full not be accounted expenditure for the purposes of this condition. The time employees. Minister may, at any time or times after a period of two years from the date on which this lease has effect or from the date on which the renewal of this lease has effect, as the case may be, by instrument in writing served on the registered holder of the lease, increase or decrease the amount of expenditure required under this condition provided that not more than one variation in the amount of expenditure shall be made in any period of two years. The lease holder shall during each year of the term of the authority: In the Annual Review 2012 it is (a) Ensure that at least 12 workers are efficiently employed on the subject stated that WWC continues to ML 1451 (44) Complies area; or (b) Expend on operations carried out in the course of prospecting employ approximately 338 full or mining the subject area, an amount of not less than $210,000.00. time employees. Additional Information The registered holder shall if directed by the Minister and within such time ML 1451(45); CCL 718(47); This has not been required during Not Triggered as he may stipulate furnish to the Minister: CCL 725 (47) the audit period. ML 1451(45)(a); CCL This has not been required during Information regarding the ownership of the land within the subject area. Not Triggered 718(47(a)); CCL 725 (47(a)) the audit period. Information regarding the ownership of the coal within the subject area prior ML 1451(45)(b); CCL This has not been required during Not Triggered to 1st January 1982. 718(47(b)); CCL 725 (47(b)) the audit period. An indemnity in a form approved by the Minister indemnifying the Crown ML 1451(45)(c); CCL This has not been required during and the Minister against any wrong payment effected as a result of Not Triggered 718(47(c)); CCL 725 (47(c)) the audit period. incorrect information furnished. Information regarding the financial viability of the lease holder and ML 1451(45)(d); CCL This has not been required during Not Triggered operations within and associated with the subject area. 718(47(d)); CCL 725 (47(d)) the audit period. ML 1451(45)(e); CCL This has not been required during Information regarding shareholdings in the lease holder. Not Triggered 718(47(e)); CCL 725 (47(e)) the audit period. Engineers Where the District Inspector of Coal Mines Department of Minerals and Energy is of the opinion that any condition of this lease relating to operations with the subject area, or any provisions of the Coal Mining Act 1973, relating to operations within the subject area, is not being complied with by the registered holder he may serve on the registered holder a notice CCL 718(48(a)); CCL 725 This has not been required during stating that he is of the opinion and giving particulars of the reason why he Not Triggered (48(a)) the audit period. is of that opinion and may in such notice direct the registered holder: (i) to cease operations within the subject area in contravention of that condition or Act; (ii) to carry out within the specified time works, at the expense of the registered holder, necessary to rectify or remedy the situation. The registered holder shall comply with the directions contained in any notice served pursuant to sub-paragraph (a) of this condition. Provided CCL 718(48(b)); CCL 725 This has not been required during Not Triggered however that the Chief Inspector of Coal Mines Department of Minerals and (48(b)) the audit period. Energy may confirm, vary or revoke any such direction. A notice referred to in this condition may be served on the Colliery CCL 718(48(c)); CCL 725 This has not been required during Not Triggered Manager. (48(c)) the audit period. Indemnities The registered holder must indemnity and keep indemnified the Crown from and against all actions, suits, claims and demands of whatsoever nature and all costs, charges and expenses which may be brought against the registered holder or which the registered holder may incur in respect of any accident or injury to any person or property which may arise out of the ML 1451(48); CCL 718(49); This has not been required during construction, maintenance or working of any workings now existing or to be Not Triggered CCL 725 (49) the audit period. made by the registered holder within the subject area or in connection with any of the operations notwithstanding that all other conditions of this lease shall in all respects have been observed by the registered holder or that any such accidents or injury shall arise from any act or thing which the registered holder may be licensed or compelled to do.
The registered holder shall save harmless the Crown from payment of compensation from and against all claims, actions, suits or demands ML 1451(49); CCL 718(50); This has not been required during Not Triggered whatsoever in the event of any damage resulting from mining operations CCL 725 (50) the audit period. under or near the subject area.
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Clause Requirement Evidence Audit Finding MiningDisposal Tenements of Coal (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451)
Where any coal mined from within the subject area is not immediately saleable, the lease holder shall, unless otherwise approved by the Minister, WWC maintains emergency store, for future disposal by the registered holder, any such coal in such a CCL 718(51); CCL 725 (51) stockpile areas for ROM coal in Complies manner and location as the Minister may approve and subject to such case this is required. conditions as the Minister may impose. Security Deposit A security sum of $200,000.00 shall be lodged with the Minister by the registered holder for the purpose of ensuring the fulfilment by the registered holder of his obligations under this lease. If the registered holder fails to fulfil any one of more of such obligations the said sum may be applied at the discretion of the Minister towards the cost of fulfilling such obligations. CCL 718(52(a)); CCL 725 This has not been required during For the purposes of this clause a registered holder shall be deemed to have Not Triggered (52(a)) the audit period. failed to fulfil his obligations under this lease, if he fails to comply with any condition or provision hereof, any provision of the Act or regulations made thereunder or any condition or direction imposed or given pursuant to a condition or provision hereof, or of any provision of the Act or regulations made thereunder. The registered holder shall provide the security provided by sub-clause (a) hereof in one of the following forms: (i) cash; CCL 718(52(b)); CCL 725 This has not been required during (ii) an interest-bearing deposit in the name of the Minister in such form and Not Triggered (52(b)) the audit period. with such institution as may from time to time be approved by the Minister; (iii) a banker's certificate, bond or undertaking in such a form given by such surety as may from time to time be approved by the Minister. Within the area of portion PML5 Parish of Teralba the registered holder shall permit the Lake Macquarie Shire Council its agents and workmen with the landowner's consent to enter the area for the purpose or quarrying and This has not been required during removing ridge gravel provided that such operations shall not interfere with CCL 718(53); CCL 725 (53) Not Triggered the audit period. the mining operations by the registered holder and in the event of there being any dispute regarding the foregoing that matter shall be referred to the Minister for decision. The registered holder shall not conduct any mining operations below any residences or other improvements, gardens, orchards or land under cultivation on the excepted surface of portion PML6 Parish of Teralba at a This has not been required during CCL 718(54); CCL 725 (54) Not Triggered depth less than 121.92 metres from the said excepted surface unless with the audit period. the consent in writing of the Minister first had and obtained and subject to such conditions as he may stipulate. Any approval or consent given by the Minister including any approval or consent given pursuant to any conditions or term contained in Private Lands Lease No 478 (C & S Act 1906) to the effect that the registered This was noted, however the audit holder may mine for, work, win or remove any coal from the barrier as CCL 718(55); CCL 725 (55) did not require a finding to be Not Triggered defined in Condition No 54 of this Schedule shall be deemed to be a made on this point. consent given for the purposes of the said Condition No 54 subject to the same conditions of that approval or consent. The lease holder shall, upon request by the Director General, lodge with the Minister the sum of $14,436,500 in accordance with Instructions for Manner of Lodgement of Security Deposits as security for the fulfilment of the obligations of the lease holder under this obligation. In the event that the lease holder fails to fulfil any of the lease holder's obligations under this authority the said sum may be applied at the discretion of the Minister This has not been required during towards the cost of fulfilling such obligations. For the purposes of the ML 1451(51)(a) Not Triggered the audit period. clause a lease holder shall be deemed to have failed to fulfil the lease holder's obligations under this authority, if the lease holder fails to comply with any condition or provision of this authority, any provision of the Act or regulations made thereunder or any condition or direction imposed or given pursuant to a condition or provision of this authority or of any provision of the Act or regulations made thereunder. The Minister may at any time after the commencement of this authority or This has not been required during any renewal thereof, vary the amount of security required in accordance ML 1451(51)(b) Not Triggered the audit period. with this conditions. Where the amount of security has been increased pursuant to Clause (b) hereof the lease holder shall, within 2 months of being requested by the This has not been required during Minister, lodge a security for the amount of security required, in which case ML 1451(51)(c) Not Triggered the audit period. the Minister shall refund or release to the lease holder the security previously lodged.
60302473 Appendix G 9 AECOM
Clause Requirement Evidence Audit Finding MiningPrescribed Tenements Dam (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) Notwithstanding any Mining Operations Plan, the lease holder must not Not relevant to the project mine within any part of the lease area which is within the notification area of CCL 725 (A) approval boundary forming part of Not Triggered the Stockton Colliery Tailings Dam without the prior written approval of the this IEA. Minister and subject to any conditions he may stipulate.
Where the lease holder desires to mine within the notification area he must: (i) At least twelve months before mining is to commence or such lesser time Not relevant to the project as the Minister may permit, notify the Minister of the desire to do so. A plan CCL 725 (B) approval boundary forming part of Not Triggered of the mining system to be implemented must accompany the notice; and this IEA. (ii) Provide such information as the Minister may direct. The Minister must not, except in the circumstances set out in sub- Not relevant to the project paragraph (ii), grant approval unless sub-paragraph (i) of this paragraph CCL 725 (C) approval boundary forming part of Not Triggered has been complied with. this IEA. Not relevant to the project (i) This sub-paragraph is complied with if: CCL 725 (C)(i) approval boundary forming part of Not Triggered this IEA. (a) The Dams Safety Committee as constituted by Section 7 of the Dams Not relevant to the project Safety Act 1978 and the owner of the dam have been notified in writing of CCL 725 (C)(i)(a) approval boundary forming part of Not Triggered the desire to mine referred to in paragraph (B) this IEA. Not relevant to the project (b) The notifications referred to in clause (a) are accompanied by a CCL 725 (C)(i)(b) approval boundary forming part of Not Triggered description or plan of the area to be mined. this IEA. (c) The Director-General has complied with any reasonable request made Not relevant to the project by the Dams Safety Committee or the owner of the dam for further CCL 725 (C)(i)(c) approval boundary forming part of Not Triggered information in connection with the mining proposal. this IEA. (d) the Dams Safety Committee has made its recommendations concerning Not relevant to the project the mining proposal or has informed the Minister in writing that it does not CCL 725 (C)(i)(d) approval boundary forming part of Not Triggered propose to many any such recommendations, and this IEA. (e) Where the Dams Safety Committee has made recommendations the approval is in terms that are: Not relevant to the project (i) In accordance with those recommendations, or CCL 725 (C)(i)(e) approval boundary forming part of Not Triggered (ii) Where the Minister does not accept those recommendations or any of this IEA. them - in accordance with a determination under sub-paragraph (ii) of this paragraph. Where the Minister does not accept the recommendations of the Dams Safety Committee or where the Dams Safety Committee has failed to make any recommendations and has not informed the Minister in writing that it does not propose to make any recommendations, the approval shall be in Not relevant to the project terms that are, in relation to matters dealing with the safety of the dam: CCL 725 (C)(ii) approval boundary forming part of Not Triggered (a) As determined by agreement between the Minister and the Minister this IEA. administering the Dams Safety Act 1978 ; or (b) In the event of failure to reach such agreement - as determined by the Premier. The Minister, on notice from the Dams Safety Committee, may at any time or times: Not relevant to the project (i) Cancel any approval given where a notice pursuant to Section 18 of the CCL 725 (D) approval boundary forming part of Not Triggered Dams Safety Act 1978 is given this IEA. (ii) Suspend for a period of time, alter, omit from or add to any approval given or conditions imposed. Mining, Rehabilitation, Environmental Management process (MREMP) Mining Operations Plan (MOP) Operations at WWC are currently undertaken in accordance with West Wallsend Colliery Mining Mining operations, including mining purposes, must be conducted in Operations Plan 2003-2009 accordance with a Mining Operations Plan (the Plan) satisfactory to the (Umwelt, 2003), which has been Director-General. This Plan together with environmental conditions of extended to cover the current ML 1451(2)(1) Complies development consent and other approvals will form the basis for: operations until the draft West (a) Ongoing mining operations and environmental management; and Wallsend Colliery Rehabilitation (b) Ongoing monitoring of the project. and Environmental Management Plan July 2012-July 2018 (Umwelt, 2013) is finalised with government stakeholders.
60302473 Appendix G 10 AECOM
Clause Requirement Evidence Audit Finding Mining Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) Operations at WWC are currently undertaken in accordance with West Wallsend Colliery Mining Operations Plan 2003-2009 (Umwelt, 2003), which has been The Plan must be prepared in accordance with the Director-General's extended to cover the current ML 1451(2)(2) Complies guidelines current at the time of lodgement. operations until the draft West Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012-July 2018 (Umwelt, 2013) is finalised with government stakeholders.
Operations at WWC are currently undertaken in accordance with West Wallsend Colliery Mining Operations Plan 2003-2009 A Plan must be lodged with the Director-General: (Umwelt, 2003), which has been (a) Prior to the commencement of mining operations (including mining extended to cover the current purposes); ML 1451(2)(3) Complies operations until the draft West (b) Subsequently as appropriate prior to the expiry of any current Plan; and Wallsend Colliery Rehabilitation (c) In accordance with any direction issued by the Director-General. and Environmental Management Plan July 2012-July 2018 (Umwelt, 2013) is finalised with government stakeholders.
The Plan must present a schedule of proposed mine development for a period of up to seven years and contain diagrams and documentation which identify: (a) Area(s) proposed to be disturbed under the Plan; The current West Wallsend (b) Mining and rehabilitation method(s) to be used and their sequence; Colliery Mining Operations Plan (c) Areas to be used for disposal of tailings/waste; 2003-2009 (Umwelt, 2003) and (d) Existing and proposed surface infrastructure; the draft West Wallsend Colliery ML 1451(2)(4) Complies (e) Progressive rehabilitation schedules; Rehabilitation and Environmental (f) Areas of particular environmental sensitivity; Management Plan July 2012-July (g) Water management systems (including erosion and sediment controls); 2018 (Umwelt, 2013) deal with (h) Proposed resource recovery; and these requirements. (i) Where the mine will cease extraction during the term of the Plan, a closure plan including final rehabilitation objectives/methods and post mining landuse/vegetation.
This process is currently being undertaken in relation to the draft West Wallsend Colliery The Plan when lodged will be reviewed by the Department of Mineral Rehabilitation and Environmental ML 1451(2)(5) Complies Resources. Management Plan July 2012-July 2018 (Umwelt, 2013) which is still being finalised with government stakeholders.
This process is currently being undertaken in relation to the draft West Wallsend Colliery The Director-General may within 2 months of the lodgement of the Plan, Rehabilitation and Environmental ML 1451(2)(6) Complies require modification and re-lodgement. Management Plan July 2012-July 2018 (Umwelt, 2013) which is still being finalised with government stakeholders.
60302473 Appendix G 11 AECOM
Clause Requirement Evidence Audit Finding IfMining a requirement Tenements in accordance (Consolidated with clause Coal Lease6 is not 718, issued Consolidated within two Coal Lease 725 and Mining Lease 1451) This was noted, however the audit months of the lodgement of a Plan, lease holder may proceed with ML 1451(2)(7) did not require a finding to be Not Triggered implementation of the Plan submitted subject to the lodgement of the made on this point. required security deposit within the specified time.
This process is currently being undertaken in relation to the draft West Wallsend Colliery Rehabilitation and Environmental Management Plan July 2012-July During the life of the Mining Operations Plan, proposed modifications to the 2018 (Umwelt, 2013) which is still Plan must be lodged with the Director-General and will be subject to the ML 1451(2)(8) Complies being finalised with government review process outlined in clauses (5)-(7) above. stakeholders. Once this document is confirmed, it will supersede the West Wallsend Colliery Mining Operations Plan 2003-2009 (Umwelt, 2003).
Annual Environmental Management Report (AEMR) The Annual Review 2012 was submitted in April to align with the Within 12 months of the commencement of mining operations and results of the updated noise thereafter annually or, at such other times as may be allowed by the management measures. However ML 1451(3)(1) Complies Director-General, the lease holder must lodge an Annual Environmental interviews with WWC Management Report (AEMR) with the Director-General. environment staff during the site visit confirmed that this extension was agreed to by DP&I. The AEMR must be prepared in accordance with the Director-General's guidelines current at the time of reporting and contain a review and forecast of performance for the preceding and ensuing twelve months in terms of: (a) The accepted Mining Operations Plan; (b) Development consent requirements and conditions; The Annual Review 2012 fulfils (c) Environment Protection Authority and Department of Land and Water ML 1451(3)(2) Complies these requirements. Conservation licences and approvals; (d) Any other statutory environmental requirements; (e) Details of any variations to environmental approvals applicable to the lease area; and (f) Where relevant, progress towards final rehabilitation objectives. After considering an AEMR the Director-General may, by notice in writing, direct the lease holder to undertake operations, remedial actions or This has not been required during supplementary studies in the manner and within the period specified in the ML 1451(3)(3) Not Triggered the audit period. notice to ensure that operations on the lease area are conducted in accordance with sound mining and environmental practice.
The lease holder shall, as and when directed by the Minister, co-operate This has not been required during with the Director-General to conduct and facilitate review of the AEMR ML 1451(3)(4) Not Triggered the audit period. involving other government agencies. Management and Rehabilitation of Lands (General) The lease holder shall observe any instruction given or which may be given This has not been required during by the Minister with a view to minimising or preventing public inconvenience ML 1451(19) Not Triggered the audit period. or damage to public or private property. If required to do so by the Minister and within such time as may be stipulated by the Minister the lease holder shall carry out to the satisfaction This has not been required during of the Minister surveys of structures, buildings and pipelines on adjacent ML 1451(20) Not Triggered the audit period. landholdings to determine the effects of operations on any such structures, buildings and pipelines. Upon completion of operations on the surface of the subject area or upon the expiry or sooner determination of this authority or any renewal thereof, the lease holder shall remove from such surfaces such buildings, machinery This has not been required during ML 1451(22) Not Triggered plant, equipment, constructions and works as may be directed by the the audit period. Minister and such surface shall be rehabilitated and left in a clean, tidy and safe condition to the satisfaction of the Minister.
60302473 Appendix G 12 AECOM
Clause Requirement Evidence Audit Finding Mining Tenements (Consolidated Coal Lease 718, Consolidated Coal Lease 725 and Mining Lease 1451) On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed The lease holder shall provide and maintain to the satisfaction of the from the surface water Minister efficient means to prevent contamination, pollution, erosion or management discharge dam siltation of any river, stream, creek, tributory, lake, dam, reservoir, known as Bottom Dam. On 1 watercourse, groundwater or catchment area or any undue interference to March 2013 unmetered discharge fish to their environment and shall observe any instruction given or which ML 1451(25) was also observed from the Not Compliant may be given by the Minister with a view to preventing or minimising the Bottom Dam and the North East contamination, pollution, erosion or siltation of any river, stream, creek, Dam. On 28 March 2013 a tributary, lake, dam, reservoir, watercourse, groundwater or catchment area monthly water sample was or any undue influence to fish or their environment. collected from EPL point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 which is in exceedance. Service of Notices Within a period of three months from the date of grant/renewal of this lease or within such further time as the Minister may allow, the lease holder must serve on each landholder of the land a notice in writing indicating that this lease has been granted/renewed and whether the lease includes the surface. An adequate plan and description of the lease area must This has not been required during accompany the notice. ML 1451(46) Not Triggered the audit period. If there are ten or more landholders affected, the lease holder may serve the notice by publication in a newspaper circulating in the region where the lease area is situated. The notice must indicate that this lease has been granted/renewed; state whether the lease includes the surface and must contain an adequate plan and description of the lease area. Inspectors Where the Inspector is of the opinion that any condition of this concession relating to operations within the subject area, or any provision of the Mining Act 1992 , relating to operations within the subject area, are not being complied with by the lease holder, the Inspector may serve on the lease holder a notice stating that and give particulars of the reason why, and may This has not been required during ML 1451(47)(a) Not Triggered in such notice direct the lease holder: the audit period. (i) to cease operations within the subject area in contravention of that condition or Act; (ii) to carry out within the specified time works necessary to rectify or remedy the situation. The lease holder must comply with any direction given. The Director- This has not been required during ML 1451(47)(b) Not Triggered General may confirm, vary or revoke any such direction. the audit period.
This was noted, however the audit A notice referred to in this condition may be served on the Colliery ML 1451(47)(c) did not require a finding to be Not Triggered Manager. made on this point. Prospecting (General) Where the lease holder desires to commence prospecting operations in the During the site visit, auditors subject area the lease holder shall notify the Director-General in writing and viewed relevant correspondence, shall comply with such additional conditions as the Minister may impose notifications, and a Review of ML 1451(50)(a) Complies including any condition requiring the lodgement of an additional bond or Environmental factors relating to other form of security for rehabilitation of the area affected by such the commencement of additional operations. exploratory operations at WWC. During the site visit, auditors Where the lease holder notifies the Director-General pursuant to sub- viewed relevant correspondence, paragraph (a) of this condition the lease holder shall furnish with that notifications, and a Review of notification details of the type of prospecting methods that would be ML 1451 (50)(b) Complies Environmental factors relating to adopted and the extent and location of the area that would be affected by the commencement of additional them. exploratory operations at WWC.
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Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit
Appendix H
Audit Protocol: Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit H-1
Appendix H Audit Protocol: Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.0 Introduction 1.3 Overview of the Project 1.3 The key features of the Project are outlined below in Table 1.1.
As stated in the Annual Review 2012, for the reporting period 1 January to 31 December 2012, approximately 4.2 As outlined in Table 1.1, the peak potential production rate for the Project is 5.5 mega tonnes of ROM was extracted at WWC. In the Annual Complies million tonnes per annum (Mtpa). Review 2012 it is stated that WWC continues to employ approximately 338 full time employees.
At this stage, there will be no major modification to the existing WWC pit-top This was noted, however the audit did not require a finding 1.3 Not Triggered facilities as a result of the Project. to be made on this point.
1.5 Overview of the Planning and Approval Process If the Project Approval is granted under Part 3A of the EP&A Act, various approvals, 1.5 licences and permits will also be required for certain activities associated with the Complies Project. These include: Approval under the Coal Mine Health and Safety Act 2002 for secondary extraction. Clause 88 approvals under the Coal Mine Health and WWC currently holds all relevant approvals under the Coal Mine Health and Safety Safety Act 2002 have been obtained for LWs 38-41, and 44- Act 2002 for existing operations. Further approval will be required for future 45. operations as discussed further in Section 4.0; A modification to the existing Environment Protection Licence (EPL) under the During the site visit, auditors viewed correspondence Protection of the Environment Operations Act 1997 (POEO Act). WWC currently between WWC and the EPA discussing the amendments holds EPL 1360 for the existing operations. The WWC EPL will need to be verified if that are proposed to be made to EPL 1360 regarding noise the Project is approved, mainly related to the proposed construction of the Mining performance. Services Facility; and Approval under s138 of the Roads Act 1993 to undertake road works associated Construction of the MSF did not commence during the audit with the proposed Mining Services Facility. period. WWC currently holds a number of licences under the Water Act 1912 , primarily associated with the extraction of mine water and monitoring bores. Further This has not been required during the audit period. Not Triggered approvals will need to be obtained for future operations. A new surface mining lease will be required for the proposed mining services facility, Construction of the MSF did not commence during the audit 1.5 Not Triggered refer to Section 4.2.2. period. WWC currently has an approved SMP for the mining of Longwalls 38 to 40. It is This process is only partially complete. Auditors viewed proposed to continue mining within the area approved under the SMP in accordance correspondence with DP&I providing an extension to 30 with current development consents whilst this project is being determined. On June 2013 for these consents to be surrendered. WWC 1.5 Complies completion of underground mining of the currently approved SMP area, WWC will submitted a further request to DP&I on 28 June 2013 to seek to surrender all other development consents that relate to activities that are extend this date out until the end of 2013, and is continuing adequately covered in the new Project Approval. its consultation with DP&I on this issue. 2.0 Description of Continued Operations 2.2.2 Current OCAL Approvals The current Project Application pursuant to Part 3A of the EP&A Act seeks to provide a consolidated approval that covers all of the existing and future mining This process is only partially complete. Auditors viewed operations and surface facilities of WWC. WWC currently has an approved SMP for correspondence with DP&I providing an extension to 30 mining of Longwalls 38 to 40. It is proposed to continue mining within the area June 2013 for these consents to be surrendered. WWC 2.2.2 approved under the SMP in accordance with current development consents whilst Complies submitted a further request to DP&I on 28 June 2013 to this project application is being determined. On completion of underground mining of extend this date out until the end of 2013, and is continuing the currently approved SMP area, WWC will seek to surrender all other development its consultation with DP&I on this issue. consents that relate to activities that are adequately covered in the new Project Approval. 2.3.2 Conceptual Mine Plan Operations at WWC continue to be undertaken in this 2.3.2 The Project will involve the continued use of the longwall retreating system of mining. Complies manner. 2.3.3.1 Pit Top Facilities and Vent Shafts The No. 2 and No. 3 ventilation shafts and the existing ballast borehole facility are Operations at WWC continue to be undertaken in this 2.3.3.1 Complies existing infrastructure of WWC, which will continue to be used as part of this Project. manner. The existing Longwall 11 borehole facility will continue to be utilised as part of the Operations at WWC continue to be undertaken in this 2.3.3.1 Complies Project. manner. There will be no major modification to the existing WWC pit-top facilities as a result of the Project. Minor surface facility upgrades may be required over time as mining Operations at WWC continue to be undertaken in this 2.3.3.1 progresses. At this stage, this includes the addition of a proposed demountable Complies manner. training building, additional service boreholes, minor works associated with the water re-use project and noise mitigation measures. 2.3.3.3 Proposed Mining Services Facility The proposed mining services facility (located as shown on Figure 1.3) will be developed to transfer essential services to the continued underground operations of Construction of the MSF did not commence during the audit 2.3.3.3 Not Triggered WWC. The facility will be a constructed compound and provide the following period. services for the underground operations: A ballast and concrete delivery borehole, used for the provision of materials to maintain underground roadways and construct underground concrete structures.
Solcenic oil storage tanks, which will supply a pre-mixed water and oil emulsion via a borehole to the underground operations for use in the longwall roof supports. Power to the proposed site will be obtained from the existing power supply in the vicinity of Wakefield Road. Telemetry communication devices from the Mining Services Facility.
60302473 Appendix H 1 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 2.3.3.41.0 Introduction Other Ancillary Surface Infrastructure
A range of potential other minor ancillary mining infrastructure will be required above the continued underground mining area including access tracks, service boreholes and gas drainage and flaring facilities. The exact location and number of these minor facilities will be determined as the project progresses, depending on operational needs, coal seam gas make, geological conditions, safety considerations and other Construction of the MSF did not commence during the audit 2.3.3.4 Not Triggered mining and environmental variables. The final locations will be determined as part of period. the detailed mine planning process for each set of panels and will be included in the Mining Operations Plan (MOP) and SMP provided to DP&I prior to their construction. The final locations will avoid known archaeological sites, threatened species and threatened ecological communities.
Prior to construction of the proposed ancillary infrastructure, a detailed due diligence Construction of the MSF did not commence during the audit 2.3.3.4 assessment process will be undertaken. This due diligence assessment process will Not Triggered period. include the following steps: The location of the proposed ancillary infrastructure will first seek to minimise potential environmental impacts by minimising the area of disturbance, utilising existing access tracks (where possible) and avoiding drainage lines;
A detailed inspection of the potential environmental constraints associated with the proposed ancillary infrastructure areas, typically in the order of 30 metres by 30 metres, will then be completed. This inspection will include assessment of the potential environmental constraints such as Aboriginal archaeological sites, ecological constraints such as threatened species and general environmental issues such as drainage, erosion and sediment control;
The proposed infrastructure will then be located, where possible, to avoid the potential environmental constraints identified during the inspection; and The inspection will be completed by suitably qualified experts and undertaken in consultation with the relevant stakeholders, including the registered Aboriginal stakeholders. 2.3.4.2 Underground Mine Water Management
The water transfer project, approved by LMCC in November 2009 (DA 1221/2007) and included as part of the Project, will consist of two mine water pipelines which will transfer excess mine water to Metromix Quarry to be re-used for operational purposes. The pipeline route will commence at the Longwall 11 boreholes, and continue along the road reserve of Rhondda Road for approximately 1.1 kilometres. The two pipelines, one of which will run from the dewatering borehole at Longwall 11 and the other from Westside Mine, will be buried side by side within a single trench along the entire route, with the exception of the point at which the pipelines cross a As Metromix no longer required this water resource, these 2.3.4.2 Not Triggered tributary of Cockle Creek. The pipelines will end at two discharge boreholes adjacent plans have not been required during the auditing period. to Metromix Quarry, which will be drilled to provide access to the previously mined Northern Extended Colliery workings. The mine water will then be discharged to the Northern Extended workings in the Fassifern coal seam, from where it will be gravity fed through the Northern Extended workings under Metromix Quarry. Metromix will then draw the water from a dam adjacent to their licensed discharge point where groundwater from the Northern Extended workings surfaces. The location of the water transfer pipeline is shown on Figure 1.3.
Discussions are currently being held with DECCW, Metromix and Rhondda Colliery (who hold the licensed discharge point where the mine water will surface) to arrange As Metromix no longer required this water resource, these 2.3.4.2 for the appropriate EPL variations that will be required to operate the transfer Not Triggered plans have not been required during the auditing period. system. Following the approval of these licence variations, construction of the water transfer project will commence.
When operating, this system will result in the reduction of saline mine water As Metromix no longer required this water resource, these 2.3.4.2 Not Triggered discharges to Burkes and Cockle Creeks. plans have not been required during the auditing period.
WWC is currently investigating a mine water re-use project which, when implemented, will have the benefit of reduced potable water usage and reduced offsite discharge volumes. The current mine water discharge pipeline extends from the Longwall 11 borehole facility to Westside Mine for discharge. It is proposed to extend the current pipeline from Westside Mine to the WWC pit-top. The mine water As Metromix no longer required this water resource, these 2.3.4.2 Not Triggered will be mixed with potable water in a mixing facility which will consist of a main plans have not been required during the auditing period. holding tank and associated pumps, flow metres and control systems. The mixed water will be sent underground via the existing pipe network for use in the underground operations. The conceptual water re-use project layout is shown in Figure 1.-3. 2.5.2 Ongoing Exploration Activities
To allow for further activities to occur, a review of the potential environmental impacts from exploration activities will be completed, prior to any works to ensure that the activities are located and designed, as far as practical, to have minimal During the site visit, auditors viewed relevant environmental impact. This review will be undertaken in accordance with the correspondence, notifications, and a Review of 2.5.2 assessment process previously discussed in Section 2.3.3.4. Following the Complies Environmental factors relating to the commencement of environmental assessment of the proposed disturbance footprint, these areas will be additional exploratory operations at WWC. prepared using small earthmoving equipment to allow for the work to be undertaken safely and in a manner that minimises environmental impacts. These works will continue to comply with the licence requirements of DECCW.
Following the completion of exploration activities, boreholes will be decommissioned During the site visit, auditors viewed photographic evidence in accordance with DP&I requirements. All disturbed areas including access tracks, 2.5.2 and in-field evidence of grouting remediation works to Complies drill pads and survey lines will be rehabilitated in consultation with DECCW and manage subsidence impacts. relevant stakeholders.
60302473 Appendix H 2 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.02.3.6.1 Introduction Surveying Prior to the installation of survey marks, detailed descriptions of the survey marks 2.3.6.1 and their location will be forwarded to the relevant stakeholders, including DECCW This was viewed by the auditor during the site visit. Complies and DP&I.
Establishment of survey lines will not involve any excavation of the ground surface. The survey lines range in length depending on the features or area being monitored, The evidence of subsidence remediation works that was 2.3.6.1 with the survey marks being spaced at approximately 10 metres. Where possible the observed by the auditors onsite during the audit suggests Complies line will be moved to avoid large trees, reducing the extent of vegetation clearing that this requirement is being complied with. required. An example of a typical survey line is shown in Plate 2.5.
It is also proposed to use aerial surveying techniques to monitor the surface above Evidence of the use of this remote sensing technology to the longwall extraction areas. Aerial monitoring techniques will be useful in areas analyse the effects of subsidence at WWC is contained in 2.3.6.1 where the surface is difficult to access and will also potentially eliminate the need for Complies Xstrata Longwall Subsidence Monitoring: West Wallsend clearing of vegetation to establish survey marks. The aerial surveying will also Colliery (Eco Logical, November 2012). provide a large amount of information on the post mining surface landform.
2.3.6.2 Inspections Subsidence monitoring inspections will be undertaken in accordance with the existing During the site visit, the auditor viewed documentation Public Safety SMP (PSSMP). The existing PSSMP sets out how WWC will monitor indicating compliance with the management measures in the 2.3.6.2 and remediate potential subsidence impacts in areas which can be accessed by the Complies Public Safety Management Plan West Wallsend Colliery public. The aim of the PSSMP is to reduce the potential for public safety incidents to (Xstrata Coal, March 2013). occur as a result of subsidence impacts. 2.3.6.3 Surface Crack Remediation
Remediation of surface cracks will be required above the continued underground During the site visit, auditors viewed photographic evidence mining area, mainly in publicly accessible areas. The surface cracks, which will be 2.3.6.3 and in-field evidence of grouting remediation works to Complies identified during the subsidence inspections, will be remediation where a significant manage subsidence impacts. risk to public safety exists, typically on access tracks within the SSCA.
The remediation will be undertaken in accordance with the existing PSSMP and Subsidence Crack Remediation procedure. Typically the remediation involves the During the site visit, auditors viewed photographic evidence backfilling with inert fill and compaction of the affected area. Furthermore 2.3.6.3 and in-field evidence of grouting remediation works to Complies appropriate rehabilitation strategies, including the use of endemic species and manage subsidence impacts. erosion/sediment control measures will be employed in the remediation works, where necessary. 2.3.6.4 Due Diligence Assessments for Subsidence Management Activities Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that Where subsidence remediation activities have the potential to impact upon sensitive this is the process that is undertaken. Site auditors also environmental features, due diligence assessments will be undertaken to assess the viewed copies of pre-clearance documentation. Arch GIS best approach to implementing the required subsidence management activities. This mapping is also used to identify and avoid if possible any 2.3.6.4 Complies will include a review of the management approaches required to minimise potential relevant biodiversity constraints. An erosion and sediment impacts related to cultural and historical heritage, ecology and general environmental control plan is required for any surface disturbance works. issues such as erosion and sediment control. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval. Interviews with WWC environment personnel confirmed how Where due diligence assessments are required, they will be undertaken in 2.3.6.4 this consultation is undertaken, for example, with Aboriginal Complies consultation with the relevant stakeholders, prior to commencement of the works. stakeholders were required. 2.3.7 Workforce and Hours of Operation At full production, the project will continue to employ approximately 390 full time In the Annual Review 2012 it is stated that WWC continues 2.3.7 Complies equivalent employees. to employ approximately 338 full time employees.
Mining operations are planned to continue to be undertaken 24 hours per day, seven This was noted, however the audit did not require a finding 2.3.7 Not Triggered days per week, as per the existing operations. to be made on this point.
No significant changes to the existing workforce numbers or hours of operation are No significant changes to workforce numbers or hours of 2.3.7 Complies proposed as part of the Project. operation have occurred during the audit period. 3.0 Stakeholder Consultation 3.1 Authority Consultation
There will be ongoing consultation with the relevant service organisations, including During the site visit, auditors viewed copies of Telstra, Optus, NextGen, Gencom and Jemena, during the continued operations of correspondence with these stakeholders as per the Land 3.1 Complies WWC regarding management of subsidence impacts on infrastructure. WWC has a Management Plan West Wallsend Colliery (Xstrata Coal, long history of effective consultation with these service providers. March 2013).
3.2.1 Community Consultation The name of this group has changed to the West Wallsend Colliery Community Consultative Committee, and the WWC will continue to discuss the Project with the Westside Mine Community 3.2.1 meetings and consultation continue to be undertaken Complies Consultative Committee. (auditors viewed copies of meeting presentations and minutes). 4.0 Planning Considerations 4.1.2 Native Title Act 1993 The Part 3A Project Approval process under the EP&A Act does not trigger the 'right to negotiate' provisions in the Native Title Act. However, should any Native A Native Title interest has been registered, but no claim has 4.1.2 Title claims be made in the future, the relevant provisions of the Act will be followed Not Triggered been forthcoming during the audit period. in relation to the granting and renewal of any additional mining tenements for the Project. 4.2.2 Mining Act 1992 Construction of the MSF did not commence during the audit 4.2.2 A new surface mining lease will be required for the proposed mining services facility. Not Triggered period.
The Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012), the OCAL currently operates under an approved MOP and SMP for the existing Longwall 44 and 45 Extraction Plan and Subsidence operations. As mining progresses, new MOPs and SMPs, or any other future Management Plan West Wallsend Colliery (Xstrata Coal, 4.2.2 relevant management requirements under the Mining Act, will also be prepared and Complies March 2013) and the Draft Rehabilitation and submitted to the DP&I for approval, in accordance with the conditions of the relevant Environmental Management Plan (REMP) West Wallsend MLs. Colliery (Xstrata Coal, January 2013) fulfil these requirements. 4.2.3 Protection of the Environment Operations Act 1997 OCAL currently holds EPL No. 1360 which applies to the OCAL complex, including WWC is currently in the process of consulting with the EPA 4.2.3 WWC but excluding Westside Mine. Should the Project be approved, OCAL will Complies on these proposed variations to EPL 1360. seek to vary the existing EPL to incorporate the Project.
60302473 Appendix H 3 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.04.2.4 Introduction Roads Act 1993 As discussed in Section 2.3.3.3, the proposed mining services facility site is to be located on land owned by LMCC, adjacent to Wakefield Road. A service road is proposed as part of the MSF, allowing access from Wakefield Road. As a result, Construction of the MSF did not commence during the audit 4.2.4 Not Triggered road works will be required on Wakefield Road, to establish entry and exit ramps. A period. permit will be required under the Roads Act 1993 from LMCC to undertake these works. The Project also has the potential to impact on local and Crown roads and road reserves, including Wakefield Road, due to subsidence and approval under Section Construction of the MSF did not commence during the audit 4.2.4 Not Triggered 138 of the Act will be required prior to any roadworks associated with subsidence period. remediation. 4.2.5 Coal Mine Health and Safety Act 2002 Clause 88 of the Coal Mine Health and Safety Regulation 2006 imposes a requirement to obtain approval for secondary workings (including extraction by 4.2.5 underground methods) as that which existed previously in Section 138 of the Coal This has not been required during the audit period. Not Triggered Mines Regulation Act 1982 . WWC will require an approval under Clause 88 for the extraction of coal by longwall methods in the continued underground mining area. 4.2.6 Mine Subsidence Compensation Act 1961 Under the Mine Subsidence Compensation Act 196 1, the approval of the MSB is required for the erection or alteration of improvements within a mine subsidence district. The continued underground mining area is located within the Construction of the MSF did not commence during the audit 4.2.6 Not Triggered Killingworth/Wallsend Mine Subsidence District and approval under s15 of the Act period. will be required for the construction of any new surface infrastructure, including the proposed mining services facility. 4.2.8 Water Act 1912 During 2012 WWC extracted and discharged 1213.4 ML of groundwater from LW11 borehole, in excess of the current groundwater licence 20BL169793 limit of 360 ML per annum, and in exceedance of the proposed variation to that Groundwater that flows into the underground mine will continue to be pumped from annual limit of 1000 ML. Evidence was presented the mine under the existing Part 5 licence held under the Water Act. A variation to the demonstrating NSW Office of Waters (Fergus Hancock) Complies - 4.2.8 existing Part 5 licence is currently being sought to cater for existing and planned agreement that the discharge limit of 20BL169793 is Recommendation Made extraction of predicted groundwater inflows as discussed in Section 5.4. 1000ML (dated 12th August 2010) until otherwise confirmed. As reported in Section 3.4.2 of the Annual Review 2012, this triggered the TARP under the Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013). 4.2.10 Crown Land Act 1989 A number of Crown road reserves are located within the southern portion of the continued underground mining area. Subsidence remediation works may be required 4.2.10 in Crown road reserves within the continued underground mining area and approval This has not been required during the audit period. Not Triggered would be required for any works. Any required approvals would be obtained prior to such works being undertaken. 4.2.11 National Parks and Wildlife Act 1974
These provisions require that should WWC wish to apply for a new ML or renew an ML, the concurrence of the Minister for Environment, Climate Change and Water will 4.2.11 be required. As discussed in Section 4.2.2, WWC currently holds the MLs required This has not been required during the audit period. Not Triggered for continued mining operations within SCA. However, a surface mining lease will be required for the proposed mining services facility which is located outside the SCA.
4.3.4 State Environmental Planning Policy 44 - Koala Habitat Protection A koala habitat assessment was completed as part of the ecological assessment for this Project and core koala habitat was identified within the continued underground The draft Koala Management Plan: West Wallsend Colliery 4.3.4 Complies mining area (refer to Section 5.3). Therefore a koala plan of management is required (Xstrata Coal) fulfils these requirements. for the Project. 4.3.5 State Environmental Planning Policy 55 - Remediation of Land
During the site inspection, auditors observed the site to be OCAL will continue to implement controls to prevent contamination and the storage maintained in a clean and tidy manner. Spill kits and MSDs 4.3.5 and handling of chemicals will be undertaken in accordance with Australian Complies were readily available at key locations around the site, and Standards and DECC guidelines. bunding and drainage lines are located as appropriate.
The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility A conceptual closure and decommissioning strategy will be developed for the constraints and opportunities analysis review has also been 4.3.5 closure and decommissioning of the Project in consultation with DI&I (refer to Complies drafted for WWC closure. Once this analysis is completed, Section 5.15). it will indicate what final land use options are available post- closure.
5.0 Environmental Assessment 5.2 Subsidence WWC as part of the approved SMP for the Western domain, has established long term relationships and existing subsidence management plans with the respective During the site visit the auditor viewed documentation surface feature stakeholders within the continued underground mining area. As the indicating that this is being carried out in accordance with 5.2 Complies Project progresses, these management plans will be revised in consultation with the the Built Features Management Plan West Wallsend existing stakeholders to reflect the surface features within the continued underground Colliery (Xstrata Coal, March 2013). mining area.
Similarly, WWC as part of the existing SMP and associated stakeholder During the site visit the auditor viewed documentation management plans, has developed and implemented effective subsidence indicating that this is being carried out in accordance with 5.2 remediation strategies. These existing remediation strategies will be revised in Complies the Built Features Management Plan West Wallsend consultation with the respective stakeholders as the project progresses to address Colliery (Xstrata Coal, March 2013). potential subsidence impacts within the continued underground mining area.
5.2.1Subsidence Processes
The predictions and impact assessment have been undertaken based on empirical modelling and comparison from previously recorded monitoring data in the context of the conceptual mine plan for the Project. As mining progresses, there will be This is dealt with in the End of Panel Report for LW40 which ongoing refinement of the predictive model as a result of subsidence monitoring and 5.2.1 was sighted by the auditor, as well as the End of Panel Complies comparison with predictions. The mine layout will also continue to be refined as the Report for LW41 which is currently in progress. Project progresses resulting in changes to subsidence predictions. Any changes to the mine layout and subsidence predictions will be assessed as part of the SMP or other relevant process at that time.
60302473 Appendix H 4 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 5.2.3.1Surface1.0 Introduction Cracking During the site visit, auditors viewed photographic evidence and undertook an in-field inspection of these measures During mining, daily inspections of all surface access tracks and fire trails will be being implemented for LW41 along access tracks. Signage, undertaken to identify potential surface cracking that may pose a public safety risk grouting and remediation were been implemented. Security 5.2.3.1 Complies (refer to Section 5.2.4). The proposed subsidence remediation strategies to address and tape control measures were also seen to be in place. potential surface cracking impacts are discussed further in Section 5.2.4. Interviews with WWC personnel and inspection of record sheets confirmed that these daily inspections are undertaken. 5.2.3.4 Valley Closure and Uplift The development of upsidence cracking may also cause localised deviation of 5.2.3.4 surface flows in rocky, ephemeral creek beds. Should this occur, surface flows This has not been required during the audit period. Not Triggered would be expected to resurface downstream of the impacted area. Table 5.2 - Summary of Proposed Subsidence Management Measures During the site visit, auditors viewed photographic evidence and undertook an in-field inspection of these measures Surface crack remediation works will primarily be carried out in accessible areas being implemented for LW41 along access tracks. Signage, where required, mainly where surface cracking occurs across access roads and grouting and remediation were been implemented. Security Surface Cracking tracks, or potentially in ephemeral watercourses. Surface cracks will be identified Complies and tape control measures were also seen to be in place. during subsidence monitoring inspections and appropriate remediation strategies Interviews with WWC personnel and inspection of record developed for each situation. sheets confirmed that these daily inspections are undertaken. All surface crack remediation will be undertaken in consultation with the relevant Whilst it is noted that a greater than predicted subsidence stakeholders and may involve either the ripping/tilling of small to moderate sized incident occurred in October, 2012 - there have been no cracks or pouring crushed rock, gravel, concrete or grout into larger sized cracks. significant subsidence impacts that have occurred during the The specific remediation strategies are further detailed in the existing WWC Surface audit period as defined by the associated subsidence Crack Remediation procedure. criteria. Management strategies to address subsidence crack impacts in creeks and watercourses include undertaking pre-mining and post-mining inspections. This includes daily inspections of surface access tracks/fire trails when mining is being undertaken. The results of these inspections are then communicated to the respective stakeholders. Should a significant impact be identified during these inspections, an appropriate remediation strategy is developed. Specified monitoring requirements are outlined in Section 5.2.4.2. The practical options available for controlling sub-surface fracturing are limited to the following (in order of increasing impact to proposed mining layouts): Sub-surface - Address large surface cracks as soon as possible if they occur along the creeks, This has not been required during the audit period. Not Triggered Cracking assess the potential for grouting; and - Decrease the longwall mining height to reduce the potential for continuous subs- surface fracture heights.
WWC will continue the existing strategies which are used to address subsidence crack impacts in creeks and watercourses, including: - Undertaking pre-mining and post-mining inspections to assess potential subsidence During the site visit, auditors viewed baseline condition impacts; assessments undertaken by RCA consultants. The End of Creeks and - Communicating inspection results to the respective stakeholders; Panel Report for LW40 was sighted by the auditor, as well Complies Watercourses - Any impacts identified during inspections will result in the development of a as the End of Panel Report for LW41 which is currently in remediation strategy, in consultation with the relevant stakeholders; progress. - Remediation strategies may include remediating large surface cracks, as soon as possible, if they occur along the creeks and assessing the potential for grouting.
To reduce the potential for adverse impacts form slope and cliff line instability and increased erosion due to cracking, the proposed subsidence management strategy will include: - Surface slop and cliff line monitoring (combined with general subsidence During the site visit, auditors viewed photographic evidence monitoring along cross lines and centre lines); and undertook an in-field inspection of these measures - Removal of potentially unstable boulders from cliff lines in close proximity to public being implemented for LW41 along access tracks. Signage, access tracks; grouting and remediation were been implemented. Security Slope Stability Complies - Placement of signs along public access ways warning of rock fall dangers and mine and tape control measures were also seen to be in place. subsidence impacts; Interviews with WWC personnel and inspection of record - Infilling of surface cracking, where possible, to prevent ingress of run-off into the sheets confirmed that these daily inspections are slopes and cliffs; and undertaken. - On-going review and appraisal of any significant changes to surface slopes such as cracking along ridges, increased erosion down slopes, foot slope seepage and drainage path adjustments observed after each longwall is extracted. During the site visit the auditor confirmed how geomorphic monitoring points are maintained along Diega Creek Valley Closure - Install and monitor survey lines along ephemeral drainage gullies and along gully monitoring line for LW panels 40 and 41. The End of Panel Complies "uplift" crests during and after longwall undermining. Report for LW40 was sighted by the auditor, as well as the End of Panel Report for LW41 which is currently in progress. Review predictions of upsidence and valley crest movements after each longwall.
Assess whether repairs to cracking, as a result of upsidence or gully slope stabilisation works are required to minimise the likelihood of long-term degradation to the environment or risk to personnel and the general public. The Water Management Plan West Wallsend Colliery A suitable monitoring and trigger response plan, based on consultation with the (Xstrata Coal, March 2013) contains a Trigger Action Ponding DECCW and other relevant authorities, will be developed to assess potential Response Protocol to deal with these situations, but the Complies ponding impacts on existing vegetation (refer to Section 5.3). need has not arisen in relation to vegetation during the audit period. The on-going review and appraisal of changes to surface drainage paths and surface vegetation in areas of ponding development (if they occur), after each longwall is extracted. Aboriginal The development of a suitable monitoring and response plan based on consultation This is dealt with in the Aboriginal Cultural Heritage Cultural Heritage with the relevant Aboriginal stakeholders and DECCW, to ensure potential impacts Management Plan West Wallsend Colliery (Xstrata Coal, Complies Sites to sites are managed appropriately. June 2012)
Development of appropriate monitoring and remediation strategies in accordance with the recommendations outlined in Section 5.8 and Appendix 13. Gencom Communication The development of a suitable monitoring and response plan based on consultation The Gencom Longwall 41 Subsidence Management Plan Towers and with Glencom, to ensure the impacts on the towers and powerlines do not result in Complies (Xstrata Coal, 2012) fulfils these requirements. proposed power- unsafe conditions or loss of serviceability during and after mining. line
60302473 Appendix H 5 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.0 Introduction An overarching agreement has been entered into between WWC and National Parks and Wildlife (of OEH) relating to The development of suitable monitoring and response plan for the GNW, based on subsidence management works in the Sugarloaf State consultation with DECW and Land and Management Authority, to ensure the Great North Walk Conservation Area. Evidence of reporting undertaken by Complies management of impacts on the walk does not result in unsafe conditions during and RCA was also viewed by the auditors, and relevant after the effects of mining. management actions were viewed by the auditors during the site inspection. Management of subsidence impacts to the GNW are proposed to be based on Audited in Land Plan - evidence of compliance in RCA inspections and prompt remediation. reporting and actions noted onsite inspection. Erection of signage along the affected area which cautions users of the GNW of the Audited in Land Plan - evidence of compliance in RCA hazards associated with mine subsidence. A contact phone number would be reporting and actions noted onsite inspection. provided in the event that subsidence impacts are encountered. Emergency response plans will be developed to close the road temporarily at short Audited in Land Plan - evidence of compliance in RCA notice if required. reporting and actions noted onsite inspection. The development of a suitable monitoring and response plan, based on the previous During the site visit, auditors viewed relevant plan in draft. subsidence management plan developed in consultation with LMCC, to ensure the Evidence of reporting undertaken by RCA was also viewed Wakefield Road Complies management of impacts on the roads does not result in unsafe conditions during and by the auditors, and relevant management actions were after the effects of mining. viewed by the auditors during the site inspection. To effectively manage public safety concerns, 24 hour surveillance of the road (and Audited in Land Plan - evidence of compliance in RCA embankment) by a roadwork crew, while the road is being undermined, as cracking reporting and actions noted onsite inspection. may develop rapidly. The stability of the embankment will also be monitored along the crests and toes, Audited in Land Plan - evidence of compliance in RCA with cracks repaired as soon as possible to prevent excessive moisture ingress into reporting and actions noted onsite inspection. the embankment.
During the site visit, auditors viewed several plans that had been drafted with infrastructure operators, finalised and F3 Freeway, The development of a suitable specific monitoring and response plans with the submitted to DRE, including plans for Transgrid, RMS, Services Complies respective stakeholders. Jemena, Caltex, Nexgen and Telstra, and also for LW 41 Easement and LW 44/45. The required surveys were also viewed by the auditors during the site inspection. Conduct periodic subsidence monitoring of the F3 Freeway and the services easement, including the following: Pre-mining surveys and condition assessments of the F3 Freeway pavement edges, drainage structures, cuttings and Archery Road; Visual inspections of the Northbound and Southbound pavement of the F3 Freeway and Archery Road during mining periods; Post mining surveys and condition assessments of the F3 Freeway pavement edges, drainage structures, cuttings and Archery Road; Conduct a review of monitoring data after the completion of each longwall panel; and Conduct a pre and post mining risk assessment on the Freeway fill embankments.
Abandoned The development of suitable monitoring and response plan, based on consultation No board and pillar workings have been encountered or are Board and Pillar with DECCW and regulatory authorities, to address the potential for consultation Not Triggered currently proposed to be undermined at WWC. Workings subsidence impacts.
Any subsidence cracks, steps or pot holes will be infilled or repaired in accordance with the WWC Surface Crack Remediation procedure (refer to Appendix 5c) and This has not been required during the audit period. consultation with the MSB.
Fences and The development of a suitable monitoring and response plan, based on consultation Livestock This has not been required during the audit period. Not Triggered with owners and regulatory authorities. Management 5.2.4.2 Proposed Subsidence Survey Monitoring Program To monitor and assess the potential subsidence impacts on the identified surface, The Subsidence Monitoring Program West Wallsend natural and built features, a detailed Subsidence Survey Monitoring Program has 5.2.4.2 Colliery (Xstrata Coal, March 2013) fulfils these Complies been developed for the Project and is included as Appendix 5A. The monitoring requirements. program will involve the following: During the site visit, auditors viewed RCA consultant's GIS database mapping and Landscape Feature Performance The installation of subsidence survey points to monitor potential subsidence impacts Register. Interviews with WWC personnel and inspection of on the identified surface features; record sheets confirmed that daily inspections are undertaken. Conducting visual inspections within the continued underground mining area to assess potential subsidence impacts and to identity any potential remediation that may be required; Groundwater monitoring points positioned above panel 41 - Installation of monitoring for potential sub-surface impacts on groundwater; and over Diega Creek, also over panels 44 and 45 Evidence of the use of this remote sensing technology to analyse the effects of subsidence at WWC is contained in Post mining interrogation of aerial photography. Xstrata Longwall Subsidence Monitoring: West Wallsend Colliery (Eco Logical, November 2012).
The results of the monitoring program will be communicated to the respective A presentation to DRE outlining instances of subsidence 5.2.4.2 stakeholders in accordance with the previously discussed SMPs and used to refine Complies remediation was viewed by the auditors. the ongoing management of subsidence as the Project progresses.
60302473 Appendix H 6 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 5.2.4.31.0 Introduction Subsidence Management Plan WWC currently has an approved SMP for the mining of Longwalls 38 to 40. It is proposed to continue mining within the area approved under the SMP in accordance The Longwall 41 Extraction and Subsidence Management with current development consents whilst this project is being determined. A Plan West Wallsend Colliery (Xstrata Coal, July 2012) and comprehensive SMP (or Extraction Plan) will be developed for the Project to 5.2.4.3 the Longwall 44 and 45 Extraction Plan and Subsidence Complies provide detailed guidance for subsidence management, as required by project Management Plan West Wallsend Colliery (Xstrata Coal, approval conditions. This plan will be developed based on the existing SMP and will March 2013) fulfil these requirement refine subsidence management strategies including mitigation, monitoring and remediation.
During the site visit, auditors viewed several plans that had The SMP will also include revised stakeholder SMPs that have been established with been drafted with infrastructure operators, finalised and each of the identified stakeholders within the continued underground mining area. 5.2.4.3 submitted to DRE, including plans for Transgrid, RMS, Complies These plans specify subsidence predictions and specific management measures for Jemena, Caltex, Nexgen and Telstra, and also for LW 41 natural and man-made surface features. and LW 44/45. 5.3 Ecology 5.3.4 Impact Mitigation Strategy As part of the Project, the existing West Wallsend Biodiversity and Land Management Plan will be updated to include the commitments in the Ecological The Biodiversity Management Plan West Wallsend Colliery 5.3.4 Assessment impact mitigation strategy (refer to Appendix 6) and to guide the Complies (Xstrata Coal, March 2013) fulfils these requirements. ongoing management of ecological values identified in the continued underground mining area. Where it will be necessary to disturb areas of native vegetation for these types of Only minimal vegetation clearing has been undertaken at 5.3.4 Complies infrastructure, the following due diligence processes will be implemented: WWC during the audit period for exploration activities. • Due-diligence inspections will be completed by a suitably qualified ecologist to Interviews with WWC environment personnel confirmed that identify any significant ecological features at identified potential infrastructure sites this is the process that is undertaken. Site auditors also and any required management and mitigation measures; viewed copies of pre-clearance documentation. Arch GIS mapping is also used to identify and avoid if • Disturbance to native vegetation communities will be limited to the minimum area possible any relevant biodiversity constraints. An erosion required; and sediment control plan is required for any surface disturbance works. • Areas of known ecological significance (refer to Figures 5.9 and 5.10) will be WWC Environment and Community Manager and avoided where possible (that is, areas containing known records of threatened Operations or Site Manager signs off on this. Longer species, Endangered Populations and TECs. Hollow-bearing trees should be processes such as drilling works are managed through a retained, where possible); contract to work approval.
• Appropriate disturbance setbacks to known or identified significant ecological features will be established where possible; and
• Pre-clearance surveys of any sites containing hollow-bearing trees or significant habitat features.
Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also Due diligence inspections will ensure that only the minimum area required for surface viewed copies of pre-clearance documentation. Arch GIS 5.34 infrastructure developments will be cleared and that flora and fauna species, Complies mapping is also used to identify and avoid if possible any including threatened species will not be significantly impacted. relevant biodiversity constraints. An erosion and sediment control plan is required for any surface disturbance works.
As discussed in Section 5.3.3, there are several areas within the continued underground mining area that may be susceptible to direct hydraulic connection. A detailed subsidence monitoring program will be undertaken in these areas to identify During the site visit the auditor confirmed how geomorphic potential connective cracking issues. In the event that such cracking is observed a monitoring points are maintained along Diega Creek 5.3.4 due diligence process as outlined above, will be followed to minimise the potential Complies monitoring line for LW panels 40 and 41. No such impacts for impacts upon sensitive ecological features. Where possible existing tracks will be have occurred during the audit period. utilised, however due to the extensive vegetation cover and remote nature of the areas, new access tracks may be required. If required, new access tracks will be constructed so as to minimise the potential for impact on ecological features.
In the event that unpredicted, adverse impacts on ecological values are identified during management and monitoring of the continued underground mining area, WWC will respond to the issues identified. WWC will investigate appropriate remediation and mitigation requirements, in consultation with the relevant 5.3.4 This has not been required during the audit period. Not Triggered government authorities and in the event that significant impacts on identified ecological values are identified and cannot be adequately remediated, WWC will engage a suitably qualified and experienced ecologist to prepare a Biodiversity Offset Strategy in consultation with DECCW and DoP. 5.4 Groundwater 5.4.4 Management Strategies Central Creek WWC will review the need for establishment of alluvial monitoring in Central Creek This has not occurred during the audit period, as mining is 5.4.4 within the continued underground mining area prior to commencement of mining in Not Triggered not planned to commence at LW 46 yet. Longwall 46 in consultation with NOW. Diega Creek
Due to the previous mining history in this area, two monitoring bores have been As reported in the Annual Review 2012, monitoring constructed in the Diega Creek alluvium to confirm the conclusions of this continues at these boreholes. However, Longwall 46 not 5.4.4 assessment. Ongoing monitoring of these bores will continue. WWC will also review Complies planned to be mined yet and so further investigations were the need for establishment of further alluvial monitoring in Diega Creek prior to not triggered during the audit period. commencement of mining in Longwall 46 in consultation with NOW.
Ryhope Creek
Three monitoring bores have been installed in the creek to monitor the groundwater in the alluvium. One of these has been established near the groundwater-fed dam utilised by the Ryhope Nursery. Continued monitoring of these bores will be undertaken. If the monitoring indicates any adverse impact on the groundwater in the 5.4.4 This has not been required during the audit period. Not Triggered alluvial area downstream, investigations will be undertaken and remedial measures may be required to assist in restoring the flow in the creek from upstream. The necessary measures would most likely comprise grouting of any cracks in the drainage line, so that the normal flow regime is restored.
60302473 Appendix H 7 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) Palmers1.0 Introduction Creek Palmers Creek will not be undermined by any longwall panels, the nearest of which will be located more than 300 metres to the north. Nevertheless, because of the importance of the alluvial aquifer in the creek and the shallow depth of cover, one Monitoring continues at this borehole, although no adverse 5.4.4 Complies monitoring site has been established for ongoing monitoring. This site is the impacts have arisen during the audit period. registered bore (No. 64025) that is closest to the proposed mine workings. Ongoing monitoring of this bore will continue as part of the project. 5.5 Surface Water 5.5.2.1 Existing Water Management System WWC has an existing water management system which includes mine dewatering Interviews with WWC environment personnel confirmed that 5.5.2.1 systems, water storages, sediment dams, drains and earth bunding around the Complies this is the process that is undertaken. laydown hardstand areas and fuelling areas. The existing WMS will continue to be used to control and treat runoff from the WWC This plan has been updated (the Surface Water 5.5.2.1 pit-top site with surface runoff directed to the water management system dams for Management Plan West Wallsend Colliery (Xstrata Coal)) Complies use as dust suppression or discharge. to fulfil these requirements. Pollution Reduction and Water Efficiency Program WWC will complete a series of investigations within 12 months of Project Approval, This has been undertaken, as per the West Wallsend 5.5.2.1 Complies including: Colliery Water Re-use Investigation (Xstrata Coal). • A more detailed desktop investigation of the various salt concentrations at other Xstrata operations and relevance to WWC; • Trialling shandying percentages based on the more detailed investigations of salts; and • Determining the most appropriate shandying percentage taking into consideration potential water quality impacts on the life and maintenance of the underground mining equipment. The optimal water re-use strategy confirmed by the investigations will be implemented within two years of Project Approval. If the investigations indicate that This has been undertaken, as per the West Wallsend 5.5.2.1 shandying potable water with mine water for re-use on site is not viable, WWC will Complies Colliery Water Re-use Investigation (Xstrata Coal). investigate the feasibility of other options for mine water treatment and re-use, e.g. reverse osmosis. 5.5.2.2 Existing Surface Facilities The existing WWC pit-top facilities will continue to be managed in accordance with Interviews with WWC environment personnel confirmed that 5.5.2.2 Complies the existing water monitoring and management procedures. this is the process that is undertaken. 5.5.3.1 Subsidence Impacts
Loss of surface water runoff as a result of subsidence cracking with direct hydraulic connection has the potential to reduce the surface water available for downstream users. In areas where surface cracking occurs, investigations will be undertaken to determine whether remediation works are required. Remediation works, including During the site visit, auditors viewed photographic evidence natural self healing mechanisms, surface tilling and grouting, will be undertaken to fill and in-field evidence of grouting remediation works to 5.5.3.1 Complies the cracks at the surface and limit potential ingress of surface runoff into the manage subsidence impacts. These remediation works proposed underground mining operations, where required. These remediation works were noted to have had negligible ecological impacts. will be undertaken in a manner so as to minimise the potential for adverse environmental impacts through utilising the due diligence assessment process as outlined in Section 5.3.4.
5.5.3.4 Summary of Impacts On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March In terms of water quality, the only discharges from the WWC mine water 2013 unmetered discharge was also observed from the management system other than clean water diversions will be from licensed 5.5.3.4 Bottom Dam and the North East Dam. In contravention of Not Compliant DECCW discharge points which are monitored and controlled. Consequently, Condition L2.2 on 28 March 2013 a monthly water sample potential water quality impacts will be limited to that associated with the EPL. was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act.
WWC also propose to continue to transfer treated effluent from the on-site STP to Interviews with WWC environment personnel confirmed that 5.5.3.4 MCPP for re-use. WWC will continue to review the use of potable water and Complies this is the process that is undertaken. methods to reduce this usage. 5.5.3.5 Contingency Measures Soil If surface stabilisation during remediation works or earthworks for the Mining Services Facility is required due to surface rilling, tilling with gypsum or lime during Construction of the MSF did not commence during the audit 5.5.3.5 Not Triggered reshaping and prior to revegetation may be required and additional erosion and period. sedimentation controls will be implemented. 5.5.4 Monitoring and Management
The Longwall 41 Extraction and Subsidence Management The proposed remediation and monitoring protocols will be included in the Plan West Wallsend Colliery (Xstrata Coal, July 2012) and 5.5.4 SMP/Extraction Management Plan (EMP) or equivalent process throughout the life the Longwall 44 and 45 Extraction Plan and Subsidence Complies of the Project to minimise surface water impacts. Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) fulfil these requirements.
Surface water quality monitoring at WWC will continue for the life of the Project. The Longwall 41 Extraction and Subsidence Management Existing water monitoring and reporting programs will be reviewed and incorporated Plan West Wallsend Colliery (Xstrata Coal, July 2012) and into the Water Management Plan (WMP) for WWC should consent be granted for 5.5.4 the Longwall 44 and 45 Extraction Plan and Subsidence Complies the Project. This plan will address all aspects of the ongoing management and Management Plan West Wallsend Colliery (Xstrata Coal, monitoring of water at WWC and will include surface and groundwater monitoring March 2013) fulfil these requirements. programs and a sediment and erosion control plan.
60302473 Appendix H 8 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.5.4.1 Introduction Monitoring General Monitoring During the construction of the Mining Services Facility, all works and the erosion and sediment controls will be inspected on a regular basis to ensure that all required controls are in place and effective. Following the completion of construction works, Construction of the MSF did not commence during the audit 5.5.4.1 Not Triggered the work area will be inspected in accordance with WWC’s current inspection period. program (weekly) and after any rainfall events generating runoff until revegetation and stabilisation of drainage structures are complete.
During the site visit, auditors viewed copies of formal During the operational phase of the Project, monitoring of the water management monthly inspections undertaken at dams. Interviews with 5.5.4.1 Complies controls will be undertaken on a monthly basis and after major storm events. WWC staff confirmed that unofficial inspections are undertaken on most days. During the site visit, auditors viewed copies of formal The walls of all water management dams will be inspected biennially (every two monthly inspections undertaken at dams. Interviews with 5.5.4.1 Complies years) for their structural integrity and for any maintenance requirements. WWC staff confirmed that unofficial inspections are undertaken on most days. Surface water monitoring results will be reported in the WWC Annual Environmental Management Report (AEMR) which is distributed to DoP, DI&I, DECCW and other relevant government agencies and made available to the community through 5.5.4.1 This is included in Section 3.3 of the Annual Review 2012. Complies OCAL’s website. The results of the water quality monitoring will be used to review the effectiveness of the WWC mine water management system on an ongoing basis. Water usage, rainfall, dam volumes and discharges (including transfers) at WWC will 5.5.4.1 also continue to be monitored for the entire operation to assist in the management This continues as per the conditions of EPL 1360. Complies of the mine water management system.
On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed from the Water management system dams will be monitored to ensure that any overflows or 5.5.4.1 Bottom Dam and the North East Dam. In contravention of Not Compliant discharges are to an appropriate standard and in accordance with EPL conditions. Condition L2.2 on 28 March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act. Subsidence Impact Monitoring A comprehensive monitoring regime will be implemented to monitor drainage lines Geomorphic monitoring points are situated along Diega 5.5.4.1 and the locations identified in Figure 5.12 for potential subsidence impacts. Complies Creek, and monitoring line at Panels 40 and 41. Monitoring procedures will include: During the audit, auditors viewed copies of geomorphic • Monitoring of vertical and horizontal subsidence along second order drainage lines monitoring results confirming that these monitoring works as determined in consultation with the DI&I; took place during the audit period. • Monitoring, measuring and recording (e.g. photographic records) of the extent and magnitude of any surface cracking along the second order drainage line and first order drainage lines in depths of cover less than 100 metres that may occur during and post mining operations. If works are required (sealing of cracks), methods approved by the DECCW and DI&I would be adopted; • Visual inspection and recording of stream bed and bank condition and riparian vegetation along the second order drainage line, including collection of baseline data and monitoring during and post mining operations; • Monitoring of geomorphological response of each watercourse to the predicted subsidence, as follows: Prior to mining review the potential geomorphological response of each watercourse to the predicted subsidence using the guidelines included in River Hydrology and Energy Relationships – Design Notes for the Mining Industry published by Department of Water and Energy (November 2007) and the methods described below;
For each watercourse within the continued underground mining area: - Describe the existing (i.e. pre-mining) watercourse characteristics including bed controls using approaches outlined in AUSRIVAS (Australian River Assessment System); - Calculate the stream power for the existing and predicted subsidence conditions; - Determine threshold limits of stream power for incision and bed load deflation, taking into consideration existing stream stability, surface and substrate soil conditions and stream grades; - Refine the monitoring program, including monitoring of: - Any bed control points; - Areas where subsidence may increase the stream power above the determined threshold limits potentially causing channel erosion/instability; - Monitoring may include long section and cross section surveys, photographic records and/or methods outlined in AUSRIVAS; - Investigate and implement any remediation required to mitigate potential impacts of changes in stream power as a result of underground mining activities; and
During and post mining, monitor watercourses, in accordance with the developed monitoring program; • Ongoing monitoring and maintenance will be necessary for any areas requiring surface mitigation works to facilitate effective rehabilitation.
60302473 Appendix H 9 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 5.5.4.21.0 Introduction Management Subsidence Impact Management Where remediation works are required, it is not considered practical to divert runoff from upstream catchment areas around potential impact areas due to the steepness Operations at WWC continue to be undertaken in this 5.5.4.2 of the catchment, surrounding topography and vegetation. Therefore, it is proposed Complies manner. that all remediation works be managed in stream. This situation is considered typical of the drainage lines within the continued underground mining area.
Subsidence impact management procedures include: • Management of surface water runoff post mining until completion of remediation. The volumes of runoff likely to be encountered in a rainfall event and how to control this water will need to be considered; An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and • Erosion and sediment controls where required, including: Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval. ^Ensuring the erosion and sediment controls are installed as a first step within the works program; Where grout remediation works are utilised for subsidence ^Limiting access tracks into works areas, including use of existing access tracks remediation at WWC, existing access tracks are used where possible; wherever possible. Grout is then piped from access tracks to the required locations. Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. ^Where disturbance is required ensure that the disturbance is minimal; Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre-clearance documentation. Arch GIS mapping is also used to identify ^Construction and regular maintenance of sediment fences downslope of disturbed and avoid if possible any relevant biodiversity constraints. areas; An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and ^Applying gypsum, where required, to reduce the dispersibility of subsoils; Operations or Site Manager signs off on this. Longer processes such as drilling works are managed ^Prompt revegetation of disturbed areas; and through a contract to work approval. ^Where new access tracks are required, construction of these in accordance with Guidelines for the planning, construction and maintenance of tracks published by Department of Land and Water Conservation (1994), including: - Construction of access tracks along the contour where possible (i.e. limit grade changes); - Minimising disturbance of existing ground, e.g. where possible limiting works to slashing vegetation when constructing tracks; This has not been required during the audit period. - Limiting construction of access tracks across existing drainage lines; - Maintaining vegetation buffers between access tracks and watercourses where possible; - Ensuring tracks are free draining; and - Including cross fall and outfall drainage, where required, to prevent concentration of runoff. Water Management System WWC is proposing to use the existing licensed discharge facility, EPA Point 2 under EPL No. 1360, continued use of the extraction of water from Longwall 11 under 20BL169793 and transfer of sewage effluent to MCPP for re-use to manage the As Metromix no longer required this water resource, these 5.5.4.2 predicted site water surplus. The transfer of surplus underground water to the Not Triggered plans have not been required during the auditing period. Metromix quarry for re-use will also be undertaken. The re-use project facilitates a reduction of the overall potential impact on regional surface waters for the life of the Project Infrastructure Works Management Site auditors viewed copies of pre-clearance documentation. An erosion and sediment control plan is Erosion and sediment control measures will be carried out in accordance with 5.5.4.2 required for any surface disturbance works. WWC Complies relevant guidelines, including: Environment and Community Manager and Operations or Site Manager signs off on this. • Managing Urban Stormwater Soils and Construction (the Blue Book) Volume 1 (Landcom, 2004) and Volume 2E Mines and Quarries (DECC, 2008); and • Draft Guidelines for the Design of Stable Drainage Lines on Rehabilitated Minesites in the Hunter Coalfields (DIPNR, undated).
60302473 Appendix H 10 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.0 Introduction Only minimal vegetation clearing has been undertaken at The erosion and sediment control measures proposed to be incorporated into WWC during the audit period for exploration activities. 5.5.4.3 infrastructure construction, primarily the proposed mining services facility, and Complies Interviews with WWC environment personnel confirmed that potential subsidence remediation works during the Project include: this is the process that is undertaken.
• Clearly identifying and delineating areas required to be disturbed and ensuring that Site auditors also viewed copies of pre-clearance disturbance is limited only to those areas, clearing vegetation only as required to documentation. Arch GIS mapping is also used to identify achieve the works and minimising machinery disturbance outside of these areas; and avoid if possible any relevant biodiversity constraints.
An erosion and sediment control plan is required for any • Construction of erosion and sediment controls prior to the commencement of any surface disturbance works. WWC Environment and substantial construction or earth works; Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed • Limiting the number of roads and tracks established; through a contract to work approval. • Constructing diversion drains upslope of areas to be disturbed to convey clean runoff away from disturbed areas; • Construction and regular maintenance of sediment fences downslope of disturbed areas, including the construction sites for sediment dams, diversion drains and catch drains; • Seeding and controlled fertilising of disturbed areas to provide for rapid grass cover establishment. Areas will be seeded with a grass mix specific to the needs of the area to be revegetated; • Regular inspections of all works and immediately after significant rainfall events to ensure sediment and erosion controls are performing adequately; • Regular maintenance of erosion control works and rehabilitated areas; and • Provision for the repair or redesign of sediment and erosion controls that are not performing adequately, as soon as practicable. Construction and remediation plans will detail the specific inspection, maintenance Site auditors viewed copies of pre-clearance and revegetation requirements for the construction and remediation works documentation. An erosion and sediment control plan is 5.5.4.3 proposed. These control measures will be set out in a detailed Erosion and required for any surface disturbance works. WWC Complies Sediment Control Plan for the Project, to be prepared as part of the proposed water Environment and Community Manager and Operations or management plan. Site Manager signs off on this. The Mining Services Facility will be bunded in accordance with AS 1940 – 2004: The Storage and Handling of Flammable and Combustible Liquids. Clean water captured in the bund will be released to the downstream drainage systems. Any contaminated Construction of the MSF did not commence during the audit 5.5.4.3 Not Triggered water will be removed by a licensed contractor. WWC will provide an onsite spill kit period. for use in a spill emergency. On site personnel will be trained in spill management techniques. When the mine is decommissioned, water management dams will either remain in use as stormwater dams or will be removed. If the dams are to be retained, the 5.5.4.3 capacity of the dams will be reviewed and the size/volume modified, if required. The This has not been required during the audit period. Not Triggered proposed diversion drains, catch drains and site bunding will remain in place as part of the final landform. 5.6 Air Quality 5.7.5.1 WWC Pit-top Facilities These works were completed in December 2012, and the WWC is committed to mitigating the noise impact from the coal breaker by 10 dB(A) reduction was achieved (West Wallsend Colliery approximately 10 dB by enclosing the existing coal breaker. Following the Noise Compliance Report: Bradford Breaker (Global 5.7.5.1 completion of this work, the achievable noise goal for Killingworth would be 41 dB(A) Acoustics, April 2013)). The Compliance Report, the Noise Complies (3 dB(A) over PSNLs) and the WWC pit-top facility would achieve the target Project- Management Plan West Wallsend Colliery (Xstrata Coal) specific Noise Levels in Barnsley. and the Annual Review 2012 also outline how these measures have been undertaken. WCC will also investigate whether there are any feasible opportunities for further noise reduction at Killingworth in relation to: • Noise mitigation of the service conveyors from the crusher through the systematic replacement of noisy conveyor idlers; • Noise mitigation of the bin loadout operations by managing the level of raw coal in the bin or by providing sound attenuation to the bin; • Review of loading procedures and operator training; and • Review of bin design and the coal truck loading facility. 5.7.5.2 The No. 2 Vent Fan
WWC is committed to managing the noise impact from the No. 2 Vent Shaft through the installation and maintenance of appropriate noise control measures on the vent Noise attenuation works have been completed here in shaft fan and motor room and, as appropriate, through negotiation with the adjacent December 2012, as reported in West Wallsend Colliery affected landowners. The selection and installation of noise mitigation controls on Noise Compliance Report: Bradford Breaker (Global the No. 2 Vent Fan will be dependent on the future operational requirements of the Acoustics, April 2013). It is noted that noise is not 5.7.5.2 Complies No. 2 Vent Fan and performance of the vent fan against the target PSNLs for each monitored at R7 as a private agreement has been entered of the receiver locations in the surrounding region. The performance/noise impacts into with that landowner, and R8 monitoring has not of the No. 2 Vent Fan will be assessed if the operational requirements of No. 2 Vent commenced as construction of the MSF did not commence Fan change as a result of changes in ventilation needs the WWC underground during the audit period (Annual Review 2012). workings or as a result of the No. 3 Vent Fan undergoing maintenance.
If the noise impacts from the No. 2 Vent Fan are found to be unacceptable, WWC 5.7.5.2 will enter into a Pollution Reduction Program regarding the attenuation of the No. 2 This has not been required during the audit period. Not Triggered Vent Fan as a part of WWC’s EPL.
60302473 Appendix H 11 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.7.5.3 Introduction Proposed Mining Services Facility Following the completion of any noise mitigation works it is recommended that Construction of the MSF did not commence during the audit 5.7.5.3 Not Triggered WWC implement a monitoring program that will specifically address: period.
• Compliance with the project-specific noise level LAeq, 15 minute descriptor; and
• Measurement and assessment of any transient noise levels using the sleep disturbance criteria descriptor of LA1, 1 minute. Construction of the MSF did not commence during the audit 5.7.5.3 The noise monitoring will be based around an attended monitoring program that: Not Triggered period. • Measures LA90,15 minute and LAeq,15 minute ambient noise levels; • Measures and/or calculates the contributed noise level from the operation; and
• Measures other statistical noise levels representative of the noise environment including the maximum and minimum noise levels measured during the interval; and • Records weather conditions at the monitoring site.
The monitoring program should be undertaken during periods of normal production Construction of the MSF did not commence during the audit 5.7.5.3 Not Triggered with the objective of confirming the acoustic performance of the facility. period.
5.8 Greenhouse Gas Emissions 5.8.5 Management and Mitigation
In 2012 a review was undertaken to determine an Energy WWC has prepared an Energy Savings Action Plan (ESAP) as part of their Savings Action Plan and Energy Efficiency Opportunities requirements under the NSW Government’s ESAP legislation (DEUS, 2005). The (refer to the Energy Review Workshop Outcomes Report: 5.8.5 purpose of the ESAP was to review energy usage, identify energy savings West Wallsend and MCPP (energetics, 2012)). WWC also Complies opportunities, and implement on-going energy management activities. Actions that plans to undertake an energy audit in 2013 to identify any have been implemented or identified for further investigation include (WWC, 2008): further energy reduction opportunities. These matters listed here will therefore be dealt with as part of the energy audit.
• Baseline assessment of energy usage across WWC operations, including a change of mine plan and a review of the production cycle; • Identification and tracking of energy use per ROM tonne of coal as a key performance indicator; • Improved energy metering and data logging capacity on site; • Water management – including an assessment of water re-use underground and a new underground water pump; • Power factor correction; • Compressor system review and audit; • Conveyor review – including a plan to reduce energy use from conveyor drives and No. 2 Ventilation Fan; • Hydraulic circuits at the longwall; • Voltage study and potential regulation on site; • Alternative energy sources for the bathhouse (potential use of gas); • Energy efficiency opportunities in the administration offices; and • High efficiency motor review and variable speed drive review.
In 2012 a review was undertaken to determine an Energy Most of these opportunities for improving energy efficiency and reducing GHG Savings Action Plan and Energy Efficiency Opportunities emissions from the current operations are directly applicable to the Project. The (refer to the Energy Review Workshop Outcomes Report: 5.8.5 ongoing mitigation measures for the Project will be largely focused on energy Complies West Wallsend and MCPP (energetics, 2012)). WC also management, energy efficiency and the potential reduction in automotive diesel oil plans to undertake an energy audit in 2013 to identify any consumption for mine plant and equipment. further energy reduction opportunities.
In 2012 a review was undertaken to determine an Energy The Project will seek to provide for maximum resource extraction with maximum Savings Action Plan and Energy Efficiency Opportunities efficiency. WWC will also assess and consider implementation, where feasible, of (refer to the Energy Review Workshop Outcomes Report: 5.8.5 Complies further GHG and energy management and mitigation initiatives during the design, West Wallsend and MCPP (energetics, 2012)). WC also operation and decommissioning of the Project. plans to undertake an energy audit in 2013 to identify any further energy reduction opportunities.
As part of Xstrata Coal, WWC will also participate in Xstrata Coal’s response to the WWC continues to report as part of Xstrata's overall energy 5.8.5 Complies following programs: usage. • The National Greenhouse and Energy Reporting System (NGERS); • The Energy Efficiency Opportunities (EEO) Program; and • The proposed Carbon Pollution Reduction System (CPRS).
60302473 Appendix H 12 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.9 IntroductionAboriginal Archaeology 5.9.6.1 Landscape Features of Aboriginal Cultural Value Six principal management outcomes are included in the strategy for the management 5.9.6.1 Complies of the landscape features of cultural value. WWC has committed to:
• Modification of the mine plan to protect the stone arch and one rockshelter site in Operations at WWC continue to be undertaken in this the Bangalow Creek catchment and two rockshelter sites in the Cockle Creek manner. catchment;
• Following subsidence the inspection of the second wet soak feature recorded in the Diega Creek catchment and the infilling of any cracks caused by subsidence with This has not been required during the audit period. imported fill and if required and feasible, erosion control works upslope to prevent infilling of the wet soak if subsidence results in any slope destabilisation;
• Following subsidence the collection of loose fragments of clay pigment (if any) from the pigment source identified by the registered Aboriginal stakeholders in the This has not been required during the audit period. upper tributary system of Bangalow Creek;
• Prior to subsidence two stone cairns/stacks in the Bangalow Creek catchment are photographed from each side. Following undermining the replacement of any stones dislodged during subsidence by the registered Aboriginal stakeholders using the This has not been required during the audit period. photographs as a reference, and the infilling of any cracks caused by subsidence with imported fill;
Post subsidence inspection works have been undertaken. Two have occurred during the audit period (Kangaroo Rock • Following subsidence the inspection of the boulder identified as ‘Kangaroo Rock’ and Rockshelter 3). These are referenced in the May 2013 and the infilling of any cracks in the topsoil caused by subsidence with imported fill; AAC meeting minutes. Diega Creek 6 site was also and considered in a training presentation providing information about post-subsidence management at Diega Creek.
• Following subsidence the inspection of the five known rockshelters (not recorded as Aboriginal archaeological sites) within the proposed continued underground This has not been required during the audit period. mining area and repairs to the roof, walls and floor in a culturally appropriate manner (where necessary, safe and feasible).
Following undermining, information will be recorded in relation to the impacts of subsidence on the various landscape features. This information will be used to 5.9.6.1 This has not been required during the audit period. Not Triggered inform future underground mining projects. The details of how this information will be recorded/reported are discussed in Appendix 12). 5.9.6.2 Aboriginal Archaeological Sites Mine plan for LW 44/45 has already been amended to avoid Seven principal management outcomes are included in the strategy for the impacts to the Palmers Creek 3 Grinding Grooves. Scarred management of Aboriginal archaeological sites within the proposed continued tree sites have not been undermined yet during the audit underground mining area if longwall mining is approved (these are detailed in period. WCC has budgeted for funding of offsets to RAPs 5.9.6.2 Appendix 12). It is recommended that the management strategy be implemented as Complies (auditors viewed copies of budget documentation). This is a staged process as longwall mining progresses and in compliance with an ACHMP an issue of ongoing consultation between WWC and the prepared in consultation with the relevant registered Aboriginal stakeholders, AAC, and something which WWC will consider in the next NPWS/DECCW and approved by DoP. review of the ACHMP.
The management outcomes proposed for Aboriginal archaeological sites are: • Modification of the mine plan to protect the Palmers Creek 1 Grinding Grooves 1 #38-4-1007 and Palmers Creek Grinding Grooves 2 sites and the Western Domain 5 (#38-4-0993 - wet soak with artefact scatter site);
• Modification of the mine plan to lessen the probability of impact to the Palmers Creek Grinding Grooves 3 site, and mitigation of impacts due to subsidence (if any);
• Prior to undermining of the Diega Creek Grinding Grooves 1 site to monitor the impacts of subsidence on the Diega Creek Grinding Grooves 2 to 6 sites and if more than 50 per cent of these sites are cracked following subsidence to revise the management strategy in relation to Diega Creek Grinding Grooves 1;
• Prior to undermining the manual excavation of 30 per cent of the deposit from the Cockle Creek 1 Rockshelter with Artefacts and PAD and the propping of the roof of the rockshelter (if safe and feasible); and following subsidence repairs to any cracks in the walls, floor and roof (if necessary safe and feasible) and the return of any excavated material (if safe and feasible);
• Prior to undermining the preparation of a photographic record and scale drawing of the two stone arrangement sites. Following undermining the inspection of the stone arrangements and if any movement of stones has been caused by subsidence, the registered Aboriginal stakeholders to replace the stones in their original arrangement. Any remediation works in the area to consist of infilling cracks in the topsoil with imported fill to avoid further site impact;
• Prior to undermining the preparation of a photographic record and scale drawing of three scarred tree sites. Following undermining the inspection of the three Aboriginal scarred trees and the infilling of any cracks in the topsoil caused by subsidence with imported fill; and
• The provision of offsets for potential loss of Aboriginal cultural and archaeological values that may arise due to subsidence within the proposed continued underground mining impact area (refer to Section 5.9.7); and if required following subsidence, the mitigation of any subsidence impacts using protocols and procedures detailed in an ACHMP prepared in consultation with the relevant registered Aboriginal stakeholders and the DECCW).
5.9.7 Conservation Offset Strategy As per the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) and as part of its overall Conservation Offset Strategy, WWC has committed to the provision of $25,000 to each of the WWC proposes a multi-faceted approach to providing a conservation offset registered Aboriginal parties as an additional offset for strategy for its project. Sections 5.9.7.1 to 5.9.7.5 outline the conservation offsets specific cultural heritage projects. During the site visit the 5.9.7 proposed by WWC as part of its overall management strategy which aims to meet Complies auditors viewed copies of AAC meeting minutes discussing the requirements of Intergenerational Equity and offset any loss of Aboriginal cultural this issue. WWC has budgeted for this funding (auditors heritage and archaeological values that may arise as an outcome of subsidence. viewed copies of budget documentation). This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP.
60302473 Appendix H 13 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.9.7.1 Introduction Mine Plan Modifications WWC has committed to modifying its mine plans to avoid impact to the Palmers Creek 1 (#38-4-1007) and Palmers Creek 2 Grinding Groove sites and the Western Operations at WWC continue to be undertaken in this 5.9.7.1 Domain 5 (#38-4-0993 - wet soak with artefact scatter site). The mine modifications Complies manner. are proposed in recognition of the Aboriginal cultural value and archaeological significance of these sites.
WWC has committed to modifying its mine plans to avoid impact to the ‘stone arch’. Operations at WWC continue to be undertaken in this 5.9.7.1 This mine plan modification is proposed in recognition of the Aboriginal cultural Complies manner. value of this landscape feature. 5.9.7.2 Funding for Management of Cultural Heritage in SSCA To offset the potential loss of Aboriginal cultural and archaeological values that may During the site visit, auditors viewed copies of WWC arise as a result of subsidence impacts within the proposed continued underground budget papers and invoices indicating that so far these 5.9.7.2 mining area, WWC has committed to providing $200,000 over the life of the Complies funds have been used, and they are also set aside for future proposed continued underground mine project to assist with the management of use. Aboriginal cultural and archaeological sites/values within the SSCA.
During the site visit, auditors viewed copies of WWC WWC will set aside the $200,000 prior to mining commencing and will administer the budget papers and invoices indicating that so far these funds. The funds will be allocated on a project basis. All projects will be undertaken in 5.9.7.2 funds have been used, and they are also set aside for future Complies consultation with the relevant registered Aboriginal stakeholders and the use. WWC continues to manage its AAC to facilitate RAP NPWS/DECCW. involvement. 5.9.7.3 Funding for Ongoing Monitoring/Reporting of Subsidence Impacts To offset the potential loss of Aboriginal cultural and archaeological values that may arise as a result of subsidence impacts within the proposed continued underground The Aboriginal Cultural Heritage Management Plan West mining area, WWC has committed to fund a program of monitoring and reporting of 5.9.7.3 Wallsend Colliery (Xstrata Coal, June 2012) fulfils these Complies subsidence impacts on landscape features of Aboriginal cultural value and Aboriginal requirements. archaeological sites recorded within the proposed continued underground mining area.
It is proposed that following the cessation of subsidence related to each longwall Post subsidence inspection works have been undertaken. WWC will fund an inspection of the subsided sites/landscape features of Aboriginal Two have occurred during the audit period (Kangaroo Rock cultural heritage value in order to collect a detailed database on exactly how each of and Rockshelter 3). These are referenced in the May 2013 5.9.7.3 Complies the sites is impacted. The inspection and reporting will be undertaken by the relevant AAC meeting minutes. Diega Creek 6 site was also registered Aboriginal stakeholders and a suitably qualified archaeologist. The considered in a training presentation providing information purpose of the monitoring is threefold. Initially it is to observe: about post-subsidence management at Diega Creek. • What percentage of the sites do/do not crack? • What is the level and nature of the impact? • How does this relate to the location of the site relative to longwalls/chain pillars and their situation (e.g. on a slope, on a sandstone bench, within a sandstone creek bed, in a cliffline, pre-existing cracking and jointing)? • Does this information allow refinement of the predicted impacts and therefore management of subsidence on the sites within the proposed continued underground mining area?
• If so, does this information allow the revision of the management strategy for the remainder of the grinding groove sites for which subsidence is proposed?
Post subsidence inspection works have been undertaken. Two have occurred during the audit period (Kangaroo Rock and Rockshelter 3). These are referenced in the May 2013 The second aim of the monitoring is to provide a more detailed database for use for AAC meeting minutes. Diega Creek 6 site was also 5.9.7.3 future mining assessments and to monitor the success of remediation works (where Complies considered in a training presentation providing information required) on all site types within the proposed continued underground mining area. about post-subsidence management at Diega Creek. Arch GIS mapping is also used at WWC to identify heritage sites.
Post subsidence inspection works have been undertaken. Two have occurred during the audit period (Kangaroo Rock The third aim is to ensure compliance with the various aspects of the management and Rockshelter 3). These are referenced in the May 2013 5.9.7.3 strategy that relate to monitoring either before or after subsidence. In this regard it is Complies AAC meeting minutes. Diega Creek 6 site was also proposed to record the: considered in a training presentation providing information about post-subsidence management at Diega Creek.
• Impacts of subsidence (if any); • Requirements for remediation (if any); • Nature and extent of the remediation works; • Suitability of the remediation works; • Success of remediation works; and • Project approval compliance. It is proposed that full pictorial records will be prepared for each landscape Interviews conducted with WWC personnel during the site 5.9.7.3 Complies feature/site to inform the reporting process for the DECCW and DoP. visit confirmed that this is undertaken.
One aspect of the monitoring process will be to ascertain if more than 50 per cent of the Diega Creek Grinding Grooves 2 to 6 sites have been impacted by cracking due to subsidence. This monitoring will be undertaken prior to any longwall mining that may impact the Diega Creek Grinding Grooves 1 site. If more than 50 per cent (3 or This monitoring has been undertaken during the audit 5.9.7.3 more) of these sites crack WWC has committed to revising its management period. However the trigger of 50 percent of sites cracking Complies strategy in consultation with the registered Aboriginal stakeholders and the has not occurred during the audit period. NPWS/DECCW. Revisions to the management strategy may include conservation of the site or to further survey to locate other sites that could be conserved as an appropriate offset for any potential damage to Diega Creek Grinding Grooves 1. 5.9.7.4 Funding for Further Survey of the SSCA For WWC to be able to meet the requirements of Intergenerational Equity without Palmers Creek grinding grooves have been protected. The further modifications to the mine plan, WWC must demonstrate that Aboriginal Diega Creek grinding grooves 6 and Bangalow Creek archaeological sites of equal cultural heritage and archaeological significance and grinding grooves are also committed to being protected. research potential to the Bangalow Creek 1, 2, 3, 4, 5, 6 and #38-4-0461 Grinding These sites would not be impacted unless suitable offsets Grooves sites exist within the broader SSCA and outside of mine leases and that can be found to provide for intergenerational equity. WWC these sites can be managed in a culturally appropriate way that will ensure their long- 5.9.7.4 are currently undertaking more archaeological surveys to Complies term conservation and availability for teaching purposes to present and future find more areas that could be used for offsets if impacts to generations of Awabakal people and Aboriginal people that live in, and/or visit the current sites do occur. This survey work commenced during area. In this regard WWC has committed to funding a program of survey within the the audit period, however only 14 of the 20 required survey SSCA in consultation with the registered Aboriginal stakeholders and the days have been undertaken. This work will continue during NPWS/DECCW. The information recorded during the survey will be provided to the 2013. NPWS/DECCW to assist in the preparation of the POM for the SSCA.
60302473 Appendix H 14 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.0 Introduction It is proposed that: • During the approval process a meeting will be arranged by WWC with NPWS/DECCW, in consultation with ADTOAC, ALALC, ATOAC, CCC, NSWALC (an archaeologist may be included in this meeting if thought appropriate by WWC, ADTOAC, ALALC, ATOAC, CCC and NSWALC) to discuss:
WWC setting up a fund which they will administer for survey within the SSCA (outside the proposed continued underground mining area and outside ML areas); The nature of the survey strategy; and The requirements of the POM being prepared by the NPWS/DECCW for the SSCA so that the requisite information can be recorded during the survey;
• The survey will include at least 20 days of survey and recording of sites and landscape values/resources within the SSCA by the relevant registered Aboriginal stakeholders and an archaeologist (the breakdown of this time between the ALALC and KLALC boundaries will be subject to consultation between the Aboriginal stakeholder groups and WWC); • Funding will also be provided for the preparation and production of site cards (including the production of maps, plans, photographs); and • Following the completion of the survey and the compilation of the site cards, additional funding will be provided to commission a suitably qualified person to assist WWC to prepare a statement, in consultation with the relevant registered Aboriginal stakeholders, for provision to DoP and NPWS/DECCW in relation to the suitability (in terms of their Aboriginal cultural and archaeological significance and conservation value) of the sites located outside MLs and within the SSCA as an offset (in terms of Intergenerational Equity) for the impact predicted from subsidence to the Bangalow Creek 1, 2, 3, 4, 5, 6 and #38-4-0461 Grinding Grooves 3 sites. This survey work commenced during the audit period, WWC will commit to revising the management strategy for the Bangalow Creek 1, 2, 5.9.7.4 however only 14 of the 20 required survey days have been Complies 3, 4, 5, 6 and #38-4-0461 Grinding Grooves sites if it cannot be demonstrated that: undertaken. This work will continue during 2013. • There are suitable sites outside the proposed continued underground mining area and outside MLs in the SSCA that can be managed/conserved into the future to meet the requirements of Intergenerational Equity for all or some of the Bangalow Creek 1, 2, 3, 4, 5, 6 and #38-4-0461 Grinding Grooves sites (this will be site specific and depend on the outcomes of the survey and further consultation with NPWS/DECCW). The revisions to the management strategy may include further survey or alternative This was noted, however the audit did not require a finding 5.9.7.4 offsets assessed as appropriate from an Aboriginal cultural and archaeological Not Triggered to be made on this point. perspective and endorsed by DECCW and DoP.
While the strategy above proposes a start date for the survey within 24 months of site impact, WWC may commence work on the strategy at an earlier date if it would This was noted, however the audit did not require a finding 5.9.7.4 Not Triggered prefer to know the outcome of the survey sooner and to obtain more certainty for to be made on this point. the proposed continued underground mining project. 5.9.7.5 Additional Conservation Offsets During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted Each of the registered Aboriginal stakeholder groups has requested an additional for this funding (auditors viewed copies of budget 5.9.7.5 cultural heritage conservation offset package which they assess as necessary for Complies documentation). This is an issue of ongoing consultation WWC to balance the requirements of Intergenerational Equity. between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP.
As some groups requested that the supply of details related to their additional offset requests be restricted to the Aboriginal stakeholders, WWC, NPWS/DECCW and This was noted, however the audit did not require a finding 5.9.7.5 Not Triggered DoP, the information has been included in Appendix L of Appendix 12, which will not to be made on this point. be available for public review.
During the site visit the auditors viewed copies of AAC As part of its overall conservation offset strategy WWC has committed to the meeting minutes discussing this issue. WWC has budgeted provision of $25,000 to four of the registered Aboriginal stakeholders and $10,000 for this funding (auditors viewed copies of budget 5.9.7.5 Complies to a fifth Aboriginal stakeholder as an additional offset for specific cultural heritage documentation). This is an issue of ongoing consultation projects. between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP.
60302473 Appendix H 15 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.9.8 Introduction Aboriginal Cultural Heritage Management Plan (ACHMP) WWC will prepare an ACHMP for the project that is consistent with the Aboriginal cultural and archaeological management commitments made in this report. The The Aboriginal Cultural Heritage Management Plan West 5.9.8 ACHMP will provide detailed management strategies for all identified Aboriginal Wallsend Colliery (Xstrata Coal, June 2012) fulfils these Complies archaeological sites and landscape features of Aboriginal cultural value located requirements. within the proposed continued underground mining area.
The ACHMP will also review and revise as required/where appropriate, Aboriginal heritage management protocols from previous consents and approvals, to provide WWC with a single, consolidated framework for managing Aboriginal cultural The Aboriginal Cultural Heritage Management Plan West 5.9.8 heritage (for details please refer to Appendix H of Appendix 12). The ACHMP will Wallsend Colliery (Xstrata Coal, June 2012) fulfils these Complies also clearly identify the responsibilities of all parties involved; WWC, registered requirements. Aboriginal stakeholders, archaeologists, NPWS/DECCW; and designate timeframes for required Aboriginal heritage management works. The ACHMP will be in operation throughout the life of the proposed continued underground mining project. The aim of the ACHMP is to ensure WWC meet the 5.9.8 Complies requirements of the Project Approval which it is proposed should include a request for: Section 7 of the Aboriginal Cultural Heritage Management • Details of the proposed implementation of, and methodology for, the conservation Plan West Wallsend Colliery (Xstrata Coal, June 2012) offset strategy; fulfils these requirements. • A detailed salvage program for Aboriginal archaeological sites within the proposed continued underground mining area including isolated finds, artefact scatters (if Appendix 5 of the Aboriginal Cultural Heritage subsidence remediation works are required in the site areas) and the Cockle Creek Management Plan West Wallsend Colliery (Xstrata Coal, Rockshelter with Artefacts and PAD (refer to Appendix 12 for a detailed Research June 2012) fulfils these requirements. Design and Methodology); • A detailed description of the mitigation measures that would be undertaken for all Section 8 of the Aboriginal Cultural Heritage Management Aboriginal archaeological sites and landscape features of Aboriginal cultural value Plan West Wallsend Colliery (Xstrata Coal, June 2012) within the proposed continued underground mining area prior to and/or following fulfils these requirements. subsidence; • A detailed description of the measures that would be implemented to protect Section 8 of the Aboriginal Cultural Heritage Management Aboriginal archaeological sites and landscape features of Aboriginal cultural value Plan West Wallsend Colliery (Xstrata Coal, June 2012) for the life of the project; fulfils these requirements. • A detailed methodology for inspection of locations proposed for surface ventilation Section 9 of the Aboriginal Cultural Heritage Management infrastructure construction and future exploration boreholes (for further details refer Plan West Wallsend Colliery (Xstrata Coal, June 2012) to Appendix 12); fulfils these requirements.
• A description of the measures that would be implemented if any new Aboriginal Section 8.8 of the Aboriginal Cultural Heritage sites/artefacts or skeletal remains are discovered during works associated with the Management Plan West Wallsend Colliery (Xstrata Coal, Project; June 2012) fulfils these requirements. Section 8.2 of the Aboriginal Cultural Heritage • The provision of Aboriginal cultural awareness training for WWC personnel and for Management Plan West Wallsend Colliery (Xstrata Coal, contractors as part of the induction process; and June 2012) fulfils these requirements.
• A protocol for the ongoing consultation and involvement of the Aboriginal Sections 3 and 4 of the Aboriginal Cultural Heritage stakeholder groups and NPWS/DECCW in the conservation and management of Management Plan West Wallsend Colliery (Xstrata Coal, Aboriginal cultural heritage within the proposed continued underground mining area. June 2012) fulfils these requirements.
5.10 Historic Heritage 5.10.4 Management Strategy Subsidence remediation works were not required to be undertaken near to historic heritage sites at WWC during the audit period. However, WWC maintains Arch GIS 5.10.4 WWC maintains Arch GIS mapping of these heritage items. Complies mapping of these heritage items so that this training can be undertaken if and when this need does arise. 5.10.4 The following management measures will be implemented for the Project: Complies • The recorded historic heritage items will be mapped on relevant project drawings and plans used during subsidence remediation works to provide that their presence WWC maintains Arch GIS mapping of these heritage items. is considered in planning such works; Subsidence remediation works were not required to be • WWC personnel involved in subsidence remediation works will be briefed about the undertaken near to historic heritage sites at WWC during the location of the recorded heritage items and their heritage status in an induction prior audit period. However, WWC maintains Arch GIS mapping to conducting work in the continued underground mining area; and of these heritage items so that this training can be undertaken if and when this need does arise.
• Inspections will be undertaken following completion of undermining the recorded This has not been required during the audit period. historic heritage sites to determine if any remediation works are necessary.
In the unlikely event that unexpected archaeological remains or potential heritage items not identified as part of this report are discovered during the continuation of underground mining, all surface works in the immediate area would cease, the 5.10.4 This has not been required during the audit period. Not Triggered remains and potential impacts would be assessed by a qualified archaeologist or heritage consultant and, if necessary, the Heritage Branch, Department of Planning notified in accordance with Section 146 of the Heritage Act 1977 (NSW). 5.11 Traffic and Transport 5.11.4 Traffic Management All coal will continue to be exclusively transported from WWC via the existing private This was confirmed during the audit through interviews with 5.11.4 haulage road to the MCPP in Teralba or Eraring Power Station. No coal will be Complies WWC environmental personnel. transported by local public roads. Consultation has been undertaken with LMCC on this issue. As identified in Section 5.11.1.1, intersection markings, specifically on the approach Funding has been provisioned for 2013 for these line from The Broadway, have considerably faded. WWC will consult with LMCC to have marking upgrades to be undertaken. WWC had previously 5.11.4 Complies the road markings at the intersection of Wakefield Road and The Broadway requested that temporary maintenance of the line marking repainted to appropriately delineate control and lane lines. be completed in the meantime. This temporary linemarking completed in August 2012. The proposed Mining Services Facility will require the construction of a new intersection with Wakefield Road. In accordance with the recommendations of the Construction of the MSF did not commence during the audit 5.11.4 Not Triggered traffic assessment, the design and operation of the Mining Services Facility period. intersection will provide for: • Onsite turning and parking provisions to ensure all vehicles are stopped away from the deceleration and merge lanes, and to ensure that all vehicles enter and depart the Mining Services Facility in a forward direction;
• A 60 to 70 metre deceleration lane and 50 to 60 metre merge lane be provided;
• Access restriction, specifically that heavy vehicles enter the Mining Services Facility exclusively from the south, and depart exclusively to the north. Light vehicle access from the north will be provided, based on the very low number of turning vehicles; and • Signage on both approaches to the Mining Services Facility notifying of Warning: Truck Entering, and Truck Access Ahead. The final design of the new intersections associated with the Mining Services Facility Construction of the MSF did not commence during the audit 5.11.4 will be prepared in consultation with LMCC and will require an approval from LMCC Not Triggered period. under the Roads Act (refer to Section 4.2.4).
60302473 Appendix H 16 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.12 Introduction Visual Impact 5.12.5 Proposed Visual Controls The Project is expected to have minimal impact on the visual amenity of the area. Construction of the MSF did not commence during the audit 5.12.5 WWC proposes to maintain and implement a range of visual controls to screen Not Triggered period. views of the Mining Services Facility and minimise the visual impacts. These include: • Where possible, trees are retained to maintain visual amenity; • Planting of vegetation screening, where necessary, to shield the proposed Mining Services Facility and future ancillary infrastructure; and • The Mining Services Facility and future ancillary infrastructure will be coloured in suitable natural tones. 5.13 Waste 5.13.1 Management Principles The underpinning strategy for waste management is minimisation and segregation of Monthly waste generation is reported monthly within Xstrata 5.13.1 waste at the source. The management principles above will be addressed through as per the details that are received from JR Richards, the Complies the following processes: waste contractor. Waste contractor provides a specialist to check each week • Detailed project design to minimise the potential for wastage; to confirm that wastes are being disposed, stored and managed appropriately onsite at WWC. • Procurement of materials including consideration of packaging and potential for re- WWC environment staff also undertake a monthly use or recycling; inspection of waste management at the site. • Establishment of contracts and purchasing of equipment and supplies in such a During the site visit auditors viewed a copy of one such manner that minimises waste generation (e.g. waste packaging); monthly inspection report. • Identification and segregation of re-usable and recyclable materials; • Education of workforce on waste avoidance, waste stream segregation and recycling; • Processing materials for recycling; • Considering environmental impacts for waste removal and disposal processes; and • Monitoring and inspection regimes. 5.13.2 Predicted Waste Streams Whilst no major changes to the existing WWC surface infrastructure are proposed as part of the Project, a new Mining Services Facility and potential gas ventilation Construction of the MSF did not commence during the audit 5.13.2 infrastructure are also proposed to be constructed. No major modification to the Not Triggered period. existing pit-top facility will be required for this Project. Therefore, there are no significant changes in waste type or volumes predicted from the Project.
The construction of the Mining Services Facility will involve predominantly modular/prefabricated components, which are assembled offsite and transported to the site for installation. These construction activities are therefore not expected to Construction of the MSF did not commence during the audit 5.13.2 Not Triggered generate a significant amount of waste materials. The excavated material generated period. during the earthworks phase of construction will be re-used on site. Inert waste such as concrete will be disposed of in approved areas on site. Office Waste The main type of office waste is waste paper, comprising general office paper, photocopy paper, office stationery and paper from other sources. Paper recycling During the site visit, auditors viewed recycling waste bins bins are provided at the WWC offices and workshops, which are disposed of by located throughout the site. Waste contractor JR Richards 5.13.2 licences contractors. Other office waste includes cardboard and packaging, toner provides a specialist to check each week to confirm that Complies cartridges from printers, photocopiers and facsimile machines. Toner cartridges are wastes are being disposed, stored and managed removed by a licensed contractor for recycling. The quantity of office waste appropriately onsite at WWC. generated by the Project will be minimal and the majority will be recycled. Domestic Waste During the site visit, auditors viewed these waste bins. Domestic waste includes food scraps, aluminium cans, glass bottles, plastic and Waste contractor JR Richards provides a specialist to paper containers and putrescible waste. Domestic waste will be generated by 5.13.2 check each week to confirm that wastes are being Complies employees and contractors at the site and recycled where practicable. Bulk bins are disposed, stored and managed appropriately onsite at provided onsite and disposed of by a licensed contractor. WWC. Sewage Treatment and Disposal Sewage and bathhouse wastewater generated at WWC is treated on site through the Operations at WWC continue to be undertaken in this 5.13.2 biological sewage treatment plant (STP). Sewage and bathhouse wastewater will Complies manner. continue to include waste from toilets, bathhouses, kitchen sinks and basins. Treated sewage effluent is pumped approximately 3.2 kilometres to the maturation ponds at the MCPP and subsequently used as process water. Sewage sludge from Operations at WWC continue to be undertaken in this 5.13.2 Complies the treatment plant is pumped out and disposed of by a licensed contractor, as manner. required. Portable lavatory facilities are provided for employees working underground. These Operations at WWC continue to be undertaken in this 5.13.2 Complies portable lavatories are serviced and replaced by a licensed sanitary contractor. manner. Operational Waste Workshop and maintenance activities associated with the operation of the mine During the site visit, auditors viewed these waste bins. generate wastes such as rags, gloves, general packing material, empty drums, used Waste contractor JR Richards provides a specialist to replacement parts, oils, lubricants and paints. Labelled bins, which are disposed of 5.13.2 check each week to confirm that wastes are being Complies by a licensed contractor, are available at the workshop for operational waste. These disposed, stored and managed appropriately onsite at wastes will be recycled where possible and otherwise disposed of via a licensed WWC. landfill facility. Fuel Oil and Grease Containment and Disposal The proposed Mining Services Facility will contain a solcenic mixing station, which will supply pre-mixed solcenic oil to the underground operations. The mixing station Construction of the MSF did not commence during the audit 5.13.2 Not Triggered will be bunded in accordance with relevant Australian Standards and DECCW period. requirements. All oils, greases and detergents stored on-site are contained within bunded, covered concrete storage areas. There are approximately 10,000 litres of oils and greases stored on the site at any one time. The primary machine wash down area is located so that wash down water drains through an oil containment pit, which is serviced by an oil/water separator. Treated water is then discharged to the sites dirty water This was confirmed during audit interviews with WWC treatment system. A licensed waste contractor collects any oil captured by the 5.13.2 environmental personnel, and during the site inspection Complies separator, along with other waste oil on a regular basis. The secondary machine undertaken by the auditors. wash down area drains to a containment sump which subsequently overflows via a concrete drain into the North East Dam. An oil boom is located within the drain to prevent any potential oily water from entering the dam. Water from the North East dam is pumped back to the main surface dams and treated as part of the sites dirty water treatment system.
During the site visit, auditors viewed these waste The waste management program at WWC involves the collection and disposal of management systems. Waste contractor JR Richards waste oil, waste coolant, 20 litre waste oil drums, oil filters, oil absorbents, oil rags 5.13.2 provides a specialist to check each week to confirm that Complies and used oil-absorbent materials. A licensed waste contractor is engaged to wastes are being disposed, stored and managed manage these wastes in accordance with the waste provisions of the POEO Act. appropriately onsite at WWC.
60302473 Appendix H 17 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.14 Introduction Socio-Economic Assessment 5.14.1.2 Community Involvement
WWC is also currently operating under an established Social Involvement Plan (SIP) as part of its EMS for its existing operations. The SIP identifies the stakeholders with an interest in the WWC operations, assesses stakeholder needs and outlines Evidence of this community involvement and consultation the sites Stakeholder Engagement Strategy. The Stakeholder Engagement Strategy 5.14.1.2 with various stakeholders was viewed by the auditors during Complies also incorporates the sites annual face to face consultation program and annual the site visit. community donation and support programs. Consultation with relevant stakeholders includes affected landholders, the surrounding community, relevant government agencies, service providers and Aboriginal stakeholder groups (refer to Section 3.0).
As part of Xstrata Coal’s annual corporate social involvement program, Xstrata has committed financial support to over 20 community projects across the Hunter Records of these community involvement projects were 5.14.1.2 Region (Xstrata Coal 2009). This will provide financial assistance to a range of Complies viewed by the auditors during the site visit. community, health, environment, education and arts based initiatives throughout the local area. 5.14.1.3 Community Involvement WWC will continue to maximise the use of existing operations and surface facilities, with limited changes proposed to the existing facilities. The current workforce is not In the Annual Review 2012 it is stated that WWC continues 5.14.1.3 expected to change significantly, and therefore, existing services in the area that Complies to employ approximately 338 full time employees. currently cater for the existing workforce will continue to provide their services without pressure or increased demand. 5.14.3 Management and Ongoing Community Involvement
WWC is committed to the implementation of a Social Involvement Plan. Should the Project be approved, WWC will continue to engage the community in consultation for the purposes of providing the community with information relating to the Project This information is provided in Section 4.2.1 of the Annual 5.14.3 Complies and operations in general and to gain feedback. This will also enable the community Review 2012. to provide feedback to WWC and raise any issues or concerns. It is currently anticipated that consultation will include the following:
Last community newsletter was published in April 2011. • Distribution of a community newsletter as appropriate; WWC currently working on a draft of a new newsletter. A 24 hour general contact number is provided on WWC's • Continued operation of a 24 hour community hotline for receipt of community website. A separate phone number for community complaints. WWC undertakes to respond to community complaints promptly complaints and enquiries is also provided on the website, following receipt. All complaints will be investigated and the results of the and it is advised that this number is available during investigation reported to the complainant in a timely manner; and business hours. • Reporting of all community complaints in the sites AEMR and DECCW Annual This information is provided in Section 4.1 of the Annual Return. Review 2012. 5.15 Land Management, Decommissioning and Rehabilitation 5.15.3 Mine Closure and Rehabilitation Strategy The West Wallsend Colliery Conceptual Closure Plan The following mine closure and rehabilitation strategy addresses the WWC Pit Top (Umwelt, 2008) continues to be reviewed. A pre-feasibility and associated surface facilities at the planned completion of mining. As the extent constraints and opportunities analysis review has also been of the WWC additional surface disturbance footprint for this Project is limited to the 5.15.3 drafted for WWC closure. Once this analysis is completed, Not Triggered proposed Mining Services Facility, there is limited scope for progressive it will indicate what final land use options are available post- rehabilitation throughout the life of mine. The three components of the existing WWC closure. The requirements for detailed closure planning have surface facilities are shown in Figure 1.3 and include the following: not been triggered during this audit period. • WWC pit-top area; • No. 2 Ventilation Shaft; • No. 3 Ventilation Shaft and ballast borehole facility; and • Longwall 11 borehole facility. The West Wallsend Colliery Conceptual Closure Plan It is expected that as part of the mine closure process some minor rehabilitation may (Umwelt, 2008) continues to be reviewed. A pre-feasibility be required to be undertaken on the surface to remediate potential subsidence constraints and opportunities analysis review has also been cracking and associated impacts in the continued underground mining area. These 5.15.3 drafted for WWC closure. Once this analysis is completed, Not Triggered activities are outlined in Section 5.15.3.8. However, as discussed in Section 5.2 it will indicate what final land use options are available post- subsidence remediation works will be undertaken progressively throughout the life of closure. The requirements for detailed closure planning have the Project. not been triggered during this audit period. 5.15.3.1 Xstrata Coal NSW Mine Closure Planning Process The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility It is the intention that this Conceptual Closure Plan will form the basis of the Detailed constraints and opportunities analysis review has also been Closure Plan, which is to be developed following the completion of the detailed mine 5.15.3.1 drafted for WWC closure. Once this analysis is completed, Not Triggered closure planning process and be submitted to the relevant government authorities at it will indicate what final land use options are available post- least two years prior to the planned closure date. closure. The requirements for detailed closure planning have not been triggered during this audit period. WWC has developed a Conceptual Closure Plan in accordance with the XCN Closure Standard. This plan includes details regarding preliminary final land use The West Wallsend Colliery Conceptual Closure Plan objectives and closure criteria, rehabilitation and final void management strategies (Umwelt, 2008) continues to be reviewed. A pre-feasibility as well as the process for engaging relevant stakeholders in the closure planning constraints and opportunities analysis review has also been 5.15.3.1 process to be adopted throughout the mine life. It is the intention that this drafted for WWC closure. Once this analysis is completed, Not Triggered Conceptual Closure Plan will form the basis of the Detailed Closure Plan, which is to it will indicate what final land use options are available post- be developed following the completion of the detailed mine closure planning process closure. The requirements for detailed closure planning have and be submitted to the relevant government authorities at least two years prior to not been triggered during this audit period. the planned closure date. 5.15.3.2 Proposed Post Mining Land Use The West Wallsend Colliery Conceptual Closure Plan There are a number of final land use options that may be applicable to the WWC pit- (Umwelt, 2008) continues to be reviewed. A pre-feasibility top including residential, light industrial or a return to native bushland. As part of the constraints and opportunities analysis review has also been development of a detailed mine closure plan, an analysis will be conducted to 5.15.3.2 drafted for WWC closure. Once this analysis is completed, Not Triggered determine the most appropriate final land use for each of the sites associated with it will indicate what final land use options are available post- WWC within five years of the planned completion of mining. This analysis will be closure. The requirements for detailed closure planning have carried out in accordance with XCN Closure Standard, and will include: not been triggered during this audit period. • the development of post-mining land use options for each site associated with WWC; • Selection of potential land use options in consultation with XCN; • A detailed analysis of XCN approved land use options from above; • Identification of scope and cost of decommissioning works and completion criteria to achieve objectives of each approved land use; • An independent evaluation of each land use option; and • A cost-benefit analysis of each land use option to determine most feasible land use option.
60302473 Appendix H 18 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.0 Introduction The West Wallsend Colliery Conceptual Closure Plan The outcomes of this study will influence the design of the final landform for the sites (Umwelt, 2008) continues to be reviewed. A pre-feasibility and the development of detailed completion criteria for the Detailed Mine Closure constraints and opportunities analysis review has also been 5.15.3.2 Plan. Land use options for the other domains, including the No. 2 and No. 3 drafted for WWC closure. Once this analysis is completed, Not Triggered Ventilation shafts and the Mining Services Facility will most likely be returned to it will indicate what final land use options are available post- native bushland. closure. The requirements for detailed closure planning have not been triggered during this audit period. However, in recognition of the approximate 12 to 15 years of operational life of the The West Wallsend Colliery Conceptual Closure Plan Project, the potential for other sustainable and economically productive post-closure (Umwelt, 2008) continues to be reviewed. A pre-feasibility land uses will be investigated in light of any local and state government land use constraints and opportunities analysis review has also been 5.15.3.2 strategies that may have further evolved towards the end of the mine life. This Complies drafted for WWC closure. Once this analysis is completed, process will be undertaken as part of the detailed mine closure process (refer to it will indicate what final land use options are available post- Section 5.15.2.1) in consultation with the relevant government and community closure. stakeholders. Following the cessation of mining activities, the land above the continued 5.15.3.2 This has not been required during the audit period. Not Triggered underground mining area will remain as the Sugarloaf State Conservation Area. 5.15.3.3 Proposed Post Mining Landform The West Wallsend Colliery Conceptual Closure Plan The extent of land occupied by WWC’s surface facilities is approximately 14 (Umwelt, 2008) continues to be reviewed. A pre-feasibility hectares. A conceptual final landform for the areas will be designed following the constraints and opportunities analysis review has also been 5.15.3.3 selection of a post-mining land use for each site associated with WWC and will be drafted for WWC closure. Once this analysis is completed, Not Triggered included in the Detailed Mine Closure Plan. An overview of the general reshaping it will indicate what final land use options are available post- works that are likely to be undertaken is outlined in Section 5.15.3.6. closure. The requirements for detailed closure planning have not been triggered during this audit period. 5.15.3.4 Closure and Rehabilitation Principles and Objectives The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility constraints and opportunities analysis review has also been The primary objectives of the closure, decommissioning and rehabilitation of WWC 5.15.3.4 drafted for WWC closure. Once this analysis is completed, Not Triggered will be to: it will indicate what final land use options are available post- closure. The requirements for detailed closure planning have not been triggered during this audit period. • return land affected by the operations to a condition suitable for a range of sustainable future land uses; • minimise the potential for long-term environmental impact and liability; and • provide for the safety of employees and the public during and following mine closure. The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility constraints and opportunities analysis review has also been 5.15.3.4 Secondary objectives will be to: drafted for WWC closure. Once this analysis is completed, Not Triggered it will indicate what final land use options are available post- closure. The requirements for detailed closure planning have not been triggered during this audit period. • Prevent access to disused underground workings; • Minimise the potential impacts from closure activities; • Comply with relevant regulatory requirements and attain regulatory consensus on the successful closure and rehabilitation of the site; • Complete the closure, decommissioning and rehabilitation works as quickly and cost effectively as possible whilst achieving the objectives outlined above; • Provide for recovery of the security bond held by the DI&I; • Ensure that the rehabilitated post-closure landform, including remaining structures will be physically and chemically stable and will not present a hazard to public health and safety; • Through rehabilitation of disturbed areas, provide a sustainable vegetation cover; • Implement appropriate control and remediation strategies in the event that contamination sources are identified, so as to prevent off-site impacts; and • Ensure that the design periods and factors of safety for all site works take into account extreme events and other natural processes such as erosion. 5.15.3.5 Preliminary Closure and Rehabilitation Criteria The West Wallsend Colliery Conceptual Closure Plan Completion criteria, determined in consultation with the relevant agencies, will be (Umwelt, 2008) continues to be reviewed. A pre-feasibility utilised to demonstrate achievement of rehabilitation objectives developed in constraints and opportunities analysis review has also been 5.15.3.5 accordance with the XCN Closure Criteria Development and Rehabilitation drafted for WWC closure. Once this analysis is completed, Not Triggered Monitoring standard. The achievement of the completion criteria will be monitored it will indicate what final land use options are available post- and reported within relevant internal and external reports including the AEMR. closure. The requirements for detailed closure planning have not been triggered during this audit period.
The preliminary rehabilitation criteria have been developed to meet the mine closure The West Wallsend Colliery Conceptual Closure Plan objectives described in Section 5.15.3.4. The preliminary closure criteria will be (Umwelt, 2008) continues to be reviewed. A pre-feasibility reviewed and revised throughout the life of the mine and used as the basis for constraints and opportunities analysis review has also been 5.15.3.5 further refinement following the commencement of rehabilitation activities and drafted for WWC closure. Once this analysis is completed, Not Triggered consideration of stakeholder feedback. It is envisaged that this process will occur it will indicate what final land use options are available post- as part of the revision of the MOP and subsequent AEMRs that are submitted to closure. The requirements for detailed closure planning have DoP, DI&I, LMCC and other key agencies. not been triggered during this audit period. Xstrata operations undertake a holistic approach to rehabilitation and mine closure planning from a conceptual project planning phase through to the preparation of The West Wallsend Colliery Conceptual Closure Plan detailed rehabilitation and mine closure plans. Detailed rehabilitation design is (Umwelt, 2008) continues to be reviewed. A pre-feasibility undertaken as part of the preparation or revision of the existing MOP for an constraints and opportunities analysis review has also been operation and approved by DI&I. The MOP approval also provides for the 5.15.3.5 drafted for WWC closure. Once this analysis is completed, Not Triggered monitoring of performance against rehabilitation objectives over the life of an it will indicate what final land use options are available post- operation as well as the requirement to submit and periodically review a closure. The requirements for detailed closure planning have rehabilitation security bond held by the DI&I. Prior to the commencement of not been triggered during this audit period. decommissioning and rehabilitation works at WWC, a Decommissioning MOP will be submitted to DI&I for approval.
60302473 Appendix H 19 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 5.15.3.61.0 Introduction Scope of Mine Closure Decommissioning Works Site Services Electricity services to the underground mine will be removed upon completion of mine sealing at which time the ventilation fans are no longer required. Power to the 5.15.3.6 buildings, including power lines, will be removed prior to demolition. Depending This has not been required during the audit period. Not Triggered upon the outcomes of the final land use study, electricity supply may be retained to the site to support the proposed post mining land use option. It is envisaged that the 11kV powerline to the No. 3 Ventilation Fan site will be removed as part of the decommissioning of this site, however this will be confirmed 5.15.3.6 as part of the final land use analysis. The same situation exists for the Mining This has not been required during the audit period. Not Triggered Services Facility, with the proposed powerline to be removed unless otherwise required. Buildings and Fixed Plant All buildings and fixed plant (including conveyors, transfer stations, breaker bins, etc.) will be demolished and removed from the site. Where appropriate the materials recovered in the demolition will be sold for re-use or recycled. All concrete footings and pads will be broken up and removed with the waste material being buried in the 5.15.3.6 This has not been required during the audit period. Not Triggered MCPP tailings dam, used for filling ventilation shafts, or other locations deemed appropriate on the WWC site. These locations will be determined based on the final land use and will be selected in consultation with the appropriate government agencies (e.g. DI&I). Provided that it does not pose a constraint to the proposed final land use, there may be circumstances where structures such as footings, underground water pipelines and disconnected power cables may be left in situ. Such circumstances may include 5.15.3.6 where it is not practical to retrieve the structures or where their removal may lead to This has not been required during the audit period. Not Triggered environmental damage (e.g. erosion or loss of vegetation through clearing). In such circumstances, the location of these remaining structures will be surveyed and recorded on a plan. Roadways, Car Parks and Rail Lines If not required by the post mining land use, the bitumen roadways, car parks and hardstand areas around the administration building, stores area and workshop will be ripped up with the waste material being placed in the drift and shafts and buried. 5.15.3.6 Bitumen will be broken up and removed with the waste material being buried in the This has not been required during the audit period. Not Triggered MCPP tailings dam or other locations deemed appropriate on the WWC site. These locations will be determined based on the final land use and will be selected in consultation with the appropriate government agencies (e.g. DI&I). The railway lines on the pit-top area around the store and workshop will be ripped up 5.15.3.6 where appropriate and will be sold for re-use, recycled or disposed of at an This has not been required during the audit period. Not Triggered authorised waste facility. Salvage and Removal of Mine Equipment In consideration that the mine commenced operations in 1969 and that mine closure is not anticipated until approximately 2022, the assessment of end of mine life rehabilitation liability assumed that the majority of machinery and equipment would 5.15.3.6 not be worth salvaging and therefore would be left underground. The decision to This has not been required during the audit period. Not Triggered salvage selected machinery and equipment will be made based on the outcome of an environmental and safety risk assessment and will be undertaken in consultation with the relevant stakeholders.
Plant and equipment that is salvaged from the mine will be cleaned and temporarily stored at the pit-top prior to removal off site. Prior to storage, all equipment and 5.15.3.6 machinery will be inspected for any actual or potential hydrocarbon or fluid leakages, This has not been required during the audit period. Not Triggered which will be appropriately contained and treated. Regular inspections will continue whilst the machinery/equipment is stored on site. Hazardous Materials Management Leading up to the cessation of mining activities, hydrocarbon stocks will be depleted and additional stocks only ordered as required. Upon cessation of operations, all remaining hydrocarbons stored in tanks such as diesel, lubricants and soluble oil will 5.15.3.6 This has not been required during the audit period. Not Triggered be drained and either utilised or disposed of via an authorised contractor. The storage tanks will be removed and depending on their condition either sold or disposed of appropriately. In the lead up to the cessation of mining activities, stocks of dangerous goods on- site will be depleted, with new stock being purchased only as required. It is 5.15.3.6 envisaged that the majority of dangerous goods remaining on-site will include gas This has not been required during the audit period. Not Triggered bottles and cleaning agents, which will be utilised during decommissioning activities or disposed of off site via an authorised waste contractor. Sewage Treatment Infrastructure Following the demolition of all surface buildings, the on-site sewage treatment 5.15.3.6 system will be decommissioned. The decommissioning of the system will involve This has not been required during the audit period. Not Triggered the following: • The removal and disposal of sewage sludge from the tanks by a licensed waste contractor; • The removal of the aeration tanks for either off-site disposal at an authorised landfill or depending on their condition, for re-use at another site; and • At least partial removal of the buried effluent pipeline from WWC to the MCPP. It is envisaged that the pipeline will be removed in areas where it may be exposed or where there may be a risk to future exposure as a result of erosion (e.g. creek crossings). Sections of the pipeline may be left where their removal would cause more environmental disturbance then leaving them in place. Water Management Infrastructure The final design of the water management system will be dependent upon the outcomes of the final land use study and will be detailed in the closure and 5.15.3.6 decommissioning MOP. However, depending on the chosen final land use, issues This has not been required during the audit period. Not Triggered that will need to be considered as part of future water management system may include: • The removal of the oily water treatment system following the demolition of the workshop and associated facilities; • Removal of excess sediment from the pit-top dams for future use by the subsequent land owner or alternatively filling and shaping of the dams if they are no longer required; • Where dams are to be retained, provide that drainage structures are designed to capture runoff from sufficient catchment area so that the dam can be utilised for its intended use; and • The installation of sediment and erosion control measures for areas where drainage by-passes the surface dams and is discharged off site. ROM Coal Stockpile Area The carbonaceous material (coal) on the base of the emergency ROM pad and emergency storage area will be stripped and removed. Once this has been 5.15.3.6 This has not been required during the audit period. Not Triggered completed, the area will be suitably capped with inert material in consultation with DI&I prior to being rehabilitated.
60302473 Appendix H 20 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 1.05.15.3.7 Introduction Removal of Carbonaceous/Contaminated Material Excess coal material remaining at closure will be scraped-up and either reprocessed 5.15.3.6 This has not been required during the audit period. Not Triggered or disposed of within the MCPP tailings/coarse reject emplacement areas on site.
Where potential contamination may have occurred as a result of site activities (e.g. re-fuelling areas, workshops, etc.), appropriate investigations will be undertaken to determine the presence and extent of any contamination. Where it is identified, 5.15.3.6 This has not been required during the audit period. Not Triggered contaminated material will be either bioremediated on site or disposed of off site at an authorised waste facility. Further investigations involving sampling will be undertaken to validate that contamination has been remediated to acceptable levels. Underground Infrastructure One of the key considerations of the closure, decommissioning and rehabilitation of WWC will be the sealing of shafts, drifts and boreholes which are associated with its 5.15.3.6 This has not been required during the audit period. Not Triggered mining operations. A list of these mine openings and their associated ML as well as the status of each is outlined in Table 5.23. The general strategy for sealing each of these mine openings will be developed by WWC in consideration of the latest DI&I guidelines for mine sealing (refer to Section 5.15.3.6 2.1.3). Engineered drawings of the proposed mine seals will be submitted to the This has not been required during the audit period. Not Triggered DI&I for review and consensus of the design prior to the commencement of mine sealing activities. The construction of the mine seals will be verified by an appropriately qualified engineer in consultation with the DI&I. As-constructed drawings will then be 5.15.3.6 This has not been required during the audit period. Not Triggered subsequently submitted to DI&I to be included as part of the record tracings for the mine. Reshaping Works Following the demolition of the buildings and site infrastructure, it is expected that any concrete slabs and footings will be broken-up and either incorporated into the shaft fill material, buried on site or disposed of at the MCPP tailings dam. Reshaping works may also include the removal of sedimentation dams, which may 5.15.3.6 This has not been required during the audit period. Not Triggered no longer be required following rehabilitation. In regards to the WWC pit-top area, reshaping works will also be required along the embankment of the storage pad adjacent to The Broadway to provide that it is of a suitable grade for long term stability. The entire area will then be trimmed to facilitate the appropriate drainage of surface runoff from the site, rock raked to reduce surface rock and subsequently ripped to 5.15.3.6 promote rainfall infiltration and plant root development whilst minimising the potential This has not been required during the audit period. Not Triggered for erosion. The area will be covered with topsoil material, or a suitable alternative, and a pasture grass and/or native tree mix will be applied to the entire site. 5.15.3.8 Rehabilitation Strategy The Mining Operations Plan 2003 - 2009 West Wallsend A rehabilitation strategy will be developed in consideration of a range of factors 5.15.3.8 Colliery (Xstrata Coal, September 2003) fulfils these Complies including the following: requirements. • Characteristics of the WWC surface areas including the opportunities and constraints associated with existing land resources in relation to soils and land capability (refer to Section 5.15.1); • Key environmental features of the WWC surface areas and surrounds including ecological features; • Relevant government strategic land use objectives for the area and surrounds; • The Strategic Framework for Mine Closure (ANZMEC/MEC); and • The pit-top is to be returned to a condition where its landforms, soils, hydrology, flora and fauna are self-sustaining, and compatible with the surrounding land use. The rehabilitation process that will be employed to achieve the aims of the The West Wallsend Colliery Conceptual Closure Plan 5.15.3.8 conceptual closure strategy is described in detail in below and is summarised as Not Triggered (Umwelt, 2008) continues to be reviewed. follows: A pre-feasibility constraints and opportunities analysis • Stabilising disturbed landforms and ensuring they are free-draining; review has also been drafted for WWC closure. Once this analysis is completed, it will indicate what final • Revegetating these areas in accordance with their planned final land use; and land use options are available post-closure.
• Ongoing monitoring and maintenance of rehabilitated areas to ensure rehabilitation However, the requirement for detailed closure planning has is meeting the designated objectives and criteria, which will enable lease not yet been triggered during the relevant audit period. relinquishment. Proposed Rehabilitation Techniques Due to the limited availability of topsoil on site, topsoil or a suitable alternative will Only minimal vegetation clearing has been undertaken at 5.15.3.8 Not Triggered need to be sourced from external sources for rehabilitation purposes. WWC during the audit period for exploration activities. Only minimal vegetation clearing has been undertaken at 5.15.3.8 The general surface preparation activities to be undertaken at WWC include: Not Triggered WWC during the audit period for exploration activities. The West Wallsend Colliery Conceptual Closure Plan • Prior to revegetation activities, soils will be characterised to determine the type and (Umwelt, 2008) continues to be reviewed. A pre-feasibility application rate that may be required for the addition of soil ameliorants (e.g. constraints and opportunities analysis review has also been gypsum, lime, fertiliser, biosolids, etc.); drafted for WWC closure. • Appropriate soil ameliorants will be applied for incorporation into the final shaped Once this analysis is completed, it will indicate what final surface; land use options are available post-closure. • Where direct tree seeding is planned, final shaped surfaces will be deep ripped However, the requirement for detailed closure planning has parallel with the contour prior to the application of seed to provide for an adequate not yet been triggered during the relevant audit period. seed bed; • Where grass seeding is planned the surface will be harrowed/tilled across the contour to provide for an adequate seed bed; • Suitable erosion control measures (e.g. catch drains, sediment dams, silt fences, mulches, etc.) will be implemented to minimise soil loss from areas undergoing rehabilitation; • Where appropriate and practical, structures such as tree hollows, logs and other woody debris will be incorporated into the final landform to augment the habitat value of the site (whether or not this is an appropriate measure will depend on the final land use); and • The installation of appropriate habitat structures (e.g. ponds) where practical and where consistent with the final land use. The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility Revegetation techniques utilised at WWC will be dependent upon the final land use constraints and opportunities analysis review has also been option selected for each site. Further details regarding revegetation activities will be drafted for WWC closure. Once this analysis is completed, 5.15.3.8 Not Triggered specified in the Detailed Mine Closure Plan and will be consistent with industry it will indicate what final land use options are available post- techniques for the establishment of either open grassland or native ecosystems. closure. However, the requirement for detailed closure planning has not yet been triggered during the relevant audit period. Where appropriate, revegetation activities will be undertaken during spring and autumn. However, opportunistic revegetation may be practised if areas become Only minimal vegetation clearing has been undertaken at 5.15.3.8 available for seeding or planting in summer and winter. After surface soil Not Triggered WWC during the audit period for exploration activities. amelioration and tillage is completed for any given area, revegetation will commence as soon as practical.
60302473 Appendix H 21 AECOM
Reference Requirement Evidence Audit Finding Environmental Assessment: West Wallsend Colliery Continued Operations Project (Umwelt, 2010) 5.15.3.91.0 Introduction Proposed Rehabilitation Monitoring The Biodiversity Management Plan West Wallsend Colliery As per the XCN Closure Criteria and Rehabilitation Monitoring Standard, WWC will (Xstrata Coal, March 2013) and the Draft Rehabilitation and 5.15.3.9 implement a rehabilitation monitoring program to include but not be limited to the Environmental Management Plan (REMP) West Wallsend Complies aspects outlined below. Colliery (Xstrata Coal, January 2013) fulfil these requirements. Active Mining Records During active mining operations, WWC will maintain active records as to processes that may impact upon the rehabilitation of the site. This will provide the basis for During the site visit, auditors viewed records of these 5.15.3.9 Complies interpretation of later rehabilitation monitoring outcomes. Amongst these records to rehabilitation activities undertaken during the audit period. be maintained include the following: • Detailed rehabilitation procedures; • Register of any contaminated sites including bioremediation areas; • Records of production wastes and other waste streams and where they are located on site; • Environmental monitoring records, including surface and groundwater quality; and • Environmental incident records. Rehabilitation Methodology Records WWC will record the details of each rehabilitation campaign during the decommissioning process, so that they are available for later interpretation of 5.15.3.9 rehabilitation monitoring results with the aim of continually improving rehabilitation This has not been required during the audit period. Not Triggered standards on site. Amongst the key monitoring parameters to be included in the program relate to the following: • Landform design details; • Drainage design details; • Substrate characterisation; • Site preparation techniques (e.g. topsoil and source, time of sowing, soil ameliorants used etc.); • Revegetation methodologies (e.g. rate and type of fertiliser, cover crop and rate, seed viability); • Weather conditions; • Photographic records; and • Initial follow-up care and maintenance works. The Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) and the Draft Rehabilitation and Such records from other OCAL operations will also be utilised when designing 5.15.3.9 Environmental Management Plan (REMP) West Wallsend Complies rehabilitation campaigns at WWC. Colliery (Xstrata Coal, January 2013) fulfil these requirements. Annual Rehabilitation Inspection
At least annual inspections of rehabilitated areas will be undertaken to assess soil conditions and erosion, drainage and sediment control structures, runoff water quality, revegetation germination rates, plant health and weed infestation. Outcomes 5.15.3.9 of the annual rehabilitation inspection will be recorded and any required management This has not been required during the audit period. Not Triggered actions that are identified as part of the inspection implemented as soon as practical. Where necessary, rehabilitation procedures will be amended accordingly with the aim of continually improving rehabilitation standards.
Long Term Rehabilitation Monitoring The objective of this monitoring is to evaluate the progress of rehabilitation towards fulfilling long term land use objectives. The monitoring program will be continued Only minimal vegetation clearing has been undertaken at 5.15.3.9 within rehabilitated areas until it can be demonstrated that rehabilitation has satisfied Not Triggered WWC during the audit period for exploration activities. the closure criteria. Information from this monitoring program will also be used to refine closure criteria as required.
The exact scope of the long term rehabilitation monitoring program will be included The West Wallsend Colliery Conceptual Closure Plan as part of the detailed closure plan, which will be developed in consultation with DoP, (Umwelt, 2008) continues to be reviewed. A pre-feasibility DECCW and DI&I. Broadly, the long term rehabilitation monitoring program will constraints and opportunities analysis review has also been include vegetation monitoring, habitat assessment and fauna monitoring where the drafted for WWC closure. Once this analysis is completed, 5.15.3.9 Not Triggered post mining land use objective is to return to native ecosystem. Whilst the program it will indicate what final land use options are available post- will be designed to be comparable between monitoring periods, the program will also closure. However, the requirement for detailed closure be flexible to enable the incorporation of a range of industry accepted techniques planning has not yet been triggered during the relevant audit that will enable sites to be tracked against meeting the closure criteria. period. The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility constraints and opportunities analysis review has also been Long term monitoring programs for other post-mining land use options will be drafted for WWC closure. Once this analysis is completed, 5.15.3.9 Not Triggered developed as required. it will indicate what final land use options are available post- closure. However, the requirement for detailed closure planning has not yet been triggered during the relevant audit period. 5.15.3.10 Revegetation Care and Maintenance Depending upon the outcomes of the rehabilitation monitoring programs as outlined 5.15.3.10 above, the scope of the rehabilitation care and maintenance phase may include the This has not been required during the audit period. Not Triggered following: • Weed and feral animal control of rehabilitation; • Erosion control works; • Re-seeding/planting of rehabilitation areas that may have failed; • Maintenance fertilising; and • Repair of fence lines, access tracks and other general related land management activities. It is envisaged that this program will be continued as required until it can be 5.15.3.10 This has not been required during the audit period. Not Triggered demonstrated that the rehabilitation has satisfied the closure criteria. 5.16 Cumulative Impacts Groundwater During 2012 WWC extracted and discharged 1213.4 ML of The hydrogeological assessment determined that both of these potential risks are groundwater from LW11 borehole, in excess of the current negligible. WWC will continue to monitor groundwater as the Project progresses. groundwater licence 20BL169793 limit of 360 ML per Should review of the monitoring data identify unexpected and/or unusual results and annum, and in exceedance of the proposed variation to that 5.16.2 Not Triggered these relate to cumulative interactions, WWC will investigate and liaise with relevant annual limit of 1000 ML. As reported in Section 3.4.2 of the government agencies to determine an appropriate groundwater management Annual Review 2012, this triggered the TARP. However, no response. such cumulative impacts have been recorded during the audit period.
60302473 Appendix H 22 AECOM Independent Environmental Audit
Appendix I
Audit Protocol: West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit I-1
Appendix I Audit Protocol: West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) Letter 6 April 2011 Due to the minimal level of disturbance, WWC are not proposing to offer During the site visit, auditors viewed Letter 6 April any land based offsets for the Project. Alternatively, WWC are proposing to budget papers and invoices Complies 2011 undertake stream remediation works within the SSCA to a value of $50,000 indicating that this has been per annum over the life of the Project. undertaken during the audit period. Attachment 1 Detailed Response to DECCW Submission 1.0 Subsidence and Water Resource Impacts
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration and subsidence management activities. Interviews with WWC environment personnel confirmed that this is the process In the event that subsidence remediation within intact vegetation is required, that is undertaken. Site auditors also it would be necessary to remove elements of the canopy, shrub and ground viewed copies of pre-clearance layers to allow for access to earthmoving machinery. The remediation of documentation. Arch GIS mapping 1 surface cracking within forest vegetation communities would be managed, is also used to identify and avoid if Complies however, to reduce the amount of vegetation that would be disturbed or possible any relevant biodiversity removed as a result of earthworks. In order to achieve this, small constraints. An erosion and earthmoving machinery would be used in these areas as much as possible. sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration and subsidence management activities. Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also It is considered unlikely that mature trees will need to be cleared to viewed copies of pre-clearance complete the required subsidence remediation; however, in the unlikely documentation. Arch GIS mapping 1 circumstances where it is required, clearing would be undertaken in is also used to identify and avoid if Complies accordance with WWC's detailed pre-clearance procedure (Appendix 3 of possible any relevant biodiversity the Response to Submissions Report). constraints. An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
WWC are continuing to undertake work to further understand the height of fracturing. WWC have recently installed an extensometer, as committed to in the EA and Response to Submissions Report. The extensometer has been installed in Longwall 39 (refer to Figure 1) in order to measures the height of continuous and discontinuous fracturing above the Longwall 39 goaf. Once the longwall extraction is completed, the data will be provided to 1 a geotechnical engineer for analysis and further calibration of the subsidence predictions at this location. The extensometer will allow further understanding of WWC will be able to further refine the subsidence predictions within the areas of depth of cover between 70 metres and 100 metres. This will allow WWC to better manage any potential subsidence impacts associated with the Project.
60302473 Appendix I 1 AECOM
Reference Requirement Evidence Audit Finding West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) 2.0Letter Surface 6 April Water 2011 Impacts WWC proposes to continue to manage surplus water by three methods, as 2 follows: Surface water runoff from the pit-top facilities at WCC discharged to Burkes Operations at WWC continue to be 2(1) Complies Creek, via EPA Point 2 (EPL 1360). undertaken in this manner. Operations at WWC continue to be 2(2) Surplus water from underground mining operations: Complies undertaken in this manner. Transfer to Westside Mine and discharge via EPA Point 4 (EPL 4033). Discharge to Burkes Creek, via EPA Point 2 (EPL 1360) on temporary basis during equipment maintenance periods at the borehole at Longwall 11. Sewage effluent transferred to Macquarie Coal Preparation Plant (MCPP) Operations at WWC continue to be 2(3) Complies for re-use. undertaken in this manner. WWC also has approval to transfer surplus water to Metromix Quarry via As Metromix no longer required this the borehole at Longwall 11. Any further implementation of this option water resource, these plans have 2 Not Triggered depends on both the need for such contingency and establishing not been required during the satisfactory commercial arrangement with the quarry operator. auditing period. It is recognised that further beneficial use of mine water on site and thereby reduction of discharge from the site would be desirable. For this reason, in 2 the EA and subsequently in the Response to Submissions, WWC has made the following commitments in regard to surface water discharges and associated water quality: The first draft of the Draft Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) Within 12 months of project approval, WWC will submit for the approval of was submitted on 24 July 2012 the Director General an updated Surface Water Management Plan for the which is within 6 months from Project. The Plan will be prepared in consultation with NoW and will include consent. Correspondence was 6.6.1 Complies a Surface Water Monitoring Program, Groundwater Monitoring Program, received from OEH stating that they Sediment and Erosion Control Plan and Subsidence Remediation would not comment on draft plan. Monitoring Program. The plan was resubmitted on 21 June 2013 to NoW and DP&I, and WWC are still awaiting for new comments from NoW. The existing Water Management System will continue to be used to control and treat runoff from the WWC pit-top site with surface runoff directed to Operations at WWC continue to be 6.6.2 Complies the water management system dams for use as dust suppression or undertaken in this manner. discharge. This has been undertaken, as per WWC will complete a series of investigations within 12 months of Project 6.6.3 the West Wallsend Colliery Water Complies Approval, including: Re-use Investigation (Xstrata Coal).
This has been undertaken, as per A more detailed desktop investigation of the various salt concentrations at 2 the West Wallsend Colliery Water Complies other Xstrata operations and relevance to WWC. Re-use Investigation (Xstrata Coal).
This has been undertaken, as per Trialling shandying percentages based on the more detailed investigations 2 the West Wallsend Colliery Water Complies of salts. Re-use Investigation (Xstrata Coal).
Determining the most appropriate shandying percentage taking into This has been undertaken, as per 2 consideration potential water quality impacts on the life and maintenance of the West Wallsend Colliery Water Complies the underground mining equipment. Re-use Investigation (Xstrata Coal). During 2012 WWC extracted and discharged 1213.4 ML of groundwater from LW11 borehole, WWC also proposes to continue to extract surplus water from the WWC in excess of the current groundwater underground workings, via a borehole at Longwall 11. This extraction of licence 20BL169793 limit of 360 ML water from WWC is licensed under 20BL1697963. This water is then per annum, and in exceedance of managed by the operations at Westside. Westside Mine is proposed to 2 the proposed variation to that annual Complies cease operations in late 2011/early 2012. WWC proposes to continue limit of 1000 ML. As reported in discharges of surplus underground water from WWC to Cockle Creek after Section 3.4.2 of the Annual Review operations cease at Westside Mine. It is envisaged that at this time EPL 2012, this triggered the TARP under 4033 will be transferred to OCAL. the Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013).
60302473 Appendix I 2 AECOM
Reference Requirement Evidence Audit Finding West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) Letter 6 April 2011WWC have also committed to confirm and implement the optimal water re- use strategy by the proposed investigations detailed in the Surface Water This has been undertaken, as per Assessment within two years of Project Approval. If the investigations 2 the West Wallsend Colliery Water Complies indicate that shandying potable water with mine water for re-use on site is Re-use Investigation (Xstrata Coal). not viable, WWC will investigate the feasibility of other options for mine water treatment and re-use e.g. reverse osmosis. WWC has committed to undertaking additional surface water investigations relating to the proposed underground mining areas. These include preparation of a Watercourse Stability Report to be included as a This watercourse stability report 2 Complies standalone report supporting the Water Management Plan (WMP). The was prepared by Umwelt. Watercourse Stability Report would address the following matters, as requested by NoW: Geomorphic description of streams and rivers within and downstream of the project site (i.e. river stule, geomorphic energy regime to bankfull discharge). Long profile survey along each watercourse to be subsided to the nearest stable (i.e. rock) control point upstream and downstream, on an appropriately expanded scale, with stable rock control points. Nature of bedload material and estimated steam power relationships along each watercourse to be subsided. Effective bank full discharge volume, velocity and tractive stress under pre- and post-subsidence conditions. Velocities under pre and post subsidence modelled for 2 year, 10 year and 20 year ARI storm events. Change in stream velocity and stream power relationships under subsidence conditions against threshold limits to bedload transport. Location and nature of geomorphic controls through each longwall and upstream to the nearest geomorphologically stable control (i.e. presence of rock controls). Nomination of critical thresholds to steam incision for each longwall panel and means to limit subsidence impacts to below threshold limits. Mitigation measures to prevent/limit incision and subsequent degradation of stream channels for each longwall and the cumulative subsidence envelope. WWC has commenced the additional investigations outlined above, including modelling of all watercourses in the proposed underground mining area. That is, in addition to the existing model of the upper reaches of Diega This was noted, however the audit 2 Creek, modelling of a 1st order tributary of Cockle Creek, two 1st order did not require a finding to be made Not Triggered tributaries of Palmers Creek, a 2nd order tributary of Palmers Creek and two on this point. 2nd order tributaries of Bangalow Creek. The approach to these further investigations is outlined below. For each watercourse the 2 year (approximately blank full), 10 year and 20 year ARI storm events were modelled for the existing landform and post mining landform with the predicted subsidence. Using the outputs from the modelling and existing flow characteristics and post mining flow During the site visit, auditors viewed 2 characteristics, including velocities, tractive stresses and stream power are examples of these geomorphic Complies analysed. Where the modelling indicates that the longitudinal grades, monitoring and inspection reports. velocities, bed stresses and stream power would have more than negligible or minor changes with the predicted subsidence, additional analysis is panned to be undertaken. This analysis includes: Select appropriate permissible velocity and permissible tractive stress values for each reach along the watercourse based on targeted field inspections. Compare the values selected for permissible velocity and permissible tractive stress against the modelling results for the watercourse for the existing landform considering information gathered during site inspections to determine potential zones of stability, marginal stability and instability. Consider the modelled potential changes in velocity and tractive stress relative to the permissible values and assessment of the existing stable/unstable zones of the watercourse. Develop a monitoring program including details of: Monitoring of any bed control points. Monitoring of areas where subsidence may increase the stream power above the determined threshold limits potentially causing channel erosion/instability. Long section and cross section surveys, photographic records and/or methods outlined in AUSRIVAS. Investigate and detail any proposed remediation methods to mitigate potential impacts of changes in stream power as a result of underground mining activities.
Preliminary values for velocity and tractive stress for the watercourses in the proposed underground mining area have been selected with consideration During the site visit, auditors viewed of the bed and bank materials and the vegetation coverage. The selected 2 examples of these geomorphic Complies values for each watercourse form are listed in Table 5. These thresholds monitoring and inspection reports. will be further refined during subsequent site inspections and modelling that will be carried out during these additional investigations.
60302473 Appendix I 3 AECOM
Reference Requirement Evidence Audit Finding West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) Letter 6 April 2011Apart from a 1st order tributary of Cockle Creek, all areas of potential instability are located in Diega Creek or Palmers Creek, in areas that are a One area new LW 42 has been minimum of 12 months from longwall progression. In relation to the potential identified during inspections as changes to the stability of tributary of Cockle Creek, these will soon be requiring stream stabilisation. undermined by Longwall 39 (refer to Figure 5). Chart 1 and Chart 2 below 2 However it has been decided to wait Complies show clearly the potential changes to the maximum tractive stresses within until mining activities cease at LW this section of Cockle Creek as a consequence of the mining operations. 42 before stabilisation works Therefore it is planned that these sections of Cockle Creek be prioritised for commence. proactive stream stabilisation works to minimise the potential for generation and export of sediment from the area. The Water Management Plan West In relation to other areas with potential stability impacts, these will be Wallsend Colliery (Xstrata Coal, 2 subject to further detailed investigation as part of the Water Management Complies March 2013) fulfils these Plan. requirements. Additional field work and modelling programs are proposed to refine the initial estimated threshold values used in the preliminary assessment of potential stability impacts and will be also used to further refine the During the site visit, auditors viewed 2 assessment of potential stability impacts. This will allow for a review of the examples of these geomorphic Complies likelihood and potential changes to, downstream water quality as a result of monitoring and inspection reports. changes to watercourse stability associated with the proposed underground mining. The additional level of understanding that this additional field work and One area new LW 42 has been modelling program will provide will allow for the development of a proactive identified during inspections as stability management strategy to minimise the potential increase in erosion requiring stream stabilisation. from the affected streams. This program will likely include the placement of 2 However it has been decided to wait Complies stream bed controls that are strategically located based on the outcomes of until mining activities cease at LW the stream stability modelling. In this way, the streams can be allowed to 42 before stabilisation works return to long term stable profiles over a period of time that is more commence. sympathetic to the surrounding environment. The purpose of this proactive stream bed stabilisation program is to provide stable creek systems within the affected area, minimising the erosion of bed The Water Management Plan West material and therefore the potential for export of sediments. The need or Wallsend Colliery (Xstrata Coal, 2 Complies otherwise for further consideration of these areas in the WWC EPL will be March 2013) fulfils these determined in consultation with DECCW during the preparation of the requirements. Water Management Plan. 3.0 Water Management Plan In areas where surface cracking occurs, remediation works, including self healing mechanisms, surface tilling and grouting, will be undertaken to fill During the site visit, auditors viewed the cracks at the surface and limit potential ingress of surface runoff into the photographic evidence and in-field proposed underground mining operations. As any cracking will appear very 3 evidence of grouting remediation Complies rapidly on the surface after longwall mining, regular checking and resealing works to manage subsidence of in channel cracks will be undertaken. These progressive resealing works impacts. will significantly reduce the potential for loss of surface flows due to subsidence cracking. As outland in Section 1, WWC have committed to further refine the mine plan in response to DECCW's concerns. The additional mine plan changes will result in removing an area with a lower depth of cover, which contains Operations at WWC continue to be 3 Complies approximately 2 hectares of Alluvial Tall Moist Forest EEC. Consequently, undertaken in this manner. there will only be a minor area, approximately 0.1 hectares, of EEC located within the continued underground mining area. During the site visit, auditors viewed photographic evidence and undertook an in-field inspection of these measures being implemented for LW41 along access tracks. Signage, grouting and remediation were been implemented. Security and tape control measures were Management strategies to address subsidence crack impacts in creeks and also seen to be in place. Interviews watercourses include undertaking pre-mining and post-mining inspections. with WWC personnel and This includes daily inspections of surface access tracks, fire trails and inspection of record sheets watercourses when mining is being undertaken. Should a significant impact confirmed that these daily 3 Complies be identified during these inspections, an appropriate remediation strategy inspections are undertaken. During is developed. All remediation activities are undertaken as soon as the site visit, auditors viewed several practicable, in consultation with the relevant stakeholders, including plans that had been drafted with DECCW. infrastructure operators, finalised and submitted to DRE, including plans for Transgrid, RMS, Jemena, Caltex, Nexgen and Telstra, and also for LW 41 and LW 44/45. Samples of quarterly and fortnightly reports provided to relevant stakeholders were viewed by the auditor during the site visit.
60302473 Appendix I 4 AECOM
Reference Requirement Evidence Audit Finding West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) Letter 6 April 2011 These measures are undertaken as per the Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata WWC proposes to continue the existing strategies which are used to Coal, July 2012), the Longwall 44 3 Complies address subsidence crack impacts in creeks and watercourses, including: and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013), and their related sub-management plans. Undertaking pre-mining and post-mining inspections to assess potential subsidence impacts. Communicating inspection results to the respective stakeholders. Any impacts identified during inspections will result in the development of a remediation strategy, in consultation with the relevant stakeholders. Remediation strategies may include remediating large surface cracks, as soon as possible, if they occur along the creeks and assess the potential for grouting. Any remediation works required to rectify surface water ponding is not expected to be substantial based on previous experience at WWC. Due to the limited remediation works undertaken as part of the existing operations, any future remediation works are expected to also be limited in extent and This has not been required during 3 be able to be undertaken either by hand or small earthmoving equipment, Not Triggered the audit period. e.g. bobcat, in accessible areas. As such, the remediation works are not likely to significantly impact on the occurrence of riparian or aquatic vegetation within the predicted subsidence affectation zone or in downstream creek lines. 4.0 Threatened Species and Biodiversity As discussed in Section 5.11.2, it may be necessary to disturb some areas of native vegetation for the construction of these surface facilities. Where Construction of the MSF did not 4 Not Triggered this is unavoidable, areas containing significant ecological features such as commence during the audit period. known threatened species habitat, or hollow-bearing trees will be avoided.
A due diligence procedure has been recommended when determining the location of ancillary infrastructure. Due diligence inspections will be completed by a suitably qualified and experience ecologist to identify any significant ecological features at potential ancillary infrastructure sites and to advise of any required management and mitigation measures. The due Construction of the MSF did not 4 Not Triggered diligence process will allow for the avoidance, where possible, of significant commence during the audit period. ecological features (that is, areas containing known records of threatened species, endangered ecological populations and TECs; significant fauna habitats including hollow-bearing tree) and will ensure that disturbance to native vegetation communities will be limited to the minimum area required.
In the event that unpredicted, adverse impacts on ecological values are identified during management and monitoring of the continued underground mining area, WWC will respond to the issues identified and engage appropriate experts where required. WWC will investigate all appropriate Construction of the MSF did not 4 remediation and mitigation requirements, in consultation with the relevant Not Triggered commence during the audit period. government authorities and in the event that significant impacts on identified ecological values are identified that cannot be adequately remediated, WWC will engage a suitably qualified and experienced ecologist to prepare a Biodiversity Offset Strategy in consultation with DECCW and DoP.
WWC are proposing to undertake stream remediation works within the SSCA which will improve the ecological values of the riparian zones and general EEC health within the SSCA. WWC will commit to providing This has not been required during 4 Not Triggered $50,000 per annum over the life of the mine to fund stream remediation the audit period. works within the SSCA. This funding, in conjunction with the additional mine plan modifications, is considered a significant environmental outcome.
60302473 Appendix I 5 AECOM
Reference Requirement Evidence Audit Finding West Wallsend Colliery Continued Operations Project - DECCW Comments on Response to Submissions (Umwelt, April 2011) Letter 6 April 2011 The known locations of such threatened flora species are considered using Arch GIS mapping The borehole locations will be selected, where possible, to avoid large trees 4 data before exploratory works Complies and items of ecological significance. commence. Generally speaking, this allows such sites to be avoided for exploratory impacts.
Site auditors also viewed copies of pre-clearance documentation. Arch GIS mapping is also used to identify and avoid if possible any relevant Each borehole location will require the excavation of sumps to hold drilling biodiversity constraints. An erosion muds. Each sump will be approximately 3 metres long and 2 metres wide and sediment control plan is and 2 metres deep. A shallow trench approximately 15 to 20 cm deep by 20 4 required for any surface disturbance Complies to 30 cm wide and up to 1.5 metres long will also be excavated to allow works. WWC Environment and water to drain through PVC piping before entering the sump. Where Community Manager and required sediment fences will be erected down slope of the sumps. Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
Once drilling is complete any water retained in the sumps will be removed Operations at WWC continue to be 4 using a water truck, the sumps and associated trench will be backfilled and Complies undertaken in this manner. sediment fences removed. 5.2 Remote Sensing Pilot Program XCN are undertaking a pilot program to utilise remote sensing to quantify Evidence of the use of this remote the effects of longwall mining on native vegetation. The pilot program is sensing technology to analyse the currently being undertaken at West Wallsend Colliery and Ulan mine. effects of subsidence at WWC is 5.2 Selected panels currently identified as West Wallsend (panels 38 to 40) and contained in Xstrata Longwall Complies Ulan (panels 26 and west 3) will be assessed using a combination of newly Subsidence Monitoring: West acquired remotely sensed data (LiDAR and satellite imagery), directed field Wallsend Colliery (Eco Logical, survey and rigorous statistical analysis. November 2012).
The objectives of the pilot program will be to: Evidence of the use of this remote - Derive LiDAR based vegetation condition parameters (foliar density and sensing technology to analyse the canopy height); effects of subsidence at WWC is - Derive satellite imagery based condition parameters (vegetation indices); 5.2 contained in Xstrata Longwall Complies - Sample remotely sensed derived vegetation condition parameters to Subsidence Monitoring: West permit statistical comparison of control and impact site information; and Wallsend Colliery (Eco Logical, - Develop and implement stratified random field sampling design to permit November 2012). statistical comparison of control and impact site information.
60302473 Appendix I 6 AECOM Independent Environmental Audit
Appendix J
Audit Protocol: Extraction and Subsidence Management
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit J-1
Appendix J Audit Protocol: Extraction and Subsidence Management
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) 6.3 Impact Assessment Based on Increased Subsidence Prior to the extraction of each longwall block, West Wallsend Colliery management This LW 41 Extraction Plan is the document 6.3 develops a subsidence monitoring program with the relevant stakeholders and DRE Complies that will provide adequate information for implementing appropriate subsidence referred to. impact management plans.
The subsidence management plans developed to date, have been developed using a risk based approach. These management plans contain contingencies and communication protocols in the event of unexpected subsidence impacts or an This is included as part of the Built Features increase in subsidence as predicted. This has been particularly evident in the 6.3 Management Plan West Wallsend Colliery (Xstrata Complies management plans developed in relation to important infrastructure items where the Coal, March 2013) consequences of unexpected subsidence impacts could be very severe. It is proposed that subsidence management at West Wallsend Colliery will continue to be developed using this same risk based approach. 6.4.1.1 Flora and Fauna Management
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also Any such disturbance works will be undertaken in accordance with the site clearance viewed copies of pre-clearance documentation. for work procedure and will involve a pre-clearance due diligence survey by a Arch GIS mapping is also used to identify and 6.4.1.1 qualified ecologist. Clearing of vegetation will also be undertaken in accordance with Complies avoid if possible any relevant biodiversity the tree felling procedure outlined in Section 6.2.2 of the WWC Biodiversity constraints. An erosion and sediment control plan Management Plan (Appendix 5). is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
6.4.1.2 EEC and GDE Management In the event that unpredicted, adverse impacts on this EEC are identified during management and monitoring of the continued underground mining area, WWC will 6.4.1.2 This has not been required during the audit period. Not Triggered investigate appropriate remediation and mitigation requirements, in consultation with the relevant government authorities. 6.4.1.3 Threatened Species Management Despite no predicted impact, WWC has committed to the following management 6.4.1.3 Complies measures for Black-eyed Susan and other previously unidentified threatened species:
During site visit, auditors viewed details Arch GIS WWC will maintain an accurate database for all known records of clumps of black- database that is maintained for operations at eyed Susan (Tetratheca juncea) and all other threatened flora species on site. This WWC. This mapping includes relevant database will then be utilised for any proposed future works; and environmental constraints information, including known locations of Tetratheca juncea . As outlined in the West Wallsend Colliery targeted surveys for this species will be undertaken between the months of July and Biodiversity Monitoring Report 2012 (Umwelt, December, to identify any previously undiscovered clumps of the Black-eyed Susan January 2013), annual monitoring work was (further details provided in Appendix 5). conducted for WWC during spring.
In the event that unpredicted, adverse impacts on black-eyed Susan (Tetratheca juncea) are identified during management and monitoring of the continued 6.4.1.3 This has not been required during the audit period. Not Triggered underground mining area, WWC will investigate appropriate remediation and mitigation requirements, in consultation with the relevant government authorities.
6.4.1.4 Biodiversity Monitoring
This has occurred, as reported in Section 3.6 of the Annual Review 2012. During 2012, monitoring of Monitoring sites will be removed from the program once it can be demonstrated that Site 7 above LW37 was discontinued. The Site had 6.4.1.4 subsidence impacts have resulted in no discernible impact on the vegetation and been monitored for two years post mining and no Complies fauna characteristics of the sites, at least two years after mining. impacts were identified. Due to the progression of longwall mining, three new biodiversity monitoring sites (Sites 17, and 19) were installed during 2012.
6.4.2.2 Detailed Conditions Assessment WWC have commenced a detailed geotechnical mapping and baseline condition During the site visit, auditors viewed RCA assessment for the Continued Underground Mining Area to identify the individual consultant's GIS database mapping and 6.4.2.2 Complies landscape features within each longwall. A mapping template has been developed Landscape Feature Performance Register and to record at a minimum the following parameters for each landscape feature: containing this information. Face area of each feature (length and height); Aspect; Lithology and existing joints, cracks etc.; Coordinates at each end of the cliff/slope; Vegetation type and density; Detailed cross sections and face sections; and Detailed photo monitoring.
Due to the timing of receipt of the Project Approval and the mining of LWs 40 and 41, the baseline mapping of LW40 has been prioritised so that pre-mining assessments could be completed. To date, detailed mapping has been completed for the first 900m of LW41. A summary of this mapping that has been completed to date is provided in Figure 5 of the Land Management Plan (WWD SD PLN 0059). A schedule of This mapping was viewed by the auditor during the 6.4.2.2 Complies mapping has been developed so that detailed mapping is completed in advance of site visit (Umwelt review dated April 2012). the subsidence affectation zone to identify any pre-mitigation works that are required to be implemented prior to mining. The baseline condition assessments for the whole continued underground mining area are planned to be completed by December 2013. The status of the baseline assessments will be reported in the WWC Annual Review.
Following subsidence, the detailed assessments will be repeated to determine impacts. Upon completion of the post-mining assessments, the results will be The draft End of Panel Report for LW41 was 6.4.2.2 compared to pre-mining conditions to determine compliance with the relevant Complies sighted by the auditor. performance criteria, and will be incorporated into the sites subsidence model to inform future subsidence predictions.
60302473 Appendix J - Longwall 41 1 AECOM
Reference Requirement Evidence Audit Finding Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) 6.4.3.16.3 Impact Surface Assessment Watercourses Based on Increased Subsidence WWC has developed a detailed channel stability monitoring plan for the Continued Underground Mining Area and LW41 (refer to Figure 10). The purpose of the The monitoring had taken place, reports were 6.4.3.1 Complies monitoring program is to assess changes in the morphology, sedimentology and sighted by the auditor. hydrology over the life of the mine, and includes the following: Visual assessments of channel stability, stream flows and stream health; Detailed survey profiles to assess changes in gradient; and An assessment of potential mitigation works required for sections of creeks predicted to be impacted by mining (refer to Appendix 7 for further details on in-stream works); and This monitoring will be completed prior to impact, after the first storm event following mining and 3-6 months and 12-18 months post mining. Further details on the monitoring program are outlined in Appendix 7. Additionally, WWC has committed to remediating subsidence cracking within surface watercourses where required to limit the potential ingress of surface run-off into the This has not been required during the audit period 6.4.3.1 underground mining operations. These remediation activities will be conducted in Not Triggered as no stream cracking has been observed. accordance with the WWC Biodiversity Management Plan (Appendix 5) and the WWC Land Management Plan (Appendix 6). 6.5.1 Aboriginal Archaeology During the development of the WWCCOP EA and the WWC Aboriginal Cultural As identified from post mining inspections, none of Heritage Management Plan (Appendix 8), a range of management and monitoring the specified sites outlined in Table 11 have been 6.5.1 measures were agreed to with the Registered Aboriginal Parties. The proposed Complies adversely impacted from the mining of Longwall management measures for sites located within the affectation area of LW41 are 41. outlined in Table 11 below:
60302473 Appendix J - Longwall 41 2 AECOM
Reference Requirement Evidence Audit Finding Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) 6.5.2.16.3 Impact Management Assessment of Discovery Based on ofIncreased New Heritage Subsidence Sites/Items If during the course of works any previously unknown historical archaeological material or heritage sites/items are uncovered or identified, all work in the area of the item(s) shall cease immediately and a qualified heritage consultant/archaeologist consulted. If the archaeologist considers the material uncovered constitutes an 6.5.2.1 This has not been required during the audit period. Not Triggered archaeological ‘relic’ or a heritage item, the Heritage Branch, OEH will be consulted, in accordance with Section 146 of the Heritage Act 1977 (NSW), to determine an appropriate course of action prior to the recommencement of work in the area of the item. If during the course of works, should a previously unknown Aboriginal archaeological site be located within any part of the WWC COA, WWC will inform the ACHMC members who will visit the site to assess its Aboriginal cultural value and 6.5.2.1 archaeological significance. If the site is within an area proposed for remediation This has not been required during the audit period. Not Triggered works, all works in the vicinity of the site will cease until such time as appropriate management has been discussed and endorsed by the ACHMC, the suitably qualified archaeologist and OEH (refer to Appendix 8). 6.5.2.2 Management of Skeletal Remains In the event that a burial site or human skeletal remains are exposed in any area subject to ground surface cracking or subsidence remediation works, the procedure below is to be implemented in accordance with the Policy Directive – Exhumation of 6.5.2.2 Human Remains (NSW Department of Health 2008), Skeletal Remains – Guidelines This has not been required during the audit period. Not Triggered for the Management of Human Skeletal Remains under the Heritage Act 1977 (NSW Heritage Office 1998) and the Aboriginal Cultural Heritage Standards and Guidelines Kit (NPWS 1997): As soon as remains are exposed, work is to halt immediately to allow assessment and management; Contact local police, OEH and the Heritage Branch; A physical or forensic anthropologist should inspect the remains in situ, and make a determination of ancestry (Aboriginal or non-Aboriginal) and antiquity (pre-contact, historic or forensic); If the remains are identified as forensic the area is deemed as crime scene; or If the remains are identified as Aboriginal, the site is to be secured and the OEH and all registered Aboriginal parties are to be notified in writing; or If the remains are non-Aboriginal (historical) remains, the site is to be secured and the Heritage Branch is to be contacted. The above process functions only to appropriately identify the remains and secure the site. From this time, the management of the remains is to be determined through 6.5.2.2 liaison with the appropriate stakeholders (New South Wales Police Force, forensic This has not been required during the audit period. Not Triggered anthropologist, OEH, Heritage Branch, and registered Aboriginal parties etc.) and in accordance with the Public Health Act 1991 .
Any skeletal remains uncovered during the course of ground disturbing activities will be removed in a sensitive and dignified manner. Approval from NSW Health, under the Public Health Act 1991 , will be required prior to removing/exhuming any skeletal remains. Controlled excavation and removal by the site archaeologists and other 6.5.2.2 This has not been required during the audit period. Not Triggered appropriate specialists (forensic anthropologist, registered Aboriginal parties, New South Wales Police Force, as appropriate) will be undertaken in accordance with Heritage Branch Skeletal Remains Guidelines and any requirements of the OEH and NSW Health. A site specific management policy for the removal of any potential human skeletal remains uncovered within the continued underground mining area during archaeological investigation will be developed, in consultation with a physical 6.5.2.2 anthropologist, the Heritage Branch, OEH and relevant stakeholder groups, if any This has not been required during the audit period. Not Triggered skeletal remains are identified. The management policy would consider the issues detailed in the Heritage Branch Skeletal Remains Guidelines. These issues include but are not limited to: Excavation issues - including personnel who may need to be required, Occupational Health and Safety and recording; Access issues - including limited access, security and public and professional participation; Management issues – including management during excavation and analysis, publicity, interpretation, location of interim resting place (in consultation with relevant stakeholders), ongoing curation of recovered materials and professional access to data; and Re-interment and commemoration. 6.5.2.3 Further Assessment of Historical Heritage Features
If any additional potential impacts or deterioration to the identified heritage items are identified, other than those discussed, additional assessment may be required. In the 6.5.2.3 This has not been required during the audit period. Not Triggered event that historical heritage items are identified within Longwall 41, OCAL will consult with DP&I to determine an appropriate management strategy. 6.5.4 F3 Freeway RMS will also be engaging an expert to provide advice and help develop the LW41 RMS Management Plan from an RMS perspective. The updated management plan The draft End of Panel Report for LW41 was 6.5.4 Complies for LW41 will be submitted to DP&I and DRE for approval prior to any subsidence sighted by the auditor. impact from LW41 (refer to Section 6.5.10). 6.5.6 Great North Walk
An overarching agreement has been entered into The updated GNW Management Plan will be submitted to DPICL, DP&I and DRE for between WWC and National Parks and Wildlife (of 6.5.6 Complies approval prior to any subsidence impact from LW41 (refer to Section 6.5.10) OEH) relating to subsidence management works in the Sugarloaf State Conservation Area. 6.5.7 Tracks, Fire Trails and Fences These subsidence predictions are likely to result in cracking on access tracks and During the site visit, auditors viewed photographic damage to property fences (tilting of posts, distortion of gates and breakage of wires). 6.5.7 evidence and in-field evidence of grouting Complies These impacts are will be remediated by WWC upon identification and will be remediation works to manage subsidence impacts. managed through the implementation of: WWC Land Management Plan (Appendix 6) WWC Public Safety Management Plan (Appendix 11) WWC Subsidence Remediation Procedure (Appendix 14) McCarthy Private Property Management Plan (Section 6.5.10). 6.5.8 Private Property Subsidence impacts to this fence line will be managed in accordance with the Built 6.5.8 This has not been required during the audit period. Not Triggered Features Management Plan. 6.5.9 Survey Control Marks
As identified in Section 4.3.9, there are no survey control marks within the subsidence affectation zone of LW41. In the event subsidence impacts are greater than predicted 6.5.9 This has not been required during the audit period. Not Triggered and a survey control mark is impacted by mining at WWC, the mark will be re- surveyed in consultation with LPMA.
60302473 Appendix J - Longwall 41 3 AECOM
Reference Requirement Evidence Audit Finding Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) 6.5.106.3 Impact Management Assessment Plan Based Schedule on Increased Subsidence
As outlined in the sections above, WWC has previously developed a range of management plans with individual built feature owners to manage subsidence impacts During the site visit, auditors viewed several plans 6.5.10 on these features. WWC proposes to update these management plans for the impacts that had been drafted with infrastructure operators, Complies predicted for LW41. A schedule for the review of these plans is provided in Table 16 finalised and submitted to DRE, including plans for below: Transgrid, RMS, Jemena, Caltex, Nexgen and Telstra, and also for LW 41 and LW 44/45.
6.6 Monitoring
A further draft Subsidence Monitoring Program has been developed for LW 41, in accordance with Project Approval conditions and considering recommendations The auditors viewed the Subsidence Monitoring 6.6 contained within the subsidence assessment, and is included as Appendix 13. This Program and evidence of it being submitted prior Complies program will be forwarded to the Principal Subsidence Engineer – DSE for approval to commencement. prior to the commencement of LW41 extraction. 7.1 Incidents and Complaints All complaints are thoroughly investigated by the WWC Environment and Community Manager in accordance with WWC’s Community Complaint and Environmental 7.1 Incident Management Procedure (WWC SD PRO 0036). It is the objective of the This has not been required during the audit period. Not Triggered WWC EMS that a consistent approach is maintained for the handling of complaints. In the event that a complaint is received, the TARP’s as outlined in Table 18 will be implemented.
Grabon incident of greater than predicted subsidence impacts was reported to the relevant All environmental incidents will be investigated to a level commensurate to their risk Government agencies as required by approvals. level in consultation with the OCAL Environment and Community Manager and 7.1 Details of the incident were reported to the Complies Subsidence Management Coordinator. All subsidence related incidents will be Community Consultative Committee and in the reported to relevant stakeholders and annually in the Annual Review. Annual Review. Documentation was cited during the audit. Grabon incident of greater than predicted subsidence impacts was reported to the relevant Government agencies as required by approvals. 7.1 The written report to relevant stakeholders will include the following details: Details of the incident were reported to the Not Triggered Community Consultative Committee and in the Annual Review. Documentation was cited during the audit. The date, time and nature of the incident; Identify the likely cause of the incident; Description of the response action that has been undertaken to date; and Description of the proposed measures to address the incident. 7.2 Assessment Against Performance Criteria The draft End of Panel Report for LW41 was Assessment against the project approval criteria will be undertaken as outlined in the 7.2 sighted by the auditor. Some relevant information Complies relevant management plans. also included in Annual Review 2012.
The Grabon incident in Oct 2012 triggered this condition and evidence was cited that a geotechnical consultant was engaged, 7.2 management measures have been implemented to Complies reduce impacts on subsequent longwalls and In the event that progressive assessment against the criteria identifies that report submitted to DRE, DP&I and other relevant subsidence impacts have the potential to exceed the performance criteria in the long stakeholders. term, the following steps will be taken: Engage subsidence geotechnical consultant to review monitoring results against predictions; Adapt remediation and management measures to reduce impacts on subsequent longwalls; and Report monitoring results and amended management measures to DRE, DP&I and other relevant stakeholders.
60302473 Appendix J - Longwall 41 4 AECOM
Reference Requirement Evidence Audit Finding Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012) 7.36.3 IrregularImpact Assessment Results Protocol Based on Increased Subsidence
The Grabon incident in Oct 2012 triggered this condition and evidence was cited that a geotechnical consultant was engaged, 7.3 management measures have been implemented to Complies reduce impacts on subsequent longwalls and In the event of irregular and/or unpredicted monitoring results or impacts associated report submitted to DRE, DP&I and other relevant with longwall mining, as outlined in the Trigger levels of the relevant Management stakeholders. Plan TARPs, the following protocol will be implemented: Provide notification to landholder and relevant agencies as outlined in the relevant TARP; Conduct a preliminary review of the nature of the impact, including: - Any relevant monitoring data; and - Current mine activities and land use practices; Commission an investigation into the unforeseen impact to confirm cause and effect and consider relevant options for amelioration of impact(s) as appropriate; Prepare an action plan, including remediation, if appropriate, in consultation with the appropriate regulatory agency and landowner; Mitigate causal factors where possible; and Implement additional monitoring as necessary to measure the effectiveness of the controls implemented. The outcomes of the investigations into any irregular and/or unpredicted monitoring Grabon incident of greater than predicted results or impacts and the controls / remediation actions implemented will be 7.3 subsidence impacts were reported in the Annual Complies undertaken in consultation with OEH, DP&I and DRE, and will be reported in the Review. Annual Review. 8.1 External Reporting This is contained in Section 3.13 of the Annual 8.1 A summary of monitoring results will be provided in the WWC Annual Review. Complies Review 2012. In addition, any significant findings regarding the implementation of any management This is contained in Section 3.13 of the Annual 8.1 Complies plan will be reported in the Annual Review. Review 2012.
Quarterly SMP status reports will be provided to DRE, DP&I and relevant Samples of these quarterly and fortnightly reports 8.1 stakeholders. The status reports will include a summary of the observed and reported provided to stakeholders were viewed by the Complies subsidence impacts, subsidence monitoring and management actions undertaken. auditor during the site visit.
Section 3.13 of the Annual Review 2012 contains The Annual Review will also document complaints relating to the performance, information about subsidence impacts. No actual 8.1 Complies maintenance and/or failure of any management system. subsidence complaints were recorded at this time for inclusion in the Annual Review 2012.
An End of Panel Report will also be prepared for each longwall and submitted to DRE. The End of Panel Report for LW40 was sighted by 8.1 The End of Panel Report will also include a summary of the monitoring results and the auditor, as well as the End of Panel Report for Complies remediation activities completed in accordance with this plan. LW41 which is currently in progress.
During the site visit, auditors sighted copy of such Subsidence related incidents (subsidence impacts greater than predictions) will be 8.1 a report prepared for submission to DRE. Complies reported in accordance with Section 7.1. 8.2 Review This is contained in Section 3.13 of the Annual Review 2012, and was undertaken for this has occurred during the audit period, as evidenced by Ongoing monitoring and review on the performance and implementation of this Plan 8.2 a review of the sub-management plans that sit Complies will be undertaken in accordance with WWC Environmental Management Strategy. underneath the Longwall 41 plan (as evidence by the West Wallsend Colliery 2013 Annual Review of Environmental Management Plans).
WWC submitted a greater than predicted subsidence impact report in October 2012. Following this submission WWC did not review its management plans within three months and is therefore non compliant. WWC also submitted incident reports in relation to water discharges 8.2 Not Compliant during January and March 2013. Whilst management plans were not submitted to the Director -General, a review was undertaken and minor amendments made where required. These In accordance with Condition 5 of Schedule 6, West Wallsend shall review, and if were sighted during the audit, in particular, necessary revise, the strategies, plans, and programs required under Project Approval amendments to the sites P.I.R.M.P. to the satisfaction of the Director-General, within 3 months of the submission of: (a) the submission of an annual review under condition 4 above; (b) the submission of an incident report under condition 7 below; (c) the submission of an audit report under condition 9 below; and (d) any modification to the conditions of this approval (unless the conditions require otherwise), Furthermore, an Annual Review was submitted in the Proponent shall review and, if necessary revise the strategies, plans and April 2013, however the review following this is not programs required under this approval to the satisfaction of the Director-General. yet due.
The Environment and Community Manager (or delegate) will review and if necessary, revise this plan and resubmit to DP&I every year or earlier if required. Any changes made to the plan as a result of the review will be made in consultation with DP&I and The auditors viewed evidence of West Wallsend 8.2 Complies DRE. A copy of the revised plan will be supplied to the Director-General of DP&I for having reviewed this plan. approval. The EP/SMP will reflect changes in requirements, technology and operational procedures. Updated versions of the approved EP/SMP will be made publicly available on the WWC website (http://www.westwallsendcolliery.com.au/). 8.3 Adaptive Management In the event that unpredicted, adverse impacts are identified during management and During the site visit the auditor found that this is monitoring of the continued underground mining area, West Wallsend will respond to undertaken as per the Subsidence Monitoring the issues identified and engage appropriate experts where required. Response Program West Wallsend Colliery (Xstrata Coal, 8.3 measures to potential subsidence impacts have been developed in consultation with Complies March 2013). Also the incident reports for the relevant stakeholders and are outlined in the WWC Contingency Plan (Appendix 12). Grabon and Grout incidents were reviewed and West Wallsend will investigate all appropriate remediation and mitigation found to comply with this requirement. requirements, in consultation with the relevant government authorities.
60302473 Appendix J - Longwall 41 5 AECOM
Reference Requirement Evidence Audit Finding Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 6.3 Impact Assessment Based on Increased Subsidence Prior to the extraction of each longwall block, West Wallsend Colliery management This is included as part of the Built Features develops a subsidence monitoring program with the relevant stakeholders and DRE 6.3 Management Plan West Wallsend Colliery Complies that will provide adequate information for implementing appropriate subsidence impact (Xstrata Coal, March 2013). management plans. The subsidence management plans developed to date, have been developed using a risk based approach. These management plans contain contingencies and This is included as part of the Built Features communication protocols in the event of unexpected subsidence impacts or an Management Plan West Wallsend Colliery increase in subsidence as predicted. This has been particularly evident in the 6.3 (Xstrata Coal, March 2013), and also within a Complies management plans developed in relation to important infrastructure items where the LW44/45 Subsidence Risk Assessment Report consequences of unexpected subsidence impacts could be very severe. It is proposed viewed by the auditor, and dated 2 October 2012. that subsidence management at West Wallsend Colliery will continue to be developed using this same risk based approach. 6.4.1.1 Flora and Fauna Management
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that this is the Any such disturbance works will be undertaken in accordance with the site clearance process that is undertaken. Site auditors also for work procedure and will involve a pre-clearance due diligence survey by a qualified viewed copies of pre-clearance documentation. 6.4.1.1 ecologist. Clearing of vegetation will also be undertaken in accordance with the tree Arch GIS mapping is also used to identify and Complies felling procedure outlined in Section 6.2.2 of the WWC Biodiversity Management Plan avoid if possible any relevant biodiversity (Appendix 5). constraints. An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval. 6.4.1.2 EEC and GDE Management
In the event the monitoring described in the BMP identifies unpredicted, adverse 6.4.1.2 impacts on the GDE, WWC will investigate appropriate remediation and mitigation This has not been required during the audit period. Not Triggered requirements, in consultation with the relevant government authorities. 6.4.1.3 Threatened Species Management
6.4.1.3 Despite no predicted impact, WWC has committed to the following management Complies measures for Black-eyed Susan and other previously unidentified threatened species: During site visit, auditors viewed details Arch GIS WWC will maintain an accurate database for all known records of clumps of black- database that is maintained for operations at eyed Susan (Tetratheca juncea ) and all other threatened flora species on site. This WWC. This mapping includes relevant database will then be utilised for any proposed future works; and environmental constraints information, including known locations of Tetratheca juncea . As outlined in the West Wallsend Colliery targeted surveys for this species will be undertaken between the months of July and Biodiversity Monitoring Report 2012 (Umwelt, December, to identify any previously undiscovered clumps of the Black-eyed Susan January 2013), annual monitoring work was (further details provided in Appendix 5). conducted for WWC during spring. In the event that unpredicted, adverse impacts on black-eyed Susan (Tetratheca juncea ) are identified during management and monitoring of the continued 6.4.1.3 underground mining area, WWC will investigate appropriate remediation and This has not been required during the audit period. Not Triggered mitigation requirements, in consultation with the relevant government authorities. 6.4.1.4 Biodiversity Monitoring
This has occurred, as reported in Section 3.6 of the Annual Review 2012. During 2012, monitoring of Site 7 above LW37 was discontinued. The Site Monitoring sites will be removed from the program once it can be demonstrated that had been monitored for two years post mining and 6.4.1.4 subsidence impacts have resulted in no discernible impact on the vegetation and Complies no impacts were identified. Due to the progression fauna characteristics of the sites, at least two years after mining. of longwall mining, three new biodiversity monitoring sites (Sites 17, and 19) were installed during 2012.
6.4.2.2 Detailed Conditions Assessment WWCP will monitor landscape features following subsidence as per the requirements of the subsidence monitoring program (Appendix 12), with the landscape feature assessments repeated to determine impacts. Upon completion of the post-mining During the site visit, auditors viewed RCA consultant's GIS database mapping and 6.4.2.2 assessments, the results will be compared in the impact landscape feature register to Complies pre-mining conditions to determine compliance with the landscape performance Landscape Feature Performance Register criteria, and will be incorporated into the sites subsidence model to inform future containing this information. subsidence predictions. 6.4.3.1 Surface Watercourses WWC has developed a detailed channel stability monitoring plan for the Continued Underground Mining Area and LW44 and 45 (refer to Figure 10). The purpose of the This was noted, however the audit did not require 6.4.3.1 Not Triggered monitoring program is to assess changes in the morphology, sedimentology and a finding to be made on this point. hydrology over the life of the mine, and includes the following: Visual assessments of channel stability, stream flows and stream health; Detailed survey profiles to assess changes in gradient; and An assessment of potential mitigation works required for sections of creeks predicted to be impacted by mining (refer to Appendix 7 for further details on in-stream works); and This monitoring will be completed prior to impact, after the first storm event following mining and 3-6 months and 12-18 months post mining. Further details on the monitoring program are outlined in Appendix 7. Additionally, WWC has committed to remediating subsidence cracking within surface watercourses where required to limit the potential ingress of surface run-off into the 6.4.3.1 underground mining operations. These remediation activities will be conducted in This has not been required during the audit period. Not Triggered accordance with the WWC Biodiversity Management Plan (Appendix 5) and the WWC Land Management Plan (Appendix 7).
60302473 Appendix J - Longwalls 44 and 45 1 AECOM
Reference Requirement Evidence Audit Finding Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 6.4.3.16.3 Impact Surface Assessment Watercourses Based on Increased Subsidence Results of groundwater monitoring and this analysis will be reported annually in the Section 3.4 of the Annual Review 2012 contains 6.4.3.1 Complies WWC Annual Review. this information. Additionally, WWC monitor the volume of groundwater extracted from the underground workings via LW11. This data is also analysed on a quarterly basis to identify any potential increases in groundwater inflows into the underground workings. The TARP in the WMP (refer to Appendix 7 - Section 7.1) requires further investigation on the potential causes of the increased groundwater inflow, if extracted groundwater volumes exceed the 100 ML per month or 1000 ML per year. Monitoring This information is contained in Section 3.4 of the 6.4.3.1 Complies results in 2012 identified an increase in mine water extracted from the WWC Annual Review 2012. underground workings (more than 100ML per month). The preliminary results from the investigation conducted into this increase (in accordance with the Water Management Plan) indicate the increase is likely due to an increase in rainfall in 2011 and 2012. The final findings of the investigation will be reported to relevant regulatory authorities once completed. 6.5.1 Aboriginal Archaeology During the development of the WWCCOP EA and the WWC Aboriginal Cultural Heritage Management Plan (Appendix 8), a range of management and monitoring 6.5.1 measures were agreed to with the Registered Aboriginal Parties. The proposed This has not been required during the audit period. Not Triggered management measures for sites located within the affectation area of LW44 and 45 are outlined in Table 11 below:
6.5.2.1 Management of Discovery of New Heritage Sites/Items If during the course of works any previously unknown historical archaeological material or heritage sites/items are uncovered or identified, all work in the area of the item(s) shall cease immediately and a qualified heritage consultant/archaeologist consulted. If the archaeologist considers the material uncovered constitutes an 6.5.2.1 This has not been required during the audit period. Not Triggered archaeological ‘relic’ or a heritage item, the Heritage Branch, OEH will be consulted, in accordance with Section 146 of the Heritage Act 1977 (NSW), to determine an appropriate course of action prior to the recommencement of work in the area of the item. If during the course of works, should a previously unknown Aboriginal archaeological site be located within any part of the WWC COA, WWC will inform the ACHMC members who will visit the site to assess its Aboriginal cultural value and 6.5.2.1 archaeological significance. If the site is within an area proposed for remediation This has not been required during the audit period. Not Triggered works, all works in the vicinity of the site will cease until such time as appropriate management has been discussed and endorsed by the ACHMC, the suitably qualified archaeologist and OEH (refer to Appendix 8). 6.5.2.2 Management of Skeletal Remains In the event that a burial site or human skeletal remains are exposed in any area subject to ground surface cracking or subsidence remediation works, the procedure below is to be implemented in accordance with the Policy Directive – Exhumation of 6.5.2.2 Human Remains (NSW Department of Health 2008), Skeletal Remains – Guidelines This has not been required during the audit period. Not Triggered for the Management of Human Skeletal Remains under the Heritage Act 1977 (NSW Heritage Office 1998) and the Aboriginal Cultural Heritage Standards and Guidelines Kit (NPWS 1997): As soon as remains are exposed, work is to halt immediately to allow assessment and management; Contact local police, OEH and the Heritage Branch; A physical or forensic anthropologist should inspect the remains in situ, and make a determination of ancestry (Aboriginal or non-Aboriginal) and antiquity (pre-contact, historic or forensic); If the remains are identified as forensic the area is deemed as crime scene; or If the remains are identified as Aboriginal, the site is to be secured and the OEH and all registered Aboriginal parties are to be notified in writing; or If the remains are non-Aboriginal (historical) remains, the site is to be secured and the Heritage Branch is to be contacted. The above process functions only to appropriately identify the remains and secure the site. From this time, the management of the remains is to be determined through 6.5.2.2 liaison with the appropriate stakeholders (New South Wales Police Force, forensic This has not been required during the audit period. Not Triggered anthropologist, OEH, Heritage Branch, and registered Aboriginal parties etc.) and in accordance with the Public Health Act 1991 .
60302473 Appendix J - Longwalls 44 and 45 2 AECOM
Reference Requirement Evidence Audit Finding Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 6.3 Impact AssessmentAny skeletal Based remains on Increased uncovered Subsidence during the course of ground disturbing activities will be removed in a sensitive and dignified manner. Approval from NSW Health, under the Public Health Act 1991 , will be required prior to removing/exhuming any skeletal remains. Controlled excavation and removal by the site archaeologists and other 6.5.2.2 appropriate specialists (forensic anthropologist, registered Aboriginal parties, New This has not been required during the audit period. Not Triggered South Wales Police Force, as appropriate) will be undertaken in accordance with Heritage Branch Skeletal Remains Guidelines and any requirements of the OEH and NSW Health. 6.5.2.2 Management of Skeletal Remains A site specific management policy for the removal of any potential human skeletal remains uncovered within the continued underground mining area during archaeological investigation will be developed, in consultation with a physical 6.5.2.2 anthropologist, the Heritage Branch, OEH and relevant stakeholder groups, if any This has not been required during the audit period. Not Triggered skeletal remains are identified. The management policy would consider the issues detailed in the Heritage Branch Skeletal Remains Guidelines. These issues include but are not limited to: Excavation issues - including personnel who may need to be required, Occupational Health and Safety and recording; Access issues - including limited access, security and public and professional participation; Management issues – including management during excavation and analysis, publicity, interpretation, location of interim resting place (in consultation with relevant stakeholders), ongoing curation of recovered materials and professional access to data; and Re-interment and commemoration. 6.5.2.3 Further Assessment of Historical Heritage Features
If any additional potential impacts or deterioration to the identified heritage items are identified, other than those discussed, additional assessment may be required. In the 6.5.2.3 This has not been required during the audit period. Not Triggered event that historical heritage items are identified within Longwall 44 and 45, OCAL will consult with DP&I to determine an appropriate management strategy. 6.5.3 Services Easement Following the monitoring of LW41 which is currently underway, the current management plans and monitoring program will be updated and submitted to DP&I 6.5.3 and DRE for approval prior to impact of LW44 on the Services Easement. The This has not been required during the audit period. Not Triggered schedule for the development of these management plans is outlined in Section 6.5.10. 6.5.4 F3 Freeway
RMS will also be engaging an expert to provide advice and help develop the LW44 & The Built Features Management Plan West 45 RMS Management Plan from an RMS perspective. The updated RMS 6.5.4 Wallsend Colliery (Xstrata Coal, March 2013) Complies Management Plan for LW44 & 45 will be submitted to DP&I and DRE for approval includes comments by RMS. prior to any subsidence impact from the longwalls (refer to Section 6.5.10).
6.5.6 Tracks, Fire Trails and Fences These subsidence predictions are likely to result in cracking on access tracks and During the site visit auditor sighted LW44/45 plan, damage to property fences (tilting of posts, distortion of gates and breakage of wires). 6.5.6 and noted that these access tracks have not been Not Triggered These impacts are will be remediated by WWC upon identification and will be undermined to date. managed through the implementation of: WWC Land Management Plan (Appendix 6). WWC Public Safety Management Plan (Appendix 11). WWC Subsidence Remediation Procedure (Appendix 14). 6.5.7 Survey Control Marks As identified in Section 4.3.9, there are no survey control marks within the subsidence affectation zone of the longwalls. In the event subsidence impacts are greater than 6.5.7 This has not been required during the audit period. Not Triggered predicted and a survey control mark is impacted by mining at WWC, the mark will be re-surveyed in consultation with LPMA. 6.5.9 Telstra Copper Cable Subsidence from LW45 on the cable may result in loss of signal and subsequently may require management measures to uncover the cable prior to mining so During the site visit auditor sighted signed Telstra 6.5.9 serviceability can be maintained. WWC will develop a management plan in Complies plan for LW44/45, dated 18 May 2013. consultation with Telstra to monitor and manage the copper cable (refer to Section 6.5.10).
60302473 Appendix J - Longwalls 44 and 45 3 AECOM
Reference Requirement Evidence Audit Finding Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 6.5.106.3 Impact Management Assessment Plan Based Schedule on Increased Subsidence As outlined in the sections above, WWC has previously developed a range of management plans with individual built feature owners to manage subsidence impacts These impacts are dealt with under the Built 6.5.10 on these features. WWC proposes to update these management plans for the impacts Features Management Plan West Wallsend Complies predicted for LW44 and 45. A schedule for the review of these plans is provided in Colliery (Xstrata Coal, March 2013). Table 17 below:
6.6 Monitoring A draft Subsidence Monitoring Program has been developed for Longwalls 44&45, in accordance with Project Approval conditions and considers recommendations 6.6 contained within the subsidence assessment, and is included as Appendix 12. This This has not been required during the audit period. Not Triggered program will be forwarded to the Principal Subsidence Engineer – DRE for approval prior to the commencement of extraction. 7.1 Incidents and Complaints All complaints are thoroughly investigated by the WWC Environment and Community Manager in accordance with WWC’s Community Complaint and Environmental No subsidence related complaints regarding LW Incident Management Procedure (WWC SD PRO 0036). It is the objective of the 7.1 44 and 45 have been recorded or reported during Not Triggered WWC EMS that a consistent approach is maintained for the handling of complaints. In the audit period. the event that a complaint is received, the TARP’s as outlined in Table 19 will be implemented.
All environmental incidents will be investigated to a level commensurate to their risk No subsidence related complaints regarding LW level in consultation with the OCAL Environment and Community Manager and 7.1 44 and 45 have been recorded or reported during Not Triggered Subsidence Management Coordinator. All subsidence related incidents will be the audit period. reported to relevant stakeholders and annually in the Annual Review.
No subsidence related complaints regarding LW 7.1 The written report to relevant stakeholders will include the following details: 44 and 45 have been recorded or reported during Not Triggered the audit period. The date, time and nature of the incident; Identify the likely cause of the incident; Description of the response action that has been undertaken to date; and Description of the proposed measures to address the incident. 7.2 Assessment Against Performance Criteria Assessment against the project approval criteria will be undertaken as outlined in the 7.2 Not Triggered relevant management plans. This has not been required during the audit period. In the event that progressive assessment against the criteria identifies that subsidence 7.2 impacts have the potential to exceed the performance criteria in the long term, the This has not been required during the audit period. Not Triggered following steps will be taken: Engage subsidence geotechnical consultant to review monitoring results against predictions; Adapt remediation and management measures to reduce impacts on subsequent longwalls; and Report monitoring results and amended management measures to DRE, DP&I and other relevant stakeholders.
60302473 Appendix J - Longwalls 44 and 45 4 AECOM
Reference Requirement Evidence Audit Finding Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 7.36.3 ImpactIrregular Assessment Results Protocol Based on Increased Subsidence In the event of irregular and/or unpredicted monitoring results or impacts associated 7.3 with longwall mining, as outlined in the Trigger levels of the relevant Management Not Triggered Plan TARPs, the following protocol will be implemented: This has not been required during the audit period. Provide notification to landholder and relevant agencies as outlined in the relevant TARP; Conduct a preliminary review of the nature of the impact, including: - Any relevant monitoring data; and - Current mine activities and land use practices; Commission an investigation into the unforeseen impact to confirm cause and effect and consider relevant options for amelioration of impact(s) as appropriate; Prepare an action plan, including remediation, if appropriate, in consultation with the appropriate regulatory agency and landowner; Mitigate causal factors where possible; and Implement additional monitoring as necessary to measure the effectiveness of the controls implemented. The outcomes of the investigations into any irregular and/or unpredicted monitoring results or impacts and the controls / remediation actions implemented will be 7.3 undertaken in consultation with OEH, DP&I and DRE, and will be reported in the This has not been required during the audit period. Not Triggered Annual Review. 8.1 External Reporting
The Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend 8.1 A summary of monitoring results will be provided in the WWC Annual Review. Colliery (Xstrata Coal, March 2013) was prepared Not Triggered in 2013, and so this requirement to report on the plan's performance in the Annual Review has not been triggered during the audit period.
The Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend In addition, any significant findings regarding the implementation of any management 8.1 Colliery (Xstrata Coal, March 2013) was prepared Not Triggered plan will be reported in the Annual Review. in 2013, and so this requirement to report on the plan's performance in the Annual Review has not been triggered during the audit period. 8.1 External Reporting
Quarterly SMP status reports will be provided to DRE, DP&I and relevant Samples of these quarterly and fortnightly reports 8.1 stakeholders. The status reports will include a summary of the observed and reported provided to stakeholders were viewed by the Complies subsidence impacts, subsidence monitoring and management actions undertaken. auditor during the site visit.
The Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend The Annual Review will also document complaints relating to the performance, Colliery (Xstrata Coal, March 2013) was prepared 8.1 Not Triggered maintenance and/or failure of any management system. in 2013, and so this requirement to report on the plan's performance in the Annual Review has not been triggered during the audit period.
An End of Panel Report will also be prepared for each longwall and submitted to DRE. 8.1 The End of Panel Report will also include a summary of the monitoring results and This has not been required during the audit period. Not Triggered remediation activities completed in accordance with this plan. Subsidence related incidents (subsidence impacts greater than predictions) will be 8.1 This has not been required during the audit period. Not Triggered reported in accordance with Section 7.1. 8.2 Review
The Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Ongoing monitoring and review on the performance and implementation of this Plan Colliery (Xstrata Coal, March 2013) was prepared 8.2 Not Triggered will be undertaken in accordance with WWC Environmental Management Strategy. in 2013, and so this requirement to review the plan's performance has not been triggered during the audit period.
The Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend In accordance with Condition 5 of Schedule 6, West Wallsend shall review, and if Colliery (Xstrata Coal, March 2013) was prepared 8.2 necessary revise, the strategies, plans, and programs required under Project Approval Not Triggered in 2013, and so this requirement to review the to the satisfaction of the Director-General, within 3 months of the submission of: plan's performance has not been triggered during the audit period. (a) the submission of an annual review under condition 4 above; (b) the submission of an incident report under condition 7 below; (c) the submission of an audit report under condition 9 below; and (d) any modification to the conditions of this approval (unless the conditions require otherwise),
the Proponent shall review and, if necessary revise the strategies, plans and programs required under this approval to the satisfaction of the Director-General.
The Environment and Community Manager (or delegate) will review and if necessary, The Longwall 44 and 45 Extraction Plan and revise this plan and resubmit to DP&I every year or earlier if required. Any changes Subsidence Management Plan West Wallsend made to the plan as a result of the review will be made in consultation with DP&I and Colliery (Xstrata Coal, March 2013) was prepared 8.2 DRE. A copy of the revised plan will be supplied to the Director-General of DP&I for in 2013, and so this requirement to review the Complies approval. The EP/SMP will reflect changes in requirements, technology and plan's performance has not been triggered during operational procedures. Updated versions of the approved EP/SMP will be made the audit period. A copy of the plan is currently publicly available on the WWC website (http://www.westwallsendcolliery.com.au/). available on the WWC website.
60302473 Appendix J - Longwalls 44 and 45 5 AECOM
Reference Requirement Evidence Audit Finding Longwall 44 and 45 Extraction Plan and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 8.36.3 AdaptiveImpact Assessment Management Based on Increased Subsidence
In the event that unpredicted, adverse impacts are identified during management and monitoring of the continued underground mining area, West Wallsend will respond to the issues identified and engage appropriate experts where required. Response 8.3 measures to potential subsidence impacts have been developed in consultation with This has not been required during the audit period. Not Triggered relevant stakeholders and are outlined in the WWC Contingency Plan (Appendix 12). West Wallsend will investigate all appropriate remediation and mitigation requirements, in consultation with the relevant government authorities.
60302473 Appendix J - Longwalls 44 and 45 6 AECOM
Reference Requirement Evidence Audit Finding Built Features Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 2.3.1 Government Agency Consultation During the site visit, auditors viewed several plans that had been drafted with As detailed in Section 4, further consultation will be undertaken with DRE infrastructure operators, finalised and 2.3.1 following the development of built feature specific management plans prior to submitted to DRE, including plans for Complies subsidence impact. Transgrid, RMS, Jemena, Caltex, Nexgen and Telstra, and also for LW 41 and LW 44/45. 2.3.2 Community Consultation Additionally, the WWC Community Consultative Committee (CCC) will be During the site visit, auditors viewed 2.3.2 consulted with and provided subsidence monitoring results in accordance with the Complies minutes of relevant CCC meetings. Project Approval. 2.3.3 Built Feature Owner Consultation During the site visit, auditors viewed These relationships and communication paths that have been developed are several plans that had been drafted with being utilised to continue management of subsidence with respect to the future infrastructure operators, finalised and 2.3.3 mining at WWC. Consultation will continue to be undertaken with the built feature submitted to DRE, including plans for Complies owners identified in Section 3 during the development of individual subsidence Transgrid, RMS, Jemena, Caltex, Nexgen management plans for the longwalls. and Telstra, and also for LW 41 and LW 44/45. 3.2 F3 Freeway During the site visit, auditors viewed several plans that had been drafted with Detailed in Section 4, WWC will develop a subsidence management plan specific infrastructure operators, finalised and 3.2 to the F3 Freeway in consultation with the RMS and DRE prior to subsidence submitted to DRE, including plans for Complies impacts. Transgrid, RMS, Jemena, Caltex, Nexgen and Telstra, and also for LW 41 and LW 44/45. 3.3 Wakefield Road As detailed in Section 4, a subsidence management plan specific to the During the site visit, auditors viewed 3.3 Wakefield Road is currently being developed for LW44 in consultation with the Complies relevant plan in draft. LMCC and MSB. A further plan will be developed for LW45. Complies During the site visit, auditors viewed Subsidence impacts on the dirt access tracks and trails will be managed as 3.6 relevant inspection reports including Complies outlined in Section 4.6. requirements for controls. 3.7 Landownership During the site visit, auditors viewed several plans that had been drafted with Impacts to the F3 Freeway and Wakefield Road will be managed in infrastructure infrastructure operators, finalised and 3.7 management plans developed in consultation with the stakeholders and DRE, as submitted to DRE, including plans for Complies outlined in Section 4. Transgrid, RMS, Jemena, Caltex, Nexgen and Telstra, and also for LW 41 and LW 44/45. 4.0 Subsidence Predictions and Management Measures These plans are developed in consultation with the built feature owners and DRE. During the site visit, auditors viewed It is proposed that the potential subsidence impacts of the longwalls will be several plans that had been drafted with managed through the review of these existing subsidence management plans in infrastructure operators, finalised and 4 consultation with each infrastructure owner. The indicative timeframes for submitted to DRE, including plans for Complies submission of the management plans, developed from the WWC production Transgrid, RMS, Jemena, Caltex, Nexgen schedule, are provided in Table 3. A summary of the management measures are and Telstra, and also for LW 41 and LW detailed in the sections below: 44/45.
4.1 Services Easement However, WWC is still committed to monitoring the potential impacts on the During the site visit, auditors viewed infrastructure within the services easement and has developed a number of several plans that had been drafted with subsidence management plans with respective built feature owners (initially infrastructure operators, finalised and 4.1 developed in 2002). These plans include a number of Trigger Action Response submitted to DRE, including plans for Complies Plans (TARP’s) based on subsidence monitoring (including early warning lines) Transgrid, RMS, Jemena, Caltex, Nexgen against the predictions above. The actions for these TARPs are based on and Telstra, and also for LW 41 and LW adaptive management principles. 44/45.
60302473 Appendix J - BFMP 1 AECOM
4.1 Services Easement
During the site visit, auditors viewed several plans that had been drafted with infrastructure operators, finalised and It is proposed that these plans will be updated for the longwalls in consultation 4.1 submitted to DRE, including plans for Complies with the feature owners and DRE prior to impact as shown in Table 3. Transgrid, RMS, Jemena, Caltex, Nexgen and Telstra, and also for LW 41 and LW 44/45.
4.2 F3 Freeway During the site visit, auditors viewed several plans that had been drafted with It is proposed that the F3 Freeway Subsidence Management Plan will be updated infrastructure operators, finalised and 4.2 as shown in Table 3 for Longwalls 44&45 in consultation with the RMS and DRE submitted to DRE, including plans for Complies prior to impact. Transgrid, RMS, Jemena, Caltex, Nexgen and Telstra, and also for LW 41 and LW 44/45. 4.3 Wakefield Road Subsidence predictions and behaviour of Wakefield Road above LW45 are expected to be similar to the subsidence effects observed from previous longwall mining operations (LW29-30) beneath Wakefield Road at WWC. WWC will During the site visit, auditors viewed 4.3 Complies implement the monitoring and measurement measures described in the relevant monitoring plan. Wakefield Road Management Plan so the public’s safety and roads serviceability are maintained. 4.6 Sugarloaf State Conservation Area Subsidence impacts on the SSCA above the longwalls are predicted to be limited to surface cracking as described in the Land Management Plan. The relevant 4.6 controls for the SSCA will be implemented for the longwalls through the WWC Complies Public Safety Management Plan (WWC SD PLN 0059) and Land Management Plan (WWD SD PLN 058) and include the following: During the site visit, auditors viewed RCA Regular inspections for subsidence cracking and damage to landscape features ; consultant's GIS database mapping and and Landscape Feature Performance Register. During the site visit, auditors viewed Prompt remediation of any identified subsidence impacts in accordance with: photographic evidence and in-field - Subsidence Remediation Procedure (WWC SD PRO 0053); and evidence of grouting remediation works to - Subsidence Grouting Remediation Procedure (WWC SD PRO 0052). manage subsidence impacts. 4.7 Tracks, Fire Trails and Fences These subsidence predictions are likely to result in cracking on access tracks. 4.7 These impacts are will be remediated by WWC upon identification and will be Complies managed through the implementation of: During the site visit, auditors viewed WWC Land Management Plan (WWC SD PLN 0058); relevant plan. WWC Public Safety Management Plan (WWC SD PLN 0059) including ; During the site visit, auditors viewed - Regular inspections for tracks and trails and damage to landscape features; and relevant inspection reports including - WWC Subsidence Remediation Procedure (WWC SD PRO 0053). requirements for controls. 5.1 External Reporting An Annual Review will be prepared in accordance with the Project Approval and During the site visit, auditors viewed 5.1 will document any activities undertaken to maintain public safety in accordance relevant review undertaken by Umwelt, Complies with this plan. final copy dated April 2013. An End of Panel Report will also be prepared for each longwall and submitted to During the site visit, auditors viewed 5.1 DRE. The End of Panel Report will also include a summary of the activities Complies relevant report in draft. completed in accordance with this plan. 5.2 External Review This has occurred during the audit period, Ongoing monitoring and review on the performance and implementation of this as evidence by the West Wallsend Colliery 5.2 document will be undertaken in accordance with WWC Environmental Complies 2013 Annual Review of Environmental Management Strategy. Management Plans . On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, WWC undertook a review of its management plans as per Condition 5(a), In accordance with Condition 5 of Schedule 6, WWC shall review, and if Schedule 6 of the Project Approval. It is necessary revise, the strategies, plans, and programs required under Project still being determined whether the Built Approval to the satisfaction of the Director-General, within 3 months of the Features Plan will require further updates, submission of: (a) The submission of an annual review; 5.2 based on subsidence results received for Complies (b) The submission of an incident report; monitoring undertaken or regulatory (c) The submission of an audit report; and feedback throughout 2012. The required (d) Any modification to the conditions of this approval (unless the conditions timeframe for this resubmission to the require otherwise), Director-General, if these updates are deemed necessary, will be 31 July 2013 which falls outside of the timeframe for this IEA. The Built Features Management Plan will reflect changes in requirements, During the site visit, auditors viewed the technology and operational procedures. Updated versions of the approved plan 5.2 Built Features Management Plan on the Complies will be made publicly available on the WWC website WWC website. (http://www.westwallsendcolliery.com.au/). 5.3 Adaptive Management In the event that unpredicted, adverse impacts on built features are identified during management and monitoring of the continued underground mining area, WWC will respond to the issues identified and engage appropriate experts where This has not been required during the audit 5.3 Not Triggered required. WWC will investigate all appropriate remediation and mitigation period. requirements, in consultation with the relevant stakeholders and government authorities.
60302473 Appendix J - BFMP 2 AECOM
Reference Requirement Evidence Audit Finding Land Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 5.2 Baseline Condition Assessment
Additionally, detailed landscape feature condition assessments were completed in 2012 to determine the pre-mining condition of each landscape feature in the During the site visit, auditors viewed 5.2 continued mining operations area. A landscape feature inspection from (Appendix 1) baseline condition assessments Complies has been developed to map and assess the pre and post mining landscape feature undertaken by RCA consultants. condition and will record at a minimum the following parameters for each feature: Face area of each feature (length and height); Aspect; Lithology and existing joints, cracks etc.; Coordinates at each end of the cliff/slope; Crack locations, width, depth, orientation; Vegetation type and density; Detailed cross sections and face sections;6 Photo monitoring of all landscape features; Identification of potential public safety hazards; and Indemnification of possible instability. 5.2.1 Pre-mining Mitigation Measures During the pre-mining baseline condition assessments, it was identified that no landscape features require pre-mining mitigation measures to reduce potential subsidence impacts/hazards. This is due to the remote location of the landscape This has not been required during the 5.2.1 features and the general absence of access tracks throughout the continued Not Triggered audit period. underground mining area. However, in the event that future inspections identify any new potential hazards, pre-mining mitigation measures that may be implemented may include the following: Strategic removal or stabilisation of loose boulders along cliff lines and slopes above public access roads and tracks; Installation of temporary ‘drapery’ mesh over cliff faces in high risk areas to contain rock fall roll out; and Installation of boulder catch ditches or fences at strategic locations. 5.2.3 Landscape Feature Monitoring During mining, WWC will undertake monthly inspections as described in the WWC Subsidence Monitoring Program of the subsidence affected surface zone where During the site visit, auditors viewed potential hazards to public safety exist. The inspections will focus on the stability of 5.2.3 baseline condition assessments Complies landscape features and steep slopes identified above the mining area. If instability is undertaken by RCA Australia. identified a qualified geotechnical engineer will be engaged to undertake further inspections of the landscape feature. Following the cessation of subsidence impacts, each landscape feature will be The End of Panel Report for LW40 was reassessed using the landscape feature inspection form (refer to Appendix 1). This sighted by the auditor, as well as the End 5.2.3 Complies monitoring will occur as soon as practicable following the cessation of subsidence of Panel Report for LW41 which is movements surrounding each feature, where safe to do so. currently in progress.
The post mining inspection will focus on identifying and quantifying any subsidence During the site visit, auditors viewed related impacts/hazards on landscape features. Specifically, post mining 5.2.3 relevant comments in LW41 End of Panel Complies photographs and inspections will be compared to pre-mining data to determine the report prepared by RCA consultants. area and percentage of each feature that has been impacted by mining. 5.3.3 General Surface Inspections In addition to the landscape feature related assessments, inspections of the general surface within the continued underground mining area will be undertaken on a monthly basis as described in the Subsidence Monitoring Program. These During the site visit, auditors viewed 5.3.3 inspections will focus on identifying subsidence related impacts on the general baseline condition assessments Complies surface including surface cracking and ponding. These inspections will be recorded undertaken by RCA consultants. on the WWC Surface Cracking Inspection Form (WWC SD FRM 0158) as shown in Appendix 3. During the site visit, auditors viewed In the event subsidence impacts are identified that require remediation, this will be photographic evidence and in-field 5.3.3 undertaken in accordance with the WWC Subsidence Remediation Procedure Complies evidence of grouting remediation works to (WWC SD PRO 0053) and Section 5.4 of this LMP. manage subsidence impacts.
Additional surface inspections will also be undertaken as detailed in the WWC During the site visit, auditors viewed 5.3.3 Public Safety Management Plan a component of the Extraction Plan and SMP relevant geotechnical inspection reports Complies Plans. ). prepared by RCA consultants. 5.4 Subsidence Remediation and Management Procedures The following procedures have been developed for the management and This was noted, however the audit did not 5.4 remediation of surface cracking in previous longwall panels, and will continue to be Not Triggered require a finding to be made on this point. applied to the continued underground mining area: WWC SD PRO 0053 Subsidence Remediation Procedure; and WWC SD PRO 0052 Subsidence Remediation Grouting Procedure. The need to remediate subsidence impacts will be assessed on a case by case basis in consultation with the landowner (generally OEH), and in accordance with any land access licences for the affected area. The decision to remediate During the site visit, auditors viewed subsidence impacts will take into consideration potential risks to public safety and LW41 End of Panel report prepared by the environment, as well as accessibility. If a subsidence crack does not present a 5.4 RCA consultants, including Complies safety risk or risk to the environment, the crack will be left to self remediate to recommendations, and photos indicating prevent further clearing/disturbance works associated with the remediation. If a complete remediation had been achieved. crack does require remediation, the method of remediation will be selected to minimise the potential disturbance to the surrounding environment (i.e. grouting as opposed to earthworks). In the event that minor cracking is observed on access tracks that requires During the site visit, auditors viewed remediation, the remediation will proceed in accordance with the WWC Subsidence photographic evidence of grouting 5.4 Remediation Procedure and in consultation with the landowner and other relevant Complies remediation works to manage subsidence stakeholders. This will generally involve the filling of subsidence cracks with inert impacts at LW41. material, compaction and re-grading of the surface to prevent ponding. Subsidence impacts within close proximity to landscape features will be undertaken in accordance with Section 5.4.1 below. If subsidence impacts are identified within This has not been required during the 5.4 Not Triggered creeks or drainage lines, remediation activities will be undertaken in accordance with audit period. the WWC Water Management Plan (WWC SD PLN 0050).
60302473 Appendix J - Land Plan 1 AECOM
Reference Requirement Evidence Audit Finding Transgrid Transmission Tower Management Plan Longwall 44 and 45 West Wallsend Colliery (Xstrata Coal, April 2013) 5.0 Subsidence Predictions
WWC will implement the Trigger Action Response Plans (TARP) (refer to This has not been required during the audit 5 Section 6) to monitor and manage any subsidence movements of a greater Not Triggered period. magnitude then predicted. 6.1 Subsidence Monitoring Program Subsidence monitoring marks have been installed on the tower bases and on the ground surface adjacent to the tower bases as shown in plan KA3-976 (refer to appendix two) to monitor subsidence movements. Survey monitoring on the earthwire peaks at the six towers will be monitored for movements. WWC will The survey monitoring spreadsheet undertake the monitoring program in Table 4, using these survey monitoring 6.1 containing this data was viewed by the site Complies marks to monitor for X, Y, Z displacements on the tower legs and ground strains auditor during the audit. (although minimal strains are predicted to occur and may be below level of detection). Surveys of the towers will be conducted on a localised grid as per the methods and accuracy described in the WWC Survey Monitoring and Mark Procedure (refer to appendix three).
6.2 Trigger Action Response Plans As outlined in Section 5, the subsidence predictions for the extraction of longwalls are not expected to impact on the Transgrid transmission towers. The TARP has not been triggered during the 6.2 Complies However, the following TARPs have been developed to provide response audit period, but Transgrid has continued to processes in the event that greater than predicted subsidence impacts occur. be advised of survey results.
60302473 Appendix J - Transgrid Tower Plan 1 AECOM
7.1 Reporting Subsidence monitoring results will be provided to Transgrid as soon as During the site visit the auditor sighted an practicable following WWC review of the survey results. In the event that a email showing an example of how these 7.1 Complies TARP is triggered, results will be reported in accordance with the timeframes results were provided to Transgrid 1 day detailed in Table 5. after those results were completed. The Transmission Tower Management Plan Longwall 44 and 45 West Wallsend Colliery An Annual Review will be prepared in accordance with the Project Approval and (Xstrata Coal, April 2013) was prepared in 7.1 will document the monitoring results and remediation activities completed in 2013, and so this requirement to review the Not Triggered accordance with this management plan. plan's performance in the Annual Review has not been triggered during the audit period. The End of Panel Report for LW40 was An End of Panel Report will also be prepared for each longwall and submitted to sighted by the auditor, as well as the End of 7.1 DRE. The End of Panel Report will also include a summary of the monitoring Complies Panel Report for LW41 which is currently in results and remediation activities completed in accordance with this plan. progress. 7.2 Review
The Transmission Tower Management Plan Longwall 44 and 45 West Wallsend Colliery Ongoing monitoring and review on the performance and implementation of this (Xstrata Coal, April 2013) was only prepared 7.2 plan will be undertaken in accordance with WWC Environmental Management Not Triggered in 2013, and so this requirement to review Strategy. the plan's performance has not been triggered during the audit period.
In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary revise, the strategies, plans, and programs required under Project The Transmission Tower Management Plan Approval to the satisfaction of the Director-General, within 3 months of the Longwall 44 and 45 West Wallsend Colliery submission of: (a) the submission of an annual review; (Xstrata Coal, April 2013) was only prepared 7.2 Not Triggered (b) the submission of an incident report; in 2013, and so this requirement to review (c) the submission of an audit report; and the plan's performance has not been (d) any modification to the conditions of this approval (unless the conditions triggered during the audit period. require otherwise),
The Transmission Tower Management Plan Longwall 44 and 45 West Wallsend Colliery The plan will also be updated prior to the extraction of the next relevant longwall (Xstrata Coal, April 2013) was prepared in and will reflect changes in requirements, technology and operational 7.2 2013, and so this requirement to review the Complies procedures. Updated versions of the approved plan will be made publicly plan's performance has not been triggered available on the WWC website (http://www.westwallsendcolliery.com.au/). during the audit period. A copy of the plan is currently available on the WWC website.
60302473 Appendix J - Transgrid Tower Plan 2 AECOM
5.4 Subsidence Remediation and Management Procedures
The OCAL Clearance for Work Procedure (WWC SD PRO 0041) will be completed During the site visit, auditors viewed prior to the commencement of all subsidence remediation works to identify any clearance plan file. In field inspection of 5.4 potential environmental constraints (threatened flora and fauna, Aboriginal Complies subsidence remediation works showed archaeology sites) and to ensure all relevant approvals have been obtained and the negligible ecological disturbance works are undertaken in an environmentally sustainable manner.
5.4.1 Landscape Feature Remediation Following the post mining assessments of landscape features, it may be identified During the site visit, auditors viewed that remediation is required to prevent further impacts (refer to DGS, 2011). This will photographic evidence of grouting 5.4.1 Complies generally include subsidence cracks that are on a steep slope and are greater than remediation works to manage subsidence 300 mm wide and deeper than 1 m above a cliff, minor cliff or cliff terrace. impacts at LW41. During the site visit, auditors viewed This remediation will be undertaken in accordance with the WWC Subsidence photographic evidence and in-field 5.4.1 Grouting Procedure (WWC SD PRO 0052) and in consultation with the landowner Complies evidence of grouting remediation works to and any other affected stakeholder. manage subsidence impacts. During the site visit, auditors viewed Generally this will involve the filling of cracks with a low strength pumpable grout mix photographic evidence of grouting 5.4.1 to provide a long-term stable, non-erodible infill that will prevent the ingress of water Complies remediation works to manage subsidence behind the face of the feature. impacts at LW41. 5.4.2 Subsidence Remediation Monitoring Locations within the continued underground mining area where rehabilitation or remediation works have been undertaken will be monitored on a regular basis in During the site visit, auditors viewed 5.4.2 Complies accordance with site procedures until they are considered to be stable, self relevant monitoring records. sustaining and no longer requiring management. Monitoring will occur at regular intervals following the completion of works, including During the site visit, auditors viewed 5.4.2 Complies an inspection following the first major storm event (greater than 50 mm. relevant monitoring records. 5.5 Assessment Against Performance Criteria It is important to note that the Project Approval performance criteria apply to the entire continued underground mining area, as opposed to individual longwalls. Therefore final compliance with the performance criteria for land management will During the site visit, auditors viewed not be determined until the final longwall in the continued underground mining area Landscape Feature Performance 5.5 has been extracted. However, WWC has established a landscape feature impact Register. It was noted that the non- Complies register to continuously monitor the percentage of landscape features and steep compliance trend trigger was not slopes impacted by subsidence. In the event that progressive assessment against exceeded. the criteria identifies a trend towards non-compliance, the following steps will be taken: Notify relevant stakeholders (e.g. landowner, DRE, DP&I); Engage subsidence/geotechnical consultant to review monitoring results against predictions; Adapt remediation and management measures to reduce impacts on subsequent longwalls; and Report monitoring results and amended management measures to DRE, DP&I and other relevant stakeholders. 6.1 External Reporting Quarterly and fortnightly SMP reporting to DRE and relevant government agency will Samples of these quarterly and fortnightly be provided to stakeholders reporting a summary of observed and report subsidence 6.1 reports provided to stakeholders were Complies impacts, subsidence monitoring and management actions undertaken, including viewed by the auditor during the site visit. impacts to landscape features. An Annual Review will be prepared in accordance with the Project Approval and will document the monitoring results and remediation activities completed in accordance with this LMP. An End of Panel Report will also be prepared for each longwall and This information is included in the Annual 6.1 Complies submitted to DRE. The End of Panel Report will also include a summary of the Review 2012. monitoring results and remediation activities completed in accordance with this plan. Specifically, these reports will include: An update map showing the location of landscape features that have been mapped and had a baseline condition assessment completed; A summary of subsidence impacts that have been identified on landscape features; and An assessment of performance against the landscape feature performance criteria included in the Project Approval. 6.2 Review This has occurred during the audit period, Ongoing monitoring and review on the performance and implementation of this LMP as evidence by the West Wallsend 6.2 Complies will be undertaken in accordance with WWC Environmental Management Strategy. Colliery 2013 Annual Review of Environmental Management Plans . On 19 May 2013, after the submission of the Annual Review 2012 on 30 April 2013, WWC undertook a review of its management plans as per Condition 5(a), Schedule 6 of the Project Approval. It is In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary still being determined whether the Land revise, the strategies, plans, and programs required under Project Approval to the Management Plan will require further satisfaction of the Director-General, within 3 months of the submission of: updates, based on subsidence results (a) The submission of an annual review; 6.2 received for monitoring undertaken or Complies (b) The submission of an incident report; regulatory feedback throughout 2012. The (c) The submission of an audit report; and required timeframe for this resubmission (d) Any modification to the conditions of this approval (unless the conditions require to the Director-General, if these updates otherwise), are deemed necessary, will be 31 July 2013 which falls outside of the timeframe for this IEA.
The LMP will reflect changes in requirements, technology and operational During the site visit, auditors viewed the 6.2 procedures. Updated versions of the approved LMP will be made publicly available Land Management Plan on the WWC Complies on the WWC website (http://www.westwallsendcolliery.com.au/). website.
60302473 Appendix J - Land Plan 2 AECOM
6.3 Adaptive Management
In the event that unpredicted, adverse impacts on landscape features are identified during management and monitoring in the continued underground mining area, WWC will respond to the issues identified and engage appropriate experts where required. This includes a trend towards non-compliance with Project Approval This has not been required during the 6.3 Not Triggered performance criteria as outlined in Section 5.5. WWC will investigate appropriate audit period. remediation and mitigation requirements, in consultation with the relevant government authorities. In the event that significant impacts are identified consultation will be conducted with OEH, DRE and DP&I and relevant stakeholders.
60302473 Appendix J - Land Plan 3 AECOM
Reference Requirement Evidence Audit Finding Subsidence Contingency Plan West Wallsend Colliery (Xstrata Coal, March 2013) 2.2.3 Mine Subsidence Compensation Act 1961 The Longwall 44&45 application area is located within the Killingworth – Wallsend and West Lake Mine Subsidence District. In the event that subsidence resulting from mining at WWC causes damage to a built feature, WWC will liaise with the This has not been required during the audit 2.2.3 Not Triggered owner and the Mine Subsidence Board (MSB) to remediate the feature in period. accordance with this plan, the WWC Built Feature Management Plan (WWC SD PLN 0058) and the Project Approval. 3.0 Trigger Action Response Plans The following trigger, action, response plans have been developed in consultation with the relevant built feature and land owners affected by longwall mining at WWC. These measures have been successfully and effectively implemented for over 10 years and have been continually refined and updated in consultation with The TARP has not been triggered during the 3 the relevant stakeholders as mining at WWC has progressed. The table below Not Triggered audit period. provides a summary of the contingencies measures that have been put in place in the event that subsidence impacts are significantly greater than predicted. These are also provided in greater detail in the other relevant management plans attached to the Extraction Plan for Longwalls 44&45.
These contingencies will be continually refined and updated in consultation with the The TARP has not been triggered during the 3 affected stakeholders as the mine progresses and following updates to subsidence Not Triggered audit period. predictions.
60302473 Appendix J - Subsidence Contingency AECOM
4.1 External Reporting In the event a contingency measure outlined in this plan is enacted, the relevant The TARP has not been triggered during the 4.1 stakeholders will be notified as soon as practicable. This will be in the form of a Not Triggered audit period. phone call or email notification. The Subsidence Contingency Plan West Wallsend Colliery (Xstrata Coal, March 2013) An Annual Review will be prepared in accordance with the Project Approval and was prepared in 2013, and so this 4.1 will document any activities undertaken to maintain public safety in accordance with requirement to report activities in the Annual Not Triggered this plan. Review undertaken in accordance with the plan has not been triggered during the audit period. The End of Panel Report for LW40 was An End of Panel Report will also be prepared for each longwall and submitted to sighted by the auditor, as well as the End of 4.1 DRE. The End of Panel Report will also include a summary of the activities Complies Panel Report for LW41 which is currently in completed in accordance with this plan. progress. 4.2 Review The Subsidence Contingency Plan West Ongoing monitoring and review on the performance and implementation of this Wallsend Colliery (Xstrata Coal, March 2013) 4.2 document will be undertaken in accordance with WWC Environmental was prepared in 2013, and so this Not Triggered Management Strategy. requirement to review and update the plan has not been triggered during the audit In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary revise, the strategies, plans, and programs required under Project Approval to the The Subsidence Contingency Plan West satisfaction of the Director-General, within 3 months of the submission of: Wallsend Colliery (Xstrata Coal, March 2013) (a) The submission of an annual review; was prepared in 2013, and so this 4.2 Not Triggered (b) The submission of an incident report; requirement to review and update the plan (c) The submission of an audit report; and has not been triggered during the audit (d) Any modification to the conditions of this approval (unless the conditions require period. otherwise). The Subsidence Contingency Plan West Wallsend Colliery (Xstrata Coal, March 2013) The Contingency Plan will reflect changes in requirements, technology and was prepared in 2013, and so this 4.2 operational procedures. Updated versions of the approved plan will be made requirement to review and update the plan Not Triggered publicly available on the WWC website (http://www.westwallsendcolliery.com.au/). has not been triggered during the audit period. A copy of the plan is currently available on the WWC website.
60302473 Appendix J - Subsidence Contingency AECOM
Reference Requirement Evidence Audit Finding Subsidence Monitoring Program West Wallsend Colliery (Xstrata Coal, March 2013) 2.2 SMP Approval
This Subsidence Monitoring Program has been developed in accordance with During the site visit, auditor sighted such 2.2 DRE’s SMP approval condition 12 . In the event that changes to this document are correspondence with DRE, dated 23 July Complies required by DRE, the amended program will also be re-submitted to OEH & DP&I. 2013 and 13 May 2013. 3.1 Vertical Subsidence and Ground Movement Pre-mining surveys were completed July LW44 subsidence induced ground movement will be measured by comparing 3.1 2012, however LW44 has not been extracted Complies Airborne Laser Scanning (ALS) survey results pre mining and post mining. yet. In addition to the ALS surveys a cross line above LW44 as shown on plan KA3-982 This baseline survey has been completed, 3.1 (at chainage 350m) will be installed to monitor subsidence movements in relation Complies and was viewed by the site auditor. LW44. Surveys will be undertaken in accordance with the WWC Survey Monitoring Marks Monitoring procedures were sighted by the 3.1 and Procedures (refer to appendix 2) and record subsidence movement, prior to Complies auditor. subsidence effects and posting mining. 3.1.1 Built Feature Monitoring The public safety risks on access tracks will be monitored by undertaking daily This is dealt with as per the Built Features 3.1.1 inspections of the access tracks and trails in the Subsidence Affected Surface Management Plan West Wallsend Colliery Complies Zones (SASZ), during subsidence affectation. (Xstrata Coal, March 2013)
WWC will monitor the survey marks on the tower footings and ground marks at each tower for X, Y & Z movements and implement the Trigger Action Response These inspection reports were viewed by the 3.1.1 Complies Plans (TARP) in the Transgrid Transmission Tower Management Plan to manage site auditor during the audit. any subsidence movements of a greater magnitude then predicted.
3.2 Visual Subsidence Inspections In addition to the monitoring of subsidence and ground movements, WWC will These visual inspection reports were viewed 3.2 undertake visual inspections to identify subsidence impacts on the environment Complies by the site auditor during the audit. and built features. These include but are not limited to the following: Daily inspection of access tracks and trails when affected by subsidence ; Monthly inspection of the general SASZ and landscape features; Post mining assessment of landscape features; and Post remediation inspections of subsidence cracks and impacts. 4 Evaluation of Monitoring Results
All subsidence monitoring results are to be reported in the WWC Annual Review and the WWC End of Panel Report which are both provided to relevant The End of Panel Report for LW40 was government agencies. The Annual Review and End of Panel Report will provide a sighted by the auditor, as well as the End of 4 summary of subsidence monitoring results and a comparison against subsidence Complies Panel Report for LW41 which is currently in predictions for the relevant extraction area. This comparison will be undertaken by progress. a suitably qualified subsidence consultant and if relevant the WWC subsidence model will be updated to provide revised predictions for the following longwall. In the event that subsidence predictions are revised, the affected management plans (e.g. built features plans) will be updated accordingly and submitted to This has not been required during the audit 4 Not Triggered relevant government agencies and placed on the WWC website period. (www.westwallsendcolliery.com.au). Additionally, subsidence monitoring results received from built feature monitoring This has not been required during the audit 4 (e.g. services easement and F3 Freeway) will be assessed immediately against Not Triggered period. trigger levels developed and reported accordingly. 5.1 External Reporting
An Annual Review will be prepared in accordance with the Project Approval and will document subsidence monitoring results as outlined in Section 4. Exceedance This information is contained within the 5.1 Complies of any relevant subsidence predictions or performance criteria will be reported in Annual Review 2012. accordance with the Project Approval to any relevant stakeholders.
The End of Panel Report for LW40 was An End of Panel Report will also be prepared for each longwall and submitted to sighted by the auditor, as well as the End of 5.1 DRE. The End of Panel Report will also include a summary of the subsidence Complies Panel Report for LW41 which is currently in monitoring results as outlined in Section 4. progress. 5.2 Review Ongoing monitoring and review on the performance and implementation of this During the site visit auditor sighted evidence 5.2 document will be undertaken in accordance with WWC Environmental of the management plans of progressive Complies Management Strategy. longwalls being updated. In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary This has not been required during the audit 5.2 revise, the strategies, plans, and programs required under Project Approval to the Not Triggered period. satisfaction of the Director-General, within 3 months of the submission of: (a) The submission of an annual review; (b) The submission of an incident report; (c) The submission of an audit report; and (d) Any modification to the conditions of this approval (unless the conditions require otherwise). The Subsidence Monitoring Program will reflect changes in requirements, During the site visit auditor sighted evidence technology, operational procedures and subsidence predictions. Updated versions of the management plans of progressive 5.2 Complies of the approved plan will be made publicly available on the WWC website longwalls being updated. The current plan is (http://www.westwallsendcolliery.com.au/). available on the WWC website.
60302473 Appendix J - Subsidence Monitoring 1 AECOM Independent Environmental Audit J-2
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Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit
Appendix K
Audit Protocol: Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit K-1
Appendix K Audit Protocol: Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) 1.3.3.2 Dangerous Goods Licence The Dangerous Goods Licence covers 11 depots including the explosives depot, WWC holds dangerous goods 1.3.3.2 flammable liquids depot and the above-ground diesel depot. The licence is required notification 07-100166-001 as Complies to be renewed on an annual basis from July each year. administered by WorkCover. 1.4 MINE CONTACTS
The manager of West Wallsend Colliery is responsible to the regulatory authorities for all aspects of environmental compliance at the site. A site environmental supervisor Operations at WWC continue to be 1.4 Complies carries out the day to day site environmental management and reporting, including undertaken in this manner. monitoring and supervision of environmental works.
1.5.4 Mining Cut-Off Line
Currently the cut-off lines for mining operations are expected to be where the ash Longwalls 42 and 43 are narrow to content of the seam reaches 35% or where there is major deterioration/splitting of the the north, and so longwalls have been 1.5.4 Not Triggered seam, in the west and northwest respectively. These limits will not be reached within cut back in order to deal with this. the next 7 year period covered by the Mining Operation Plan (MOP). This is therefore no longer required.
Longwalls 42 and 43 are narrow to These criteria will need to be periodically reassessed as they depend largely on the north, and so longwalls have been 1.5.4 Not Triggered market prices and operational performance, both of which may fluctuate adversely. cut back in order to deal with this. This is therefore no longer required. 1.7 CONSULTATION The consultation strategy involving key stakeholders will be developed in This was noted, however the audit did 1.7 consideration with the DMR’s guidelines for Subsidence Management Plans and may not require a finding to be made on Not Triggered include the following: this point. • Circulating a newsletter to the mine’s employees detailing the proposed mining development for the MOP period; • Presentations to both the Awabakal Local Aboriginal Land Council and Koompahtoo Local Aboriginal Land Council regarding the mitigation measures to be implemented to minimise subsidence damage to indigenous archaeological sites within their respective zones; • Providing a presentation to relevant Lake Macquarie City Council officers of the proposed mining development for the MOP period; • Visiting landholders who are situated within the zone of affectation of the proposed mining development proposed during the MOP period to outline the likely timing and potential impacts of mining as well as the mitigation strategies to be adopted to minimise the potential subsidence impacts; and
• Providing a presentation to the established Westside Mine Community Consultation Committee of the proposed mining development to be undertaken during the MOP period.
3.1 EXPLORATION Exploration activities during the term of the MOP will be conducted in response to the potential impact of geological structures with the mining layout. It is expected that an This has not been required during the 3.1 Not Triggered exploration program comprising a mix of surface exploration drilling and surface audit period. seismic will be formulated within the next six months.
Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre- clearance documentation. Arch GIS mapping is also used to identify and Exploration activities will be undertaken in accordance with Xstrata’s Standard for avoid if possible any relevant Environmental Management of Exploration and Drilling activities, which includes biodiversity constraints. An erosion 3.1 undertaking pre-clearance surveys. It is expected that minimal disturbance to the Complies and sediment control plan is required vegetation and the landform will occur as a result of West Wallsend Colliery’s for any surface disturbance works. exploration activities. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval. 3.4.4.2 Ventilation
The mine is ventilated with a high pressure centrifugal fan, 3.3 metres diameter, with Operations at WWC continue to be 3.4.4.2 Complies variable speed control producing 180 m3 of air at 950 Pa and speed of 400 rpm. undertaken in this manner.
3.4.4.5 Water Reticulation The mine is supplied with fresh water from the Hunter Water Corporation supply Operations at WWC continue to be 3.4.4.5 network. Water tanks with a combined capacity of 446 kL are on standby for Complies undertaken in this manner. emergency use.
60302473 Appendix K 1 AECOM
Reference Requirement Evidence Audit Finding Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) 3.4.5 Blasting Techniques Blasting is generally limited to underground roadways driven through dykes or faulted ground or where continuous mining machines cannot cut strata. In these instances, all This has not been required during the 3.4.5 work is done under an "Explosives Management System," that is in place to Not Triggered audit period. adequately manage any risks. The Explosives Management System nominates the requirements for: Appointment of shotfires; Ventilation requirements and test for methane; Securing of working areas; Drilling of shot holes and connection of detonators; Charging of shots and connection of detonators; Shot firing patterns and delay sequences; Requirements for disconnection of electric power; Safety precautions prior to shot firing and stemming; and Charge limits and stemming requirements. 3.6.3 Fuel Containment Diesel fuel is delivered to the Colliery via a road tanker and is transferred into a bunded 55,000 litre bulk diesel storage tank. To minimise handling, diesel is Operations at WWC continue to be 3.6.3 Complies transferred directly via a pipeline within a borehole to a smaller storage tank located in undertaken in this manner. the underground workings approximately 180 metres below the surface. 3.6.4 Oil and Grease Containment and Disposal All oils, greases and detergents stored on site are contained within bunded, covered concrete storage areas. There are approximately 10,000 litres of oils and greases stored on the site. Machine wash down areas are located so that wash down water Operations at WWC continue to be 3.6.4 potentially containing oils, greases and sediment must drain through an oil Complies undertaken in this manner. containment pit. An oily water separator was installed to treat waste water that accumulates in this pit. Oil that is collected by the separator is transferred to the waste oil tank for recycling. 3.7 ORE AND PRODUCT STOCKPILES
In order to maintain the efficiency of the operation and to provide that mine production continues in the event of a coal crushing plant breakdown, emergency stockpiles have Operations at WWC continue to be 3.7 been established (see Figure 3.1). The capacity of each area is as follows: Complies undertaken in this manner. • Emergency stockpile capacity 1: 5,000 tonnes; and • Emergency stockpile capacity 2: 25,000 tonnes.
3.10.1 Methane Drainage and Venting Two existing boreholes bleeding longwall goafs in the sealed area within the northern region of the mine are exhausting naturally without the assistance of mechanical aid. Sealed longwall goafs 12 to 18 have also been bleeding in a similar manner via These areas are no longer operational 3.10.1 Not Triggered natural pressure through an existing bore. These three gas wells now simply vent and have been sealed. methane through passive diffusion to prevent buildup. An exploration licence exists for all these sites.
Gas Well 15 is located on the old longwall15 which has been used to vent gas from longwall 12-18 and operates on the same type of passive diffusion as that explained above. Since intercepting a 70 metre dyke in longwall 19 the level of methane within the mine has been significantly reduced through natural processes that have not been quantified. Ventilation has been undertaken through the use of the No. 3 Vent Shaft, These areas are no longer operational 3.10.1 since the shaft commenced operations in March 2000. The methane emissions are Not Triggered and have been sealed. recorded continuously and in accordance with the CMR Act 1999 is reported to the Mine Manager on a monthly basis. The system is alarmed and linked to the Mine Safety Management Plan. The monitoring system is fitted with an alarm should the ventilation cease and appropriate personnel are notified immediately. The alarm system is linked to the Mine Safety Management Plan.
In addition, monthly inspections of the No. 3 Ventilation shaft surface area are carried out by the environmental scientist. These inspections include the assessment of These areas are no longer operational 3.10.1 Not Triggered general environmental aspects of noise, dust, sediment and erosion control and the and have been sealed. progress of rehabilitation. 4.3 PROPOSED REHABILITATION STATUS AT MOP FINISH As the life of mine is approximately 16 years, there is minimal scope for rehabilitation during the MOP term. In the event that disturbance of the site is necessary such as for minor changes to surface infrastructure, objectives of rehabilitation for such activities Only minimal vegetation clearing has 4.3 will be to: been undertaken at WWC during the Not Triggered • Provide for surface stability in the long term; audit period for exploration activities. • Return some aesthetic value to the disturbed area; and • Facilitate visual screening if required.
60302473 Appendix K 2 AECOM
Reference Requirement Evidence Audit Finding Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003)
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre- Any disturbance associated with ancillary activities such as exploration drilling, clearance documentation. Arch GIS establishment of gas wells, or subsidence monitoring is rehabilitated as soon as mapping is also used to identify and 4.3 practicable following such disturbance. Follow up inspections are undertaken to avoid if possible any relevant Complies ensure that the site is stabilised and to determine the need or otherwise for further biodiversity constraints. An erosion maintenance. and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
4.5 REHABILITATION OF DISTURBED LAND A summary of the surface area affected by the Colliery’s operations and the proposed This has not been required during the 4.5 Not Triggered rehabilitation to be undertaken during the MOP term is outlined in Table 4.1. audit period.
4.6 WATER MANAGEMENT (REHABILITATED LAND) As outlined in Section 4.3, there is no rehabilitation works scheduled to be undertaken Operations at WWC continue to be 4.6 during the MOP term. Therefore, the water management system will continue to be Complies undertaken in this manner. operated as described in Section 3.8.1. 4.7 OTHER INFRASTRUCTURE It is expected that gaswells No. 8 & 9 will be decommissioned during the first half of This has not been required during the 4.7 2004. The footprint on these sites is small and appropriate rehabilitation measures will Not Triggered audit period. be undertaken. This was noted, however the audit did It is envisaged that maintenance works to previously rehabilitated areas, such as the 4.7 not require a finding to be made on Not Triggered No. 3 Ventilation Shaft, may be required during the MOP term. this point.
60302473 Appendix K 3 AECOM
Reference Requirement Evidence Audit Finding Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) 5.0 FINAL REHABILITATION
The West Wallsend Colliery In preparation for mine closure, a conceptual closure plan, which will include an Conceptual Closure Plan (Umwelt, assessment of an end of mine life rehabilitation liability, is currently being developed 2008) continues to be reviewed. A pre- for the Colliery. The plan will provide an overall framework for the mine closure feasibility constraints and process with the intention to utilise the document as the basis for the development of 5 opportunities analysis review has also Complies a comprehensive mine closure plan within two years of the planned completion of been drafted for WWC closure. Once mining. Further, the plan will provide the basis for the calculation of a suitable annual this analysis is completed, it will accrual to facilitate an adequate provision to cover the mine closure, indicate what final land use options decommissioning and rehabilitation costs. are available post-closure.
5.0 FINAL REHABILITATION
A list of the issues to be addressed within the conceptual closure plan for West Wallsend Colliery includes the following: 1. Legal and other obligations for mine closure; 2. Provisions for mine closure; 3. Closure criteria and close-out procedures with relevant regulatory authorities, including relinquishment of leases and licenses; 4. Stakeholder identification and consultation strategy; The West Wallsend Colliery 5. Risk assessment of existing and potential future legacies, including cost/benefit Conceptual Closure Plan (Umwelt, analysis of the treatment of certain risks; 2008) continues to be reviewed. A pre- 6. Strategy for determining final land use options; feasibility constraints and 7. Integration with other mines; 5 opportunities analysis review has also Complies 8. Management of mine infrastructure; been drafted for WWC closure. Once 9. Strategies for final rehabilitation, including final landform design; this analysis is completed, it will 10. Salvage and auctioning of mine infrastructure, plant and equipment; indicate what final land use options 11. Management of hazardous areas on site; are available post-closure. 12. Environmental management issues during both closure and post mining phases; 13. Management of site records; 14. Management of remote infrastructure areas; 15. Tenement relinquishment; 16. Site security during both the closure and post-mining phases; and 17. Opportunities for rationalisation of the footprint of the mine leading to the potential progressive decommissioning of various sectors of the site.
7.1.1 Dust Management Criteria and Control Procedures
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and unsealed access roads, that Dust controls on site include: weekly sweeping of paved store • Dust suppression sprays in the road between the surface coal mine and the western areas and haul loop are undertaken, entrance to the colliery from The Broadway; and that dust flaps are situated on the • Enclosure of the coal crusher; ROM bin. During the site visit, 7.1.1 • Enclosure of the most conveyors; Complies auditors also found the site to be • Removal of sediment from surface belt sump; maintained in a clean and tidy • Dust suppression sprays in the surface yard; and manner. Auditors also viewed monthly • Dust suppression sprays within the coal stockpile area. site inspection records confirming The dust suppression system uses recycled water sourced from the Top Dam. how the site is maintained. Camera network for onsite dust emissions was also sighted by the auditors during the site visit. No exceedances of depositional dust criteria were recorded during the audit period.
7.2 EROSION AND SEDIMENT
Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre- clearance documentation. Arch GIS mapping is also used to identify and Whenever site disturbance is necessary, appropriate soil and erosion and avoid if possible any relevant sedimentation controls are put in place. These procedures also apply to any ancillary biodiversity constraints. An erosion 7.2 Complies activities on the surface of the underground mining area. Appropriate erosion and and sediment control plan is required sediment control measures such as sediment fencing and hay bales are put in place. for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
Runoff from the coal stockpiles is directed into sediment sumps and then reports to the water management system for further treatment using flocculants prior to discharge. The sediment sumps are cleaned out regularly to maintain capacity and manage overflow. This system is managed on a daily basis through inspections. In Operations at WWC continue to be 7.2 Complies regard to general sediment and erosion control strategies, all exposed areas undertaken in this manner. generated through surface activities are initially controlled through the implementation of sediment and erosion control fencing, followed by rehabilitation of exposed areas includes the use of endemic grass species and localised topsoil.
60302473 Appendix K 4 AECOM
Reference Requirement Evidence Audit Finding Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) 7.3.2 Water Monitoring Program West Wallsend Colliery has one licensed discharge point, EPA Identification Point 2 (Drain A) (Figure 3.1). Condition L4.1 of the Environment Protection Licence specifies This has now been superseded by the 7.3.2 Not Triggered that the volume discharged through EPA Point 2 must not exceed 4000 kilolitres per conditions in EPL 1360. day.
The quality of water discharged through EPA Point 2 is monitored on a monthly basis During the site visit, auditors viewed at intervals of not less than four weeks, in accordance with the Environmental 7.3.2 EPL 1360 records to confirm that this Complies Protection Licence requirements. These samples are analysed by a contract monitoring is undertaken accordingly. laboratory. 7.5 CONTAMINATED POLLUTED LAND
During the site visit, auditors viewed the pit-top area to be maintained in a clean and tidy condition. Safety Data Sheets for hazardous chemicals, Activities and facilities at the site to manage the incidence of land contamination inside and outside appropriate spill include: kits, and the pollution incident Where sediment dams are cleaned out, appropriate transportation of slurry through response management plan were the utilisation of double-grain locks to prevent tailgates from being forced open; available at various locations across Manageable slurry loads; 7.5 the site. Waste contractor JR Complies Immediate clean up practices in regard to spills; Richards has undertaken hazardous Bunds surrounding storage and handling areas of hazardous materials; materials and spill response training The proper training of staff in the handling of hazardous materials; with WWC staff. Bunds and drains The proper training of staff in the use of spill kits; and were observed at hazardous material The availability of spill kits. locations by auditors during the site inspection. Auditors viewed copies of monthly inspection reports that are undertaken of the pit-top area to ensure that these measures are being followed. 7.8 WEEDS
Weed management at WWC is undertaken according to the Weed Areas showing evidence of weed growth, including the surface yard, compressor Action Plan 2012. Interviews with sheds, gaswells, switch yard and No. 3 ventilation shaft are targeted as part of West WWC environment personnel during Wallsend Colliery's weed control program. The program is generally undertaken on 7.8 the audit confirmed that weed Complies an annual basis or as determined by the Environmental Scientist, who reports on the management procedures are largely level of weed infestation as part of the monthly environmental inspection program for done by hand. These activities are the site. reported on in Section 3.8 of the Annual Review 2012.
Weed management at WWC is undertaken according to the Weed Action Plan 2012. Interviews with All weed spraying activities are conducted in accordance with OCAL's Pesticides WWC environment personnel during Procedure, which provides for the proper handling and application of pesticides on 7.8 the audit confirmed that weed Complies OCAL land so as to minimise potential harm to personnel and the environmental, as management procedures are largely well as comply with relevant legislation (e.g. Pesticides Act 1999 ). done by hand. These activities are reported on in Section 3.8 of the Annual Review 2012.
7.12 ABORIGINAL HERITAGE This is undertaken as per the Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012). An As outlined in Section 1.7, National Parks and Wildlife Service and the relevant overarching agreement has been 7.12 Aboriginal groups will be consulted regarding any potential impacts and proposed Complies entered into between WWC and mitigation strategies relating to Archaeological sites. National Parks and Wildlife (of OEH) relating to subsidence management works in the Sugarloaf State Conservation Area. 7.14 SPONTANEOUS COMBUSTION The use of the "U" ventilation system in the mining area minimises any pressure Operations at WWC continue to be 7.14 Complies gradient or ventilation through the goaf. Ventilation bleed returns are not used. undertaken in this manner. A tube bundle system provides continuous gas monitoring of the operating longwall Operations at WWC continue to be 7.14 return. Alarm levels are set to indicate an abnormal condition. In addition, air bladder Complies undertaken in this manner. samples are taken and analysed independently on a weekly basis to verify results.
60302473 Appendix K 5 AECOM
Reference Requirement Evidence Audit Finding Mining Operations Plan 2003 - 2009 West Wallsend Colliery (Xstrata Coal, September 2003) 7.15 BUSHFIRE
A Bushfire Management Plan has been developed in accordance with Lake The OCAL Bushfire Management Macquarie District Bushfire Management Committee requirements for all of OCAL Plan (EcoLogical, 2012) has been 7.15 surface holdings. Bushfire control measures such as the maintenance of “fuel reduce prepared to assist in this response. Complies zones” and “fuel free zones” will be undertaken in accordance with this plan for the Auditors viewed water cannons onsite surface land occupied by West Wallsend Colliery. during site inspection.
7.16 MINE SUBSIDENCE OCAL has established an extensive monitoring network and undertakes regular This is undertaken as per the subsidence surveys to assess the surface of its mining and to provide subsidence Subsidence Monitoring Program parameters for consideration in future mine planning. There is also an established Complies West Wallsend Colliery (Xstrata Coal, community complaints system in place whereby West Wallsend Colliery can respond March 2013). 7.16 and ameliorate subsidence impacts. Monitoring program are established in consultation with the owner of the structure and This is undertaken as per the the DMR. Monitoring may involve measuring of level, tilt and strain on appropriately Subsidence Monitoring Program placed survey stations as well as visual and photographic records. The Mine Complies West Wallsend Colliery (Xstrata Coal, Subsidence Board carries out additional monitoring of residential dwellings that are March 2013). 7.16 likely to be affected.
Samples of quarterly and fortnightly Results of all subsidence surveys are provided on a regular basis to the Principle subsidence reports provided to Complies Subsidence Engineer of the DMR. stakeholders were viewed by the auditor during the site visit. 7.16 As part of the Section 138 application and approval process, pre-mining environmental assessments will be conducted over the surface area to be undermined, including: This has not been required during the 7.16 Not Triggered • Surface hydrology and creek morphology; audit period. • Flora and fauna adjacent to creek systems; and • Aboriginal and historic heritage.
As a result of the pre-mining environmental assessments, subsidence monitoring will This has not been required during the 7.16 be tailored to quantify any potential impacts to creek lines and strategies will be Not Triggered audit period. developed for surface remediation works in the event subsidence impacts occur.
7.17 HYDROCARBON CONTAMINATION
Management of hydrocarbons on site aims to avoid any hydrocarbon contamination of Waste contractor JR Richards has the area. Details regarding hydrocarbon containment and disposal are outlined in undertaken hazardous materials and 7.17 Complies Section 3.6.3 and 3.6.4. Generally, the management of hydrocarbons at West spill response training with WWC Wallsend Colliery to minimise the potential for contamination include the following: staff. Oily water separator system was Surface personnel have been informed via toolbox talks of the process required for viewed by the auditors during the site empty oil drum management; inspection.
An authorised waste contractor is used to remove hydrocarbon waste from the site in Auditors viewed copies of monthly accordance with the EPA's waste guidelines; inspection reports that are undertaken The installation of an oily water separator at the workshop washdown bay; of the pit-top area to ensure that these The use of oil booms to collect and contain oil where appropriate; measures are being followed.
Daily inspections of dams; Bunds and drains were observed at Monthly inspection of washdown areas; hazardous material locations by Hydrocarbons and hazardous substances are stored in bunded areas only; auditors during the site inspection. The liquid store area is roofed, bunded and internally drains to a blind sump to This liquid storage system was contain any spillages; viewed by the auditors during the site Procedures for hazardous substance handling; and visit. Regular inspections are carried out. 7.18 METHANE DRAINAGE/VENTILATION
In terms of risk management, methane emissions are recorded in accordance with the CMR Act 1999 and reported to the Mine Manager on a monthly basis. The system is Operations at WWC continue to be 7.18 Complies alarmed and linked to the Mine Safety Management Plan. Volumes of methane vented undertaken in this manner. are being recorded and data is being collected for the purpose of public reporting.
7.19 PUBLIC SAFETY
There is a 24-hour security system (Chubb) including alarms installed in buildings at West Wallsend Colliery. West Wallsend Colliery has developed a Mine Safety and Operations at WWC continue to be 7.19 Management Plan that outlines mine safety issues and how to manage them. In Complies undertaken in this manner. addition, all persons required to sign in and out when they enter and leave the site respectively. All visitors are to be accompanied by an official of the mine.
7.20.1 Feral Animal Control There is no obvious need for feral animal control measures to be implemented at the site. However, in the event that feral animal populations pose a threat to the safety of This has not been required during the 7.20.1 Not Triggered the operation or to the ongoing sustainability of rehabilitation works, control measures audit period. will be investigated at that time.
60302473 Appendix K 6 AECOM Independent Environmental Audit
Appendix L
Audit Protocol: Draft Rehabilitation and Environmental Management Plan West Wallsend Colliery (Xstrata Coal, January 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit L-1
Appendix L Audit Protocol: Draft Rehabilitation and Environmental Management Plan West Wallsend Colliery (Xstrata Coal, January 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 2.1.3 Coal Quality Drilling Activities Site auditors also viewed copies of pre- clearance documentation. Arch GIS Prior to the commencement of any coal quality drilling activities undertaken outside the SSCA, due 2.1.3 mapping is also used to identify and avoid Complies diligence assessments will be undertaken to determine the potential environmental impacts. if possible any relevant biodiversity constraints. Only minimal vegetation clearing has been Following the completion of exploration activities, boreholes will be decommissioned in accordance undertaken at WWC during the audit with DRE requirements (e.g. EDG01 - Borehole Sealing Requirements on Land). All disturbed areas period for exploration activities. No 2.1.3 Complies including access tracks, drill pads and survey lines will be rehabilitated in accordance with site significant biodiversity remediation procedures. measures have been required during the audit period. 2.1.4 Mining Method and Resource Description Underground mining at WWC will be undertaken in the continued underground mining area (refer to Operations at WWC continue to be 2.1.4 Complies Figure 1.1). undertaken in this manner. 3.0 Environmental Management Environmental management at WWC is undertaken in accordance with the OCAL Environmental Management System (EMS) and the WWC Environmental Management Plan (EMP). Documents While auditing WWC's compliance with its such as management plans and procedures contained within the WWC EMP are regularly reviewed various management plans, these review 3 Complies and updated in accordance with regulatory requirements, changes in operations or as required by requirements were generally found to have review of the WWC Environment and Community Operational Risk Assessment. New management been met during the audit period. plans and procedures are developed for the operation as required. 3.1 Air Quality Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being The key management controls undertaken at WWC in order to minimise the dust emissions from 3.1 trialled on hardstand and unsealed access Complies the site include: roads, that weekly sweeping of paved store areas and haul loop are undertaken, and that dust flaps are situated on the ROM bin. During the site visit, auditors also found The use of manually-operated water sprays for unpaved areas and paved ring road at the WWC pit- the site to be maintained in a clean and top, used by trucks transporting coal to MCPP via the private haul road; tidy manner. Auditors also viewed monthly site inspection records confirming how the site Periodic sweeping of the haul road and other paved areas including the car park area to reduce road is maintained. Camera network for onsite surface silt loadings. dust emissions was also sighted by the auditors during the site visit. No exceedances of depositional dust Use of loading flaps during truck loading at the surface bin to restrict dust; and criteria were recorded during the audit period. Full or partial enclosure of surface coal conveyors. An air quality monitoring network for all OCAL sites is currently in operation. The results obtained This information is contained in Section 3.1 from the locations specific to WWC will be reported in the WWC Annual Review, in accordance with Complies 3.2 of the Annual Review 2012. Condition 4 of Schedule 6 of the Project Approval. 3.2 Water Quality Water quality at WWC is managed through two management plans as required by the Project Operations at WWC continue to be 3.2 Approval. The two plans are the WWC Water Management Plan (WMP) and the WWC Surface Complies undertaken in this manner. Water Management Plan (SWMP). 3.2.1 Surface Water On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed from the WWC is required to comply with discharge limits for both quality and quantity from the WWC pit-top Bottom Dam and the North East Dam. In 3.2.1 area as described in EPL 1360. Discharge limits apply to the WWC pit-top area through discharge Not Compliant contravention of Condition L2.2 on 28 of surface water via EPA Point 2 at Burkes Creek. March 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act. To prevent inundation of the WWC underground workings, water is pumped to a large goaf area underground which provides for the effective settlement of particles. Water is then pumped to the Operations at WWC continue to be 3.2.1 surface via the Longwall 11 borehole facility. Presently, mine water that is pumped to the surface is Complies undertaken in this manner. piped to Westside Mine, where it is discharged to Cockle Creek via the Westside EPL. This situation is proposed to continue for the REMP term. The majority of surface water generated at the WWC pit-top is diverted into the sediment control Operations at WWC continue to be 3.2.1 dams (refer to Figure 3.1) for treatment, prior to being discharged via EPA Point 2. EPA Point 2 is Complies undertaken in this manner. shown on Figure 3.1.
In addition to these components, water is also managed via an existing separate water management Operations at WWC continue to be 3.2.1 Complies system at the No. 3 Vent Shaft site (refer to Figure 3.2). undertaken in this manner.
60302473 Appendix L 1 AECOM
Reference Requirement Evidence Audit Finding Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 2.1.3 Coal Quality Drilling Activities Surface water at the WWC pit-top area and the No.3 Vent Shaft/Ballast Borehole site will continue Operations at WWC continue to be 3.2.1 Complies to be managed through the existing water management infrastructure. undertaken in this manner.
In accordance with the WWCCOP EA, during the construction of the MSF, all works and erosion and sediment controls will be inspected on a regular basis to ensure that all required controls are in Construction of the MSF did not 3.2.1 Not Triggered place and effective. Following the completion of construction works, the work area will be inspected commence during the audit period. in accordance with the WWC's current inspection program. 3.2.2 Groundwater During 2012 WWC extracted and discharged 1213.4 ML of groundwater from LW11 borehole, in excess of the In the unlikely event that the WWC operations result in impact on groundwater aquifers in the current groundwater licence 20BL169793 3.2.2 region, the WWC WMP provides Trigger Action Response Plans (TARPs) to respond to identified limit of 360 ML per annum, and in Complies potential groundwater impact sections. exceedance of the proposed variation to that annual limit of 1000 ML. As reported in Section 3.4.2 of the Annual Review 2012, this triggered the TARP. 3.2.3 Erosion and Sedimentation All runoff from disturbed areas at the WWC pit-top area is collected and treated within the water management system (refer to Figure 3.1). Runoff from the coal stockpiles at WWC is directed into sediment basins/sumps before flowing into the mine water management system for further Operations at WWC continue to be 3.2.3 Complies treatment by flocculation prior to discharge. The sediment sumps and sumps are cleaned out undertaken in this manner. regularly to maintain sufficient capacity in the event of a storm. This system is managed through inspections.
Interviews with WWC environment personnel confirmed that this is the process that is undertaken. An erosion During the REMP term, where ground disturbance is necessary at the WWC surface facilities, and sediment control plan is required for appropriate soil erosion and sedimentation controls will be implemented and maintained in any surface disturbance works. WWC 3.2.3 Complies accordance with the OCAL Clearance for Work process. The process is required to be undertaken Environment and Community Manager prior to any ground disturbance works by or on behalf of OCAL operations. and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
An erosion and sediment control plan is required for any surface disturbance The process provides for the assessment of impacts of proposed activities and details the necessary works. Site auditors also viewed copies of controls for the works. Any erosion and sediment controls implemented for works at WWC surface 3.2.3 pre-clearance documentation. Arch GIS Complies facilities will be maintained until the area is rehabilitated and deemed to no longer be required mapping is also used to identify and avoid through inspections of the works area. if possible any relevant biodiversity constraints.
As outlined in the WMC WMP, remediation works will be undertaken to rehabilitate the impact of This has not been required during the audit 3.2.3 secondary workings on specific streams in the continued underground mining area, this may take Not Triggered period. the form of specific erosion and sediment control measures within streams. 3.3 Contaminated Land During the site visit, auditors viewed the pit- top area to be maintained in a clean and tidy condition. Safety Data Sheets for hazardous chemicals, inside and outside 3.3 The potential for land contamination to occur at WWC is minimised through: Complies appropriate spill kits, and the pollution incident response management plan were available at various locations across the site. Waste contractor JR Richards has The appropriate handling of materials; undertaken hazardous materials and spill response training with WWC staff. Immediate clean-up of spills; Bunds and drains were observed at Bunds surrounding storage and handling areas for hazardous materials; hazardous material locations by auditors during the site inspection. Auditors viewed copies of monthly inspection reports that are undertaken of Regular environmental inspections; the pit-top area to ensure that these measures are being followed. Training of staff in the handling and management of hazardous materials; and Training of staff in emergency spill response. 3.5 Ecology
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre-clearance documentation. Works to be undertaken within buffer land owned by WWC will be managed in accordance with the Arch GIS mapping is also used to identify 3.5 OCAL Biodiversity and Land Management Plan. Works undertaken within these areas will be and avoid if possible any relevant Complies subject to the Clearance for Work process, where required (refer to Section 3.2.3). biodiversity constraints. An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
The WWC BMP provides for the management of potential impacts of mining on aquatic and This is undertaken as per the Biodiversity 3.5 terrestrial flora and fauna, with particular focus on threatened species. The BMP provides specific Management Plan West Wallsend Colliery Complies controls for any works to be undertaken in the continued underground mining area, including: (Xstrata Coal, March 2013) Completion of the OCAL Clearance for Work process prior to any works that require ground disturbance or vegetation clearance; Completion of due diligence assessments for the clearing of previously undisturbed vegetation; Implementation of a tree felling procedure prior to the clearance of any woody vegetation; and Undertaking subsidence remediation and stream remediation works in a manner that minimises impacts on flora in accordance with requirements of the BMP. Works for the proposed MSF will be undertaken in a previously disturbed area which is currently Construction of the MSF did not 3.5 Not Triggered dominated by weed species, in particular lantana. commence during the audit period.
60302473 Appendix L 2 AECOM
Reference Requirement Evidence Audit Finding Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 3.5.12.1.3 CoalFlora Quality Drilling Activities This has occurred, as reported in Section 3.6 of the Annual Review 2012. During 2012, monitoring of Site 7 above LW37 An extensive ecological monitoring program has been developed at WWC and will be updated as was discontinued. The Site had been 3.5.1 mining progresses. The monitoring program allows for at least two years of monitoring pre and post monitored for two years post mining and Complies mining to identify any potential impacts to ecological features as a result of subsidence impacts. no impacts were identified. Due to the progression of longwall mining, three new biodiversity monitoring sites (Sites 17, and 19) were installed during 2012. 3.5.2 Fauna Potential impacts on threatened fauna species will be managed in accordance with the WWC This is managed as per the Biodiversity 3.5.2 Extraction Plan and the BMP for the continued underground mining area. Works undertaken at Management Plan West Wallsend Colliery Complies WWC surface facilities will also be undertaken in accordance with the WWC BMP. (Xstrata Coal, March 2013) 3.6 Weeds and Pests Weed management at WWC is undertaken according to the Weed Action Weed and pest management works undertaken at WWC surface facilities will be undertaken in Plan 2012. Interviews with WWC accordance with the OCAL Biodiversity and Land Management Plan. This includes regular environment personnel during the audit 3.6 Complies inspections for weed infestations and feral animals, and targeted weed control works by confirmed that weed management experienced personnel. procedures are largely done by hand. These activities are reported on in Section 3.8 of the Annual Review 2012. Weed management at WWC is undertaken according to the Weed Action Plan 2012. Interviews with WWC The presence of introduced species within rehabilitated areas (e.g. exploration drilling sites) within environment personnel during the audit 3.6 the continued underground mining area will be monitored. If required, WWC will undertake weed Complies confirmed that weed management control works in these areas in consultation with OEH. procedures are largely done by hand. These activities are reported on in Section 3.8 of the Annual Review 2012. 3.7 Blasting When required, minor blasting is carried out underground at the longwall face to fracture rock and This has not been required during the audit 3.7 allow for the progression of mining activities. There is no surface blasting required to be undertaken Not Triggered period. during the REMP term. 3.8 Noise Management Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and unsealed access roads, that weekly sweeping of paved WMC has employed and will continue to employ, various management measures to mitigate noise store areas and haul loop are undertaken, impacts from its operation. These include the coal loading bin, which maintains a coal plug in the and that dust flaps are situated on the 3.8 base of the bin which prevents coal from hitting the sides of the bin, thereby reducing noise. In Complies ROM bin. During the site visit, auditors addition, noise mitigation measures such as baffles have been installed on the ventilation also found the site to be maintained in a infrastructure. clean and tidy manner. Auditors also viewed monthly site inspection records confirming how the site is maintained. Camera network for onsite dust emissions was also sighted by the auditors during the site visit. Under the Project Approval and in accordance with the NMP, noise will be monitored quarterly, with Construction of the MSF did not 3.8 Not Triggered results reported in the WMC Annual Review. commence during the audit period. These works were completed in Additionally, WWC has committed to undertaking further noise reduction measures to achieve an December 2012, and the 10 dB(A) operational noise reduction of 10dB(A) at the coal breaker. These works are scheduled to be reduction was achieved (West Wallsend 3.8 Complies undertaken during late 2012. Details regarding these works will be reported in the WWC Annual Colliery Noise Compliance Report: Review. Bradford Breaker (Global Acoustics, April 2013)). 3.9 Visual and Lighting A tree screen planting was planted during 2006 along the heavy vehicle entrance to WWC. Tree This was observed by the auditors during 3.9 Complies screening will be maintained for the life of the project. the site inspection. 3.13 Bushfire The OCAL Bushfire Management Plan (EcoLogical, 2012) has been prepared to OCAL is currently in the process of developing a Bushfire Management Plan for its entire 3.13 assist in this response. Auditors viewed Complies landholdings in consultation with the NSW Rural Fire Service. water cannons onsite during site inspection. 3.14 Mine Subsidence The End of Panel Report for LW40 was sighted by the auditor, as well as the End The results of subsidence monitoring and remediation will be provided in future WWC Annual of Panel Report for LW41 which is 3.14 Complies Reviews and End of Panel Reports. currently in progress. This information is contained in Section 3.13 of the Annual Review 2012. 3.15.1.1 Sewage Treatment and Disposal Sewage and bathhouse wastewater generated at WWC is treated on-site through the biological Operations at WWC continue to be 3.15.1.1 Sewage Treatment Plant (STP). Treated effluent is pumped approximately 3.2 kilometres via a Complies undertaken in this manner. dedicated pipeline to the maturation ponds at the MCPP and subsequently used as process water. 3.15.1.2 Fuel Containment The bulk diesel storage facility has a maximum storage capacity of 55,000 litres and is bunded. The Operations at WWC continue to be 3.15.1.2 bulk facility transfers diesel via a pipeline to a smaller storage tank located in the underground Complies undertaken in this manner. workings approximately 180 metres below the surface. 3.15.1.3 Oil and Grease Containment and Disposal All oils, greases and detergents stored on-site are contained within bunded, covered concrete areas. Bunds and drains were observed at There are approximately 10,000 litres of oils and greases stored on the site at any one time. There hazardous material locations by auditors are approximately 10,000 litres of oils and greases stored on the site at any one time. The workshop during the site inspection. Waste 3.15.1.3 Complies wash down area is located so that wash down water drains through an oil containment pit, which is contractor JR Richards has undertaken served by an oil/water separator. The waste oil captured by the oil/water separator is collected by a hazardous materials and spill response licensed waste contractor for recycling on a regular basis. training with WWC staff. During the site visit, auditors viewed these waste management systems. Waste The waste management program at WWC involves the collection and disposal of waste oil, waste contractor JR Richards provides a coolant, oil drums, oil filters, and oily rags. A licensed waste contractor is engaged to dispose of 3.15.1.3 specialist to check each week to confirm Complies wastes in accordance with the waste provisions of the Protection of the Environment Operations Act that wastes are being disposed, stored 1997 (POEO Act) and the Protection of the Environment Operations (Waste) Regulation 2005. and managed appropriately onsite at WWC.
60302473 Appendix L 3 AECOM
Reference Requirement Evidence Audit Finding Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 3.15.1.42.1.3 Coal Waste Quality Disposal Drilling Activities During the site visit, auditors viewed these waste bins. Waste contractor JR Richards Waste is placed in general waste bins located around the surface of the mine, which are collected provides a specialist to check each week 3.15.1.4 on a regular basis by a licensed waste contractor. Waste recycling on-site includes, but is not Complies to confirm that wastes are being disposed, limited to, the collection of scrap steel, paper and cardboard, timber, used oil and used batteries. stored and managed appropriately onsite at WWC. 3.15.2 Public Safety This is undertaken as per the Longwall 41 Extraction and Subsidence Management Plan West Wallsend Colliery (Xstrata Coal, July 2012), the Longwall 44 and 45 Extraction Plan and Subsidence WWC is committed to undertaking its operations in a manner which minimises the risks to the 3.15.2 Management Plan West Wallsend Colliery Complies public. Safety management actions undertaken include: (Xstrata Coal, March 2013) and the accompanying sub-management plans such as the Public Safety Management Plan West Wallsend Colliery (Xstrata Coal, March 2013). Development of management plans for each piece of infrastructure potentially impacted by subsidence from WWC mining activities; Regular monitoring and inspections in accordance with the WWC Public Safety Management Plan; 24 hour monitoring during undermining of the Great North Walk; and Security fencing around operational areas. WWC has developed a safety management system that outlines mine safety issues and how they are managed. In addition, all visitors and contractors are required to sign in and out when they enter This safety induction system was viewed 3.15.2 Complies and leave the site retrospectively, all contractors are required to be inducted to work at the site and by the auditors during the site visit. all underground visitors are to be accompanied by a mine representative. 3.15.3 Traffic Management Prior to the commencement of construction works at the approved MSF location, a Traffic Management Plan will be prepared and submitted in accordance with Condition 23 of Schedule 4 of Construction of the MSF did not 3.15.3 the Project Approval. The Traffic Management Plan will focus on traffic management along Not Triggered commence during the audit period. Wakefield Road to minimise potential risks associated with the intersection of Wakefield Road and the MSF access road. 4.1 Post-Mining Land Use The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility constraints In accordance with XCN SD ANN 10.1 Mine Closure (XCN Mine Closure Annexure), a Pre- and opportunities analysis review has also 4.1 Feasibility Constraints and Opportunities Analysis for Mine Closure is currently being prepared for Complies been drafted for WWC closure. Once this the OCAL complex to identify potential final land use options for the OCAL land holdings. analysis is completed, it will indicate what final land use options are available post- closure. The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to The outcomes of this study will identify a number of feasible final land use options for the site and be reviewed. A pre-feasibility constraints assist with the development of detailed completion criteria for the rehabilitation program. Further and opportunities analysis review has also 4.1 Complies details regarding the outcomes of this study will be incorporated into the detailed closure planning been drafted for WWC closure. Once this process and future WWC Annual Reviews. analysis is completed, it will indicate what final land use options are available post- closure. 4.2.1 Project Approval Rehabilitation Conditions WWC is required to rehabilitate the site to the satisfaction of the Executive Director - Mineral Resources in accordance with Condition 27 of Schedule 4 of the Project Approval. In accordance with Condition 27 of Schedule 4 of the Project Approval, rehabilitation is required to be consistent This has not been required during the audit 4.2.1 Not Triggered with the objectives outlined in Section 4.3.1. Under Condition 28 of Schedule 4, WWC are also period. required to carry out rehabilitation of the site progressively as soon as reasonably practicable following disturbance. 4.2.2 DRE Guidelines The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to The DRE has several guidelines and policies relevant to mine closure available on their website. be reviewed. A pre-feasibility constraints These documents will be consulted during the preparation of the detailed closure plan and and opportunities analysis review has also 4.2.2 Complies Decommissioning REMP which will be submitted to DRE for approval prior to the commencement of been drafted for WWC closure. Once this closure activities. analysis is completed, it will indicate what final land use options are available post- closure. 4.2.3 Environmental Protection Licence The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to It is likely that the OEH will require that environmental monitoring be continued during active be reviewed. A pre-feasibility constraints decommissioning works and potentially as part of post mine closure until the site is fully and opportunities analysis review has also 4.2.3 Complies decommissioned and rehabilitated. The exact scope of ongoing monitoring will be confirmed with been drafted for WWC closure. Once this the OEH as part of the development of the detailed mine closure plan. analysis is completed, it will indicate what final land use options are available post- closure. 4.3.1 Rehabilitation Objectives The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to Additional detail regarding progression of works to achieve the objectives provided in Table 4.1 will be reviewed. A pre-feasibility constraints be included within the detailed closure planning process which commenced for the operation as of and opportunities analysis review has also 4.3.1 Complies the beginning of 2012. Detailed closure information will be included within a future been drafted for WWC closure. Once this Decommissioning and Closure REMP which will be prepared prior to closure. analysis is completed, it will indicate what final land use options are available post- closure. WWC has commenced the process of identifying the most appropriate land uses through the Pre- Feasibility Constraints and Opportunities Analysis. The outcomes of this analysis will be reported in This has not been required during the audit 4.3.1 Not Triggered the WWC Annual Review and will be incorporated into further detailed mine closure planning period. activities. Following the cessation of mining activities, the land above the continued underground mining area This has not been required during the audit 4.3.1 Not Triggered will remain as the SSCA. period. 4.3.2 Planned Mine Closure Domains It is expected that as part of the mine closure process some minor rehabilitation may be required to During the site visit, auditors viewed be undertaken on the surface to remediate potential subsidence cracking and associated impacts in photographic evidence and in-field 4.3.2 Complies the continued underground mining area. However, subsidence remediation works will be undertaken evidence of grouting remediation works to progressively throughout the life of WWC. manage subsidence impacts. 4.3.3 Preliminary Closure and Rehabilitation Criteria The West Wallsend Colliery Conceptual Closure Plan (Umwelt, 2008) continues to be reviewed. A pre-feasibility constraints Completion criteria, determined in consultation with the relevant agencies, will be utilised to and opportunities analysis review has also 4.3.3 demonstrate achievement of rehabilitation objectives. The achievement of the completion criteria will Complies been drafted for WWC closure. Once this be monitored and reported within relevant internal and external reports including the Annual Review. analysis is completed, it will indicate what final land use options are available post- closure. The preliminary closure and rehabilitation criteria developed for WWC are outlined in Table 4.2. This has not been required during the audit 4.3.3 Not Triggered Refinement of closure criteria will be undertaken during the detailed mine closure planning process. period.
60302473 Appendix L 4 AECOM
Reference Requirement Evidence Audit Finding Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 4.42.1.3 Rehabilitation Coal Quality ActivitiesDrilling Activities As WWC has approval to operate until December 2021, it is unlikely that decommissioning and rehabilitation of surface facilities will be undertaken during the REMP term. Prior to closure, further This has not been required during the audit 4.4 Not Triggered information regarding rehabilitation and revegetation monitoring of areas proposed for period. decommissioning will be provided within a Decommissioning and Closure REMP. Prior to closure, further information regarding rehabilitation and revegetation monitoring of areas This has not been required during the audit 4.4 Not Triggered proposed for decommissioning will be provided within a Decommissioning and Closure REMP. period. The majority of WWC land to be rehabilitated is currently being utilised as operational areas, which This was noted, however the audit did not 4.4 will be rehabilitated upon closure of WWC (for a list of surface facilities for WWC, refer to Section Not Triggered require a finding to be made on this point. 1.3). Minor rehabilitation activities will be undertaken to remediate subsidence cracks, coal quality drill During the site visit, auditors viewed sites and any other disturbance activities as soon as practicable. This process will continue for the photographic evidence and in-field 4.4 REMP term, and will be undertaken in accordance with the requirements of the WWC Extraction Complies evidence of grouting remediation works to Plan and its sub-plans (refer to the Section 3.14) for works within the continued underground mining manage subsidence impacts. area. Only minimal vegetation clearing has been Rehabilitation at a number of coal quality drill sites will be undertaken in accordance with WWC undertaken at WWC during the audit procedures and DRE guidelines for borehole sealing on land. Rehabilitation works will also be period for exploration activities. No 4.4 undertaken in accordance with the relevant OEH access licence agreement, for works undertaken Complies significant biodiversity remediation within the SSCA. Rehabilitation of drill sites involves the filling in of excavated sumps, spreading of measures have been required during the cleared vegetation around the site and seeding with native tree species. audit period. Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre-clearance documentation. Disturbance works undertaken within surface facilities sites will be undertaken in accordance with Arch GIS mapping is also used to identify 4.4 the relevant management plans for works in these areas (including the OCAL Biodiversity and Land and avoid if possible any relevant Complies Management Plan) and the OCAL Clearance for Work procedure. biodiversity constraints. An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
Final Rehabilitation outcomes and the strategies to achieve them, as well as the decommissioning This has not been required during the audit 4.4 plans and schedule for infrastructure, have been developed conceptually as part of the Conceptual Not Triggered period. Closure Plan and will be further detailed within the Decommissioning and Closure REMP.
4.4.1 Scope of Mine Closure Decommissioning Works Site Services Electricity services to the underground mine will be removed upon completion of mine sealing at which time the Vent Fans are no longer required. Power to the buildings, including power lines, will This has not been required during the audit 4.4.1 Not Triggered be removed prior to demolition. Depending upon the outcomes of the final land use study, electricity period. supply may be retained to the site to support the proposed post mining land use option. It is envisaged that the 11 kilovolt (kV) powerline to the No. 3 Vent Fan site will be removed as part of the decommissioning of this site; however this will be confirmed as part of the final land use This has not been required during the audit 4.4.1 Not Triggered analysis. The same situation exists for the MSF, with the proposed powerline to be removed unless period. otherwise required. Buildings and Fixed Plant All buildings and fixed plan (including conveyors, transfer stations, breaker bins, etc.) will be demolished and removed from the site. Where appropriate, the materials recovered in the demolition will be sold for re-use or recycled. All concrete footings and pads will be broken up and This has not been required during the audit 4.4.1 Not Triggered removed and used for filling ventilation shafts, or at other locations deemed appropriate on the period. WWC site. These locations will be determined based on the final land use and will be selected in consultation with the appropriate government agencies (e.g. DRE). Provided that it does not pose a constraint to the proposed final land use, there may be circumstances where structures such as footings, underground water pipelines and disconnected power cables may be left in situ. Such circumstances may include where it is not practical to retrieve This has not been required during the audit 4.4.1 Not Triggered the structures or where their removal may lead to environmental damage (e.g. erosion or loss of period. vegetation through clearing). In such circumstances, the location of these remaining structures will be surveyed and recorded on a plan. Roadways, Car Parks and Rail Lines If not required by the post mining land use, the bitumen roadways, car parks and hardstand areas around the administration building, stores area and workshop will be ripped up with the waste material being placed in the drift and shafts and buried. Bitumen will be broken up and removed This has not been required during the audit 4.4.1 Not Triggered from the waste material being buried at locations deemed appropriate on the WWC site. These period. locations will be determined based on the final land use and will be selected in consultation the appropriate government agencies (e.g. DRE).
The railway lines on the pit-top area around the store and workshop will be ripped up where This has not been required during the audit 4.4.1 Not Triggered appropriate and will be sold for re-use, recycled or disposed of an authorised waste facility. period. Salvage and Removal of Mine Equipment The decision to salvage selected machinery and equipment will be made based on the outcome of This has not been required during the audit 4.4.1 an environmental and safety risk assessment and will be undertaken in consultation with the Not Triggered period. relevant stakeholders.
Plant and equipment that is salvaged from the mine will be cleaned and temporarily stored at the pit- top prior to removal off site. Prior to storage, all equipment and machinery will be inspected for any This has not been required during the audit 4.4.1 Not Triggered actual or potential hydrocarbon or fluid leakages, which will be appropriately contained and treated. period. Regular inspections will continue whilst the machinery/equipment is stored on site. Hazardous Materials Management Leading up to the cessation of mining activities, hydrocarbon stocks will be depleted and additional stocks only ordered as required. Upon cessation of operations, all remaining hydrocarbons stored in This has not been required during the audit 4.4.1 tanks such as diesel, lubricants and soluble oil will be drained and either utilised or disposed of via Not Triggered period. an authorised contractor. The storage tanks will be removed and depending on their conditions either sold or disposed of appropriately.
In the lead up to the cessation of mining activities, stocks of dangerous goods on-site will be depleted, with new stock being purchased only as required. It is envisaged that the majority of This has not been required during the audit 4.4.1 Not Triggered dangerous goods remaining on-site will include gas bottles and cleaning agents, which will be period. utilised during decommissioning activities or disposed of off-site via an authorised waste contractor.
Sewage Treatment Infrastructure Following the demolition of all surface buildings, the on-site sewage treatment system will be This has not been required during the audit 4.4.1 Not Triggered decommissioned. The decommissioning of the system will involve the following: period. The removal and disposal of sewage sludge from the tanks by a licensed waste contractor; The removal of the aeration tanks for either off-site disposal at an authorised landfill or depending on their condition, for re-use at another site; and At least partial removal of the buried effluent pipeline from WWC to the MCPP. It is envisaged that the pipeline will be removed in areas where it may be exposed or where there may be a risk to future exposure as a result of erosion (e.g. creek crossings). Sections of the pipeline may be left where their removal would cause more environmental This has not been required during the audit 4.4.1 Not Triggered disturbance than leaving them in place. period.
60302473 Appendix L 5 AECOM
Reference Requirement Evidence Audit Finding Draft Rehabilitation and Environmental Management Plan (REMP) West Wallsend Colliery (Xstrata Coal, January 2013) 2.1.3Water Coal Management Quality Drilling Infrastructure Activities The final design of the water management system will be dependent upon the outcomes of the final land use study and will be detailed in the closure and decommissioning REMP. However, depending This has not been required during the audit 4.4.1 Not Triggered on the chosen final land use, issues that will need to be considered as part of future water period. management system may include: The removal of the oily water treatment system following the demolition of the workshop and associated facilities; Removal of excess sediment from the pit-top dams for future use by the subsequent land owner or alternatively filling and shaping of the dams if they are no longer required; Where dams are to be retained, provide that drainage structures are designed to capture runoff from sufficient catchment area so that the dam can be utilised for its intended use; and The installation of sediment and erosion control measures for areas where drainage bypasses the surface dams and is discharged off site. ROM Coal Stockpile Area The carbonaceous material (coal) on the base of the emergency ROM pad and emergency storage This has not been required during the audit 4.4.1 area will be stripped and removed. Once this has been completed, the area will be suitably capped Not Triggered period. with inert material in consultation with DRE prior to being rehabilitated. Removal of Carbonaceous/Contaminated Material Excess coal material remaining at closure will be scraped-up and either reprocessed or disposed of This has not been required during the audit 4.4.1 Not Triggered within the MCPP tailings/coarse reject emplacement areas on site. period.
Where potential contamination may have occurred as a result of site activities (e.g. re-fuelling areas, workshops etc.), appropriate investigations will be undertaken to determine the presence and extent This has not been required during the audit 4.4.1 of any contamination. Where it is identified, contaminated material will be either bioremediated on Not Triggered period. site or disposed of offsite at an authorised waste facility. Further investigations involving sampling will be undertaken to validate that contaminated has been remediated to acceptable levels.
Underground Infrastructure One of the key considerations of the closure, decommissioning and rehabilitation of WWC will be This has not been required during the audit 4.4.1 Not Triggered the sealing of shafts, drifts and boreholes which are associated with its mining operations. period. 4.6 Rehabilitation Monitoring and Maintenance For the REMP term, Subsidence crack remediation sites and coal quality borehole sites will be monitored following their rehabilitation in accordance with the relevant WWC procedures at set During the site visit, auditors viewed 4.6 intervals. Channel stability rehabilitation works will be monitored in accordance with the WWC Complies relevant subsidence monitoring records. WMP. The rehabilitation of these areas is monitored to ensure the site is stabilised and to determine the requirement for any further maintenance activity, if necessary.
60302473 Appendix L 6 AECOM Independent Environmental Audit
Appendix M
Audit Protocol: Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit M-1
Appendix M Audit Protocol: Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013) 2.1 Legislation, Standards, Codes and other External Requirements 4.33 Community Consultation and Complaints Site environment and community management issues will be addressed in regular CCC meetings in accordance with Condition 6 of Schedule 6 of the Project Auditors viewed copies of CCC meeting 4.33 Approval. CCC meetings will be conducted generally in accordance with the Complies minutes confirming this. Guidelines for Establishing and Operating Community Consultative Committees for Mining Projects (Department of Planning, 2007, or its latest version). Interviews with environment staff at Specific issues relating to individual landowners and residents will be addressed 4.33 WWC during the site visit confirmed Complies directly by the Environment and Community Manager as required. that this process is undertaken. Complaints relating to the environmental management of WWC are to be managed in accordance with the OCAL Community Complaint and Environmental Incident Interviews with environment staff at Management Procedure (WWC SD PRO 0036). This includes recording the 4.33 WWC during the site visit confirmed Complies complaint on the WWC incident report form, which is to be forwarded to the OCAL that this process is undertaken. Environment and Community Manager to facilitate that corrective actions are implemented as well as circulated to the relevant WWC personnel. Where a community complaint cannot be resolved using the procedure outlined above, the dispute will be resolved in accordance with the independent review This has not been required during the 4.33 Not Triggered process outlined in Schedule 5, Condition 2 of the WWC Project Approval (refer to audit period. Appendix 2). A summary of complaints will be made available to regulatory authorities on request Community Complaints Register is 4.33 Complies and provided in the Annual Review report. maintained on WWC website. Complaints will also be made publicly available on the WWC website in accordance Community Complaints Register is 4.33 Complies with Condition 11 of Schedule 6 of the Project Approval. maintained on WWC website. 4.34 Environmental Incidents Interviews with environment staff at All environmental incidents will be investigated to a level commensurate to their risk 4.34 WWC during the site visit confirmed Complies level in consultation with the OCAL Environment and Community Manager. that this process is undertaken. This information is included in Section 4.34 All environmental incidents will be reported annually in the Annual Review. Complies 4.1.2 of the Annual Review 2012. In accordance with amendments to the POEO legislation, WWC must, within 14 These monthly EPL data summaries 4.34 days of receipt of monitoring data relating to a pollution incident, make the data Complies were viewed on the WWC website. available on the WWC website. 4.35 Non-Compliance and Corrective Actions Interviews with environment staff at 4.35 Following the identified of a non-compliance, the following steps will be undertaken: WWC during the site visit confirmed Complies that this process is undertaken. x Conduct a preliminary review of the nature of the non-compliance, including: - Any relevant monitoring data; and - Current mine activities and land use practices; x Commission an investigation into the non-compliance to confirm cause and effect and consider relevant options for amelioration of potential impacts or prevention of further non-compliances as appropriate; x Prepare an action plan in consultation with the relevant stakeholders; and x Implement additional monitoring as necessary to measure the effectiveness of the controls implemented. 4.4 Independent Review and Land Acquisition In the event a landowner considers WWC to be exceeding the relevant criteria outlined in Schedule 3 of the Project Approval, the independent review process This has not been required during the 4.4 Not Triggered outlined in Conditions 2-3, Schedule 5 of the Project Approval will be followed (refer audit period. to Appendix 2). Additionally, in the unlikely event that WWC receives a written request from a landowner requesting acquisition, the acquisition procedure outlined in Conditions 4- This has not been required during the 4.4 5, Schedule 5 of the Project Approval will be followed (refer to Appendix 2). It should Not Triggered audit period. be noted that there are no specific acquisition criteria outlined in the Project Approval. 5.1 Environmental Management Framework Review In accordance with Condition 5 of Schedule 6, WWC will review, and if necessary On 19 May 2013, after the submission revise, the strategies, plans, and programs required under Project Approval to the of the Annual Review 2012 on 30 April satisfaction of the Director-General, within 3 months of the submission of: 2013, WWC undertook a review of its (a) The submission of an annual review under condition 4 above; management plans as per Condition (b) The submission of an incident report under condition 7 below; 5.1 5(a), Schedule 6 of the Project Complies (c) The submission of an audit report under condition 9 below; and Approval. It was determined that the (d) Any modification to the conditions of this approval (unless the conditions require Environmental Management otherwise), Framework does not require any further the Proponent shall review, and if necessary revise, the strategies, plans, and amendments at this time. programs required under this approval to the satisfaction of the Director-General.
60302473 Appendix M 1 AECOM
Reference Requirement Evidence Audit Finding Environmental Management Framework West Wallsend Colliery (Xstrata Coal, March 2013)
This has occurred during the audit period, as evidence by the West The Environment and Community Manager (or delegate) will review and if Wallsend Colliery 2013 Annual Review necessary, revise this Environmental Management Framework and resubmit to of Environmental Management Plans . DP&I every year or earlier if required. The Environmental Management Framework On 23 March 2013 WWC resubmitted 5.1 will reflect changes in environmental requirements, technology and operational Complies this plan to DP&I and is still awaiting procedures. Updated versions of the approved Environmental Management final approval of the plan from the Framework will be made publicly available on the WWC website Director-General. As such, the plan (http://www.xstratacoalwestwallsend.com.au/) cannot yet be made available on the WWC website. 5.2 Continuous Improvement
As part of the review process, performance criteria will be used to evaluate the This has occurred during the audit performance of WWC against the Project Approval and internal requirements. Any period, as evidence by the West 5.2 Complies opportunities for continuous improvement will be identified and incorporated into the Wallsend Colliery 2013 Annual Review WWC EMP where appropriate. of Environmental Management Plans .
60302473 Appendix M 2 AECOM Independent Environmental Audit
Appendix N
Audit Protocol: Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit N-1
Appendix N Audit Protocol: Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.2 Improvement and Maintenance of Ecological Values For the effective management, maintenance and improvement of ecological values These procedures are reported on in the Annual 4.2 at WWC, the following specific control measures have been implemented for the Complies Review 2012. continued underground mining area: Understanding existing flora and fauna characteristics prior to any new disturbance through the undertaking of baseline studies at feasibility and baseline phases; Rehabilitation of disturbed land and subsidence impacts as soon as practical;
Ensuring appropriate erosion and sediment control systems are in place to prevent damage to flora and fauna from erosion and ponding as a result of subsidence; and
Annual monitoring of flora and fauna species and habitats. 5.1 Disturbance Activities Further discussion regarding the potential impact associated with each of the activities listed above is included in the EA (Umwelt, 2010). The management of the impacts associated with these activities is outlined in Section 6.0 below, and have also been detailed in the EA (Umwelt, 2010a), Response to Submissions (Umwelt, This was noted, however the audit did not 5.1 Not Triggered 2010b) and subsequent letters to DP&I and OEH dated 6 April 2011, 2 September require a finding to be made on this point. 2011 and 16 September 2011. The letters provided additional information to DP&I and OEH regarding the mitigation of potential impacts associated with secondary workings in the continued underground mining area.
WWC has been granted a licence by OEH to undertake subsidence monitoring and This was noted, however the audit did not 5.1 remediation works within the SSCA. The licence requires these works to be Not Triggered require a finding to be made on this point. undertaken as per the management measures described in the EA (Umwelt 2010).
6.0 Ecological Management Controls In the first instance, the plan to mitigate impacts to potential sensitive areas such Interviews with WWC environmental staff as EECs and creek lines will be to avoid impact. However, where impacts cannot confirmed that this is the decision making 6 Complies be avoided, the following sections detail the process required to manage potential process followed where disturbance works take impacts to identified ecological values. place at WWC. 6.2 Management of Disturbance Activities Additional activities potentially resulting in clearing of minor quantities of vegetation Only minimal vegetation clearing has been within the SSCA are outlined in Section 5.0. The predictions of no significant 6.2 undertaken at WWC during the audit period for Complies impacts (as discussed in the EA) will be assessed through the ongoing exploration activities. implementation of the WWC biodiversity monitoring program (refer to Section 8.0). Any disturbance activities within vegetated areas will be managed in accordance with the WWC clearance for work procedure. It is a requirement of the clearance An overarching agreement has been entered into for work procedure that due diligence surveys be completed for the clearing of between WWC and National Parks and Wildlife 6.2 Complies previously undisturbed vegetation (refer to Section 6.2.1). In addition, any works (of OEH) relating to subsidence management involving the clearance of vegetation within the SSCA (as identified in Section 5.0) works in the Sugarloaf State Conservation Area. will require the permission of OEH. During the site visit the auditors viewed a pre- Due diligence inspections will have a focus on the identification of potential clearance survey letter for exploration works at 6.2 presence of threatened flora species black-eyed susan (Tetratheca juncea) and WWC that had considered the potential for Complies small-flower grevillea (Grevillea parviflora subsp. parviflora). Tetratheca juncea to be located in the area (letter prepared by Umwelt). Any requirement to clear habitat trees will also trigger the habitat tree felling This has not been required during the audit 6.2 Not Triggered procedure, as described in Section 6.2.2. period. 6.2.1 Due Diligence Requirements Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre-clearance documentation. Arch GIS mapping is also used to identify and Where it is necessary to disturb areas of native vegetation, the following due 6.2.1 avoid if possible any relevant biodiversity Complies diligence processes will be implemented: constraints. An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval. Due diligence inspections will be completed by a suitably qualified ecologist to identify any significant ecological features at the site and to advise of any required management and mitigation measures; Disturbance to native vegetation communities will be limited to the minimum area required; Areas of known ecological significance will be avoided where possible. These include areas containing known records of threatened species, endangered populations and TECs. Hollow-bearing trees will be retained where possible, where this is not possible the habitat tree felling procedure will be utilised (refer to Section 6.2.3); Appropriate disturbance setbacks to known or identified significant ecological features will be established where possible; and Due diligence inspections will ensure that the area required for vegetation disturbance will be minimised, and that flora and fauna species (including threatened species), will not be significantly impacted.
60302473 Appendix N 1 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.2 ImprovementThe and due Maintenancediligence process of Ecological will also identify Values the requirement for appropriate mitigation/offsetting measures. The offsetting of vegetation impacts (refer to Section 9.4.1), will be required to be followed when any surface works are undertaken that have had a significant impact on the ecological values of the continued underground mining area, greater than predicted in the WWCCOP EA (Umwelt, This has not been required during the audit 6.2.1 Not Triggered 2010). If works are proposed to be undertaken within the continued underground period. mining area that are identified as likely to have a significant impact, which cannot be avoided by through alternative measures (i.e. use of existing access tracks or use of methods requiring less disturbance etc.), the offset consultation process (as identified in Section 9.4.1) will be triggered. Only minimal vegetation clearing has been A key constraint with the potential ecological due diligence inspections is the undertaken at WWC during the audit period for seasonality of potential threatened flora species, which can affect identification of exploration activities. Interviews with WWC species, in particular the black-eyed Susan (Tetratheca juncea), as well as environment personnel confirmed that this is the potentially occurring threatened orchid species. Any works that may potentially process that is undertaken. Site auditors also 6.2.1 disturb habitat for these species, being ground disturbance, significant ground viewed copies of pre-clearance documentation. Complies compaction or vegetation clearing, would first need to justify that there would be no The known locations of such threatened flora impact on these species by means of assessments of significance under both State species are considered using Arch GIS mapping and Commonwealth legislation respectively. This will be undertaken through the data before exploratory works commence. due diligence assessment process. Generally speaking, this allows such sites to be avoided for exploratory impacts. 6.2.2 Tree Felling Due diligence inspections may identify the requirement to clear intact vegetation, Only minimal vegetation clearing has been including canopy, shrub and ground layers for machinery access. If clearance is undertaken at WWC during the audit period for required, works would be managed in a manner that will allow for the least amount exploration activities. Interviews with WWC 6.2.2 of vegetation clearance as possible. It is considered unlikely that mature trees will Complies environment personnel confirmed that this is the need to be cleared to complete the works, however, in the unlikely event that process that is undertaken. Site auditors also clearance is required, clearing of trees will be undertaken in accordance with this viewed copies of pre-clearance documentation. tree felling procedure. Only minimal vegetation clearing has been The tree felling procedure for WWC is outlined in Figure 5. This procedure cannot undertaken at WWC during the audit period for be undertaken without the prior completion of the clearance for work process and a exploration activities. Interviews with WWC 6.2.2 Complies due diligence inspection. Additionally, all tree felling activities will be supervised by environment personnel confirmed that this is the suitably qualified personnel. process that is undertaken. Site auditors also viewed copies of pre-clearance documentation. In the event that clearance is likely to result in significant impacts on identified ecological values, and cannot be adequately remediated, WWC will initiate This has not been required during the audit 6.2.2 Not Triggered consultation with DP&I and OEH (refer to Section 9.4.1) in regards to the potential period. requirement to implement a Biodiversity Offset Strategy. 6.2.2.1 Timing of Tree Felling
Only minimal vegetation clearing has been The months of March to August (inclusive) are the most appropriate times for undertaken at WWC during the audit period for clearing activities, although it is recognised that clearing may need to occur during exploration activities. Interviews with WWC 6.2.2.1 Complies any time of the year. WWC will ensure extra scrutiny and allow extra flexibility for environment personnel confirmed that this is the any tree felling operations that need to occur during September-February. process that is undertaken. Site auditors also viewed copies of pre-clearance documentation. 6.2.2.2 Tree Felling Procedure (i) Forward Planning of Tree Felling Activities Should threatened fauna species be identified in areas identified to be cleared, the This has not been required during the audit 6.2.2.2 Not Triggered approach taken to discourage the animal from the area may include: period. Waiting for threatened fauna to complete their breeding cycle; Clear non-habitat vegetation around the habitat tree; Shake the tree and leave for 24 hours; Shake prior to felling habitat tree (where possible); and Capture and relocation to nearby secure habitat by a suitably qualified, experienced and licensed wildlife handler.
Forward planning should attempt to ensure that clearing of non-habitat trees and habitat trees occurs as close together as possible. This is to ensure that disturbance from the non-habitat tree clearing (such as machinery noise, vibrations and dust) to the area around the habitat trees increases the chance of the animal This has not been required during the audit 6.2.2.2 abandoning the habitat tree as a result of this disturbance. Ideally, if the area Not Triggered period. around a habitat tree is disturbed, the animal will abandon the habitat tree that night. If the habitat trees are felled the following day (or as close as possible to the following day), then the chances of the animal having returned/returning to its previous habitat tree are minimised, thereby reducing the chance of injury/death.
It is recommended that the time lapse between the clearing of non-habitat trees and habitat trees be kept to no more than one week. If this timeframe is not This has not been required during the audit 6.2.2.2 possible, then the habitat tree must be shaken by heavy machinery the day before Not Triggered period. felling, as well as prior to felling, in order to create as much disturbance as possible to encourage fauna to vacate hollows prior to felling.
60302473 Appendix N 2 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) (ii)4.2 ClearingImprovement of Non-Habitat and Maintenance Trees of Ecological Values Due diligence surveys will have identified any features of ecological significance This has not been required during the audit 6.2.2.2 Not Triggered within the area to be cleared, particularly: period. Habitat features that will require salvage in the case of hollow logs, stumps, fallen timber or boulders; Threatened flora species; Habitat trees, including hollow-bearing trees; and Other ecological features that require specific actions prior to felling (such as active bird nests). The salvage of these significant ecological features will occur prior to clearing This has not been required during the audit 6.2.2.2 Not Triggered activities. period. A visual canopy inspection of the area to be cleared (including non-habitat trees) must be completed by a suitably qualified and experienced person immediately This has not been required during the audit 6.2.2.2 Not Triggered prior to the felling of non-habitat trees. If threatened species are identified, further period. advice from suitably qualified and experienced personnel may be sought.
The clearing of non-habitat trees and habitat trees occurs as close together as possible. It is recommended that the time lapse between the clearing of non-habitat trees and habitat trees be kept less than one week (being five working days). If this This has not been required during the audit 6.2.2.2 Not Triggered timeframe cannot occur, then the habitat tree must be shaken by heavy machinery period. the day before felling, as well as prior to felling, in order to create as much disturbance as possible to encourage fauna to vacate hollows prior to felling.
(iii) Clearing of Habitat Trees Day Prior to Felling of Habitat Trees This has not been required during the audit 6.2.2.2 The day prior to felling of habitat trees the following will be undertaken: Not Triggered period. A visual canopy inspection of all habitat trees must be completed by suitably qualified and experienced personnel on the day prior to felling of habitat trees. This will require particular attention to searching for threatened canopy nesting birds, grey-headed flying fox or koala. If threatened nesting birds are identified, further advice from suitably qualified and experienced personnel may be sought; All habitat trees will be vigorously shaken the day prior to felling, with the use of heavy machinery; Hollow-dependent fauna may require differing actions depending on what is identified. The advice of an ecologist may be sought to provide appropriate strategy; and If there is strong justification that breeding of a threatened species is occurring within a tree to be felled, advice from an ecologist may be sought to advise on the actions to be taken. The type of actions will depend on the ecological significance and sensitivity of the species. Actions may include using techniques to verify the breeding activity, actions to discourage fauna if breeding is not verified, or in unusual cases the cessation of clearing until the animal’s breeding has been completed. Day of Felling of Habitat Trees On the day of felling, all habitat trees will be subject to a visual inspection by suitably qualified and experienced personnel, to survey for non-hollow-dependent threatened species such as the koala and grey-headed flying-fox. If either species This has not been required during the audit 6.2.2.2 Not Triggered is identified in the canopy, the relevant actions may include shaking the tree to period. encourage the animal to move on, or (as a last resort) the animal may be captured and removed by a licensed and experienced wildlife handler; Trees with no records of occupancy from previous shaking should be shaken again, and felled if no fauna emerge; In all cases, hollow-bearing trees will be slowly pushed (where safe and practical to do so) over using a bulldozer or excavator; Trees previously identified as containing non-threatened birds will be shaken and then felled, providing no threatened species are identified. All reasonable attempts will be made to reduce the impact of felling on non-threatened species. Orphaned young will be taken to wildlife carers; If a threatened species is identified in a hollow on the day of felling, the suitably qualified supervisor will be able to advise on the most appropriate method to minimise potential harm. This may include leaving the tree overnight, further shaking to encourage the animal to vacate the tree, removal of branches away from the hollow to discourage ongoing use, or measures to capture and relocate the animal to secure habitats; Where a habitat tree is known to contain a threatened species, all reasonable measures to minimise potential impact will be carried out, prior to felling the tree; Captured, uninjured animals will be released on the day of capture in nearby suitable secure habitat and will not be held for extended periods of time; and Captured, injured animals will be taken to the nearest veterinary clinic or wildlife carer for assessment and treatment and release as required.
60302473 Appendix N 3 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) After4.2 Improvement Felling Habitat and Trees Maintenance of Ecological Values Following felling, habitat trees will be inspected for remaining or injured fauna species and to ensure that no hollows are blocked against the ground. If hollows This has not been required during the audit 6.2.2.2 Not Triggered are blocked against the ground, the tree may be rolled (where safe and practical) to period. ensure that any fauna remaining in hollows are able to escape; All felled habitat trees will remain in place for one night to allow any fauna still in hollows to move on; and
Felled habitat trees will be inspected for hollows, cracks and crevices suitable for salvage and installation in surrounding remnant vegetation, preferably in areas of regenerating vegetation. 6.3 Subsidence Remediation Works Impacts of subsidence on ecological values are recorded as part of ongoing biodiversity While minor surface cracking is predicted to occur, they are not considered as monitoring. In the West Wallsend Colliery being likely to require remediation works. A monitoring program for subsidence 6.3 Biodiversity Monitoring Report 2012 (Umwelt, Complies works will be undertaken (as detailed in Section 8.2) to identify potential impacts to January 2013), no significant impacts to ecological values. biodiversity have so far been reported through subsidence. The need to remediate subsidence impacts will be assessed on a case by case basis and take into consideration potential risks to public safety and the environment. If a subsidence crack is not within a drainage line, or does not During the site visit, auditors viewed present a safety risk or risk to the environment, the crack will be left to naturally fill photographic evidence and in-field evidence of 6.3 Complies with sediment to prevent further clearing/disturbance works associated with the grouting remediation works to manage remediation. If a crack does require remediation, the method of remediation will be subsidence impacts. selected to minimise the potential disturbance to the surrounding environment (i.e. grouting as opposed to backfilling). Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies of pre-clearance documentation. Arch GIS mapping In the event that minor cracking is observed that requires remediation (particularly is also used to identify and avoid if possible any along drainage lines with a lower depth of cover) the OCAL clearance for work relevant biodiversity constraints. An erosion and 6.3 process will be followed as outlined in Section 6.2, to minimise the potential for Complies sediment control plan is required for any surface impacts upon sensitive ecological features and water flows within the creek (refer to disturbance works. WWC Environment and WWC Water Management Plan). Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval. Where possible, existing tracks will be utilised to access areas requiring crack remediation, however, due to the extensive vegetation cover and remote nature of No new significant access tracks have been the areas, new access tracks may be required. If required, new access tracks will required to undertake subsidence remediation 6.3 be constructed so as to minimise the potential impact on ecological features and to works at WWC. Subsidence impact areas are Complies reduce the amount of vegetation that would be disturbed or removed as a result of generally grouted by piping the grout from an earthworks. Any clearance will be undertaken in accordance with the tree felling access track into the subsided area. procedure identified in Section 6.2.2. During the site visit, auditors viewed photographic evidence and in-field evidence of Works will also be undertaken in accordance with the existing WWC Subsidence grouting remediation works to manage Management Plans and Subsidence Crack Remediation Procedure. Typically the 6.3 subsidence impacts. These remediation works Complies remediation will involve grouting (no disturbance required) or backfilling with inert fill were found to be in compliance with the WWC and compaction of the affected area. Subsidence Management Plans and the Subsidence Crack Remediation Procedure. 6.4 Remediation Works During the site visit, auditors viewed WWC WWC will undertake remediation works within the SSCA to a value of $50,000 per budget documents and invoice records to 6.4 annum for the life of the Project, in consultation with OEH, as required by statement Complies confirm that this expenditure target has been of commitments condition 6.4.2. met. The funding of remediation works will result in improved ecological value in the SSCA and improve the condition of EECs and threatened species habitats, as the This was noted, however the audit did not 6.4 Not Triggered funding will also be utilised to improve general geomorphic and ecological value of require a finding to be made on this point. the drainage lines within the continued underground mining area. 6.5 General Ecological Actions for the SSCA 6.5.1 Weed Management Weed management at WWC is undertaken according to the Weed Action Plan 2012. The following weed management methods will be undertaken in areas where Interviews with WWC environment personnel 6.5.1 surface activities have been required as a result of the underground operations during the audit confirmed that weed Complies (e.g. exploration sites or subsidence remediation areas): management procedures are largely done by hand. These activities are reported on in Section 3.8 of the Annual Review 2012. The implementation of weed management measures including hand removal, mechanical removal in authorised areas when favourable conditions prevail; and Monitoring and inspections of areas to assess the effectiveness of the weed control activities and to ascertain the requirement for further work.
60302473 Appendix N 4 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 6.5.1.14.2 Improvement Sensitive Weed and Maintenance Management of Ecological Values All weeding activities requiring ground disturbance works within areas containing known Aboriginal sites will be subject to consultation with the relevant Aboriginal This has not occurred during the audit period, as 6.5.1.1 Stakeholders using the appropriate mechanism as identified in the WWC ACHMP. these sites are generally avoided as sites of Not Triggered To avoid ground disturbance in areas of known Aboriginal sites, the use of surface impact in the first place. herbicides as applicable to each particular weed species will be considered.
During the site visit the auditors viewed a pre- clearance survey letter for exploration works at Additionally, all weed management activities undertaken in TECs or in areas known WWC that had considered the potential for to contain threatened flora records (particularly that of black-eyed Susan 6.5.1.1 Tetratheca juncea to be located in the area Complies (Tetratheca juncea)) will be subject to consultation with a qualified ecologist, with (letter prepared by Umwelt). Arch GIS mapping any works required undertaken by the appropriately qualified personnel. is also used to identify known locations of such threatened species before works commence. 6.5.2 Erosion and Sediment Control An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Erosion and sediment control works may be undertaken by WWC within the Operations or Site Manager signs off on this. 6.5.2 continued underground mining area. Prior to the installation of Erosion and Complies Longer processes such as drilling works are sediment controls, the WWC Clearance for Work procedure will be undertaken. managed through a contract to work approval. Examples of this documentation were viewed by the auditors during the site visit.
The clearance for work procedure includes list of triggers that would identify anything relevant from The erosion and sediment control measures that will be implemented to counter the Water Management Plan that would need 6.5.2 potential erosion and sediment impacts will be undertaken in accordance with the Complies further consideration. Examples of this WWC Water Management Plan. documentation were viewed by the auditors during the site visit. 7.0 Management of Habitats and Communities 7.1.1 Black-eyed Susan (Tetratheca juncea ) To minimise the risks associated with impacts to the species, the following 7.1.1 Complies management recommendations will be undertaken: During site visit, auditors viewed details Arch WWC will maintain an accurate database for all known records of clumps of black- GIS database that is maintained for operations at eyed Susan (Tetratheca juncea ) and all other threatened flora species on site. This WWC. This mapping includes relevant database will then be utilised for any proposed future works; and environmental constraints information, including known locations of Tetratheca juncea .
As outlined in the West Wallsend Colliery Targeted surveys for this species will be undertaken between the months of July Biodiversity Monitoring Report 2012 (Umwelt, and December, as per Section 8.2.3.1; January 2013), annual monitoring work was conducted for WWC during spring.
Previous studies have identified impacts to the black-eyed Susan (Tetratheca juncea ) in the Southern Coalfields as a result of anaerobic soils resulting from coal seam gas emissions through cracks above mined areas. This is not predicted to This has not been required during the audit 7.1.1 occur in the continued underground mining area, as these types of impacts have Not Triggered period. not been observed in previously mined areas at WWC. However, if any impact is observed through monitoring undertaken (refer to Section 8.2.3.1), impacts will be reported to OEH in accordance with the process identified in Section 9.0.
In the event that unpredicted, adverse impacts on black-eyed Susan (Tetratheca juncea ) are identified during management and monitoring of the continued This has not been required during the audit 7.1.1 underground mining area, WWC will investigate appropriate remediation and Not Triggered period. mitigation requirements, in consultation with the relevant government authorities (refer to Section 9.0). In the event that significant impacts on ecological values are identified and cannot be adequately remediated, WWC will engage a suitably qualified and experienced This has not been required during the audit 7.1.1 Not Triggered ecologist to prepare a Biodiversity Offset Strategy in consultation with OEH and period. DP&I. 7.1.2 Small-Flower Grevillia (Grevillia parviflora subsp. parviflora ) To minimise the risks associated with impacts to the species, the following 7.1.2 Complies management recommendations will be undertaken: During site visit, auditors viewed details Arch GIS database that is maintained for operations at WWC will maintain an accurate database for all known records of small-flower WWC. This mapping includes relevant grevillea and all other threatened flora species on site. This database will then be environmental constraints information, including utilised for any proposed future works; and known locations of Grevillia parviflora subsp. parviflora .
As outlined in the West Wallsend Colliery Targeted surveys for this species will be undertaken between the months of July Biodiversity Monitoring Report 2012 (Umwelt, and December, as per Section 8.2.3.1; January 2013), annual monitoring work was conducted for WWC during spring.
In the event that unpredicted, adverse impacts on small-flower grevillea are identified during management and monitoring of the continued underground mining This has not been required during the audit 7.1.2 Not Triggered area, WWC will investigate appropriate remediation and mitigation requirements, in period. consultation with the relevant government authorities (refer to Section 9.0).
60302473 Appendix N 5 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.2 ImprovementIn the and event Maintenance that significant of Ecological impacts on Values ecological values are identified and cannot be adequately remediated, WWC will engage a suitably qualified and experienced This has not been required during the audit 7.1.2 Not Triggered ecologist to prepare a Biodiversity Offset Strategy in consultation with OEH and period. DP&I. 7.1.3 Regent Honeyeater (Anthochaera phrygia) To minimise the risks associated with impacts to the species, the following 7.1.3 Complies management recommendations will be undertaken: During site visit, auditors viewed details Arch GIS database that is maintained for operations at WWC will maintain an accurate database for all known records of the regent WWC. This mapping includes relevant honeyeater. This database will then be utilised for any proposed future works; and environmental constraints information, including known locations of Regent Honeyeater. Biodiversity monitoring will continue to be undertaken at this monitoring location This has not been required during the audit until at least 2015, as per Table 8.2; period. In the event further observations of this species are made, WWC will consult with This has not been required during the audit OEH regarding further management measures. period. 7.1.4 Identification of Previously Unidentified Threatened Species The Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) has been updated to include measures for the In the event that additional threatened species are identified in the continued management of Regent Honeyeater, which was 7.1.4 underground mining area, this BMP may need to be revised to include the Complies only identified on the site during 2012 survey appropriate management of these species. work (refer West Wallsend Colliery Biodiversity Monitoring Report 2012 (Umwelt, January 2013)). 7.2 Endangered Ecological Community Management Ongoing monitoring of this community (as detailed in Section 8.5.3) will be undertaken to ensure that no significant impacts are occurring as a result of the continued mining operations. If negative impacts to this EEC are identified during management and monitoring of the continued underground mining area, WWC will This has not been required during the audit 7.2 investigate appropriate remediation and mitigation requirements, in consultation Not Triggered period. with the relevant government authorities. In the event that significant impacts on ecological values are identified and cannot be adequately remediated, WWC will engage a qualified ecologist to prepare a Biodiversity Offset Strategy in consultation with OEH and DP&I. 7.4 Groundwater Dependent Ecosystems Although no significant impacts are expected to occur to any groundwater The West Wallsend Colliery Biodiversity dependent ecosystems as a result of subsidence related impacts (Umwelt, 2010), Monitoring Report 2012 (Umwelt, January 2013) an ecological monitoring program will continue to be undertaken (refer to Section 7.4 provides the results of annual monitoring work, Complies 8.0) which will identify any significant impacts as a result of ponding at monitoring and subsidence impacts have been remediated locations within the continued underground mining area. If required, subsidence through the use of grout to fill cracks. management will also be undertaken as indicated in Section 6.3.
These subsidence remediation works through WWC will additionally undertake remediation works within SSCA (refer to the 7.4 the use of grout to fill cracks were viewed in the Complies WWC Water Management Plan). field by auditors during the site visit. 8.0 Monitoring 8.1 Background and Baseline Data This has occurred, as reported in Section 3.6 of It is proposed to build on WWC’s previous monitoring schedule as mining the Annual Review 2012. During 2012, progresses. Sites will be added to the monitoring schedule with the advancement of monitoring of Site 7 above LW37 was mining into each new longwall and sites will be removed from the monitoring discontinued. The Site had been monitored for 8.1 Complies schedule once it can be demonstrated that subsidence impacts have resulted in no two years post mining and no impacts were discernible impact on the vegetation and fauna characteristics of the sites. identified. Due to the progression of longwall Proposed monitoring locations are shown on Figure 6. mining, three new biodiversity monitoring sites (Sites 17, and 19) were installed during 2012.
Two biodiversity monitoring sites occur above Monitoring sites will be preferentially located in areas where subsidence impacts each of the LW panels at WWC, as reported in 8.1 Complies are predicted to be greatest, and will be monitored on a regular basis. the West Wallsend Colliery Biodiversity Monitoring Report 2012 (Umwelt, January 2013).
As reported in the West Wallsend Colliery Baseline monitoring surveys will be undertaken for each of the below monitoring Biodiversity Monitoring Report 2012 (Umwelt, 8.1 Complies categories, prior to undermining occurring. This will assist in the: January 2013), flora data collected so far provides baseline data for the sites. Understanding of existing flora and fauna characteristic prior to new development; Rehabilitation of disturbed and subsided land; Ensure appropriate erosion and sediment control systems are in place to prevent damage to flora and fauna from erosion and unnatural flooding events; and Seasonal comparative monitoring of flora and fauna species and habitats. 8.2 Flora Monitoring At each of the monitoring locations (refer to Figure 6), a 400 square metre (20 x 20 The monitoring locations continue to conform to metre) vegetation survey plot will be established and sampled in order to assess these size requirements. Baseline monitoring flora diversity and abundance. The locations of these vegetation plots have been data was collected as part of the Environmental 8.2 selected in order to sample each of the key vegetation communities identified along Complies Assessment: West Wallsend Colliery Continued the longwall panel. The condition of the vegetation at the site will also be Operations Project (Umwelt, 2010), which was determined. Baseline flora monitoring for each plot will be undertaken at least two two years before these operations commenced. years prior to undermining occurring as requested by OEH.
60302473 Appendix N 6 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.2 ImprovementEach and vegetation Maintenance plot will of beEcological marked with Values a metal star-picket in each corner. A metal tag recording the relevant site details will be attached to each star-picket. The This methodology is confirmed in the West 8.2 centre of each site will be recorded via GPS to enable accurate location of the Wallsend Colliery Biodiversity Monitoring Report Complies vegetation plot, should the star-pickets be removed. This will allow for repeatable 2012 (Umwelt, January 2013). surveys over time. At each site, a qualified ecologist will identify all vascular flora species present within the plot. Species within the plot will be assigned a cover-abundance value to This methodology is confirmed in the West reflect their relative cover and abundance in the plot. A modified Braun-Blanquet 6- 8.2 Wallsend Colliery Biodiversity Monitoring Report Complies point scale (see Table 8.1) will be used to estimate cover-abundances of all plant 2012 (Umwelt, January 2013). species within each plot. Species located outside the plot will be marked as being present, however will not be assigned a cover-abundance value. Comparison with previous remnant vegetation monitoring will be made and the This methodology is confirmed in the West 8.2 results evaluated to determine if the mining and subsidence related impacts are Wallsend Colliery Biodiversity Monitoring Report Complies detrimentally affecting remnant vegetation communities. 2012 (Umwelt, January 2013). Table 8.2 presents the proposed ecological monitoring schedule for longwall This methodology is confirmed in the West 8.2 panels. This timeline may be subject to change in the event that there are delays in Wallsend Colliery Biodiversity Monitoring Report Complies mining works (refer to Figure 6 for monitoring locations). 2012 (Umwelt, January 2013).
As a result of recent discussions with OEH it is recommended that ecological monitoring at each site is undertaken two years prior to longwall mining and for two This methodology is confirmed in the West years post mining. It is assumed that each longwall takes one year or less to mine 8.2 Wallsend Colliery Biodiversity Monitoring Report Complies and therefore each site requires five years of monitoring. Ecological monitoring may 2012 (Umwelt, January 2013). need to be extended if longwall mining takes longer than one year to complete a panel. 8.2.2 Photo Monitoring Photo monitoring will be undertaken for each vegetation monitoring site identified in Figure 6. For each vegetation monitoring plot, metal-star pickets will be established This methodology is confirmed in the West to indicate the corners, from two of these corners three photos will be taken (i.e. 8.2.2 Wallsend Colliery Biodiversity Monitoring Report Complies corner 1 to 2, corner 1 to 3, corner 1 to 4, corner 3 to 1, corner 3 to 2, and corner 3 2012 (Umwelt, January 2013). to 4). These photos will be used for comparison to previous years over time, and to identify changes in the floristic composition and structure of sites. 8.2.3 Threatened Flora Species and EEC Monitoring In addition to the remnant vegetation monitoring indicated in Section 8.3, four This methodology is confirmed in the West additional monitoring sites will be established (Figure 6) for the purposes of 8.2.3 Wallsend Colliery Biodiversity Monitoring Report Complies specifically assessing the impacts of longwall mining on threatened species and 2012 (Umwelt, January 2013). EECs. These sites include: One black-eyed Susan (Tetratheca juncea ) monitoring site; One small-flowered grevillea (Grevillea parviflora subsp. parviflora) monitoring site; Two Riparian Paper Park – Peppermint Forest EEC in Palmer Creek Catchment; and Two River flat Eucalypt Forest on Coastal Floodplain EEC sites in Diega Creek Catchment. These sites will be established above these longwall panels at least two years prior This methodology is confirmed in the West 8.2.3 to mining and will be monitored for at least two years post mining to determine any Wallsend Colliery Biodiversity Monitoring Report Complies impacts as a result of longwall mining. 2012 (Umwelt, January 2013). 8.2.3.1 Black-eyed Susan (Tetrathaeca juncea) Monitoring Site This site is located in an area where subsidence impacts are predicted to be the greatest and will be monitored on an annual basis. This site will consist of a 20 metre by 20 metre plot with each corner marked out using a star picket. It will also This methodology is confirmed in the West 8.2.3.1 consist of two nested quadrats of dimensions two metres by two metres. The Wallsend Colliery Biodiversity Monitoring Report Complies proposed location for this site is indicated in Figure 6. This site will be monitored 2012 (Umwelt, January 2013). until at least two years post mining to determine any impacts as a result of longwall mining.
60302473 Appendix N 7 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.2 ImprovementInformation and Maintenance monitored withinof Ecological the 20 metre Values by 20 metre plot will include identification of all vascular flora species present within the plot. Species within the plot will be This methodology is confirmed in the West 8.2.3.1 assigned a cover-abundance value to reflect their relative cover and abundance in Wallsend Colliery Biodiversity Monitoring Report Complies the plot (as indicated in Section 8.3). Percentage cover and vigour (including plant 2012 (Umwelt, January 2013). death) of the canopy, midstorey and groundcover vegetation. A count will also be undertaken of the number of black-eyed Susan (Tetratheca juncea ) clumps present within this plot. Each clump will be marked with a silver metal tag, recording its individual number, attached to a galvanised tent peg which This methodology is confirmed in the West 8.2.3.1 will be placed in the ground at the approximate centre of each clump. For the Wallsend Colliery Biodiversity Monitoring Report Complies purposes of this monitoring a “clump” will considered as being those separated by 2012 (Umwelt, January 2013). more than 30 centimetres (Payne et. al. 2002). The following information will be recorded for each black-eyed Susan clump (Tetratheca juncea ): Clump number; Position of clump in relation to the plot (i.e. two metres south east of north west corner); Mud-map of location of clumps within the plot; and Approximate size of clump. This methodology is confirmed in the West In each two metre by two metre nested sub-plot the following information will be 8.2.3.1 Wallsend Colliery Biodiversity Monitoring Report Complies recorded: 2012 (Umwelt, January 2013). number of individual clumps of black-eyed Susan (Tetratheca juncea ); Age cohort; Height; Reproductive status; Number of plants in flower; Minimum, maximum and average number of flowers per plant; and Percentage seed set. General observations regarding the health and presence of weed species etc. will This methodology is confirmed in the West 8.2.3.1 also be recorded. Details will also be recorded on presence of surface cracks, Wallsend Colliery Biodiversity Monitoring Report Complies water ponding, gas venting, or other surface impacts. 2012 (Umwelt, January 2013). This methodology is confirmed in the West Photo monitoring will also be undertaken in this monitoring plot from a permanent 8.2.3.1 Wallsend Colliery Biodiversity Monitoring Report Complies monitoring location. 2012 (Umwelt, January 2013). The monitoring data from this site will be compared to baseline black-eyed Susan This methodology is confirmed in the West 8.2.3.1 (Tetratheca juncea) monitoring undertaken in the Westside Mine Voluntary Wallsend Colliery Biodiversity Monitoring Report Complies Conservation Agreement (VCA) area. 2012 (Umwelt, January 2013). 8.2.3.2 Small-Flower Grevillia (Grevillia parviflora subsp. parviflora ) Monitoring Monitoring techniques undertaken for small-flower grevillea (Grevillea parviflora subsp. parviflora) will be similar to those undertaken for black-eyed Susan (Tetratheca juncea) above. The difference between the two survey techniques will This methodology is confirmed in the West 8.2.3.2 be the assessment of individual plants as opposed to the assessment of clumps. Wallsend Colliery Biodiversity Monitoring Report Complies The proposed location for this site is indicated in Figure 6. This site will be 2012 (Umwelt, January 2013). monitored until at least two years post mining to determine any impacts as a result of longwall mining. 8.2.3.3 Alluvial Tall Moist Forest (Groundwater Dependent Ecosystem) Monitoring
Two additional monitoring plots will also be established in Alluvial Tall Moist Forest. One of these sites will be established in an area to be undermined, and the other will be established in an area not proposed for undermining, to allow for comparison of mining affectation against baseline conditions within this community. These plots This methodology is confirmed in the West 8.2.3.3 will employ the same monitoring techniques as those proposed for the general Wallsend Colliery Biodiversity Monitoring Report Complies remnant vegetation monitoring as well as assessment for the presence of surface 2012 (Umwelt, January 2013). cracks or surface water ponding. The proposed locations for these sites are indicated in Figure 6. These sites will be monitored until at least two years post mining to determine any impacts as a result of longwall mining.
8.3 Fauna Monitoring While all species may be impacted by potential subsidence to some degree, species dependent on drainage lines and those with low mobility and small home This methodology is confirmed in the West 8.3 ranges will be most significantly impacted. Consequently fauna monitoring will be Wallsend Colliery Biodiversity Monitoring Report Complies reflective of this; for each monitoring site identified in Figure 6. Herpetofauna 2012 (Umwelt, January 2013). monitoring will be undertaken as indicated below. 8.3.1 Diurnal Herpetofauna Survey Two diurnal herpetofauna surveys, consisting of one person hour on two separate days, will be conducted at each of the monitoring sites during each monitoring This methodology is confirmed in the West event. Likely microhabitats will be examined, such as under rocks and logs, in bark 8.3.1 Wallsend Colliery Biodiversity Monitoring Report Complies at the base of trees, ground litter, around water sources and in man-made features. 2012 (Umwelt, January 2013). Amphibian species will be identified from visual observation and vocal calls. Reptiles will be identified based on visual observation. 8.3.2 Nocturnal Herpetofauna Survey Two nocturnal herpetofauna surveys, consisting of one person hour on two separate nights, will be conducted at each of the monitoring sites during each monitoring event. Spotlighting will be conducted on foot using 30 watt Lightforce This methodology is confirmed in the West 8.3.2 hand-held spotlights. Likely microhabitats will be examined, such as under rocks Wallsend Colliery Biodiversity Monitoring Report Complies and logs, in bark at the base of trees, ground litter, around water sources and in 2012 (Umwelt, January 2013). man-made features. Amphibian species will be identified based on visual observation and vocal calls. Reptiles will be identified based on visual observation.
60302473 Appendix N 8 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 8.3.34.2 Improvement Opportunistic and Observations Maintenance of Ecological Values This methodology is confirmed in the West Opportunistic records of herpetofauna and threatened species will additionally be 8.3.3 Wallsend Colliery Biodiversity Monitoring Report Complies recorded during all other aspects of monitoring. 2012 (Umwelt, January 2013). 8.3.4 Habitat Assessment A fauna habitat assessment will be undertaken at each of the monitoring locations. This methodology is confirmed in the West 8.3.4 The following components of fauna habitat will be recorded and compared to Wallsend Colliery Biodiversity Monitoring Report Complies previous monitoring results: 2012 (Umwelt, January 2013). Hollow-bearing trees; Density of shrub and ground layer; Canopy cover; Mistletoe; Fallen logs and rocks; Leaf litter; Decorticating bark; Winter flowering species; and Stags. The results of the monitoring will be analysed and compared to previous survey This methodology is confirmed in the West results to determine general population trends. In the event that negative trends are 8.3.4 Wallsend Colliery Biodiversity Monitoring Report Complies identified indicating the decline of particular threatened species, appropriate 2012 (Umwelt, January 2013). amelioration measures will be developed. The Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) has been updated to include measures for the In the event that further threatened species are identified within the monitoring management of Regent Honeyeater, which was 8.3.4 locations the monitoring program will incorporate surveys to adequately assess and Complies only identified on the site during 2012 survey monitor these species, where appropriate. work (refer West Wallsend Colliery Biodiversity Monitoring Report 2012 (Umwelt, January 2013)). 8.3.4b Subsidence Monitoring Program A number of subsidence monitoring lines will be installed to determine subsidence Interviews with WWC environment personnel impacts on the landscape. These subsidence monitoring lines are installed prior to during the audit confirmed that ecological due 8.3.4b Complies mining particular longwalls and are installed in accordance with a valid access diligence reporting is undertaken for all new license provided by the OEH prior to works. subsidence monitoring lines. Monitoring of the impacts of subsidence on EECs will be undertaken through ecological monitoring (refer to Section 8.2), and are likely to be limited due to This methodology is confirmed in the West 8.3.4b extensive mine plan modifications undertaken prior to approval of the project, which Wallsend Colliery Biodiversity Monitoring Report Complies resulted in the exclusion of mining under areas of low depth of cover and under 2012 (Umwelt, January 2013). creek lines containing Alluvial Tall Moist Forest EEC (refer to Figure 6). During the site visit, auditors viewed Existing subsidence monitoring strategies will be continued for the life of the project photographic evidence and in-field evidence of 8.3.4b Complies and include: grouting remediation works to manage subsidence impacts in these areas. Undertaking inspections and maintenance of the Great North Walk and other public infrastructure, prior to, during and post mining, in accordance with the Built Features Management Plan developed as part of the Extraction Plan for the continued underground mining area; Undertaking inspections and remediation in accordance with subsidence monitoring required by the WWC WMP (part of the WWC Extraction Plan)and the WWC subsidence crack remediation procedure; Communicating inspection results to the respective stakeholders; and Any impacts identified during inspections will result in the development of a remediation strategy, in consultation with the relevant stakeholders. 8.5 Rehabilitation Monitoring Program This has occurred, as reported in Section 3.6 of the Annual Review 2012. During 2012, Locations within the continued underground mining area where rehabilitation or monitoring of Site 7 above LW37 was remediation works have been undertaken will be monitored on a regular basis in discontinued. The Site had been monitored for 8.5 Complies accordance with site procedures until they are considered to be self sustaining and two years post mining and no impacts were no longer requiring management. identified. Due to the progression of longwall mining, three new biodiversity monitoring sites (Sites 17, and 19) were installed during 2012. This methodology is confirmed in the West Monitoring of these areas will be include visual inspections and photo monitoring 8.5 Wallsend Colliery Biodiversity Monitoring Report Complies and will focus on the following: 2012 (Umwelt, January 2013). Germination rates; Success rates of tubestock; Weed infestation; and General condition.
60302473 Appendix N 9 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 8.64.2 ImprovementMonitoring Feedback and Maintenance Loop of Ecological Values
The results of the ecological monitoring and management measures will be reviewed annually and reported in the Annual Review (refer to Section 9.2). Management measures will be adapted, as required, on the basis of monitoring This information is contained in Section 3.6 of 8.6 outcomes. Amendments to ecological management processes may be undertaken Complies the Annual Review 2012. to improve the ecological value of the continued underground mining area (refer to Section 4.2). Amendments to management processes may be undertaken in light of any findings of the ecological monitoring identified in Section 8.0.
9.0 Reporting and Review 9.1 Environmental Incidents All environmental incidents will be investigated to a level commensurate to their risk This has not been required during the audit 9.1 level in consultation with the OCAL Environment and Community Manager. All Not Triggered period. environmental incidents are to be reported annually in the Annual Review. The written report to DP&I, OEH and any other relevant government agencies will 9.1 Not Triggered include the following details: The date, time and nature of the incident; Identify the likely cause of the incident; Description of the response action that has been undertaken to date; and Description of the proposed measures to address the incident. 9.2 External Reporting An annual Ecological Monitoring Report will be prepared and will document the monitoring methods and results from the monitoring outlined in Section 8.0. This The West Wallsend Colliery Biodiversity report will provide a comparison of the data collected with previous year’s results as Monitoring Report 2012 (Umwelt, January 2013) well as include management recommendations and ameliorative methods for 9.2 fulfils these requirements. These results are also Complies ongoing biodiversity management of WWC. The results of the ecological monitoring summarised in Section 3.6 of the Annual Review and management measures will also be reported in the Annual Review. 2012. Management measures will be adapted, as required, on the basis of monitoring outcomes. 9.3 Review The Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) has been updated to include measures for the Ongoing monitoring and review on the performance and implementation of this BMP management of Regent Honeyeater, which was 9.3 Complies will be undertaken in accordance with WWC Environmental Management Strategy. only identified on the site during 2012 survey work (refer West Wallsend Colliery Biodiversity Monitoring Report 2012 (Umwelt, January 2013)). In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary On 19 May 2013, after the submission of the revise, the strategies, plans, and programs required under Project Approval to the Annual Review 2012 on 30 April 2013, WWC satisfaction of the Director-General, within 3 months of the submission of: undertook a review of its management plans as (a) The submission of an annual review; 9.3 per Condition 5(a), Schedule 6 of the Project Complies (b) The submission of an incident report; Approval. It was determined that the Biodiversity (c) The submission of an audit report; and Management Plan does not require any further (d) Any modification to the conditions of this approval (unless the conditions require amendments at this time. otherwise). The Environment and Community Manager (or delegate) will review and if This update to the Biodiversity Management necessary, revise this BMP and resubmit to DP&I every year or earlier if required. Plan West Wallsend Colliery (Xstrata Coal, Any changes made to the BMP as a result of the review will be made in March 2013) was undertaken in consultation with consultation with OEH. A copy of the revised BMP will be supplied to the Director- OEH, as outlined in Section 2.3 of the Plan. It is 9.3 Complies General of DP&I for approval. The BMP will reflect changes in environmental not clear how the Director-General has been requirements, technology and operational procedures. Updated versions of the consulted on this, however the end date for this approved WMP will be made publicly available on the WWC website consultation will be 31 July, which is outside of (http://www.westwallsendcolliery.com.au/). the scope of this IEA.
60302473 Appendix N 10 AECOM
Reference Requirement Evidence Audit Finding Biodiversity Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 9.44.2 CorrectiveImprovement Actions and Maintenance of Ecological Values In the event that unpredicted, adverse impacts on ecological values are identified during management and monitoring of the continued underground mining area, WWC will respond to the issues identified and engage appropriate experts where required. WWC will investigate all appropriate remediation and mitigation This has not been required during the audit 9.4 Not Triggered requirements, in consultation with the relevant government authorities. In the event period. that significant impacts on identified ecological values are identified and cannot be adequately remediated, WWC will develop a Biodiversity Offset Strategy in consultation with OEH and DP&I (refer to Section 9.4.1). Any remediation works required to rectify surface cracking, surface ponding or out of channel flows are not expected to be substantial based on previous experience This has not been required during the audit 9.4 Not Triggered at WWC, and will also be undertaken in accordance with the WWC subsidence period. remediation procedure. 9.4.1 Biodiversity Offset Strategy In the event that significant impacts on identified ecological values are identified and cannot be adequately remediated, WWC will engage a suitably qualified and This has not been required during the audit 9.4.1 Not Triggered experienced ecologist to prepare a Biodiversity Offset Strategy in consultation with period. OEH and DP&I. Based on the ecological assessments and past experience, any unexpected impacts are likely to be minor in area. The proposed biodiversity offsets may include land based offsetting, offsetting by remediation or rehabilitation of This has not been required during the audit 9.4.1 Not Triggered equivalent areas of disturbed or poor condition vegetation within the SSCA. The period. proposed Biodiversity Offset Strategy for a particular impact or situation will be assessed on a case by case basis in consultation with OEH and DP&I.
The trigger for the requirement of the Biodiversity Offset Strategy will be through the This has not been required during the audit 9.4.1 Not Triggered ecological monitoring outlined in Section 8.0. period. 9.5 Records In accordance with EPL condition M1 and as per WWC document control Records were viewed by the auditors during the 9.5 Complies procedures, monitoring records will be maintained on site for at least 4 years. site visit. 9.6 Training This general training is included in such training mechanism as the WWC General Environmental The identification of known threatened flora and fauna species will be made part of Awareness Training, the Glencore Xstrata the ongoing training process for personnel at WWC, through general environmental Induction and Site Familiarisation training, as 9.6 awareness training. Relevant personnel will be provided with information regarding Complies well as during the WWC Annual Contractor the identification of threatened flora and fauna species through the induction and Forum. Umwelt has also provided relevant WWC site familiarisation process. staff with specialist training for Tetratheca juncea .
60302473 Appendix N 11 AECOM Independent Environmental Audit N-2
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Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit
Appendix O
Audit Protocol: Noise Management Plan West Wallsend Colliery (Xstrata Coal)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit O-1
Appendix O Audit Protocol: Noise Management Plan West Wallsend Colliery (Xstrata Coal)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Noise Management Plan West Wallsend Colliery (Xstrata Coal) 4.1 Noise Criteria Monitoring results from Q1 2013, which were the only results available at the time of the From 1 January 2013, WWC shall ensure that the noise generated by WWC does audit, showed no exceedances of these 4.1 not exceed the criteria in Table 4.3 at any residence on privately-owned land or on Complies criteria (West Wallsend Colliery Noise more than 25 per cent of any privately-owned land. Compliance Report: Bradford Breaker (Global Acoustics, April 2013)).
The West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013) was prepared In accordance with Condition 6 of Schedule 4 of the Project Approval, a Noise to meet these criteria. The plan was Compliance Report is to be submitted to the DP&I by the end of March 2013. submitted at the end of April 2013, and was 4.1 Complies Further information regarding the Noise Compliance Report is outlined in Section therefore late by one month. However, 7.1. interviews with WWC environment personnel explain that DP&I did allow an extension on this timeframe to align with the submission of Annual Review 2012. 4.2 Cumulative Noise Criteria Monitoring results from Q1 2013, which were In accordance with Condition 3 of Schedule 4 of the Project Approval, WWC shall the only results available at the time of the implement all reasonable and feasible measures to ensure that the noise audit, showed no exceedances of these 4.2 generated by the WWC combined with the noise generated by other mines does Complies criteria (West Wallsend Colliery Noise not exceed the criteria in Table 4.4, at any residence on privately-owned land or on Compliance Report: Bradford Breaker more than 25 per cent of any privately-owned land. (Global Acoustics, April 2013)).
4.3 Additional Noise Mitigation Upon receiving a written request from the owner of the residence listed in Table 4.5, WWC shall implement noise mitigation measures (such as double glazing, insulation, and/or air conditioning) at the residence in consultation with the owner. These measures must be reasonable and feasible. If within three months of This has not been required during the audit 4.3 Not Triggered receiving this request from the owner, WWC and the owner cannot agree on the period. measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Director-General for resolution.
5.1.1 WWC Surface Facilities No exceedances of noise criteria have been identified so far in Q1 2013. WWC operates under its Surface Equipment Maintenance Plan: West Wallsend Colliery ( Xstrata Coal, March 2013), its Surface Mobile Equipment Maintenance Plan: West Wallsend Colliery (Xstrata Coal, August 2011), its Development Maintenance Plan: West Wallsend Colliery (Xstrata Coal, October To reduce noise levels from WWC operations, the following noise mitigation 5.1.1 2012), and its Conveyor Maintenance Plan: Complies measures have been implemented: West Wallsend Colliery (Xstrata Coal, April 2011) . Auditors also viewed examples of daily and weekly maintenance inspection schedules. These works at the Bradford Breaker were completed in December 2012, and the 10 dB(A) reduction was achieved (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)). Regular maintenance of all equipment and machinery to ensure it is maintained and operated in a proper and efficient manner; Operation of mobile plant equipment (dozer, dump truck, grader) with reversing alarms set on the lowest level; with some reversing alarms replaced with a “quacker” style alarm which is not tonal in nature; Minimising the use of mobile plant and equipment during the night time wherever possible; Full or partial enclosure of surface coal conveyors; Partial enclosure of conveyor drive heads; Installation of a noise attenuation curtain on the conveyor transfer points adjacent the Bradford Breaker, above the 2000T ROM Bin; Maintenance of a ‘plug’ in the bottom of the ROM coal bin to reduce the banging of coal falling into the bin; Tar sealing and maintenance of the private haul road from West Wallsend Colliery to the MCPP to reduce the noise from empty haul trucks;
60302473 Appendix O 1 AECOM
Reference Requirement Evidence Audit Finding Noise Management Plan West Wallsend Colliery (Xstrata Coal) 4.1 Noise CriteriaEnforcement of speed restrictions on site access; Installation of a noise impact polymer under the grizzley chute wear plates to reduce coal impact noise through the delivery shute to the Bradford Breaker; Conveyor curtain screening was installed around strategic sections of the Bradford Breaker infrastructure to further assist with reducing directional noise toward residential areas; and Construction and installation of acoustic cladding over the body of the Bradford Breaker. Whilst this commitment has been achieved, WWC will continue to investigate The West Wallsend Colliery Noise additional opportunities for noise reductions as part of the mines continuous Compliance Report: Bradford Breaker 5.1.1 improvement process. Complies (Global Acoustics, April 2013) was prepared The status and effectiveness of these noise reduction measures will be reported in to meet these requirements. the Annual Review. 5.1.2 The No. 2 Vent Fan WWC has also established a private noise agreement with the private resident adjacent to the No.2 Ventilation Fan. In the event the capacity of the No.2 Fan is This has not been required during the audit 5.1.2 required to be increased for operational purposes, the performance/noise impacts Not Triggered period. of the No. 2 Vent Fan will be assessed and additional controls will be established as necessary to comply with the PSNLs. 5.2 Continuous Improvement The basis for continuous improvement of noise performance will be through the ongoing monitoring of noise impacts and the corrective/preventative action process The West Wallsend Colliery Noise (refer to Section 7.4). Through the development of corrective/preventative actions, Compliance Report: Bradford Breaker WWC will investigate ways to reduce the noise impacts generated by the (Global Acoustics, April 2013) was prepared 5.2 Complies operation. WWC will also maintain awareness of new technologies for noise to meet these requirements. Section 3.9.3 of management through participation in relevant industry groups. Any new mitigation the Annual Review 2012 contains this measures that are implemented as a result of these investigations will be reported information. in the Annual Review. 5.3 Training This is included in such training mechanism To ensure the effective implementation of this NMP, WWC employees and as the WWC General Environmental contractors will be advised of noise management requirements via the WWC Awareness Training, the Glencore Xstrata 5.3 general induction. Additional noise management training, including toolbox talks, Complies Induction and Site Familiarisation training, will be provided as necessary to employees and contractors who require specific crew talks, and the WWC Annual Contractor skills or knowledge relating to noise management. Forum. 6.1 Noise Monitoring Program This noise monitoring continues to be undertaken, as outlined in Section 3.9 of the Noise monitoring at WWC will be undertaken in accordance with the requirements Annual Review 2012. It is noted that noise is of the Project Approval and in accordance with the recommendations within the not monitored at R7 as a private agreement 6.1 2013 WWC Noise Compliance Report. A summary of the attended and unattended has been entered into with that landowner, Complies noise monitoring locations t WWC are outlined in Table 6.1. All noise monitoring and R8 monitoring has not commenced as locations are shown on Figure 6.1 and Figure 6.2. construction of the MSF did not commence during the audit period (Annual Review 2012).
60302473 Appendix O 2 AECOM
Reference Requirement Evidence Audit Finding Noise Management Plan West Wallsend Colliery (Xstrata Coal) 4.1 Noise Criteria This noise monitoring continues to be undertaken, as outlined in Section 3.9 of the The attended noise monitoring program includes 17 monitoring locations, 7 of Annual Review 2012. It is noted that noise is which are detailed in the Project Approval, with the remaining 10 (P1-P10) outlined not monitored at R7 as a private agreement in the 2013 WWC Noise Compliance Report. Two real time noise monitoring units 6.1 has been entered into with that landowner, Complies (SentineX 67 and SentineX 68) are located in the suburbs of Killingworth and and R8 monitoring has not commenced as Barnsley respectively and the data from these SentineX units will be used to construction of the MSF did not commence supplement the attended noise monitoring data. during the audit period (Annual Review 2012). 6.1.1 Unattended Real-Time Noise Monitoring This information is recorded, as summarised 6.1.1 The unattended continuous noise monitors record the following information: Complies in Appendix 2 of the Annual Review 2012. The date and time; The LAeq for each 15 minute interval; The LAmin, LA90, LA10 and LAmax for each 15 minute interval; The 15 minute one-third octave LAeq noise levels corresponding to the LAeq 15 minute interval; The LAeq, period (where period = day, evening and night) for each 24 hour interval; The maximum LA1, 1 minute noise level recorded over a predefined 15 minute night time measurement period; Continuous weather data monitoring for wind direction, speed and temperature; and Continuous mp3 file recording for subsequent playback. 6.1.2 Attended Noise Monitoring
Attended noise monitoring will be undertaken quarterly at the locations nominated in Table 6.1, Figure 6.1 and Figure 6.2. Attended monitoring will be undertaken within 30 metres of a private residence where possible, excluding P1-P10. The attended noise monitoring survey is used to quantify and describe the acoustic During the audit, interviews with WWC environment at the monitoring location. The results are then compared with the 6.1.2 environment personnel confirmed that this is Complies noise criteria defined in Section 4 to determine whether WWC are in compliance the process that is followed. with noise criteria defined within the Project Approval. The results from P1-P10 will be reviewed against past results outlined within the 2013 WWC Noise Compliance Report to identify mitigation and attenuation measures effectiveness and potential maintenance requirements.
Section 3 of the (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013) indicates that Each quarterly attended noise survey comprises at least three 15-minute noise monitoring at WWC is undertaken in measurements at each location (as a minimum one day, one evening and one accordance with the EPA’s Industrial Noise night measurement), excluding P1-P10 which will comprise of one 2 minute Policy guidelines, and Australian Standard sample per location during the day. Although atmospheric conditions most likely to 6.1.2 AS 1055 Acoustics, description and Complies enhance noise propagation occur most frequently at night, it is necessary to also characterise day, evening and noise emissions for comparison with the noise measurement of environmental noise . assessment criteria. For each 15 minute monitoring period, the following Atmospheric condition measurement was information will be recorded: also undertaken. Compliance with these standards during monitoring and reporting indicates that the relevant methodology requirements have been met. Operator’s name; Monitoring location; Dates and times that monitoring began and ended at each location; Height of the microphone above the ground and, if relevant, distances to building facades or property boundaries; Qualitative/quantitative meteorological data such as temperature, wind speed, wind direction, cloud cover, humidity, fog, rainfall or opinions as to the onset or breakup of temperature inversions; Instrument calibration details before and after the monitoring period; The LAeq,15minute noise level for the 15-minute period; Statistical noise level descriptors over the 15-minute interval: LAmin, LA90, LA10, LA1 and LAmax; LA1,1minute noise levels (to allow comparison with the relevant sleep arousal criteria); Notes that identify the noise source that contribute to the peak noise levels (LA1 or LAmax) and noise sources that contribute to the overall noise environment or for periods of time when a specific noise source is audible presented on a run-chart of the recorded noise levels; An estimate of the noise contribution from operations at WWC or from other identifiable noise sources; Measurements in one-third octave bands for the 15-minute interval to assess if any of the noise sources exhibit tonal characteristics that may require modifying factors to be applied; and Data suitable for assessing the relative contribution of mine-generated noise to the overall noise being measured.
60302473 Appendix O 3 AECOM
Reference Requirement Evidence Audit Finding Noise Management Plan West Wallsend Colliery (Xstrata Coal) 4.1 Noise Criteria Section 3 of the (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013) indicates that noise monitoring at WWC is undertaken in accordance with the EPA’s Industrial Noise In accordance with the methodology outlined in Section 3.4 of the INP (EPA, Policy guidelines, and Australian Standard 2000), if any of the data in a 15 minute period is affected by rain or wind speeds in 6.1.2 AS 1055 Acoustics, description and Complies excess of 5 m/s then another entire 15 minute period of data unaffected by rain or excessive wind shall be undertaken. measurement of environmental noise . Atmospheric condition measurement was also undertaken. Compliance with these standards during monitoring and reporting indicates that the relevant methodology requirements have been met.
6.1.3 Meteorological Monitoring The local meteorological data collected during the attended monitoring program and by the unattended noise monitoring units will be supplemented by more This is the information that is captured, as 6.1.3 Complies detailed records from the WWC weather station which was installed in late 2012. per Section 3.1 of the Annual Review 2012. The meteorological data recorded by the weather station include: Wind speed, wind direction and sigma-theta at 10 metres above ground level; Temperature at 2 metres and 10 metres above the ground; Rainfall. 6.2 Independent Review and Land Acquisition Process In the event that a landowner considers that WWC is exceeding noise criteria at his or her property, the landowner may request an independent review of the noise This has not been required during the audit 6.2 impacts at the property. The independent review will be conducted in accordance Not Triggered period. with the procedure described in Schedule 5, Conditions 2 to 5 of the Project Approval (refer to Appendix 3). 7.2 External Reporting A summary of noise monitoring results will be provided in the WWC Annual This information is contained in Section 3.9.3 7.2 Complies Review. of the Annual Review 2012. In addition, in accordance with Protection of the Environment Legislation As noise monitoring is not required under Amendment Act 2011 (Amendment Act) and Schedule 6, Condition 8 of the EPL 1360, these noise monitoring results Project Approval, WWC will also publish noise monitoring reports on the WWC are not required to be made available on the 7.2 website (http://www.westwallsendcolliery.com.au ). Performance monitoring, which WWC website. A summary of noise Complies includes an assessment of the effectiveness of noise monitoring and compliance monitoring data from the 2012 reporting with the relevant Project Approval and EPL conditions, may be discussed at period is contained within the Annual Review Community Consultative Committee (CCC) meetings. 2012 which is available online. 7.2.1 Noise Criteria Exceedance Reporting Protocol During the Q3 2012 noise monitoring, some exceedances of the previous 2012 noise Exceedances of noise criteria will be classified as environmental incidents and will criteria were identified. Suring 2012, 7 be managed in accordance with WWC SD PRO 0036 Community Complaint and complaints were also received regarding Environmental Incident Management Procedure. In accordance with this noise at WWC. Since that time, further noise procedure, all environmental incidents will be investigated to a level attenuation works have been undertaken. 7.2.1 Complies commensurate to their risk level, in consultation with the OCAL Environment and Monitoring results since have showed that Community Manager. Additional controls will be implemented where required, WWC is compliant with these criteria post- based on the outcomes of the investigation. All environmental incidents / implementation of noise attenuation exceedances will be reported annually in the Annual Review. measures (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)). 7.3 Complaint Response Complaints relating to WWC are to be managed in accordance with WWC SD PRO 0036 Community Complaint and Environmental Incident Management This was confirmed during interviews with Procedure. This includes recording the complaint on the WWC incident report 7.3 WWC environment personnel conducted by Complies form, which is to be forwarded to the OCAL Environment and Community Manager the site auditors. to facilitate that corrective actions are implemented, with the report also to be circulated to the Operations Manager.
The OCAL Environment and Community Manager is to facilitate that Xstrata’s complaint notification requirements are undertaken in accordance XCN SD PRO Community Complaints Register is 7.3 0011 Reporting Critical and Other Serious Incidents. A summary of complaints will Complies maintained on WWC website. be available to regulatory authorities on request, published on the WWC website and provided in the Annual Review.
60302473 Appendix O 4 AECOM
Reference Requirement Evidence Audit Finding Noise Management Plan West Wallsend Colliery (Xstrata Coal) 7.44.1 Corrective/PreventativeNoise Criteria Actions Potential noise related issues that may arise and the appropriate corrective action 7.4 Complies to be taken is outlined is Table 7.1.
During the Q3 2012 noise monitoring, some exceedances of the previous 2012 noise criteria were identified. Suring 2012, 7 complaints were also received regarding noise at WWC. Since that time, further noise attenuation works have been undertaken. Monitoring results since have showed that WWC is compliant with these criteria post- implementation of noise attenuation measures (West Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013)).
8.0 Review and Improvement This has occurred during the audit period, Ongoing monitoring and review on the performance and implementation of this as evidence by the West Wallsend Colliery 8 NMP will be undertaken in accordance with WWC Environmental Management Complies 2013 Annual Review of Environmental Strategy (WWC SD FWK 0013). Management Plans .
The Noise Management Plan West Wallsend Colliery (Xstrata Coal) was submitted to DP&I and the EPA branch of OEH on 24 July 2012. This plan was also provided to LMCC. Comments were received from DP&I on 10 August 2012. The EPA responded on 27 July 2012, stating that, while they supported the implementation of such plans, they would not review and provide comments on the plan. On 20 In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary December 2012 WWC received comments revise, the strategies, plans, and programs required under Project Approval to the from LMCC. On 21 June 2013, WWC satisfaction of the Director-General, within 3 months of the submission of: resubmitted this plan to DP&I after updating (a) the submission of an annual review under condition 4 above; it to include the outcomes of updated noise (b) the submission of an incident report under condition 7 below; 8 management measures as per the Noise Complies (c) the submission of an audit report under condition 9 below; and Compliance Report. WWC is still awaiting (d) any modification to the conditions of this approval (unless the conditions final approval of the revised plan from the require otherwise), Director-General. On 19 May 2013, after the the Proponent shall review, and if necessary revise, the strategies, plans, and submission of the Annual Review 2012 on programs required under this approval to the satisfaction of the Director-General. 30 April 2013, WWC undertook a review of its management plans as per Condition 5(a), Schedule 6 of the Project Approval. It has been identified that the Noise Management Plan will require further updates to analyse the progress of new noise mitigation works. The required timeframe for this resubmission to the Director-General is 31 July 2013 which falls outside of the timeframe for this IEA.
This has occurred during the audit period, as evidence by the West Wallsend Colliery The Environment and Community Manager (or delegate) will review and if 2013 Annual Review of Environmental necessary, revise this NMP and resubmit to DP&I every year or earlier if required. Management Plans . WWC resubmitted this Any changes made to the NMP as a result of the review will be made in plan to DP&I after updating it to include the consultation with OEH and LMCC. A copy of the revised NMP will be supplied to 8 outcomes of updated noise management Complies the Director General of DP&I for approval. The NMP will reflect changes in measures as per the Noise Compliance environmental requirements, technology and operational procedures. Updated Report. WWC is still awaiting final approval versions of the approved NMP will be made publicly available on the WWC of the revised plan from the Director- website (http://www.westwallsendcolliery.com.au/). General. As such, the plan cannot yet be made available on the WWC website.
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Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit
Appendix P
Audit Protocol: Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit P-1
Appendix P Audit Protocol: Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.6.1 Groundwater Quality WWC currently monitor groundwater quality at the LW 11 discharge point at Westside Mine. Groundwater quality monitoring undertaken includes pH, EC and TSS. WWC will review the current monitoring regime for LW 11 and undertake This information was contained in the monthly groundwater quality monitoring to include sampling of heavy metals geomorphic monitoring and inspection record 4.6.1 Complies concentrations of groundwater inflows to the underground operations to provide dated 4 January 2013, for Point 4 at LM40 that information to assist in managing on site water quality. Information regarding water was sighted by the auditors. quality sampling for EPA Point 2 (which includes heavy metals monitoring) is included in the WWC SWMP. 5.1 Channel Stability Monitoring During the site visit, auditors viewed an example Channel stability monitoring locations are shown on Figure 6. A summary of the of a geomorphic monitoring and inspection 5.1 Complies monitoring requirements are outlined in the Table 5.1 and 5.2. record dated 4 January 2013, for Point 4 at LM40. The following parameters (refer to Table 5.1) will be monitored in order to provide an assessment against EA and Watercourse Stability Report (Umwelt, 2012) During the site visit, auditors viewed an example predictions of subsidence in the sections of Cockle Creek, Diega Creek and of a geomorphic monitoring and inspection 5.1 Palmers Creek within the continued underground mining area. The intent of the Complies record dated 4 January 2013, for Point 4 at monitoring program is to record adjustments to LM40. morphology/sedimentology/hydrology over the life of mining. A copy of the inspection form to be used is included as Appendix 3. This information was contained in the geomorphic monitoring and inspection record 5.1 The following steps are required to be undertaken for each monitoring period: Complies dated 4 January 2013, for Point 4 at LM40 that was sighted by the auditors. 1. Record all cross-sections and longitudinal profiles (refer to Table 5.1). 2. Record all required parameters (refer to Table 5.1); 3. Record all required water quality parameters (refer to Table 5.1) 4. Take photographs at each monitoring point using the following procedure: - At least one photograph from the monitoring point looking downstream; - At least one photograph from the monitoring point looking upstream; and - At least one photograph from the left bank to the right bank (left/right when facing downstream) to obtain a cross-section view of the channel. 5. Assess whether any changes to the watercourses require mitigation works.
5.1.1 Timing of Monitoring Events During the site visit auditors viewed a pre-mining geomorphic monitoring and inspection form The subsidence monitoring of the watercourses will be undertaken at the following 5.1.1 dated 15 June 2012 at Point 4 for LW40. A post- Complies times: mining storm event form dated 29 January 2013 for MP 4 at LW 40 was also viewed. Prior to subsidence; Immediately after the first post-mining storm event of 50 mm or more over a 24 hour period; 3 to 6 months post mining (i.e. when subsidence is complete); and 12 to 18 months post mining.
60302473 Appendix P 1 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.6.1 Groundwater Quality Table 5.2 presents the channel stability monitoring schedule. The following channel During the site visit, auditors viewed examples of 5.1.1 Complies stability monitoring will be undertaken at all monitoring locations shown on Figure 6. this geomorphic monitoring.
5.2 Management Measures All channel stability management measures will be undertaken in consultation with This has not been required during the audit 5.2 Not Triggered NOW and OEH. period. 5.2.1 In-Stream Works During the site visit, auditors viewed WWC In accordance with Statement of Commitment Condition 6.4.2, WWC will undertake budget documents and invoice records to 5.2.1 remediation works within the SSCA to the value of $50,000 per annum over the life Complies confirm that this expenditure target has been of the Project, in consultation with OEH. met. WWC will investigate the need for in-stream works as part of the geomorphologic monitoring program outlined in Section 5.1. Any requirements for in-stream works identified as part of this monitoring program will be reported in the Annual Review. Pre-mining inspections of the head-cut in Diega Creek above LW41 indicated that This has not been required during the audit 5.2.1 stabilisation works would be most effective after subsidence of the area had been Not Triggered period. completed to allow for the long-term stability of any remedial works. Therefore, a further assessment will be completed following the completion of LW41. Stabilisation works are likely to include natural materials such as felled trees, as outlined in the Project Approval. Such works require minimal access by machinery and are typically labour intensive; as such it is envisaged that existing access tracks, including vehicle and motorbike tracks, could be used to access the areas where works are required. Where new This has not been required during the audit 5.2.1 Not Triggered tracks are required, works will be undertaken in accordance with the WWC period. Biodiversity Management Plan and the WWC clearance for work procedure will be followed. 5.2.2 Surface Cracking Remediation
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration and subsidence management activities. Interviews with WWC environment personnel confirmed that this is the process that is undertaken. Site auditors also viewed copies Surface disturbance works to remediate cracking will be undertaken in accordance of pre-clearance documentation. Arch GIS 5.2.2 with the OCAL Clearance for Work Procedure and Surface Cracking Remediation mapping is also used to identify and avoid if Complies procedures. possible any relevant biodiversity constraints. An erosion and sediment control plan is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
60302473 Appendix P 2 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.6.1 GroundwaterIf subsidence Quality cracking occurs within drainage lines, remediation strategies may This has not been required during the audit 5.2.2 Not Triggered include: period. Self healing mechanisms; and Grouting. Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration and subsidence management These works will be undertaken to fill cracks at the surface and limit potential activities. Interviews with WWC environment ingress of surface run-off into the underground mining operations. As any cracking personnel confirmed that this is the process that will appear very rapidly on the surface after longwall mining, regular checking and is undertaken. Site auditors also viewed copies resealing of the cracks will be undertaken. These progressive resealing works will of pre-clearance documentation. Arch GIS reduce the potential for loss of surface flows due to subsidence cracking. 5.2.2 mapping is also used to identify and avoid if Complies Subsidence remediation works will also be undertaken in accordance with the possible any relevant biodiversity constraints. An WWC Biodiversity Management Plan (prepared as part of the WWC Extraction erosion and sediment control plan is required for Plan), which includes the requirement for due diligence surveys (through the OCAL any surface disturbance works. WWC Clearance for Work procedure) and also provides details of erosion and sediment Environment and Community Manager and control implementation for clearance activities. Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval. During the site visit, auditors viewed Surface cracking remediation that requires the grouting of subsidence cracks will be photographic evidence and in-field evidence of 5.2.2 undertaken in accordance with the grouting procedure provided as Appendix 15 of Complies grouting remediation works to manage the WWC Extraction Plan. subsidence impacts. 6.0 Groundwater Monitoring During 2012 WWC extracted and discharged 1213.4 ML of groundwater from LW11 borehole, in excess of the current groundwater licence If an exceedance of any groundwater criteria or trigger levels is identified, then the 20BL169793 limit of 360 ML per annum, and in 6 Surface Water and Groundwater Response protocol, refer to Section 7.0, shall be Complies exceedance of the proposed variation to that utilised. annual limit of 1000 ML. As reported in Section 3.4.2 of the Annual Review 2012, this triggered the TARP. WWC will continue to maintain the existing groundwater monitoring network and also undertake regular analysis of groundwater monitoring data to compare predicted and actual groundwater impacts. This will include groundwater make in Operations at WWC continue to be undertaken in 6 Complies the underground operations which is discharged at Westside Mine and potentially this manner. pumped to the surface at the WWC Pit-top and discharged via EPA Point 2 (refer to WWC SWMP). Groundwater monitoring locations are shown on Figure 5.
Prior to commencement of longwall mining in Longwall 46, WWC will review the This has not been required during the audit 6 need for establishment of alluvial monitoring in Diega Creek and Cockle Creek in Not Triggered period. consultation with NOW and to the satisfaction of DP&I. 6.1 Monitoring Standards Groundwater monitoring at WWC will be undertaken in accordance with: Interviews with WWC environment staff 6.1 relevant Australian Standards, legislation and DECCW approved methods for confirmed that the relevant standard followed Complies sampling, including but not limited to: here is AS/NZS 5667.11:1998. AS/NZS 5667.1:1998. Water Quality – Sampling – Guidance on the Design of Sampling Programs, Sampling Techniques, and the Preservation and Handling of Samples; AS/NZS 5667.11:1998. Water Quality - Sampling - Guidance on Sampling of Groundwaters; Department of Environment and Conservation (DEC), 2004. Approved Methods for the Sampling and Analysis of Water Pollutants in New South Wales; and Department of Infrastructure, Planning and Natural Resources (DIPNR), 2003. Groundwater Monitoring Guidelines for Mine Sites within the Hunter Region; and Procedures for environmental monitoring and evaluation outlined in the Environmental Management Strategy (EMS) for WWC. During the site visit, auditors viewed an example All groundwater monitoring data will be retained in an appropriate format on-site of a geomorphic monitoring and inspection 6.1 and will be used to review the effectiveness of the WWC water management Complies record dated 4 January 2013, for Point 4 at system on an ongoing basis. LM40. Interviews with WWC environment staff A monthly review and assessment of groundwater monitoring data will be confirmed that AURECON completes a monthly 6.1 undertaken in accordance with WWC procedures and will include consideration of Complies report on this. This is also discussed as part of relevant meteorological and rainfall data. WWC's monthly internal monitoring summary.
60302473 Appendix P 3 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) Groundwater4.6.1 Groundwater Levels Quality A program to predict, manage and monitor impacts on groundwater bores on During the site visit auditors viewed monthly privately owned land will be undertaken by WWC is detailed in Section 6.3.2. 6.2 inspection reports prepared by AURECON and Complies Details of the groundwater monitoring locations are presented in Table 6.1 and are containing this data. shown on Figure 5.
During the site visit auditors viewed monthly A monthly review and assessment of water level monitoring data will be undertaken inspection reports prepared by AURECON and 6.2 in accordance with Section 6.1 and will include consideration of relevant containing this data. This is also discussed as Complies meteorological and rainfall data. part of WWC's monthly internal monitoring summary. 6.3 Groundwater Impact Assessment Criteria During the site visit auditors viewed monthly inspection reports prepared by AURECON and All monitoring data collected as part of this plan needs to be assessed against 6.3 containing this data. This is also discussed as Complies suitable criteria in order to: part of WWC's monthly internal monitoring summary. determine if groundwater extraction volumes are within licence conditions and modelled predictions; and identify deviations from the baseline groundwater level trends (refer to Section 4.6.2). If deviations from baseline alluvial aquifer groundwater monitoring trends are identified, the Trigger Action Response Protocol (TARP) provided in Section 7.1 will be implemented. 6.3.1 Groundwater Extraction It is planned to re-use groundwater extracted from the WWC underground This was confirmed during audit interviews with 6.3.1 workings. Further details regarding the water re-use project are provided in the WWC environmental personnel, and during the Complies WWC SWMP. site inspection undertaken by the site auditors. 6.3.2 Groundwater Levels The groundwater bores shown in Table 6.1 are monitored for groundwater level. Groundwater level data is downloaded monthly. WWC has developed triggers for two (Q2 & p3) of the three alluvial groundwater areas downslope of the continued underground mining operations area. The groundwater bore (D4) in the third alluvial groundwater area on Diega Creek has generally been dry since monitoring This has not been required during the audit 6.3.2 commencing in February 2009 with the highest water table level recorded being Not Triggered period. only 0.53 metres above the base of the bore. Monitoring during mid 2012 indicated a slight rise in the level of this bore, although a review of available groundwater data (Umwelt 2012) for this bore confirmed there is insufficient groundwater data to develop a triggers level at present however; this will be reviewed again in the future. Following receipt of groundwater monitoring results, WWC review the data for potential anomalies that may suggest aquifer impact has occurred (refer to Section Section 3.4.1 of the Annual Review 2012 6.3.2 7.1 for triggers). Where anomalous data is identified, consultation will be Complies contains this information. undertaken with groundwater experts where required. Trends in groundwater levels will be reported in the WWC Annual Review. 6.4 Groundwater Inflows Groundwater extraction will be monitored during the completion of the annual site This site water balance was included in Section 6.4 water balance. The WWC site water balance is described in detail in the WWC Complies 3.3.4 of the Annual Review 2012. SWMP.
60302473 Appendix P 4 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.6.1 Groundwater Quality During 2012 WWC extracted and discharged Groundwater inflows will also be estimated on a monthly basis to confirm no 1213.4 ML of groundwater from LW11 borehole, impacts are occurring to the groundwater systems. This will be assessed through in excess of the current groundwater licence the monitoring of water extraction from LW11. In the event that pump records within 20BL169793 limit of 360 ML per annum, and in 6.4 Complies the underground workings indicate that anomalous volumes of groundwater are exceedance of the proposed variation to that being pumped from the underground workings, the TARP in Section 7.1 will be annual limit of 1000 ML. As reported in Section initiated. 3.4.2 of the Annual Review 2012, this triggered the TARP. 6.5 Groundwater Extraction Site water management data will be collected in accordance with the relevant site procedures and will be used during the preparation of the Annual Site Water This site water balance was included in Section 6.5 Complies Balance to determine the volume of groundwater extraction from hardrock/coal and 3.3.4 of the Annual Review 2012. from groundwater systems (refer to WWC SWMP). 6.6 Groundwater Quality The Surface Water Management Plan West Details of groundwater monitoring undertaken at LW11 and EPA Point 2 will be 6.6 Wallsend Colliery (Xstrata Coal) fulfils these Complies included in the WWC SWMP. requirements. 7.1 Impacts on Groundwater Systems During 2012 WWC extracted and discharged 1213.4 ML of groundwater from LW11 borehole, in excess of the current groundwater licence In the event that the monitoring programs identify potential impacts on the 20BL169793 limit of 360 ML per annum, and in 7.1 Complies groundwater systems, the TARP as outlined in Table 7.1 is to be implemented. exceedance of the proposed variation to that annual limit of 1000 ML. As reported in Section 3.4.2 of the Annual Review 2012, this triggered the TARP.
An investigation report on the incident is still being finalised.
7.2 Failure of Erosion and Sediment Controls for Subsidence Remediation Works On 29 January, In contravention of Condition When an inspection identifies the failure of erosion and sediment control measures L3.1, an unmetered discharge of water was including sediment dams, catch drains or diversion drains, the cause of the failure observed from the surface water management will be identified and appropriate actions developed to reinstate the control discharge dam known as Bottom Dam, which is 7.2 Complies measure. In the event that an inspection identifies that a temporary erosion and linked to EPL Point 2. On 1 March 2013 sediment control structure (e.g. sediment fence) has failed, the supervisor or task unmetered discharge was also observed from coordinator will be responsible for reinstating the relevant control. the Bottom Dam and the North East Dam. The TARP was followed at this time. In the event that the erosion and sediment control maintenance and inspection 7.2 program identifies a failure of erosion and sediment control structure, the TARP as outlined in Table 7.2 is to be implemented.
On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point 2. On 1 March 2013 unmetered discharge was also observed from Complies the Bottom Dam and the North East Dam. The TARP was followed at this time.
60302473 Appendix P 5 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 7.34.6.1 Complaints Groundwater Management Quality Protocol A 24 hour general contact number is provided on WWC provides a contact number for the community for complaints or enquiries WWC's website. A separate phone number for regarding the operations of WWC. The contact details are advertised on the West 7.3 community complaints and enquiries is also Complies Wallsend Colliery website and will also be communicated via the distribution of the provided on the website, and it is advised that OCAL community newsletter. this number is available during business hours. All complaints will be thoroughly investigated by the WWC Environment and Community Manager in accordance with WWC’s Community Complaint and Environmental Incident Management Procedure. It is the objective of the WWC This has not occurred during the audit period in 7.3 Not Triggered EMS that a consistent approach is maintained for the handling of complaints. In the relation to groundwater management. event that a complaint is received, the TARP’s as outlined in Table 7.3 will be implemented.
The TARP outlined in Table 7.4 will be implemented in the event that a complaint is This has not occurred during the audit period in 7.3 Not Triggered received from a landowner regarding depressurisation of a water supply or bore. relation to groundwater management.
7.4 Impacts on Channel Stability Should impacts (i.e. increase in erosion) be identified in channels within the continued underground mining area, then monitoring and management works within watercourses will be undertaken as outlined in Section 5.0. Works within watercourses and riparian zones will only commence after the necessary approvals This has not occurred during the audit period in 7.4 Not Triggered have been sought (where required). When work is required within watercourses, relation to groundwater management. work will be in accordance with guidelines from Managing Urban Stormwater: Soils and Construction Volume 1 (Landcom, 2004) and Volumes 2A, 2C, 2D and 2E (DECC, 2008) (the Blue Book).
60302473 Appendix P 6 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 4.6.1 GroundwaterThe TARPQuality outlined in Table 7.5 will be implemented in the event that channel This has not occurred during the audit period in 7.4 Not Triggered stability impacts are identified. relation to groundwater management.
7.5 Unforseen Impacts Protocol In the event of unforeseen impacts associated with surface waters or groundwater This has not occurred during the audit period in 7.5 Not Triggered at WWC, the following protocol will be implemented: relation to groundwater management. Conduct a preliminary review of the nature of the impact, including: - Any relevant monitoring data; and - Current mine activities and land use practices; Commission an investigation into the unforeseen impact to confirm cause and effect and consider relevant options for amelioration of impact(s) as appropriate; Prepare an action plan in consultation with the appropriate regulatory agency; Mitigate causal factors where possible; and Implement additional monitoring as necessary to measure the effectiveness of the controls implemented. The outcomes of the investigations into any unforeseen impacts and the This has not occurred during the audit period in 7.5 controls/remediation actions implemented will be undertaken in consultation with Not Triggered relation to groundwater management. DP&I, NOW and OEH and will be reported in the Annual Review. 8.1 Environmental Incidents During 2012 WWC extracted and discharged 1213.4 ML of groundwater from LW11 borehole, in excess of the current groundwater licence All environmental incidents will be investigated to a level commensurate to their risk 20BL169793 limit of 360 ML per annum, and in 8.1 level in consultation with the OCAL Environment and Community Manager. All exceedance of the proposed variation to that Complies environmental incidents are to be reported annually in the Annual Review. annual limit of 1000 ML. As reported in Section 3.4.2 of the Annual Review 2012, this triggered the TARP. An investigation on this incident is still being finalised. Section 3.4 of the Annual Review 2012 contains 8.1 All environmental incidents are to be reported in the Annual Review. Complies this information. 8.2 External Reporting A summary of WMP monitoring results will be provided in the WWC Annual This is included in Section 3.4 of the Annual 8.2 Complies Review. Review 2012. In addition, any significant findings regarding the implementation of the WMP will be This is included in Section 3.4 of the Annual 8.2 Complies reported in the Annual Review. Review 2012. The Annual Review will also document complaints relating to the performance, This has not been required during the audit 8.2 Not Triggered maintenance and/or failure of the WWC water management system. period. Performance monitoring, which includes an assessment of the effectiveness of water controls and compliance with the relevant Project Approval and EPL This was noted, however the audit did not require 8.2 Not Triggered conditions, may be discussed at Community Consultative Committee (CCC) a finding to be made on this point. meetings where water quality related complaints occur. 8.3 Community Consultation Site water management issues of interest to the community will be addressed in Auditors viewed copies of CCC minutes where regular CCC meetings in accordance with Condition 6 of Schedule 6 of the Project water issues have been mentioned. The Approval. CCC meetings will be conducted in general accordance with the formation of the Community Consultative 8.3 Guidelines for Establishing and Operating Community Consultative Committees for Complies Committee according to these guidelines is Mining Projects (Department of Planning, 2007, or its latest version). Specific reported on in Section 4.2 of the Annual Review issues relating to individual landowners and residents will be addressed directly by 2012. the Environment and Community Manager as required. A copy of the water monitoring results reported in the Annual Review will be made This is included in Section 3.4 of the Annual 8.3 publically available in accordance with Condition 11 of Schedule 6 of the Project Complies Review 2012. Approval. 8.4 Monitoring Records
In accordance with EPL condition M1 and as per WWC document control During the site visit, auditors viewed EPL records 8.4 Complies procedures, monitoring records will be maintained on site for at least 4 years. to be maintained according to this Condition M1.
60302473 Appendix P 7 AECOM
Reference Requirement Evidence Audit Finding Water Management Plan West Wallsend Colliery (Xstrata Coal, March 2013) 9.04.6.1 Review Groundwater and Improvement Quality This has occurred during the audit period, as Ongoing monitoring and review on the performance and implementation of this evidence by the West Wallsend Colliery 2013 9 WMP will be undertaken in accordance with WWC Environmental Management Complies Annual Review of Environmental Management Strategy. Plans . On 19 May 2013, after the submission of the In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary Annual Review 2012 on 30 April 2013, WWC revise, the strategies, plans, and programs required under Project Approval to the undertook a review of its management plans as satisfaction of the Director-General, within 3 months of the submission of: per Condition 5(a), Schedule 6 of the Project (a) the submission of an annual review under condition 4 above; Approval. It has been identified that the Water (b) the submission of an incident report under condition 7 below; 9 Management Plan will require further as a result Complies (c) the submission of an audit report under condition 9 below; and of 100 ML per month groundwater limits (d) any modification to the conditions of this approval (unless the conditions require triggering the TARP during 2012. The required otherwise), timeframe for this resubmission to the Director- the Proponent shall review, and if necessary revise, the strategies, plans, and General is 31 July 2013 which falls outside of the programs required under this approval to the satisfaction of the Director-General. timeframe for this IEA. The Environment and Community Manager (or delegate) will review and if necessary, revise this WMP and resubmit to DP&I every year or earlier if required. This has occurred during the audit period, as Any changes made to the WMP as a result of the review will be made in evidence by the West Wallsend Colliery 2013 consultation with OEH and NOW. A copy of the revised WMP will be supplied to 9 Annual Review of Environmental Management Complies the Director General of DP&I for approval. The WMP will reflect changes in Plans . A copy of this plan is currently available environmental requirements, technology and operational procedures. Updated on the WWC website. versions of the approved WMP will be made publicly available on the WWC website (http://www.westwallsendcolliery.com.au/).
60302473 Appendix P 8 AECOM Independent Environmental Audit
Appendix Q
Audit Protocol: Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit Q-1
Appendix Q Audit Protocol: Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 Aboriginal Advisory Groups The AAC will be made up of one representative of each of the registered Aboriginal parties. The representatives on the AAC will be chosen by the individual registered Aboriginal parties. The representatives on the AAC may change over the life of the During the site visit the auditors viewed AAC COA Project. Any changes to representatives on the AAC will be discussed with 6.4.2 meeting minutes from 31 May 2013 fulfilling Complies WWC and WWC will be provided the opportunity to discuss mutually agreed these requirements. replacements. In the event that an AAC member is unavailable to participate in activities for WWC, they may nominate a representative to act on their behalf, in consultation with WWC. 6.4.3 Aboriginal Cultural Heritage Management Committee During the site visit the auditors viewed AAC meeting minutes from 31 May 2013 indicating The AAC will form part of the Aboriginal Cultural Heritage Management Committee the involvement of these personnel. Umwelt 6.4.3 (ACHMC). As facilitation and implementation of the ACHMP will require the Complies consulting undertake most of the participation of WWC, the ACHMC will include: archaeological work at WWC, and these personnel are accepted by the RAPs. The WWC Environment and Community Manager; The WWC Subsidence Management Coordinator (responsible for the day to day implementation and periodic review of the ACHMP); and An on call suitably qualified archaeologist (responsible for the management of archaeological recording, monitoring, salvage and reporting) or other specialists e.g. an on call anthropologist.
The suitably qualified on call archaeologist should be a person that is endorsed by the AAC and WWC and should have a demonstrated knowledge of the Umwelt consulting undertake most of the 6.4.3 archaeological values of the WWC COA and broader Sugarloaf Range area. It is archaeological work at WWC, and these Complies not necessary that it is always the same archaeologist, as long as they meet the personnel are accepted by the RAPs. approval of the ACHMC and have the appropriate knowledge of the WWC COA.
6.5 Dispute Resolution Should disputes arise during the course of the WWC COA project regarding appropriate Aboriginal cultural heritage management outcomes, either between This has not been required during the audit 6.5 Not Triggered registered Aboriginal parties and/or between registered Aboriginal parties and period. WWC or WWC contractors, the following process will be followed: wherever possible, issues will be negotiated and resolved directly between registered Aboriginal parties and/or WWC and/or WWC contractors. Should a meeting be formally requested to discuss a dispute, all parties involved are to meet within 10 working days, registered Aboriginal parties are able to have a support person attend the meeting if requested; and
if it is a compliance issue and the issue continues to be unresolved, a dispute will be deemed to exist and WWC will seek concurrent advice from DP&I and OEH regarding the appropriate cultural heritage management outcome. 6.6 Intellectual Property Rights In the event that WWC and the registered Aboriginal parties co-develop any materials, then such materials shall be jointly owned and each party shall be able to use such materials while referencing the other. The exclusion to this will be any This has not been required during the audit 6.6 Not Triggered information developed in relation to culturally sensitive material which may be period. identified by a registered Aboriginal party for ‘non-disclosure’ and the party retain copyright (refer to Section 6.7). The intellectual property, however of any information regarding Awabakal and This was noted, however the audit did not 6.6 Aboriginal cultural heritage provided by the registered Aboriginal parties will not Not Triggered require a finding to be made on this point. pass to WWC and/or its contractor and will remain the property of the author. 6.7 Confidentiality Other than in accordance with the written agreement of WWC and the registered Aboriginal parties, no Confidential Information will be provided to any persons for any purpose other than: This has not been required during the audit 6.7 Not Triggered To enable the carrying out of the Project; or period. As required by law; or As agreed in writing by all parties.
Occasionally it becomes necessary for registered Aboriginal parties to provide information in relation to a site/artefact/area that is of a culturally sensitive nature. This type of information is generally only shared when it becomes necessary to do This has not been required during the audit 6.7 Not Triggered so to ensure appropriate management of the site/artefact/area. Information of this period. nature will not be for public disclosure. WWC will commit to recognising the rights of the registered Aboriginal parties to keep such material confidential.
7.0 Aboriginal Cultural Heritage Conservation Offset Strategy 7.1 Mine Plan Modifications WWC will ensure that no direct or indirect impact from mining related activities Mine plan for LW 44/45 has already been occurs at these sites and landscape features with the exception of the Palmers 7.1 amended to avoid impacts to the Palmers Complies Creek 3 Grinding Grooves site where they will ensure that mine plan modifications Creek 3 Grinding Grooves. lessen the potential for cracking.
60302473 Appendix Q 1 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 7.26.4.2 Aboriginal Aboriginal Cultural Advisory Heritage Groups Values Project In accordance with Project Approval (refer to Appendix 1), WWC will provide During the site visit, auditors viewed budget 7.2 funding for further investigations of the Aboriginal cultural heritage values of the papers and invoices indicating that this has Complies Sugarloaf Range area. been undertaken during the audit period. 7.2.1 ACHVP Aims The aims of the ACHVP are to provide funding to the registered Aboriginal parties During the audit period, one funding request to enable them to undertake research to build on their current knowledge of the has been received, relating to the recording of Aboriginal cultural and spiritual importance of the Sugarloaf Range area and also oral histories of local Aboriginal peoples. 7.2.1 research and gathering of information on the cultural heritage of the Awabakal Complies Interviews with WWC staff confirmed that the People and their Traditional Country so that this information will be available for project scope is currently being discussed future generations of Awabakal People and other Aboriginal and non-Aboriginal with RAPs. Peoples. Research will include but will not be limited to: The recording of oral histories; Archival research; Understanding the impacts of the early contact period and the genocide phase; Ethno-botanical mapping; Additional survey to fill in gaps in knowledge of tangible Aboriginal heritage sites and landscape features of Aboriginal cultural value and cultural mapping; Preparation of teaching materials for schools; Videoing of the Aboriginal cultural values of the Sugarloaf Range area for posterity/teaching purposes; Delineating gender specific sites and areas; and Using all of the information obtained through the project to tell the story of the Awabakal Peoples and their relationship to the Sugarloaf Range and Awabakal Lands. 7.2.2 Administration of Funding for ACHVP 7.2.2.1 Interest Bearing Deposit During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and commercial restrictions on establishing bank Not Compliant - Within the six months of Project Approval WWC will set aside the ACHVP funding 7.2.2.1 accounts, including interest bearing deposits Recommendation in an interest bearing deposit that will be administered by WWC; and trust funds, WWC has not been able to Made deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP. During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and commercial restrictions on establishing bank Not Compliant - All interest accrued on the deposit will go back into the funds to be used for further 7.2.2.1 accounts, including interest bearing deposits Recommendation research; and and trust funds, WWC has not been able to Made deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP.
If not all funds are used over the life of the mine the remaining funds will be divided This has not been required during the audit 7.2.2.1 equally amongst the registered Aboriginal parties to advance cultural heritage Not Triggered period. practices. 7.3 Funding for Specific Registered Aboriginal Party Projects During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted for this As part of its overall Conservation Offset Strategy, WWC has committed to the funding (auditors viewed copies of budget 7.3 provision of $25,000 to each of the registered Aboriginal parties as an additional Complies documentation). This is an issue of ongoing offset for specific cultural heritage projects. consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP.
60302473 Appendix Q 2 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 7.3.16.4.2 AdministrationAboriginal Advisory of Funding Groups for Specific Registered Aboriginal Party Projects 7.3.1.1 Interest Bearing Deposit During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and Within the six months of Project Approval WWC will set aside the specific commercial restrictions on establishing bank Not Compliant - 7.3.1.1 registered Aboriginal party project funding in an interest bearing deposit that will be accounts, including interest bearing deposits Recommendation administered by WWC; and trust funds, WWC has not been able to Made deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP. During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and commercial restrictions on establishing bank Not Compliant - All interest accrued on the deposit will go back into the funds to be used for 7.3.1.1 accounts, including interest bearing deposits Recommendation specific registered Aboriginal party projects; and and trust funds, WWC has not been able to Made deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP.
if not all funds are used over the life of the mine the any remaining funds from the This has not been required during the audit 7.3.1.1 individual $25,000 packages will be provided to the relevant registered Aboriginal Not Triggered period. party to advance Aboriginal cultural heritage. 7.4 Funding for Further Survey of the SSCA For WWC to be able to meet the requirements of Intergenerational Equity without Palmers Creek grinding grooves have been further modifications to the mine plan (refer to Figure 1.4), WWC must protected. The Diega Creek grinding grooves demonstrate that Aboriginal cultural heritage sites of equal or greater cultural 6 and Bangalow Creek grinding grooves are heritage and archaeological significance and research potential to the complex of also committed to being protected. These grinding grooves sites in Bangalow Creek exist within the broader SSCA and sites would not be impacted unless suitable 7.4 Complies outside of Mining Leases. In addition WWC must also demonstrate that these offsets can be found to provide for sites can be managed in a culturally appropriate way that will ensure their long- intergenerational equity. WWC are currently term conservation and availability for teaching purposes, to present and future undertaking more archaeological surveys to generations of Awabakal people and Aboriginal people that live in, and/or visit the find more areas that could be used for offsets area. if impacts to current sites do occur.
Palmers Creek grinding grooves have been protected. The Diega Creek grinding grooves 6 and Bangalow Creek grinding grooves are In order to address the requirements of Intergenerational Equity related to the also committed to being protected. These potential impacts to these sites, WWC has committed to funding a program of sites would not be impacted unless suitable 7.4 survey within the SSCA in consultation with the registered Aboriginal parties and Complies offsets can be found to provide for the NPWS/OEH. The information recorded during the survey will be provided to the intergenerational equity. WWC are currently NPWS/OEH to assist in the preparation of the POM for the SSCA. undertaking more archaeological surveys to find more areas that could be used for offsets if impacts to current sites do occur.
Interviews with WWC environment staff confirmed that this is the process that is followed. AAC meeting minutes were viewed Prior to commencement of the survey a meeting will be arranged by WWC with by the auditors during the site visit, and it was 7.4 Complies NPWS/OEH, in consultation with ADTOAC, ALALC, ATOAC and CCC to discuss: confirmed that, during AAC meetings, RAPs are provided with a schedule of how each Longwall is progressing, and what pre-mining baseline survey work is coming up. The commitment of WWC to setting up a fund which they will administer for survey within the SSCA (outside the WWC COA and outside other ML areas); The methodology for the survey strategy to be prepared by the registered Aboriginal parties; Any permitting requirements; and The requirements of the POM being prepared by the NPWS/OEH for the SSCA so that the requisite information can be recorded during the survey.
60302473 Appendix Q 3 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 Aboriginal Advisory Groups This survey work commenced during the audit The following commitments have been made by WWC in relation to the survey in period, however only 14 of the 20 required 7.4 Complies the SSCA: survey days have been undertaken. This work will continue during 2013. The program will include at least 20 days of field survey and recording of sites and landscape values/resources within the SSCA by the registered Aboriginal parties and a suitably qualified archaeologist and anthropologist; After the initial 20 day field survey period a meeting will be held between the registered Aboriginal parties and WWC to discuss the outcomes of the survey and any requirements for further survey; Funding will also be provided for the preparation and production of site cards (including the production of maps, plans, photographs); and Following the completion of the survey and the compilation of the site cards, additional funding will be provided to commission a suitably qualified person to assist WWC to prepare a Statement of Significance, in consultation with the registered Aboriginal parties, for provision to DP&I and NPWS/OEH in relation to the suitability (in terms of their Aboriginal cultural and archaeological significance and conservation value) of the sites located outside Mining Leases and within the SSCA as an offset (in terms of Intergenerational Equity) for the impact predicted from subsidence to the Bangalow Creek Grinding Grooves 1 (#38-4-1234); Bangalow Creek Grinding Grooves 2 (#38-4-1235); Bangalow Creek Grinding Grooves 3 (#38-4-1236); Bangalow Creek Grinding Grooves 4 (#38-4-1237); Bangalow Creek Grinding Grooves 5 (#38-4-1238); Bangalow Creek Grinding Grooves 6 (#38-4-1239); and #38-4-0461 Grinding Grooves.
WWC will commit to revising the management strategy for the Bangalow Creek Grinding Grooves 1 (#38-4-1234); Bangalow Creek Grinding Grooves 2 (#38-4- 1235); Bangalow Creek Grinding Grooves 3 (#38-4-1236); Bangalow Creek Grinding Grooves 4 (#38-4- 1237); Bangalow Creek Grinding Grooves 5 (#38-4- 1238); Bangalow Creek Grinding Grooves 6 (#38-4-1239); and #38-4-0461 Grinding Grooves if it cannot be demonstrated that there are suitable sites outside This survey work commenced during the audit the proposed continued underground mining area and outside Mining Leases in period, however only 14 of the 20 required 7.4 the SSCA that can be managed/conserved into the future to meet the Complies survey days have been undertaken. This work requirements of Intergenerational Equity for all or some of the Bangalow Creek will continue during 2013. Grinding Grooves 1 (#38-4-1234); Bangalow Creek Grinding Grooves 2 (#38-4- 1235); Bangalow Creek Grinding Grooves 3 (#38-4-1236); Bangalow Creek Grinding Grooves 4 (#38-4-1237); Bangalow Creek Grinding Grooves 5 (#38-4- 1238); Bangalow Creek Grinding Grooves 6 (#38-4-1239); and #38-4-0461 Grinding Grooves sites (this will be site specific and depend on the outcomes of the survey and further consultation with NPWS/OEH).
The revisions to the management strategy may include further survey or alternative This has not been required during the audit 7.4 offsets assessed as appropriate from an Aboriginal cultural and archaeological Not Triggered period. perspective and endorsed by OEH and DoP and registered Aboriginal parties. 7.4.1 Administration of Funding for Further Survey in the SSCA The funding will be made available at least 12 months prior to project impact from These impacts relate to LW47, which is subsidence in the area of the Bangalow Creek Grinding Grooves 1 (#38-4-1234); scheduled for operation in 2015. This Bangalow Creek Grinding Grooves 2 (#38-4-1235); Bangalow Creek Grinding 7.4.1 requirement for survey work within 12 months Not Triggered Grooves 3 (#38-4-1236); Bangalow Creek Grinding Grooves 4 (#38-4-1237); prior to operation has therefore not arisen Bangalow Creek Grinding Grooves 5 (#38-4-1238); Bangalow Creek Grinding during the audit period. Grooves 6 (#38-4-1239); and #38-4-0461 Grinding Grooves sites. The survey should commence at least 12 months before project impact from These impacts relate to LW47, which is subsidence in the area of the Bangalow Creek Grinding Grooves 1 (#38-4-1234); scheduled for operation in 2015. This Bangalow Creek Grinding Grooves 2 (#38-4-1235); Bangalow Creek Grinding 7.4.1 requirement for survey work within 12 months Not Triggered Grooves 3 (#38-4-1236); Bangalow Creek Grinding Grooves 4 (#38-4-1237); prior to operation has therefore not arisen Bangalow Creek Grinding Grooves 5 (#38-4-1238); Bangalow Creek Grinding during the audit period. Grooves 6 (#38-4-1239) and #38-4-0461 Grinding Grooves sites. The survey results and Statement of Significance must be endorsed by the registered Aboriginal parties and should be provided to DP&I and OEH at least 6 These impacts relate to LW47, which is months prior to project impact from subsidence in the area of the Bangalow Creek scheduled for operation in 2015. This Grinding Grooves 1 (#38-4-1234); Bangalow Creek Grinding Grooves 2 (#38-4- 7.4.1 requirement for survey work within 12 months Not Triggered 1235); Bangalow Creek Grinding Grooves 3 (#38-4-1236); Bangalow Creek prior to operation has therefore not arisen Grinding Grooves 4 (#38-4-1237); Bangalow Creek Grinding Grooves 5 (#38-4- during the audit period. 1238); Bangalow Creek Grinding Grooves 6 (#38-4-1239); and #38-4-0461 Grinding Grooves sites.
60302473 Appendix Q 4 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 AboriginalThe Advisory funding willGroups be administered by WWC and no funding applications will be These impacts relate to LW47, which is required. All registered Aboriginal parties will be provided the opportunity to scheduled for operation in 2015. This 7.4.1 participate in the survey program. A suitably qualified archaeologist endorsed by requirement for survey work within 12 months Not Triggered the AAC and WWC will assist the registered Aboriginal parties with the survey prior to operation has therefore not arisen program. during the audit period. WWC will ensure that suitable mapping, transportation, a camera and a GPS is This has occurred during the audit period, for 7.4.1 made available for use by the registered Aboriginal parties during the monitoring instance, as RAPs have taken part in Complies program. archaeological survey work. 7.5 Funding for Caring for Country
No such projects have arisen during the audit To offset the potential loss of Aboriginal cultural and archaeological values that period at the WWC site. However, WWC was may arise as a result of subsidence impacts within the proposed continued involved in the protection of a stone underground mining area, WWC has committed to providing $200,000 over the life 7.5 arrangement site with Aboriginal heritage Complies of the WWC COA project to assist with Caring for Country, including, but not significance at another location. This involved limited to the management of Aboriginal cultural heritage sites and landscape tree felling works and track remediation in features of Aboriginal cultural value within the SSCA. November 2012. 7.5.1 Administration of Funding for Caring for Country in the SSCA As a result of the discussions between WWC and the registered Aboriginal parties This was noted, however the audit did not 7.5.1 on 8 December 2011 the following protocol was reached in relation to funding for Not Triggered require a finding to be made on this point. Caring for Country within the SSCA. 7.5.1.1 Interest Bearing Deposit During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and commercial restrictions on establishing bank Not Compliant - Within the six months of Project Approval WWC will set aside the funding in an 7.5.1.1 accounts, including interest bearing deposits Recommendation interest bearing deposit that will be administered by WWC. and trust funds, WWC has not been able to Made deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP. During the site visit the auditors viewed copies of AAC meeting minutes discussing this issue. WWC has budgeted for this funding (auditors viewed copies of budget documentation). However due to legal and commercial restrictions on establishing bank Not Compliant - All interest accrued on the deposit will go back into the fund to be used for projects 7.5.1.1 accounts, including interest bearing deposits Recommendation related to Caring for Country in the SSCA. and trust funds, WWC has not been able to Made deposit these funds in the required manner. This is an issue of ongoing consultation between WWC and the AAC, and something which WWC will consider in the next review of the ACHMP. If not all funds are used over the life of the mine any remaining funds will be This has not been required during the audit 7.5.1.1 provided to NPWS/OEH to fund management of Aboriginal cultural heritage in the Not Triggered period. SSCA. 7.6 Funding for Ongoing Monitoring/Reporting on Subsidence Impacts Post subsidence inspection works have been undertaken. Two have occurred during the Following the cessation of subsidence related to each longwall, WWC will fund an audit period (Kangaroo Rock and Rockshelter inspection of the subsided sites/landscape features of Aboriginal cultural heritage 3). These are referenced in the May 2013 7.6 value in order to collect a detailed database on exactly how each has been Complies AAC meeting minutes. Diega Creek 6 site impacted. The inspection and reporting will be undertaken by the registered was also considered in a training presentation Aboriginal parties and a suitably qualified archaeologist. providing information about post-subsidence management at Diega Creek. Post subsidence inspection works have been undertaken. Two have occurred during the audit period (Kangaroo Rock and Rockshelter 3). These are referenced in the May 2013 The second aim of the monitoring is to provide a more detailed database for use AAC meeting minutes. Diega Creek 6 site 7.6 for future mining assessments and to monitor the success of remediation works Complies was also considered in a training presentation (where required) on all site types within the WWC COA. providing information about post-subsidence management at Diega Creek. Arch GIS mapping is also used at WWC to identify heritage sites.
60302473 Appendix Q 5 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 Aboriginal Advisory Groups Post subsidence inspection works have been undertaken. Two have occurred during the audit period (Kangaroo Rock and Rockshelter The third aim is to ensure compliance with the various aspects of the management 3). These are referenced in the May 2013 7.6 strategy that relate to monitoring either before or after subsidence. In this regard it Complies AAC meeting minutes. Diega Creek 6 site is proposed to record the: was also considered in a training presentation providing information about post-subsidence management at Diega Creek. Impacts of subsidence (if any); Requirements for remediation (if any); Nature and extent of the remediation works; Suitability of the remediation works; Success of remediation works; and Project approval status. Interviews conducted with WWC personnel It is proposed that full pictorial records will be prepared for each landscape 7.6 during the site visit confirmed that this is Complies feature/site to inform the reporting process for the OEH and DP&I. undertaken. One aspect of the monitoring process will be to ascertain if more than 50 per cent of the Diega Creek Grinding Grooves 2 (#38-4-1265), Diega Creek Grinding Grooves 3 (#38-4-1266) Diega Creek Grinding Grooves 4 (#38-4-1267), Diega Creek Grinding Grooves 5 (#38-4-1268) and Diega Creek Grinding Grooves 6 (#38- 4-1269) sites have been impacted by cracking due to subsidence. This monitoring This monitoring has been undertaken during will be undertaken prior to any longwall mining that may impact these sites. If more the audit period. However the trigger of 50 7.6 Complies than 50 per cent (3 or more) of these sites crack, WWC has committed to revising percent of sites cracking has not occurred its management strategy in consultation with the registered Aboriginal parties and during the audit period. the NPWS/OEH. Revisions to the management strategy may include conservation of the site or to further survey to locate other sites that could be conserved as an appropriate offset for any potential damage to Diega Creek Grinding Grooves 1 (#38-4-1264). 7.6.1 Administration of Funding for Monitoring/Reporting of Subsidence Impacts Sufficient funding will be set aside by WWC on an annual basis. The funding will be administered by WWC and no funding applications will be required. All During the site visit, auditors viewed copies of registered Aboriginal parties will be provided the opportunity to participate in the WWC budget papers and invoices indicating 7.6.1 archaeological monitoring program (including baseline recording of a number of Complies that so far these funds have been used, and specific sites and landscape features – refer to Section 8.3.1 for details). A they are also set aside for future use. suitably qualified archaeologist endorsed by the AAC and WWC will assist with the monitoring program. During the site visit, auditors viewed copies of Provision of funding for baseline recording and monitoring will be ongoing WWC budget papers and invoices indicating 7.6.1 Complies throughout the life of the mine. that so far these funds have been used, and they are also set aside for future use.
WWC will ensure that suitable mapping, transportation, a camera and a GPS is This has occurred during the audit period, for 7.6.1 made available for use by the registered Aboriginal parties during the monitoring instance, as RAPs have taken part in Complies program. archaeological survey work. 8.1 Management Protocols and Procedures This general training is included in such The initial protocol involves the preparation of an Aboriginal Cultural Heritage training mechanism as the WWC General Training package (Training Package) to ensure that mining personnel and Environmental Awareness Training, the contractors understand the principles behind the ACHMP, how it is implemented Glencore Xstrata Induction and Site 8.1 and how it relates to them and the tasks they will be undertaking within the COA. Complies Familiarisation training, as well as during the The Training Package will also provide information in relation to recognition of WWC Annual Contractor Forum. WWC Aboriginal cultural heritage sites and their Aboriginal cultural value and continues its consultation with the AAC to archaeological significance. develop the official training package. 8.2 Cultural Heritage Awareness Training This general training is included in such training mechanism as the WWC General The AAC in consultation with WWC will be responsible for organising the Environmental Awareness Training, the preparation of the Training Package. The Training Package will be prepared in Glencore Xstrata Induction and Site 8.2 partnership by WWC, the AAC and a suitably qualified archaeologist. The Training Complies Familiarisation training, as well as during the Package will be provided to registered Aboriginal parties for review and WWC will WWC Annual Contractor Forum. WWC provide 28 days for this review period. continues its consultation with the AAC to develop the official training package.
The Training Package will form part of the annual environmental awareness This general training is included in such training and will be provided to mine management and mine personnel that will be training mechanism as the WWC General undertaking tasks that have the potential to impact Aboriginal cultural heritage Environmental Awareness Training, the sites or landscape features of Aboriginal cultural value. Where feasible, the Glencore Xstrata Induction and Site 8.2 training package will be delivered by at least one member from the registered Familiarisation training, as well as during the Complies Awabakal Traditional Owner groups for this project (ADTOAC and/or ATOAC), with WWC Annual Contractor Forum. WWC a suitably qualified archaeologist to also take an active cofacilitator role in the continues its consultation with the AAC on presentation of the Training Package as part of annual environmental awareness this issue to develop the official training training. package.
60302473 Appendix Q 6 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 8.2AboriginalThe Advisory Training GroupsPackage will include (but not necessarily be limited to) the following: This general training is included in such A discussion of the Aboriginal cultural significance of the Sugarloaf Range area training mechanism as the WWC General Not Compliant - and the rights and obligations of Aboriginal people to actively participate in the Environmental Awareness Training, the Recommendation management of the landscape within the WWC COA including its known Glencore Xstrata Induction and Site Made Aboriginal heritage sites and landscape features of Aboriginal cultural value; Familiarisation training, as well as during the WWC Annual Contractor Forum. WWC continues its consultation with the AAC Information related to the types of Aboriginal heritage sites, artefacts and on this issue to develop the official training landscape features of cultural value that are known within the WWC COA and the package. However, officially this training broader SSCA (the detail of the information provided will be guided by what is package has not been completed within the deemed culturally appropriate by the AAC); required 12 months' timeframe. Information related to the Aboriginal cultural heritage value and archaeological WWC plans to request an extension of the significance of the sites/artefacts/landscape features of cultural value (the detail of timeframe for this requirement, as part of the the information provided will be guided by what is deemed culturally appropriate by next review of the ACHMP. the AAC); The provision of maps of sites/landscape features of cultural value and areas where ground disturbance for remediation is not allowed without further consultation with the ACHMC (this should form part of the Ground Disturbance Permit process); Procedures for contacting the WWC Environment and Community Manager should remediation work be required within proximity of a known site; Procedures for contacting the WWC Environment and Community Manager in the event a previously unknown site is located during ground disturbing activities associated with remediation activities; and Information related to the relevant legislation for the protection of Aboriginal sites (termed objects) and that prosecution may arise if sites are disturbed/destroyed/defaced (refer to Section 4.1.1 for details).
The Training Package related to Aboriginal cultural values and rights and obligations to Care for Country will include a professionally produced DVD and endorsement sought from the registered Aboriginal parties. The DVD will be utilised by WWC for annual environmental awareness training, in the event that there are no representatives of the Awabakal Traditional Owner groups available to deliver the training. The video will also be used for site familiarisation inductions. It is proposed that the DVD will be finalised within 18 months of Project Approval.
The Training Package will be completed within 12 months of Project Approval. Until such time as the Training Package is completed and approved by the registered Aboriginal parties, WWC will continue to use its current induction materials related to Aboriginal Cultural Heritage Management for the site familiarisation inductions. Where feasible, a representative of the Traditional Owner groups will deliver annual environmental awareness training drawing on their cultural knowledge and existing training materials. 8.3 Aboriginal Heritage Site and Landscape Feature Monitoring As discussed in Section 7.6, WWC will undertake a program of Aboriginal heritage site and landscape feature of cultural value monitoring throughout the life of the mine to record the impact of subsidence on the sites/landscape features, to determine appropriate remediation (which may include no action) and to monitor the effectiveness of any remediation works undertaken. The information recorded This information is included in section 3.10 of 8.3 Complies during the monitoring process will be reported in the Annual Review (refer to the Annual Review 2012. Section 8.10). AAC members will be actively involved in the annual review documentation and copies will be made available to the registered Aboriginal parties, OEH and DP&I. The monitoring program will include the following components. 8.3.1 Baseline Monitoring The baseline recording will mainly be aimed at recording: This information was included in the Existing cracking and sedimentation levels; and Environmental Assessment: West Wallsend 8.3.1 Complies The actual construction of the stone arrangements/stone cairns so that they can Colliery Continued Operations Project be rebuilt if dislocation of stones occurs. (Umwelt, 2010).
This information was included in the Environmental Assessment: West Wallsend The baseline recording of individual Aboriginal heritage sites/landscape features Colliery Continued Operations Project should be undertaken prior to any subsidence that has the potential to impact on (Umwelt, 2010). During the audit period, the site/landscape feature. The baseline recording of individual Aboriginal heritage 8.3.1 further detailed baseline work has been done. Complies sites/landscape features will be undertaken by all members of the AAC where In AAC meeting minutes there is a schedule possible (with a minimum of at least two representatives of the AAC required) and of how each Longwall is progressing, and a suitably qualified archaeologist. what pre-mining baseline survey work is coming up.
60302473 Appendix Q 7 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 8.3.26.4.2 SubsidenceAboriginal Advisory Monitoring Groups Following the cessation of subsidence Aboriginal heritage sites and landscape features of cultural value within the subsidence zone will be monitored to assess the impacts of subsidence and to determine remediation measures required (if This has not been required during the audit 8.3.2 any) for each of the sites/landscape features. Remediation measures will be Not Triggered period. formulated by WWC in consultation with the AAC (and a suitably qualified archaeologist in relation to sites) and implemented in accordance with the management procedures detailed in Sections 8.4, 8.6, 8.7 and 8.8. It is noted that due to the angle of draw, some Aboriginal heritage sites/landscape features may be impacted by subsidence from the removal of more than one longwall. WWC will ensure that monitoring is undertaken after each episode of This has not been required during the audit 8.3.2 Not Triggered subsidence that has the potential to impact any Aboriginal heritage site/landscape period. feature. The results of the monitoring will be included in a report which will be provided the registered Aboriginal parties and used to inform the ACHMP. 8.4 Surface Collection Surface collection is only proposed for those artefact scatter and isolated find sites that may be impacted by remediation works. Following subsidence there will be an inspection of the Aboriginal heritage site area by a field team consisting of all members of the AAC where possible (with a minimum of at least two Auditors viewed an example copy of an representatives of the AAC required) and a suitably qualified archaeologist. To Aboriginal Site Impact Recording Form 8.4 Complies ensure thorough coverage, the area should be inspected in systematic transects prepared in 2012, indicating that this with survey team members no more than 5 metres apart. If it is assessed that methodology is followed. there is a requirement for remediation works and that surface collection of the artefacts will be necessary, the methodology for the surface artefact collection will be as follows: The surface collection will be undertaken by all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; All identified surface artefacts will be marked by high visibility flags; A photographic record will be undertaken of the Aboriginal heritage site, with artefact locations identified by high visibility flags; A photographic record will be undertaken of the impacts to the site from subsidence (if any), with any artefacts exposed identified by the high visibility flags; Recording of surface artefact locations using a handheld GPS; Preparation of a sketch plan of the site. Detailed site plans are not thought warranted or the majority of the sites due to their location within disturbed and/or eroded contexts, however, a GPS recording will be made of the location and distribution of the artefacts so that this information will be available for spatial analysis; Further details of the local environment will be recorded as part of the collection process to provide a more detailed context for the assemblages; The artefacts will be collected; All artefacts will be placed in individual bags and labelled with the date of collection, the mine name, the site name, artefact number and MGA grid coordinate and incorporated into a larger clip seal bag marked with the mine name, site name, date of collection and participants in the collection; and Detailed attribute recording and analysis will be undertaken of all collected artefacts (refer to Appendix 5 for details of the methodology for the artefact analysis and the research design). Following the cessation of subsidence and any necessary subsidence remediation the artefacts will be returned to Country (refer to Section 8.6 for details). Prior to the return of the artefacts to Country they will be analysed using the methodology set out in Section 5.4 of Appendix 5. The artefacts will be stored on the premises of the archaeologist involved in the salvage while they are analysed and then until it is safe for them to be returned to Country. It is noted that the registered Aboriginal parties have stipulated that the artefacts should remain within Awabakal This has not been required during the audit 8.4 Not Triggered Country at all times. They only exception would be for any artefacts selected for period. residue and use-wear analysis. It was recognised that this non-invasive form of analysis could add much to the knowledge of the ways in which Aboriginal people were using the Sugarloaf Range landscape and thus removal of artefact from Country would be allowed for this purpose. Upon return from residue and use-wear analysis the artefacts would be returned to Country. 8.4.1 Collection of Artefacts Many of the artefact scatters and isolated finds within the project area are located on access tracks that are used by NPWS, WWC, the general public, 4WD enthusiasts and motor bike riders. These tracks are also subject to grading at Interviews with WWC environment staff 8.4.1 regular intervals. Where artefacts are located on tracks within the project area confirmed that this is the process that is Complies where vehicle use/track maintenance is assessed by all representatives of the followed. AAC and an archaeologist as likely to result in harm to the artefacts, the artefacts will be relocated to a safe location as close as possible to where they were found.
The collection of the artefacts will be undertaken using the methodology in Section Interviews with WWC environment staff 8.4.1 8.4 and the relocation of the artefacts will be undertaken using the methodology confirmed that this is the process that is Complies provided in Section 8.6. followed.
60302473 Appendix Q 8 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 8.56.4.2 Subsurface Aboriginal Investigation Advisory Groups Subsurface investigation will be undertaken of the Cockle Creek Rockshelter with Artefacts and PAD (#38-4-1260), if it is determined it’s safe to undertake the investigations (refer to Figure 1.4). The rockshelter floor has an area of This has not been required during the audit 8.5 Not Triggered approximately 12.5 square metres. An area of 3.75 metres (approximately 30 per period. cent of the area of floor deposit) will be excavated. The following methodology will be undertaken for the manual excavation: the excavation will be undertaken by the AAC and two suitably qualified archaeologists;
a scale plan will be prepared of the rock shelter floor and of the rock shelter profile;
only 30 per cent of the floor area will be excavated so that 70 per cent of the floor area will remain for the future; the 30 per cent of the floor deposit to be removed will be through the centre of the southeastern section of the rock shelter. The excavation will be 1.5 metres (across the rock shelter floor) by approximately8 2.5 metres (from the back to the front of the rock shelter floor) in area as this will allow for the exposure of the area thought best suited for the placement of a prop/props to assist with supporting the roof of the shelter during subsidence; the central section of the rock shelter floor will be strung up and excavated as 50 centimetre quadrats;
the excavation will be undertaken stratigraphically using trowels. If the stratigraphic layers exceed 5 centimetres they will be divided into spits and removed in 5 centimetre increments; due to the small size of the rock shelter and in order not to disturb those sections of the floor deposit to be left in situ either side of the excavation, the excavation will proceed from the front of the rock shelter to the rear removing the whole soil profile from each quadrat and uncovering the rock floor of the rock shelter which can then be used as a platform for continuing excavation leaving the remaining floor deposits undisturbed;
at least one soil sample will be collected from each stratigraphic layer/spit of each 50 centimetre quadrat and a representative sample of these will be subject to Munsell and pH testing/analysis. Further samples will be collected if hearth features are observed (refer to Section 8.5.1 for details of manual excavation of features). For consistency the Munsell and pH readings will all be undertaken by one person under the same light conditions after the completion of the excavation;
XYZ coordinates will be recorded for all artefacts located in situ and for all features; if charcoal and/or sediments are encountered that are suitable for radiocarbon or thermoluminescence dating, they will be recovered using the techniques recommended by the dating laboratories and in accordance with the details provided in Section 8.5.1; all deposit removed will be sieved using nested 2 millimetre and 5 millimetre sieves; all stone, bone, shell and plant material (if any) will be retained for analysis; the excavation will cease when the rock floor of the shelter is encountered and when the 3.75 metre area of floor deposit has been removed; the excavation will be photographed at regular intervals and all artefacts/features of interest will also be photographically recorded;
at the completion of the excavation the excavated area will be overlain on a copy of the floor plan of the rock shelter; a stratigraphic profile will be prepared of two walls of the excavation (please note that the south-western side of the excavation will be the back wall of the rock shelter when completed and the north-eastern side of the excavation will be the drop off to the cliffline and thus neither will retain a wall for profiling); the roof prop/props will then be installed within the excavated area; the majority of the excavated sediments will be bagged and placed around the prop/props to assist with keeping them in position and to prevent collapse of the remaining floor deposit into the excavated area (if necessary additional deposit will be obtained from the windrow beside the road located approximately 125 metres upslope to make up any shortfall – prior to use this will be pH tested to ensure it has the same or closer to neutral pH to the rock shelter sediments);
60302473 Appendix Q 9 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 Aboriginalsufficient Advisory excavated Groups deposit will be retained to cover the bagged deposit and to return the aesthetics of the rock shelter back as closely as possible to the pre- excavation state; the backfilled/propped rockshelter will be photographed; artefactual material from the rock shelter excavation will be analysed and the results reported to the OEH (refer to Appendix 5 for details of the artefact analysis); if the rock shelter does not collapse following subsidence, after analysis the artefacts will be returned for reburial within the excavated deposits, if it is safe to do so (refer to Section 8.6);
following subsidence any cracking of the roof, walls or floor will be repaired in a culturally appropriate manner if required by the AAC (if stable and safe the roof prop can be removed and the floor deposit stabilised); if the rock shelter does collapse following subsidence the artefacts will be deposited in an area nearby selected by the AAC; and OEH will be supplied with a new site card that provides all the relevant information in relation to the salvage and replacement of the artefacts. 8.5.1 Subsurface Investigation Should a possible hearth feature be identified during the manual excavation of the This has not been required during the audit 8.5.1 Cockle Creek Rockshelter with Artefacts and PAD (#384-1260) the following Not Triggered period. methodology will be implemented:
The surface of the feature will be cleaned back (using trowels and brushes as required) to allow the edges of the feature to be identified; The top of the feature will be photographed and a plan drawn; The feature will then be excavated in cross-section (half-sectioned) to investigate the dimensions and orientation of the feature; The deposits from the feature will be excavated separately to the surrounding deposit to avoid contamination; The feature will be photographed in cross-section and a stratigraphic profile of the cross-section will be recorded; All excavated materials from the feature will be retained for analysis and samples of relevant materials will be sent for additional analysis, including radiocarbon dating and/or thermoluminescence where applicable; and Following the removal of the entire feature the excavation can resume using the methodology outlined in Section 8.5. 8.6 Return of Artefacts to Country Following the completion of subsidence and of remediation works and artefact This has not been required during the audit 8.6 Not Triggered analysis the return of artefacts to Country will be undertaken as follows: period. A field team consisting of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist will return the artefacts to the site area; A safe location will be chosen for the artefacts that is endorsed by all participants; The artefacts will be reburied in the site area (or spread on the surface if that is the preference of the AAC representatives); A photographic record will be taken of the new artefact location within the site area; The AAC representatives will undertake any cultural protocols/ceremony thought appropriate; A photographic record will be taken of the remediated site area and notes will be made in relation to the outcomes of the remediation works (refer to Section 8.7); A new site card will be completed for OEH for each site. The site card will include a discussion and photographs of the surface collection, the impacts of subsidence and subsidence remediation on the site, the site sketch and the results of the artefact analysis; The site card will be provided to OEH; and The return of the artefacts will be reported in the AEMR and overall report for the salvage. It is highlighted that registered Aboriginal parties have requested that the artefacts not be in bags or containers when they are returned to Country. This was not This has not been required during the audit 8.6 Not Triggered thought appropriate from an Aboriginal cultural and environmental perspective. The period. artefacts will instead be wrapped in paperbark prior to burial.
60302473 Appendix Q 10 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 8.6.16.4.2 ReturnAboriginal of Previously Advisory Groups Salvaged When subsidence remediation works have been completed related to Longwalls This has not been required during the audit 8.6.1 38 and 39 the artefacts will be returned to the site areas in compliance with Not Triggered period. Section 87 AHIP #1098480 and the methodology provided in Section 8.6. 8.7.1 Pre-Subsidence Mitigation Only one Aboriginal heritage site (Cockle Creek Rockshelter with Artefacts and At the time of conducting the site inspection, PAD (#38-4-1260) refer to Section 8.5 and Appendix 8) and five landscape these works were planned for the following 8.7.1 features of Aboriginal cultural value (Rockshelters 3, 4, 7, 10, 11 – rock shelters week, but these works did not take place Not Triggered without archaeological evidence at the time of the survey) will require pre- during the audit period (i.e. before 30 June subsidence mitigation (beyond baseline recording). 2012). Mitigation will include the installation of roof props (where safe to do so) in the rock shelters prior to subsidence. The installation of the roof props will be undertaken by a suitably qualified person with the guidance of a geotechnical engineer, following the completion of the required Occupational Health and Safety (OH&S) This has not been required during the audit 8.7.1 Not Triggered assessments as determined by WWC. It is noted that the rock shelters are in period. areas of steep gradient and have no access for machinery so that whatever is installed has to be carried in and fitted manually. Thus the roof props will need to be designed accordingly. 8.7.2.2 Landscape Features of Cultural Value
Interviews conducted with WWC environment Suitable subsidence remediation works will be decided in consultation with the personnel and AAC meeting minutes indicated AAC and a suitably qualified archaeologist following the cessation of subsidence that all grouting had been done in consultation 8.7.2.2 Complies and subsidence monitoring (refer to Section 8.3). Subsidence remediation works with AAC members. No heritage sites have should be designed to limit further disturbance to the sites/landscape features. been required to undergo subsidence remediation during the audit period.
8.7.3.1 Aboriginal Heritage Sites In relation to artefact scatters and isolated finds subsidence remediation works This has not been required during the audit 8.7.3.1 Not Triggered should include: period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; The collection of any surface artefacts or artefacts exposed by cracking that may be impacted by the subsidence remediation works (refer to Section 8.5); Use of imported fill to fix cracks to avoid impacting subsurface artefacts; and The replacement of artefacts and the completion of a new site card for OEH following completion of subsidence remediation works (refer to Section 8.6). This has not been required during the audit 8.7.3.1 In relation to grinding groove sites remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; Repair of cracking of sandstone/grooves in the least obtrusive manner if required and assessed as appropriate by registered Aboriginal parties; and The installation of appropriate erosion/remediation controls upstream to prevent the addition of sediment load to creekline if assessed as necessary. In relation to the Cockle Creek Rockshelter with Artefacts and PAD (#38-4-1260) This has not been required during the audit 8.7.3.1 Not Triggered remediation works should include: period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; Repair of any cracks in the walls, floor or roof of the rock shelter in a culturally appropriate manner if feasible and safe and assessed as appropriate by the AAC; Removal of the roof props put in as mitigation measure if feasible and safe and assessed as appropriate by the AAC (refer to Section 8.5); and Return the artefactual material if feasible and safe and assessed as appropriate by AAC (refer to Section 8.6). This has not been required during the audit 8.7.3.1 In relation to the scarred trees remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; and Repair of any topsoil cracking within the area of the scarred trees manually using imported fill in a manner that avoids impact to the scarred trees if assessed as appropriate by the AAC representatives. This has not been required during the audit 8.7.3.1 In relation to the stone arrangements remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; The collection of any surface artefacts or artefacts exposed by cracking that may be impacted by the subsidence remediation works (refer to Section 8.5); Use of imported fill to fix cracks to avoid impacting subsurface artefacts; and The replacement of artefacts and the completion of a new site card for OEH following completion of subsidence remediation works (refer to Section 8.6).
60302473 Appendix Q 11 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 Aboriginal Advisory Groups This has not been required during the audit 8.7.3.1 In relation to grinding groove sites remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; Repair of cracking of sandstone/grooves in the least obtrusive manner if required and assessed as appropriate by registered Aboriginal parties; and
The installation of appropriate erosion/remediation controls upstream to prevent the addition of sediment load to creekline if assessed as necessary. In relation to the Cockle Creek Rockshelter with Artefacts and PAD (#38-4-1260) This has not been required during the audit 8.7.3.1 Not Triggered remediation works should include: period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; Repair of any cracks in the walls, floor or roof of the rock shelter in a culturally appropriate manner if feasible and safe and assessed as appropriate by the AAC; Removal of the roof props put in as mitigation measure if feasible and safe and assessed as appropriate by the AAC (refer to Section 8.5); and Return the artefactual material if feasible and safe and assessed as appropriate by AAC (refer to Section 8.6). This has not been required during the audit 8.7.3.1 In relation to the scarred trees remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; and Repair of any topsoil cracking within the area of the scarred trees manually using imported fill in a manner that avoids impact to the scarred trees if assessed as appropriate by the AAC representatives. This has not been required during the audit 8.7.3.1 In relation to the stone arrangements remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist; Following subsidence, in the unlikely event that there is any movement of the stones in the arrangement, the scale plan and photographs prepared as part of the baseline recording process will be utilised to assist the AAC to replace the stones in the original arrangement (refer to Section 8.3.1 and Appendix 5); and Topsoil crack remediation will be accomplished manually using imported fill so that no impact is occasioned to the stone arrangements if assessed as appropriate by the AAC representatives. 8.7.3.2 Landscape Features of Aboriginal Cultural Value This has not been required during the audit 8.7.3.2 In relation to Rockshelters 3, 4, 7, 10 and 11 remediation works should include: Not Triggered period. The participation all members of the AAC where possible (with a minimum of at least two representatives of the AAC required); Repair of any cracks in the walls, floor or roof of the rock shelter in a culturally appropriate manner if feasible and safe and assessed as appropriate by the AAC representatives; and Removal of roof props installed as mitigation measure if feasible and safe and assessed as appropriate by the AAC representatives. This has not been required during the audit 8.7.3.1 In relation to clay pigment source in Bangalow Creek remediation should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required); Following subsidence, the AAC representatives are afforded the opportunity to collect any loosened fragments of clay pigment; and The clay pigment will be used by the registered Aboriginal parties for teaching purposes. This has not been required during the audit 8.7.3.1 In relation to the stone cairns/stacks remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required); following subsidence, if any movement of the stones in cairns/stacks has been caused by subsidence the AAC representatives will replace the stones in their proper arrangement using photographs taken during baseline monitoring as a guide (refer to Section 8.3.1); and
Any crack remediation in the surrounding area will be accomplished manually using imported fill so that no impact is occasioned to the stone cairns/stacks. This has not been required during the audit 8.7.3.1 In relation to Kangaroo Rock remediation works should include: Not Triggered period. The participation of all members of the AAC where possible (with a minimum of at least two representatives of the AAC required); and Following subsidence any cracks in the topsoil near the base of the rock will be infilled manually using imported fill.
60302473 Appendix Q 12 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 8.8.16.4.2 PreviouslyAboriginal AdvisoryUnknown Groups Site Should a previously unknown site be located within any part of the WWC COA, WWC will inform the ACHMC members who will visit the site to assess its Aboriginal cultural value and archaeological significance (this will require the Not relevant to the project approval boundary 8.8.1 Not Triggered participation of a representative of WWC and all members of the AAC where forming part of this IEA. possible (with a minimum of at least two representatives of the AAC required) and a suitably qualified archaeologist). If the site is within an area proposed for remediation works, all works in the vicinity of the site will cease until such time as appropriate management has been Not relevant to the project approval boundary 8.8.1 Not Triggered discussed and endorsed by the ACHMC, the suitably qualified archaeologist and forming part of this IEA. OEH. If the site is within a subsidence impact area, but has not been subsided, WWC will undertake an impact assessment and the site will be subject to an Aboriginal cultural heritage values and archaeological significance assessment and appropriate management will be decided by WWC, the registered Aboriginal parties and OEH based on the outcomes of these studies. For isolated finds and artefact scatters this would include decisions in relation to any requirements for Not relevant to the project approval boundary 8.8.1 Not Triggered surface collection or subsurface testing and salvage. For scarred trees, grinding forming part of this IEA. grooves, stone arrangements and rockshelters this would include baseline recording and decisions in relation to mitigation measures pre and post subsidence. Only in the highly unlikely case of an extremely significant site (e.g. burial, rock art site or ceremonial ground) would consideration be given to stopping longwall mining from progressing in that area. In the case of a site found during inspections related to currently unknown locations for surface infrastructure (refer to Section 8.9) and where it is not possible to avoid impact to the site, WWC will undertake an impact assessment Not relevant to the project approval boundary 8.8.1 and the site will be subject to an Aboriginal cultural heritage values and Not Triggered forming part of this IEA. archaeological significance assessment and appropriate management will be decided by WWC, the registered Aboriginal parties and OEH based on the outcomes of these studies. A protocol has been prepared for previously unidentified artefact scatter and isolated find sites that are located during inspections or that are uncovered during ground disturbing works to guide the assessment process and to determine where Not relevant to the project approval boundary 8.8.1 Not Triggered surface collection is appropriate, when subsurface testing may be required and forming part of this IEA. when it may be necessary to undertake subsurface salvage. This protocol has been provided in Appendix 6. If the site is within the area that will not be impacted by the COA project, the Not relevant to the project approval boundary 8.8.1 ACHMC will ensure that the OEH is supplied with a site card and that the site is Not Triggered forming part of this IEA. managed in accordance with the ACHMP (if it is within the COA).
Where vegetation obscures the ground surface in an area proposed for impact, and it is thought possible that the vegetation may obscure objects/features, the Not relevant to the project approval boundary 8.8.1 Not Triggered AAC representatives will be given the opportunity to undertake/supervise manual forming part of this IEA. vegetation clearance to further assess the location. 8.8.2 Previously Unknown Site In the event that a burial site or human skeletal remains are exposed during the subsurface investigation of Cockle Creek Rockshelter with Artefacts and PAD (#38- 4-1260) or in any area subject to ground surface cracking or subsidence remediation works, the procedure below is to be implemented in accordance with This has not been required during the audit 8.8.2 Not Triggered the Policy Directive – Exhumation of Human Remains (NSW Department of Health period. 2008), Skeletal Remains – Guidelines for the Management of Human Skeletal Remains under the Heritage Act 1977 (NSW Heritage Office 1998) and the Aboriginal Cultural Heritage Standards and Guidelines Kit (NPWS 1997): As soon as remains are exposed, work is to halt immediately to allow assessment and management; Contact local police, OEH and the Heritage Branch; A physical or forensic anthropologist should inspect the remains in situ, and make a determination of ancestry (Aboriginal or non-Aboriginal) and antiquity (pre- contact, historic or forensic); If the remains are identified as forensic the area is deemed as crime scene; or If the remains are identified as Aboriginal, the site is to be secured and the OEH and all registered Aboriginal parties are to be notified in writing; or If the remains are non-Aboriginal (historical) remains, the site is to be secured and the Heritage Branch is to be contacted. The above process functions only to appropriately identify the remains and secure the site. From this time, the management of the remains is to be determined This has not been required during the audit 8.8.2 through liaison with the appropriate stakeholders (New South Wales Police Force, Not Triggered period. forensic anthropologist, OEH, Heritage Branch, and registered Aboriginal parties etc.) and in accordance with the Public Health Act 1991 .
60302473 Appendix Q 13 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 AboriginalAny Advisory skeletal remainsGroups uncovered during the course of ground disturbing activities will be removed in a sensitive and dignified manner. Approval from NSW Health, under the Public Health Act 1991 , will be required prior to removing/exhuming any skeletal remains. Controlled excavation and removal by the site archaeologists and This has not been required during the audit 8.8.2 Not Triggered other appropriate specialists (forensic anthropologist, registered Aboriginal parties, period. New South Wales Police Force, as appropriate) will be undertaken in accordance with Heritage Branch Skeletal Remains Guidelines and any requirements of the OEH and NSW Health. A site specific management policy for the removal of any potential human skeletal remains uncovered within the COA during archaeological investigation will be developed, in consultation with a physical anthropologist, the Heritage Branch, This has not been required during the audit 8.8.2 Not Triggered OEH and relevant stakeholder groups, if any skeletal remains are identified. The period. management policy would consider the issues detailed in the Heritage Branch Skeletal Remains Guidelines. These issues include but are not limited to: Excavation issues - including personnel who may need to be required, Occupational Health and Safety and recording. Access issues - including limited access, security and public and professional participation. Management issues – including management during excavation and analysis, publicity, interpretation, location of interim resting place (in consultation with relevant stakeholders), ongoing curation of recovered materials and professional access to data. Re-interment and commemoration. 8.8.3 Discovery of Faunal Remains of Possible Cultural Origin Should faunal remains that of possible cultural origin (e.g. a butchery site, food remains) be located within any part of the WWC COA, WWC will inform the This has not been required during the audit 8.8.3 Not Triggered ACHMC members who will visit the site to assess its Aboriginal cultural origin and period. value and archaeological significance. If the faunal remains are identified as being of cultural origin and they are within an area proposed for remediation works, all works in the vicinity of the remains will This has not been required during the audit 8.8.3 Not Triggered cease until such time as appropriate management has been discussed and period. endorsed by the ACHMC, the suitably qualified archaeologist and OEH. If the faunal remains are identified as being of cultural origin and they are within a subsidence impact area, but have not been subsided, WWC will undertake an impact assessment and the site will be subject to an Aboriginal cultural heritage This has not been required during the audit 8.8.3 Not Triggered values and archaeological significance assessment and appropriate management period. will be decided by WWC, the Registered Aboriginal Parties and OEH based on the outcomes of these studies. In the case of faunal remains of cultural origin being found during inspections related to currently unknown locations for surface infrastructure (refer to Section 8.9) and where it is not possible to avoid impact to the remains, WWC will This has not been required during the audit 8.8.3 undertake an impact assessment and the site will be subject to an Aboriginal Not Triggered period. cultural heritage values and archaeological significance assessment and appropriate management will be decided by WWC, the Registered Aboriginal Parties and OEH based on the outcomes of these studies. If the faunal remains of cultural origin are within an area that will not be impacted by the WWC COA project, the ACHMC will ensure that the OEH is supplied with a This has not been required during the audit 8.8.3 Not Triggered site card and that the site is managed in accordance with the ACHMP (if it is within period. the WWC COA). It is noted that it may be necessary to excavate the faunal remains to allow for positive identification of their cultural origin. If excavation is required it will be This has not been required during the audit 8.8.3 endorsed by WWC, OEH and the registered Aboriginal parties and will be Not Triggered period. undertaken using the methodology provided in Appendix 6 for the excavation of features. Cultural protocols in relation to the management and discussion of faunal remains This has not been required during the audit 8.8.3 will be developed by the AAC in consultation with an appropriately qualified Not Triggered period. forensic anthropologist/archaeologist. 8.9 Minor Surface Infrastructure
Arch GIS mapping is also used to identify and WWC will, wherever possible situate minor surface infrastructure/exploration avoid if possible any relevant heritage boreholes outside culturally sensitive areas/known sites. Once the areas proposed constraints before infrastructure or exploration for impact been identified by WWC they will be inspected by all members of the takes place. Interviews with WWC confirmed 8.9 Complies AAC where possible (with a minimum of at least two representatives of the AAC that this is the approach that is undertaken required) and a suitably qualified archaeologist and assessed for their Aboriginal with the AAC members, and that boreholes, cultural value and archaeological potential. infrastructure are generally relocated when such constraints are discovered.
60302473 Appendix Q 14 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 Aboriginal Advisory Groups Arch GIS mapping is also used to identify and avoid if possible any relevant heritage If sites/landscape features of Aboriginal cultural value are found in a location constraints before infrastructure or exploration proposed for minor surface infrastructure or a borehole the proposed takes place. Interviews with WWC confirmed 8.9 infrastructure/borehole will be moved wherever this is feasible. If this is not Complies that this is the approach that is undertaken possible a management outcome will be reached in accordance with protocol set with the AAC members, and that boreholes, out in Section 8.8.1 and Appendix 6. infrastructure are generally relocated when such constraints are discovered.
Arch GIS mapping is also used to identify and avoid if possible any relevant heritage constraints before infrastructure or exploration Inspections should be undertaken wherever possible at least three months prior to takes place. Interviews with WWC confirmed 8.9 the proposed works to allow sufficient time for the inspection, discussions related Complies that this is the approach that is undertaken to management and any investigations/salvage required. with the AAC members, and that boreholes, infrastructure are generally relocated when such constraints are discovered.
8.10 Annual Review This is contained in Section 3.10 of the Annual Review 2012. Interviews with WWC WWC will report on activities required by this ACHMP within the Annual Review. environment staff and correspondence viewed 8.1 Copies of the Annual Review will be submitted to OEH, DP&I and to the registered by the auditors confirmed that the Annual Complies Aboriginal parties. Review 2012 was provided to stakeholders. The Annual Review 2012 is also publically available on the WWC website. 8.11 Auditing
If during auditing of environmental compliance the independent auditor is required to visit a known Aboriginal site or identified landscape feature of Aboriginal cultural This has not been required during the audit 8.11 value, WWC will contact the AAC and provide the AAC with the opportunity to Not Triggered period. accompany the independent auditor. If no members of the AAC are available this will not preclude the site visit.
8.12 ACHMP Review This ACHMP will be reviewed within 12 months following approval of the ACHMP, with the ACHMP to be reviewed, and if necessary, revised on an annual basis in accordance with the Project Approval. Following a review, the ACHMP and will be provided to OEH and DP&I for approval if there are substantial revisions. The This has not been required during the audit 8.12 revisions of the ACHMP will reflect changes in cultural heritage requirements, Not Triggered period. technology and legislation. The review and revision process is to be conducted in partnership with the registered Aboriginal parties and the registered Aboriginal parties will be afforded the opportunity to provide comment on the revised draft ACHMP before its finalisation and submission to DP&I.
The ACHMP will be a living document and it will be possible to make amendments This was noted, however the audit did not 8.12 as addendums in the periods between the ACHMP revisions. The addendums will Not Triggered require a finding to be made on this point. be provided to OEH and DP&I for approval if they include substantial revisions.
8.13 Other Reporting Requirements As the salvage and monitoring program for the WWC COA project will be undertaken as a staged process as longwall mining progresses, a single report that covers all of the tasks (survey, monitoring, salvage and remediation) detailed This information is included in section 3.10 of 8.13 Complies within Sections 7.0 and 8.0 of this ACHMP will not be possible until longwall mining the Annual Review 2012. is completed. Therefore, it is proposed that annual reports will be provided to the OEH and DP&I within the relevant Annual Review for all applicable tasks.
It is also proposed that a report will be provided to the OEH and DP&I at the conclusion of the survey of the SSCA to be undertaken as an offset for this project. At this time inter-site comparisons will be made between those sites located within This has not been required during the audit 8.13 Not Triggered the SSCA and those within the WWC COA to understand if there are other sites in period. the SSCA that can be conserved into the future to address intergenerational equity requirements for the Bangalow Creek Grinding Groove sites.
The report that attempts to address the questions posed in the Research Design and Methodology (refer to Appendix 5) and pulls together all of the information from additional surveys will be prepared following the completion of the excavation of This has not been required during the audit 8.13 Not Triggered the Cockle Creek Rockshelter Site with Artefacts and PAD (#38-4-1260) and will period. incorporate information derived from the survey and assessment of the COA, and of the survey of the broader SSCA. 8.14 Resourcing Registered Aboriginal Parties for Review WWC will commit to providing adequate resources to the registered Aboriginal During the site visit, auditors viewed budget 8.14 parties to remunerate them for their expertise and time in reviewing reports and papers and invoices indicating that this has Complies providing information for inclusion in reports. been undertaken during the audit period.
60302473 Appendix Q 15 AECOM
Reference Requirement Evidence Audit Finding Aboriginal Cultural Heritage Management Plan West Wallsend Colliery (Xstrata Coal, June 2012) 6.4.2 Aboriginal Advisory Groups There has been a request from the RAPs to involve an additional resource from QLD, a This will also include (with agreement of WWC) covering the costs of any well known archaeological-community liaison 8.14 reasonable additional resources that may be needed to allow the registered specialist. Interviews with WWC environment Complies Aboriginal parties to provide the required services. staff confirmed that WWC is committed to seeing that process through with the additional resource.
60302473 Appendix Q 16 AECOM Independent Environmental Audit
Appendix R
Audit Protocol: Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit R-1
Appendix R Audit Protocol: Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 2.3.1 Dust Concentration No exceedances of these criteria have been recorded or 2.3.1 The Project Approval criterion for particulate matter is outlined in Tables 2.1 and 2.2. Complies reported during the audit period.
2.3.2 Dust Deposition No exceedances of these criteria have been recorded or 2.3.2 The Project Approval air quality criteria for dust deposition are included in Table 2.3. Complies reported during the audit period.
2.4 Air Quality Management
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and unsealed access roads, that weekly sweeping of paved store WWC is committed to implementing all reasonable and feasible air quality mitigation areas and haul loop are undertaken, and that dust flaps are measures, to reduce the potential impact of the operation on sensitive receivers. WWC will situated on the ROM bin. During the site visit, auditors also found 2.4 Complies also maintain awareness of new technologies for air quality mitigation through participation the site to be maintained in a clean and tidy manner. Auditors in relevant industry groups. also viewed monthly site inspection records confirming how the site is maintained. Camera network for onsite dust emissions was also sighted by the auditors during the site visit. No exceedances of depositional dust criteria were recorded during the audit period.
2.4.1 Operational Controls
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical A range of general operational dust control measures are currently employed at WWC, suppressants are currently being trialled on hardstand and including: unsealed access roads, that weekly sweeping of paved store • The use of manually-operated water sprays for unpaved areas and for the paved ring areas and haul loop are undertaken, and that dust flaps are road at the WWC pit-top (refer to Figure 2.1); situated on the ROM bin. During the site visit, auditors also found 2.4.1 • Periodic sweeping of the haul road and other paved areas to reduce road surface silt Complies the site to be maintained in a clean and tidy manner. Auditors loadings; and also viewed monthly site inspection records confirming how the • Use of loading flaps during truck loading at the surface bin to restrict dust. site is maintained. Camera network for onsite dust emissions The effectiveness of dust controls will continue to be evaluated throughout the operation of was also sighted by the auditors during the site visit. No WWC (refer to Section 2.4.2.8). exceedances of depositional dust criteria were recorded during the audit period.
Additional dust management controls, including new technologies, will be investigated and New dust suppressant technologies are currently being trialled at 2.4.1 Complies implemented where practicable. WWC to improve this performance. 2.4.2.1 Unsealed Roads WWC will implement the following management controls to mitigate dust emissions from 2.4.2.1 Complies unsealed roads: • Ripping and revegetation of obsolete roads; • Unsealed access roads with high traffic volumes will be sealed, chemically stabilised or regularly watered; • Hardstand areas with ‘frequent mobile equipment activity’ will be chemical stabilised or regularly watered; and 2.4.2.1 Unsealed Roads
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and • Apply preventative measures where practicable to prevent material being deposited on haul roads, unsealed access roads, that weekly sweeping of paved store such as: areas and haul loop are undertaken, and that dust flaps are - Avoid overloading which could result in spillage; situated on the ROM bin. During the site visit, auditors also found - Provide for storm water drainage to prevent water erosion onto stabilised unsealed roads; and the site to be maintained in a clean and tidy manner. Auditors - Prevent wind erosion from adjacent open areas through the use of wind breaks, vegetative also viewed monthly site inspection records confirming how the stabilisation or chemical sealing of ground where possible. site is maintained. Camera network for onsite dust emissions was also sighted by the auditors during the site visit. No exceedances of depositional dust criteria were recorded during the audit period.
60302473 Appendix R 1 AECOM
Reference Requirement Evidence Audit Finding Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 2.4.2.22.3.1 Dust Sealed Concentration Roads WWC will implement the following management controls to mitigate dust emissions from 2.4.2.2 Complies sealed roads:
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical • Application of preventative measures where practicable to prevent material being deposited on roads, suppressants are currently being trialled on hardstand and such as: unsealed access roads, that weekly sweeping of paved store - Pave, chemically stabilise or regularly water access points where unsealed traffic surfaces adjoin areas and haul loop are undertaken, and that dust flaps are sealed roads; situated on the ROM bin. During the site visit, auditors also found - Prevent wind erosion from adjacent open areas through the use of wind breaks, vegetative the site to be maintained in a clean and tidy manner. Auditors stabilisation or chemical sealing of ground; also viewed monthly site inspection records confirming how the - Vegetate, pave or chemically stabilise shoulders of sealed roads; site is maintained. Camera network for onsite dust emissions - Avoid overloading of trucks which could result in spillage; was also sighted by the auditors during the site visit. No - Provide for storm water drainage to prevent water erosion onto sealed roads; exceedances of depositional dust criteria were recorded during the audit period.
• Provide for rapid clean up of material spilled on the road, and re-routing of traffic around spills until they are removed; • Control of road surface dust loading by regular use of a sweeper; and • Periodic visual inspections of road surface silt loadings by trained personnel. 2.4.2.3 Exposed Areas
Only minimal vegetation clearing has been undertaken at WWC during the audit period for exploration activities. Interviews with WWC environment personnel confirmed that this is the process WWC is committed to minimising the area of disturbance by restricting the clearance of vegetation and that is undertaken. Site auditors also viewed copies of pre- 2.4.2.3 topsoil. Where possible, clearing activities will be limited to the minimum area necessary, with air clearance documentation. An erosion and sediment control plan Complies quality management measures implemented to mitigate dust emissions from the exposed areas. is required for any surface disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Longer processes such as drilling works are managed through a contract to work approval.
Additionally, rehabilitation and revegetation of disturbed areas will occur as soon as practicable to minimise the potential for windblown dust. Short term stabilisation measures, such as hydromulch, will be used to stabilise disturbed areas. Access to disturbed or hydromulched areas will be restricted to prevent further disturbance. 2.4.2.4 Coal Handling and Stockpiling
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and WWC will implement the following management controls to mitigate dust emissions from 2.4.2.4 unsealed access roads, that weekly sweeping of paved store Complies during coal handling and stockpiling activities: areas and haul loop are undertaken, and that dust flaps are situated on the ROM bin. Auditors also viewed monthly site inspection records confirming how the site is maintained.
• Minimise double handling of material; • Full or partial enclosure of coal conveyors; • Belt cleaning will be undertaken to remove coal debris from belts; and • Visual monitoring of coal stockpiles for dust emissions will be conducted by trained personnel. 2.4.2.5 Topsoil Stockpiling
Site auditors viewed copies of pre-clearance documentation. An WWC will implement the following management controls to mitigate dust emissions from erosion and sediment control plan is required for any surface 2.4.2.5 Complies topsoil stockpiling activities: disturbance works. WWC Environment and Community Manager and Operations or Site Manager signs off on this. • WWC will seed topsoil stockpiles if they will be in place for greater than three months; • Topsoil stockpiles will be clearly signposted; and • Topsoil stockpiles will, where possible, be gently battered with heights limited to 2m. 2.4.2.6 Camera Technology In addition to the above, WWC will establish a camera network for dust management purposes at the WWC surface facilities. The proposed location of the cameras is shown on Figure 2.1. The cameras Camera network for onsite dust emissions was sighted by the 2.4.2.6 Complies will be used to monitor potential dust generating activities, identify dust sources, and identify when auditors during the site visit. additional controls are required to be utilised. 2.4.2.7 Dust Risk Register WWC has developed a detailed dust source register to document dust mitigation measures for sources and activities which have the potential to result in air quality impacts. The dust risk register includes the following: • Dust sources and dust generating activities; • Current controls to manage dust, including physical, procedural and behavioural During the site visit the auditors sighted this dust risk register, 2.4.2.7 Complies controls; and and noted that it was last reviewed in August 2011. • Planned improvements. The dust risk register will be reviewed every two years or earlier if changes to the WWC operations occur. Any substantial changes to the dust risk register will be reported in the Annual Review. 2.4.2.9 Off-site Odours, Fume and Spontaneous Combustion
During the audit period no offensive odours have been noticed in There are no activities undertaken on site that are likely to generate off-site odours and/or fumes. relation to the operations at WWC. Also, no community Similarly, no spontaneous combustion incidents have occurred at WWC during its operations. In the 2.4.2.9 complaints regarding odour have been received. Spontaneous Complies event one of these incidents occurs, WWC will complete an investigation into the cause and implement combustion has not been an issue at WWC either historically or corrective actions to prevent a reoccurrence (refer to Section 2.6). during the audit period. 2.4.3 Continuous Improvement
Interviews with WWC environment personnel confirmed that dust sprays are used on surface hardstand areas, that chemical suppressants are currently being trialled on hardstand and unsealed access roads, that weekly sweeping of paved store Where possible, WWC will attempt to implement all reasonable and feasible air quality mitigation areas and haul loop are undertaken, and that dust flaps are measures. The basis for continuous improvement of air quality mitigation measures will be through the situated on the ROM bin. During the site visit, auditors also found 2.4.3 ongoing monitoring of dust impacts, the review of the WWC Dust Risk Register and the Complies the site to be maintained in a clean and tidy manner. Auditors corrective/preventative action process. Through the development of corrective/preventative actions, also viewed monthly site inspection records confirming how the WWC will investigate ways to reduce the air quality impacts generated by the operation. site is maintained. Camera network for onsite dust emissions was also sighted by the auditors during the site visit. No exceedances of depositional dust criteria were recorded during the audit period.
60302473 Appendix R 2 AECOM
Reference Requirement Evidence Audit Finding Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 2.3.1 Dust Concentration Additionally, in accordance with the requirements of EPL 1360, WWC will prepare a report which outlines the existing measures being utilised to minimise particle emissions and identify best practice The Oceanic Coal Australia Limited Coal Mine Particulate Matter measures that could be implemented. WWC must evaluate the practicality of implementing these best Control Best Management Practice Determination for WWC 2.4.3 Complies practice measures and outline a proposed timeframe for implementation. The report must be (Xstrata Coal, September 2012) was completed on 28 developed in accordance with the Coal Mine Particulate Matter Control Best Practice – Site Specific September 2012. Determination Guideline (OEH, 2011) and be submitted to OEH by September 2012.
The outcomes of the Oceanic Coal Australia Limited Coal Mine Outcomes of the best practice report and the implementation of any new mitigation measures will be Particulate Matter Control Best Management Practice 2.4.3 Complies reported in the Annual Review and future reviews of this plan. Determination for WWC (Xstrata Coal, September 2012) are contained in Section 3.2.4 of the Annual Review 2012.
2.4.4 Training To ensure the effective implementation of this Plan, all WWC personnel and contractors working on the This general training is included in such training mechanism as WWC pit-top or other surface locations, will be advised of air quality management requirements the WWC General Environmental Awareness Training, the 2.4.4 through the WWC site familiarisation induction. Training is also to be provided to employees as part of Complies Glencore Xstrata Induction and Site Familiarisation training, as the WWC induction and regular environmental awareness training to enforce the importance of dust well as during the WWC Annual Contractor Forum. mitigation. This general training is included in such training mechanism as Additional air quality management training will be provided to personnel and contractors who require the WWC General Environmental Awareness Training, the 2.4.4 Complies specific skills or knowledge relating to dust impacts and mitigation, as required. Glencore Xstrata Induction and Site Familiarisation training, as well as during the WWC Annual Contractor Forum. 2.5.1 Air Quality Monitoring Program To assess compliance against dust deposition and dust concentration criteria for WWC, depositional These air quality monitoring frequencies were confirmed by dust, TSP and PM10 are routinely monitored at the locations shown on Figure 2.2. Monitoring will 2.5.1 reference to monthly environmental monitoring reports prepared Complies involve the utilisation of OCAL’s existing Air Quality Monitoring Network, which caters for the WWC air by WWC. quality monitoring requirements. 2.5.1 The frequency of air quality monitoring undertaken is detailed in Table 2.4. Complies
2.5.1.1 Dust Concentration As shown in Figure 2.2, the following dust concentration monitors (high volumes air samplers) will be utilised: • One high volume air sampler (HVAS) measuring PM10 concentration; and The site auditors viewed monthly EPL monitoring data from 2.5.1.1 • One HVAS measuring TSP concentrations. WWC and it was confirmed that these are the standards that are Complies The units will be operated in accordance with OEH’s ‘Approved methods for the sampling followed. and analysis of air pollutants in NSW’ (EPA, 2007) which refers to Australian Standards AS/NZS 3580.9.3:2003 and AS/NZS 3580.9.7:2009. 2.5.1.2 Dust Deposition A network of dust deposition gauges has previously been installed in the area surrounding WWC for other OCAL operations. This network comprises seven dust deposition gauges which can be utilised to This information is included in Section 3.2 and Figure 3.1 of the 2.5.1.2 Complies monitor dust emissions from WWC (Figure 2.2). Results obtained from these dust deposition gauges Annual Review 2012. will be reported in the WWC Annual Review. Dust deposition monitoring will be undertaken in accordance with OEH’s ‘Approved methods for the The site auditors viewed monthly EPL monitoring data from 2.5.1.2 sampling and analysis of air pollutants in NSW’ (EPA, 2007) which refers to Australian Standard WWC and it was confirmed that these are the standards that are Complies AS/NZS 3580.9.3:2003. followed. 2.5.1.3 Meteorological Monitoring
WWC is currently in the process of installing a meteorological weather station at the WWC pit-top, A new meteorological station was installed at WWC in December 2.5.1.3 Complies which will be in operation by 2013 (refer to Figure 2.2). 2012, as reported in the Annual Review 2012. The weather station consists of instruments and a data-logging system to monitor the following parameters: Auditors viewed correspondence between WWC and Novecom • Wind speed at 10 metres above ground; regarding the supply and installation of the Sentinex Weather 2.5.1.3 • Wind direction at 10 metres above ground; Monitoring System that is now located at WWC. This Complies • Sigma-theta from sampled wind direction measurements; correspondence from Novecom confirmed that the System would • Temperature at 2 metres and 10 metres above ground; and comply with these requirements. • Rainfall.
Auditors viewed correspondence between WWC and Novecom regarding the supply and installation of the Sentinex Weather Monitoring System that is now located at WWC. This correspondence from Novecom confirmed that the System would The weather station will be maintained and operated in accordance with the OEH’s ‘Approved methods comply with the Approved Methods for the Sampling and 2.5.1.3 for the sampling and analysis of air pollutants in NSW’ (EPA, 2007) which refers to Australian Standard Complies Analysis of Air Pollutants in New South Wales (DEC, 2006) AS 3580.14:2011. (specifically AM-2 Guide for measurement of horizontal wind for air quality applications, and the AM-4 Meteorological monitoring guidance for regulatory modelling applications), as well as with Australian Standard 4580.14-2012.
Prior to the installation of the new meteorological station, WWC will continue to utilise data obtained This occurred before the new meteorological station was 2.5.1.3 Complies from the Westside Mine meteorological station. installed at WWC in December 2012. 2.5.2 Compliance Assessment Protocol
In the event of an exceedance of the impact assessment criteria provided in Tables 2.1, 2.2 and 2.3, WWC will investigate and report the exceedance in accordance with Section 2.6. The investigation No exceedances of these criteria have been recorded or 2.5.2 undertaken by WWC will involve an assessment of WWC’s likely contribution to any identified Complies reported during the audit period. exceedances of air quality criteria. External reporting regarding air quality related environmental incidents will be undertaken in accordance with the process outlined in Section 2.6.1. In addition, in the event that a landowner considers that WWC is exceeding air quality criteria at his or No landowner complaints relating to air quality have been 2.5.2 her property, the landowner may request an independent review of the air quality impacts at the Complies recorded or reported during the audit period. property. The independent review process is outlined in Section 2.7.
60302473 Appendix R 3 AECOM
Reference Requirement Evidence Audit Finding Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 2.6.12.3.1 EnvironmentalDust Concentration Incidents
There have been no incidents reported and no community All environmental incidents will be investigated by the OCAL Environment and Community 2.6.1 complaints received during the audit period that relate to air Not Triggered Manager. All environmental incidents will be reported annually in the Annual Review. quality or greenhouse gas emissions.
In accordance with amendments to the POEO legislation, WWC must, within 14 days of There have been no incidents reported and no community 2.6.1 receipt of monitoring data relating to a pollution incident, make the data available on the complaints received during the audit period that relate to air Not Triggered WWC website. quality or greenhouse gas emissions. In addition, in accordance with Condition 1 of Schedule 5 of the Project Approval, as soon as practicable after obtaining monitoring results showing an exceedance of air quality criteria in Schedule 4, WWC will: There have been no incidents reported and no community 2.6.1 • Notify affected landowners in writing of the exceedance, and provide regular monitoring results to complaints received during the audit period that relate to air Not Triggered each affected landowner until the project is again complying with the relevant criteria; and quality or greenhouse gas emissions. • Send a copy of the NSW Health fact sheet entitled ‘Mine Dust and You’ to the affected landowners and/or tenants of the land (including tenants of any mine-owned land). 2.6.2 Unforeseen Impacts Protocol In the event of unforeseen impacts associated with air quality at WWC surface facilities, the following protocol will be implemented: • Conduct a preliminary review of the nature of the impact, including: Any relevant monitoring data; and Current mine activities and land use practices; 2.6.2 • Commission an investigation into the unforeseen impact to confirm cause and effect and This has not been required during the audit period. Not Triggered consider relevant options for amelioration of impact(s) as appropriate; • Prepare an action plan in consultation with the relevant stakeholders; • Mitigate causal factors where possible; and • Implement additional monitoring as necessary to measure the effectiveness of the controls implemented. The outcomes of the investigations into any unforeseen impacts and the controls / 2.6.2 remediation actions implemented will be undertaken in consultation with DP&I and OEH and This has not been required during the audit period. Not Triggered will be reported in the Annual Review. 2.6.3 External Reporting A summary of air quality monitoring results will be provided in the WWC Annual Review, in 2.6.3 Section 3.2 of the Annual Review 2012 contains this information. Complies accordance with Condition 4 of Schedule 6 of the Project Approval In addition, any significant findings regarding the implementation of this plan will be reported in the 2.6.3 Section 3.2 of the Annual Review 2012 contains this information. Complies Annual Review. The Annual Review will also document complaints relating to the performance, maintenance and/or 2.6.3 Section 3.2 of the Annual Review 2012 contains this information. Complies failure of the air quality management controls. Air quality monitoring results will also be made publicly available on the WWC website in accordance 2.6.3 with Schedule 6, Condition 11 of the Project Approval. WWC will update these results regularly in Monthly EPL monitoring data is available on WWC website. Complies accordance with the relevant legislation. 2.6.4 Community Complaints and Consultation Complaints relating to air quality management at WWC will be managed in accordance with WWC SD PRO 0036 Community Complaint and Environmental Incident Management Procedure. This will 2.6.4 This has not been required during the audit period. Not Triggered include initial contact with the complainant within 24 hours of receiving the complaint, as well as a detailed investigation into the cause of the complaint. Outcomes of the investigation will be developed in corrective/preventative actions to reduce the 2.6.4 This has not been required during the audit period. Not Triggered likelihood of further complaints. A summary of complaints will be available to regulatory authorities on request and provided in the 2.6.4 This has not been required during the audit period. Not Triggered Annual Review. Air quality management issues of interest to the community will be addressed in regular Community 2.6.4 Consultative Committee (CCC) meetings in accordance with Condition 6 of Schedule 6 of the Project This has not been required during the audit period. Not Triggered Approval and the OCAL Social Involvement Plan (SIP). CCC meetings will be conducted in general accordance with the Guidelines for Establishing and 2.6.4 Operating Community Consultative Committees for Mining Projects (Department of Planning, 2007, or This has not been required during the audit period. Not Triggered its latest version). 2.6.4 Community Complaints and Consultation Specific issues relating to individual landowners and residents will be addressed directly by the OCAL 2.6.4 This has not been required during the audit period. Not Triggered Environment and Community Manager as required. 2.6.5 Monitoring Records
During the site visit, auditors viewed EPL records for WWC back In accordance with EPL condition M1 and as per WWC document control procedures, monitoring 2.6.5 to 2003. EPL records were noted to be in good order, and WWC Complies records will be maintained on-site for at least 4 years. site staff were able to access them easily. 2.7 Independent Review Process In the event that a landowner considers that WWC is exceeding air quality criteria at his or her property, the landowner may request an independent review of the air quality impacts at the property. 2.7 This has not been required during the audit period. Not Triggered The independent review will be conducted in accordance with the procedure described in Schedule 5, Conditions 2 and 3 of the Project Approval. 3.3.1 National Greenhouse and Energy Reporting System
The GHG and energy reporting undertaken through the reporting of NGERS data via OSCAR will form WWC's GHG usage continues to be reported as part of Xstrata's 3.3.1 the basis of calculations undertaken to determine liabilities under the Carbon Pricing Mechanism Australia-wide operations under the National Greenhouse and Complies (CPM), which has been established by the Clean Energy Act 2011 and its regulations. Energy Reporting Act 2007. 3.3.2 Greenhouse Gas Performance Measures WWC are not required to commit to specific greenhouse gas performance targets under legislation, This information is contained within the Energy Review industry codes of practice or XC SD Standards. WWC will, however, commit to developing and 3.3.2 Workshop Outcomes Report: West Wallsend and MCPP Complies reporting on its greenhouse gas intensity (TCO2-e/ROM tonne) and energy use intensity (GJ/ROM (energetics, 2012). tonne) indicators on an annual basis. In 2012 a review was undertaken to determine an Energy WWC’s energy efficiency target will continue to be refined based on the outcomes of monitoring and Savings Action Plan and Energy Efficiency Opportunities. WWC 3.3.2 following continuous improvement processes to ensure all reasonable and feasible measures are Complies also plans to undertake an energy audit in 2013 to identify any implemented to reduce energy consumption. further energy reduction opportunities.
Greenhouse gas and energy use indicators are reported in the 2012 Annual Review through a reference to the National Not Compliant - 3.3.2 Greenhouse gas and energy use indicators will be included in the WWC Annual Review. Greenhouse and Energy Reporting Scheme (NGERS) however, Recommendation this specific information is not contained within the Annual Made Review 2012. XC has also made corporate commitments to reducing greenhouse gas emissions as part of their Some general information about GHG emissions and 3.3.2 Climate Change Strategy. WWC will report greenhouse gas management performance in the Annual management is provided in section 3.15 of the Annual Review Complies Review. 2012.
60302473 Appendix R 4 AECOM
Reference Requirement Evidence Audit Finding Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 3.4.12.3.1 EmissionsDust Concentration Sources
In 2012 a review was undertaken to determine an Energy Savings Action Plan and Energy Efficiency Opportunities. WWC WWC will implement reasonable and feasible management controls to mitigate Scope 1 and also plans to undertake an energy audit in 2013 to identify any 3.4.1 Complies Scope 2 greenhouse gas emissions associated with the site. further energy reduction opportunities. This information is contained within the Energy Review Workshop Outcomes Report: West Wallsend and MCPP (energetics, 2012).
The management controls implemented at WWC will be initiated at both corporate and site levels. The Interviews with WWC environment staff confirmed that this 3.4.1 following sections outline a combination of corporate and site based greenhouse gas management Complies process is undertaken. controls. 3.4.2 Design Controls
In 2012 a review was undertaken to determine an Energy As WWC is an existing mining operation, WWC will primarily focus on identifying, evaluating Savings Action Plan and Energy Efficiency Opportunities. WWC and implementing operational greenhouse gas management controls throughout the life of also plans to undertake an energy audit in 2013 to identify any 3.4.2 the project. Additionally, energy and greenhouse gas reduction opportunities will be considered during Complies further energy reduction opportunities. This information is the design phase of any new projects, plant or infrastructure that may be required for contained within the Energy Review Workshop Outcomes WWC’s remaining life of mine. Report: West Wallsend and MCPP (energetics, 2012). 3.4.3 Procurement Interviews with WWC environment staff confirmed that this 3.4.3 WWC will include an assessment of energy efficiency for AFE’s for major projects and purchases. Complies process is undertaken. 3.4.4 Corporate Controls XC has developed a climate change strategy and 5-year plan that will be reviewed annually to ensure continuous improvement. In the short term, XC will focus on the following issues to underpin the Climate Change Strategy: This was noted, however the audit did not require a finding to be 3.4.4 Not Triggered • Improving the greenhouse and energy reporting performance at each site; and made on this point. • Prioritising a pipeline of greenhouse gas abatement projects across the business based on Marginal Abatement Cost Curve (MACC) analysis. 3.4.5 Site Controls
In 2012 a review was undertaken to determine an Energy Savings Action Plan and Energy Efficiency Opportunities. WWC XC requires all sites to review their life of mine planning on an annual basis. As part of this process, also plans to undertake an energy audit in 2013 to identify any 3.4.5 sites are required to forecast future greenhouse gas emissions and review greenhouse gas and energy Complies further energy reduction opportunities. This information is reduction opportunities. contained within the Energy Review Workshop Outcomes Report: West Wallsend and MCPP (energetics, 2012). 3.4.5.1 Fugitive Emissions Management controls to address fugitive emissions will be evaluated by XC as part of an annual Interviews with WWC environment staff confirmed that this 3.4.5.1 planning process for allocating capital expenditure across the Division. process is undertaken. Complies 3.4.5.2 Energy Use
In 2012 a review was undertaken to determine an Energy Savings Action Plan and Energy Efficiency Opportunities. WWC WWC will continue to develop and evaluate options for reducing energy consumption by maintaining an also plans to undertake an energy audit in 2013 to identify any 3.4.5.2 Complies Energy Efficiency Action Plan (EEAP). further energy reduction opportunities. This information is contained within the Energy Review Workshop Outcomes Report: West Wallsend and MCPP (energetics, 2012).
XC requires all sites to prepare an EEAP. The EEAP consolidates the energy efficiency planning requirements of XC, the EEO Program and Energy Savings Action Plans. WWC will continuously improve its EEAP via an annual review and planning process, which includes the This has not been finalised yet. However, as outlined in Section 3.4.5.2 following: 3.15 of the Annual Review 2012, WWC has committed to Complies • Undertaking an energy efficiency workshop (review of energy use and energy use intensity metrics); completing this EAAP during 2013. • Reviewing management options identified in the EEO project opportunities pipeline; and • Reviewing projects identified in the ESAP. 3.4.5.2 Energy Use
XC will continue to facilitate an annual energy efficiency workshop for WWC to generate new energy efficiency options for further evaluation. The energy efficiency workshop will involve appropriate site personnel and external facilitators as required. The workshop will involve the following five steps: 1. Reviewing energy management processes and planning on site, including a review of the most This information is contained within the Energy Review recent energy and greenhouse gas baseline for the site; 3.4.5.2 Workshop Outcomes Report: West Wallsend and MCPP Complies 2. Converting recommended actions derived from the energy management diagnostic into site specific (energetics, 2012). management actions; 3. Reviewing and updating the status of previously identified/reported projects; 4. Capturing new opportunities identified since the previous review; and 5. Obtaining feedback/suggestions from participants on how the review process might be improved. WWC have conducted a detailed energy use assessment and developed an ESAP. The outcomes of Interviews with WWC environment staff confirmed that this 3.4.5.2 the baseline assessment will be utilised to prioritise energy savings projects for future implementation Complies process is undertaken. at WWC. 3.4.5.4 Industrial Processes The installation of SF6-free switch gear will be considered in line with Xstrata’s procurement process as Interviews with WWC environment staff confirmed that this 3.4.5.4 Complies new switch gear is installed and/or replaced. process is undertaken. 3.4.6 Prioritising GHG Management Controls Through the annual monitoring, review and planning cycle, WWC will generate and evaluate This has not been finalised yet. However, as outlined in Section greenhouse gas management controls. Greenhouse gas management controls will be prioritised based 3.4.6 3.15 of the Annual Review 2012, WWC has committed to Complies on a robust review process. WWC will use an eight step process for prioritising greenhouse gas completing this EAAP during 2013. management controls. The eight steps are: 1. Document greenhouse gas management options for the site including those identified through the processes described in Section 3.4.5.2 (EEAP); 2. Identify and document all options that are not technically feasible (i.e. significant technical barriers to implementation); 3. Review past performance of greenhouse gas management options and make informed assumptions about their ability to manage greenhouse gas emissions; 4. Calculate the net present value (NPV) of implementing each management option deemed to be technically feasible. NPV calculations should be completed over the useful life option and include capital expenditure, operational expenditure and forecast savings/revenue; This has not been finalised yet. However, as outlined in Section 5. Estimate the greenhouse gas savings (TCO2-e) of implementing each management option deemed 3.4.6 3.15 of the Annual Review 2012, WWC has committed to Complies technically feasible; completing this EAAP during 2013. 6. Develop a marginal cost of abatement table in consultation with XC / XCN (refer to Table 3.1 for an example). The table contains technically feasible management options for the management and potential reduction of GHG; 7. Prioritise an annual management control implementation program based on cost of abatement ($/TCO2-e); and 8. Document the outcomes of the analysis to aid future analysis and for potential reporting in the annual review to DP&I (refer to Section 3.6.2). Documentation of outcomes will include: a. Priority management options for implementation; b. Potential future projects that have the potential to be feasible; and c. Projects with an unreasonable cost of abatement. WWC will prioritise greenhouse gas management options annually. The annual prioritisation process Interviews with WWC environment staff confirmed that this 3.4.6 will assist operational planning and support a transparent process for demonstrating WWC’s Complies process is undertaken. commitment to implementing all reasonable and feasible greenhouse gas management controls. To ensure that greenhouse gas mitigation actions are not incorrectly prioritised, the efficacy of Interviews with WWC environment staff confirmed that this 3.4.6 Complies management actions will be fed back into the annual prioritisation process. process is undertaken.
60302473 Appendix R 5 AECOM
Reference Requirement Evidence Audit Finding Air Quality and Greenhouse Gas Management Plan West Wallsend Colliery (Xstrata Coal) 3.5.12.3.1 DustGreenhouse Concentration Gas Monitoring WWC will monitor greenhouse gas emissions, energy use and energy production through The GHG performance of WWC continues to be reported in this direct monitoring and modelling from operational data. The greenhouse gas monitoring 3.5.1 manner as part of Xstrata's Australia-wide operations under the Complies program will require direct measurement of fugitive emissions and the collation of activity National Greenhouse and Energy Reporting Act 2007. data such as energy use, coal production and waste disposal.
The GHG performance of WWC continues to be reported in this WWC will utilise relevant XC NGERS Protocols when monitoring greenhouse emissions and activity 3.5.1.1 manner as part of Xstrata's Australia-wide operations under the Complies data. National Greenhouse and Energy Reporting Act 2007.
The GHG performance of WWC continues to be reported in this Table 3.3 outlines how greenhouse gas and energy use monitoring will be achieved across multiple 3.5.1.2 manner as part of Xstrata's Australia-wide operations under the Complies systems. National Greenhouse and Energy Reporting Act 2007.
To comply with the NGER Act, WWC is required to retain records of energy consumption, The GHG performance of WWC continues to be reported in this 3.5.1.3 energy production, emissions data and estimations for a minimum of seven years from the manner as part of Xstrata's Australia-wide operations under the Complies end of the reporting period in which the activities took place. National Greenhouse and Energy Reporting Act 2007. 3.6.1 Internal Reporting
The GHG performance of WWC continues to be reported in this WWC will report greenhouse gas activity data internally via Xstrata Sustainability Database 3.6.1 manner as part of Xstrata's Australia-wide operations under the Complies (XSD). National Greenhouse and Energy Reporting Act 2007. 3.6.2 External Reporting
WWC will report its annual greenhouse gas emissions via the On-line System for Comprehensive The GHG performance of WWC continues to be reported in this 3.6.2 Activity Reporting (OSCAR), which is a Commonwealth Government website. GHG emissions from manner as part of Xstrata's Australia-wide operations under the Complies WWC will be reported as a single facility under the control of AZSA Holdings Pty Ltd. National Greenhouse and Energy Reporting Act 2007.
WWC will report its progress in identifying and implementing energy efficiency projects via the annual The GHG performance of WWC continues to be reported in this 3.6.2 EEO report submitted by AZSA Holding Pty Ltd. Annual EEO reports can be found on the Department manner as part of Xstrata's Australia-wide operations under the Complies of Resources, Energy and Tourism website. National Greenhouse and Energy Reporting Act 2007 . WWC will complete an online Energy Savings Action Plan report annually. The online report will Energy Savings Report was completed in December 2012, but contain: Not Compliant - not published online. Section 3.15 of the Annual Review 2012 3.6.2 • Annual energy consumption for the reporting period; Recommendation contains some very brief information about greenhouse gas • The status of actions identified in the approved savings action plan; and Made management, but does not provide energy savings planning. • Newly identified actions and measures. WWC will summarise the implementation of the ESAP and EEO actions in the Annual Review Not Compliant - This specific information is not contained within the Annual 3.6.2 prepared for the DP&I. WWC will also report the implementation of greenhouse gas mitigation Recommendation Review 2012. measures (refer to Section 3.4.6) to DP&I on an annual basis. Made 3.6.3 Management of Unpredicted Emissions WWC will identify unpredicted emissions by comparing its accumulated emissions, with the 3.6.3 This has not been required during the audit period. Not Triggered original greenhouse gas projections completed for the WWCCOP Environmental Assessment. The GHG performance of WWC continues to be reported in this WWC will monitor its accumulated Scope 1 and Scope 2 emissions via the NGERS reporting 3.6.3 manner as part of Xstrata's Australia-wide operations under the Complies process. National Greenhouse and Energy Reporting Act 2007 . 3.6.4 Management of Non-Compliances
External reporting of GHG performance, including the identification of greenhouse gas management The GHG performance of WWC continues to be reported as part 3.6.4 controls implemented at WWC (refer to Section 3.4.6), will be undertaken by OCAL in accordance with of Xstrata's Australia-wide operations under the National Complies Section 3.6.2. Greenhouse and Energy Reporting Act 2007. 4. Review and Improvement This has occurred during the audit period, as evidence by the Ongoing monitoring and review on the performance and implementation of this plan will be 4 West Wallsend Colliery 2013 Annual Review of Environmental Complies undertaken in accordance with WWC Environmental Management Strategy. Management Plans . In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary revise, the strategies, plans, and programs required under Project Approval to the satisfaction of the Director- On 19 May 2013, after the submission of the Annual Review General, within 3 months of the submission of: 2012 on 30 April 2013, WWC undertook a review of its (a) The submission of an annual review under condition 4 above; management plans as per Condition 5(a), Schedule 6 of the 4 (b) The submission of an incident report under condition 7 below; Project Approval. It has been identified that the Air Quality and Complies (c) The submission of an audit report under condition 9 below; and Greenhouse Gas Management Plan will require further updates (d) Any modification to the conditions of this approval (unless the conditions require otherwise), to in relation to the updated location of a monitoring point to the Proponent shall review, and if necessary revise, the strategies, plans, and programs required under avoid vandalism. this approval to the satisfaction of the Director-General. The Environment and Community Manager (or delegate) will review and if necessary, revise This has occurred during the audit period, as evidence by the this plan and resubmit to DP&I every year or earlier if required. Any changes made to the West Wallsend Colliery 2013 Annual Review of Environmental plan as a result of the review will be made in consultation with OEH. A copy of the revised Management Plans . On 21 June 2013, WWC resubmitted this 4 plan will be supplied to the Director General of DP&I for approval. The plan will reflect Complies plan to DP&I, and is still awaiting final approval of the plan from changes in environmental requirements, technology and operational procedures. Updated the Director-General. As such, the plan cannot yet be made versions of the approved plan will be made publicly available on the WWC website available on the WWC website. (http://www.westwallsendcolliery.com.au/).
60302473 Appendix R 6 AECOM Independent Environmental Audit
Appendix S
Audit Protocol: Surface Water Management Plan West Wallsend Colliery (Xstrata Coal)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM Independent Environmental Audit S-1
Appendix S Audit Protocol: Surface Water Management Plan West Wallsend Colliery (Xstrata Coal)
Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930 AECOM
Reference Requirement Evidence Audit Finding Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 1.2 Purpose and Scope
Auditors viewed evidence of WWC staff undertaking training in accordance with Approved Methods for The SWMP will be implemented in accordance with the current version of Approved Methods for the the Sampling and Analysis of Water Pollutants in 1.2 Sampling and Analysis of Water Pollutants in New South Wales (Department of Environment and New South Wales (DEC, 2004). Training was Complies Conservation ((DEC), 2004). undertaken by VGT, and an external audit was undertaken to confirm compliance with the Approved Methods and relevant Australian Standards.
2.2 Environment Protection Licence Compliance with EPL requirements is confirmed on a 2.2 Surface water monitoring at WWC will be undertaken in accordance with the conditions of EPL 1360. monthly basis through the monthly internal WWC Complies compliance report. 3.2 Water Discharge
WWC will continue to discharge surplus minewater from underground workings via Cockle Creek (in All minewater extracted from the underground accordance with the conditions of EPA Point 4 of EPL 4033 for Westside Mine) or Burkes Creek (in workings is discharged via EPA Point 4 at Westside 3.2 accordance with the conditions of EPA Point 2 of EPL 1360). Discharge of surplus underground mine Mine into Cockle Creek. When maintenance is being Complies water via EPA Point 2 may be necessary during periods of scheduled maintenance on the Longwall 11 conducted on LW11 water is discharged via EPA Borehole pump. Point 2 at WWC in Burkes Creek.
4.1.1 Clean Water Runoff Interviews conducted with WWC environment staff Where possible, runoff from undisturbed areas adjacent to WWC surface facilities is diverted around and the site inspection undertaken by the auditors 4.1.1 disturbed areas using diversion drains. The diversion drains prevent the clean water from entering the Complies confirmed that operations are still conducted in this dirty water catchment and minimise the inflow of clean water runoff into the pit-top facilities. manner. 4.1.2 Dirty Water Runoff
Syphon lines have been installed in the Top Dam and Bottom Dam Cell 2 to allow for dams to be During normal operation, the water management system dams are maintained at low levels to ensure managed at lowest possible levels. This was 4.1.2 that adequate capacity is available in the event of a storm event or period of prolonged rainfall. If Complies confirmed during site inspections. Formal monthly required, water is discharged in accordance with the EPL (refer to Section 4.1.4). inspections are also undertaken of dams, and unofficial inspections are undertaken on most days.
4.1.3 Water Storages Dams are maintained at lowest possible level (>1m freeboard) whenever possible. When rainfall is received the water is treated using automated Water levels within sediment dams are pro-actively managed to maintain stormwater capacity and to floccing system and manual spraying (if required) 4.1.3 minimise the requirement to discharge during storm events. Freeboard will be maintained in all Complies and discharged as soon as possible. During heavy sediment dams prior to rainfall events. storm events the automated and manual floccing systems are used and water is discharged to prevent dams overtopping.
Syphon lines have been installed in the Top Dam and Bottom Dam Cell 2 to allow for dams to be Any additional sediment dams required in the future by WWC will be designed with sufficient capacity managed at lowest possible levels. This was 4.1.3 Complies to treat and/or capture runoff in accordance with the requirements outlined in Appendix 3. confirmed during site inspections. Formal monthly inspections are also undertaken of dams, and unofficial inspections are undertaken on most days.
Dams are generally desilted on an annual basis. 4.1.3 Sediment is periodically removed from the dams in order to maintain storage capacity. Requirement for desilting is assessed as part of Complies monthly environmental inspections.
Any additional sediment dams required in the future by WWC will be designed with sufficient capacity 4.1.3 This has not been required during the audit period. Not Triggered to treat and/or capture runoff in accordance with the requirements outlined in Appendix 3. 4.1.4 Water Transfer and Disposal
On 29 January, In contravention of Condition L3.1, an unmetered discharge of water was observed from the surface water management discharge dam known as Bottom Dam, which is linked to EPL Point Water quality is monitored at EPA Point 2 discharge point as well as upstream of and downstream of 2. On 1 March 2013 unmetered discharge was also the discharge point in Burkes Creek. Water discharged from the site will comply with all quality limits observed from the Bottom Dam and the North East 4.1.4 Not Compliant contained within the relevant EPL. Water quality will be confirmed through sampling in accordance Dam. In contravention of Condition L2.2 on 28 March with the requirements of the EPL. 2013 a monthly water sample was collected from Point 2. The laboratory results received on 9 April 2013 indicated a pH value of 9.4 for Point 2. These exceedances of EPL 1360 conditions are not in strict accordance with section 120 of the Act.
4.1.5 Water Treatment Daily visual inspections of the surface water dams are undertaken by the site environmental supervisor This was confirmed during audit interviews with 4.1.5 Complies to determine whether stored water requires flocculation. WWC environmental personnel. 4.1.8 Inspection and Maintenance Requirements All surface water dams are visually inspected on a daily basis by the site environmental supervisor. This was confirmed during audit interviews with 4.1.8 The purpose of the daily inspections is to check water levels and quality and to determine the need for Complies WWC environmental personnel. any flocculation. Dams are also inspected on a monthly basis by the OCAL Environment and Community Department to This was confirmed during audit interviews with 4.1.8 Complies determine sedimentation levels. WWC environmental personnel. Calibration certificates and records are kept for a period of at least four years in accordance with the During the site visit, auditors viewed these calibration 4.1.8 Complies WWC Environmental Management Strategy (WWC SD FWK 0013). records for EPL Point 2. 4.2 Mining Services Facility Where possible, surface water runoff from areas outside the footprint of the proposed MSF site will be Construction of the MSF did not commence during 4.2 Not Triggered directed around the site to existing table drains and culverts under Wakefield Road. the audit period. Construction of the MSF did not commence during 4.2 Stable vegetative cover will be established on all disturbed areas of the site that are not sealed. Not Triggered the audit period. The proposed access road/deceleration/acceleration lanes will be sealed and constructed with formalised road batters and drainage systems. Runoff from the road surface will be directed to existing Construction of the MSF did not commence during 4.2 Not Triggered table drains and culverts under Wakefield Road which currently convey runoff to the natural the audit period. downstream drainage systems.
60302473 Appendix S 1 AECOM
Reference Requirement Evidence Audit Finding Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 1.2 Purpose andRunoff Scope from the road surface will also be directed to Wakefield Road. Appropriate sediment control structures will be installed to control runoff from hardstand and turning bay areas within the proposed Construction of the MSF did not commence during 4.2 Not Triggered MSF. Runoff will be directed to a hydrocarbon and sediment trap for the removal of potential the audit period. contaminants. All stormwater runoff captured in the bunded area will be visually inspected for the presence of oil and Construction of the MSF did not commence during 4.2 grease. Clean water captured in the bund will be released to the downstream drainage systems. Any Not Triggered the audit period. contaminated water will be removed by a licensed contractor.
A detailed design of the water management system for the MSF will be completed prior to construction Construction of the MSF did not commence during 4.2 Not Triggered of the MSF and will include erosion and sediment controls associated with the construction phase. the audit period. 4.3 No. 3 Ventilation Shaft and Ballast Borehole Site In total, the combined catchment reporting to the sedimentation ponds is approximately 2.9 hectares. Operations at WWC continue to be undertaken in 4.3 Ongoing activities at the No.3 Ventilation Shaft and Ballast Borehole Site will be managed through the Complies this manner. existing water management system at the site. 4.7 Erosion and Sediment Control Site auditors viewed copies of pre-clearance documentation. An erosion and sediment control Erosion and sediment controls will be installed as required at WWC to mitigate the impact on nearby 4.7 plan is required for any surface disturbance works. Complies watercourses and the surrounding environment. WWC Environment and Community Manager and Operations or Site Manager signs off on this.
Site auditors viewed copies of pre-clearance Standard erosion and sediment control techniques will be utilised in accordance with the requirements documentation. An erosion and sediment control 4.7 of Managing Urban Stormwater: Soils and Construction Volume 1 (Landcom, 2004) and Volumes 2A, plan is required for any surface disturbance works. Complies 2C, 2D and 2E (DECC, 2008) (the Blue Book). WWC Environment and Community Manager and Operations or Site Manager signs off on this.
Site auditors viewed copies of pre-clearance The implementation of the controls outlined in the following sections will require the preparation of a documentation. An erosion and sediment control 4.7 site specific, job related plan of erosion and sediment control works to be implemented in support of plan is required for any surface disturbance works. Complies each activity to be undertaken (refer to Section 4.7.3). WWC Environment and Community Manager and Operations or Site Manager signs off on this. 4.7.1 Clearance for Work Procedure An OCAL Clearance for Work Form must be completed for all construction, ground disturbance or Site auditors viewed copies of pre-clearance 4.7.1 clearing activities to detail the erosion and sediment control measures to be implemented for that Complies documentation. activity. Only minimal vegetation clearing has been The form requires detailed erosion and sediment control planning for each stage/area of the 4.7.1 undertaken at WWC during the audit period for Complies relevant activity and may include (but not be limited to) the following: exploration activities. Interviews with WWC environment personnel • An Erosion and Sediment Control Drawing; confirmed that this is the process that is undertaken.
Site auditors also viewed copies of pre-clearance • Information on ground cover, soil type and compaction requirements; documentation.
• Design calculations and key design assumptions for sediment control features such as sediment Arch GIS mapping is also used to identify and avoid dams, including size of catchment area and proportion disturbed; if possible any relevant biodiversity constraints.
An erosion and sediment control plan is required for • An order of works based upon stabilisation of all areas of high erosion hazard at the earliest practical any surface disturbance works. WWC Environment stage; and Community Manager and Operations or Site Manager signs off on this. • Proposed time schedules for construction of structures and implementation of measures to control Longer processes such as drilling works are erosion and sedimentation; managed through a contract to work approval. • Reference to monitoring and maintenance procedures, including details of any water quality testing required; • Rehabilitation requirements (e.g. seeding and fertiliser rates); and • Standard document control information (e.g. date developed, person authorising the procedure and version number). Site auditors viewed copies of pre-clearance For construction activities, the OCAL Clearance for Work Form will be incorporated into the documentation. An erosion and sediment control 4.7.1 construction program and no earthworks or excavations will proceed until the contractor has installed plan is required for any surface disturbance works. Complies the measures detailed within the OCAL Clearance for Work Form. WWC Environment and Community Manager and Operations or Site Manager signs off on this. Site auditors viewed copies of pre-clearance Specific Clearance for Work Forms will be progressively amended where necessary to accommodate documentation. Longer processes such as drilling 4.7.1 Complies changes in construction activities, landforms, drainage paths and other conditions. works are managed through a contract to work approval. 4.7.2 General Erosion and Sediment Control Principles Interviews with WWC environment personnel OCAL will install and maintain erosion and sediment controls in accordance with the Blue confirmed that this is the process that is undertaken. 4.7.2 Book (Landcom, 2004 and DECC, 2008) at the WWC surface facilities. The measures that Site auditors also viewed copies of pre-clearance Complies will be implemented include the following: documentation. An erosion and sediment control plan is required for any surface disturbance works.
• Installation of erosion and sediment control measures as the first step in the process for land disturbance; • Minimising all disturbed areas and stabilisation by progressive rehabilitation/stabilisation as soon as practicable;
• Clearly identifying and delineating areas required to be disturbed and ensuring that disturbance is limited to those areas. Clearing as little vegetation as required, leaving mulch on cleared areas as long as possible and minimising machinery disturbance outside of these areas;
• Construction of diversion drains upslope of areas to be disturbed to direct clean water runoff away from disturbed areas, where practical. The diversion drains will be designed to ensure effective segregation of sediment-laden runoff and allow clean surface water to return to natural watercourses (refer to Appendix 3); • Construction of catch drains to capture runoff from disturbed areas and direct runoff into sediment dams (refer to Appendix 3); • Construction of other erosion and sediment control measures, where required, such as sediment fences and sediment dams within the catchment area; • Construction of drainage controls such as table drains at roadsides and on hardstand areas and toe drains on stockpiles;
60302473 Appendix S 2 AECOM
Reference Requirement Evidence Audit Finding Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 1.2 Purpose and• Construction Scope of sediment dams, where required, to capture runoff from infrastructure areas (refer to Appendix 3); • Addition of flocculant to dams, where required, to aid the settlement of entrained sediment (refer to Appendix 3); • Placement of geotextile liners and rock check dams in drains as required to reduce water velocities and prevent scouring (refer to Appendix 3); • Regular maintenance of all controls and inspection of all works weekly and after storm events to ensure erosion and sediment controls are performing adequately; • Topsoil stockpiles to be located away from high traffic areas and watercourses; • Level or gently sloping areas will be selected as stockpile sites, where required, to minimise erosion and potential soil loss where possible; • Appropriate sediment controls will be installed upslope of stockpiles to divert water around the stockpiles and downslope of stockpiles to prevent soil loss; • Stockpiles will generally be less than three metres high and will be set out in windrows to maximise surface exposure and biological activity; • Vegetation of soil stockpiles if stored for longer than three months; and • Immediate repair or redesign of erosion and sediment controls that are not performing adequately, as identified in field inspections. 4.7.3 Construction and Maintenance Principles
Interviews with WWC environment personnel confirmed that this is the process that is undertaken. OCAL will control erosion and the discharge of water off site from construction activities in accordance 4.7.3 Site auditors also viewed copies of pre-clearance Complies with the Blue Book (Landcom, 2004 and DECC, 2008). documentation. An erosion and sediment control plan is required for any surface disturbance works.
Where a sediment dam is required the following should apply: • Sediment dam design is to be in accordance with Table 2 of Appendix 3; • Sediment dams are to be maintained in a drawn down state as far as practical to ensure the required settling zone is available; 4.7.3 • Where sediment is known to be dispersive, a suitable flocculation system will be available for the This has not been required during the audit period. Not Triggered dam to settle fine particles; • Where discharge is required in order to maintain sufficient surcharge capacity, the discharge is to be undertaken in accordance with the relevant site discharge procedure; and • Sediment dams are to be inspected and maintained as per Section 4.1.8. 4.7.4.1 Selection of Control Techniques In order to effectively plan for the design and installation of control measures that will have minimal erosion and sediment associated impacts upon the surrounding environment, the following steps should be followed (also see below schematic): Interviews with WWC environment personnel • Identify if the problem is associated with erosion or sedimentation: confirmed that this is the process that is undertaken. 4.7.4.1 • Where erosion is the issue, identify if particles are being detached by raindrop impact or flowing Site auditors also viewed copies of pre-clearance Complies water; or documentation. An erosion and sediment control • Where sedimentation is the issue, identify if particles are being transported by sheet flow or plan is required for any surface disturbance works. concentrated flow; and • Select appropriate erosion and sediment control techniques as outlined in Figure 4.4 below. 4.7.4.3 Group 2 – Erosion Control (Flowing Water Impact) Clean water diversions will be constructed upslope of areas to be disturbed to convey clean water runoff away from disturbed areas. This clean water runoff will be diverted into nearby watercourses. Appropriate protection will be established where diverted waters enter creeks through the use of level This was confirmed during audit interviews with 4.7.4.3 spreaders and, if required, additional planting of grass, small shrubs and riparian species to achieve WWC environmental personnel, and during the site Complies the required bank stability. Permanent diversion drains (required for greater than 3 months) are to be inspection undertaken by the site auditors. designed in accordance with the Blue Book to cater for a 20 year Average Recurrence Interval (ARI) storm event. Further design criteria are provided in Appendix 3. Catch drains will be established to convey runoff from the disturbed areas to sediment dams. All This was confirmed during audit interviews with permanent catch drains (required for greater than 3 months) will be designed to convey peak 4.7.4.3 WWC environmental personnel, and during the site Complies discharges from a minimum critical duration 20 year ARI storm event in accordance with the Blue inspection undertaken by the site auditors. Book. Further design criteria are provided in Appendix 3. 4.7.4.4 Group 3 – Sedimentation Control (Sheet Flow) Sediment fences, sediment traps, rock check dams and other temporary erosion and sediment control Site auditors viewed copies of pre-clearance measures from the Blue Book will be installed in advance of, or in conjunction with, earthworks to documentation. An erosion and sediment control prevent sediment laden water leaving the site or entering clean water systems. These temporary 4.7.4.4 plan is required for any surface disturbance works. Complies controls are intended to be used for short periods whilst more permanent erosion and sediment WWC Environment and Community Manager and control structures are being implemented or during emergency scenarios where permanent structures Operations or Site Manager signs off on this. are not deemed appropriate. Sediment fences and other temporary controls are to be designed in accordance with the Blue Book. Site auditors viewed copies of pre-clearance Where necessary, sediment fences or other temporary controls are to be installed immediately documentation. An erosion and sediment control downstream of the areas to be disturbed. Sediment fences are to be installed along contours if 4.7.4.4 plan is required for any surface disturbance works. Complies practicable and the upslope catchment is to have a maximum grade of 1V: 2H (vertical: horizontal). WWC Environment and Community Manager and Sediment fences are not to be installed in high flow areas where the effectiveness of the fences may Operations or Site Manager signs off on this. be impeded (e.g. perpendicular across waterways or drains). Where practicable, the catchment areas of sediment fences and other temporary controls are to be Site auditors viewed copies of pre-clearance limited by constructing the fences or other controls with small returns at 20 metre intervals to create documentation. An erosion and sediment control 4.7.4.4 smaller contributing sub-catchments. This is necessary as sediment fences and other temporary plan is required for any surface disturbance works. Complies controls are prone to failure in larger storm events and should be designed to ensure a maximum of WWC Environment and Community Manager and 50 L/s passes through the sediment fence during a storm event. Operations or Site Manager signs off on this. 4.7.4.5 Group 4 – Sedimentation Control (Concentrated Flow) Sediment dams are to be constructed within dirty water catchments to capture and treat sediment laden water for treatment prior to discharge. Sediment dams will be installed where appropriate prior This was confirmed during audit interviews with to any land disturbance activities occurring and maintained following completion of land disturbance 4.7.4.5 WWC environmental personnel, and during the site Complies activities. The design of each sediment dam will take into consideration the topsoil characteristics of inspection undertaken by the site auditors. the catchment, as well as the presence of any other potential pollutants (e.g. coal fines) (refer to Appendix 3).
Sediment dam sizes will then be determined in accordance with the Blue Book for fine soils (i.e. type This was confirmed during audit interviews with D or F) for the 95th percentile 5 day rainfall event (refer to Appendix 3). Where sediment is 4.7.4.5 WWC environmental personnel, and during the site Complies known/expected to be dispersive, sediment dams will include a flocculation system to assist in settling inspection undertaken by the site auditors. fine particles. All sediment dams will be maintained in a drawn down state as far as practicable.
60302473 Appendix S 3 AECOM
Reference Requirement Evidence Audit Finding Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 5.2.11.2 Purpose Water Re-use and Scope This has been undertaken, as per the West To maintain water efficiency, WWC are currently assessing options to reduce the volume of potable 5.2.1 Wallsend Colliery Water Re-use Investigation Complies water used on site by shandying potable water with mine water for re-use on site. (Xstrata Coal). This has been undertaken, as per the West WWC has committed to completing a series of investigations within 12 months of the Project Approval, 5.2.1 Wallsend Colliery Water Re-use Investigation Complies including: (Xstrata Coal). • A more detailed desktop investigation of the various salt concentrations at other Xstrata operations and relevance to WWC; • Trialling shandying percentages based on the more detailed investigations of salts; • Determining the most appropriate shandying percentage taking into consideration potential water quality impacts on the life and maintenance of the underground mining equipment; and • Completing a conceptual design of the water re-use system. This is currently being been undertaken, as per the The optimal water re-use strategy confirmed by the investigations will be implemented within two years 5.2.1 West Wallsend Colliery Water Re-use Investigation Complies of Project Approval. (Xstrata Coal). This has been undertaken, as per the West If the investigations indicate that shandying potable water with mine water for re-use on site is not 5.2.1 Wallsend Colliery Water Re-use Investigation Complies viable, WWC will investigate the feasibility of other options for mine water treatment and re-use. (Xstrata Coal). This is currently being been undertaken, as per the 5.2.1 The SWMP will be updated to reflect changes to water re-use in the water management system. West Wallsend Colliery Water Re-use Investigation Complies (Xstrata Coal). 5.5 Annual Water Balance An annual site water balance will be compiled based on site water management data collected in This site water balance was included in Section 3.3.4 5.5 Complies accordance with the requirements of Condition 17(a) of Schedule 5 of the Project Approval. of the Annual Review 2012. Specific reporting outcomes from the annual site water balance include: • An estimate of the volume of rainfall runoff collected in each of the catchment areas that make up the WWC Water Management System; This site water balance was included in Section 3.3.4 5.5 • An estimate of the volume of water sourced from the hardrock and alluvial aquifers; Complies of the Annual Review 2012. • The volume of water transferred to or from other mining operations; • Water discharged to EPA Point 2 - Burkes Creek; and • Potable water usage. The annual site water balance will also be used to manage the risks associated with the management, This site water balance was included in Section 3.3.4 5.5 Complies storage and transfer of water at WWC. of the Annual Review 2012. The annual site water balance will also be used to manage the risks associated with the management, This site water balance was included in Section 3.3.4 5.5 Complies storage and transfer of water at WWC. of the Annual Review 2012. The water balance will be reviewed annually as part of the Annual Review for the site (refer to Section 6.2). This will include a comparison of the performance against the predictions in the West Wallsend Continued Operations Project Environmental Assessment (Umwelt, 2010), a comparison of the This site water balance was included in Section 3.3.4 5.5 Complies reported groundwater inflow against licence conditions, a review of the rainfall yield model, a review of of the Annual Review 2012. the water loss models (i.e. evaporation and coal moisture), an assessment of the monitoring equipment reliability and any requirements for additional monitoring equipment. 6.1 Trigger Value Determination Due to the ephemeral nature of Burkes Creek, insufficient data was collected in 2012 to determine In order to understand both the background water quality in Burkes Creek and to develop site-specific suitable trigger values for the monitoring location. trigger values, WWC will commence a targeted monitoring program of Burkes Creek. The program will 6.1 WWC will continue to monitor water quality in Burkes Complies include monitoring of pH, EC, TSS, heavy metals (both total and dissolved), phosphorous and Creek during 2013 to contribute to this baseline data, nitrogen (ammonia) during flow conditions at Burkes Creek upstream of EPA Point 2 (EPL 1360). as reported in Section 3.3.1.3 of the Annual Review 2012. Due to the ephemeral nature of Burkes Creek, insufficient data was collected in 2012 to determine The monitoring will be undertaken on a weekly basis during flow. That is, if the creek is flowing, take a suitable trigger values for the monitoring location. sample for monitoring, note the flow condition (low, medium, high; and steady, rising, falling) and 6.1 WWC will continue to monitor water quality in Burkes Complies ensure that there are at least 7 days and no more than 10 days between successive samples while the Creek during 2013 to contribute to this baseline data, creek is flowing. as reported in Section 3.3.1.3 of the Annual Review 2012. Due to the ephemeral nature of Burkes Creek, insufficient data was collected in 2012 to determine In addition, monitoring at these sites will also include measurements of hardness, measured using suitable trigger values for the monitoring location. 6.1 CaCO3 mg/L as the ANZECC default trigger values can be modified to account for local water WWC will continue to monitor water quality in Burkes Complies hardness in accordance with the ANZECC Guidelines (refer to ANZECC Tables 3.4.3 and 3.4.4). Creek during 2013 to contribute to this baseline data, as reported in Section 3.3.1.3 of the Annual Review 2012.
Due to the ephemeral nature of Burkes Creek, As stated above, ANZECC guidelines recommend that the site-specific trigger values should be based insufficient data was collected in 2012 to determine on a minimum of two years of contiguous monthly data or as interpreted from the OEH 24 samples. suitable trigger values for the monitoring location. Monitoring during flow events is proposed since it may allow sufficient data to be collected in a 6.1 WWC will continue to monitor water quality in Burkes Complies relatively short time period (i.e. less than the two years stated by ANZECC guidelines). This monitoring Creek during 2013 to contribute to this baseline data, program may also allow the site specific trigger levels to be determined with less data if the water as reported in Section 3.3.1.3 of the Annual Review quality monitoring results indicate insignificant variations in the water quality. 2012. 6.2 Monitoring Standards Surface water monitoring at WWC will be undertaken in accordance with relevant Australian Standards, legislation and the OEH approved methods for sampling, including (but not limited to): The site auditors viewed monthly EPL monitoring • Approved Methods for the Sampling and Analysis of Water pollutants in NSW (DEC, 2004); 6.2 data from WWC and it was confirmed that these are Complies • AS/NZS 5667.1:1998 Water Quality – Sampling – Guidance on the Design of Sampling Programs, the standards that are followed. Sampling Techniques and the Preservation and Handling of Samples; and • AS/NZS 5667.10:1998 Water Quality – Sampling – Guidance on Sampling of Waste Waters. 6.3.1 Surface Water Quality Monitoring During the site visit, auditors viewed EPL records for WWC back to 2003. EPL records were noted to be in 6.3.1 WWC will continue to undertake all surface water monitoring in accordance with EPL 1360. Complies good order, and WWC site staff were able to access them easily.
60302473 Appendix S 4 AECOM
Reference Requirement Evidence Audit Finding Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 1.2 Purpose and Scope The first draft of the Draft Surface Water Management Plan West Wallsend Colliery (Xstrata Within 6 months of the approval of this plan, WWC propose to undertake the following Coal) was submitted on 24 July 2012 which is within surface water quality monitoring program: 6 months from consent. Correspondence was 6.3.1 • pH - continuous sampling during discharge using in line instrumentation; received from OEH stating that they would not Not Triggered • Conductivity - continuous sampling during discharge using in line instrumentation; and comment on draft plan. The plan was resubmitted on • Total suspended solids - daily upon discharge via grab sample. 21 June 2013, and WWC are still awaiting for new comments from NoW. Therefore this requirement has not been triggered during the audit period.
Table 6.2 below details the parameters proposed to be monitored to satisfy the requirements of Project This monitoring was undertaken during the audit 6.3.1 Approval. Due diligence monitoring is also undertaken upstream(SW02) and downstream (SW03) of period, as reported in Section 3.3 of the Annual Complies the licensed discharge point (EPA Point 2) at Burkes Creek and is outlined in Table 6.2. Review 2012.
Continuous monitoring capability has been installed Installation of the continuous monitoring equipment and submission of an application to modify the at monitoring Point 2. EPL water monitoring 6.3.1 EPL to reflect the proposed monitoring changes is proposed to occur within 6 months of approval of amendments came into effect on 5 July 2013. Complies this plan. Further amendments are still being negotiated with the EPA/NoW. During the site visit, auditors viewed EPL records for WWC back to 2003. EPL records were noted to be in All monitoring data will be retained in an appropriate format on site and will be used to review the good order, and WWC site staff were able to access effectiveness of the WWC water management system on an ongoing basis, with the water quality them easily. This information is included in Section 6.3.1 Complies monitoring results reported on an annual basis within the WWC Annual Review and in the EPL Annual 3.3 of the Annual Review 2012. There has only been Return (where applicable). one EPL return required during the audit period (i.e. for the 2012 reporting period) which was sighted by the auditors. 6.3.2 EPA Point 2 Discharge Volume Monitoring
On 29 January, an unmetered discharge of water In accordance with the requirements of EPL 1360, WWC will monitor the volume of water discharged was observed from the surface water management via EPA Point 2 through a flow meter. In accordance with EPL 1360, discharge from EPA Point 2 will discharge dam known as Bottom Dam, which is 6.3.2 Not Compliant not exceed 4,000 kilolitres per day. The results of the discharge volume monitoring will be reported linked to EPL Point 2. On 1 March 2013 unmetered annually in the WWC Annual Review and the EPL Annual Return. discharge was also observed from the Bottom Dam and the North East Dam.
6.3.3 Flow Monitoring - Burkes Creek EPA Point 2 Discharge Volume Monitoring Burkes Creek is ephemeral by nature, with flows only occurring after relatively prolonged rainfall or storm events. Establishing baselines for water quality in ephemeral systems involves adequately characterising the quality of water when it is present within the watercourse and understanding the As outlined in Section 3.3.1 of the Annual Review 6.3.3 Complies relationship between water quality and water flow in the watercourse. This suggests that a monitoring 2012, this was undertaken during the audit period. program for an ephemeral system should involve monitoring of both water quality and flow condition to adequately characterise water quality within the watercourse. As such, monitoring of stream flow by visual observation will be undertaken during water quality sampling as listed in Table 6.4 below. An assessment of the presence or absence of flow, as well as As outlined in Section 3.3.1 of the Annual Review 6.3.3 the strength of the flow (i.e. high, medium, low), is to be made visually at the time of sample collection. Complies 2012, this was undertaken during the audit period. Flow monitoring data will be analysed in conjunction with water quality monitoring results to provide a holistic view of stream health. This practice was confirmed during interviews with Flow monitoring by observation for watercourses within the continued underground mining area will be WWC environment staff as per the Water 6.3.3 Complies undertaken in accordance with the WWC WMP (WWC SD PLN 0050). Management Plan West Wallsend Colliery (Xstrata Coal, March 2013).
60302473 Appendix S 5 AECOM
Reference Requirement Evidence Audit Finding Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 6.3.41.2 Purpose Summary and of Scope Environmental Monitoring Requirements A summary of the environmental monitoring requirements as detailed within this SWMP is detailed in Table 6.4 below. It is noted that the below Table 6.4 provides a summary of all monitoring As outlined in Section 3.3.1 of the Annual Review 6.3.4 Complies requirements, and as such each relevant section within this SWMP should be reviewed for specifics 2012, this was undertaken during the audit period. regarding the monitoring requirements.
7.1 Environmental Incidents All environmental incidents will be investigated to a level commensurate to their risk level in This was observed to have occurred at WWC in 7.1 consultation with the OCAL Environment and Community Manager. All environmental incidents will be relation to the three EPL 1360 exceedances of Complies reported annually in the Annual Review. surface water pH/discharge limits. In addition, reporting of environmental incidents will be undertaken in accordance with Condition 7, 7.1 Schedule 6 of the Project Approval, which states:
The auditors sighted correspondence to the EPA relating to the 1 March and 29 January incidents, including written details of those incidents. The 9 ‘The Proponent shall notify the Director-General and any other relevant agencies of any incident that April incident was not reported to the EPA in written has caused, or has the potential to cause, significant risk of material harm to the environment, at the format until 19 April (note that the EPA was notified earliest opportunity. For any other incident associated with the project, the Proponent shall notify the of that incident by telephone on 10 April, making this Director-General and any other relevant agencies as soon as practicable after the Proponent becomes Complies written report late by only two days). However, this aware of the incident. Within 7 days of the date of the incident, the Proponent shall provide the was done with the permission of the EPA; between Director-General and any relevant agencies with a detailed report on the incident, and such further the time when the 9 April incident occurred and the reports as may be requested.’ written report was provided to the EPA, WWC were commissioning a re-test of the relevant pH results to confirm the exceedance.
In accordance with amendments to the POEO legislation, WWC must make environmental During the audit the auditors viewed EPL 1360 monitoring data required by an EPL publicly available on the WWC website within 14 days of receipt of records to be maintained on the WWC website in Complies the data. accordance with this requirement. 7.2 External Reporting Section 3.3 of the Annual Review 2012 fulfils these A summary of the SWMP monitoring results will be reported in the WWC Annual Review in 7.2 requirements. The Annual Review 2012 was Complies accordance with Condition 4 of Schedule 6 of the Project Approval: submitted in April 2012. However, interviews with WWC environment personnel explain that DP&I did allow an extension By the end of March each year (or other such timing as agreed by the Director-General), the WWC on this timeframe to align the submission of this shall submit a review of the environmental performance of the project to the satisfaction of the Director- Annual Review 2012 with the updated West General. This review must: Wallsend Colliery Noise Compliance Report: Bradford Breaker (Global Acoustics, April 2013).
describe the works (including any rehabilitation) carried out in the past calendar year, and the works proposed to be carried out over the current calendar year; include a comprehensive review of the monitoring results and complaints records of the project over the past calendar year, which includes a comparison of these results against the: relevant statutory requirements, limits or performance measures/criteria; monitoring results of previous years; and relevant predictions in the EA; identify any non-compliance over the past calendar year, and describe what actions were (or are being) taken to ensure compliance; identify any trends in the monitoring data over the life of the project; identify any discrepancies between the predicted and actual impacts of the project, and analyse the potential cause of any significant discrepancies; and describe what measures will be implemented over the current calendar year to improve the environmental performance of the project. No complaints relating to the WWC water The Annual Review will also document complaints relating to the performance, maintenance and/or 7.2 management system were received during the audit Not Triggered failure of the WWC water management system. period.
Auditors viewed copies of CCC minutes where water Performance monitoring, which includes an assessment of the effectiveness of water controls and issues have been mentioned. The formation of the 7.2 compliance with the relevant Project Approval and EPL conditions, will also be discussed at Community Consultative Committee according to Complies Community Consultative Committee (CCC) meetings. these guidelines is reported on in Section 4.2 of the Annual Review 2012.
60302473 Appendix S 6 AECOM
Reference Requirement Evidence Audit Finding Surface Water Management Plan West Wallsend Colliery (Xstrata Coal) 7.31.2 UnforseenPurpose and Impacts Scope Protocol The auditors sighted such documentation in relation In the event of unforeseen impacts associated with surface waters at WWC surface facilities, the 7.3 to the 1 March, 29 January and 9 April 2013 Complies following protocol will be implemented: incidents. conduct a preliminary review of the nature of the impact, including: any relevant monitoring data; and current mine activities and land use practices; commission an investigation into the unforeseen impact to confirm cause and effect and consider relevant options for amelioration of impact(s) as appropriate; prepare an action plan in consultation with the relevant stakeholders; mitigate causal factors where possible; and implement additional monitoring as necessary to measure the effectiveness of the controls implemented. The auditors sighted correspondence to the EPA relating to the 1 March, 29 January and 9 April 2013 The outcomes of the investigations into any unforeseen impacts and the controls / remediation actions incidents. The 29 January and 1 March incidents 7.3 implemented will be undertaken in consultation with DP&I, NOW and OEH and will be reported in the Complies occurred in time to be included in the Annual Review Annual Review. 2012, as Annual Review 2012 only relates to incidents that occurred in 2012. 7.4 Community Complaints and Consultation Complaints relating to surface water management at WWC will be managed in accordance with WWC SD PRO 0036 Community Complaint and Environmental Incident Management Procedure. This will No complaints relating to the WWC water 7.4 include initial contact with the complainant within 24 hours of receiving the complaint, as well as a management system were received during the audit Not Triggered detailed investigation into the cause of the complaint. A summary of complaints will be available to period. regulatory authorities on request and provided in the Annual Review. Auditors viewed copies of CCC minutes where water Site water management issues of interest to the community will be addressed in regular CCC issues have been mentioned. The formation of the meetings in accordance with Condition 6 of Schedule 6 of the Project Approval. CCC meetings will be 7.4 Community Consultative Committee according to Complies conducted in general accordance with the Guidelines for Establishing and Operating Community these guidelines is reported on in Section 4.2 of the Consultative Committees for Mining Projects (Department of Planning, 2007, or its latest version). Annual Review 2012. This is contained in Section 3.3 of the Annual Review A copy of the water monitoring results reported in the Annual Review will be made publically 7.4 2012, and also in the EPL 1360 monitoring data that Complies available in accordance with Condition 11 of Schedule 6 of the Project Approval. is provided on the WWC website every fortnight. 8 Review and Improvement This has occurred during the audit period, as Ongoing monitoring and review on the performance and implementation of this SWMP will be 8 evidence by the West Wallsend Colliery 2013 Annual Complies undertaken in accordance with WWC Environmental Management Strategy. Review of Environmental Management Plans . In accordance with Condition 5 of Schedule 6, WWC shall review, and if necessary revise, the strategies, plans, and programs required under Project Approval to the satisfaction of the Director- On 19 May 2013, after the submission of the Annual General, within 3 months of the submission of: Review 2012 on 30 April 2013, WWC undertook a (a) the submission of an annual review under condition 4 above; review of its management plans as per Condition 8 (b) the submission of an incident report under condition 7 below; 5(a), Schedule 6 of the Project Approval. It was Complies (c) the submission of an audit report under condition 9 below; and determined that the Surface Water Management (d) any modification to the conditions of this approval (unless the conditions require otherwise), Plan does not require any further amendments at the Proponent shall review, and if necessary revise, the strategies, plans, and programs required this time. under this approval to the satisfaction of the Director-General.
This has occurred during the audit period, as The WWC will review and if necessary, revise this SWMP and resubmit to DP&I every year or earlier if evidence by the West Wallsend Colliery 2013 Annual required. Any changes made to the SWMP as a result of the review will be made in consultation with Review of Environmental Management Plans . On 21 OEH and NOW. A copy of the revised SWMP will be supplied to the Director General of DP&I for June 2013, WWC resubmitted this plan to DP&I and 8 Complies approval. The SWMP will reflect changes in environmental requirements, technology and operational the Office of Water, and is still awaiting final approval procedures. Updated versions of the approved SWMP will be made publicly available on the WWC of the plan from the Director-General and Office of website (http://www.westwallsendcolliery.com.au/). Water. As such, the plan cannot yet be made available on the WWC website.
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Revision B – 20-Sep-2013 Prepared for – Glencore Xstrata Plc – ABN: 18082271930