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5. Responses to Submissions

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5. Responses to Submissions 5. Responses to Submissions 5. Responses to Submissions 5.1 Key Issues Requiring Further Information 5.1.1 Nature Conservation – Koala Management 5.1.1.1 Issue 1: mitigation measures An independent consultancy specialised in fauna protection has been engaged to prepare a Koala Species Management Plan (KSMP). This plan is located in Appendix B of the AEIS. The KSMP is to be implemented by NAC together with the Lagoon Creek Conservation Zone Management Plan (CZMP) which is presented in Appendix J.6 of the draft EIS. The intent of the KSMP is to ensure the long-term existence of the local Koala population by mitigating and managing potential impacts on the conservation of the Koala (Phascolarctos cinereus) across the Study area. NAC believes a net benefit to the local koala population will be provided through the provision of suitable habitat and appropriate movement corridors. The KSMP includes: Aims and Objectives; Relationship to other ecological plans required for the revised Project; Identification of known habitat for the species within the revised Project area; Identification of threatening process (direct and indirect); Individual threat management strategies for: ௅ Vegetation clearing; ௅ Retained vegetation; Rehabilitation areas; and ௅ Collision areas and protective measures. Improvements, and corrective and preventive actions: ௅ Revegetation with feed tree species; and ௅ Fauna movement control devices. x Monitoring plan describing: ௅ Species-specific monitoring protocols; ௅ Performance criteria and corrective actions; ௅ Key stakeholders and responsible parties, including staff training, together with their roles and responsibilities; and ௅ Reporting protocols and timing including ecological incident/emergency reporting procedures. The Environmental Management Plan (EM Plan) located in Appendix C of the AEIS has been updated to incorporate a summary of the KSMP. NAC have made further commitments outlined in the KSMP to more effectively manage potential impacts on the local Koala population in response to Additional Information to the EIS: New Acland Coal Mine Stage 3 Project PAGE 3 issues raised in submissions on the draft EIS. The updated Commitments Register is presented in Appendix D of the AEIS, with relevant commitments located at numbers 813-836. 5.1.2 Land 5.1.2.1 Issue 1 Clarify whether the Regional Planning Interests Act 2014 (RPI Act) applies to the revised Project and if so, timeframes on when RPI applications will be made As discussed in Section 4.1.3 of the AEIS, on 13 June 2014, the RPI Act commenced operation. Under the RPI Act, in order to carry out a resource activity, a RIDA is required to carry out a resource activity in an area of regional interest, unless an exemption applies. The RPI Act is supported by regional plans, which includes relevant to the revised Project, the DDRP. The DDRP has been prepared to advance the purpose of the SP Act by providing integrated land use planning policy for the region. Amongst other things, it identifies PAAs within the Darling Downs region. The RPI Act applies to the revised Project, as it is mapped entirely within a PAA and contains large areas of potential Strategic Cropping Land (SCL) under the former Strategic Cropping Land Act 2011 (SCL Act), which have become part of the SCA under the RPI Act. Except to the extent exemptions apply to the revised Project, a RIDA will be required under the RPI Act and will be applied for in accordance with the RPI Act and RPI Regulation prior to construction. NAC has engaged a consultant to assess the impacts of the revised Project in the context of the RPI Act and RPI Regulations requirements. 5.1.2.2 Issue 2 Confirm any legislative requirements that apply to the project to address impacts on strategic cropping land /areas. The SCL Act has been repealed with the commencement of the RPI Act. Areas of SCL and potential SCL mapped under the former SCL Act have become part of the SCA regulated under the RPI Act. 5.1.2.3 Issue 3 Confirm the project’s Mining Lease Application has been amended to identify surface right areas from mining activities. Include a map to identify surface right areas. NAC has given notice in writing to the Chief Executive under Section 307 of the MR Act to partially abandon MLA 50232 to include only the area depicted in Figure 5.1.2-A of the AEIS. Due to the legislative requirement under Section 232 of the MR Act where a ML can only be granted in respect of contiguous land, the partial abandonment covers an area shown in Figure 5.1.2-A of the AEIS. In line with previous commitments, the Acland area is excluded from the MLA. The partial abandonment of Acland and the southern area is for both surface and sub-surface rights and has taken effect from 30 June 2014. Additional Information to the EIS: New Acland Coal Mine Stage 3 Project PAGE 4 366000 368000 370000 372000 374000 6986000 6986000 6984000 6984000 Muldu !( 0 3 7 1 3069 RP36463 6 0 1 5 A341593 2 1 L 1 0 6982000 RP36463 6982000 5 AG2605 M L M 1 3 3873 3473 2 RP36462 RP36462 AG2388 AG2605 AG2388 3 92 RP36466 3 d A341981 RP36464 1 x m RP36464 . 6 n 3293 1 o i A341624 2 t 3875 a 3472 0 c 5 i A341748 SP150555 l L p 3435 p M 1 A AG2605 y RP36502 r d a a d n 101 3679 o u 6980000 R 6980000 4089 A342317 100 A341857 o 3684 4086 r 1 B AG2498 a A341858A342138 A342138 3 RP36503 e y s 2 a 94 RP36503 o 54 e A342317 RP36503 o L A342317 C e 1 - n y 61 i 90 RP155668 e AG2938 M 95 1 k A342317 d a Acland e A342317 RL3581 4 1 !( 1 O d 3445 3448 91 SP188364 SP188363 62 n RP36493 e A341747 A341747 A342317 96 AG2962 A342317 m 5 A SP188365 _ 97 57 A 98 2 2 A342317 8 RP52624 138 - A342317 RP200083 7 1 8 - SP188366 RP25514 39 RP218459RP218459 1 5 AG718 e 3461 RP197103 r 9 58 u RP902113 g 6978000 6978000 3171 i SP188367 RP36501 F RP902113 2 2 _ 1 RP36501 2 AG1806 e 36 p RP52624 RP197103 o 3421 RP25514 37 3519 RP25514 1 H 3170 A341699 3 w RP25521 e A341594 A341792 2 RP36494 N 6 _ RP36465 69 1 1 AG1127 5 RP84726 RP25514 RP91936 2 3462 3 6 35 0 A341746 RP220755 4 RP25514 1 2 \ 19 3655 3 2 . RP36468 3852 RP93626 1 1 A341856 RP36495 101 . 3463 2 34 A341982 RP25514 RP93626 5 A341746 n d RP84726 RP25514 o a 8 i o t R RP25520 2 c 102 e 3 u S RP25514 2 6976000 d 3469 6976000 l 3768 33 _ u 3851 0 P A341746 AG2122 5 M AG2122 AG1311 2 - C 18 A n 1 RP25524 A a L RP36468 y 68 N 5 RP36497 \ r M a AG3581 S RP36467 I d 3 n 1 E o 2 J RP36496 AG1310 A RP105935 _ 2 3 14 0 RP52300 \ RP36467 s e r u g i F 13 _ 1 0 RP36467 \ S I G c Acla r 6974000 nd-S 6974000 ab A ine \ 4 Road l a i RP36467 t a p S \ 4 4 6 6 0 E Q \ s t 00.511.52 c e j o Kilometres r P \ 2 ± V 366000 368000 370000 372000 374000 N E Q \ : I : LEGEND h NEW ACLAND COAL MINE t a !( Towns and Localities Revised Rail & Road Infrastructure STAGE 3 PROJECT P Roads Internal Haulage Road Cadastre Revised Access to Mine Figure 5.1.2-A - Amended Mine Amended Mine Lease Revised Jondaryan-Muldu Road Diversion Lease Boundary Application Boundary Application Revised Rail Spur and Balloon Loop Alignment Mining Tenements Scale1:60,000 on A4 Projection: Australian Geodetic Datum – Zone 56 (AGD84) Produced: 24/08/2014 Produced: 5.1.2.4 Issue 4 Identify the total surface area impacted by project activities and list the different types of impacts for areas separately The revised Project draft EIS reported a total disturbance footprint of 2,030 ha. This disturbance footprint also includes disturbance on existing ML areas and off-lease areas (example rail infrastructure off-lease) that is required for the revised Project as depicted in Figure 5.1.2-B. It has been identified that the Depressed Landform reported as 621 ha, includes a duplication of the pit footprint already reported under the Mining Areas as 921 ha. This is illustrated in Table 5.1.2-A. Table 5.1.2-A Disturbance footprint duplication correction 2014 EIS - Disturbance Disturbance area 2014 EIS - Table 4-35 duplication removed Mining Areas 921 1201 Elevated Landforms 314 311 Depressed Landforms 621 Incl in Mining Areas Rehabilitation batter of slopes 0 128 Mine Infrastructure 174 175 Total 2,030 1,815 Figure 5.1.2-B illustrates the disturbance footprint for the areas depressed, area dumps, area pits, area voids, haulage route, CHPP Precinct, MHF, MIA and TLF within MLA 50232, current ML 50170 and ML 50216 and off-lease areas and is summarised in Table 5.1.2-B. Figure 5.1.2- C distinguishes between the disturbance footprint for the revised Project within MLA 50232 and ML 50170 and ML 50216. Additional Information to the EIS: New Acland Coal Mine Stage 3 Project PAGE 6 Table 5.1.2-B 2014 Draft EIS disturbance footprint detail 2014 Stage 3 EIS Stage 3 disturbance footprint on Existing Stage 3 disturbance MLs All footprint on MLA50232 (ML 50170 and ML 50216) Figure Figure Grand 5.1.2-C Area Total 5.1.2-C Area Total Total Descriptor Descriptor Specific location (ha) (ha) (ha) (ha) (ha) Manning Vale East Pit 1 175 12 67 Manning Vale East Elevated 2 0 13 28 Landform (Out of Pit dump) 185 95 280 Manning Vale East Rehabilitation 3 10 0 batter of slopes Manning Vale West Pit 4 375 n/a Manning Vale West Elevated 5 155 n/a Landform (Out of Pit dump) 580 0 580 Manning Vale West 6 50 n/a Rehabilitation batter of slopes Willeroo Pit 7 563 14 21 Willeroo Elevated Landform (Out 8 26 15 102 of Pit dump) 657 123 780 Willeroo Rehabilitation batter of 9 68 n/a slopes On-Lease infrastructure ( Rail 10 44 44 16 32 32 76 Loop, MHF, Roads) Off-Lease infrastructure (Roads 11 n/a n/a 17 99 99 99 and Rail) Total 1,466 1,815 Additional Information to the EIS: New Acland Coal Mine Stage 3 Project PAGE 7 The total footprint for the revised Project is estimated at 1,815 ha, a reduction of 215 ha than that reported in the draft EIS of 2,030ha.
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