Development Assessment Commission AGENDA ITEM 2.2.1 14 July 2016

Name of Applicant SA Water

Proposal Dam Safety Upgrade

Address Lower (near )

923/V001/15

TABLE OF CONTENTS

PAGE NO AGENDA REPORT 2-18 DEVELOPMENT PLAN PROVISIONS 19-28 ATTACHMENTS 29-125 1: APPLICATION & PLANS 2: AGENCY COMMENTS 3: COUNCIL COMMENTS 4: RESPONSE TO AGENCIES/COUNCILS

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OVERVIEW

Application No 923/V001/15 Unique ID/KNET ID ID 902 / KNet 2015/19726/01 Applicant SA Water Proposal Tod River Dam Safety Upgrade Subject Land Various Titles Zone/Policy Area 1. Water Protection Zone 2. Water Protection Zone Relevant Authority Minister for Planning Role of the Section 49: the Development Assessment Commission must Commission: undertake an assessment of the proposal and report to the Minister for Planning. DC Tumby Bay not in support of the application Lodgement Date 17 December 2015 Council 1. DC Lower Eyre Peninsula 2. DC Tumby Bay Development Plan 1. DC Lower Eyre Peninsula – Consolidated 19 February 2015 2. DC Tumby Bay- Consolidated 3 December 2015 Type of Development Merit Public Notification N/A – Crown Application <$4M (Development Cost = $2.5M) Representations N/A Referral Agencies DEWNR – State Heritage/EPNRM Report Author Lee Webb, Senior Specialist (Environmental) Planner RECOMMENDATION Recommend to the Minister for Planning that a development approval be granted subject to conditions

ASSESSMENT REPORT

1. BACKGROUND

1.1 Strategic Context

SA Water has an obligation to manage dam safety risks, primarily by meeting the requirements of the Australian National Committee on Large Dams (ANCOLD) Guidelines for Managing the Safety of Dams. Safety and risk assessments have identified the dam as not being compliant with current standards, with a risk that the dam could fail during a flooding or seismic event. Since 2001, investigations into a number of options to address this risk have been undertaken, with the preferred safety upgrade option being the Phased Standards-based Upgrade with Lowered Full Supply Level (i.e. lowering the original full supply level). This option (and other ancillary works) is the subject of the application. This option best addresses the dam safety risk in an economic way, whilst recognising the other values of the reservoir (including its heritage status) and ensuring it can continue to act as a contingency water source. The safety works would not preclude the reservoir being used in the future as a water supply for commercial or other uses if there was a need identified.

Since 1922, the reservoir supplied drinking water to the Eyre Peninsula. However, since 2002 it no longer serves this function due to high salinity levels. The reservoir is fed by the Tod River and the Pillaworta Creek, which have been modified by engineering works to form the supply network. A diversion channel was established, which intercepts 11 tributaries, to capture water flows and direct them to the dam. 2 Development Assessment Commission AGENDA ITEM 2.2.1 14 July 2016

However, these flows are no longer diverted through the channel. Only local flows from the Toolillie catchment continue to be captured by the dam and are used to manage the salinity of water in the reservoir (which is periodically released for environmental flows). Under this operating regime, the reservoir has not reached its original full capacity of 11 300 mega litres or 118.73m AHD for many years (i.e. 114m AHD in 2005, dropping to 109m AHD in 2013, 105m AHD in December 2015 and 103.9m AHD as at April 2016).

Tod Reservior Supply Infrastructure Network

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The Tod Reservoir is State heritage listed on the South Australian Heritage Register. Its significance is its historical use as a major source of water for the Eyre Peninsula, having been built to encourage settlers to the area and to open up new agricultural lands (i.e. due to inadequate supplies). The reservoir and supporting structures built at the same time are the subject of the heritage listing. The application includes demolition of the Knotts Hill Tank, which is also part of the listing, plus ancillary works to modify three downstream causeways, which are not part of the listing. Some upgraded or additional components of the system are not listed.

Since being taken offline as a water supply facility, the use of the reservoir was considered in discussions during 2008 regarding the SA Water Long Term Plan for Eyre Peninsula. The Plan recommended that further discussions be held with the two affected Councils into recreational access to the reservoir, especially for fishing. A taskforce has been established to investigate this opportunity. Currently, water is only discharged from the reservoir during winter, in accordance with an operating procedure approved by the Eyre Peninsula NRM Board and the EPA. The proposed works would establish more natural flows that would have further ecological benefits. The potential establishment of fish passages for downstream causeways is currently being investigated with the NRM Board and Councils.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

The Tod River Dam Safety Upgrade involves a series of works to enable a lowering of the full supply level of the reservoir to increase its flood capacity. Primarily, the capacity of would be reduced to 918 ML or 105.3m AHD.

Original Full Supply Level (blue) and proposed lowered Full Supply Level (orange)

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The upgrade works include the following components:

1. Lowering the Full Supply Level (FSL)

The new lowered FSL will be achieved by modifying the current outlet works to act as an uncontrolled primary spillway. Modification of the existing outlet works to a primary (bellmouth) spillway with a crest level of EL 105.30m AHD is proposed. This will consist of alteration of the existing outlet pipework at the upstream end of the tunnel. The overflow modifications will safely discharge flows (uncontrolled) from the reservoir through the existing pipework, including the existing scour point downstream of the embankment. This will provide additional flood capacity in the reservoir. The existing stop valves, pipework and scour valve would be decommissioned and removed for possible reuse at other SA Water sites.

Concept plan showing location of new primary (bellmouth) spillway, outlet tunnel works and energy dissipater

2. Backwater & Waterway Restoration minor earth works and revegetation

The reduced FSL means that there will be exposed soil potentially vulnerable to erosion and /or weed invasion in the reservoir basin. A restoration plan is currently being developed by SA Water. The plan will comprise a mixture of both facilitated native vegetation regeneration and direct seeding/planting. The objectives of the plan are to establish sufficient perennial native vegetation to ensure the long-term stability of exposed soil surfaces following change to the new FSL, using native vegetation species compatible with the surrounding land use being a Reservoir Reserve. The native vegetation to be established also will be resilient to possible future episodes of inundation, a variable climate and flow regime, elevated salinity (in some areas) and resist weed invasion.

SA Water anticipates that only minor reshaping and reforming earth works will be required to create the main channel to the new (lowered) reservoir waterbody. An

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engineering survey is currently being undertaken to determine existing contours within the backwater reach, which will enable a design to be completed for the channel.

Proposed areas for restoration (blue= new Full Supply Level, oranage =middle reach proposed restoration, yellow= upper reach already regenerating, bright green= buffer inundation area and pink=exposed bank for terrestrial revegetation)

3. Installing a new intake on the outlet works to enable supply to a potential customer

A new intake will be installed on the outlet works to provide operational flexibility and enable supply to a potential future customer(s). At this stage the new intake structure will include a riser pipe and guard valve, allowing for future connection of a supply pipeline.

4. Outlet tunnel filter blanket to reduce the risk of a piping failure along the outlet

To address the risk of piping along the outlet tunnel in the absence of a chimney filter, a sand filter diaphragm and filter collar will be retrofitted to the outlet tunnel. The outlet filter diaphragm will consist of a chimney filter over the full height of the upstream face to the excavation around the outlet tunnel.

5. Energy dissipater for the new primary spillway at the toe of the dam

An energy dissipater will be installed at the toe of the dam earth embankment. The energy dissipater is designed to dissipate the head of water being discharged from the

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new primary (bellmouth) spillway to ensure the area downstream of the outlet tunnel is not eroded or scoured.

6. Decommissioning Pillaworta weir and modifications to the Tod River and Pillaworta Intake Channels to reduce inflows during a flood

The reservoir is directly fed from the Toolillie Creek and an intake channel fed from diversion weirs on the Tod River and Pillaworta Creek (and eleven smaller tributaries intercepted by the channel). The proposed upgrade includes functionally decommissioning (not removal) of the Pillaworta Creek diversion weir and modifications to the intake channel to allow a flow of up to 1.5m/s to be diverted into the reservoir as required for water quality management purposes, while limiting the potential flow into the reservoir under extreme flood conditions to the same amount. The Tod River diversion weir will not be decommissioned, as the weir diversion gates will remain in service to allow flow diversion into the Intake Channel. The decommissioning concept for the Pillaworta Creek weir aims to retain the weir structure for its heritage value whilst taking it offline from the diversion channel by means of removing operational componentry, rather than full or partial demolition of the weir structure. The weir decommissioning will include removal of the diversion gate, scour valve and include a concrete wall to the Intake Channel just downstream of the weir. The modifications to the Tod Intake Channel will include two channel breaches (No. 1 and No. 4) at major sub-catchment inflows on creeks along the intake channel downstream of the Tod River diversion weir. A channel plug will also be installed downstream of each breach.

The Intake Channel breaches will be in line with existing gully inflows to reinstate their previous drainage path. The channel embankment fill will be excavated for reuse in reshaping and addressing the deeply eroded area below the spillway. The breaches will incorporate a low overflow sill, approximately 400mm high across the breach to allow passing of the 1.5m3/s flow through the intake channel before spilling at the breach locations. Intake channel plugs will be installed downstream of each breach location. The ‘plugs’ will comprise a concrete wall across the full channel cross section. At Breach No. 4 it is proposed to install gates at the base of the concrete wall to limit flood inflows. This way the gates could be permanently in place to prevent any discharge into the Tod reservoir. When required, SA Water will be able to open the gates and allow diverted flows to pass through the channel into the storage from the Tod River catchment for water quality management purposes. Scour and erosion protection at the channel breaches will include rock armouring and localised revegetation with selected local native species.

Works are also proposed to at the location of the Syphon where the Tod River and Pillaworta Creek converge. At this location a portion of the concrete channel wall and foundation is in very poor condition and has collapsed into the channel causing risks to safety at this point. It is proposed that the slumped concrete be removed and replaced with rock armouring to protect the channel from scouring and erosion. No works are proposed to be undertaken on the Syphon valve itself.

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Location Plan showing two breach locations

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7. Demolish the rock groyne and concrete weir on the upstream side of the spillway access road to increase flood capacity

SA Water is proposing to demolish and remove the rock groyne and concrete weir on the upstream side of the existing spillway. Refer Figure 15 to 19. Also the concrete retaining wall downstream of the access road will be removed and the access road across the spillway lowered by approximately 300mm. This will provide additional flood discharge capacity for the reservoir.

8. Civil works and Rip-Rap spill area downstream of the existing spillway leading into the creek bed

As part of the upgrade works SA Water is proposing to repair the eroded and scoured area below the existing spillway. This will be undertaken by backfilling the scoured area with rock and reusing suitable spoil material from the channel breach works. Rock will be sourced from local quarries.

9. Modify existing causeways downstream of the Dam at the following three locations: Reservoir Drive, Macdonald Rd and Gawler Ponds Rd

SA Water is proposing to modify three public downstream causeways on the Tod River to deal with unrestricted dam outlet flows and creek flows during flood events. The upgrade of the causeways will accommodate the difference between the base flow and discharge to provide the same level of service to road users. The causeways are local roads and therefore assets managed by the Lower Eyre Peninsual Council, as such SA Water is consulting with the Council regarding the design for the causeway upgrades. SA Water is also consulting with Natural Resources Eyre Peninsula regarding these modifications, as a Water Affecting Activity Permit will be required under the Natural Resource Management Act, 2004 for this work.

During construction, immediately downstream of the causeway upgrades temporary sediment and erosion control measures will be installed.

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Aerial plan showing the location of downstream public causeway upgrades

10. Demolition of Knotts Hill Storage Tank

The concrete water storage tank is in very poor condition and poses a safety hazard, so needs to be demolished. The tank is considered a Contributory Heritage Item

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3. SITE AND LOCALITY

3.1 Site Description

The subject site is located in the Koppio Hills, lower Eyre Peninsula, approximately 30 km north of . The main part of the site comprises the reservoir (including a dam and related structures) and the Todd River and Pillaworta Creek, which have been modified by water management structures. The site is within the Tod River Wetland System, which is listed as a Nationally Significant Wetland under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999. It should be noted that, as part of the planning and design phase, SA Water undertook an EPBC Act Self-Assessment that determined the project would not have a significant impact on any ‘Matters of National Environmental Significance’ under the Act.

Location Plan

The site consists of 11 allotments that include the reservoir site, the Knotts Hill Tank and ancillary works (mainly along upstream watercourses), described as follows:

Lot/Plan or Sect/HD Street / Road Suburb / Locality Hundred Title Lot 306 Reservoir Drive Whites Flat Louth CT5841/603 Lot 455 Reservoir Drive Whites Flat Louth CT5773/969

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Lot 454 Reservoir Drive Whites Flat Louth CT5773/969 Lot 223 Tod River Road Koppio Koppio CT5773/969 Lot 225 Growdens Road Koppio Koppio CT5773/969 Lot 224 Growdens Road Koppio Koppio CT5773/969 Lot 227 Howards Road Koppio Koppio CR5757/932 Lot 91 Howards Road Koppio Koppio CT5408/465 Lot 229 Koppio Road Koppio Koppio CR5757/934 Lot 1 Koppio Road Koppio Koppio CT5094/898 Lot 232 Government Road Koppio Koppio CR5757/936

4. COUNCIL COMMENTS or TECHNICAL ADVICE

4.1 District Council of Tumby Bay

The northern (upstream) part of the Tod River Reservoir, the Knotts Hill Tank and the upstream watercourses (with water supply infrastructure) are within this Council area.

From a regional, strategic perspective the Council is concerned the application would reduce the capacity of the reservoir by approximately 92%, by changing the hydrology of the system. In particular, Council considers the loss of infrastructure capacity may result in future opportunities for Eyre Peninsula being foregone and that other options that could cost more (such as improving the structural stability of the dam) have not been sufficiently considered. In addition, whilst there may be ecological benefits from increased downstream flows, concern has been raised that there could be hazards associated with increased flow volumes that have not been adequately modelled (especially during flood events). The heritage value of the reservoir may also be compromised if its historic nature as a water storage is compromised. Following the provision of the applicants Response to Submissions document (and an associated briefing of Council) the Council still has reservations with the proposal, but has not indicated support nor opposition to the application.

4.2 District Council of Lower Eyre Peninsula

The southern (downstream) part of the Tod River Reservoir (including the dam embankment and the inlet, outlet tunnel and spillway structures) and downstream causeways are within this Council area.

The Council initially did not support the application, which it considered represented a risk management strategy by SA Water to ‘decommission’ the reservoir. Concern was also expressed about potential effects of modified discharges from the dam on downstream landowners and the environment. However, following the provision of the applicants Response to Submissions document (and an associated briefing of Council) the Council no longer opposes the application.

5. STATUTORY REFERRAL BODY COMMENTS

Referral responses are contained in the ATTACHMENTS.

5.1 State Heritage Unit, DEWNR

The State Heritage Unit considered the application to be acceptable, as the proposed works would benefit the State Heritage place by facilitating its ongoing maintenance, utility and protection. It noted the proposal was discussed with its architect prior to

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lodgement. The general notes suggested were incorporated into the recommended approval notice.

5.2 Natural Resources Eyre Peninsula, DEWNR

DEWNR considered that reducing Tod Reservoir’s storage capacity and modifying the overflow infrastructure would lead to environmental benefits in the longer term. However, there are risks of degrading water quality and impacting downstream ecosystems in the short-term due to the proposed dredging and earthworks which has potential to mobilize pollutants from within the dam’s sediments. Additional water quality monitoring to that proposed would be required. In addition, the Environmental Protection Authority Environment Protection (Water Quality) Policy 2003 would need to be compliance with.

It was recommended that the construction activities on a water course and within the reservoir be scheduled to commence by the earliest September 2016 in order to minimise erosion risks and water quality impacts.

The proposed modifications to the non-heritage infrastructure constitute Water Affecting Activities (WAA) under the Natural Resources Management Act 2004, for which WAA permits may be required.

SA Water has been consulting with officers from Natural Resources Eyre Peninsula regarding a permit for the proposed works, water quality monitoring requirements and the timing of works. The potential incorporation of fish passages into the design of upstream channel breaches (i.e. to reinstate watercourses) and downstream causeway upgrade works is also being discussed with DEWNR staff (and Council).

6. POLICY OVERVIEW

The subject sites lie across two Council areas within the following zones:

District Council of Tumby Bay

The northern portion of the reservoir and upstream works are within the Water Protection Zone. Relevant planning policies are attached and summarised below.

The zone comprises a sensitive water catchment area that forms an integral part of the Eyre Peninsula water supply. The zone encompasses a high rainfall district, the Koppio Hills, which is an important source of surface water and groundwater. The Tod River and associated tributaries forms the main catchment feature. Whilst water protection policies were previously centred on protecting the water supply for the Tod Reservoir, these are no longer as relevant since 2002 when it was taken off-line from the water supply network. The policies now relate more to the protection of local water sources (such as dams and bores) and the natural environment from pollution, contamination or unsustainable use. An Overlay Map in the Plan identifies the extent of the Tod River Wetland of National Importance.

The zone does not have any policies that specifically relate to the type of works proposed for the reservoir and associated infrastructure, which are designed to protect downstream catchment and to improve environmental flows. Revegetation of the reservoir basin would also enhance water quality and the environment in general. Careful management during construction would be undertaken to control erosion, sedimentation of surface waters and vegetation clearance.

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District Council of Lower Eyre Peninsula

The southern portion of the reservoir (including the dam structure) and downstream works are within the Water Protection Zone. Relevant planning policies are attached and summarised below.

Similar to the adjoining DC Tumby Bay Development Plan, the zone comprises a sensitive water catchment area that forms an integral part of the Eyre Peninsula water supply. The zone encompasses a high rainfall district, the Koppio Hills, which is an important source of surface water and groundwater. Accordingly, the policies of the zone mirror those of the adjoining zone. An additional policy seeks that development should not be undertaken if it is likely to lead to a diminution of a water resource. Whilst the proposal will lead to a reduced water level in the reservoir, the water has no potable use. The zone also seeks that alterations to State heritage places should respect the underlying character, be sympathetic with and be constructed of materials that are in harmony with the place. The Plan identifies the Tod Reservoir Water Supply Structure as a State Heritage Place.

Careful management during construction would be undertaken to protect the heritage value of the reservoir and to control erosion, sedimentation of surface waters and vegetation clearance.

7. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the DC Tumby Bay and DC Lower Eyre Peninsula Development Plans, which are attached.

7.1 Heritage, Land Use and Character

The upgrade works would be undertaken in a manner that would maintain the heritage value of the Tod Reservoir Water Supply Structures. The heritage listing relates to the original reservoir structures, but does not include most of the upstream and downstream infrastructure nor upgrade structures installed post the original construction. A Heritage Survey undertaken by Swanbury Penglase in 2010 identified all components of the water supply system that form the listing. The design of the works and construction methodology has been undertaken in consultation with the State Heritage Unit, DEWNR.

Whilst the supply capacity of the would be substantially reduced, this is inconsequential as the reservoir no longer serves its original purpose as a water supply for Eyre Peninsula. The potential for utilising the reservoir as a recreational resource (primarily for fishing) is currently being investigated as an appropriate alternative use. Revegetation of unrequired parts of the reservoir basin would enhance its recreational potential by improving amenity. In addition, the reservoir would still maintain the ability to be used as a water storage/supply facility, potentially for use by the mining industry (i.e. demand for low quality water). To facilitate this, a new intake structure would be installed on the outlet works of the dam to provide operational flexibility and enable supply to a potential future customer(s).

7.2 Environmental Factors

SA Water is committed to ensuring the Tod River Dam Safety Upgrade is constructed in a sustainable manner that minimises impacts to the surrounding environment. A detailed environmental impact assessment has been undertaken which has identified potential impacts of the project on the existing environment and community.

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The main environmental concern is the protection of the catchment during construction works, especially the control of erosion and turbidity of surface waters. The release of water from the reservoir to enable works to be undertaken would need to be monitored and managed to protect downstream water quality. Vegetation clearance would be minimised.

A Soil Erosion and Drainage Management Plan (SEDMP) would be developed, in accordance with the Stormwater Pollution Prevention Code of Practice for Local, State and Federal Government, and implemented during the construction phase to ensure soil erosion and sediment management issues are avoided or minimised.

The application includes a Preliminary Environmental Management Plan (PEMP) to demonstrate how the environmental objectives and requirements for the upgrade project would be addressed and how the potential environmental impacts are to be managed during construction. It outlines the minimum controls, monitoring program and strategies (including responsible persons for ensuring compliance) for each site specific impact. The purpose of the PEMP is to:

• Provide a framework for the management of the environment during construction. • Address the statutory environmental requirements for the project. • Identify the actions to be undertaken to manage the environmental impacts of the construction works. • Address community expectations and accountability by identifying management actions.

The PEMP addresses the following aspects:

• Flora and fauna management. • Erosion control and stormwater management. • Water quality management and monitoring. • Air quality/dust management. • Waste management. • Weed and pest management. • Storage and handling of hazardous substances. • Noise and vibration management. • Indigenous and non-Indigenous heritage management. • Fire and emergency management. • Disturbance of contaminated material. • Traffic management. • Visual amenity. • Communication. • Complaints Management.

It should be noted that SA Water has extensive experience in undertaking infrastructure related construction works, with rigorous procedures in place to ensure the design, planning and implementation of projects is undertaken in accordance with best management practices.

The reduced reservoir capacity level means that there will be exposed soil potentially vulnerable to erosion and /or weed invasion in the reservoir basin. A Restoration Plan, currently being developed by SA Water, will comprise a mixture of both facilitated native vegetation regeneration and direct seeding/planting to establish sufficient perennial native vegetation to ensure the long-term stability of exposed soil surfaces. The native vegetation to be established also will be resilient to possible future episodes of inundation, a variable climate and flow regime, elevated salinity (in some areas) and resist weed invasion. 15 Development Assessment Commission AGENDA ITEM 2.2.1 14 July 2016

8. CONCLUSION

The Tod Reservoir Safety Upgrade project would ensure the required flood risk standards for the dam are met, primarily by establishing a lowered full supply level. Future uses of the reservoir as a recreational facility or a water supply (such as for the mining industry) are not precluded by the new operating regime. The upgrade works would be undertaken in a manner that protects the heritage value of the reservoir and the environmental and water quality values of the surrounding catchment. Construction impacts would be satisfactorily controlled through the implementation of an Environmental Management Plan. In addition, are more sustainable environmental flows regime would be implemented, especially to protect and enhance the downstream part of the Tod River Wetland of National Significance.

Overall, the development is in accordance with the key objectives and policies for the protection of heritage and water quality (especially those prescribed for Water Protection Zones) sought by the relevant Development Plans.

9. RECOMMENDATIONS

PLANNING CONDITIONS

1. That except where minor amendments may be required by other relevant Acts, or by conditions imposed by this application, the development shall be established in strict accordance with the details and following plans submitted in Development Application No 923/V001/15.

2. A final Environmental Management Plan (EMP) shall be prepared to the reasonable satisfaction of the Minister for Planning and implemented prior to construction. The EMP shall demonstrate how the environmental objectives and requirements for upgrade works would be addressed and how potential environmental impacts are to be managed throughout construction.

3. A Restoration Plan for the reservoir basin shall be prepared to the reasonable satisfaction of the Minister for Planning. The Plan shall detail the measures to be implemented to establish sufficient perennial native vegetation (including facilitating natural regeneration and direct seeding/planting) to ensure the long-term stability of exposed soil surfaces.

ADVISORY NOTES a. The development must be substantially commenced within 12 months of the date of this Notification, unless this period has been extended by the Development Assessment Commission. b. The authorisation will lapse if not commenced within 12 months of the date of this Notification. c. The applicant is also advised that any act or work authorised or required by this Notification must be completed within 3 years of the date of the Notification unless this period is extended by the Commission. d. Any changes to the proposal for which planning consent is sought or granted may give rise to heritage impacts requiring further consultation with the Department of Environment, Water and Natural Resources, or an additional referral to the Minister for Sustainability, Environment and Conservation. Such changes would include for example: 16 Development Assessment Commission AGENDA ITEM 2.2.1 14 July 2016

(a) an application to vary the planning consent, or (b) Building Rules documentation that incorporates differences from the proposal as documented in the planning application. e. The applicant is advised of the following requirements of the Heritage Places Act 1993:

(a) an archaeological artefact believed to be of heritage significance is encountered during excavation works, disturbance in the vicinity shall cease and the SA Heritage Council shall be notified. (b) Where it is known in advance (or there is reasonable cause to suspect) that significant archaeological artefacts may be encountered, a permit is required prior to commencing excavation works. f. If Aboriginal sites, objects or remains are discovered during excavation works, the Aboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of the Department of the Premier and Cabinet (as delegate of the Minister) should be notified under Section 20 of the Aboriginal Heritage Act 1988. g. The applicant is advised that modifications to non-heritage infrastructure may constitute Water Affecting Activities (WAA) under the Natural Resources Management Act 2004, for which WAA permits may be required h. The applicant is advised that licences for earthworks drainage and dredging may be required under the Environment Protection Act 1993. In addition, the Environmental Protection Authority Environment Protection (Water Quality) Policy 2003 would need to be complied with during construction.

Lee Webb Senior Specialist (Environmental) Planner DEVELOPMENT DIVISION, INVESTMENT MANAGEMENT DEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE

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