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Clearing Permit Decision Report

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Clearing Permit Decision Report Clearing Permit Decision Report 1. Application details 1.1. Permit application details Permit application No.: 6705/2 Permit type: Purpose Permit 1.2. Proponent details Proponent’s name: Western Areas Limited 1.3. Property details Property: Mining Lease 77/545 Mining Lease 77/585 Mining Lease 77/912 Local Government Area: Shire of Kondinin Colloquial name: Sibelius Project 1.4. Application Clearing Area (ha) No. Trees Method of Clearing For the purpose of: 10 Mechanical Removal Mineral Exploration 1.5. Decision on application Decision on Permit Application: Grant Decision Date: 29 October 2020 2. Site Information 2.1. Existing environment and information 2.1.1. Description of the native vegetation under application Vegetation Description The vegetation of the application area is broadly mapped as the following Beard vegetation association: 511: Medium woodland; salmon gum & morel (GIS Database). A flora and vegetation survey was conducted over the Sibelius Project area, including the clearing permit application area, by Botanica Consulting (Botanica) during 2010. The following vegetation associations were recorded within the application area (Botanica, 2010): 1. Mallee woodland The over-storey contained Eucalyptus eremophila subsp. eremophila with some occurrences of Eucalyptus gracilis, Eucalyptus polita and Eucalyptus calycogona . The mid-storey consisted of Melaleuca hamata, Melaleuca adnata, Acacia assimilis, Santalum acuminatum and Hakea multilineata . The understorey was represented by Dodonaea bursariifolia, Acacia deficiens, Daviesia lancifolia, Dianella revoluta, Westringia cephalantha var. caterva, Wilsonia humilis, Daviesia nematophylla and Baeckea crispiflora. 2. Mallee woodland over Allocasuarina / Acacia shrubland The upper canopy species included Eucalyptus eremophila subsp. eremophila and Eucalyptus flocktonia subsp. flocktonia. The mid-storey consisted of Acacia steedmanii subsp. steedmanii , Allocasuarina campestris , Acacia hemiteles , Acacia intricata and Acacia fragilis . The understorey species included Gompholobium gompholobioides and Drosera andersoniana and Lepidosperma drummondii . 3. Allocasuarina shrubland The upper storey contained Eucalyptus eremophila subsp. eremophila and Eucalyptus gracilis . The mid storey contained Allocasuarina campestris, Santalum acuminatum, Melaleuca pauperiflora subsp. pauperiflora and Melaleuca hamata . The understorey contained Acacia acanthoclada subsp. acanthoclada, Phebalium filifolium, Dodonaea bursariifolia, and Dodonaea stenozyga. 4. Mallee Woodland over Melaleuca The over-storey contained Eucalyptus eremophila subsp. eremophila with some occurrences of Eucalyptus polita . The mid storey contained Melaleuca hamata, Melaleuca adnata, Melaleuca eleuterostachya, Melaleuca lateriflora subsp. lateriflora, Melaleuca pungens var. pungens and Santalum acuminatum. The lower storey contained Lepidosperma drummondii and Dodonaea bursariifolia. Clearing Description Sibelius Project. Western Areas Limited proposes to clear up to 10 hectares of native vegetation within a boundary of approximately 228 hectares, for the purpose of mineral exploration. The project is located approximately 80 kilometres east of Hyden, within the Shire of Kondinin. Vegetation Condition Very Good: Vegetation structure altered; obvious signs of disturbance (Keighery, 1994). Page 1 Comment The vegetation condition was derived from a flora and vegetation survey conducted by Botanica (2010). Clearing permit CPS 6705/1 was granted by the Department of Mines and Petroleum (now the Department of Mines, Industry Regulation and Safety) on 8 October 2015 and was valid from 31 October 2015 to 31 October 2020. The permit authorised the clearing of up to 10 hectares of native vegetation within a boundary of approximately 228 hectares, for the purpose of mineral exploration. On 2 September 2020, the Permit Holder applied to amend CPS 6705/1 to extend the permit duration by 5 years. The amount of clearing authorised and the permit boundary are to remain unchanged. 3. Assessment of application against Clearing Principles Comments The permit holder has applied to amend the clearing permit to extend the permit duration by 5 years, as the project is ongoing. The size of the area approved to clear (10 hectares), and the permit boundaries remain unchanged. The amendment is unlikely to result in any significant change to the environmental impacts of the proposed clearing (GIS Database). The existing permit includes a Condition requiring the Permit Holder to avoid three known Malleefowl mounds. This permit condition has been updated to ensure that any new Malleefowl mounds which may have been established since the permit was originally granted, are also avoided (Condition 9 on the amended permit). The amendment application has been assessed against the clearing principles, planning instruments and other matters in accordance with s.51O of the Environmental Protection Act 1986 . Environmental information has been reviewed, and the assessment of the proposed clearing against the clearing principles remains consistent with the assessment contained in previous versions of the decision report. Methodology GIS Database: - DPaW Tenure - Hydrography, Lakes - Hydrography, Linear - IBRA Australia - Imagery - Pre-European Vegetation - Public Drinking Water Source Areas - Threatened and Priority Ecological Communities boundaries - Threatened and Priority Ecological Communities buffers - Threatened and Priority Flora - Threatened Fauna Planning Instrument, Native Title, previous EPA decision or other matter. Comments There is one native title claim (WC2000/007) over the area under application (DPLH, 2020). This claim has been registered with the National Native Title Tribunal on behalf of the claimant group. The permit area is within the South West Native Title Settlement area (DPLH, 2020). This settlement resolves Native Title rights and interests over an area of approximately 200,000 square kilometres within the south west of Western Australia. The mining tenure has been granted in accordance with the future act regime of the Native Title Act 1993 and the nature of the act (i.e. the proposed clearing activity) has been provided for in that process, therefore the granting of a clearing permit is not a future act under the Native Title Act 1993 . There are no registered Aboriginal Sites of Significance within the application area (DPLH, 2020). It is the proponent’s responsibility to comply with the Aboriginal Heritage Act 1972 and ensure that no Aboriginal Sites of Significance are damaged through the clearing process. It is the proponent's responsibility to liaise with the Department of Water and Environmental Regulation and the Department of Biodiversity, Conservation and Attractions, to determine whether a Works Approval, Water Licence, Bed and Banks Permit, or any other licences or approvals are required for the proposed works. The amendment application was advertised on 14 September 2020 by the Department of Mines, Industry Regulation and Safety inviting submissions from the public. No submissions were received in relation to this application. Methodology DPLH (2020) 4. References Botanica (2010) Sibelius Area Level 1 Flora and Vegetation Survey, Tenements M77/545, M77/585 and M77/912. Report prepared for Western Areas NL, by Botanica Environmental Consulting, July 2010. Page 2 DPLH (2020) Aboriginal Heritage Inquiry System. Department of Planning, Lands and Heritage. http://maps.daa.wa.gov.au/AHIS/ (Accessed 23 October 2020). Keighery, B.J. (1994) Bushland Plant Survey: A Guide to Plant Community Survey for the Community. Wildflower Society of WA (Inc). Nedlands, Western Australia. 5. Glossary Acronyms: BC Act Biodiversity Conservation Act 2016, Western Australia BoM Bureau of Meteorology, Australian Government DAA Department of Aboriginal Affairs, Western Australia (now DPLH) DAFWA Department of Agriculture and Food, Western Australia (now DPIRD) DAWE Department of Agriculture, Water and the Environment, Australian Government DBCA Department of Biodiversity, Conservation and Attractions, Western Australia DER Department of Environment Regulation, Western Australia (now DWER) DMIRS Department of Mines, Industry Regulation and Safety, Western Australia DMP Department of Mines and Petroleum, Western Australia (now DMIRS) DoEE Department of the Environment and Energy (now DAWE) DoW Department of Water, Western Australia (now DWER) DPaW Department of Parks and Wildlife, Western Australia (now DBCA) DPIRD Department of Primary Industries and Regional Development, Western Australia DPLH Department of Planning, Lands and Heritage, Western Australia DRF Declared Rare Flora (now known as Threatened Flora) DWER Department of Water and Environmental Regulation, Western Australia EP Act Environmental Protection Act 1986 , Western Australia EPA Environmental Protection Authority, Western Australia EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Federal Act) GIS Geographical Information System ha Hectare (10,000 square metres) IBRA Interim Biogeographic Regionalisation for Australia IUCN International Union for the Conservation of Nature and Natural Resources – commonly known as the World Conservation Union PE C Priority Ecological Community, Western Australia RIWI Act Rights in Water and Irrigation Act 1914 , Western Australia TEC Threatened Ecological Community Definitions: {DBCA (2019) Conservation Codes for Western Australian Flora and Fauna. Department of Biodiversity, Conservation and Attractions, Western
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