Data as at 14 September 2026 · from the Queensland EP Act public register
EPML00661913 · HAIL CREEK COAL HOLDINGS PTY LIMITED
Coal environmental authority EPML00661913 (HAIL CREEK COAL HOLDINGS PTY LIMITED), Granted. 162 conditions indexed. No PRC plan.
- Status
- Granted
- Holders
- HAIL CREEK COAL HOLDINGS PTY LIMITED; MARUBENI RESOURCES DEVELOPMENT PTY LTD; SUMISHO COAL DEVELOPMENT QUEENSLAND PTY LTD
- Tenures
- ML4738; ML700026
- PRC plan
- None
- How it was read
- Numbered conditions
- Register
- Register record · Instrument PDF
Conditions
162 numbered conditions read from the current instrument. Page numbers link into the register PDF.
- A1
This environmental authority authorises environmental harm referred to in the conditions. Where there is no condition or this environmental authority is silent on a matter, the lack of a condition or silence does not authorise environmental harm.
- A2
This environmental authority authorises the mining of a maximum of 20 million tonnes run of mine (ROM) coal per annum.
- A3
In carrying out the mining activity authorised by this environmental authority, disturbance of land: (a) may occur in the areas marked `A'; and (b) must not occur in the areas marked `B' other than for the rehabilitation of legacy boreholes in accordance with condition A5; and (c) may occur in the areas marked `C', `D', and `E' as depicted in the maps in Schedule 1 - Figure 2a and Figure 2b to this environmental authority, but only in accordance with condition A4.
- A4
Any disturbance within the area marked `C', `D' and E as depicted in the maps in Schedule 1 - Figure 2a and Figure 2b to this environmental authority: (a) is only authorised as a result of exploration activities and for the construction of groundwater or surface water monitoring sites; (b) is limited to a maximum of 328 exploration drill sites, 126 geotechnical drill sites, 140 geotechnical test pits and 7.06 km for seismic lines for the area marked `C - Authorised Exploration Western Area'; and associated access tracks; (c) is limited to a maximum of 29 drillholes for the area marked `D - Authorised Exploration Exevale North' and (d) Is limited to a maximum of 31 drill sites and associated access tracks for the area marked `E - Authorised Site Exploration'.
- A5
Legacy Boreholes The holder of this environmental authority is permitted to conduct rehabilitation activities for 243 legacy exploration drill sites identified within the `Must Not Disturb' areas shown in Figure 2a: Hail Creek Mine - Authorised Extent of Disturbance in the locations marked in Figure 2c: Hail Creek Mine -Legacy Bores and Tracks.
- A6
The legacy exploration rehabilitation activities authorised under condition A5 include up to 16.41km of access tracks. Disturbance due to access tracks is limited to slashing with no clearing of mature trees permitted in the locations shown in Figure 2c: Hail Creek Mine -Legacy Bores and Tracks. Permit Environmental Authority
- A7
Monitoring Except where specified otherwise in another condition of this environmental authority, all monitoring records or reports required by this environmental authority must be kept for a period of not less than 5 years.
- A8
Upon request from the administering authority, copies of monitoring results, records, registers, management plans and reports required by the conditions of this environmental authority must be made available and provided to the administering authority within 10 business days or an alternative timeframe agreed between the administering authority and the environmental authority holder.
- A9
The holder of this environmental authority must develop and implement a risk management system for mining activities which mirrors the content requirement of the Standard for Risk Management (ISO31000:2009), or the latest edition of an Australian standard for risk management, to the extent relevant to environmental management.
- A10
Notification of emergencies, incidents and exceptions The holder of this environmental authority must notify the administering authority by written notification within 24 hours, after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with, the conditions of this environmental authority.
- A11
Within 10 business days following the initial notification under condition A7 of an emergency or incident, or receipt of monitoring results, whichever is the latter, further written advice must be provided to the administering authority, including the following: (a) results and interpretation of any samples taken and analysed; (b) outcomes of actions taken at the time to prevent or minimise unlawful environmental harm; and (c) proposed actions to prevent a recurrence of the emergency or incident.
- A12
Complaints The holder of this environmental authority must record all environmental complaints received about the mining activities including: (a) name, address and contact number for of the complainant; (b) time and date of complaint; (c) reasons for the complaint; (d) investigations undertaken; (e) conclusions formed; (f) actions taken to resolve the complaint; (g) any abatement measures implemented; and (h) person responsible for resolving the complaint. Permit Environmental Authority
- A13
The holder of this environmental authority must, when requested by the administering authority, undertake relevant specified monitoring within a reasonable timeframe nominated or agreed to by the administering authority to investigate any complaint of environmental harm. The results of the investigation (including an analysis and interpretation of the monitoring results) and abatement measures, where implemented, must be provided to the administering authority within ten (10) business days of completion of the investigation, or no later than ten (10) business days after the end of the timeframe nominated by the administering authority to undertake the investigation.
- A14
Third-party reporting The holder of this environmental authority must: (a) within one year of 10 July 2018 obtain from an appropriately qualified person a report on compliance with the conditions of this environmental authority; (b) obtain further such reports at regular intervals, not exceeding 3 yearly intervals, from the completion of the report referred to above; and (c) provide each report to the administering authority within 90 days of its completion.
- A15
Where a condition of this environmental authority requires compliance with a standard, policy or guideline published externally to this environmental authority and the standard is amended or changed subsequent to the issue of this environmental authority, the holder of this environmental authority must: (a) comply with the amended or changed standard, policy or guideline within 2 years of the amendment or change being made, unless a different period is specified in the amended standard or relevant legislation, or where the amendment or change relates specifically to regulated structures referred to in conditions I1 to I40, the time specified in those conditions; and (b) until compliance with the amended or changed standard, policy or guideline is achieved, continue to remain in compliance with the corresponding provision that was current immediately prior to the relevant amendment or change. Permit Environmental Authority Schedule B: Air Condition Condition number
- B1
Unless authorised by this environmental authority, the release of contaminants to air must not cause environmental harm or an exceedance of the limits in Table A1 - Ambient air quality limits at a sensitive or commercial place.
- B2
The measurement of air emissions for a sensitive place or commercial place is either: (a) at that place (if measured there); or (b) at the monitoring location representative (whether by reason of correlation or otherwise) of the sensitive place or commercial place (where there is no measure at the sensitive place or commercial place).
- B3
When requested by the administering authority or as a result of a complaint (which is neither frivolous nor vexatious nor based on mistaken belief in the opinion of the authorised officer), air quality monitoring must be undertaken, and the results thereof notified to the administering authority within 14 days following completion of monitoring. Monitoring must be carried out at a place or places relevant to the potentially affected sensitive place as agreed upon with the administering authority.
- B4
Dust and particulate matter monitoring Air emissions and meteorological conditions must be monitored in accordance with Table B1 - Ambient air quality limits.
- B5
Air quality monitoring exceedance If monitoring indicated the potential for exceedance of the relevant limits in Table A1 - Ambient air quality limits, then the environmental authority holder must immediately implement dust abatement measures to avoid exceeding the relevant limits; or address the complaint using dispute resolution if required.
- B6
Where monitoring identifies instances where a concentration specified in Table A1 - Ambient air quality limits is exceeded at any sensitive place or commercial place, the environmental authority holder must report to the administering authority within 10 business days: (a) the air quality data at the sensitive place or commercial place; (b) a description of meteorological conditions recorded in accordance with Table A1 - Ambient air quality limits occurring at the time; (c) the air quality data upwind of the mining activities (if known); (d) measures taken to reduce dust generated by the mining activities; and (e) the contribution of the mining activities to the concentration of the exceeded air quality indicator(s) at the sensitive or commercial place. Permit Environmental Authority Table B1 - Ambient air quality limits Air Quality Air quality Averaging Monitoring method indicator limit period Particulate matter 1. Australian Standard AS3580.9.6 Methods for less than 10-m in 50 -g/m3 24-hour sampling and analysis of ambient air -- aerodynamic Determination of suspended particulate matter-- diameter (PM10) PM10 high volume sampler with size selective inlet - Gravimetric method; 2. Australian Standard AS3580.9.9 Methods for sampling and analysis of ambient air -- Determination of suspended particulate matter --
- C1
Waste, other than vegetation waste, must not be burned or allowed to be burned on the mining leases unless approved by the administering authority prior to burning.
- C2
Waste, other than any spoil, rejects, tailings, overburden, tyres, construction and demolition waste, and vegetation removed as part of the mining activity, must not be disposed of within the mining leases listed on this environmental authority.
- C3
Tailings disposal Tailings must be managed in accordance with procedures contained within the tailings management plan. These procedures must include provisions for: (a) containment of tailings; (b) the management of seepage and leachates both during operation and the foreseeable future; (c) the control of fugitive dust emissions to air; (d) a program of progressive sampling and characterisation to identify acid producing potential and metal concentrations of tailings; (e) maintaining records of the relative locations of any other waste stored within the tailings; (f) rehabilitation strategy; and (g) monitoring of rehabilitation, research and/or trials to verify the requirements and methods for decommissioning and final rehabilitation of tailings, including the prevention and management of acid mine drainage, erosion minimisation and establishment of vegetation cover. Permit Environmental Authority Schedule D: Noise Condition Condition number
- D1
Noise Limits The holder of this environmental authority must ensure that all reasonable and feasible avoidance and mitigation measures are employed so that noise generated by the mining activities does not exceed the limits in Table D1 - Noise limits at any sensitive place or commercial place.
- D2
Airblast overpressure nuisance The holder of this environmental authority must ensure that all reasonable and feasible avoidance and mitigation measures are employed so that blasting does not cause the limits for peak particle velocity and air blast overpressure in Table D2 - Blasting noise limits to be exceeded at a sensitive place or commercial place.
- D3
Noise complaints When requested by the administering authority or as a result of a complaint (which is neither frivolous nor vexatious nor based on mistaken belief in the opinion of the authorised officer), noise monitoring must be undertaken, and the results thereof notified to the administering authority within 14 days following completion of monitoring. Monitoring must be carried out at a place or places relevant to the potentially affected noise sensitive place as agreed upon with the administering authority.
- D4
If investigations determine that an exceedance of the limits in Table D1 - Noise limits or Table D2 - Blasting noise limits is being caused by the holder of this environmental authority, abatement measures must be implemented so that impacts do not result in further exceedances or address the complaint using dispute resolution if required. Permit Environmental Authority Table D1 - Noise limits Sensitive Place Noise level dB(A) measured Monday to Saturday Sundays and Public Holidays as: 7am to 6pm to 10pm to 9am to 6pm to 10pm to 6pm 10pm 7am 6pm 10pm 9am LAeq, adj, 15 mins 35 31 30 33 34 30 Fort Cooper Homestead LAeq, adj, 15 mins 46 40 27 45 40 25 Location L1 Carrinyah Station and all other locations LA1, adj, 15 mins 40 36 30 38 39 30 Fort Cooper Homestead LA1, adj, 15 mins 51 45 32 50 37 30 Location L1 Carrinyah Station and all other locations Commercial Place Noise level dB(A) measured Monday to Saturday Sundays and Public Holidays as: 7am to 6pm 10pm 7am to 6pm to 10pm to 6pm to10pm to7am 6pm 10pm 7am LAeq, adj, 15 mins 40 36 30 33 39 30 Fort Cooper Homestead LAeq, adj, 15 mins Location 51 45 32 44 37 30
- E1
The holder of this environmental authority must not release contaminants to any waters, including groundwater.
- E2
Monitoring and sampling must be carried out in accordance with the requirements of the latest version of the following documents unless otherwise approved by the administering authority: (a) Monitoring and Sampling Manual: Environmental Protection (Water) Policy, Department of Environment and Science, 2018; (b) Groundwater Sampling and Analysis - A Field Guide (2009:27 GeoCat#6890.1); (c) Australian Standard AS/NZS 5667.11:1998 Water quality--Sampling - Part 11: Guidance on sampling of groundwaters; and (d) Guideline for the Environmental Assessment of Subterranean Aquatic Fauna, Department of Science, Information Technology and Innovation, 2015.
- E3
All determinations of groundwater quality monitoring must be performed by an appropriately qualified person.
- E4
Groundwater Monitoring The holder of the environmental authority must implement a groundwater monitoring program which has been developed by an appropriately qualified person. The monitoring program must include potential impacts to Brumby waterhole. The program must be able to detect a significant change to ground water quality values and standing water levels (consistent with the current suitability of the groundwater for domestic and agricultural use) due to activities that are part of this mining project.
- E5
Groundwater quality and standing water level must be monitored: (a) at monitoring bores within the nominated aquifers and minimum frequencies defined in Table
- E1
- Groundwater monitoring locations and frequency. (b) for quality characteristics listed in Table E2 - Groundwater contaminant trigger levels. Permit Environmental Authority Table E1 - Groundwater monitoring locations and frequency Compliance Location Screened Monitoring Category Interval Frequency (Decimal Degrees - Monitoring Hydrogeological GDA2020) Surface RL Water Level RL (mAHD) & Bore Unit Water Water quality Level (mAHD) Quality (Y/N) (Y/N) Lat Long Quarterly Interpretation Bores Quarterly Quarterly GWMB12A Alluvium Y Y -21.497 148.41590 247.55 242.55 Quarterly 84629 62 Quarterly Compliance Bores GWMB13A Alluvium Y Y -21.481 148.40076 254.76 244.76 54286 03 GWMB14A Alluvium Y Y -21.474 148.39723 257.73 243.73 59877 9 GWMB22A Alluvium Y Y -21.428 148.37804 281.6 272.1 37262 36 GWMB32 Alluvium Y Y -21.539 148.41614 251 240 31109 94 Permit Environmental Authority Table E2 - Groundwater contaminant trigger levels Parameter Unit Trigger Levels Limit Type Groundwater Standing RL >2m drawdown from Maximum Water Level pH Units the background level Minimum/Maximum pH 6.5 - 9.0 Electrical Conductivity S/cm 9,720* Maximum Total Dissolved Solids mg/L 6,330* Maximum Calcium mg/L No limit Interpretative purposes only# Magnesium mg/L No limit Interpretative purposes only# Sodium mg/L No limit Interpretative purposes only#
- E6
Groundwater Quality If groundwater from water quality compliance bores identified in Table E1 - Groundwater monitoring locations and frequency exceed the Contaminant Limits specified in Table E2 - Groundwater contaminant trigger levels on 3 consecutive occasions, the holder of the environmental authority must notify the administering authority via WaTERS within 24 hours of receiving the results and complete a Trigger Investigation in accordance with condition E7.
- E7
Trigger Investigation The trigger investigation required by E6 must be completed within 14 days of receiving the results to determine if the exceedance is a result of: (a) activities authorised under this environmental authority; (b) natural variation; or (c) neighbouring land use resulting in groundwater impacts.
- E8
The holder of this environmental authority must provide a report of the Trigger Investigation to the administering authority within 14 days of completion of the investigation under condition E7.
- E9
Follow Up Investigation If the Trigger Investigation under condition E7 determines that the exceedance was the result of activities authorised under this environmental authority, then a Follow Up Investigation must be completed within 28 days of submission of the Trigger Investigation. The Follow Up Investigation must: (a) determine the source, cause and extent of contamination; and (b) implement appropriate mitigation and management measures to: (i) address any groundwater contamination; and (ii) prevent recurrence of any groundwater contamination.
- E10
Groundwater Standing Water Level (SWL) Groundwater SWL must be monitored at the locations and frequencies specified in Table E1 - Groundwater monitoring locations and frequency.
- E11
The SWL in monitoring results from groundwater bores identified in Table E1 - Groundwater monitoring locations and frequency (with exception of dry bores) must be reviewed against the previous 12 months of SWL monitoring data. Permit Environmental Authority
- E12
When a bore listed in Table E1 - Groundwater monitoring locations and frequency (with the exception of dry bores) exceeds a drawdown of 2 meters per year, the holder of this environmental authority must: (a) notify the administering authority via WaTERS within 24 hours of becoming aware; (b) complete an investigation into the cause of exceedance within 10 business days; and (c) if the investigation carried out under part (b) determines that the mining activities are a potential cause or contributor to the exceedance: (i) notify the administering authority within 24 hours of making the determination; (ii) identify whether any actual environmental harm has occurred; and (iii) identify and implement mitigations to minimise the harm. Note: The groundwater SWL triggers are interim trigger levels pending a review of groundwater monitoring bores and the establishment of bore specific SWL trigger levels.
- E13
Annual Groundwater Monitoring Report An Annual Groundwater Monitoring Report (AGMR) is required to be completed and submitted to the administering authority by 1 October each calendar year.
- E14
The AGMR required by condition E13 must include: (a) the groundwater quality and standing water level of all groundwater bores listed within Table
- E1
- Groundwater monitoring locations and frequency; (b) an assessment of long-term water quality and water level trends at all groundwater bores listed in Table E1 - Groundwater monitoring locations and frequency; (c) details of any review undertaken of the groundwater conceptual model; (d) an assessment of any differences between the groundwater level impact predicted and actual impacts for corresponding period; and (e) comparison with receiving environment surface water quality monitoring results to determine any interaction or impact from groundwater on surface water.
- E15
The following information must be recorded in relation to all groundwater monitoring: (a) the date on which the sample was taken; (b) the time at which the sample was taken; (c) the monitoring bore at which the sample was taken; (d) the results of all monitoring; and (e) details of any exceedances of the conditions of this environmental authority.
- E16
All groundwater monitoring data required under this environmental authority or related to environmental management activities must be provided to the administering authority annually via WaTERS by 1 October each calendar year. Permit Environmental Authority
- E17
Bore Construction, Maintenance and Decommissioning The construction, maintenance, management, and decommissioning of groundwater bores (including background and compliance groundwater monitoring bores) must be undertaken in a manner that prevents or minimises impacts to the environment and ensures the integrity of the bores to obtain accurate monitoring. For all bores constructed after February 2015 construction and decommissioning must be in accordance with the `Minimum Construction Standard for Water Bores in Australia'. Permit Environmental Authority Schedule F: Water Condition Condition number
- F1
Contaminants that will or have the potential to cause environmental harm must not be released directly or indirectly to any waters as a result of the authorised mining activities, except as permitted under the conditions of this environmental authority.
- F2
Unless otherwise permitted under the conditions of this environmental authority, the release of mine affected water to waters must only occur from the release points specified in Table F1 - Mine affected water release points, sources and receiving waters.
- F3
The transfer of mine affected water to and between internal water management infrastructure that is installed and operated in accordance with a water management plan that complies with condition
- F4
The release of mine affected water to waters in accordance with condition F2 must not exceed the release limits stated in Table F2 - Mine affected water release limits when measured at the monitoring points specified in Table F1 - Mine affected water release points, sources and receiving waters for each quality characteristic stated in Table F2 - Mine affected water release limits.
- F5
The release of mine affected water to waters from the release points must be monitored at the locations specified in Table F1 - Mine affected water release points, sources and receiving waters for each quality characteristic and at the frequency specified in Table F2 - Mine affected water release limits and Table F3 - Release contaminant trigger investigation levels, potential contaminants. Note: The administering authority will take into consideration any extenuating circumstances prior to determining an appropriate enforcement response in the event condition F5 is contravened due to a temporary lack of safe or practical access. The administering authority expects the environmental authority holder to take all reasonable and practicable measures to maintain safe and practical access to designated monitoring locations. Permit Environmental Authority
- F6
If quality characteristics of the release exceed any of the trigger levels specified in Table F3 - Release contaminant trigger investigation levels, potential contaminants during a release event, the environmental authority holder must compare the downstream results in the receiving waters to the trigger values specified in Table F3 - Release contaminant trigger investigation levels, potential contaminants and: (a) where the trigger values are not exceeded then no action is to be taken; or (b) where the downstream results exceed the trigger values specified Table F3 - Release contaminant trigger investigation levels, potential contaminants for any quality characteristic, compare the results of the downstream site to the data from background monitoring sites and; (i) if the result is less than the background monitoring site data, then no action is to be taken; or (ii) if the result is greater than the background monitoring site data, complete an investigation into the potential for environmental harm and provide a written report to the administering authority in the next annual return, outlining: (A) details of the investigations carried out; and (B) actions taken to prevent environmental harm. Note: Where an exceedance of a trigger level has occurred and is being investigated, in accordance with F6(b)(ii) of this condition, no further reporting is required for subsequent trigger events for that quality characteristic.
- F7
If an exceedance in accordance with condition F6(b)(ii) is identified, the holder of the authority must notify the administering authority within 24 hours of receiving the result.
- F8
Mine affected water release events The holder must ensure a stream flow gauging station/s is installed, operated and maintained to determine and record stream flows at the locations and flow recording frequency specified in Table
- F4
- Mine affected water release during flow events.
- F9
Notwithstanding any other condition of this environmental authority, the release of mine affected water to waters in accordance with condition F2 must only take place during periods of natural flow in accordance with the receiving water flow criteria for discharge specified in Table F4 - Mine affected water release during flow events for the release points specified in Table F1 - Mine affected water release points, sources and receiving waters.
- F10
The release of mine affected water to waters in accordance with condition F2 must not exceed the electrical conductivity and sulfate release limits or the Maximum Release Rate (for all combined release point flows) for each receiving water flow criteria for discharge specified in Table F4 - Mine affected water release during flow events when measured at the monitoring points specified in Table F1 - Mine affected water release points, sources and receiving waters.
- F11
Release of mine affected water under low flow conditions as specified in Table F4 - Mine affected water release during flow events must cease if electrical conductivity reaches 1,400uS/cm when measured at the downstream cease to release monitoring point (MP8) specified in Table F6 - Receiving water upstream background sites and downstream monitoring points. Permit Environmental Authority
- F12
The daily quantity of mine affected water released from each release point must be; measured and recorded at the monitoring points in Table F1 - Mine affected water release points, sources and receiving waters.
- F13
Releases to waters must be undertaken so as not to cause erosion of the bed and banks of the receiving waters or cause a material build-up of sediment in such waters. Permit Environmental Authority Table F1 - Mine affected water release points, sources and receiving waters Release Latitude Longitude Mine Affected Water Monitoring Receiving Point Source and Location Point waters (RP) (decimal (decimal description degree, degree, GDA2020) GDA2020) RP 1 -21.511707 S 148.389880 E Water impounded in the End of Middle Creek, Hail Creek mine water pump into Absent storage system pipeline Creek, then Hail Creek, then Bee Creek RP 2 -21.438168 S 148.362099 E Water impounded in the End of Schammer Hail Creek mine water pump Creek, into Hail storage system pipeline Creek, then Bee Creek RP 3 -21.512393 S 148.392380 E Water impounded in the End of Middle Creek, Hail Creek mine water pump into Absent storage system pipeline Creek, then Hail Creek, then Bee Creek RP 4 -21.446245 S 148.352538 E Water impounded in the End of Schammer Hail Creek mine water pump Creek, into Hail storage system pipeline Creek, then Bee Creek Brumby Creek Diversion, into Water impounded in the End of Middle Creek,
- F14
Notification of release event commencement The environmental authority holder must notify the administering authority via WaTERS as soon as practicable and no later than 24 hours after commencing to release mine affected water to the receiving environment. Notification must include the submission of written advice to the administering authority of the following information: (a) release commencement date/time; (b) details regarding the compliance of the release with the conditions of Schedule F: Water of this environmental authority (i.e. contamination limits, natural flow, discharge volume); (c) release point/s; (d) release rate; (e) release quality; and (f) receiving water/s including the natural flow rate.
- F15
Notification of release event cessation The environmental authority holder must notify the administering authority via WaTERS as soon as practicable and nominally no later than 24 hours after cessation of a release notified under condition F14, the following information: (a) release cessation date/time; (b) release rate; (c) natural flow volume in receiving water; and (d) volume of water released. Note: Successive or intermittent releases occurring within 24 hours of the cessation of any individual release can be considered part of a single release event and do not require individual notification for the purpose of compliance with conditions F14 and F15, provided the relevant details of the release are included within the notification provided in accordance with conditions F14 and F15.
- F16
The environmental authority holder must within 28 days of notification under condition F15, provide the administering authority via WaTERS the following information: (a) the release commencement date and time; (b) the release cessation date and time; (c) volume of water released, including daily release volumes; (d) receiving water(s) including the natural flow rate; and (e) details regarding the compliance of the release with the conditions in Schedule F: Surface Water of this environmental authority (i.e. contamination limits, natural flow, discharge volume); (f) all in-situ water quality monitoring results; and (g) any other matter(s) pertinent to the water release event. Permit Environmental Authority
- F17
Notification of Release Event Exceedance If the release limits defined in Table F2 - Mine affected water release limits are exceeded, the holder of the environmental authority must notify the administering authority via WaTERS or Pollution Hotline within twenty-four (24) hours of receiving the results.
- F18
The environmental authority holder must, within 28 days of notification under condition F17, provide a report to the administering authority detailing: (a) the reason for the release; (b) the location of the release; (c) the total volume of the release and which (if any) part of this volume was non-compliant; (d) the total duration of the release and which (if any) part of this period was non-compliant; (e) all water quality monitoring results (including all laboratory analyses); (f) identification of any environmental harm as a result of the non-compliance; (g) all calculations; and (h) any other matters pertinent to the water release event.
- F19
Receiving environment monitoring and contaminant trigger levels The quality of the receiving waters must be monitored at the upstream background and downstream locations specified in Table F6 - Receiving water upstream background sites and downstream monitoring points and depicted in Figure 8- Receiving water upstream background sites and downstream monitoring points for each quality characteristic and at the monitoring frequency stated in Table F5 - Receiving waters contaminant trigger levels.
- F20
If quality characteristics of the receiving water at the downstream monitoring points exceed any of the trigger levels specified in Table F5 - Receiving waters contaminant trigger levels during a release event the environmental authority holder must compare the downstream results to the upstream results in the receiving waters and: (a) where the downstream result is the same or a lower value than the upstream value for the quality characteristic, then no action is to be taken, or (b) where the downstream results exceed the upstream results, complete an investigation into the potential for environmental harm and provide a written report to the administering authority in the next annual return, outlining; (i) details of the investigations carried out; and (ii) actions taken to prevent environmental harm. Note: Where an exceedance of a trigger level has occurred and is being investigated, in accordance with F20(b), no further reporting is required for subsequent trigger events for that quality characteristic.
- F21
All determinations of water quality and biological monitoring must be performed by an appropriately qualified person. Permit Environmental Authority Table F5 - Receiving waters contaminant trigger levels Quality Characteristic Trigger Level Monitoring Frequency pH 6.5 - 9.0 Daily during the release Electrical Conductivity 1,500 Daily during the release (S/cm) Turbidity (NTU) 600 Daily during the release Sulfate (SO42-) (mg/L) 250 At commencement of a release and thereafter weekly during a release (the first sample must be taken within two (2) hours of commencement of a release) Note: Whilst monitoring should aim to be undertaken at the frequency identified in Table F5 - Receiving waters contaminant trigger levels, it is only required when access is available. Permit Environmental Authority Table F6 - Receiving water upstream background sites and downstream monitoring points Monitoring Points Receiving Waters Location Latitude Longitude Description (decimal degree, (decimal degree, GDA2020) GDA2020) Upstream Background Monitoring Points Middle Creek - -21.496338 148.361579 upstream at rail loop Middle Creek, 4 km upstream of RP1
- F22
Post Low Flow Release Flush
- F23
Within 4 hours of the cessation of a release undertaken as per the low flow scenario defined in
- F24
Table - F4 Mine affected water release during flow events, the environmental authority holder must undertake a post low flush, that: F25
- F26
(a) occurs for a minimum of 3 days; F27 (b) uses non-mine affected water with an EC value of <900-S/cm; and (c) has a minimum flow rate of 20ML/day. Note: Temporary suspension of up to 48 hours and temporary suspension of longer than forty-eight (48) hours at the request of a downstream landholder of low flow releases defined in Table - F4 Mine affected water release during flow events are not considered a cessation of release for this condition F22. The environmental authority holder must monitor the Electrical Conductivity level at MP5 - Bee Creek Downstream daily during the post low flow release flush authorised under condition F22. Receiving Environment Monitoring Program The environmental authority holder must develop and implement a Receiving Environment Monitoring Program (REMP) to monitor, identify and describe any adverse impacts to surface water environmental values, quality and flows due to the authorised mining activity. This must include monitoring the effects of the mine on the receiving environment periodically (under natural flow conditions) and while mine affected water is being discharged from the site. For the purposes of the REMP, the receiving environment is the waters of the Bee Creek catchment and connected or surrounding waterways within 12 km downstream of the boundary of the ML4738. The REMP should encompass any sensitive receiving waters or environmental values downstream of the authorised mining activity that will potentially be directly affected by an authorised release of mine affected water. The REMP required under condition F24 must be in accordance with the Receiving Environment Monitoring Program guideline published by the administrating authority. A report outlining the findings of the REMP, including all monitoring results and interpretations must be prepared annually and made available on request to the administrating authority. This must include an assessment of background reference water quality, the condition of downstream water quality compared against water quality objectives, and the suitability of current discharge limits to protect downstream environmental values. Water reuse Mine affected water may be piped or trucked or transferred by some other means that does not contravene the conditions of this environmental authority and deposited into artificial water storage structures, such as farm dams or tanks, or used directly at properties owned by the environmental authority holder or a third party (with the consent of the third party). Permit Environmental Authority
- F28
Annual water monitoring reporting The following information must be recorded in relation to all water monitoring required under the conditions of this environmental authority and submitted to the administering authority in the specified format: (a) the date on which the sample was taken; (b) the time at which the sample was taken; (c) the monitoring point at which the sample was taken; (d) the measured or estimated daily quantity of mine affected water released from all release points; (e) the release flow rate at the time of sampling for each release point; (f) the results of all monitoring and details of any exceedances of the conditions of this environmental authority; and (g) water quality monitoring data must be provided annually by 1 October to the administering authority via WaTERS.
- F29
Temporary interference with waterways Destroying native vegetation, excavating, or placing fill in a watercourse, lake or spring necessary for and associated with mining operations must be undertaken in accordance with Department of Natural Resources, Mines and Energy (or its successor) Guideline - Riverine protection permit exemption requirements.
- F30
Water management plan A Water Management Plan must be developed by an appropriately qualified person and implemented. The Plan must be kept up to date and reflect current operational practices and water management system configuration.
- F31
Stormwater and water sediment controls An Erosion and Sediment Control Plan must be developed by an appropriately qualified person and implemented for all stages of the mining activities on the site to minimise erosion and the release of sediment to receiving waters and contamination of stormwater.
- F32
Stormwater, other than mine affected water, is permitted to be released to waters from: (a) erosion and sediment control structures that are installed and operated in accordance with the Erosion and Sediment Control Plan required by condition F31; (b) water management infrastructure that is installed and operated, in accordance with a Water Management Plan that complies with condition F30, for the purpose of ensuring water does not become mine affected water; and (c) for the purpose of this authority, runoff from haul roads traversing the Hail Creek Q100 flood plain are to be contained and treated as sediment laden waters as detailed in the Water Management Plan. Permit Environmental Authority Schedule G: Sewage treatment Condition Condition number
- G1
The only contaminant permitted to be released to land is treated sewage effluent in compliance with the release limits stated in Table G1 - Contaminant release limits to land.
- G2
The application of treated effluent to land must be carried out in a manner such that: (a) vegetation is not damaged; (b) there is no surface ponding of effluent; and (c) there is no run-off of effluent.
- G3
If areas irrigated with effluent are accessible to employees or the general public, prominent signage must be provided advising that effluent is present, and care should be taken to avoid consuming or otherwise coming into unprotected contact with the effluent.
- G4
All sewage effluent released to land must be monitored at the frequency and for the parameters specified in Table G1 - Contaminant release limits to land.
- G5
The daily volume of effluent release to land must be measured and records kept of the volumes of effluent released.
- G6
When circumstances prevent the irrigation or beneficial reuse of treated sewage effluent such as during or following rain events, waters must be directed to a wet weather storage or alternative measures must be taken to store/lawfully dispose of effluent.
- G7
Treated sewage effluent must only be supplied to another person or organisation that has a written plan detailing how the user of the treated sewage effluent will comply with their general environmental duty under section 319 of the Act 1994 whilst using the treated sewage effluent. Table G1 - Contaminant release limits to land Parameter Type Criteria Monitoring Frequency Suspended Solids pH Maximum 30 mg/L Monthly Free residual chlorine Maximum Monthly Faecal coliforms Maximum 6.5 - 8.0 Monthly Maximum Monthly 1 mg/L 1000 thermo-tolerant coliforms/ 100 ml Permit Environmental Authority Schedule H: Land Condition Condition number
- H1
Rehabilitation Land disturbed by mining must be rehabilitated in accordance with Table H1 - Rehabilitation Requirements.
- H2
The environmental authority holder must establish minimum cumulative areas of progressive rehabilitation on the overburden dumps of: (a) 175ha by December 2027; (b) 390ha by December 2028; (c) 560ha by December 2029; and (d) 710ha by December 2030.
- H3
The progressive rehabilitation established in accordance with condition H2 must comprise the completion of landform reshaping, topsoiling and/or amelioration and seeding for the establishment of a grazing or native ecosystem post mining land use (PMLU) as detailed in Table H1 - Rehabilitation Requirements.
- H4
Until the completion of rehabilitation steps required by condition H3 for the areas required under condition H2 of this environmental authority, the holder must submit to the administering authority by 1 April each year, a report that: (a) summarises the total current area of rehabilitation commenced on overburden dumps in the previous 12 months; (b) summarises the status of the rehabilitation completed to date on overburden dumps; and (c) describes the rehabilitation planned for the overburden dumps for the following 12 months.
- H5
Contaminated Land Before applying for surrender of a mining lease, the holder must (if applicable) provide to the administering authority a site investigation report under the Act, in relation to any part of the mining lease which has been used for notifiable activities or which the holder is aware is likely to be contaminated land, and also carry out any further work that is required as a result of that report to ensure that the land is suitable for its final land use.
- H6
Before applying for progressive rehabilitation certification for an area, the holder must (if applicable) provide to the administering authority a site investigation report under the Act, in relation to any part of the area the subject of the application which has been used for notifiable activities or which the holder is aware is likely to be contaminated land, and also carry out any further work that is required as a result of that report to ensure that the land is suitable for its final land use under condition H1. Permit Environmental Authority
- H7
Minimise the potential for contamination of land by hazardous contaminants.
- H8
Topsoil management Topsoil must be stripped ahead of any areas where the topsoil resource would otherwise be lost or permanently destroyed and stored if not able to be immediately used.
- H9
Topsoil that is stockpiled for greater than 6 months must be managed to minimise erosion.
- H10
Residual void outcome Residual voids must not cause any serious environmental harm to land, surface waters or any recognised groundwater aquifer, other than the environmental harm constituted by the existence of the residual void itself and subject to any other condition within this environmental authority. Permit Environmental Authority Table H1 - Rehabilitation Requirements Mine Domain Mine Feature Rehabilitation Rehabilitation Objectives Indicators Completion Criteria Name Goal Whole of Hail Achieve a sustainable and a) Long term safety Assessed for all options in detail below under Creek Mine (HCM) All mine-affected Successfully compatible land use upon closure, b) Non-polluting separate domains. and undisturbed achieve mine to ensure a positive legacy result. c) Stable land on Mining closure and final d) Able to sustain preferred final i) Evidence of spoil which demonstrates acid Lease 4738 relinquishment Rehabilitated and in-situ landforms rock drainage (ARD) and/or spontaneous are acceptable safety risk for land use combustion risks have been managed 1.Waste Rock 1. Waste rock a) Long term humans and animals now and in appropriately. Dumps dumps safety the foreseeable future a) Exposure to hazardous materials in spoil ii) Evidence of spoil sodicity assessment and 2.Fines and 2. Fines and management of problem spoils with spoil coarse rejects coarse rejects b) Exposure to spontaneous remediation method. emplacements emplacements combustion materials near surface iii) Implementation of engineering and capping 3.Areas not 3. Areas not designs promoting containment of potential disturbed by disturbed by c) Tunnelling of waste rock dumps hazardous material or contaminated waste mining activities mining activities spoil material. d) Compliance with rehabilitation iv) Evidence that rehabilitated land has a rate of procedures and closure of fines erosion similar or below that in the relevant and coarse rejects reference sites. The applicable relevant emplacements design and reference sites must have similar chemical management plans. and physical characteristics including slope length as that of the rehabilitated area. e) Landforms hazards to people and animals v) Record of compliance with procedures and management plan b) Non-polluting Waste rock dumps are adequately a) Exposure to acid forming/ managed to avoid exposure to generating materials vi) Evidence that risk assessment has been hazardous materials and yield carried out on long term safety aspects and benign runoff and seepage with b) Water chemistry parameters control measures are in place to meet agreed improving water quality over time c) Exposure to saline materials requirements. d) Exposure to sodic materials e) Sediment loading waters. vii) Evidence that safety issues have been addressed from physical risks. E.g. Falls from height, fall on risk minimised. i) Evidence that risk assessment has been carried out on potential long term pollution aspects and that appropriated control measures are in place. ii) Implementation of engineering and capping designs providing containment of potential hazardous material or contaminated waste material iii) Surface water and Groundwater quality
- H11
Complete an investigation into residual voids for the mine life and submit a report to the administering authority proposing acceptance criteria to meet the outcomes in condition H10 and landform design criteria within 18 months of 7 October 2015 for department review and comment. On acceptance of the criteria proposed in the residual void management plan, the criteria must be specified in this Environmental Authority. The investigation must at a minimum include the following: (a) a study of options available for minimising final void area and volume; (b) develop design criteria for rehabilitation of final voids; (c) a void hydrology study, addressing the long-term water balance in the voids, connections to groundwater resources and water quality parameters in the long term; (d) a pit wall stability study, considering the effects of long-term erosion and weathering of the pit wall and the effects of significant hydrological events; (e) a study of void capability to support native flora and fauna; and (f) a proposal/s for end of mine void rehabilitation success criteria and final void areas and volumes.
- H12
Prior to lease relinquishment, a qualified engineer (recognised by a credible external accreditation body) must undertake a geotechnical assessment on all final voids. The assessment must investigate final void geotechnical stability and the subsequent report must make recommendations for management of stability and safety.
- H13
Mining Waste Management A Mining Waste Management Plan including the waste overburden and coal washery wastes (rejects and tailings) must be developed and implemented during the continuation of the environmental authority. The Mining Waste Management Plan must at a minimum include: (a) characterisation programs to ensure that all mining waste is progressively characterised prior to disposal for net acid producing potential, salinity and the following contaminants: Arsenic (As) and Selenium (Se); (b) characterisation programs to ensure that the physical properties including the dispersive nature (sodicity) of the mining waste is progressively characterised prior to disposal; (c) the availability or leachability of metals from the mining waste; (d) quantification of PAF from mining waste present; (e) review impacts of the PAF mining waste on the rehabilitation; (f) management actions for mining waste that has been identified as having a high availability or leachability of metals; (g) management actions for mining waste that has been defined as PAF; (h) identification of environmental impacts and potential environmental impacts; (i) control measures for routine operations to minimise likelihood of environmental harm; and (j) contingency plans and emergency procedures for non-routine situations; and periodic review of environmental performance and continual improvement. Permit Environmental Authority
- H14
The management of mining waste emplacement must be managed in accordance with the following: (a) all mining waste identified as highly sodic or net acid producing potential or containing high levels of the following contaminants: Arsenic (As) and Selenium (Se), must be placed to minimise the likelihood of environmental harm.
- H15
Subsidence Management Prior to the commencement of underground mining, a Subsidence Management Plan, including watercourses or adjoining floodplains, must be implemented and maintained prior to the commencement of activities that result in subsidence. The plan must include at least the following components: (a) condition of the existing watercourse (including a baseline assessment); (b) the proposed impacts of subsidence on the watercourse and floodplain including but not limited to: (i) physical condition of surface drainages; (ii) overland Flow; (iii) water Quality; (iv) land condition: Current land condition to be impacted by subsidence; (v) infrastructure; detail of existing infrastructure (pipelines, railway, power lines and haul roads) should be identified where there is a potential impact from effects of land subsidence; and (c) proposed options for mitigating any impacts associated with subsidence and how these mitigation methods will be implemented.
- H16
The holder of this environmental authority must not commence subsidence of a longwall panel that will result in the subsidence of a watercourse or adjoining floodplain unless: (a) the holder has submitted to the administering authority two copies of a watercourse subsidence management plan together with certification of an appropriately qualified person that the plan is compliant in all respects with this environmental authority and in accordance with engineering best practice; and (b) at least 28 days has passed since the submission of the subsidence management plan. The holder of this environmental authority must arrange for each subsided longwall panel to be inspected annually by an appropriately qualified person, in accordance with conditions H17 - H20.
- H17
The annual inspection must be conducted between 1 September and 1 November each year.
- H18
At each annual inspection, the condition of each subsided longwall panel must be assessed, including the structural, geotechnical and hydraulic adequacy of the subsided longwall panel and the adequacy of the works with respect to the subsidence management plan.
- H19
For each inspection, two copies of a report certified by the appropriately qualified person, including any recommendations to ensure the integrity of each subsided longwall panel must be provided to the administering authority within 28 days of the inspection. Permit Environmental Authority
- H20
The report must detail any remedial works that have occurred and the resultant outcome from such works.
- H21
The holder of the environmental authority, if directed by the administrating authority, will be required to carry out any remedial works that are deemed to minimise impact on the physical integrity of the landscape from the effects of subsidence.
- H22
Authorised Exploration Activities Disturbance due to exploration activities conducted in accordance with conditions A3 to A5 of this environmental authority must not exceed the extent of impact areas detailed in Table H2 - Disturbance Limitations.
- H23
Disturbance conducted in the area marked `D - Authorised Exploration Exevale North' is only authorised for: (a) the purposes of exploration drilling, pads, sumps, access tracks, ecological surveys and environmental monitoring; and (b) the period starting 27 April 2023 and ending 27 April 2024 (inclusive).
- H24
Disturbance conducted in the area marked `C - Hail Creek West Exploration' and `E - Exploration Site' is only authorised for: (a) the purpose of exploration drilling pads, geotechnical drilling, test pits, sumps, access tracks, seismic survey, ecological surveys and environmental monitoring; and (b) the period starting mid to late 2024 and ending 31 December 2028.
- H25
Disturbance conducted within areas marked `C', `D' and `E' under condition A4 of this environmental authority must have rehabilitation works completed: (a) within six (6) months of the end of the period stated under condition H24(b); (b) without limiting (a), in accordance with the administering authority's (or its successors) latest version of `Eligibility criteria and standard conditions for exploration and mineral development (c) in accordance with Table H1 - Rehabilitation Requirements of this environmental authority.
- H26
Legacy Rehabilitation Legacy exploration at the locations depicted in Figure 2c: Hail Creek Mine - Legacy Bores and Tracks must have rehabilitation works completed by 31 December 2028: (a) in accordance with the administering authority's (or its successors) latest version of `Eligibility (b) in accordance with Table H1 - Rehabilitation Requirements. Permit Environmental Authority Table H2 - Disturbance Limitations Prescribed Environmental Matter Maximum Extent Location of Impact (ha) Legacy Exploration1 Regulated vegetation - RE 11.3.2 3.5 Figure 5: Regional Ecosystem Regulated vegetation - RE 11.3.4 8.56 Regulated vegetation - RE 11.3.21 0.28 Regulated vegetation - RE 11.4.2 3.30 Regulated vegetation - RE 11.9.5 0.29 Regulated vegetation - RE 11.9.7 11.25 Regulated vegetation within defined distance of 1.95 a watercourse - 11.3.4 Regulated vegetation within defined distance of 0.41 a watercourse - 11.3.25 Regulated vegetation within defined distance of 0.05 a watercourse - 11.3.21 Regulated vegetation within defined distance of 0.22 a watercourse - 11.9.2 Regulated vegetation within defined distance of 0.301 a watercourse - 11.9.7a Regulated vegetation within defined distance of 0.26 a watercourse - 11.9.9 Squatter Pigeon habitat 37.8 Figure 3: Habitat Koala and Squatter Koala habitat 37.8 Pigeon Southern and Central Greater Glider habitat 18.14 Ornamental Snake habitat 0.29 Glossy Black-cockatoo habitat 0.55 Short-beaked Echidna habitat 34.67 Black Ironbox habitat 1.08 C - Hail Creek West Exploration1 Regulated vegetation - RE 11.3.4 0.4 Regulated vegetation - RE 11.9.7 Regulated vegetation within defined distance of 2.16 a watercourse - RE 11.3.25 Regulated vegetation within defined distance of 0.35 Figure 6: Hail Creek West Project - MSES a watercourse - RE 11.9.2 Regulated vegetation within defined distance of 0.08 a watercourse - RE 11.9.7 Regulated vegetation within defined distance of 0.01 a watercourse - RE 11.9.9 Ornamental Snake habitat 2.07 D - Authorised Exploration Exevale North1 Squatter Pigeon habitat 1.57 E - Authorised Site Exploration1 4.63 Figure 3: Habitat Koala and Squatter
- I1
Assessment of consequence category The consequence category of any structure must be assessed by a suitably qualified and experienced person in accordance with the most recent version of the `Manual for assessing successor, at the following times: (a) prior to the design and construction of the structure, if it is not an existing structure; or (b) prior to any change in its purpose or the nature of its stored contents.
- I2
A consequence assessment report and certification must be prepared for each structure assessed and the report may include a consequence assessment for more than one structure.
- I3
Certification must be provided by the suitably qualified and experienced person who undertook the assessment, in the form set out in the most recent version of the `Manual for assessing successor.
- I4
Design and construction of a regulated structure Conditions I5 to I9 inclusive do not apply to existing structures.
- I5
All regulated structures must be designed by, and constructed under the supervision of, a suitably qualified and experienced person in accordance with the requirements of the most recent version of the `Manual for assessing consequence categories and hydraulic performance of structures
- I6
Construction of a regulated structure is prohibited unless: (a) the holder has submitted a consequence category assessment report and certification to the administering authority; and (b) certification for the design, design plan and the associated operating procedures has been certified by a suitably qualified and experienced person in compliance with the relevant condition of this authority.
- I7
Certification must be provided by the suitably qualified and experienced person who oversees the preparation of the design plan in the form set out in the most recent version of the `Manual for its successor and must be recorded in the Register of Regulated Structures. Permit Environmental Authority
- I8
Regulated structures must: (a) be designed and constructed in compliance with the most recent version of the `Manual for or its successor; (b) be designed and constructed with due consideration given to ensuring that the design integrity would not be compromised on account of: (i) floodwaters from entering the regulated dam from any watercourse or drainage line; and (ii) wall failure due to erosion by floodwaters arising from any watercourse or drainage line; and (c) have the floor and sides of the dam designed and constructed to prevent or minimise the passing of the wetting front and any entrained contaminants through either the floor or side of the dam during the operational life of the dam and for any period of decommissioning and rehabilitation of the dam.
- I9
Certification by the suitably qualified and experienced person who supervises the construction must be submitted to the administering authority on the completion of construction of the regulated structure, and state that: (a) the `as constructed' drawings and specifications meet the original intent of the design plan for that regulated; and (b) construction of the regulated structure is in accordance with the design plan.
- I10
Notification of affected persons All affected persons must be provided with a copy of the emergency action plan in place for each regulated structure: (a) for existing structures that are regulated structures, within 10 business days of this condition taking effect; (b) prior to the operation of the new regulated structure; and (c) if the emergency action plan is amended, with 5 business days of it being amended. Permit Environmental Authority
- I11
Operation of a regulated structure Operation of a regulated structure, except for an existing structure, is prohibited unless the holder has submitted to the administering authority in respect of regulated structure all of the following: (a) one paper copy and one electronic copy of the design plan and certification of the `design plan' in accordance with condition I6; (b) a set of `as constructed' drawings and specifications; (c) certification of the `as constructed drawings and specifications' in accordance with condition I9; (d) where the regulated structure is to be managed as part of an integrated containment system for the purpose of sharing the design storage allowance (DSA) volume across the system, a copy of the certified system design plan; (e) the requirements of this authority relating to the construction of the regulated structure have been met; (f) the holder has entered the details required under this authority, into a Register of Regulated Structures; and (g) there is a current operational plan for the regulated structures.
- I12
For existing structures that are regulated structures: (a) where the existing structure that is a regulated structure is to be managed as part of an integrated containment system for the purpose of sharing the DSA volume across the system, the holder must submit to the administering authority within 12 months of the commencement of this condition a copy of the certified system design plan including that structure; and (b) there must be a current operational plan for the existing structures.
- I13
Each regulated structure must be maintained and operated, for the duration of its operational life until decommissioned and rehabilitated, in a manner that is consistent with the current operational plan and, if applicable, the current design plan and associated certified `as constructed' drawings.
- I14
Mandatory reporting level Conditions I15 to I17 inclusive only apply to Regulated Structures which have not been certified as low consequence category for `failure to contain - overtopping'.
- I15
The Mandatory Reporting Level (the MRL) must be marked on a regulated dam in such a way that during routine inspections of that dam, it is clearly observable.
- I16
The holder must, as soon as practical and within 48 hours of becoming aware, notify the administering authority when the level of the contents of a regulated dam reaches the MRL.
- I17
The holder must, immediately on becoming aware that the MRL has been reached, act to prevent the occurrence of any unauthorised discharge from the regulated dam.
- I18
The holder must record any changes to the MRL in the Register of Regulated Structures. Permit Environmental Authority
- I19
Design Storage Allowance Conditions I20 to I23 inclusive only apply to Regulated Structures which have not been certified as low consequence category for `failure to contain - overtopping'.
- I20
The holder must assess the performance of each regulated dam or linked containment system over the preceding November to May period based on actual observations of the available storage in each regulated dam or linked containment system taken prior to 1 July of each year.
- I21
By 1 November of each year, storage capacity must be available in each regulated dam (or network of linked containment systems with a shared DSA volume), to the meet the DSA volume for the dam (or network or linked containment systems).
- I22
The holder must, as soon as possible and within 48 hours of becoming aware that the regulated dam (or network of linked containment systems) will not have the available storage to meet the DSA volume on 1 November of any year, notify the administering authority.
- I23
The holder must, immediately on becoming aware that a regulated dam (or network of linked containment systems) will not have the available storage to meet the DSA volume on 1 November of any year, act to prevent the occurrence of any unauthorised discharge from the regulated dam or linked containment systems.
- I24
Annual Inspection report Each regulated structure must be inspected each calendar year by a suitably qualified and experienced person.
- I25
At each annual inspection, the condition and adequacy of all components of the regulated structure must be assessed and a suitably qualified and experienced person must prepare an annual inspection report containing details of the assessment and include a recommendations section, with any recommended actions to ensure the integrity of the regulated structure or a positive statement that no recommendations are required.
- I26
The suitably qualified and experienced person who prepared the annual inspection report must certify the report in accordance with the most recent version of the `Manual for assessing successor.
- I27
The holder must within 20 business days of receipt of the annual inspection report, provide to the administering authority: (a) the recommendations section of the annual inspection report; (b) if applicable, any actions being taken in response to those recommendations; and (c) if, following receipt of the recommendations and (if applicable) actions, the administering authority requests a full copy of the annual inspection report from the holder, provide this to the administering authority within 10 business days of receipt of the request. Permit Environmental Authority
- I28
Transfer arrangements The holder must provide a copy of any reports, documentation and certifications prepared under this authority, including but not limited to any Register of Regulated Structures, consequence assessment, design plan and other supporting documentation, to a new holder on transfer of this authority.
- I29
Decommissioning and rehabilitation Regulated structures must not be abandoned but be either: (a) decommissioned and rehabilitated to achieve compliance with condition I29; or (b) be left in-situ for a use by the landholder provided that: (i) it no longer contains contaminants that will migrate into the environment; and (ii) it contains water of a quality that is demonstrated to be suitable for its intended use(s); and (c) the holder of the environmental authority and the landholder agree in writing that the: (i) dam will be used by the landholder following the cessation of the environmentally relevant activity(ies); and (ii) landholder is responsible for the dam, on and from an agreed date.
- I30
Before surrendering this environmental authority, the site must be rehabilitated to achieve a safe, stable, non-polluting landform and meet the requirements of condition H1.
- I31
Register of regulated dams A Register of Regulated Structures must be established and maintained by the holder.
- I32
The holder must provisionally enter the required information in the Register of Regulated Structures when a design plan for a regulated dam is submitted to the administering authority.
- I33
The holder must make a final entry of the required information in the Register of Regulated Structures once compliance with condition I11 and I12 has been achieved.
- I34
The holder must ensure that the information contained in the Register of Regulated Structures is current and complete on any given day.
- I35
All entries in the Register of Regulated Structures must be approved by the chief executive officer for the holder of this authority, or their delegate, as being accurate and correct.
- I36
The holder must, at the same time as providing the annual return, supply to the administering authority a copy of the records contained in the Register of Regulated Dams, in the electronic format required by the administering authority. Permit Environmental Authority
- I37
Transitional arrangements All existing structures that have not been assessed in accordance with either the Manual or the former Manual for Assessing Hazard Categories and Hydraulic Performance of Dams must be assessed and certified in accordance with the most recent version of the `Manual for assessing successor by 10 April 2017.
- I38
All existing structure must subsequently comply with the timetable for any further assessments in accordance with the Manual specified in Table I1 - Transitional hydraulic performance requirements for existing structures, depending on the consequence category for each existing structure assessed in the most recent previous certification for that structure.
- I39
Table I1 - Transitional hydraulic performance requirements for existing structures ceases to apply for a structure once any of the following events has occurred: (a) it has been brought into compliance with the hydraulic performance criteria applicable to the structure under the Manual; or (b) it has been decommissioned; or (c) it has been certified as no longer being assessed as a regulated structure.
- I40
Certification of the transitional assessment required by I37 and I38 must be provided to the administering authority by 10 April 2017. Permit Environmental Authority Table I1 - Transitional hydraulic performance requirements for Existing Structures Transition period required for existing structures to achieve the requirements of the Manual for Compliance with High Significant Low Criteria >90% and a history No transition required No transition required No transitional conditions of good compliance apply. Review performance in last consequence assessment 5 years every 7 years. >70% - 90% Within 7 years, unless Within 10 years, unless No transitional conditions otherwise agreed with the otherwise agreed with the apply. Review administering authority, administering authority, consequence assessment based on no history of based on no history of every 7 years. unauthorised releases. unauthorised releases. Within 5 years unless Within 7 years unless Review consequence otherwise agreed with the otherwise agreed with the assessment every 7 years. administering authority, administering authority, 50 - 70% based on no history of based on no history of unauthorised releases. unauthorised releases. Within 5 years or as per Within 5 years or as per Review consequence assessment every 5 years. 50% compliance requirements compliance requirements (e.g. TEP timing) (e.g. TEP timing) Regulated levee Within 5 years unless otherwise agreed with the administering authority. designed to prevent the ingress of clean flood water <100% compliant Permit Environmental Authority Schedule J: Nature conservation and biodiversity Condition Condition number
- J1
Conditions J1 - J4 apply only to the Hail Creek Mine Highwall Dump and Powerline Easement Project. The holder of this environmental authority must provide an offset for significant residual impacts on applicable State Significant Biodiversity Values (SSBV's), in accordance with the `Queensland an offset as identified in the revised Biodiversity Offset Strategy (BOS) and must be provided: (a) where a proponent-driven, land based offset is to be provided, ensure that the land based offset area is legally secured under a Voluntary Declaration under the Vegetation Management Act 1999, within 12 months from the acceptance of Offset Area Management Plan; or (b) where an offset payment is to be provided, provide payment to the administering authority's offset account no more than 30 days from the acceptance of the BOS.
- J2
The holder of the environmental authority must provide a 100m buffer from the boundary of the proposed Offset Area to mining activities as shown in Schedule 1 - Figure 1.
- J3
Where a land based offset is to be provided, the holder of the environmental authority must not conduct any disturbance in the Offset Area except as provided for in the Offset Management Plan.
- J4
Where a land based offset is to be provided, prior to the surrender of this environmental authority pursuant to the Environmental Protection Act 1994, the holder of the environmental authority must ensure that the Offset Area is legally secured to the title of the land (presently described as Lot 17 SP236270) which underlies the Offset Area.
- J5
2014) Conditions J5 - J11 apply only to the Hail Creek Mine Transition Project. Significant residual impacts to prescribed environmental matters, are only authorised to occur if: (a) for the prescribed environmental matters specified in Table J1 - Authorised impacts to prescribed environmental matters, the impacts occur at the location(s) specified for that prescribed environmental matter in Schedule 1 - Figures 3-7; and (b) for the prescribed environmental matter specified in Table J1 - Authorised impacts to prescribed environmental matters, the impacts do not exceed the maximum extent of impact specified for that prescribed environmental matter. Permit Environmental Authority
- J6
An environmental offset made in accordance with the Environmental Offsets Act 2014 and specified in Table J1 - Authorised impacts to prescribed environmental matters as requiring an environmental offset and in accordance with J7.
- J7
Offset may be delivered in stages The impacts to prescribed environmental matters authorised in condition J5 for which an offset is required by condition J6 may be carried out in stages. An environmental offset can be delivered for each stage of the impacts to prescribed environmental matters.
- J8
At least 30 days prior to submission of the notice of election for each stage, a report, that includes an analysis of the following matters, must be provided to the administering authority: (a) the anticipated maximum extent of impact to each prescribed environmental matter for the forthcoming stage; and (b) the actual extent of impact on each prescribed environmental matter from the previous stage, if applicable.
- J9
The notice of election must be provided to the administering authority no less than 3 months before the proposed commencement of each stage.
- J10
If a financial offset payment is to be provided for any stage of the Hail Creek Transition Project impacts, the payment must be provided to the administering authority's offset account no more than 30 days from the acceptance of the notice of election. amount to be paid in full and within an agreed timeframe in which the payment will be made, will be specified in the agreed delivery arrangement. Where there is a lengthy lag time of 18 months or more between agreement of the financial settlement amount and payment, the agreed amount will need to be recalculated using the Financial Settlement Offset Calculator to account for any changes, such as fluctuations in CPI.
- J11
Monitoring and Reporting No more than 6 months after the completion of the final stage, a report that includes the following matters must be provided to the administering authority: (a) an analysis of the actual extent of impacts on prescribed environmental matters resulting from the previous stage; and (b) where relevant, a notice of election to address any outstanding offset debits for the authorised activities. Permit Environmental Authority Table J1 - Authorised impacts to prescribed environmental matters Prescribed Environmental Matter Total Environmental Maximum Extent of Offset Required Regulated vegetation Of concern regional ecosystem - 11.3.2 Impact (ha) Of concern regional ecosystem - 11.3.4 Of concern regional ecosystem - 11.4.2 355 Yes Of concern regional ecosystem - 11.9.7 Of concern regional ecosystem that intersects a wetland - 11.3.2 241.31 Yes 1.91 No 1,524.04 Yes 0.5 Yes Least concern regional ecosystem that intersects a wetland - 11.3.27 18.5 Yes Of concern regional ecosystem within a defined distance from the defining 30 Yes banks of a relevant watercourse - 11.3.2 Of concern regional ecosystem within a defined distance from the defining 35.49 Yes banks of a relevant watercourse - 11.3.4 Of concern regional ecosystem within a defined distance from the defining 58.6 Yes banks of a relevant watercourse - 11.9.7 Least concern regional ecosystem within a defined distance from the 31.4 Yes defining banks of a relevant watercourse - 11.3.25 Least concern regional ecosystem within a defined distance from the 2.5 Yes defining banks of a relevant watercourse - 11.3.27 Least concern regional ecosystem within a defined distance from the 9 Yes defining banks of a relevant watercourse - 11.9.2 Least concern regional ecosystem within a defined distance from the 89.04 Yes defining banks of a relevant watercourse - 11.9.9 Essential habitat 4.98 No Connectivity Areas Connectivity area 3,937.8 Yes