recommendation report

56 Pages·2013·1.68 MB·English

EPBC 2011/6213
RECOMMENDATION REPORT

Abbot Point Terminal 0, Terminal 2 and
Terminal 3
Capital Dredging Project
Queensland (EPBC 2011/6213)

Photo credit: Aerial vista of the Port of Abbot Point – Public Environment Report,
North Queensland Bulk Ports Corporation, December 2012

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EPBC 2011/6213
1. Recommendation
1.1. That the proposed action, to undertake capital dredging and dredge spoil disposal for
Terminal 0, Terminal 2 and Terminal 3 at the Port of Abbot Point, Queensland, be
approved subject to the conditions specified below.
2. Conditions
1. Dredging is limited to a total volume of up to 3 million m3 from the dredge site at
Attachment A.
2. The person taking the action must not dredge or dispose of more than 1.3 million m3 of
sediment in any calendar year.
3. Dredging and disposal activities must not be undertaken between 1 July and 1 March
each year.
4. Disposal of dredged material must only occur at the disposal site at Attachment B,
unless Condition 5 applies.
5. The Minister may approve in writing, an alternative site for the disposal of dredged
material if the person taking the action provides peer reviewed scientific evidence from
the implementation of the Disposal Site Analysis Plan (Condition 20) that demonstrates
that the use of an alternative disposal site would result in equivalent or lesser
environmental impacts for matters of National Environmental Significance (NES). The
approved site must be included in the approved Dredging and Spoil Disposal
Management Plan and Abbot Point Marine Ecosystem Research and Monitoring
Program (Conditions 7 and 14) and must be identified in any permit obtained under the
Environment Protection (Sea Dumping) Act 1981.
6. The person taking the action must comply with the requirements of any permit obtained
under the Environment Protection (Sea Dumping) Act 1981, including any conditions
attached.
Dredging and Spoil Disposal Management Plan
7. To protect matters of NES, the person taking the action must submit to the Minister for
approval a Dredging and Spoil Disposal Management Plan (DSDMP) prior to
commencement of dredging and disposal activities.
The DSDMP must include but not be limited to the following:
a) Engineering and operational controls to minimise impacts on matters of NES,
including but not limited to: consideration of appropriate dredging equipment, use
of capping techniques for dredged material, operation of the ‘green valve’ and
other overflow issues and their impact on ambient water quality, modifications to
timing of dredging/disposal, utilisation of relevant technology to minimise release of
fine sediments and modifications to the rate of discharge of dredged material;
b) Measures to monitor water quality and ecosystem health for the full period of the
dredging and disposal, and for a period prior to and after dredging and disposal
(which shall be defined in the DSDMP), and to determine the load of fine
sediments and nutrients released into the environment and their fate;
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c) Water quality and ecosystem health trigger levels be developed for photosynthetic
active radiation, turbidity, total suspended solids, light attenuation and sediment
deposition rates, seagrass propogules and seed bank estimates, scallop bed
density. The water quality and ecosystem health trigger levels must be linked to
the adaptive management strategies in the event that trigger levels are reached.
The plan must also outline how the Great Barrier Reef Marine Park Authority
(GBRMPA) water quality guidelines will be taken into account, while also taking
account of the wind, tides, weather, seasons, temporal variation, and natural
background levels. Trigger levels must include:
i. Early-warning trigger levels for modifying the dredging/disposal action, and
ii. Trigger levels for ceasing the dredging/disposal action;
d) Measures to minimize the risk to flora and fauna in the vicinity of the dredging and
disposal activities;
e) A turtle exclusion device must be fitted to the dredger head at all times when
dredging occurs;
f) Measures that minimise the risk of the introduction of marine pest species via
vessels engaged in dredging or disposal activities;
g) Adaptive management strategies in the event that adverse impacts to matters of
NES are identified (e.g. from Abbot Point Marine Ecosystem Research and
Monitoring Program at Condition 14) and to address any results which indicate that
sediment movement is not occurring as predicted by the hydrodynamic modeling
undertaken for the Public Environment Report;
h) Measures to minimise the risk of, and respond to fuel, oil or chemical spills;
i) Outline the consultation process undertaken with the GBRMPA in developing the
DSDMP;
j) Report to the Minister in writing within one business day when injury to, or mortality
of, a listed threatened or migratory species occurs as a result of dredging or
disposal activities;
k) Report in writing within one business day to the Minister when a trigger level linked
to adaptive management strategies within the DSDMP is reached;
l) Details of responsible parties for each activity described in the DSDMP with an
organisational structure showing all responsible parties; and
m) Provide annual reviews of the DSDMP to the department and the independent
dredging Technical Advice Panel (TAP) (at Condition 23) to ensure continual
improvement measures are applied.
n) Include a table or similar quick reference document clearly setting out: the
conditions of this EPBC approval, the conditions of any permit under the
Environment Protection (Sea Dumping) Act 1981, and the requirements of the
National Assessment Guidelines for Dredging; and the sections and page
references of the DSDMP that address those conditions and requirements.
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8. The DSDMP must comply with all requirements under the Environment Protection (Sea
Dumping) Act 1981, the National Assessment Guidelines for Dredging and the Great
Barrier Reef Marine Park Authority’s ‘Dredging and Spoil Disposal Policy’.
9. The DSDMP must be submitted for review by the independent dredging TAP (at
condition 23), to provide advice to the person taking the action on the development,
endorsement, implementation and adequacy of adaptive management measures of the
DSDMP. The independent dredging TAP must be consulted during the development of
the DSDMP, and prior to submission of the DSDMP to the Minister.
10. The person taking the action must provide to the Minister, a copy of all advice and
recommendations made by the independent dredging TAP and an explanation of how
the advice and recommendations will be implemented or an explanation of why the
person taking the action does not propose to implement certain recommendations. This
information must be provided to the Minister when the DSDMP is submitted for
approval.
11. The DSDMP must be submitted to the Minister for approval at least three months prior
to the commencement of dredging, unless otherwise approved in writing by the
Minister.
12. Dredging must not commence until the DSDMP has been approved by the Minister.
The approved DSDMP must be implemented.
13. The DSDMP must be submitted for review annually to the independent dredging TAP
and revised as per the advice of the independent dredging TAP, to enable continuous
improvement and adaptive management of dredge and spoil disposal methodology.
Any proposed revision to the DSDMP must be submitted to the Minister for approval.
The revised document must include a table or similar summary showing clearly the
proposed changes with cross reference to page and section numbers in the current
approved DSDMP.
Abbot Point Ecosystem Research and Monitoring Program
14. The person taking the action must submit to the Minister for approval an Abbot Point
Ecosystem Research and Monitoring Program (APERMP) prior to commencement of
dredging and disposal activities. The APERMP must allow for real-time response
measures to be implemented if necessary as well as ongoing monitoring, and include,
but not be limited to the following:
a) Methodology to validate the hydrodynamic modeling provided in the Public
Environment Report and the findings of the technical studies undertaken for the
Improved Dredge Management for the Great Barrier Reef Region during each
dredging campaign at both the dredge and disposal sites;
b) Implement a stochastic dredge plume model that uses 20 years of met-ocean data
in order to account for inter-annual variability in oceanographic conditions of the
Great Barrier Reef;
c) Processes to revise the hydrodynamic modeling, including peer review, prior to
undertaking any subsequent dredging campaigns;
d) Measures to monitor water quality, the turbidity plume, seagrass health and
recovery (especially the seed banks and associated seagrass propogules), benthic
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habitat, scallop beds and coral health for the full period of dredging and for a
period prior to and after dredging (which shall be defined by the DSDMP) both
within the Port limits and with reference locations in adjacent areas of Abbot Point;
e) Consideration of how the APERMP can be aligned with any future Great Barrier
Reef water quality monitoring framework, including the Abbot Point Joint
Environmental Management Framework;
f) Locations of monitoring and reference sites and the reason for the site selections.
Water quality monitoring must be conducted at a network of sites in the impact
zones including in proximity to sensitive habitats and control/reference sites;
g) Ongoing monitoring capable of confirming any water quality changes or impacts
from suspended sediments, greater than those outlined in the Great Barrier Reef
Marine Park Authority water quality guidelines and as provided for in the
DSDMP, on coastal fringes, inter-tidal zones and any sensitive habitats, including
seagrass, and coral habitats;
h) Turtle, dugong and commercial fish species monitoring programs will be developed
and implemented.
i) Social and economic monitoring of this proposed action will be undertaken.
j) Include a table or similar quick reference document clearly setting out: the
conditions of this EPBC approval, the conditions of any permit under the
Environment Protection (Sea Dumping) Act 1981, and the requirements of the
National Assessment Guidelines for Dredging; and the sections and page
references of the DSDMP that address those conditions and requirements;
k) Outline the consultation process undertaken with the GBRMPA in developing the
APERMP; and
l) The timelines for the implementation of the elements of the APERMP, and the
required timeframe to monitor any impacts, including potential re-suspension of
fine sediments.
15. The APERMP must be submitted for review to the independent dredging TAP, to
provide advice to the person taking the action on the development, endorsement,
implementation and adequacy of the research and monitoring program outlined in the
APERMP. The independent dredging TAP must be consulted during the development
of the APERMP, and prior to submission of the APERMP to the Minister.
16. The person taking the action must provide to the Minister, a copy of all advice and
recommendations made by the independent dredging TAP and an explanation of how
the advice and recommendations will be implemented or an explanation of why the
person taking the action does not propose to implement certain recommendations. This
information must be provided to the Minister when the APERMP is submitted for
approval.
17. The APERMP must be submitted to the Minister for approval at least three months
prior to the commencement of dredging, unless otherwise approved in writing by the
Minister.
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18. Dredging must not commence until the APERMP has been approved by the Minister,
and the measures (as described under section 14 of this approval) of the approved
APERMP have been implemented.
19. The APERMP must be submitted for review annually to the independent dredging TAP
and revised as per the advice of the independent dredging TAP, to enable continuous
improvement and adaptive management of the research and monitoring program. Any
proposed revision to the APERMP must be submitted to the Minister for approval. The
revised document must include a table or similar summary showing clearly the
proposed changes with cross reference to page and section numbers in the current
approved APERMP.
Disposal Site Analysis Plan
20. The person taking the action must submit to the Minister for approval a Disposal Site
Analysis Plan (DSAP) one month prior to submission of the DSDMP and APERMP,
and prior to the commencement of dredging and disposal activities. The DSAP must
include, but not be limited to the following:
a) Identification of alternative disposal sites for further analysis (which must be
undertaken in consultation with the Department), taking account of the technical
studies undertaken for the Improved Dredge Management for the Great Barrier
Reef;
b) Methodology for undertaking a comparative assessment of the approved disposal
site (Attachment B) and the alternative disposal locations identified. The
comparative assessment must be undertaken in accordance with the National
Assessment Guidelines for Dredging (2009) and take account of the physical,
chemical and biological characteristics of the water-column and seabed, proximity
to sensitive areas, marine park zoning, fishing and other uses of the sea (including
shipping and anchorage channels, scallop beds, identified commercial and
recreational fishing areas, shipwrecks and aircraft), and potential impacts to
matters of NES; and
c) Processes for consultation with relevant stakeholders and the community on
alternative sites and the comparative assessment;
21. The approved DSAP must be implemented, and the results of the comparative
assessment undertaken under the approved DSAP must be reported to the
Department within 8 months of the date of this approval.
22. If the results of the comparative assessment indicate that an alternative site is
preferred over the approved site (Condition 4 and Attachment B), then approval of the
alternative site for the disposal of dredged material must be sought from the Minister. If
approval of an alternative site is sought, the DSDMP and ABERMP can only be
submitted for approval (Condition 5) once the Minister has made a final determination
on a disposal site.
Dredging Technical Advice Panel (TAP)
23. The person taking the action must establish, fund and manage an independent
dredging TAP, to be established prior to and for the duration of dredging operations to
provide advice to the person taking the action on the development, endorsement,
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implementation and review for adaptive management purposes of the DSDMP,
APERMP and the Offsets Plan, referred to at Conditions 7, 14 and 30 consecutively.
24. The members of the TAP must include at least two independent scientific experts with
expertise in water quality and marine ecology, and an independent dredging technical
advisor. The membership of the TAP must receive written approval from the
department in consultation with GBRMPA, prior to the development and submission of
the DSDMP, APERMP and Offsets Plan.
25. The terms of reference of the TAP must include but may not be limited to the following:
a) Provide advice on the development and annual review of the DSDMP, APERMP
and Offsets Plan, including development and revision of appropriate trigger levels,
monitoring programs, management actions, dredging program, and dredge and
spoil placement methodology to protect World Heritage outstanding universal
values, water quality, cetaceans, dolphins, marine turtles, dugongs and their
habitat;
b) Provide advice on exceedance of trigger values and recommended changes to
dredging practices, through the DSDMP, as required;
c) Provide advice on the adequacy of the Offsets Plan to demonstrate net benefit
outcomes for the Great Barrier Reef, and to ensure that the APERMP is a
sufficiently robust measure for the achievement of a net benefit; and
d) Annually review the DSDMP, APERMP and Offsets Plan (by the date of the plan’s
approval) to enable continuous improvement and adaptive management of the
dredge and disposal methodology and the research and monitoring program.
26. The person taking the action must provide to the Minister, a copy of all advice and
recommendations made by the independent dredging TAP and an explanation of how
the advice and recommendations will be implemented or an explanation of why the
person taking the action does not propose to implement certain recommendations. This
information must be provided to the Minister when the DSDMP, APERMP and Offsets
Plan are submitted for approval.
Mitigation Measures for Protection of Threatened or Migratory Species
27. Before commencing dredging and disposal activities, the person taking the action must
check, using binoculars from a high observation platform on the vessel, for marine
mammals and turtles within the monitoring zone.
28. Observation must then continue for the duration of the dredging and disposal activities.
29. If any marine mammals or turtles are sighted in the monitoring zone, dredging and
disposal activities must not commence/continue in the monitoring zone until twenty
minutes after the last marine mammal or turtle is observed to leave the monitoring
zone or the vessel is to move to another area of the dredge/disposal site to maintain a
minimum distance of 300 metres between the vessel and any marine mammals or
turtle sighted.
30. A turtle exclusion device must be fitted to the dredger head at all times when dredging
takes place.
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Offsets Plan
31. The person taking the action must submit an Offsets Plan to the Minister for approval
prior to commencement of dredging and disposal activities. The Offsets Plan must
include the following:
a) Address the loss of seagrass from the dredge area and areas of potential seagrass
loss resulting from the dredge plume extent;
b) Outline the process to undertake actions that will result in a net benefit outcome for
the World Heritage Area, by reducing an equivalent fine sediments load entering
the World Heritage Area from the Burdekin and Don catchments and taking
account of the fine sediment load resulting from the dredging and disposal
activities;
c) Consider how these offsets will contribute to programs or incentives and align with
the broader strategies and programs for the Great Barrier Reef, including Reef
Trust 2050.
d) The total amount of fine sediments released or disposed into the marine
environment from the dredging and dredge spoil disposal activities must be offset
by an equivalent 150% reduction in the load of fine sediments entering the marine
environment from the Burdekin and Don catchments. This can take account of
information on the sedimentation of fine sediments as it becomes available;
e) Measure and monitor how the actions undertaken in the Burdekin and Don
catchments meet the targets required at 31(d);
f) Outline the consultation process undertaken with the GBRMPA in developing the
Offsets Plan;
g) Publish an annual public report outlining how the actions are achieving the targets
in 31(d) for the duration of this approval; and
h) Outline contingency actions and additional management measures to address any
deficiencies to meet the targets at 31(d).
32. The approved Offsets Plan must be implemented.
Standard Conditions
33. Within 7 days after the commencement of the action, the person taking the action must
advise the Department in writing of the actual date of commencement.
34. The person taking the action must maintain accurate records substantiating all
activities associated with or relevant to the conditions of approval, including measures
taken to implement the plans and program required by this approval, and make them
available upon request to the Department. Such records may be subject to audit by the
Department or an independent auditor in accordance with section 458 of the EPBC Act,
or used to verify compliance with the conditions of approval. Summaries of audits will
be posted on the Department’s website. The results of audits may also be publicised
through the general media.
35. The person taking the action must report any non-compliance with any of the
conditions of this approval to the department within two days of becoming aware of the
non-compliance.
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36. Within three months of every 12 month anniversary of the commencement of the
action, the person taking the action must publish a report on their website addressing
compliance with each of the conditions of this approval, including implementation of
any plans/programs/codes of conduct as specified in the conditions. Documentary
evidence providing proof of the date of publication and an annual summary of non-
compliance with any of the conditions of this approval must be provided to the
department at the same time as the compliance report is published.
37. Upon the direction of the Minister, the person taking the action must ensure that an
independent audit of compliance with the conditions of approval is conducted and a
report submitted to the Minister. The independent auditor must be approved by the
Minister prior to the commencement of the audit. Audit criteria must be agreed to by the
Minister and the audit report must address the criteria to the satisfaction of the Minister.
38. If the person taking the action wishes to carry out any activity otherwise than in
accordance with the plans and program as specified in the conditions, the person
taking the action must submit to the department for the Minister’s written approval a
revised version of that plans and program. The varied activity shall not commence until
the Minister has approved the varied plans and program in writing. The Minister will not
approve a varied plan and program unless the revised plans and program would result
in an equivalent or improved environmental outcome over time. If the Minister
approves the revised plans and program, that plans and program must be implemented
in place of the plans and program originally approved.
39. If the Minister believes that it is necessary or convenient for the better protection of a
World heritage property, a National heritage place, the Great Barrier Reef Marine Park,
the Commonwealth marine area, listed threatened species and ecological
communities, and listed migratory species to do so, the Minister may request that the
person taking the action make specified revisions to the plans and program specified in
the conditions and submit the revised plans and program for the Minister’s written
approval. The person taking the action must comply with any such request. The revised
approved plans and program must be implemented. Unless the Minister has approved
the revised plans and program, then the person taking the action must continue to
implement the plans and program originally approved, as specified in the conditions.
40. If, at any time after five years from the date of this approval, the person taking the
action has not commenced the action, then the person taking the action must not
commence the action without the written agreement of the Minister.
41. Unless otherwise agreed to in writing by the Minister, the person taking the action must
publish all plans and program referred to in these conditions of approval on their
website. Each plan and program must be published on the website within 1 month of
being approved.
Definitions:
The Action: is comprised of capital dredging of up to 3 million m3 and dredge spoil disposal as
part of the development of Terminal 0, Terminal 2 and Terminal 3 at the Port of Abbot Point,
Queensland (see EPBC Act referral No. 2011/6213).
Capping techniques: technique in which dredged material is covered with another layer of
sediment to contain the disposed material.
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Cetaceans: Includes baleen whales and larger toothed whales (such as sperm whales, killer
whales, false killer whales, pilot whales and beaked whales).
Commencement of the action: any works of the proposed action.
The Department: is the Australian Government Department responsible for administration of
the Environment Protection and Biodiversity Conservation Act 1999.
Dolphin: includes the following species listed under the EPBC Act:
- Indo-pacific Humpback Dolphin (Sousa chinensis);
- Australian Snubfin Dolphin (Orcaella heinsohni); and;
- Spotted Bottlenose Dolphin (Tursiops aduncus).
Dredging and disposal activities: includes all activities associated with the capital dredging
and disposal of material, including: the excavation or dredging of the material, the loading and
carriage of excavated or dredged material for the purpose of dumping at sea, and the dumping
of the excavated or dredged material at sea within the prescribed spoil grounds.
Dredging campaign: means the dredging and disposal activity that occurs in a single calendar
year.
Dumping activities: means all activities associated with the dumping at sea of dredged
material, including:
(i) the loading and carriage of dredged material for the purpose of dumping;
(ii) the dumping of the material at the approved disposal site;
EPBC Act: Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth).
EPBC listed threatened and migratory species: a native species that is a listed threatened
species or a listed migratory species under the EPBC Act.
Great Barrier Reef Marine Park Authority (GBRMPA) water quality guidelines: Water
Quality Guidelines for the Great Barrier Reef Marine Park (GBRMPA 2010).
Green valve: an overflow turbidity regulator valve designed to avoid the entrainment of air in
the water / sediment mixture before the overflow water is discharged from the Trailing Suction
Hopper Dredge.
Habitat: includes habitat that has been determined as either habitat suitable for the species or
actual habitat for the species.
Improved Dredge Management for the Great Barrier Reef Region: This study is part of the
Strategic Assessment of the Great Barrier Reef and will provide tools to improve decision
making with regards to dredge material disposal in the Great Barrier Reef Region. More
information can be found at the department’s web site on the Strategic Assessment of the Great
Barrier Reef at:
http://www.environment.gov.au/epbc/notices/assessments/great-barrier-reef.html
Independent scientific expert: Scientists with relevant qualifications and expertise who are not
affiliated with the proponent or with other parties affiliated with the project.
Joint Environmental Management Framework: Abbot Point Joint Environmental Management
Framework (February 2013).
Marine mammals and turtles: Includes the following species listed under the EPBC Act:
Mammals:
Dolphin, Cetaceans and Dugong.
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