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Environmental Protection Act 1986
LICENCE
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792 NAME OF OCCUPIER:
Southern Port Authority ADDRESS OF OCCUPIER:
54 Casuarina Drive Bunbury WA 6230
NAME AND LOCATION OF PREMISES:
Southern Port Authority
Lot 963 on Plan 220558 and Lot 962 on Plan 219848, Inner Harbour – Berth 5 and 8
BUNBURY WA 6230
(as depicted in Attachment 2)
Environmental Protection Regulations 1987
CLASSIFICATION(S) OF PREMISES:
Category 58 : Bulk Material Loading or Unloading
COMMENCEMENT DATE OF LICENCE: Wednesday, 30 September 2015 EXPIRY DATE OF LICENCE: Thursday, 29 September 2016
CONDITIONS OF LICENCE:
As described and attached:
DEFINITIONS
GENERAL CONDITION(S) 5 REPORTING CONDITION(S) 1 ATTACHMENT(S) 2
...
Danielle Eyre
Officer delegated under Section 20
of the Environmental Protection Act 1986
Date of Issue: Friday, 25 September 2015
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792
Licence Applicability
This Licence is issued to the Southern Port Authority (SPA) for the operation of the Inner Harbour, Berth 5 and 8, ship loading operations, located on Leschenault Drive, Bunbury and includes, but is not necessarily limited to, the following operations:
Minerals sand products (ilmenite, synthetic rutile, etc), copper concentrate, silica sand and spodumene loading or unloading from ships using multiple chutes and attachments for both dry and wet products;
Associated conveyancing equipment (conveyors, etc); and
Dust suppression and collection equipment associated with ship loading / unloading and conveyancing.
Following the review of Western Australian port facilities and shiploading operations previous Licences at berth 5 & 8 had required the completion of an Environmental Improvement Plan (EIP). The environmental improvements have now been completed and implemented and the Licence review can now be completed. However, initial monitoring of performance reassessment has not been completed. Therefore this licence has been reissued in a previous licence format for a 1 year period allowing the reassessment to be completed and include the new licence format.
This facility is prescribed within Schedule 1 of the
Environmental Protection Regulations 1987 as outlined in Table 1;Table 1: Category under which the BPA Berth 8 is prescribed.
Category number
Category name Description
58
Bulk material loading or unloading
Premises on which clinker, coal, ore, ore concentrate or any other bulk granular material is loaded onto or unloaded from vessels by an open materials loading system.
Nominal Rated Throughput
The nominal maximum shiploading throughput covered by this licence is not more
than 75,000 tonnes per day.
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792 CONDITIONS OF LICENCE
DEFINITIONS
In these Licence conditions, unless inconsistent with the text or subject matter:
"annual period” means the inclusive period from July 1 until June 30 in the following year;
CEO" means Chief Executive Officer of the Department of Environment Regulation;
"CEO" for the purpose of correspondence means;
Chief Executive Officer
Department Administering the Environmental Protection Act 1986 Locked Bag 33
CLOISTER SQUARE WA 6850 Email:
info@der.wa.gov.au“EIP” means Environmental Improvement Plan submitted to Director and titled “Bunbury Port Authority, Environmental Improvement Plan Berth 8 Prescribed Premises reviewed on 5 May 2011;
“Inform” means to inform the Director in writing, by letter, facsimile or e-mail;
“Licensee” means the person or organisation named as Licensee on page 1 of the Licence;
“Premises” means the area defined in the Premises map in Attachment 2 and listed as the
premises address on page 1 of the Licence;
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792 GENERAL CONDITIONS
1. The Licensee shall maintain interconnections on all belt to belt transfer points and belt scrapers.
2 The licensee shall use and maintain reverse pulse bag dust collection systems at all conveyor transfer points for dry products.
3 The licensee shall collect all particulate material from the reverse pulse bag dust collection system in bulka bags for reuse as raw product or disposed to a licensed landfill facility.
4 The licensee when commencing shiploading shall position the chute as close to the bottom of the ship’s hold.
5 The licensee during shiploading operations shall position the chute to be close to the deposited product.
REPORTING CONDITIONS
6 The licensee shall, by 30 August in each year, provide to the CEO an Annual Audit Compliance Report in the form in Attachment 1 to this licence, signed and certified in the manner required by Section C of the form, indicating the extent to which the Licensee has complied with the conditions of this licence, and any previous licence issued under Part V of the Act for the Premises, during the annual period.
...…………..
Danielle Eyre
Officer delegated under Section 20
of the Environmental Protection Act 1986
Date of Issue: Friday, 25 September 2015
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792
ATTACHMENT 1 – ANNUAL AUDIT COMPLIANCE REPORT SECTION A
LICENCE DETAILS
Licence Number: Licence File Number:
Company Name:
Trading as:
ABN:
Reporting period:
___________________ to ___________________
STATEMENT OF COMPLIANCE WITH LICENCE CONDITIONS
1. Were all conditions of licence complied with within the reporting period? (please tick the appropriate box)
Yes □ Please proceed to Section C No □ Please proceed to Section B
Each page must be initialed by the person(s) who signs Section C of this annual audit compliance report
INITIAL:________________
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792
SECTION B - DETAILS OF NON-COMPLIANCE WITH LICENCE CONDITION.
Please use a separate page for each licence condition that was not complied with.
a) Licence condition not complied with?
b) Date(s) when the non compliance occurred, if applicable?
c) Was this non compliance reported to DEC?
Yes Reported to DEC verbally Date ___________
Reported to DEC in writing Date ___________
No
d) Has DEC taken, or finalised any action in relation to the non compliance?
e) Summary of particulars of compliance non compliance, and what was the environmental impact?
f) If relevant, the precise location where the non compliance occurred (attach map or diagram)
g) Cause of non compliance
h) Action taken or that will be taken to mitigate any adverse effects of the non compliance
i) Action taken or that will be taken to prevent recurrence of the non compliance
Each page must be initialed by the person(s) who signs Section C of this annual audit compliance report INITIAL:________________
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792
SECTION C - SIGNATURE AND CERTIFICATION
This Annual Audit Compliance Report may only be signed by a person(s) with legal authority to sign it. The ways in which the Annual Audit Compliance Report must be signed and certified, and the people who may sign the statement, are set out below.
Please tick the box next to the category that describes how this Annual Audit Compliance Report is being signed. If you are uncertain about who is entitled to sign or which category to tick, please contact the licensing officer for your premises.
If the licence holder is
The Annual Audit Compliance Report must be signed and certified:
An individual
□
□
by the individual licence holder, or
by a person approved in writing by the Chief Executive Officer of the Department of Environment Regulation to sign on the licensee's behalf.
A firm or other unincorporated company
□
□
by the principal executive officer of the licensee; or
by a person with authority to sign on the licensee's behalf who is approved in writing by the Chief Executive Officer of the Department of Environment and Conservation.
A corporation
□
□
□
□
□
□
by affixing the common seal of the licensee in accordance with the Corporations Act 2001; or
by two directors of the licensee; or
by a director and a company secretary of the licensee, or
if the licensee is a proprietary company that has a sole director who is also the sole company secretary – by that director, or
by the principal executive officer of the licensee; or
by a person with authority to sign on the licensee's behalf who is approved in writing by the Chief Executive Officer of the Department of Environment Regulation.
A public authority (other than a local government)
□
□
by the principal executive officer of the licensee; or
by a person with authority to sign on the licensee's behalf who is approved in writing by the Chief Executive Officer of the Department of Environment Regulation.
a local government □
□
by the chief executive officer of the licensee; or by affixing the seal of the local government.
It is an offence under section 112 of the Environmental Protection Act 1986 for a person to give information on this form that to their knowledge is false or misleading in a material particular. There is a maximum penalty of $50,000 for an individual or body corporate.
I/We declare that the information in this annual audit compliance report is correct and not false or misleading in a material particular.
SIGNATURE: ________________________
NAME:
(printed) _____________________________
POSITION: __________________________
DATE: ______/_______/________________
SIGNATURE: ________________________
NAME:
(printed) _____________________________
POSITION: __________________________
DATE: ______/_______/________________
SEAL (if signing under seal)
LICENCE NUMBER: L6744/1996/12 FILE NUMBER: DER2015/001792
ATTACHMENT 2 – PLAN OF PREMISES
Bunbury Port Authority Premises boundary (in red) – Berth 5 & 8 Inner Harbour BUNBURY.
Premises boundary
as delineated in Red
Boundary
Environmental Protection Act 1986 Page 1 of 7
Environmental Protection Act 1986, Part V
Proponent:
Southern Ports Authority Licence: L6744/1996/12
Registered office: 54 Casuarina Drive BUNBURY WA 6231
ABN: 30 044 341 250
Premises address: Port of Bunbury Berth 5 and 8
Lot 963 on Plan 220558 and lot 962 on Plan 219848 BUNBURY WA 6230
As depicted in Schedule 1 Issue date: Friday, 25 September 2015 Commencement date: Wednesday, 30 September 2015 Expiry date: Thursday, 29 September 2016
Decision
Based on the assessment detailed in this document the Department of Environment Regulation (DER) has decided to issue a new licence. DER considers that in reaching this decision, it has taken into account all relevant considerations and legal requirements and that the Licence and its conditions will ensure that an appropriate level of environmental protection is provided.
Decision Document prepared by: Neville Welsh
Senior Licensing Officer
Decision Document authorised by: Danielle Eyre Delegated Officer
Environmental Protection Act 1986 Page 2 of 7
1 Purpose of this Document 2
2 Administrative summary 2
3 Executive summary of proposal and assessment 3
4 Decision table 5
5 Advertisement and consultation table 6
6 Risk Assessment 7
1 Purpose of this Document
This decision document explains how DER has assessed and determined the application and provides a record of DER’s decision-making process and how relevant factors have been taken into account. Stakeholders should note that this document is limited to DER’s assessment and decision making under Part V of the Environmental Protection Act 1986. Other approvals may be required for the proposal, and it is the proponent’s responsibility to ensure they have all relevant approvals for their Premises.
2 Administrative summary
Administrative details
Application type
Works approval
New licence Licence amendment Works approval amendment
Activities that cause the premises to become prescribed premises
Category number(s) Assessed design capacity
58 75,000 tonnes per day
Application verified Application fee paid
Date:
Date:
Works Approval has been complied with Compliance Certificate received
Yes No N/A
Yes No N/A
Commercial-in-confidence claim Yes No
Commercial-in-confidence claim outcome
Is the proposal a Major Resource Project? Yes No Was the proposal referred to the Environmental
Protection Authority (EPA) under Part IV of the Environmental Protection Act 1986?
Yes No
Referral decision No:
Managed under Part V Assessed under Part IV Is the proposal subject to Ministerial Conditions? Yes No
Ministerial statement No: 681 EPA Report No: 989 and 1184
Environmental Protection Act 1986 Page 3 of 7 Is the Premises within an Environmental Protection Policy (EPP) Area Yes No
If Yes include details of which EPP(s) here.
Is the Premises subject to any EPP requirements? Yes No
If Yes, include details here, e.g. Site is subject to SO2 requirements of Kwinana EPP.
3 Executive summary of proposal and assessment
The Port of Bunbury (the Port) is located 180 kilometres south of Perth and is operated by Southern Ports Authority (SPA, formerly Bunbury Port Authority), who also operate ports in Albany and Esperance. The Port handles over 400 ships each year with total trade exceeding 15.6 million tonnes as reported in the 2013/2014 annual report.
The Bunbury Port consists of a shipping channel, a two berth outer harbour, five berth inner harbour, related storage facilities, conveying infrastructure and other industries. The outer harbour berth 1 and 2 is regulated by DER under licence L5775/1994/11.
This licence regulates activities associated with the loading/unloading and storage of bulk granular material for berths 5 and 8. Other prescribed activities occurring at the port such as woodchip operations at berth 3 and two alumina loading facilities at berth 4 and 6 are regulated through separate DER instruments held by the occupiers of these premises.
The bulk granular materials regulated at berth 5 under this licence are products loaded and/or unloaded using grab buckets and mobile harbour crane or ships crane to unload products using deck side hoppers which fill trucks for either removal offsite or transport to onsite storage sheds prior to transport offsite.
Berth 5 imports include urea, coal, ilmenite, leucoxene, mineral sands concentrate, petroleum coke and timber. Berth 5 exports include medium zircon feedstock (MZF), synthetic rutile, zircon, iron concentrate, grain, scrap metal and timber logs. Iron concentrate, medium zircon feedstock (MZF), synthetic rutile and zircon is loaded using rotating containers and the remainder of products are loaded/unloaded using grab buckets.
The bulk granular materials regulated at berth 8 under this licence are loaded from storage sheds by a series of closed conveyors to a ship loader using a cascade chute or telescopic chute attachment dependent upon the product being loaded. Berth 8 exports include silica sands, ilmenite, leucoxene, mineral sands rutile, synthetic rutile, zircon, spodumene, woodchips, copper concentrate and fuel oil. Copper concentrate is also exported from berth 8 using rotating
containers. Fuel oil product is transferred to vessels via an underground pipe over berth 8.
Some of the bulk granular products handled at the Port over berth 5 and 8 have not been historically regulated under the licence. These include grain, fertiliser and stockfeed. Livestock, scrap metal, timber and general cargo are also products where activities relating to these
commodities are subject to the conditions of this licence when they occur within the area that the conditions apply to.
The Port has a bulk granular product handling annual capacity of 16,000,000 tonnes per year which is largely dependent upon the limitation of the bulk product storage sheds and product transportation systems at berth 5 and 8. Berth 5 and 8 capacity has a nominal maximum shiploading throughput covered by this licence of 72,000 tonnes per day where 19,200 and 52,800 tonnes per day is shipped through berth 5 and 8 respectively.
The main emissions associated with the Port are copper, iron and coal dust from the handling of approximately 550,000 tonnes of concentrates per year, as well as discharges of those materials to the air, land and water surrounding the port facilities. There is a drainage system for the collection of stormwater and contaminated washwater at Berth 8. This system terminates in a wetland retention basin, constructed under the Port’s previous Environmental Improvement Plan.
Environmental Protection Act 1986 Page 4 of 7 receptor is the Preston River located within 55 metres of the Premises southern boundary.
Noise from the port precinct is also a concern and will be managed by periodic checking of the Port’s noise modelling to ensure compliance with the Environmental Protection (Noise)
Regulations 1987 and comprehensive complaints management strategies. The closest sensitive receptor to berth 5 is the residence located 580 metres away and identified as R3 of map on page 17 defining monitoring points in table 3.3.2, whilst the closest receptor for berth 8 is the residence located 2340 metres away and identified as R5 on the same map.
The Port has achieved ISO14001 certification and continues to meet its obligations by conducting air quality monitoring, noise modelling and monitoring, marine, estuarine and river sediment and water quality monitoring programs which the SPA regularly review.
A review has also been completed of the last five years of air quality monitoring from 2010 to 2015 and well as an internal compliance audit completed by SPA consultants. Other reviews included the SPA’s noise, waste, odour, air quality management plans and the surface water and sediment quality monitoring sampling and analysis plan of November 2014.
In 2009, following the review of Western Australian port facilities and shiploading operations, the following Licences for the Port required the completion of an Environmental Improvement Plan (EIP). These improvements included enclosing conveyors and transfer towers, drainage systems to redirect leachates away from harbour waters, upgrading infrastructure and intensified monitoring programs. The environmental improvements have now been completed and implemented therefore a review and reassessment of the Licence can now be completed. This licence has been reissued with minor administrative changes for a 1 year period to allow the reassessment to be completed. This licence will be amended to incorporate the reassessment of emissions and discharges after the completion of the EIP, within the period of this licence.
Environmental Protection Act 1986 Page 5 of 7 Licence: L6744/1996/12
Procedure on Assessing Emissions and Discharges from Prescribed Premises. Where other references have been used in making the decision they are detailed in the decision document.
DECISION TABLE Works
Approval / Licence section
Condition number
W = Works Approval L= Licence
Justification (including risk description & decision methodology where relevant)
Reference documents
General conditions
L1 to L6 The previous Licence conditions were reviewed and reworded to ensure clarity and enforceability. This interim licence is deemed adequate to address
emissions whilst the emissions and discharge assessment is completed.
Licence Duration
N/A This interim licence is proposed to be issued for a period of one year to allow sufficient evaluation and assessment of a new format licence.
N/A
Environmental Protection Act 1986 Page 6 of 7 Licence: L6744/1996/12
Date Event Comments received/Notes How comments were taken into
consideration 31/08/2015 Application advertised in the Western
Australian newspaper seeking submissions on 31 August 2015
No submissions received N/A
As referred to interested parties listed:
Department of Water City of Bunbury
No comments provided
25/9/2015 Proponent sent a copy of draft instrument.
No Comments provided N/A
Environmental Protection Act 1986 Page 7 of 7 Licence: L6744/1996/12
