Members of the public may also appeal the licence

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Sunbury Port Authority P.O. Box 4

SUNBURY WA 6231

Dear Sir/Madam

ENVIRONMENTAL PROTECTION ACT 1986- LICENCE L5775/1994/11 Outer Harbour - Berth 1

Lot 6000 on Plan 220672, Casuarina Drive, SUNBURY WA 6230 Licence Number L5775/1994/11

Your application for a licence under Part V of the Environmental Protection Act 1986 for the above premises has been issued subject to the attached conditions. Enclosed is your licence number L5775/1994/11.

If you are concerned about, or object to any of the conditions you may lodge an appeal with the Minister for the Environment within 21 days from the date on which this licence is received. The Office of the Appeals Convenor can be contacted on 6467 5190 to find out the procedure and fee.

Members of the public may also appeal the licence. The Appeals Registrar at the Office of the Appeals Convenor can be contacted after the closing date of appeals to check whether any appeals were received.

Under Section 58 of the Environmental Protection Act 1986, it is an offence to contravene a licence condition. This offence carries a penalty of up to $125,000, with a daily penalty of up to

$25,000.

If you have any questions relating to the licence or licence conditions, please contact Daniel Hartnup on 9725 4300

Yours sincerely

�� Andrew Griffiths ---

Acting RegiortaTManager Friday, 19 April 2013 enc: Licence L5775/1994/11

copy to: Local Government Authority: City of Sunbury

South West Region South West Highway, Bunbu1y WA 6230 Phone: 08 97254300 I Fax: 08 97254351 PO Box 1693, Bunbury, WA 623 I www.dec.wa.gov.au

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WESTERN AUSTRALIA

DEPARTMENT OF ENVIRONMENT AND CONSERVATION Environmental Protection Act 1986

LICENCE NUMBER: L577511994111 NAME OF OCCUPIER:

Sunbury Port Authority ADDRESS OF OCCUPIER:

54 Casurina Drive Sunbury WA 6230

NAME AND LOCATION OF PREMISES:

Outer Harbour - Berth 1

Lot 6000 on Plan 220672, Casuarina Drive SUNBURY WA 6230

(as depicted in Attachment 1)

LICENCE

Environmental Protection Regulations 1987 CLASSIFICATION(S) OF PREMISES:

Category 58: Bulk material loading or unloading

FILE NUMBER: 20111006771

COMMENCEMENT DATE OF LICENCE:

EXPIRY DATE OF LICENCE:

Wednesday, 1 May 2013 Monday, 30 April 2018

CONDITIONS OF LICENCE:

As described and attached:

DEFINITIONS

GENERAL CONDITION(S) 2

AIR POLLUTION CONTROL CONDITION(S) 1 MARINE POLLUTION CONTROL CONDITION(S) 1 ATTACHMENT(S) 2.

Officer delegated under Section 20 of the Environmental Protection Act 1986

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LICENCE NUMBER: L5775/1994/11 FILE NUMBER: 2011/006771

PREAMBLE Applicability

This licence is issued to the Sunbury Port Authority for the Sunbury Outer Harbour, which covers the loading and unloading of bulk materials at Berth 1. Bulk materials currently loaded through Berth 1 include Ilmenite and Zircon, scrap metal and methanol.

This facility is prescribed within Schedule 1 of the Environmental Protection Regulations 1987 as outlined in Table 1;

Table 1: Cateaorv under which Bunburv Outer Harbour Berth No 1 is orescribed.

Category number Category name Description

Premises on which clinker, coal, ore, ore concentrate or 58 Bulk material loading any other bulk granular material is loaded onto or

or unloading. unloaded from vessels by an open materials loading system.

DEFINITIONS

In these conditions of licence, unless inconsistent with the text or subject matter:

"Director" means Director, Environmental Regulation Division of the Department of

Environment and Conservation for and on behalf of the Chief Executive Officer as delegated under Section 20 of the Environmental Protection Act 1986;

"Director" or "Department of Environment and Conservation" for the purpose of correspondence means-

Regional Manager - South West Region Department of Environment and Conservation

P.O. Box 1693 Telephone: 9725 4300 SUNBURY WA 6231 Facsimile: 9725 4351 Email: [email protected];

"licensee" means Sunbury Port Authority;

"premises" means Lot 6000 on Plan 220672, Casuarina Drive, Sunbury (as depicted in Attachment 1 ).

GENERAL CONDITIONS MATERIAL HANDLING

G1 The licensee shall prevent the discharge of granular material into any waters during loading and unloading operations.

Licence issue date: Friday, 19 April 2013 Page 1 of 6

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WESTERN AUSTRALIA

DEPARTMENT OF ENVIRONMENT AND CONSERVATION Environmental Protection Act 1986

LICENCE NUMBER: L5775/1994/11 FILE NUMBER: 2011/006771 ANNUAL AUDIT COMPLIANCE REPORT

G2 The licensee shall by 1 April in each year, provide to the Director an annual audit compliance report in the form in Attachment 2 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 period beginning 1 January the previous year and ending on 31 December in that year.

AIR POLLUTION CONTROL CONDITIONS

A1(a) The licensee shall load and unload bulk material so as not to cause unreasonable interference with the comfortable enjoyment of life and property off-site, or with off

site commercial activities.

A 1 (b) The licensee shall take appropriate management measures while loading or unloading bulk materials to ensure that dust is not likely to cause or contribute towards environmental harm or pollution.

MARINE POLLUTION CONTROL CONDITIONS

M1 The Licensee shall prevent spillage of cargo on the berth from entering the waters within the premises boundary.

Officer delegated under Section 20 Of the Environmental Protection Act 1986 Date of Issue: Friday, 19 April 2013

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ATTACHMENT 2 -ANNUAL AUDIT COMPLIANCE REPORT LICENCE NUMBER: L5775/1994/11

SECTION A

LICENCE DETAILS Licence Number:

Company Name:

Trading as:

Reporting period:

FILE NUMBER: 2011/006771

Licence File Number:

ABN:

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 o Please proceed to Section C No o 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:

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DETAILS OF NON-COMPLIANCE WITH LICENCE CONDITION.

Pl ease use a seoara e oaae or eac t f h I' 1cence con df th t I ton a was not como 1e 1· d 'th ^WI a) Licence condition not comolied with?

b) Date(s) when the non comoliance occurred, if annlicable?

c) Was this non compliance reported to DEC?

D Yes D Reported to DEC verbally Date

-

D No D Reported to DEC in writing Date

d) Has DEC taken, or finalised anv action in relation to the non compliance?

e) Summarv of oarticulars of non comoliance, and what was the environmental imoact?

f) If relevant, the orecise location where the non comoliance occurred (attach mao or diaaram) al Cause of non comoliance

h) Action taken or that will be taken to mitioate anv adverse effects of the non compliance

i) Action taken or that will be taken to orevent recurrence of the non comoliance . .

Each page must be 1rnt1aled by the person(s) who signs Section C of this annual audit compliance report

INITIAL: ____ _

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ATTACHMENT 2-ANNUAL AUDIT COMPLIANCE REPORT

LICENCE NUMBER: L5775/1994/11 FILE NUMBER: 2011/006771

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 si1ined and certified:

0 by the individual licence holder, or

an individual 0 by a person approved in writing by the Chief Executive Officer of the Department of Environment and Conservation to sign on the licensee's behalf.

0 by the principal executive officer of the licensee; or A firm or other

unincorporated ⁰ by a person with authority to sign on the licensee's behalf who is approved in company writing by the Chief Executive Officer of the Department of Environment and

Conservation.

0 by affixing the common seal of the licensee in accordance with the Corporations Act 2001; or

0 by two directors of the licensee; or

0 by a director and a company secretary of the licensee, or

A corporation ⁰ if the licensee is a proprietary company that has a sole director who is also the sole company secretary - by that director, or

D by the principal executive officer of the licensee; or

0 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.

0 by the principal executive officer of the licensee; or

A public authority _D by a person with authority to sign on the licensee's behalf who is approved in ( other than a local writing by the Chief Executive Officer of the Department of Environment and

government) Conservation.

D by the chief executive officer of the licensee; or a local government

0 bv affixina the seal of the local aovernment.

It 1s an offence under sec/ion 112 of the Environmental Protection Act 1986 for a person to g,ve 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) ______ _ SIGNATURE:�--- NAME:(printed) ________ _ POSITION: __________ _ POSITION: __________ _ DATE:--�---�--- DATE:--�---�--- SEAL (if signing under seal)