Newlands Coal Project 2016 Annual Compliance report- EPBC 2011/5968 Effective: Owner: 3/03/2017 E&C Manager Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Table of Contents 1 Purpose ............................................................................................................................. 3 2 Approval Framework ........................................................................................................ 3 3 Environmental setting ...................................................................................................... 3 4 Compliance ..................................................................................................................... 10 5 Maintenance activities ................................................................................................... 21 Climate ..................................................................................................................................................21 Grazing ..................................................................................................................................................21 Pest/weed Management: ......................................................................................................................23 Significant Sightings/Findings: ..............................................................................................................23 6 Conclusion ...................................................................................................................... 23 Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 2 of 30 Newlands Report 1 Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Purpose The purpose of this Compliance Report is for Newlands Coal Project (NCP) to provide the Commonwealth Government with an update of compliance performance to Environment Protection & Biodiversity Conservation Act 1999 approval conditions - EPBC 2011/ 5968. Submission of this report to the Department of the Environment (DOTE) specifically meets Condition 28: 28). Within three months of every 12 month anniversary (18th December) of the commencement of the action, the approval holder must publish a report on its website addressing compliance with each of the conditions of this approval, including implementation of any plans, strategies or programs specified in the conditions. Documentary evidence providing proof of the date of publication and 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. The primary objective of EPBC (2011/ 5968) is to ensure Newlands Coal Extension Project, (NCEP) is being managed in a way that protects and maintains the regional biodiversity and its ecological health. This report provides an annual reconciliation of progress of NCEP and how it is being managed against each of the conditions in approval (2011/ 5968). 2 Approval Framework The approvals framework relevant to the NCEP includes: Commonwealth Approval 2011/ 5968. The following legislation is also relevant to the NCEP: Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999; and Queensland Nature Conservation (NC) Act 1992. The approvals and legislation listed above is detailed further below. NCEP Commonwealth approval 2011/ 5968 The NCEP approval details the specific requirements in how Newlands shall manage the NCEP in accordance with the EPBC Act. NCEP Biodiversity MNES Management Plan and Biodiversity Offsets Strategy These documents outline the management and enhancement measures required to be implemented within the NCEP mining leases to maintain the current biodiversity values of the site and meet the requirements of the EPBC Act Environmental Offsets Policy. EPBC Act The EPBC Act outlines what the Conservation Agreement should cover before the Minister enters into the agreement. 3 Environmental setting On the 18th of December, 2013, Newlands Coal was granted approval for the Newlands Coal Extension Project (NCEP), allowing further development of site’s thermal and coking coal resources in areas Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 3 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 adjacent to the existing Eastern Creek mining leases. Three new mining leases (ML10352, ML10361 and ML10362) were approved as part of the NCEP, encompassing an overall area of 11,674ha. As part of the Commonwealth approval, (2011/ 5968) obtained for the NCEP, management measures are undertaken to avoid, mitigate and manage impacts upon Threatened Ecological Communities (TECs), threatened species and habitats that occur or have the potential to occur within the NCEP mining leases. As described in the Commonwealth approval conditions 8-22, the NCEP will offset the residual impacts to EPBC listed communities by providing offsets which are located within the Approved Offset Areas. The Bio-diversity Offset Strategy and Management Plans were submitted within the compliance timeframe to the Federal Department of the Environment and are currently being implemented. Baseline fauna and flora assessment begun at the end of 2015 with the follow-up assessment completed in 2016 and scheduled for 2017 (summer and winter surveys will be conducted). These assessments are designed to meet the criteria stipulated in the relevant Bio-Diversity and MNES Management Plan (August 2014). The NCEP offset area is partially encompassed within a pre-existing offset area called Newlands Nature Refuge (NNR) (refer to Figure 3-1 and Figure 3-2). The remaining area required for compliance with EPBC Approvals for the NCEP (EPBC 2011/ 5968) has been identified to the east of the NCEP leases and a submission was made in January 2017 to protect the area under a Queensland Voluntary declaration Vegetation Management Act 1999 (Figure 3-4). This additional area has been approved in the Bio-diversity Offset Strategy and included in the latest NCP Biodiversity Offsets Management Plan The NNR was established during the Wollombi mine development approval process to offset the loss of 260 ha of remnant Brigalow woodland protected under the EPBC Act and provides advanced offsets for future mine extensions. The NNR was established over an area of 4,363 ha through a conversation agreement with the proponent and the Queensland government on 6 June 2007. Of this area 716 ha has been allocated as the Wollombi offset area. In accordance with its conservation agreement, the NNR is managed to conserve its significant natural and cultural resources including protection of: RE 11.3.1 (Acacia harpophylla and/or Casuarina cristata open forest on alluvial plains); RE 11.8.13 (Semi-evergreen vine thicket and microphyll/ notophyll rainforest on rises and low hills on Cainozoic igneous rocks); Re 11.9.5 (Acacia harpophylla and/or Casuarina cristata open forest on fine-grained sedimentary rocks); and RE 11.9.4 (Semi-evergreen vine thicket on Cainozoic fine-grained sedimentary rocks). In addition to the above endangered Regional Ecosystems, the NNR is also managed to conserve previously cleared areas of Brigalow woodlands and providing ideal habitat for the following rare and/ or threatened fauna species, all of which either exist or have the potential to exist in the NCEP area: Squatter Pigeon; Little Pied Bat; Brigalow Scaly-foot; and Red Goshawk Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 4 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Figure 3-1- Newlands Nature Refuge (Zone A & B) in relation to the Main Deposit and Eastern Creek mining leases (2016 aerial photo). Detailed NCEP offset areas are shown in Figure 3-2 and Figure 3-3 over page. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 5 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Figure 3-2- NCEP Approved Offset – Zone B area of the NNR Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 6 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Figure 3-3-Ground-truthed Regional Ecosystems including NCEP Proposed Disturbance Footprint Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 7 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Figure 3-4- Additional SEVT Offset Area – Eastern Ck Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 8 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Photo 3-1 Permanent SEVT monitoring Site TEC1. Photo taken 10/03/2016 Photo 3-2 Permanent Brigalow monitoring Site TEC3. Photo taken 10/03/2016 Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 9 of 30 Compliance 4 Condition Status NCP comment 1 The Minister may determine that a plan, strategy or program approved by the Queensland Government satisfies the requirement for a plan, strategy or program required under these conditions Compliant No response required. 2 The project area is the area designated as the ‘Project Area’ in Maps 1 and 2 at Annexure A and is contained within the mine lease (ML) ML10352, ML10361 and ML10362 with a combined area of 11,674 hectares. Compliant No response required (as shown in Figure 4-1). 3 For the purpose of the action, the approval holder must not clear outside the project area. Compliant As shown in Figure 4-2, during 2016 no land disturbance occurred outside of the NCEP mining leases (Project Area). 4 Within 3 months of each 12 month anniversary of the commencement of the action the approval holder must publish a report and maps verifying compliance with Condition 3 on its website until the expiry date of approval Compliant This Compliance Report includes maps and data to meets this condition and will be published on the Glencore website for public viewing at http://www.glencore.com.au/EN/who-weare/newlands/Pages/default.aspx prior to the 18th of March. The 2014 Compliance report was published on the 09/02/2015 and the 2015 Compliance report was published on 15/03/2016 which are both within three months of the Approval’s 12 month anniversary (18 December). 5 The approval holder must notify the Department of the information being published on its website, and provide the Department with of a copy of this information, within 1 week of the information being placed on its website Compliant Emailed confirmation of this report (03/03/2017) provides notification to the Department within 1 week of the document going out for public viewing. This information was published in accordance with Condition 4 (above) 6 The approval holder must not cause or allow disturbance of the habitat of any EPBC Act listed species or any EPBC Act listed communities as a result of exploration, construction, operation and decommissioning of the mine and associated infrastructure within the project area (i.e. they are ‘whole of project’ disturbance limits) for the duration of project approval above the maximum disturbance limits stated in Table 1. Compliant This report, submitted in accordance with Conditions 4 and 5, shows compliance to this condition. Table 1 categorises the Threatened Ecological Communities (TEC) that were disturbed during 2016. Table 1: Maximum Disturbance limits for EPBC Act listed communities and habitat of EPBC Act listed species Species Threatened species Maximum disturbance from Mine activities Maximum disturbance from Subsidence impacts A cumulative total of 367.05 hectares has been disturbed/ cleared to date. In 2016, a total of ha 69.01 ha was cleared. A breakdown is shown below in Table 2. Of the Qld State Govt defined REs that were disturbed through mining activity, only two were listed under the EPBC Act as TEC’s. They were: RE11.9.5 Acacia harpophylla and/ or Casuarina cristata open forest on fine-grained sedimentary rocks (a total of 30.29 ha disturbed); and Newlands Report Squatter Pigeon 546 hectares Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 RE11.9.4a Semi-evergreen vine thicket on fine-grained sedimentary rocks (a total of 3.64 Ha disturbed). All figures recorded in this report were obtained through ground surveys, obtained by trained and competent surveyors. Table 2: Vegetation Disturbance Tracking NA Threatened ecological communities Brigalow (Acacia harpophylla dominant and co-dominant) 204 hectares 19 hectares Natural Grasslands of the Queensland Central Highlands and the northern Fitzroy Basin 0 hectares 0 hectares Semi-evergreen vine thickets of the Brigalow Belt (North and South) and Nandewar Bioregions (SEVT) 57 hectares 1 hectare Note 1: Table 1 is derived from information provided in the SEIS (Xstrata 2013), and the Department of Environment and Heritage Protection’s assessment report (Qld Government 2013) with rounding to the nearest hectare applied. 7 If disturbance limits set in Table 1 are predicted to be exceeded, the approval holder must: contact the Department in writing before reaching any disturbance limit in Table 1 and provide the actual area of disturbance in hectares for each EPBC Act listed species and/or EPBC Act listed community that has already occurred and the revised predicted area of disturbance; request and provide detailed justification for a new maximum disturbance limit; propose a new offset requirement that addresses the new maximum disturbance limits, in accordance with the EPBC Act Offsets Policy for each EPBC Act listed species and/or EPBC Act listed community, including a timeframe for implementing these offsets. The proposed offset must be approved by the Minister in writing before the approval holder reaches the disturbance limit in Table 1. not exceed the disturbance limit in Table 1 unless and until a new disturbance limit and a timeframe for implementing these offsets have been approved by the Minister in writing. Compliant Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet RE ID Number 11.9.5 11.9.4a RE Description Acacia harpophylla and/ or Casuarina cristata open forest on finegrained sedimentary rocks Semi-evergreen vine thicket on fine-grain sedimentary rocks Status Endangered Endangered Disturbance in 2016 2.79 0.03 Total disturbance ML10352 (Ha) 30.29 3.67 Disturbance undertaken aligns with Table 2 and there is no requirement in the foreseeable future to go beyond the forecast disturbance (Table 2) at NCEP. Effective: 3/03/2017 Page 11 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 8 Except as allowed under condition 7, if disturbance limits set in Table 1 are exceeded, as this is a breach of the conditions, the approval holder must: contact the Department in writing within 24 hours providing details of the actual area of disturbance in hectares for each EPBC Act listed species and/or EPBC Act listed community that has occurred and how the unplanned disturbance arose; cease any work which could result in further disturbance cause by mining unless and until the Minister approves new disturbance limits in writing; for each EPBC Act listed species and ecological community affected, propose a new disturbance limit; and propose a new offset requirement that addresses the new maximum disturbance limits, in accordance with the EPBC Act Offsets Policy for each EPBC Act listed species and/or EPBC Act listed community, including a timeframe for implementing these offsets. Compliant As per Condition 7. 9 Except as allowed under condition 7, if disturbance limits set in Table 1 are exceeded the Minister may require additional direct or indirect offsets for any additional disturbance to habitat for EPBC Act listed threatened species or communities Compliant As per Condition 7. 10 Within 6 months of commencement, the approval holder must submit, in writing, a MNES Management Plan (MMP) for the approval of the Minister which describes the measures to be undertaken for the ongoing protection and long term conservation of EPBC Act listed species and communities within the project area. The approval holder must implement the MMP approved by the Minister no later than 12 months from the date of approval of the project. Compliant An extension to the implementation date was granted by DOTE (Shane Gaddes) on 17/12/2014 – the NCEP MNES Management Plan (MMP) was submitted prior to the amended date of implementation on 1/5/2015. Approval granted as per letter dated 30 September, 2015 (appendix C). 11 The MMP must include: a description of the EPBC Act listed communities and habitat of EPBC Act listed species to be impacted, including area in hectares, habitat quality and features, and maps showing its location, extent and quality; measures that will be undertaken to avoid, mitigate and manage impacts resulting from the action. These measures must include: where relevant, measures contained in relevant guidelines, policies and plans (such as recovery plans) specifically for each species and/or community affected by the proposed action; fauna spotters must be used prior to and during all clearing activities where impacts on EPBC Act listed species and communities are likely (EPBC Act listed fauna species must be removed and relocated to adjacent suitable habitat unless this is not possible due to stress or injury); measures to prevent stress, injury and mortality of EPBC Act listed fauna species during and arising from construction and mine operations; Compliant As per Condition 10. The MMP submitted to DOTE describes the impacted EPBC Act listed communities and species habitat of the project area. This includes the area in hectares, habitat quality and features, and maps showing the location, extent and ecological quality Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Additionally, the MMP outlines the mitigative measures that will be undertaken to avoid and manage the impacts resultant from mining activity, including post-rehabilitation. Tools include relevant guidelines, policies and plans, (e.g. Glencore’s Ground Disturbance Permit; NCP Rehabilitation Management Plan) and the deployment of fauna/ flora spotters prior to commencing vegetation clearing. Effective: 3/03/2017 Page 12 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 measures to allow fauna to escape from pits, trenches and walled and bunded enclosures; measures to determine whether EPBC Act listed fauna species that are injured or stressed should be rehabilitated or euthanized, and if an EPBC Act listed species dies, measures to determine whether and how its bodies should be made available for scientific research; and measures to report on the occurrence, circumstances and outcomes for casualties that are EPBC Act listed fauna species. measures to rehabilitate areas of MNES and or habitat disturbed during construction and operation where this is practicable, including an environmental risk assessment of both open final void and backfilling options for open cut mining, including justification for the preferred option that demonstrates there are no unacceptable impacts on MNES; measures that will be undertaken to avoid, mitigate and manage impacts to EPBC listed species and communities resulting from the action as a result of the presence of weed and pest species. These measures must include the management of environmental weed and pest species in retained vegetation within the project area, in particular where a threat abatement plan is relevant; a monitoring program to determine the success of mitigation and management measures. The monitoring program must; clearly set out performance indicators or criteria for assessing the success of management measures; measure the success of the management measures against stated performance criteria as applied to the project area; include monitoring parameters, frequencies, triggers, corrective actions, timing and scope for the duration of project approval; and include ongoing monitoring for the presence of MNES, including the Northern Quoll. outline how milestones and compliance will be reported. 12 Where EPBC Act listed species and communities share similar habitat and management requirements, the requirements of condition 13 for these EPBC Act listed species and communities may be addressed together as component of the MMP. Compliant As stated in the MMP. Monitoring for these species has commenced across Offset and MNES areas. 13 Where an EPBC Act listed community or habitat for an EPBC Act listed species not previously identified and reported to the Department is found in the project area, the approval holder must notify the Department in writing within 10 business days of verifying the presence of this community or habitat, and within 20 business days outline in writing how these conditions of approval will be met. Compliant No findings for the reporting period. Nothing reported throughout Fauna Spotter/Relocation activities to date. Not applicable at this point. 14 The approval holder must publish (for the duration of the approval) the MMP on its website within 10 business days from the day of receiving the Minister’s approval of the MMP in writing. Compliant On the 16/04/2015, Newlands published the MNES management Plan on the Glencore website for public viewing. This was achieved Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 13 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 within the agreed timeframe outlined in Condition 10. The report can be found on the following link: http://www.glencore.com.au/EN/who-weare/newlands/Pages/default.aspx 15 Within 6 months of commencement, the approval holder must submit, in writing, a Biodiversity Offset Strategy to compensate for any authorised unavoidable impacts on MNES (see Table 1), for the approval of the Minister. The approval holder must implement the Biodiversity Offset Strategy approved by the Minister no later than 12 months from the date of commencement. Compliant It has been determined that a Biodiversity Offset Strategy is required for the NCEP area. An extension to the implementation date was granted by DOTE (Shane Gaddes) on 17/12/2014 – the NCEP Biodiversity Offset Strategy (BDOS) was submitted prior to the amended date of implementation on 1/5/2015. Approval granted as per letter dated 30 September, 2015 (Appendix C) 16 All offsets must be secured under relevant Queensland legislation within 3 years of commencement Compliant An extension to this condition was formally requested on the 16th of December 2016. The majority of the required area is within the NNR which was secured through a conversation agreement with the proponent and the Queensland government on 6 June 2007. The additional SEVT area required will be secured under a voluntary declaration under the Vegetation Management Act 1999. This has been submitted to the Queensland government for approval. 17 The Biodiversity Offset Strategy must provide details of the proposed offset areas including maps and site descriptions, environmental values relevant to MNES, amounts of habitat for each MNES (in hectares), connectivity with other habitat and biodiversity corridors. Compliant As per Condition 15 18 The following table specifies the minimum offsets which the approval holder must secure for unavoidable authorised disturbance to EPBC Act listed threatened species and communities in respect of maximum disturbance from mine activities impacts estimated in Table 1: Table 3: Offsets required for EPBC Act listed threatened fauna species and communities Compliant As per Condition 15. included in the BDOS Species Required offset Squatter Pigeon 982 hectares of habitat Brigalow 480 hectares SEVT 152 hectares Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Table 3 below outlines the Offset areas Page 14 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Note 2: Offsets for some species may be accommodated within ecological communities or overlap State approval requirements or other species habitat requirements, as long as they meet the requirements of these conditions of approval in respect of each individual species being offset. 19 Within 6 months of commencement, the approval holder must submit, in writing, a Biodiversity Offset Management Plan for the approval of the Minister which describes the measures to be undertaken for the ongoing protection and long term conservation of EPBC Act listed species and communities within the approved offset area. The approval holder must implement the Biodiversity Offset Management Plan approved by the Minister no later than 12 months from the date of commencement. Compliant An extension to the implementation date was granted by DOTE (Shane Gaddes) on 17/12/2014 – The Biodiversity Offset Management Plan was submitted prior to the amended date of implementation on 1/5/2015 Approval granted as per letter dated 30 September, 2015 (Appendix C). 20 The Offset Management Plan must include: a summary of the approved Newlands Coal Extension Project Biodiversity Offset Strategy; a detailed survey, complying with relevant survey guidelines, and description of the condition of the offset area prior to any management activities, including existing MNES habitat and vegetation which has the potential to be restored or improved (the baseline condition). This must be accompanied with the offset attributes and a shapefile; a description of the potential risks to the successful implementation of the Offset Management Plan, and include a description of the contingency measures that would be implemented to mitigate against these risks; management measures for MNES and MNES habitat identified within the Biodiversity Offset Strategy with written evidence of input from a suitably qualified expert who has relevant expertise in the management of native vegetation of the Bowen Basin; a monitoring program for the offset site/s. The monitoring program must: clearly set out performance indicators; detail how the success of the management measures against stated performance criteria will be measured; include monitoring parameters, frequencies, triggers, corrective actions, timing and scope for the duration of project approval; and include periodic ground photography (from defined photo points) and aerial/satellite imagery suitable for indicating the condition of the site/s. an outline of how milestones and compliance will be reported on; and details of who would be undertaking monitoring, reviewing and implementing the Offset Management Plan (if this person is not the approval holder). Compliant As per Condition 19. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 15 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 21 The suitably qualified expert in condition 0(d) must be a person who has been approved as such by the Minister in writing prior to approval holder submitting the Offset Management Plan to the Minister for approval Compliant The Biodiversity Offset Management Plan was compiled by Kellogg Brown & Root Pty Ltd, an environmental consultancy company employed by Newlands Coal, who has been approved by the Minister as a suitably qualified expert (refer to letter of authorisation (in Appendix B). 22 The Offset Management Plan must include a written, commitment from the approval holder, supported by relevant data and calculations that demonstrate that the offset areas required in Table 2 meet the requirements of the EPBC Act Offsets Policy. Compliant As per Condition 19. 23 The approval holder must provide a copy of the Water Management Plan as approved by the Queensland Department of Environment and Heritage Protection, to the Minister. Where the Water Management Plan is updated, these updates must also be provided to the Minister. Compliant Newlands Coal has provided the Minister with a copy of its Water Management Plan, as accepted by the Department of Environment & Heritage Protection (DEHP) during the EIS process 24 The approval holder must contribute validated ground and surface water data, as requested by the Minister, to inform relevant Queensland Regional Groundwater and Surface Water Monitoring and Assessment Program and relevant bioregional assessments Compliant Newlands coal has not received any requests from the Minister to provide validated groundwater data. All data has been provided to DEHP through the WaTERS compliance data base 25 Within 30 calendar days after the commencement of the action, the approval holder must advise the Department in writing of the actual date of commencement. Compliant Refer to Appendix A 26 The approval holder must notify the Department in writing of non-compliance with any condition of this approval as soon as practical and within no later than two business days of becoming aware of the non-compliance. The notice provided to the Department under this condition must specify: The condition which the approval holder has potentially breached; The nature of the non-compliance; When and how the approval holder became aware of the non-compliance; How the non-compliance will affect the approved action; How the non-compliance will affect the anticipated impacts of the approved action, in particular how the non-compliance will affect the impacts of the MNES; The measures the approval holder will take to address the impacts of the noncompliance on the MNES and rectify the non-compliance; and The time by when the approval holder will rectify the non-compliance. Compliant Not applicable at this point. 27 The approval holder must maintain accurate records substantiating all activities associated with or relevant to the conditions of approval, including measures taken to implement the plans, strategies or programs 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, Compliant Refer to Appendix A. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 16 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 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. 28 Within three months of every 12 month anniversary of the commencement of the action, the approval holder must publish a report on its website addressing compliance with each of the conditions of this approval, including implementation of any plans, strategies or programs as specified in the conditions. Documentary evidence providing proof of the date of publication and 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. Compliant This report meets the intent of this condition. 29 Upon the direction of the Minister, the approval holder 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 Compliant Not applicable at this point. 30 If the approval holder wishes to carry out any activity otherwise than in accordance with a plan, strategy or program as specified in the conditions, the approval holder must submit to the Department for the Minister’s written approval a revised version of that plan, strategy or program. The varied activity must not commence until the Minister has approved the varied plan, strategy or program in writing. The Minister will not approve a varied plan, strategy or program unless the revised plan, strategy or program would result in an equivalent or improved environmental outcome over time. If the Minister approves the revised plan, strategy or program, that plan, strategy or program must be implemented in place of the plan, strategy or program originally approved. Compliant Not applicable at this point. 31 If the Minister believes that it is necessary or convenient for the better protection of EPBC Act listed species or communities or a water resource to do so, the Minister may request that the approval holder make specified revisions to a plan, strategy or program specified in the conditions and submit the revised plan, strategy or program for the Minister’s written approval. The approval holder must comply with any such request. The revised approved plan, strategy or program must be implemented. Unless the Minister has approved the revised plan, strategy or program, then the approval holder must continue to implement the plan, strategy or program originally approved, as specified in the conditions. Compliant Not applicable at this point. 32 If, at any time after five years from the date of this approval, the approval holder has not substantially commenced the action, then the approval holder must not substantially commence the action without the written agreement of the Minister Compliant Action commenced on the 18th December 2013 refer to condition 25. 33 Unless otherwise agreed to in writing by the Minister, the approval holder must publish all plans, strategies or programs referred to in these conditions of approval on its Compliant As per conditions 4 and 14. Any new documents will be posted within one month of approval Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 17 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 website. Each plan, strategy or program must be published on the website within 1 month of being approved (unless otherwise specified in these conditions) and remain on the website for the duration of project approval. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 18 of 30 Figure 4-1 NCEP Mining Leases Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Figure 4-2 Land Disturbance to date (up to 31/12/2016) within the NCEP mining leases. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 20 of 30 Newlands Report 5 Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Maintenance activities Climate Historical rainfall at Newlands is based on the Byerwen Station 50 year average (647mm). Current methodology for measuring rainfall is measured through three rain gauges at Main Deposit and the mean values are recorded daily to obtain the recorded site value. 2016 was fairly dry in seasonal terms with only a third of the expected rainfall occurring in January and below average rain fall occurring in March, April and May. June and July however were significantly wetter than average with more than three times the expected winter rain bringing the recorded rain fall fairly close to average by the end of the year. Grazing There was no widespread grazing within the assigned Offset areas during 2016. Apart from the occasional stray animal, there was no observed pasture damage across all offset areas. Pasture grasses (including native species) were evident and good seed replenishment was observed after the previous wet season (refer to photos 5-1, 5-2 and 5-3). Flora survey transects are currently being monitored and at the time of writing this report, data was not available. Preliminary inspections show that the offset is in overall good health. This assessment is supported by the amount of seed, standing height of the grass (0.4 – 0.7m) and ground cover typically well above 70% right across all areas. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 21 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Photo 5-1 Pasture growth April 2016. (Quadrat 6) Photo 5-2 Blue and black spear grass observed at Quadrat 1 April 2016. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 22 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Photo 5-3 King Bluegrass (Dichanthium sericeum) in Zone B area of NNR (King Blue-grass site two (15/02/2016) Pest/weed Management: There has been ongoing feral animal control activities undertaken throughout the reporting period; within the offset areas and the surrounding portions of land. Feral pigs, dogs and cats were removed during 2016. There was minimal damage evident on native fauna and flora. Weed management is also an ongoing project both inside the offset and in surrounding land. Rubber vine Cryptostegia grandiflora was controlled at the Eastern Creek Offset area (SEVT) in late 2016. There are existing populations within the riparian area of Eastern Creek and a structured program has commenced to address this as a priority. Significant Sightings/Findings: No new significant/listed species were identified within the offset or MNES areas, during the reporting period. 6 Conclusion In summary, there have been no recorded or identified non-compliances to date; under EPBC 2011/5968. Management plans and strategies pertaining to the NCEP have been submitted to the Government and uploaded onto the Glencore Website for public access as required by the approval. In order to validate Newlands management practices within the NCEP, progressive fauna and flora surveys have commenced and will continue during 2017. The purpose of these surveys will be to assess the overall condition of the assigned areas and success of localised fauna and flora, specifically those listed through the approval process and associated Management Plans e.g. remnant Brigalow, SEVT, Squatter Pigeons, etc. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 23 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 A Year 1 report has been compiled including all survey data for the 2015/2016 monitoring period. Data collection has begun for the 2016/2017 report and these along with any other reports required under the EPBC approval will be made available to the Government upon request. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 24 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 A.1 Written notification of NCEP commencement. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 25 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 A.2 Written Notification - Approval of Qualified Ecologists. Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 26 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 27 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 A.3 Written acceptance of document acceptance Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 28 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 A.4 Formal request for extension to Condition 16 Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 29 of 30 Newlands Report Newlands Coal Project 2016 Annual Compliance reportEPBC 2011/5968 Number: NC-HSEC-STD-00xx Status: Draft Owner: E&C Manager Version: 2017-V1 Uncontrolled unless viewed on the intranet Effective: 3/03/2017 Page 30 of 30
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