Splitters Creek Permit Conditions - Compliance Status Report

Below are the Permit Conditions for the use and development of Lots 1 and Lots 2 and the Crown Land between the minesite and the proposed Splitters Creek Evaporative Facility.

It should be noted that Lot 1 and the Crown Land referred to as Subject Land in the VCAT Decision regarding this incremental expansion of the mine seem to have been overlooked by the DSDBI and COGB.

We shall be making note and comments of the relative status of each of  these conditions as (or IF, given the silent treatment we are receiving from the regulators) the information becomes available.

This table has been compiled from the obviously hastily cobbled and seriously flawed Planning Permit issued by City of Greater Bendigo Council. The typographical errors and botched numbering are testament to the rush with which the process took place. It is a very amateurishly-produced document considering its importance to the Bendigo community as a whole, and the fact that it is supposed represent the care and attention of the regulators and the Responsible Authority.

Those conditions and clauses in red are yet to be complied with, or their compliance (or otherwise) status has not been made available to the Public.
Those conditions and clauses highlighted yellow have already been broken or are incapable of being complied with.

Condition			Comment
1. Before the use or development starts, amended plans must be submitted to and approved by the responsible authority (save that the submission and approval of the vegetation offset plan referred to in condition 1(t) below may be delayed in accordance with condition 12(b)). Such plans are to be drawn to scale with (so far as necessary to satisfy the responsible authority) dimensions and three copies are to be submitted. When approved the plans will be endorsed as evidence of their approval and will thereby become the endorsed plans in relation to this permit. The plans are to generally accord with the draft Work Plan dated 12 June 2012 but amended to show:
	a. A schedule setting out a program for dust monitoring;		This schedule is still to be made available to the Public.
	b. A schedule setting out specifications for ongoing monitoring of domestic water supplies and farm dams on adjacent properties;		This schedule is still to be made available to the Public.
	c. A schedule setting out a regime for weekly physical inspections of the pipeline along its entire route;		This schedule is still to be made available to the Public.
	d. Design specifications for the pipeline;
	e. Design specifications for the evaporation facility including evaporation ponds and the storage dam, their depths, means of receiving water and discharging water, their banks including their heights, batters and overflow facilities plus drains around the evaporation facility including their depths, banks and batters.
	f. The height, location and extent of the earth bank to be provided within and parallel to the southern boundary of lots 1 and 2;
	g. The location of top soil stockpiles and any other stockpiles of material to be stored on lot 1 or lot 2 depending rehabilitation;
	h. Dimensions, specifications and location of a perimeter chain mesh security fence to surround the evaporation terraces and storage dam;
	i. Four off- road parking bays;
	j. Specifications for and location of the alternative energy power source as required by Condition 17;
	k. The location of the access gate for lot 2 in the south-west corner;
	l. The location and extent of the High Density Poly Ethylene with a minimum thickness of 1 mm to be installed in relation to the storage dam with consequential deletion of the rock beaching for the storage dam;
	m. A landscape plan for all proposed landscaping on or in relation to lots 1 and 2 including on the bund to be construction on those lots north of and parallel to the South Costerfield-Graytown Road, between that bund and the road reserve and along the northern boundary of lot 2 abutting 1444 Heathcote Nagambie Road and in relation to all topsoil and other stockpiles;
	n. A written quantitative water balance to demonstrate that the storage dam will be adequately sized and whether an emergency spill away or overflow dam is required for normal operations, (if in an emergency spill away or overflow dam is not used the storage dam is to be designed to store the inputs of a 1x10-4 annual exceedance probability for a 72 hour rainfall event so as to maintain a minimum additional free board of 0.6 metres);		This water balance is still to be made available to the Public. A complete water balance from this site has been requested by the ERC for years and has never been forthcoming.
	o. A schedule setting and out an ongoing scheme for sampling and monitoring surface water in Splitters Creek with samples to be taken when the stream is flowing;		This schedule is still to be made available to the Public.
	p. Procedures for the management of evaporation ponds and the storage dam to ensure that they remain covered with water and as to how they can be safely decommissioned in the event that there is a reduction, modification or cessation of mining activity so as to reduce water available to the evaporation facility;
	q. A specification of the minimum depths of water to be maintained at all times until decommissioning of the evaporation ponds and the storage dam;
	r. A construction management plan to include measures to be taken to minimise the generation and export of sediment, dust and other pollutants;		This plan is still to be made available to the Public.
	s. A rehabilitation plan to be implemented upon the cessation of the use such plan to be prepared by suitably qualified engineer to include:		This plan is still to be made available to the Public.
		i. measures to securely contain any residue sediments, the capping of redundant works, measures to prevent the erosion of such cap and to provide a stable land form to enable the land to be returned to approved or committed uses,
		ii. specification of approved future uses of the land, and
		iii. a provision stating that earth works are not to be carried out in conditions that are so dry as to generate unreasonable dust nuisances; and
	t. A vegetation offset plan in accordance with condition 12.
2. The endorsed plans in relation to this permit are not to be amended except with the written consent of the responsible authority.
3. The development authorised by this permit is to be carried out in accordance with the endorsed plans and the use and development hereby permitted is to be maintained (to the satisfaction of the responsible authority) in accordance with the endorsed plans.			This condition has been beached as tthe mine has commenced works without the results of dust monitoring conducted "prior to" as per condition 7b(i).
4. Landscaping in accordance with the endorsed plan is to be established and maintained to the satisfaction of the responsible authority.
5. Once the pipeline has been constructed and ground water has been introduced into it, the entire pipeline is to be physically inspected once in each week to the satisfaction of the responsible authority so long as there is any water in any part of the pipeline.
6. Prior to the commencement of construction work an authorised environmental auditor appointed under the Environment Protection Act 1970 (hereafter in these conditions called environmental auditor) is to be engaged at no cost to the responsible authority to carry out the functions attributed the Environmental Auditor in the conditions of this permit.
7a. Prior to commencement of works a written certificate of the environmental auditor is to be presented to the responsible authority. Such certificate is to certify that the environmental auditor has seen and assessed plans and specifications identified in the certificate in relation to the works authorised by this permit and that such works, if properly constructed and carried out in accordance with such plans and specifications will:
	i. achieve satisfactory containment and control of all ground water from the mine in relation to its transport to and evaporation in the evaporation facilities authorised by this permit;
	ii. will retain its intended operation and standards in a 1 in 1000 year rainfall event; and
	iii. will satisfy clay liners requirements for the terrace evaporation ponds and that the storage dam to a degree of impermeability of 1 x 10-9 m/s; and
	iv. that the design of the works including slopes, spillways, batters and materials used (including in relation to surrounding catch drains) are sufficient.
7b. The certificate is to include or refer to a monitoring plan to specify monitoring:
	i. prior to and during the construction of works, on commencement of operations of the evaporation facilities and ongoing,		This condition cannot have been fulfilled because the dust monitoring equipment is yet to be installed
	ii. in relation to the integrity of the pipeline, evaporation ponds and storage dam, the accuracy of the pipeline leakage control system and the possible escape to surrounding groundwater of the contents of evaporation ponds and storage dam,
	iii. of the ongoing quality of surface water in relation to the land and nearby properties (including the larger of the two stock watering dams on the farm on the opposite side of the South Costerfield-Graytown Road) opposite the evaporation works and Splitters Creek,
	iv. pre-operational tests of both surface and ground water for future comparison purposes,		This condition cannot have been fulfilled because residents are still to submit to surface and groundwater testing
	v. of the location and specification of ground water bores needed for monitoring purposes,
8. The environmental auditor is to be retained to oversee construction works and the certify that such works had been carried out with the appropriate materials and work quality in accordance with the requirements of the endorsed plans and the plans and specification referred to in the environmental auditor’s certificate previously mentioned in condition 7, such second certificate to include a statement that the facility is fit for its purpose.			The Environmental Auditor has not been announced to the Public.
9. Monitoring results and outcomes are to be reported to the responsible authority in the third month of each quarter on the basis that the first quarter of each year commences on the first of January of that year.			This condition cannot have been fulfilled because the dust monitoring equipment is yet to be installed
10. All construction and ongoing activities must, to the satisfaction of the responsible authority, accord with the sediment control principals outlined in “Construction Techniques and Sediment Pollution Control” 1991 and the “Environment Guidelines for Major Construction sites” 1996 published by the Victorian Environmental Protection Authority.
11. The storage dam and evaporation ponds must be operated so as to maintain a minimum level of water or otherwise so as to prevent the banks drying out and cracking.
12a. A vegetation removal offset plan is to be submitted to and approved by the responsible authority to offset the removal of seven native vegetation trees of Grassy Woodland Ecological Vegetation Class (EVC) of medium conservation significance approved for removal by this permit. The following is to be provided for:
	i. the protection and management of conservation purposes of seven native vegetation trees of 40 cm or more diameter at breast height of Grassy Woodland EVC of medium conservation significance, and
	ii. the planting and protecting of 55 trees of Grassy Woodland EVC or an alternative to the satisfaction of the responsible authority.
12b. The required offset is to be provided within 12 months of vegetation removal and the owner and/or operator must:
	i. provide to the responsible authority and Allocated Credit Extract issued by the Department of Environment and Primary Industries Native Vegetation Credit Register indicating that the offset requirements have been satisfied; or
	ii. have an offset plan that has been submitted to and approved by the responsible authority and endorsed by the responsible authority as evidence of its approval.
12c. The offset plan must include:
	i. A description of the site, including a site plan, where the offset will be provided: and
	ii. A schedule of the works required to achieve the offset over a 10 year period, detailing the:
		- management actions to be performed including fencing, weed control, pest control, vegetation;
		- person(s) responsible for implementing the specified management actions;
		- timeline for the implementation of the management actions
		- method by which the management actions will be undertaken; and
		- standard to which the management actions will be undertaken.
13. Within 12 months of the vegetation removal, performance of the offset plan must be secured by the entering of an agreement pursuant to section 173 of the Planning and Environment Act 1987 and the registering thereof on the title to the privately owned portion of the land or by other means to the satisfaction of the responsible authority.
14. Before construction can commence, the owner and/or operator must submit the following to the satisfaction of the responsible authority:
	a. The results of an Emerson dispersive test by a laboratory accredited by the National Association of Testing Authorities (NATA) demonstrating that the clay to be used in lining the ponds and storage dam will not be compromised by the saline nature of the ground water; and		This test has yet to be performed, or if it has, the results are still to be made available to the Public.
	b. The results of geotechnical testing by a laboratory accredited by the National Association of Testing Authorities (NATA) to show that the clay to be used in living the ponds and storage dam is capable of achieving the maximum seepage rate allowed under this permit.		This testing has yet to be performed, or if it has, the results are still to be made available to the Public.
15. The design and construction of the clay liners of the terrace evaporation ponds and the storage dam must comply with the following:			This condition cannot have been fulfilled without the results from the testing referred to in condition 14.
	a. The terrace clay liner must be a minimum of 400 mm thick with a permeability of not more than 1x10-9 m/s;
	b. The storage dam clay liner must be a minimum of 600 mm thick with a permeability of not more than 1x10-9 m/s; and
	c. The clay liner of the upstream (uphill) wall of the storage dam below ground level must be not less than 2000 mm thick with a permeability of not more than 1x10-9 m/s.
16. Before the use can commence a certificate from the environmental auditor must be submitted to the responsible authority certifying that the clay liners applied to all evaporation ponds and the storage dam have been constructed to the required thickness and have achieved the required permeability rates on a consistent basis across the evaporation facilities.
17a. The clay liner(s) must be kept covered by water at all times to ensure it does not dry and crack and to prevent dust emissions from the site.
17b. The owner and/or operator must at all times have access to an alternative power source, such as a generator, to operate the pumps in the event of a power failure.
18. Except with the written consent of the responsible authority the evaporation facility approved by this permit must only be used for the evaporation and storage of ground water in accordance with this permit including any plans and specifications approved under it.
19a. A record, to the satisfaction of the responsible authority, must be kept of all exceedances and unexpected results of monitoring including dates, duration, cause and remedial action taken with such records to be available to the responsible authority and the environmental auditor at any time upon request and on the basis that the responsible authority can provide copies thereof to other authorities (including the Department of State Development, Business and Innovation) or the Costerfield Environment Review Committee.			This condition has already been breached because, despite the fact that dust generating works have commenced at the site no dust monitoring equipment has been installed.  The mine has once again been allowed to emit unregulated and unmonitored dust.
19b. Within three months of the anniversary of the commencement of operation of the evaporation facility an annual report detailing the results of monitoring is to be submitted to the responsible authority and the environmental auditor for review and comment to the responsible authority.
20. The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality by reason of the processes carried on; the transportation of materials, goods or commodities to or from the subject land; the appearance of any buildings, works or materials; the emission of noise, artificial light, vibration, smell, fumes, smoke vapour, steam, soot, ash, dust, waste water, waste products, grit, or oil; the presence of vermin, or otherwise.
21. No evaporative spraying can be deployed on the subject site.
22. The pipeline and evaporation facility must be maintained in good order to the satisfaction of the responsible authority, including the irrigation of landscaped areas and the monitoring of landscape vegetation and replacement of landscape vegetation as needed to maintain the landscaped areas as shown in the endorsed plan.
23. An independent evaluation of the structural integrity of the pipeline and pipeline leakage control system by an appropriately qualified and experienced person (who is to be to the satisfaction of the responsible authority) is to be undertaken every five years from the date of commissioning at the operator’s expense and to the satisfaction of the responsible authority. That the report arising from this evaluation be submitted to the responsible authority together with any written response from the company to any issues, qualifications or concerns contained in the said report.
24. Before or within 12 months of the commencement of works an agreement under section 173 of the Planning and Environment Act 1987 is to be executed between the responsible authority and the owner lots 1 and 2, such agreement to be to the satisfaction of the responsible authority, to secure the carrying out of the rehabilitation plan, the limiting of future uses of the land and to exclude activities that would have the potential to release or expose residual sediments.