DURALIE COAL MINE Mining Operations Plan and Rehabilitation Management Plan

Transcription

1 DURALIE COAL MINE Mining Operations Plan and Rehabilitation Management Plan

2 DURALIE COAL MINE MINING OPERATIONS PLAN AND REHABILITATION MANAGEMENT PLAN 1 JANUARY 2015 TO 31 DECEMBER 2019 Section/Page/ Annexure Revision Amendment/Addition Distribution All Version 1 () Original DRG Approval Date 18/03/2015 Mine sequencing Version 2 (723033) Amendment A DRG 18/01/2016 All. Includes inclusion of RMP Version 3 (893641) Amendment B - Update requested by DRG DRG, OEH, DPI-Water, MCC, CCC, DP&E - AUGUST 2017 Project No. YAN Document No

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4 Duralie Coal Mine Mining Operations Plan SUMMARY OF TABLES, FIGURES AND PLANS A summary of the relevant tables and plans required by the New South Wales Department of Trade and Investment, Regional Infrastructure and Services Division of Resources and Energy ESG3: Mining Operations Plan (MOP) Guidelines, September 2013 is provided below. ESG3 Requirement Section of MOP Table Reference Plan Reference Source Material Production Schedule during the MOP Term Section Table 3 N/A DCPL MOP Guidelines Domain Selection Section 5.1 Table 6 Plans 2, Plans 3A 3E Duralie Open Pit Modification Environmental Assessment MOP Guidelines Rehabilitation Phases Section 5.3 Table 7 Plans 3A 3E Spatial Data Performance Indicators and Completion/ Relinquishment Criteria Proposed Disturbance and Rehabilitation Activities during the MOP Term Summary of Rehabilitation Areas during the MOP Term MOP Guidelines Section 6 Table 9 N/A In consideration of MOP Guidelines and DCM Rehabilitation Management Plan Section 7.2 Table 11 Plans 3A 3E Spatial Data MOP Guidelines Section 7.3 Table 12 Plans 3A 3E Spatial Data MOP Guidelines Plans Section 12 N/A All Plans In consideration of MOP Guidelines and GIS Software

5 Duralie Coal Mine Mining Operations Plan TABLE OF CONTENTS Section Page 1 INTRODUCTION HISTORY OF OPERATIONS CURRENT CONSENTS, AUTHORISATION AND LICENCES LAND OWNERSHIP AND LAND USE STAKEHOLDER CONSULTATION 4 2 PROPOSED MINING ACTIVITIES PROJECT DESCRIPTION ASSET REGISTER ACTIVITIES OVER THE MOP TERM Exploration Construction Activities Mining Operations Material Production Schedule during MOP Term Waste Rock Management Waste Management Decommissioning and Demolition Activities Water Management Progressive Rehabilitation and Completion Topsoil Management 12 3 ENVIRONMENTAL ISSUES MANAGEMENT ENVIRONMENTAL RISK ASSESSMENT ENVIRONMENTAL RISK MANAGEMENT SPECIFIC RISKS RELATING TO REHABILITATION Geology and Environmental Geochemistry Spontaneous Combustion Erosion and Sediment Control Soil Type(s) and Suitability Flora Fauna Other Risks 21 4 POST-MINING LAND USE REGULATORY REQUIREMENTS/ REHABILITATION OBJECTIVES POST-MINING LAND USE GOAL REHABILITATION OBJECTIVES 25 5 REHABILITATION PLANNING AND MANAGEMENT DOMAIN SELECTION DOMAIN REHABILITATION OBJECTIVES Domain 1B Infrastructure Areas (Woodland/Open Forest) Domain 2A/2B Water Management Area (Pasture/Scattered Trees or Woodland/Open Forest) Domain 2C Permanent Water Management Area Domain 3A/3B Waste Emplacement (Pasture/Scattered Trees or Woodland/Open Forest) Domain 4D Open Cut Pit (Final Void/Water Storage) Domain 5E Offset Areas i

6 Duralie Coal Mine Mining Operations Plan TABLE OF CONTENTS (Continued) 5.3 REHABILITATION PHASES COAL SHAFT CREEK 32 6 PERFORMANCE INDICATORS AND COMPLETION CRITERIA 34 7 REHABILITATION IMPLEMENTATION REHABILITATION STATUS AT MOP COMMENCEMENT Infrastructure Area Water Management Area Waste Rock Emplacement Weismantel and Clareval Open Pit PROPOSED REHABILITATION ACTIVITIES DURING THE MOP TERM Domain 1 Infrastructure Area Domain 2 Water Management Area Domain 3 Waste Emplacement Domain 4 Open Cut Pit Domain 5 Offset Area SUMMARY OF REHABILITATION AREAS DURING THE MOP TERM RELINQUISHMENT PHASE ACHIEVED DURING THE MOP TERM 56 8 REHABILITATION MONITORING AND RESEARCH REHABILITATION MONITORING AND ECOSYSTEM FUNCTION ANALYSIS OTHER REHABILITATION MONITORING 58 9 INTERVENTION AND ADAPTIVE MANAGEMENT THREATS TO REHABILITATION TRIGGER ACTION RESPONSE PLAN MINE CLOSURE PLANNING PROGRAM REPORTING PLANS REVIEW AND IMPLEMENTATION OF THE MOP REVIEW OF THE MOP IMPLEMENTATION REFERENCES ABBREVIATIONS AND ACRONYMS ii

7 Duralie Coal Mine Mining Operations Plan TABLE OF CONTENTS (Continued) LIST OF TABLES Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 Table 11 Table 12 Table 13 Table 14 Table 15 Key Consents, Leases, Licences and Permits Major Asset Register Indicative Coal and Material Production Schedule Relevant Post-Mining Land Use and Rehabilitation Project Approval Conditions General Rehabilitation and Mine Closure Goals for the Duralie Coal Mine Coding for Primary (Operational) and Secondary (Post-Mining Land Use) Domains Summary of Rehabilitation Phases Proposed for Completion at the End of the MOP Term Key Completion Criteria Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Indicative Species used for Native Revegetation Disturbance and Rehabilitation Progression during the MOP Term Summary of Domains, Rehabilitation Phases and Areas at Commencement and Completion of MOP Term Rehabilitation Trigger Action Response Plan Mine Closure Planning Schedule Site Environmental and Mining Management Relevant to Implementation of this MOP LIST OF FIGURES Figure 1 Figure 2 Figure 3 Duralie Coal Mine General Arrangement Conceptual Final Landform Coal Shaft Creek Reconstruction (Typical Sections) LIST OF PLANS Plan 1A Duralie Coal Mine Locality Plan 1B Pre-Mining Environment Natural Environment Plan 1C Pre-Mining Environment Built Environment Plan 2 Rehabilitation Domains at Commencement of MOP Plan 3A Mining and Rehabilitation 2015 Plan 3B Mining and Rehabilitation 2016 Plan 3C Mining and Rehabilitation 2017 Plan 3D Mining and Rehabilitation 2018 Plan 3E Mining and Rehabilitation 2019 Plan 4 Conceptual Post-Rehabilitation Final Landform and Domains Plan 5A General Arrangement Post Mining Plan 5B Conceptual Sections of the Gloucester Basin Post-Mining iii

8 Duralie Coal Mine Mining Operations Plan TABLE OF CONTENTS (Continued) Plan 5C Cross Section of Final Voids Post-Mining LIST OF PLATES Plate 1 Eucalyptus-Acacia directly seeded on lower slope (planted in 2008) Plate 2 Mixed species directly seeded on mid slope (planted in 2010) Plate 3 Acacia directly seeded on upper slope (planted in 2010) Plate 4 Eucalyptus-Acacia directly seeded on upper slope (planted in 2010) Plate 5 Eucalyptus-Acacia directly seeded on lower slope (planted in 2011) Plate 6 Native species mix directly seeded on lower flat bench (planted in September 2012) Plate 7 Native species mix directly seeded on lower slope (planted in September 2012) Plate 8 Native species mix directly seeded on lower slope (planted in September 2012) LIST OF ATTACHMENTS Attachment 1 Attachment 2 Duralie Coal Mine Project Approval (08_0203) Relevant Mining Lease Condition Extracts iv

9 Duralie Coal Mine Mining Operations Plan 1 INTRODUCTION This Mining Operations Plan and Rehabilitation Management Plan (MOP) has been prepared by Duralie Coal Pty Ltd (DCPL) in accordance with the requirements of the Duralie Coal Mine (DCM) Mining Lease (ML) 1427 and ML 1646 conditions, Project Approval (08_0203) conditions and the New South Wales (NSW) Department of Trade and Investment, Regional Infrastructure and Services Division of Resources and Energy (DTIRIS-DRE) (now the Department of Planning and Environment - Division of Resources and Geoscience [DRG]) ESG3: Mining Operations Plan (MOP) Guidelines, September 2013 (the MOP Guidelines) (DTIRIS-DRE, 2013). Development Consent for the DCM was originally granted by the NSW Minister for Urban Affairs and Planning in The Duralie Extension Project (DEP) was approved (Project Approval 08_0203) by the Land and Environment Court of NSW in The Project Approval has since been modified on two occasions under Section 75W of the Environment Planning and Assessment Act, This MOP replaces the existing DCM MOP and Rehabilitation Management Plan and describes the proposed operational mining activities for the currently approved DCM for the period 1 January 2015 to 31 December 2019 (the MOP term). A minor amendment to this MOP was submitted in December 2015 to incorporate a minor change to the sequencing of mine operations (i.e. mining of Weismantel pit originally planned for 2018 has been brought forward to 2016). This further MOP Amendment (Amendment B) has been prepared following the issue of a notice under section 240(1)(C) of the Mining Act 1992 by the Department of Planning and Environment (DP&E). In accordance with the notice, this MOP Amendment includes the addition of a mine closure planning program (Section 10), which includes a schedule of all technical and/or environmental assessments that will be required to undertake final rehabilitation following the cessation of open-cut mining at the DCM. Additionally, this MOP Amendment has been prepared to address comments from the DRG regarding the inclusion of additional detail on a strategy for designing the Coal Shaft Creek alignment (Section 5.4), rehabilitation indicators and completion criteria (Section 6) and the development and inclusion of additional rehabilitation monitoring (Section 8). DCPL is currently developing mine closure strategies for the DCM to be implemented at the cessation of this MOP term and will prepare a subsequent MOP incorporating these strategies in consultation with DRG. MOP Structure In accordance with the MOP Guidelines (DTIRIS-DRE, 2013), the MOP is structured as follows: Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Provides details of the DCM history, current Project Approval, authorisation and licences, land use and land ownership. This section also describes the stakeholder consultation undertaken relevant to this MOP. Provides details of the proposed mining activities during the MOP term. Outlines environmental and rehabilitation risk identification methods. Describes the post-mining land use and rehabilitation goals and objectives. Presents the rehabilitation domains, objectives and phases. Presents performance indicators and completion criteria relevant to the rehabilitation domains. Describes rehabilitation activities to be implemented during the MOP term. Describes rehabilitation monitoring and research

10 Duralie Coal Mine Mining Operations Plan Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 Section 15 Plans Attachments Outlines intervention and adaptive management methods to be implemented relevant to identified rehabilitation risks. Describes the Mine Closure Planning Program, which schedules all technical and/or environmental assessments required to undertake final rehabilitation. Provides the reporting mechanisms relevant to implementation of this MOP. Describes the content of the MOP Plans. Outlines the protocol for reviewing and revising the MOP and the personnel responsible for monitoring, reviewing and implementing the MOP. Lists the references cited in this MOP. Lists the abbreviations and acronyms cited in this MOP. Provides the Plans referenced in the MOP. Provides the supporting Attachments referenced in the MOP. 1.1 HISTORY OF OPERATIONS Construction at the DCM commenced in June 2002 with mining production commencing in March The first coal railed to the Stratford Mining Complex for processing was in March Open cut mining at the DCM has been conducted in the Clareval Open Pit and Weismantel Open Pit (Figure 1). Run-of-mine (ROM) coal is railed to the Stratford Mining Complex for processing, located some 20 kilometres (km) to the north of the DCM, by a shuttle train. DCM coal rejects are managed at the Stratford Mining Complex (Plan 1A). The previous DCM MOP is approved until 31 December CURRENT CONSENTS, AUTHORISATION AND LICENCES The date of grant and duration of the Project Approval, authorisations and licenses issued by government agencies relevant to the MLs are provided in Table 1 below. Table 1 Key Consents, Leases, Licences and Permits Instrument Relevant Authority Date of Grant Duration of Approval Project Approval (as Modified) NSW Department of Planning and Environment (DP&E) ML1646 DRG 4/1/ years. ML1427 DRG 6/4/ years. Environment Protection Licence (EPL) NSW Environment Protection Authority (EPA) 5/12/2014 The Applicant may carry out mining operations on site until the end of /9/2002 Until the licence is surrendered, suspended or revoked. The licence is subject to review every three years. AUTH315 DRG 14/10/ November Monitoring and test bore licences Water Supply Works Approval 20WA NSW Department of Primary Industries Water (DPI-Water) Various Various. DPI-Water 1/7/ October BL DPI-Water 22/09/ /9/

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12 Duralie Coal Mine Mining Operations Plan In accordance with the MOP Guidelines, the Project Approval for the DCM is provided in Attachment 1. The DCM is a Level 1 mine as defined in the MOP Guidelines. 1.3 LAND OWNERSHIP AND LAND USE The DCM is owned and operated by DCPL and is located approximately 10 km north of the village of Stroud and approximately 20 km south of Stratford in the Gloucester Valley in NSW (Plan 1A). The existing MLs exist wholly within land owned by Yancoal (i.e. Freehold land) (Plan 1C). Dwellings within the MLs are not occupied. The DCM is located within the Great Lakes Local Government Area on land zoned under the Great Lakes Local Environmental Plan (2014) as Zone U2 (Rural Landscape). Historic and current land use in the vicinity of the DCM is dominated by agricultural production (primarily grazing for beef production), mining and remnant vegetation generally located along ridgelines and watercourses, and in isolated patches within the cleared landscape (Plan 1B). A number of reserved areas are located in the vicinity of the DCM, including the Myall River State Forest (located approximately 5 km to the south-east), Monkerai Nature Reserve (located approximately 7 km to the south-west), the Glen Nature Reserve (located approximately 11 km to the north-east) and Ghin-doo-ee National Park (located approximately 11 km to the east). Settlements located in the vicinity of the DCM site include Wards River and Stroud Road (Plan 1C). 1.4 STAKEHOLDER CONSULTATION This MOP has been developed in accordance with the MOP Guidelines. DCPL conducted comprehensive consultation programs during the DEP and Duralie Open Pit Modification (the Modification) approval processes under the NSW Environmental Planning and Assessment Act, These consultation programs included the rehabilitation strategy for the DCM. Consultation for the Modification was undertaken in 2014 and included the following stakeholders: Department of Planning and Environment; DTIRIS-DRE; Office of Environment and Heritage; Office of Water; NSW Health; NSW Fisheries; Transport for NSW; NSW Roads and Maritime Services; NSW Department of Primary Industries (Agriculture); Mid Coast Water; Great Lakes Council (GLC); Gloucester Shire Council; DCM Community Consultative Committee (CCC); Ironstone Community Action Group;

13 Duralie Coal Mine Mining Operations Plan Local community and landholders; and members of the Aboriginal community. The Duralie Open Pit Modification Environmental Assessment (DCPL, 2014) (the Modification EA) was placed on public exhibition in July The Modification was determined by the Planning Assessment Commission which conducted a public meeting in November 2014 prior to determining the modification application. This MOP has been prepared to be consistent with the DEP Environmental Assessment (DEP EA) and the Modification EA. In addition, stakeholders consulted during preparation of the DCM environmental management plans, strategies and programs (including those specific to rehabilitation and post-mining land use), have included key NSW regulatory agencies (including DRG), local community action and other interest groups, the GLC (now MidCoast Council [MCC]) and other regional councils, and the Aboriginal community. This MOP Amendment will be provided to the DP&E s Resource Assessments and Compliance Branch, NSW Office of Environment and Heritage, Department of Primary Industries Water, MCC and the CCC for comment prior to submission to the DP&E. Ongoing consultation with the community and relevant stakeholders occurs via the CCC, Duralie Coal website, DCPL s community hotline and response protocol

14 Duralie Coal Mine Mining Operations Plan 2 PROPOSED MINING ACTIVITIES 2.1 PROJECT DESCRIPTION Mining operations at the DCM are approved to take place until the end of 2021 in accordance with the Project Approval. Mining operations includes the removal of overburden and the extraction, processing, handling and storage and transportation of coal. The Project Approval then continues to be in force until DCPL rehabilitates the site in accordance with the conditions of the Project Approval and MLs. ROM coal would continue to be mined from the Clareval open pit and the Weismantel open pit at a rate of up to 3 million tonnes per annum (Mtpa) throughout the MOP term. Waste rock (including overburden and interburden) mined during the development of the MOP term will continue to be used to in-fill the mine voids behind the advancing open cut mining operations, and to extend the existing Waste Emplacement (Figure 1). ROM coal from the DCM would continue to be transported to the Stratford Mining Complex Coal Handling and Preparation Plant to be blended and processed with ROM coal from the Stratford Mining Complex. A detailed description of the proposed mining activities associated with the Modification is provided in Section 3 of the Modification Environmental Assessment (EA). 2.2 ASSET REGISTER In accordance with the MOP Guidelines, an Asset Register is provided in Table 2 which lists the major assets relevant to each DCM rehabilitation domain at the commencement of the MOP (Plan 2) and the proposed decommissioning activities for the listed assets. 2.3 ACTIVITIES OVER THE MOP TERM This section provides details of all operational activities relevant to the MLs proposed during the MOP term including: exploration (Section 2.3.1); construction activities (Section 2.3.2); mining operations (Section 2.3.3); material production schedule during the MOP term (Section 2.3.4); waste rock management (Section 2.3.5); waste management (Section 2.3.6); decommissioning and demolition activities (Section 2.3.7); water management (Section 2.3.8); progressive rehabilitation and completion (Section 2.3.9); and topsoil management (Section ). The approved general arrangement of the DCM is shown on Figure

15 Duralie Coal Mine Mining Operations Plan Table 2 Major Asset Register Primary Rehabilitation Domain Domain 1 Infrastructure Area Domain 2 Water Management Area Domain 3 Waste Emplacements Domain 4 Open Cut Pits Domain 5 Offset Area Approximate Size (ha) 1 Major Assets 47 rail loading infrastructure; rail siding; workshop; fuel farm; car park; offices; go-line; and explosives storage. 65 up-catchment diversions; Auxiliary Dam No. 1; Auxiliary Dam No. 2; Main Water Dam (MWD); Coal Shaft Creek diversion; irrigators; and temporary water management infrastructure (e.g. sediment control dams). 238 irrigators; and evaporators. 93 Weismantel Open Pit; Clareval Open Pit; and dewatering pump systems and associated pipeline. Relevant Secondary Domains woodland/open forest. pasture area; woodland/open forest; and permanent water management infrastructure. pasture area; and woodland/open forest. final void/water storage; pasture area; and woodland/open forest Offset Area. NA 1 Based on the maximum disturbance at the commencement of the MOP term. ha = hectares. Proposed Decommissioning Activities During the MOP Term No decommissioning activities are proposed during the MOP term. No decommissioning activities are proposed during the MOP term. No decommissioning activities are proposed during the MOP term. No decommissioning activities are proposed during the MOP term Exploration Mine exploration activities will continue to be undertaken within the MLs (Plan 1A) in accordance with Project Approval (08_0203). These activities will occur within, and external to, the open cut footprints and will be used to investigate aspects such as geological features, seam structure and coal/overburden characteristics as input to detailed mine planning and feasibility studies Construction Activities No major construction activities are proposed during the MOP term. Minor, short term construction activities associated with the excavation of the upstream diversion adjacent to the Clareval and Weismantel open pits would be undertaken during the MOP term. Existing infrastructure and supporting services at the DCM will continue to be used during the MOP term

16 Duralie Coal Mine Mining Operations Plan Mining Operations Mining operations will continue to be carried out 24 hours per day within the Weismantel and Clareval Open Pits. The general sequence of mining at the DCM is as follows: vegetation clearance ahead of the mine progression in accordance with vegetation clearance protocol; topsoil stripping and stockpiling; removal of weathered and weak overburden by excavator; drilling and blasting of overburden; removal of general non-acid forming (NAF) overburden and trucking to the waste rock emplacement; selective mining of potentially acid forming (PAF) overburden for placement with limestone, as required, within the waste rock emplacement; selective mining of coal and haulage to the ROM pad and DCM coal handling area; and progressive backfilling of the open pit with mined waste rock, prior to profiling and progressive rehabilitation. A temporary ROM coal stockpile, located within the approved surface development area, may be utilised during the MOP term. ROM coal temporarily stored at this stockpile will be transported directly to the DCM coal handling area. This stockpile will be managed in accordance with relevant DCM management plans. Previously rehabilitated areas will not be significantly disturbed during the MOP term. Clareval Open Pit The Clareval open pit forms a strike length pit approximately 2 km long and up to 600 metres (m) wide. The Clareval open pit will be up to approximately 210 m deep during the MOP term. Weismantel Open Pit The Weismantel open pit will be up to approximately 90 m deep during the MOP term Material Production Schedule during MOP Term An indicative mine schedule for the MOP term is provided in Table 3. Table 3 Indicative Coal and Material Production Schedule Year Stripped Topsoil (m 3 ) Overburden (Mbcm 3 ) ROM Coal (Mtpa) , ,500 25, ,000 6, ,500 2, Total 38, m 3 = cubic metres. Mbcm = million bank cubic metres

17 Duralie Coal Mine Mining Operations Plan Waste Rock Management Waste rock (including overburden and interburden) mined will continue to be used to in-fill the mine voids behind the advancing open cut mining operations, as well as being placed in out-of-pit mine waste rock emplacements. During the MOP term, approximately 26.0 Mbcm of waste rock will be removed from the open pits (Table 3). The existing waste emplacement will continue to be lifted until it reaches a maximum elevation of approximately 135 m Australian Height Datum (AHD). The status of rehabilitation of the Duralie Waste Emplacement at the commencement of the MOP term is described in Section Waste Management All waste generated during the MOP term will be managed in accordance with the Waste Management Plan (WMP) (DCPL, 2012). Key waste streams (apart from waste rock) that will be generated during the MOP term comprise: recyclable and non-recyclable general wastes; sewage and effluent; and other wastes from mining and workshop activities (e.g. waste oils, scrap metal and used tyres). General waste minimisation principles (i.e. reduce, re-use and recycle) will continue to be applied at the DCM to minimise the quantity of wastes that require off-site disposal. All general domestic waste (e.g. general solid [putrescibles] waste and general solid [non-putrescible] waste as defined in Waste Classification Guidelines Part 1: Classifying Waste [NSW Department of Environment and Climate Change, 2008]) and general recyclable products will continue to be collected by an appropriately licensed contractor. DCPL will maintain a register of regulated waste collected by the licensed waste contractor. Scrap metal is collected by a scrap metal merchant for recycling. Waste tyres are disposed in the backfilled waste rock emplacement. Sewage and wastewater from ablution facilities on-site is collected and transferred via a sewerage system to the existing on-site sewage treatment plant. Sewage is treated in the on-site sewage treatment plant (that consists of an aerobic treatment system) and is disposed of in a manner to the satisfaction of the EPA (i.e. EPL 11701) and the GLC. Waste generated as part of ongoing exploration activities (i.e. drill cuttings) will be disposed of in the mine voids. Any exploration drill cuttings that are considered to be PAF will be managed in accordance with the current PAF overburden management techniques outlined in Section Decommissioning and Demolition Activities There are no decommissioning or demolition activities required during the MOP term

18 Duralie Coal Mine Mining Operations Plan Water Management The management of the site water management system will be conducted in accordance with the Water Management Plan (WAMP) required by the Project Approval. The existing water management system will be progressively augmented as water management requirements change during the MOP term. The water management system at the DCM comprises the following: water management storages; diversion of runoff from catchment areas upslope of the mine disturbance area; runoff control on disturbed and rehabilitated areas at the mine; runoff control on infrastructure areas; erosion and sedimentation control; open pit dewatering; disposal of excess water through on-site irrigation; and sewage treatment and disposal of effluent. DCPL operates the water management system such that water captured is used on-site (e.g. for dust suppression and irrigation of rehabilitation areas). Water Management Storages Water stored on-site includes groundwater inflows to the open pit and incident rainfall and runoff from mine disturbance areas at the DCM. Water pumped from sumps in the open pit will be stored in the MWD, Auxiliary Dams No. 1 and 2 and mined pits. The dams are also used to store water collected from selected sediment dams and runoff from the main infrastructure area. Up-catchment Runoff Control Surface water runoff controls aim to prevent up-catchment runoff water from entering the open pit and waste rock emplacement areas. The main runoff water control structures at the DCM include the following: MWD and Auxiliary Dam Diversions located around the MWD and Auxiliary Dams intercept runoff from the catchments upstream of the dams and divert the up-catchment runoff water to Coal Shaft Creek and Mammy Johnsons River. The MWD diversion is a component of the irrigation first flush protocol and is discussed further below. Coal Shaft Creek Diversion channel allows for the flow of up-catchment runoff reporting to Coal Shaft Creek to avoid the open pit, waste rock emplacement and infrastructure areas. Eastern Diversion drain located along the ridgeline to the east of the existing open pit to intercept runoff from the catchments upstream and divert the up-catchment runoff water to Mammy Johnsons River. Permanent up-catchment diversions around the Clareval and Weismantel open pits. A culvert beneath an internal haul road crossing Coal Shaft Creek

19 Duralie Coal Mine Mining Operations Plan Erosion and Sedimentation Control Erosion and sedimentation control will be undertaken in accordance with the Erosion and Sediment Control Plan, a component of the WAMP (DCPL, 2013a). The primary objectives of the erosion and sediment control at the DCM are to: minimise and control soil erosion and sediment generation in areas disturbed by ongoing mining and associated activities; and minimise the potential for sediment generated from site activities to adversely affect the water quality of the Mammy Johnsons River or the Karuah River. Open Pit Dewatering The open pits are sinks for groundwater inflow, incident rainfall, infiltration through waste rock emplacements and rainfall runoff. Sumps are excavated in the floor of the active open pits as part of routine mining operations to facilitate efficient dewatering operations and to minimise interruption to mining. Water removed from the open pits is initially transferred to out-of-pit water supply storages for use in dust suppression and controlled irrigation. On-site Irrigation System An on-site irrigation system of pumps, piping and water distribution equipment is used to supply water from the MWD to the DCM irrigation areas, and comprises the following: electrically powered centrifugal pumps; travelling irrigators; fixed sprays; and evaporators. Operation of the irrigation areas is managed in accordance with the Irrigation Management Plan (IMP) (DCPL, 2013b). The five types of irrigation areas approved are: Type I Irrigation areas located between the MWD diversions and the water storage inundation area of the MWD. Type II Irrigation areas located upslope of the MWD diversions within ML Type III Irrigation areas located upslope of the northern extent of the Weismantel and Clareval open pits, including the upper reaches of Coal Shaft Creek. Type III irrigation has not been established to date. Type IV Irrigation areas located on partially rehabilitated and rehabilitated areas of the waste rock emplacement. Type V Irrigation areas located on inactive (but not yet topsoiled or rehabilitated) areas of the waste rock emplacement. A mixture of pasture, woodland and cropping occurs within the irrigation areas

20 Duralie Coal Mine Mining Operations Plan Progressive Rehabilitation and Completion Rehabilitation at the DCM is undertaken progressively, behind the advancing open cut and aims to create a stable, self-sustaining landform. Rehabilitation has commenced at the south-eastern end of the waste emplacement and will continue to progress north-west throughout the MOP term. A description of rehabilitation activities proposed during the MOP term is provided in Section 7.2 and rehabilitation progression is shown on Plans 3A to 3E. The performance indicators and completion criteria for the DCM are outlined in Section Topsoil Management Where stripped soils cannot be used directly for progressive rehabilitation, the soil will be stockpiled separately and seeded with grasses to maintain soil viability. Topsoil stockpiles will be located along the edge of open cut pits and along the side of haul roads and waste emplacements

21 Duralie Coal Mine Mining Operations Plan 3 ENVIRONMENTAL ISSUES MANAGEMENT 3.1 ENVIRONMENTAL RISK ASSESSMENT The DEP EA included an Environmental Risk Assessment (ERA) which identified environmental and rehabilitation risks relevant to the DCM (SP Solutions, 2009). The ERA was prepared in accordance with the Australian Standard/New Zealand Standard (AS/NZS) 4360:2004 Risk Management, AS HB 203:2006 Environmental Risk Management Principles and Process and MDG1010 Risk Management Handbook for the Mining Industry (Department of Planning and Infrastructure [DPI], 1997). An ERA workshop was conducted on 22 October 2009 to identify key issues for the DCM. The following issues were assigned a risk greater than low: Noise and blasting impacts exceed criteria at nearby receivers consistent with predictions. Loss of flora and fauna habitat resulting from approved clearance of vegetation. Dust emissions exceed criteria at nearby receivers in accordance with predictions. Visual impacts on The Bucketts Way and nearby receivers to the north of the DCM. The relevant environmental impacts relating to the above issues have been assessed in the DEP EA and the Modification EA. The relevant mitigation and management measures for these impacts will be described in the environmental management plans where necessary (Section 3.2). A review of the 2012 ERA findings was undertaken in July In addition, a contemporary environmental risk assessment for the DCM was undertaken on 22 November The contemporary risk assessment was undertaken to review and update the Environmental Risk Register for the mine closure and rehabilitation stage of operations to support this MOP Amendment and to provide guidance for the Mine Closure Planning Schedule (Section 10). The risk assessment was undertaken in accordance with the Australian, New Zealand and International Standard for Risk Management (AS/NZS) ISO 31000:2009 and the Yancoal Risk Assessment Standard Consequences Matrix. Key risks identified at the DCM (i.e. risks of Medium risk level or higher) from the contemporary environmental risk assessment specifically relating to mine closure and rehabilitation included: rehabilitation of PAF waste emplacements causing acid mine drainage contamination of surface and groundwater; surface water runoff causing detrimental effects on Mammy Johnsons River aquatic ecology; long term contamination from mine water stored in prescribed dams; failure to achieve biodiversity targets causing detrimental impacts on Coal Shaft Creek and Mammy Johnsons River aquatic ecology; geotechnical instability of rehabilitated waste emplacements and final void resulting in a detrimental environmental impact; failure of the final void to achieve a criteria of safe, stable and non-polluting; unplanned release of mine water during rehabilitation; poor quality runoff from rehabilitated areas reaching Mammy Johnsons River; rehabilitation of insitu and exposed coal seams causing spontaneous combustion or acid mine drainage contamination of groundwater;

22 Duralie Coal Mine Mining Operations Plan odours emitted from site; rehabilitation activities disturb Aboriginal Heritage sites; failure to achieve biodiversity targets in rehabilitation areas; inability to complete rehabilitation to required standard due to insufficient materials (e.g. inert capping material, clay topsoil); unsustainable water balance during rehabilitation and mine closure; failure to meet rehabilitation runoff water quality criteria during rehabilitation and mine closure; infrastructure not suitably decommissioned; and erosion of final landforms, compromising establishment of vegetation and water quality. For each of the key rehabilitation and mine closure risks identified appropriate risk reduction strategies/actions were identified to adequately control the risk. This MOP Amendment addresses risks related to closure planning and the associated risk reduction strategies through incorporation of additional rehabilitation planning and monitoring, inclusion of the Mine Closure Planning Program (Section 10 & Table 14) and inclusion of Section 5.4 regarding Coal Shaft Creek. The findings of the contemporary environmental risk assessment summarised above have been used to further inform the technical and environmental assessments required by the Mine Closure Planning Program outlined in Section ENVIRONMENTAL RISK MANAGEMENT A comprehensive environmental management system has been established at the DCM which includes implementation of environmental management commitments contained within a number of management plans, programs, studies, strategies and protocols which have been prepared in accordance with relevant approval conditions (and approved in all cases by regulatory agencies). In addition to this Mining Operations Plan and Rehabilitation Management Plan, the following environmental management plans and other documents have been prepared in accordance with the Project Approval Conditions to guide environmental management on-site: Environmental Management Strategy; Noise Management Plan (NMP); Blast Management Plan (BLMP); Air Quality & Greenhouse Gas Management Plan (AQMP); Water Management Plan (WAMP); Site Water Balance (SWB); Surface Water Management Plan (SWMP); Irrigation Management Plan (IMP); Groundwater Management Plan (GWMP); Biodiversity Management Plan (BMP); Giant Barred Frog Management Plan (GBFMP); Heritage Management Plan (HMP); and Waste Management Plan (WMP). Rehabilitation Management Plan (RMP)

23 Duralie Coal Mine Mining Operations Plan These plans are progressively updated with the latest version being available on the Duralie Coal website ( During the MOP term, the DCM environmental management plans will be reviewed and revised as necessary. The DRG will be consulted as required during revision of the relevant environmental management plans, and the revision of these plans will be reported in the Annual Review. 3.3 SPECIFIC RISKS RELATING TO REHABILITATION Geology and Environmental Geochemistry Description of Mine Geology The coal resource at the DCM is located within the Permian aged Gloucester Basin in NSW. The DCM is located in the southern closure of the main synclinal structure of the Gloucester Basin and is associated with the coal bearing strata of the Dewrang Group. The Dewrang Group comprises three main stratigraphic units, namely: Mammy Johnsons Formation; Weismantels Formation; and Duralie Road Formation. The coal seams mined at the DCM include: the Weismantel Seams; the Clareval Seams; and the Cheerup Seams. The underlying basement rocks are principally volcanics of Early Permian (i.e. Alum Mountain Volcanics) and Carboniferous age that were folded during formation of the Gloucester Basin. The Early Permian and Carboniferous volcanic rocks are typically erosion resistant and form the more prominent ridges to the east and west of the DCM. Environmental Geochemistry The Weismantel and Clareval Seams are mostly NAF, however, geochemical assessments have indicated the presence of PAF waste material above the Weismantel Seam and the Clareval Seam within the extent of the open pits. Waste rock materials generated from the Modification would generally be expected to be NAF. An assessment of the geochemical characteristics of the waste rock material associated with the DCM is provided in the DEP Geochemical Assessment of Overburden and Floor Rock (Environmental Geochemistry International Pty Ltd, 2009). PAF Management Procedures A small percentage of the mined waste rock at the DCM is PAF and is managed by selective mining and management in accordance with the PAF Material Management Plan which is a component of the SWMP. PAF management at the DCM includes the following components: PAF material identification and separation procedures; PAF material storage procedures; and

24 Duralie Coal Mine Mining Operations Plan monitoring of surface water and groundwater to determine the effectiveness of PAF material controls. PAF waste material is segregated and selectively handled. The location of PAF material is determined by geological modelling, informed by ongoing exploration activities and field sampling. PAF material is mined to the modelled PAF limits before placement in accordance with the PAF Material Management Plan. Confirmation of the thickness of the PAF band is periodically assessed by field sampling and laboratory analysis (utilising net acid generation testing). Limestone is selectively placed on the open pit floor and PAF waste rock emplacement lifts/faces to minimise the release of acid rock drainage products. PAF material is stored in two distinct manners at the DCM, both in the out-of-pit waste rock emplacement and in-pit waste rock emplacement. In the out-of-pit waste rock emplacements at the DCM, the PAF material is encapsulated within appropriately designed and constructed containment cells and capped with a clay capping layer. For in-pit waste rock emplacement, once PAF material has been placed within the designated PAF management area of the open pit (i.e. below the post-mining water table), a layer of NAF material is placed above the emplaced PAF material. Upon final placement of sufficient NAF material to construct the design profile for the given section of the emplacement area, shaping, drainage construction, topsoil placement and revegetation is undertaken Spontaneous Combustion DCM has historically had minor spontaneous combustion events associated with coal stockpiles older than one year and in-pit coal heating (related to adjacent blasted reactive ground). Spontaneous combustion is managed by the Spontaneous Combustion Management Plan. The Spontaneous Combustion Management Plan outlines measures to control potentially spontaneously combustible material includes monitoring, encapsulation and extinguishment Erosion and Sediment Control Water Management The existing water management system at the DCM as described in the Water Management Plan comprises the following (Section 2.3.8): water management storages; diversion of runoff from catchment areas upslope of the mine disturbance area (i.e. upslope diversions); runoff control structures and devices on disturbed and rehabilitated areas at the mine; runoff control structures and devices on infrastructure areas; procedures, structures and devices for the control of erosion and sedimentation movement; open pit dewatering; procedures and equipment for the disposal of excess water through on-site irrigation; and sewage treatment plant and a system for the disposal of effluent

25 Duralie Coal Mine Mining Operations Plan Sediment Control Characteristics of soils at the DCM include high gully erosion and sheet erosion risk (Henderson, 2000). The water management and sediment control systems at the DCM have been successful in controlling potential erosion and sediment impacts based on on-site and downstream surface water monitoring. Erosion and sediment control structures used at the DCM include: temporary upslope diversion drains; downslope collection drains; sediment dams; and sediment dam spillway channels. The design criteria for the sediment control structures are outlined in the WAMP. Water Management Plan Water management at the DCM will continue to be undertaken in accordance with the WAMP. The WAMP includes the SWB, SWMP and the GWMP which prescribe DCPL s monitoring requirements in accordance with the Project Approval and EPL. Monitoring results are documented in the Annual Review and data is made available on the Duralie Coal website Soil Type(s) and Suitability Soil stripping and storage is currently undertaken in accordance with the RMP (incorporated into this MOP). Disturbance areas are stripped progressively (i.e. only as required) so as to reduce erosion and sediment generation, to reduce the extent of soil stockpiles and to utilise stripped soil as soon as possible for rehabilitation. In accordance with Leading Practice Sustainable Development Program for the Mining Industry - Mine Rehabilitation (Department of Industry, Tourism and Resources, 2006), stripped soil is directly placed on mine rehabilitation areas where areas on the waste rock emplacement are available for topsoil application. Where stockpiling is necessary, soil stockpiles are managed to maximise long-term viability through implementation of the following practices: the surface of the completed stockpiles are left in a rough condition to help promote water infiltration and minimise erosion prior to vegetation establishment; soil stockpiles have a maximum height of 3 m in order to limit the potential for anaerobic conditions to develop within the soil stockpile; soil stockpiles have an embankment grade of approximately 1 V:4 H (to limit the potential for erosion of the outer pile face); soil stockpiles are seeded and fertilised; and soil rejuvenation practices (e.g. fertiliser addition) are undertaken (if required) prior to respreading as part of rehabilitation works. These management measures will continue to be implemented throughout the MOP term

26 Duralie Coal Mine Mining Operations Plan To ensure suitable and adequate topsoil resources are available for final rehabilitation a site topsoil balance is undertaken annually and the volume compared to the total remaining disturbed area requiring rehabilitation. Annual reporting of the site soil balance and rehabilitation performance is provided in the DCM Annual Review Flora Vegetation Clearance and Seed Collection A Vegetation Clearance Protocol has been developed for the DCM and is described in the BMP. Land clearance for the DCM will be undertaken progressively. Planned disturbance areas will be delineated prior to clearing activities, with restriction of clearing to the minimum area necessary to undertake the approved activities. Seed present during land clearance activities will be collected for use in plant propagation programs to provide tube stock for revegetation activities. The seed collected (type and quantity) will be reported in the Annual Review. Vegetation clearance procedures and seed collection will be undertaken in accordance with the BMP. Threatened Species No threatened ecological communities listed under the NSW Threatened Species Conservation Act, 1995 (TSC Act) or the Commonwealth Environment Protection and Biodiversity Conservation Act, 1999 (EPBC Act) have been recorded within the DCM area (FloraSearch, 2014). FloraSearch and Ecobiological undertook a literature and database review in addition to targeted surveys to identify threatened flora species listed under the TSC Act or EPBC Act which could potentially occur within the DCM area. No threatened flora species have been recorded in the DCM area or immediate surrounds (FloraSearch, 2014). No threatened flora populations listed under the TSC Act or EPBC Act are relevant to the DCM (FloraSearch, 2014). Management measures relevant to flora species will be undertaken in accordance with the BMP and any updates. Weed Management Weed management will be undertaken in accordance with the BMP. General weed management measures will include: minimisation of seed transport from the site during construction and operation through the use of the DCM vehicle wash bay; identification of weeds via regular site inspections and communication with landholders and regulatory authorities; mechanical removal of identified weeds and/or the application of approved herbicides in authorised areas; and specific control of noxious weeds

27 Duralie Coal Mine Mining Operations Plan Appropriately qualified persons will be engaged to undertake weed control. Follow-up site inspections will occur to determine the effectiveness of weed control. Weed management and monitoring results will be reported in the Annual Review. Revegetation This section RMP (DCPL, 2013c) describes actions to be undertaken to improve habitat within rehabilitated areas. Measures relevant to flora include: exclusion and management of cattle from areas where existing vegetation is to be protected; restriction of the use of light vehicles within revegetated areas; environmental and noxious weed management; feral animal control; signs and demarcation; and irrigation of selected areas to promote revegetation. Rehabilitation conducted at the DCM indicates that aspect has had little impact on rehabilitation success in comparison with other environmental factors (e.g. rainfall and soil type) Fauna The potential impacts to fauna are currently managed through the implementation of measures included in the BMP and the GBFMP. Threatened Species Threatened fauna species listed under the TSC Act and EPBC Act that are likely to be affected by the DCM are listed below (Australian Museum Consulting [AMC], 2014): Swift Parrot; Brown Treecreeper; Speckled Warbler; Grey-crowned Babbler; Brush-tailed Phascogale; Squirrel Glider; Eastern Bentwing-bat; Eastern Freetail-bat; and Large-footed Myotis. Threatened Fauna and Migratory Species under the Commonwealth EPBC Act The DCM area provides limited habitat for migratory species. Four migratory birds have been recorded in the disturbance area and surrounds (i.e. the White-throated Needletail, Rainbow Bee-eater, Rufous Fantail and Black-faced Monarch) (AMC, 2014)

28 Duralie Coal Mine Mining Operations Plan Habitat Management Timing Land Clearance to Minimise Harm of Fauna Where practicable, vegetation clearing will occur only once per year during late summer or early autumn to minimise impacts to a large range of fauna breeding during spring and summer, and fauna which would hibernate during winter (e.g. microbats). A suitably qualified person will assess the habitat to be disturbed and determine the appropriate vegetation clearance procedures. The amount of vegetation cleared will be the minimum required to allow mining operations to continue, where practicable, taking into consideration requirements for soil erosion control. Salvage and Relocation of Logs, Vegetative Material and Rocks Habitat features (e.g. trunks, logs, large rocks, branches, small stumps and roots) will be salvaged during vegetation clearance activities (where reasonable and feasible to do so) and stockpiled for relocation to nearby areas (i.e. rehabilitation areas or biodiversity offset areas). When relocated, these features are likely to provide habitat resources for a range of invertebrate and ground dwelling fauna. Where salvage is not possible or no suitable habitat is available (as determined by a suitably qualified person), vegetative material will be mulched and used as part of rehabilitation activities. A description of the material salvaged and relocated will be reported in the Annual Review. Salvage and Relocation of Tree Hollows Some tree hollows salvaged during vegetation clearance activities will be selectively chosen for placement in areas where habitat enhancement is required. These features may be securely attached to suitable trees or placed on the ground. Tree hollows placed in trees will be monitored according to the nest box program. Nest Box Program An existing nest box program is in place at the DCM, to provide nesting habitat for birds, arboreal mammals, and bats. The existing program is being expanded for the DCM and documented in the BMP. Once installed, the nest boxes will be monitored by suitably qualified personnel to observe fauna usage. A monitoring report will be prepared annually that includes a summary of previous monitoring reports. The monitoring results will be reported in the Annual Review. Management of Exotic Animals Management of exotic animals at the DCM (including rehabilitated areas of the DCM) is undertaken in accordance with the BMP. Measures to control exotic animals in the Offset area include: trapping and/or baiting of animal pests (e.g. European Rabbits and European Red Foxes); and follow-up site monitoring to determine the effectiveness of trapping and/or baiting programs

29 Duralie Coal Mine Mining Operations Plan Measures to control exotic animals will be implemented by an appropriately qualified person. A summary of the exotic animal management and monitoring results will be reported in the Annual Review Other Risks Overburden Characterisation The geochemical characteristics relevant to waste rock are discussed in Section Slopes and Slope Management The design of the outer batters of the waste emplacements will be consistent with the constructed waste rock emplacement (i.e. gradient of waste emplacement slopes will be 1 V:4 H). Air Quality Air quality management and monitoring at the DCM will be conducted in accordance with the AQMP. The existing DCM dust monitoring network currently comprises: one Tapered Element Oscillating Microbalance monitoring continuously (i.e. real-time monitor); four High Volume Air Samplers; and nine dust deposition gauges. The AQMP prescribes DCPL s air quality monitoring program requirements in accordance with the Project Approval and EPL. Air quality monitoring results are documented in the Annual Review and data is made available on the Duralie Coal website. Surface Water The SWMP prescribes DCPL s surface water quality monitoring program requirements in accordance with the Project Approval and EPL. The SWMP describes the operational water management system and provisions for review of the SWB, erosion and sediment control measures, surface water and groundwater monitoring and management. Water quality data from surface water quality monitoring points at the DCM are documented in the Annual Review available on the Duralie Coal website. Groundwater The GWMP prescribes DCPL s groundwater quality monitoring program requirements in accordance with the Project Approval and EPL. Groundwater quality monitoring results are documented in the Annual Review available on the Duralie Coal website. Greenhouse Gases DCPL reports annual greenhouse gas emissions and energy consumption from the DCM to the Federal government in accordance with the National Greenhouse and Energy Reporting Act, 2007 requirements

30 Duralie Coal Mine Mining Operations Plan Blasting Potential impacts associated with blasting at the existing DCM are monitored and managed in accordance with the BLMP. Blast monitoring (ground vibration and overpressure) for every blast is conducted at four locations surrounding the DCM. The BLMP prescribes DCPL s blast monitoring program requirements, in accordance with the Project Approval and EPL. Blast monitoring results are documented in the Annual Review available on the Duralie Coal website. Noise Noise management and monitoring at the DCM is conducted in accordance with the NMP. The noise monitoring program includes operator-attended monitoring at locations representative of privately-owned dwelling locations surrounding the DCM, unattended noise logging (including digital audio sample recordings), an on-site Automatic Weather Station and temperature inversion measurements. The NMP prescribes DCPL s noise monitoring program requirements, in accordance with the Project Approval and EPL. Noise monitoring results are documented in the Annual Review available on the Duralie Coal website. Visual and Lighting DCPL implements a number of measures to minimise visual and lighting impacts at the DCM, including progressive rehabilitation of the waste rock emplacement; the waste rock emplacement has been designed to produce a landform that integrates with the adjoining natural landform (i.e. Tombstone Hill) and incorporates relief to integrate with the surrounding natural landforms; boundary vegetation has been retained along the eastern toe of the waste rock emplacement to provide a visual screen between users of the North Coast Railway and the DCM; substantial fabricated infrastructure has been painted with a colour ( Rivergum ) that assists it to blend in with the adjoining landscape; the placement, configuration and direction of lighting has been designed to reduce off-site nuisance effects of stray light; all external lighting has been operated in accordance with Australian Standard 4282 (INT) Control of Obtrusive Effects of Outdoor Lighting as required by Condition 49, Schedule 3 of Project Approval (08_0203); and a visual screen has been constructed along an approximate 360 m section of The Bucketts Way in accordance with Condition 51, Schedule 3 of Project Approval (08_0203) to minimise views of the DCM and potential night lighting impacts along the section of The Bucketts Way identified in the DEP EA as having the greatest potential for unmitigated visual impact to occur. Cultural Heritage The HMP sets out the salvage, excavation, monitoring and management measures for archaeological sites and other Aboriginal objects located at the DCM, in accordance with the existing permits and consents. The HMP details the management of registered sites and other aboriginal objects within the DCM area

31 Duralie Coal Mine Mining Operations Plan Contaminated Land Prior to mine closure and final rehabilitation a land contamination assessment will be conducted. Issues expected to be addressed by this assessment will include, but not be limited to, decontamination of areas such as those impacted by carbonaceous material (e.g. coal spillage, coal storage), by hydrocarbon spillage (e.g. workshops, fuel storage areas) or by sedimentation (e.g. dams which have directly received pit water). Bushfire Management measures relevant to bushfire hazards are detailed in the BMP, including details on operational arrangement, on-site fire protection, hazard management and the implementation of fuel management strategies. Hazardous Materials Hydrocarbon storage facilities will continue to be operated in accordance with the requirements of AS 1940:2004 The Storage and Handling of Flammable and Combustible Liquids. All explosives at the DCM will continue to be stored in accordance with the requirements of AS 2187:1998 Explosives Storage Transport and Use Storage. No chemicals or hazardous materials will be permitted on site unless accompanied by the appropriate Material Safety Data Sheet

32 Duralie Coal Mine Mining Operations Plan 4 POST-MINING LAND USE 4.1 REGULATORY REQUIREMENTS/ REHABILITATION OBJECTIVES Project Approval Conditions Condition 55 of Schedule 3 of the Project Approval specifies the DCM post-mining land use and rehabilitation objectives which are reproduced in Table 4. Table 4 Relevant Post-mining Land Use and Rehabilitation Project Approval Conditions Feature Mine site (as a whole of the disturbed land and water) Surface Infrastructure Coal Shaft Creek Diversion Landforms Other land affected by the project Water quality Native flora and fauna habitat and corridors Final voids Post-mining agricultural pursuits Community Objective Safe, stable & non-polluting, fit for the purpose of the intended post-mining land use(s). To be decommissioned and removed, unless the Secretary agrees otherwise. Hydraulically and geomorphologically stable, with riparian vegetation that is the same or better than prior to mining. Final landforms sustain the intended land use for the post-mining domain(s). Final landforms are consistent with and complement the topography of the surrounding region to minimize the visual prominence of the final landforms in the postmining landscape. Final landforms incorporate design relief patterns and principles for consistent with natural drainage. Restore ecosystem function, including maintaining or establishing self-sustaining eco-systems comprised of: local native plant species; and a landform consistent with the surrounding environment. Water retained on site is fit for the intended land use(s) for the post-mining domain(s). Water discharged from site is consistent with the baseline ecological, hydrological and geomorphic conditions of the creeks prior to mining disturbance. Water management is consistent with the regional catchment management strategy. Size, locations and species of native tree lots and corridors are established to sustain biodiversity habitats. Species are selected that re-establishes and complements regional and local biodiversity. Safe, stable and non-polluting. The land capability classification for the relevant nominated agricultural pursuit for each domain is established and self-sustaining within 5 years of land use establishment (first planting of vegetation). Minimise the adverse socio-economic effects associated with mine closure. The Project Approval conditions relating to the Final Voids, Coal Shaft Creek Diversion and Surface Infrastructure (Table 4) are domain specific, while all other features relate to all Rehabilitation Domains. Condition 57 of the Project Approval specifies the RMP requirements (reproduced below): Rehabilitation Management Plan 57. The Proponent shall prepare and implement a Rehabilitation Management Plan for the project to the satisfaction of the Secretary of DTIRIS. This plan must: (a) (b) (c) be prepared in consultation with the Department, OEH, NOW, Council and the CCC; be prepared in accordance with any relevant DRE guideline; build, to the maximum extent practicable, on the other management plans required under this approval;

33 Duralie Coal Mine Mining Operations Plan (c1) (d) (e) address all aspects of mine closure and rehabilitation, including post-mining land use domains, rehabilitation objectives, completion criteria and rehabilitation monitoring and management; provide for scientific knowledge gained during the rehabilitation, to be made publicly available; be submitted to the Secretary of DTIRIS for approval within 3 months of the date of this approval, unless otherwise agreed by the Secretary. Condition 57 of the Project Approval relates to all Rehabilitation Domains. Mining Lease Conditions Rehabilitation requirements are prescribed in the conditions of ML 1427 and ML The relevant conditions for each ML are reproduced in Attachment POST-MINING LAND USE GOAL The mine closure goal for the DCM is to achieve relinquishment to the satisfaction of the relevant Minister(s), meeting relevant ML and Project Approval conditions. Rehabilitation of mined lands will be considered suitable when the nominated standards and/or completion criteria for land use, landform stability, revegetation, and beneficial use have been met, or if the relevant Minister(s) otherwise accepts the rehabilitation status. The post-mining land uses at the DCM include: pasture and scattered trees; woodland/open forest; permanent water management area; biodiversity offsets; and final void/water storage. Table 5 describes the general rehabilitation and mine closure goals for the DCM. Plan 4 shows the proposed post-mining land use for each rehabilitation domain, and Figure 2 shows a conceptual view of post-mining landform. 4.3 REHABILITATION OBJECTIVES Rehabilitation objectives for the DCM are prescribed in Condition 55 of Schedule 3 of the Project Approval (Section 4.1 and Attachment 1). The performance indicators and completion criteria for the DCM are outlined in Section

34 Duralie Coal Mine Mining Operations Plan Table 5 General Rehabilitation and Mine Closure Goals for the Duralie Coal Mine Short-term Objectives Minimisation of disturbance areas. Conservation of sufficient soil resources for rehabilitation via appropriate soil management. Provision of sediment control measures. Rapid stabilisation of newly constructed infrastructure (within Infrastructure Areas Section 5) by topsoiling, seeding and fertilising. Appropriate waste rock management including delineation and controlled placement of rock wastes on the basis of acid forming potential. Recovery and placement onto rehabilitation items suitable for providing alternative habitat for displaced fauna (e.g. tree hollows). Progressive backfilling of the open pit. Direct placement of topsoil resources where areas on the waste rock emplacement are available for topsoil application. Management of access into rehabilitated areas. Medium-term Objectives Creation of landforms which are geotechnically stable and visually consistent with the surrounding environment. Minimisation of erosion through the design and construction of contour drainage and additional sediment control dams to align with final landform and drainage designs. Appropriate selection of tree and pasture species for progressive rehabilitation. Encouragement of seed propagation through placement of topsoil, utilisation of soil ameliorants as required (e.g. gypsum, lime), seeding and fertilising. Evaluation of availability of topsoil resources for rehabilitation completion by routinely calculating a soil balance. Improvement of habitat in rehabilitated areas through noxious weed management, feral animal control and restriction of cattle and vehicle access. Revegetation monitoring with remediation where monitoring indicates the need. Harvesting of on-site seed bank where available and practicable. Long-term Objectives Creation of landforms which are geotechnically stable and visually consistent with the surrounding environment. Creation of final land use of grazing and woodland habitat. Reconstruction of Coal Shaft Creek using design principles which provide for long-term stability including a stable vegetative covering. Management of cattle through fencing to allow controlled grazing within particular rehabilitated areas. Provision of access tracks for light vehicles, tractors, etc. Retention of water management infrastructure for use as agreed with the relevant landholders. Decommissioning of sediment control structures if they are no longer serving an ancillary purpose (e.g. stock watering). Gradual removal and decommissioning of redundant site infrastructure. Maintenance of the quality of surface water runoff to appropriate standards. Revegetation monitoring with remediation where monitoring indicates the need. Identification and remediation of contaminated soils in accordance with the requirements of the NSW Contaminated Land Management Act,

35

36 Duralie Coal Mine Mining Operations Plan 5 REHABILITATION PLANNING AND MANAGEMENT 5.1 DOMAIN SELECTION Consistent with contemporary rehabilitation guidelines and rehabilitation planning best practice, conceptual rehabilitation domains will be incorporated in the rehabilitation program for the DCM. Based on the MOP Guidelines (DTIRIS-DRE, 2013), Table 6 outlines the primary and secondary domains together with the codes that have been allocated for each domain. Table 6 Coding for Primary (Operational) and Secondary (Post-Mining Land Use) Domains Code Primary Domains (Operational) Code 1 Infrastructure Area A Pasture/Scattered Trees 2 Water Management Area B Woodland/Open Forest Secondary Domains (Post-Mining Land Use) 3 Waste Emplacement C Permanent Water Management Area 4 Open Cut Pit D Final Void/Water Storage 5 Offset Area E Offset Area In summary, the following conceptual rehabilitation domains have been developed for the DCM in accordance with the MOP Guidelines as shown on Plan 4. Domain 1B Infrastructure Area Woodland/Open Forest; Domain 2A/2B Water Management Area Pasture/Scattered Trees or Woodland/Open Forest; Domain 2C Permanent Water Management Area; Domain 3A/3B Waste Emplacement Pasture/Scattered Trees or Woodland/Open Forest; Domain 4D Open Cut Pit Final Void/Water Storage; and Domain 5E Offset Areas. A conceptual final landform is shown on Figure DOMAIN REHABILITATION OBJECTIVES Rehabilitation objectives have been developed for each domain based on relevant Project Approval and ML conditions and the rehabilitation objectives presented in the EA. The domain rehabilitation objectives are outlined in Section 6. The overall rehabilitation objectives and domain rehabilitation objectives of the DCM will ultimately be subject to consultation with relevant regulatory authorities (e.g. DRG, DP&E, Office of Environment and Heritage, DPI-Water and GLC) and key stakeholders including, surrounding landholders and the CCC Domain 1B Infrastructure Areas (Woodland/Open Forest) The infrastructure areas at the DCM will comprise (Figure 1): rail loading infrastructure and Workshop; and internal haul roads

37 Duralie Coal Mine Mining Operations Plan Rail Loading Infrastructure and Workshop Post-operations, the key rehabilitation objectives for the infrastructure areas are to: Decommission and remove all infrastructure, unless otherwise agreed by the determining authority (e.g. decommissioning of the rail siding). If there are any contaminated soils associated with the site workshops or contaminated sediments in the return water dam, these will be identified and remediated in accordance with the requirements of the NSW Contaminated Land Management Act, Deep rip areas as required and topsoil all areas. Revegetate the domain to woodland/open forest. If at the time of mine closure, the determining authority requires the decommissioning of the rail siding, DCPL will rehabilitate this area as follows: removal of line and signalling infrastructure; identify any contaminated soils associated in the rail siding area and remediate in accordance with the requirements of the NSW Contaminated Land Management Act, 1997; profile to a free-draining landform; and revegetate the area to woodland/open forest. Haul Roads Consistent with the DEP EA and Modification EA, at the completion of mining the DCM haul roads will be decommissioned, reprofiled or removed where required, topsoiled and revegetated with woodland and open forest unless otherwise agreed by the determining authority (e.g. retained for agricultural use) Domain 2A/2B Water Management Area (Pasture/Scattered Trees or Woodland/Open Forest) Minor water management structures and sediment control dams will be decommissioned and rehabilitated or retained as farm water dams in consultation with landholders. Sediment dams downstream of the waste rock emplacements will be maintained until the revegetated surface is stable and the runoff water quality is suitable for release off-site. The stability of the landform will be determined by rehabilitation monitoring (Sections 6 and 8) Domain 2C Permanent Water Management Area The following water management structures for the DCM will be retained for future agricultural use and environmental benefit 1 (Figure 1): MWD; Auxiliary Dam No.1; Auxiliary Dam No. 2; 1 The water management structures would be retained unless agreed otherwise with DTIRIS-DRE, Dam Safety Committee and relevant future landholders

38 Duralie Coal Mine Mining Operations Plan Coal Shaft Creek diversion; and other water management structures. The rehabilitation objective for the permanent water management structures is to create safe, stable and non-polluting systems which retain water fit for post mining land use(s). Up-catchment Diversions A number of up-catchment diversions will be permanent structures that would remain post-mining (e.g. the up-catchment diversions for the Duralie Waste Emplacement that reports to the Duralie East Dam). Other Water Management Structures A number of permanent drop down structures will be retained post-mining (e.g. on the batters of waste rock emplacements). The drop down structures will be designed so that they are safe, stable and non-polluting in the long-term. The stability of the drop down structures will be determined by qualified engineering design and geotechnical assessment (Section 6) Domain 3A/3B Waste Emplacement (Pasture/Scattered Trees or Woodland/Open Forest) In general, rehabilitation of the waste emplacements involves reshaping of the waste material to maximise stability and reduce erosion, spreading of soil substrates where required, revegetation and ongoing monitoring and management. The majority of the upper surface of the Waste Emplacement will be rehabilitated to endemic woodland/open forest species as shown on Plan 4. Some of the upper areas of the Waste Emplacement will be revegetated to pasture with scattered trees as shown on Plan 4. These areas will target stocking rates between 1.5 to 4.0 dry sheep equivalents (DSE) per hectare (Section 7). The planned progression of rehabilitated areas from rehabilitation stage (e.g. landform establishment to growth media development) during the MOP term is shown on Plans 3A to 3E. Actual progression will, however, be determined by rehabilitation monitoring results (Section 8). Final landform cross sections are shown on Plans 5A 5C Domain 4D Open Cut Pit (Final Void/Water Storage) The DCM final landform will include partially backfilled final voids located at the Weismantel pit and Clareval pit (Figure 1). The rehabilitation objectives for these final voids are to: minimise the catchment area of the final voids; provide a stable long-term structure; and leave the void surrounds safe and secure (for humans and stray stock)

39 Duralie Coal Mine Mining Operations Plan At the completion of mining, the final voids will be surrounded by pasture and scattered trees (Plan 4). Final landform general arrangement and cross sections are shown on Plans 5A 5C Domain 5E Offset Areas Offset Areas The biodiversity offset strategy for the DCM involves conserving areas of land with existing conservation values and providing active management to maintain and enhance their values. The Offset Areas consist of two biodiversity offset areas (Plan 4). Within the biodiversity offset areas, existing native vegetation communities would be enhanced (approximately 299 ha) and cleared land would be revegetated (approximately ha). The biodiversity offset area will directly links of vegetation to the rehabilitation area. The majority of the Offset Areas are located outside of the MLs (Plan 4). 5.3 REHABILITATION PHASES A summary of the rehabilitation phases proposed for completion at the end of the MOP term is provided in Table 7. Table 7 Summary of Rehabilitation Phases Proposed for Completion at the End of the MOP Term Rehabilitation Phase Infrastructure Area (1B) Water Management Area (2A/2B/2C) Domain Waste Emplacement (3A/3B) Open Cut Pit (Final Void) (4D) Offset Areas Active Mining Area Decommissioning Landform Establishment Growth Medium Development Ecosystem and Land Use Establishment Ecosystem and Land Use Sustainability Relinquished Lands Plans 3A to 3E show the status of the rehabilitation areas (according to the rehabilitation phase) at the end of Years 1 to 5 of the MOP term. The proposed rehabilitation activities during the MOP term are described in Section 7.2. (5E)

40 Duralie Coal Mine Mining Operations Plan 5.4 COAL SHAFT CREEK The current proposed design for the post-mining alignment of Coal Shaft Creek comprises a reworked section of the existing Coal Shaft Creek diversion channel, a drop-down section outside the in-pit waste rock emplacement, and a reconstruction of the creek within a corridor over the in-pit waste rock emplacement at the southern end of the Weismantel open pit extent. Typical sections of the current design are shown on Figure 3. During the MOP term, analyses will be conducted into the geotechnical, hydrological and hydraulic design of the final alignment focussing on long-term stability, seepage management and the creation of habitat. The outcomes of these analyses will inform the final detailed design of the post-mining alignment and reconstruction of Coal Shaft Creek. The current design of the post-mining alignment of Coal Shaft Creek is documented in the Coal Shaft Creek Reconstruction Plan, prepared in accordance with Condition 29(b), Schedule 3 of the NSW Project Approval. The Coal Shaft Creek Reconstruction Plan is included as an attachment of the Surface Water Management Plan (Attachment C of the Water Management Plan). DCPL will undertake a study into the long-term geotechnical stability and maintenance requirements of the proposed drop-down section of the reconstructed Coal Shaft Creek. The results of this study will be incorporated into the final design and post-mining alignment of the reconstructed Coal Shaft Creek. Selection of final form and alignment will be subject to a detailed hydraulic analysis as part of final design, together with an assessment of the likelihood of bed/bank erosion on the outside of bends under a range of flow conditions (Gilbert & Associates, 2010). The conceptual longitudinal channel profile will also include habitat creation initiatives such as the provision of irregular pool and riffle sequences, use of material recovered from the existing channel or some other suitable source, placement of large boulders and/or timber to form pools upstream and promote aquatic habitat and planting of riverine vegetation on banks to enhance stability (Gilbert & Associates, 2010). Following the completion of detailed design, the Coal Shaft Creek Reconstruction Plan will be revised and submitted to the Department of Primary Industries Water for consultation, prior to submission to DP&E for approval

41 RL 55.0m Backfill and Waste Rock Top of Clay Liner* 1 4 3m (min) Top of Clay Liner* Invert 50m (Channel Corridor) 18m Clay Liner (Min Thickness 0.9m) Constructed Using Clay Fill Engineered Fill 3m (min) 4 1 Backfill and Waste Rock *Channel Corridor Clay Liner to extend up batters to RL 55m or 3m(min) vertically from corridor invert (whichever is greater). Depth Varies Typical Channel Corridor Section Base of Pit Excavation 4 1 Over Bank (Outside Bend) 2 1 Main Channel Armouring Stream Bed Backfill Over Bank (Inside Bend) 1 4 Backfill and Waste Rock Clay Liner (Min Thickness 0.9m) Constructed Using Clay Fill Engineered Fill Backfill and Waste Rock Base of Pit Excavation Typical Section - Reconstructed Creek (Bend) 4 1 Backfill and Waste Rock Over Bank Clay Liner (Min Thickness 0.9m) Constructed Using Clay Fill 4 Main Channel 1 1 Engineered Fill 4 Stream Bed Backfill Over Bank 1 4 Backfill and Waste Rock Base of Pit Excavation Typical Section - Reconstructed Creek (Straight) YAN Duralie MOP Amend_006A Source: Allan Watson Associates (2006) DURALIE COAL MINE MOP FIGURE 3 Coal Shaft Creek Reconstruction (Typical Sections)

42 Duralie Coal Mine Mining Operations Plan 6 PERFORMANCE INDICATORS AND COMPLETION CRITERIA The key completion criteria for the DCM (Table 8) are designed to address rehabilitation objectives (Table 4) and incorporate outcomes from the assessment of woodland and pasture rehabilitation. Rehabilitation will need to achieve a standard which satisfies the DRG that DCPL has met rehabilitation undertakings provided in the MOP and RMP and rehabilitation bonds can be released. Table 8 Key Completion Criteria Component Key Completion Criteria Final Landforms Safe, stable, adequately drained post-mining landforms consistent with the surrounding landscape as evidenced by comparative photography, water quality monitoring and geotechnical surveys. Geomorphic stability of drainage features comparable to existing natural drainage features as evidenced by cross-section and long-section surveys and monitoring of erosion. Final Voids Surface water inflows to the final voids minimised through appropriate land forming as evidenced by revision of the water balance based on final as-built mine landforms. Rehabilitation and Revegetation Areas Final voids profiled for long-term stability as evidenced by geotechnical surveys of high walls and end walls. Perimeter bunding formed. Woodland/riparian areas on trajectory towards self-sustaining ecosystem 1 and/or measures of ecosystem function (e.g. vegetation cover, landform stability, species diversity) equivalent to reference sites. Grazing Areas Stocking rates of between 1.5 and 4.0 DSE per ha (average 2.8 DSE) in accordance with Beef Stocking Rates and Farm Size - Hunter Region (DPI, 2006) (Native unimproved pasture moderate fertility [no seed or fertiliser added]) as evidenced by monitoring of grazing productivity. 1 As measured by Landscape Function Analysis (LFA) or a similar systems-based approach. A summary of the rehabilitation objectives, performance indicators and completion criteria relevant to each rehabilitation domain is provided in Table

43 Duralie Coal Mine Mining Operations Plan Table 9 Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Decommissioning Domain 1B Infrastructure Area Infrastructure removal. Identify any contaminated soils associated within the infrastructure areas and rail siding and remediate in accordance with the requirements of the NSW Contaminated Land Management Act, Undertake consultation to confirm any alternative use for retained infrastructure (i.e. rail siding) post-mining. Relevant infrastructure removed (as agreed via consultation). Contaminated soils identified and proposed remediation measures consistent with requirements of the NSW Contaminated Land Management Act, Domain 2A/2B Water Management Area (Backfilled) Water management infrastructure (i.e. pump and pipeline systems) will be dismantled and removed from site and either sold or transferred to another Yancoal site. Sediment control dams will be dewatered to either one of the final voids or transferred offsite for disposal at relevant facility. Undertake consultation to confirm any alternative use for water management infrastructure post-mining. Relevant water management infrastructure dismantled and removed (as agreed via consultation). Sediment control dams dewatered. Consultation complete. Decision made regarding post-mining use of retained infrastructure. Complete removal of relevant infrastructure (as agreed via consultation). Contaminated soils removed and remediation completed in accordance with requirements of the NSW Contaminated Land Management Act, 1997 (which references soil quality criteria [e.g. ph]). Consultation complete. Decision made regarding post-mining use of retained infrastructure. Complete removal of relevant infrastructure (as agreed via consultation). Dewatering of sediment control dams complete. Ongoing consultation. Visual monitoring. Land contamination monitoring (Section 8.2) DEP. The Modification. DEP. The Modification. Link to TARP Progress at Start of MOP No NA Not commenced No NA Not commenced DEP. No NA Not commenced Ongoing consultation. DEP. No NA Not commenced Visual monitoring. DEP. No NA Not commenced Visual monitoring. The Modification. SWMP. No NA Not commenced

44 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Decommissioning (continued) Domain 2A/2B Water Management Area (Backfilled) (continued) Any contaminated sediments in water management structures will be identified and remediated in accordance with the requirements of the NSW Contaminated Land Management Act, Contaminated sediments identified and proposed remediation measures consistent with requirements of the NSW Contaminated Land Management Act, Domain 2C Permanent Water Management Area Permanent water management areas/structures (i.e. permanent diversions, drains and water storages) are stable and safe. Domain 3A/3B Waste Emplacement No spontaneous combustion present in waste emplacements. No indication of material acid generation in areas of waste emplacement cells containing PAF material. The stability of permanent water management structures has been assessed. Presence of spontaneous combustion. ph levels recorded in surrounding groundwater/surface water. Domain 4D Open Cut Pit (Final Void/Water Storage) Cease dewatering open cut pits and remove all associated infrastructure. Infrastructure dismantled and removed. Contaminated sediments removed and remediation completed in accordance with requirements of the NSW Contaminated Land Management Act, 1997 (which references soil quality criteria [e.g. ph]). Structures have been assessed as stable and safe determined by periodic monitoring. No areas of spontaneous combustion identified. Monitoring results show no unusual ph levels recorded in surrounding surface/groundwater. Land contamination monitoring (Section 8.2) Erosion and sediment control monitoring. Section and the SWMP. Spontaneous combustion monitoring (Section 8.2) Groundwater and Surface water monitoring (Section 8.2) DEP. The Modification. DEP. The Modification. Spontaneous Combustion Management Plan. Duralie Coal Mine WMP. Link to TARP Progress at Start of MOP No NA Not commenced No NA Not commenced No N/A Commenced No N/A Commenced Infrastructure removed. Visual monitoring. The Modification. No NA Commenced

45 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Decommissioning (continued) Domain 5E Offset Area Offset Areas will be fenced to restrict access and exclude grazing during revegetation establishment/existing vegetation enhancement phase. The Offset Areas will be protected in perpetuity. Construct fencing around perimeter of offset areas. Undertake consultation with relevant regulatory agencies and landholders to confirm arrangement for protection of the offset areas. Rehabilitation Phase Landform Establishment Domain 1B Infrastructure Area Profile the domain to a free-draining landform. Free-draining landform. Domain 2A/2B Water Management Area (Backfilled) Re-shape embankments and reprofile the domain to a free-draining landform. Free-draining landform. Construction of perimeter fencing complete. Consultation complete. Decision made regarding arrangement for protection of the offset areas. Safe, stable, adequately drained post-mining landforms consistent with the surrounding landscape as evidenced by comparative photography, water quality monitoring and geotechnical surveys. Safe, stable, adequately drained post-mining landforms consistent with the surrounding landscape as evidenced by comparative photography, water quality monitoring and geotechnical surveys. Link to TARP Progress at Start of MOP Visual monitoring. The Modification. No NA Not commenced Complete Ongoing consultation. The Modification. No NA Not commenced Surface water quality monitoring and erosion and sediment control monitoring. Section and the SWMP. Visual monitoring and topographic survey. Surface water quality monitoring and erosion and sediment control monitoring. Section and the SWMP. Visual monitoring and topographic survey. Previously approved RMP. Previously approved RMP. Complete No NA Not commenced No NA Not commenced

46 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Landform Establishment (continued) Domain 2C Permanent Water Management Area Create stable structures. Drainage channel which generally replicates the original meandering geometry of Coal Shaft Creek. Development of a low permeability liner of the final Coal Shaft Creek alignment. Construction of drop down structure(s) as part of the final Coal Shaft Creek alignment. Dams Safety Committee Consulted. Slope design. Sizing design. Channel profile. Channel alignment. Bed slope. Bed permeability. Hydraulic assessment. Free-draining landform. Structures constructed in accordance with approved design. Low longitudinal gradients (i.e. 0.5%). Design to convey 1:100 Average Recurrence Interval intensity rainfall event. Safe, stable drainage channel generally consistent with the surrounding landscape as evidenced by geomorphic and geotechnical surveys. Hydraulic assessment indicates the engineered low permeability liner has an acceptable level of permeability to restrict water movement between Coal Shaft Creek and the waste emplacement. Safe, stable structure as evidenced by qualified engineering design and geotechnical assessment. Link to TARP Progress at Start of MOP N/A DEP. No NA Commenced Coal Shaft Creek Reconstruction Plan. Section 10 and 5.4. SWMP. Coal Shaft Creek Reconstruction Plan. Section 10 and 5.4. SWMP. Coal Shaft Creek Reconstruction Plan. Section 10 and 5.4. SWMP. SWMP. No NA Not commenced SWMP. No NA Not commenced SWMP. No NA Not commenced

47 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Landform Establishment (continued) Domain 3A/3B Waste Emplacement Minimise long-term erosion on waste emplacements. Elevation of waste emplacements constructed in accordance with approved design. Slope of landform. Berm design. Removal of large rocks. Elevation of landform. Domain 4D Open Cut Pit (Final Void/Water Storage) Leave the void surrounds safe (for humans and stray stock) high walls stable. Minimise catchment of final voids. Restrict access. Geotechnical Report completed by suitably qualified person. Up-catchment diversion. Contour drains. Bunding, fencing and/or signage will be installed around perimeter of final voids. Waste emplacements constructed in accordance with approved design. The gradient for waste emplacement slopes will be designed at approximately 1 V:4 H. Drainage on the outer emplacement batters is facilitated via contour drains with a longitudinal grade of 1% flattening to 0.6%. No large rocks present on waste emplacement slopes that prevent the establishment of the final land use. Waste emplacements constructed in accordance with approved design. Highwalls constructed in accordance with approved design. Geotechnical report concludes low risk of highwall failure. Up-catchment diversions and contour drains constructed around final voids in accordance with approved design. Bunding, fencing and/or signage installed and access restricted. Visual monitoring and survey. Visual monitoring and survey. SWMP. Geotechnical assessment. SWMP. Final void water balance and surface water monitoring. Visual monitoring. Previously approved RMP. SWMP. No Link to TARP Yes Table 13 Progress at Start of MOP Commenced The Modification. No NA Commenced The Modification. No NA Commenced The Modification. No NA Not commenced Previously approved RMP. No NA Not commenced

48 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Landform Establishment (continued) Domain 5E Offset Area Enhance existing vegetation and establish new vegetation. Determine requirement for ripping prior to revegetation planting/seeding. Link to TARP Progress at Start of MOP Ripping complete (if necessary). Visual monitoring. BMP. No NA Not commenced. Commenced Rehabilitation Phase Growth Medium Development Domain 1B Infrastructure Area Growth medium developed to sustain proposed postmining vegetation communities (e.g. woodland/open forest). Topsoil depth. Approximately 100 millimetres (mm) to 150 mm topsoil. Visual monitoring and supervision of topsoil spreading. Previously approved RMP. No Yes Table 13 Not commenced Domain 2A/2B Water Management Area (Backfilled) Growth medium developed to sustain proposed postmining vegetation communities (e.g. pasture and scattered trees or woodland/open forest). Topsoil depth. Approximately 100 mm to 150 mm topsoil. Visual monitoring and supervision of topsoil spreading. Successful rehabilitation experience. Monitoring of Landscape Function and Vegetation Structure of rehabilitation areas at the DCM. No Yes Table 13 Commenced Domain 2C Permanent Water Management Area Growth medium established on relevant areas of permanent water management structures (i.e. on embankments of retained dams and permanent Coal Shaft Creek alignment). Topsoil depth. Approximately 100 mm to 150 mm topsoil. Visual monitoring and supervision of topsoil spreading. Successful rehabilitation experience. Monitoring of Landscape Function and Vegetation Structure of rehabilitation areas at the DCM. No Yes Table 13 Commenced

49 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Growth Medium Development (continued) Domain 3A/3B Waste Emplacement Growth medium developed to sustain proposed postmining vegetation communities (e.g. pasture and scattered trees or woodland/open forest). Growth medium is structurally stable to minimise long-term erosion potential. Slopes contour ripped to minimise erosion potential. Other measures described in the RMP implemented as necessary to control erosion. Topsoil depth. Soil fertility test conducted to determine requirement for soil treatments (e.g. lime, gypsum, fertiliser). Monitoring of erosion incidence. Domain 4D Open Cut Pit (Final Void/Water Storage) Perimeter bunds will be revegetated with endemic woodland species upon completion of construction. Topsoil depth. Approximately 100 mm to 150 mm topsoil. Growth medium stable and prepared for planting. Slopes contour ripped and low incidence of erosion on waste emplacement slopes. Approximately 100 mm to 150 mm topsoil placed on perimeter bunds to support revegetation. Visual monitoring and supervision of topsoil spreading. Soil chemistry analysis. Visual monitoring. Erosion and sediment control monitoring. Section and the SWMP. Visual monitoring and supervision of topsoil spreading. Successful rehabilitation experience. Monitoring of Landscape Function and Vegetation Structure of rehabilitation areas at the DCM. Previously approved RMP. Previously approved RMP. Successful rehabilitation experience. Monitoring of Landscape Function and Vegetation Structure of rehabilitation areas at the DCM. No No No Link to TARP Yes Table 13 Yes Table 13 Yes Table 13 Progress at Start of MOP Commenced Commenced Commenced No NA Not commenced

50 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Growth Medium Development (continued) Domain 5E Offset Area Enhance existing vegetation and establish new vegetation. Soil fertility test conducted to determine requirement for soil treatments (e.g. lime, gypsum, fertiliser). Growth medium stable and prepared for planting. Soil chemistry analysis. Previously approved RMP and BMP. Link to TARP Progress at Start of MOP No NA Not commenced. Commenced Rehabilitation Phase Ecosystem and Land Use Establishment Domain 1B Infrastructure Area The domain will be revegetated to woodland/open forest trees via seed and/or tubestock (if required). LFA Soil surface assessment indices. EFA Vegetation dynamics. Suitable EFA reference site selected. EFA results indicate that vegetation is developing similar to that found in the relevant reference site based on measurement of stability, infiltration and nutrient cycle by a suitably qualified expert. EFA (Section 8.1). Previously approved RMP. EFA. The Modification. No Yes Table 13 Not commenced Domain 2A Water Management Area (Backfilled) The domain will be revegetated to pasture, with scattered endemic trees via seed and/or tubestock (if required). LFA Soil surface assessment indices. LFA results indicate that the pasture is developing similar to that found in the relevant reference site. EFA (Section 8.1). Previously approved RMP. EFA. The Modification. No NA Not commenced Domain 2B Water Management Area (Backfilled) The domain will be revegetated to woodland/open forest trees via seed and/or tubestock (if required). LFA Soil surface assessment indices. EFA Vegetation dynamics. Suitable EFA reference site selected. EFA results indicate that vegetation is developing similar to that found in the relevant reference site based on measurement of stability, infiltration and nutrient cycle by a suitably qualified expert. EFA (Section 8.1). Previously approved RMP. EFA. The Modification. No NA Not commenced

51 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Ecosystem and Land Use Establishment (continued) Domain 2C Permanent Water Management Area Permanent water management structures are operating effectively. Some sediment control dams may be retained as farm dams where agreed in consultation with relevant regulatory agencies and landholders. Vegetate banks of final Coal Shaft Creek alignment with riverine vegetation. Domain 3A Waste Emplacement Waste emplacement areas will be revegetated with pasture, with scattered endemic woodland/open forest trees via seed and/or tubestock (if required). Internal geotechnical assessment. Undertake consultation with relevant local landholders and regulatory agencies regarding long-term use of sediment control dams. LFA indices. LFA Soil surface assessment indices. During mine closure phase, internal geotechnical assessment confirms that permanent water management structures are stable and effective. Arrangements confirmed for longterm use of retained sediment control dams and any other dam retained for future agricultural use. Suitable LFA reference site selected. LFA results indicate that vegetation is developing similar to that found in the relevant reference site based on measurement of stability, infiltration and nutrient cycle by a suitably qualified expert. Suitable LFA reference site selected. LFA results indicate that the pasture is developing similar to that found in the relevant reference site based on measurement of stability, infiltration and nutrient cycle by a suitably qualified expert. Geotechnical analysis undertaken as part of Stability Assessment (Section 10). Ongoing consultation. Previously approved RMP. Previously approved RMP. SWMP. Link to TARP Progress at Start of MOP No NA Commenced No NA Not commenced EFA (Section 8.1). SWMP. No NA Not commenced EFA (Section 8.1). Successful rehabilitation experience. Monitoring of Landscape Function and Vegetation Structure of rehabilitation areas at the DCM. No Yes Table 13 Commenced

52 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Ecosystem and Land Use Establishment (continued) Domain 3B Waste Emplacement Waste emplacement areas will be revegetated with woodland/open forest trees via seed and/or tubestock (if required). LFA Soil surface assessment indices. EFA Vegetation dynamics. Domain 4D Open Cut Pit (Final Void/Water Storage) Safe, stable and nonpolluting. Domain 5E Offset Area Enhance existing vegetation and establish new vegetation in accordance with the BMP. Internal geotechnical and water quality assessment. Monitoring of vegetation establishment and enhancement in accordance with the BMP. Rehabilitation Phase Ecosystem and Land Use Sustainability Domain 1B Infrastructure Area (Woodland/Open Forest) Woodland/open forest areas are self-sustaining and on a path towards obtaining comparable flora values with unmined control sites of remnant vegetation. LFA Soil surface assessment indices. EFA Vegetation dynamics. Suitable EFA reference site selected. EFA results indicate that vegetation is developing similar to that found in the relevant reference site based on measurement of stability, infiltration and nutrient cycle by a suitably qualified expert. During mine closure phase, internal geotechnical and water quality assessments confirm that final voids are safe, stable and non-polluting. Monitoring indicates vegetation is maturing and developing characteristics similar to that found in the relevant reference site. EFA results indicate woodland/open forest areas on trajectory towards self-sustaining ecosystem and/or measures of ecosystem function (e.g. vegetation cover, landform stability, species diversity) equivalent to unmined control sites of remnant vegetation. EFA (Section 8.1). Geotechnical analysis undertaken as part of Stability Assessment (Section 10). SWMP. EFA (Section 8.1). EFA (Section 8.1). Successful rehabilitation experience. Monitoring of Landscape Function and Vegetation Structure of rehabilitation areas at the DCM. Previously approved RMP. The Modification. BMP. The Modification. Previously approved RMP. The Modification. No Link to TARP Yes Table 13 Progress at Start of MOP Commenced No NA Commenced No NA Not commenced. Commenced No NA Not commenced

53 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Ecosystem and Land Use Sustainability (continued) Domain 1B Infrastructure Area (Woodland/Open Forest) (continued) Runoff from rehabilitated areas is suitable for discharge off-site Water quality monitoring results. Median water quality for 24 months of data is within 10% of the median values of control catchments 2 and 25% of the 80 th percentile for electrical conductivity (EC), ph and total suspended solids (TSS) and 25% of the 20 th percentile for ph. Domain 2A Water Management Area (Backfilled) (Pasture/Scattered Trees) Areas of pasture, with scattered endemic trees, are suitable for grazing. LFA Soil surface assessment indices. LFA results indicate the pasture areas are on a trajectory towards self-sustaining ecosystems based on measurement of stability, infiltration and nutrient cycle by a suitably qualified expert. Stocking rates between 1.5 and 4.0 DSE per ha. Domain 2B Water Management Area (Backfilled) (Woodland/Open Forest) Woodland/open forest areas are self-sustaining and on a path towards obtaining comparable flora values with unmined control sites of remnant vegetation. LFA Soil surface assessment indices. EFA Vegetation dynamics. EFA results indicate woodland/open forest areas on trajectory towards self-sustaining ecosystem and/or measures of ecosystem function (e.g. vegetation cover, landform stability, species diversity) equivalent to unmined control sites of remnant vegetation. Water quality monitoring. EFA (Section 8.1). EFA (Section 8.1). Link to TARP Progress at Start of MOP SWMP. No NA Not commenced Previously approved RMP. The Modification. Previously approved RMP. The Modification. No NA Not commenced No NA Not commenced 2 Control catchments under consideration include Coal Shaft Creek (pre-mine and post-mine up-catchment of the DCM), Avondale Creek (pre-mine and post-mine up-catchment of Stratford Mining Complex) and/or other adjacent catchments subject to availability of data (e.g. tributaries east of Mammy Johnsons River, Chainy Flat Creek and Coal Creek)

54 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Ecosystem and Land Use Sustainability (continued) Domain 2A/2B Water Management Area Runoff from rehabilitated areas is suitable for discharge off-site Water quality monitoring results. Domain 2C Permanent Water Management Area Safe, stable and nonpolluting. Regulatory (e.g. DRG) assessment at mine closure Domain 3A Waste Emplacement (Pasture/Scattered Trees) Areas of pasture, with scattered endemic trees, are suitable for grazing. LFA Soil surface assessment indices. Domain 3B Waste Emplacement (Woodland/Open Forest) Woodland/open forest areas are self-sustaining and on a path towards obtaining comparable flora values with unmined control sites of remnant vegetation. LFA Soil surface assessment indices. EFA Vegetation dynamics. Median water quality for 24 months of data is within 10% of the median values of control catchments 2 and 25% of the 80 th percentile for EC, ph and TSS and 25% of the 20 th percentile for ph. At mine closure, relevant regulatory agencies (e.g. DTIRIS- DRE) confirm that permanent water management structures are safe, stable and non-polluting. LFA results indicate the pasture areas are on a trajectory towards self-sustaining ecosystems based on measurement of stability, infiltration and nutrient cycle by a suitably qualified expert. Stocking rates between 1.5 and 4.0 DSE per ha. EFA results indicate woodland/open forest areas on trajectory towards self-sustaining ecosystem and/or measures of ecosystem function (e.g. vegetation cover, landform stability, species diversity) equivalent to unmined control sites of remnant vegetation. Water quality monitoring. Link to TARP Progress at Start of MOP SWMP No NA Not commenced Ongoing consultation. SWMP. No NA Not commenced EFA (Section 8.1). EFA (Section 8.1). Previously approved RMP. The Modification. Previously approved RMP. The Modification. No No Yes Table 13 Yes Table 13 Commenced Commenced

55 Duralie Coal Mine Mining Operations Plan Table 9 (Continued) Summary of Rehabilitation Objectives, Performance Indicators and Completion Criteria Objective Performance Indicator Completion Criteria Monitoring Method Justification/Source Complete Rehabilitation Phase Ecosystem and Land Use Sustainability (continued) Domain 3A/B Waste Emplacement Runoff from rehabilitated areas is suitable for discharge off-site Water quality monitoring results. Domain 4D Open Cut Pit (Final Void/Water Storage) Safe, stable and nonpolluting. Regulatory (e.g. DRG) assessment at mine closure Median water quality for 24 months of data is within 10% of the median values of control catchments 2 and 25% of the 80 th percentile for EC, ph and TSS and 25% of the 20 th percentile for ph. At mine closure, relevant regulatory agencies (e.g. DRG) confirm that final voids are safe, stable and non-polluting. Water quality monitoring. Ongoing consultation. Link to TARP Progress at Start of MOP SWMP No NA Not commenced Previously approved RMP. The Modification. No NA Not commenced Domain 5E Offset Area Enhance existing vegetation and establish new vegetation. Long-term land tenure security mechanism in place. EFA indices. Areas of existing remnant vegetation within the Offset areas (299 ha) have been conserved and enhanced ha of revegetated land on a trajectory to a self-sustaining ecosystem. Spatial data monitoring. EFA (Section 8.1). Previously approved RMP. The Modification. Previously approved RMP. The Modification. No NA Not commenced. Commenced No NA Not commenced. Commenced Flora assessment of offset areas and DCM rehabilitation areas. Native vegetation has been established which directly links vegetation areas of the Offset areas with the Rehabilitation area. Spatial data monitoring. Previously approved RMP. No NA Not commenced. Commenced

56 Duralie Coal Mine Mining Operations Plan 7 REHABILITATION IMPLEMENTATION 7.1 REHABILITATION STATUS AT MOP COMMENCEMENT DCPL has successfully undertaken rehabilitation activities at the DCM over approximately 85 ha of the waste rock emplacement (i.e. shaped, covered with topsoil and revegetated). The southern section of the waste rock emplacement is currently under rehabilitation (Plates 1 to 8). This area will continue to be monitored during the MOP term. The following sections detail the current rehabilitation status and the rehabilitation methods which have been implemented successfully and will continue to be implemented at the DCM Infrastructure Area The infrastructure areas are currently active. The existing infrastructure and services at the DCM will continue to be utilised throughout the life of the DCM. During the decommissioning phase, the priority will be to dismantle fixed equipment and infrastructure for removal from site and re-use at another location or recycling. Non-salvageable/non-recyclable and non-contaminated infrastructure will be disposed of at suitable off-site disposal areas (or on-site subject to relevant approvals being obtained). Once all the equipment and infrastructure components have been removed from an area it will be deep ripped, topsoiled and seeded. Some concrete hardstands, administration and ablution buildings, site access roads, sheds, buildings and sediment dams may be retained for alternate post-mining uses. Electricity transmission infrastructure will be retained for future use by landholders unless it is no longer required, in which case it will be decommissioned and removed. The rail siding may also be retained for future infrastructure use if required by relevant stakeholders and if appropriate approvals are obtained. It is anticipated that some of the internal roads will be retained for use by landholders following the cessation of mining, although this will be subject to consultation with relevant landholders during closure planning Water Management Area In consultation with the regulatory authorities and the community, and considering the Karuah River Catchment Management Plan (Great Lakes Council, 2015), future local and regional water infrastructure needs, site water dams (e.g. Mine Water Dam, auxiliary dams) and accompanying upstream diversion structures may be retained for future use. The final uses of the water storages will be addressed through the Mine Closure Plan (Section 10). Sediment dams will remain pending long-term acceptable water quality and may be kept for stock water if suitable. Irrigation infrastructure owned by DCPL will be decommissioned and sold, unless used for post-mining agricultural use

57 Duralie Coal Mine Mining Operations Plan Waste Rock Emplacement Rehabilitation works on the top and outer batters of the north, east and south sections of the southern waste emplacement have been effectively completed. The waste emplacement has been constructed with an overall outer batter slope of approximately 1V:4H. Following the development of drainage structures, the waste rock has been covered with 100 to 150 mm of topsoil. Following topsoil placement, site preparation works have included shallow ploughing along contours, depending on the vegetation type to be established. The waste emplacement has been progressively revegetated with a pasture cover crop. Endemic woodland shrubs and trees have been established on the southern batters of the waste rock emplacement. Plates 1 to 8 provide examples of the successful rehabilitation undertaken at the waste emplacement. The final landform will consist of integrated in-pit and out-of-pit waste rock emplacements. The maximum height of the waste rock emplacement will be approximately 135 m AHD (i.e. similar scale to the existing Tombstone Hill) and include visible relief patterns and principles which are consistent with natural drainage, where practicable. The closure concept and rehabilitation strategy for the waste rock emplacement for the DCM involves: management of PAF material in accordance with existing site practices (i.e. encapsulation within cells of low permeability material or placement of PAF material below the post-mining groundwater table); grading the final surface of the waste rock emplacement to blend in with the natural topography of the area, with an overall outer batter slope of 1 vertical (V):4 horizontal (H); maintenance of operational erosion and sediment controls until establishment of stable final landforms; installation of drainage works and ponds to channel runoff safely to constructed outlet areas; and progressive rehabilitation of outer batters. The native tree and shrub seed mixes for the woodland and forest rehabilitation areas generally includes a selection of the frame species for the representative vegetation communities as shown on Plan 1B. Species pallets are also provided in the BMP. Endemic plant species have been used for revegetation and will predominantly comprise those listed in Table 10. Annual cover crops have been utilised to provide short-term stabilisation to revegetation areas. Review of species mix will occur periodically in alignment with rehabilitation monitoring. Table 10 Indicative Species Used for Native Revegetation Scientific Name Common Name Growth Form Acacia fulva Velvet Wattle Erect Shrub/Tree Allocasuarina torulosa Forest Oak Tree Dodonaea megazyga - Erect Shrub/Tree D. rhombifolia Broad-leaf Hop-bush Erect Shrub Eucalyptus canaliculata Grey Gum Tree E. glaucina Slaty Red Gum Tree E. largeana Craven Grey Box Tree E. punctata Grey Gum Tree

58 Plate 1: Eucalyptus-Acacia directly seeded on lower slope (planted in 2008) Plate 2: Mixed species directly seeded on mid slope (planted in 2010) Plate 3: Acacia directly seeded on upper slope (planted in 2010) Plate 4: Eucalyptus-Acacia directly seeded on upper slope (planted in 2010) Note: Plate Locations are shown on Figure 2 DURALIE COAL MINE MOP PLATES 1-4 Duralie Coal Mine Waste Emplacement Rehabilitation YAN Duralie MOP Amend_002A

59 Plate 5: Eucalyptus-Acacia directly seeded on lower slope (planted in 2011) Plate 6: Native species mix directly seeded on lower flat bench (planted in September 2012) Plate 7: Native species mix directly seeded on lower slope (planted in September 2012) Plate 8: Native species mix directly seeded on lower slope (planted in September 2012) Note: Plate Locations are shown on Figure 2 DURALIE COAL MINE MOP PLATES 5-8 Duralie Coal Mine Waste Emplacement Rehabilitation YAN Duralie MOP Amend_003A

60 Duralie Coal Mine Mining Operations Plan Table 10 (Continued) Indicative Species Used for Native Revegetation Scientific Name Common Name Growth Form E. rudderi Rudder s Box Tree E. tereticornis Forest Red Gum Tree Corymbia maculata Spotted Gum Tree E. crebra Narrow-leaved Ironbark Tree E. tereticornis Forest Red Gum Tree E. paniculata Grey Ironbark Tree E. eugenioides Thin-leaved Stringybark Tree E. moluccana Grey Box Tree Acacia irrorata Green Wattle Erect Shrub/Tree Acacia ulicifolia Prickly Moses Erect Shrub Themeda australis Kangaroo Grass Grass Water Management The top surface of the waste rock emplacement will be designed as an extension of Tombstone Hill and will generally drain towards the south to Coal Shaft Creek. In the northern portion of the waste rock emplacement, drainage from the eastern batter of the waste rock emplacement will drain eastwards towards Mammy Johnsons River. Surface water runoff on the batters of the waste rock emplacement will flow perpendicularly down the slope to the toe of each batter. Stabilising drains will be constructed if required. The slope length of the rehabilitated waste rock emplacements will be constructed in accordance with Managing urban storm water Soils and Construction Volume 1 (Landcom, 2004) as recommended by the independent environmental audit (Trevor Brown & Associates, 2011). Drains will be grass-or rock lined, and will flow to the natural ground surface. Hydraulic control structures may be constructed to minimise erosion potential down the slope to the existing ground level (Woodward-Clyde, 1996). Rock-lined channels (or other appropriate erosion control treatment) will be used at the base of the waste rock emplacement to direct runoff into natural creek lines (e.g. Coal Shaft Creek). Sediment dams downstream of the waste rock emplacements will be maintained until the revegetated surface is stable and the runoff water quality is suitable for release off-site as described in the WMP Weismantel and Clareval Open Pit The Weismantel and Clareval Open Pits are currently active. At the cessation of mining, final voids will remain in the Clareval and Weismantel open pits. Following cessation of Clareval open pit mining activities, the remaining final void will be used to store mine water. Following the completion of mining activities at the DCM, it will be expected that the Clareval final void will continue to fill until an equilibrium level is reached. Similar to the Clareval open pit, the Weismantel open pit will be progressively backfilled with waste rock as the open pit is developed, with a final void remaining to the north. The integrated final rehabilitated landform is shown on Plan 4 and comprises the abovementioned final voids, and the rehabilitated backfilled open pits integrated with rehabilitated out-of-pit waste rock emplacements

61 Duralie Coal Mine Mining Operations Plan A final void water balance model (Gilbert & Associates, 2014) was developed for the combined final voids to predict the long-term behaviour of the final void pit lake. The results of the water balance for the final voids indicate that the voids will slowly fill over time. Water levels will stabilise after about 80 years at a level approximately 14 m below spill level (88 m AHD) (Gilbert & Associates, 2014). The following rehabilitation activities will be undertaken for the final voids: restriction of access via perimeter bunding, fencing and installation of signage; a geotechnical assessment will be undertaken to assess geotechnical stability and provide recommendations for the reshaping of final highwalls and endwalls; and vegetation screens will be established at strategic locations to provide visual screening and additional access control. 7.2 PROPOSED REHABILITATION ACTIVITIES DURING THE MOP TERM This section describes the proposed rehabilitation activities to be undertaken during the MOP term. In accordance with the MOP Guidelines, Table 11 provides a summary of the proposed rehabilitation activities. The proposed rehabilitation activities to be implemented over the MOP term for each domain are described in the sub-sections below Domain 1 Infrastructure Area Approximately 35 ha of the infrastructure area will be rehabilitated during the MOP term (Plan 3E). The middle portions of the infrastructure area will be profiled to final slopes Domain 2 Water Management Area Approximately 2 ha of the water management areas will be rehabilitated during the MOP term

62 Duralie Coal Mine Mining Operations Plan Table 11 Disturbance and Rehabilitation Progression during the MOP Term Year At start of MOP term (1 January 2015) Total Disturbance Area (ha) 1,2 Incremental Rehabilitation Area (ha) 3 Cumulative Rehabilitation Area (ha) 3 Comments/Explanation 395 NA 92 Refer to Section 7.1. Year 1 (31 December 2015) Progressive rehabilitation of waste emplacement. Year 2 (31 December 2016) Approximately 6.3 ha of additional disturbance at the northern end of the Clareval Pit. Approximately 25.5 ha of additional disturbance at the northern end of the Weismantel Pit. Progressive rehabilitation of waste emplacement. Year 3 (31 December 2017) Progressive rehabilitation of waste emplacement. Year 4 (31 December 2018) Approximately 25.5 ha of additional disturbance at the northern end of the Weismantel Pit. Progressive rehabilitation of waste emplacement. Year 5 (31 December 2019) Progressive rehabilitation of waste emplacement. 1 Total disturbance area includes areas of land which are within the Active phase. 2 All Water Management Areas are considered active throughout the MOP term. 3 Total Rehabilitation Area includes areas of land which are within the Landform Establishment and Growth Medium Development, Ecosystem and Land Use Establishment, and Ecosystem and Land Use Sustainability phases Domain 3 Waste Emplacement Approximately 123 ha of the waste emplacement will be rehabilitated during the MOP term (Plan 3E). The middle portions of the waste emplacement will be profiled to final slopes, and drainage structures installed consistent with the RMP. Following the landform establishment, suitable topsoil and subsoil will be placed on the profiled landforms Domain 4 Open Cut Pit Approximately 5 ha of the Open Cut pits will be rehabilitated during the MOP term (Plan 3E) Domain 5 Offset Area In accordance with Condition 42 of Schedule 3 of the Project Approval, DCPL will protect the biodiversity offset area in perpetuity. Areas of existing native vegetation communities will be enhanced (approximately 299 ha), areas of cleared land will be revegetated (approximately ha). Approximately 82 ha of the biodiversity offset area occur within ML The management of the biodiversity offset area will be described in the BMP

63 Duralie Coal Mine Mining Operations Plan 7.3 SUMMARY OF REHABILITATION AREAS DURING THE MOP TERM In accordance with the MOP Guidelines, a summary of the change in size of the areas of rehabilitation within each domain (according the rehabilitation phase) is provided in Table 12. Plans 3A to 3E provide a conceptual view of the status of rehabilitation at the DCM (according to rehabilitation phase) and show the proposed rehabilitation activities during the MOP term. All waste emplacement areas available for rehabilitation will be progressively rehabilitated throughout the MOP term. Table 12 Summary of Domains, Rehabilitation Phases and Areas at Commencement and Completion of MOP Term Primary Domain Infrastructure Area (1) Water Management Infrastructure (2) Secondary Domain Code Rehabilitation Phase Woodland/Open Forest (B) Pasture/Scattered Trees (A) Woodland/Open Forest (B) Permanent Water Management Infrastructure (C) Area at Start of MOP Term (ha) Area at End of MOP Term (ha) 1B Active Decommissioning 0 0 Landform Establishment 0 28 Growth Medium Development 0 7 Ecosystem Establishment 0 0 Ecosystem Development 0 0 Relinquished Lands 0 0 Total A Active 1 0 Decommissioning 0 0 Landform Establishment 0 0 Growth Medium Development 0 0 Ecosystem Establishment 0 0 Ecosystem Development 0 1 Relinquished Lands 0 0 Total 1 1 2B Active 1 0 Decommissioning 0 0 Landform Establishment 0 0 Growth Medium Development 0 0 Ecosystem Establishment 0 0 Ecosystem Development 0 1 Relinquished Lands 0 0 Total 1 1 2C Active Decommissioning 0 0 Landform Establishment 0 0 Growth Medium Development 0 0 Ecosystem Establishment 0 0 Ecosystem Development 0 0 Relinquished Lands 0 0 Total

64 Duralie Coal Mine Mining Operations Plan Table 12 (Continued) Summary of Domains, Rehabilitation Phases and Areas at Commencement and Completion of MOP Term Primary Domain Waste Emplacement (3) Secondary Domain Code Rehabilitation Phase Pasture/Scattered Trees (A) Woodland/Open Forest (B) 3A 3B Active (top surfaces of waste emplacements) Area at Start of MOP Term (ha) Area at End of MOP Term (ha) Decommissioning 0 0 Landform Establishment 0 8 Growth Medium Development 0 0 Ecosystem Establishment 0 13 Ecosystem Development Relinquished Lands 0 0 Total Active (top surfaces of waste emplacements) Decommissioning 0 0 Landform Establishment Growth Medium Development Ecosystem Establishment 0 15 Ecosystem Development Relinquished Lands 0 0 Total Open Cut Pit (4) Final Void (D) 4D Active Decommissioning 0 0 Landform Establishment 0 0 Growth Medium Development 0 0 Ecosystem Establishment 0 0 Ecosystem Development Relinquished Lands 0 0 Total Offset Area (5) Offset Area (E) 5E Active Decommissioning 0 0 Landform Establishment 0 0 Growth Medium Development 0 0 Ecosystem Establishment 0 0 Ecosystem Development 0 0 Relinquished Lands 0 0 Total RELINQUISHMENT PHASE ACHIEVED DURING THE MOP TERM No lands are proposed for relinquishment during the MOP term

65 Duralie Coal Mine Mining Operations Plan 8 REHABILITATION MONITORING AND RESEARCH Rehabilitation is monitored on a regular basis to ensure vegetation is establishing in the rehabilitation areas and to determine the need for any maintenance and/or contingency measures (e.g. supplementary plantings, weed or erosion control). The monitoring also aims to demonstrate the effectiveness of the rehabilitation techniques and track the progression towards achieving the performance and completion criteria. 8.1 REHABILITATION MONITORING AND ECOSYSTEM FUNCTION ANALYSIS Rehabilitation at the DCM was previously conducted in accordance with the RMP (now incorporated into this MOP) and BMP. Visual Monitoring The visual monitoring includes: monitoring of soil erosion status and the effectiveness of erosion control methods; observing drains to determine whether substantial silting of inverts and/or any localised failure of the drain embankment has occurred; assessing germination success and vegetation establishment (diversity and abundance); usage of habitat enhancement features; evaluating the behaviour of placed topsoil; evaluating threats posed to rehabilitated areas posed by weed infestation and feral animals; and opportunistic fauna observations. The visual monitoring provides an early identification of areas requiring remedial planting or other maintenance works to maintain rehabilitation progress. Annual surveys of select revegetation areas will be undertaken by an appropriately qualified and experienced person to review the success of rehabilitation and identify any additional measures required to achieve ongoing rehabilitation success. Regular feral animal and weed control is undertaken over the entire DCM area (including the rehabilitation areas) and will continue as further areas transition into rehabilitation. Ecosystem Function Analysis In-depth monitoring and assessment of the quality and ecological value of woodland rehabilitation will be required prior to lease relinquishment. This assessment will be conducted using EFA. EFA aims to measure the progression of rehabilitation towards self-sustaining ecosystems. EFA has been incorporated into the overall DCM rehabilitation monitoring programme to provide an assessment of landscape functionality. The EFA is comprised of the following components: LFA; vegetation dynamics; and habitat complexity. EFA Analogue Transects have been established in proximal areas to represent the varying landscapes (i.e. slopes and aspects) and target communities planned for each rehabilitation area

66 Duralie Coal Mine Mining Operations Plan During February 2013, Greening Australia (2013) established a total of 20 fixed monitoring transects across a range of rehabilitation areas at the DCM. LFA surveys were conducted at each transect. Vegetation structure was also measured at the same transects. The EFA analysis indicated that soil surface stability (indicating little risk of erosion), water infiltration and nutrient cycling were remarkably high on the southern batters of the waste rock emplacement (i.e. the oldest areas of rehabilitation) (Greening Australia, 2013). DCPL will continue to undertake annual EFA monitoring at the DCM. As rehabilitation progresses, further EFA Revegetation Transects will be established at the DCM in each of the rehabilitation domain areas. The location of each transect will be determined on the basis of representative slope, aspect and target vegetation community in consultation with a suitably qualified specialist. The representativeness of the EFA transects are reviewed during each monitoring round to confirm that transects continue to accurately represent the status of rehabilitation across each of the rehabilitation domains. The results of LFA, vegetation dynamics and habitat complexity monitoring (i.e. EFA) are used at the DCM to monitor progress towards rehabilitation completion and to determine a trajectory towards selfsustaining ecosystems. DCPL will continue to engage a suitably qualified contractor to undertake annual LFA and vegetation structure monitoring at the DCM during the MOP term. A detailed monitoring report is prepared annually that includes a summary of previous monitoring results, results of the current year s monitoring and any planned remedial works, if required. The monitoring results are summarised in the Annual Review which is made available on the Duralie Coal website. 8.2 OTHER REHABILITATION MONITORING Several other monitoring programs designed to ensure the overall objectives of the rehabilitation program are undertaken. These programs are detailed below. Surface Water Monitoring DCPL monitors surface water quality by sampling from monitoring locations in and surrounding the mine site. These locations comprise both streams and water storage structures. Surface water is sampled and analysed on a monthly and event basis, or following a sediment dam spill. Collected waters are analysed for a suite of physical and chemical parameters and the results are reported in the Annual Review along with a comparison to a number of performance indicators and measures. Surface water monitoring is described in the SWMP. This surface water monitoring will continue over the MOP term to confirm that rehabilitated areas are progressing satisfactorily to a final landform which is non-polluting and not adversely affecting offsite water quality

67 Duralie Coal Mine Mining Operations Plan Groundwater Monitoring Groundwater monitoring is undertaken at a suite of monitoring bores located in and around the DCM area. Groundwater monitoring, water level measurements and sample collection, storage and transportation are undertaken in accordance with the procedures outlined in the Murray Darling Basin Groundwater Quality Sampling Guidelines (Murray Darling Basin Commission, 1997). Monitoring is undertaken on a quarterly basis. Monitoring results are reported in the Annual Review along with a comparison to relevant performance indicators A site water balance review is undertaken on an annual basis to monitor the status of inflows (including groundwater inflows to open pits), storage and consumption of final voids. The site water balance review is used to optimise water management performance and enables corrective actions to be implemented, if required. The results of the water balance reviews are reported in the Annual Review Groundwater monitoring on the mine site (including within/surrounding the final voids) will continue during the MOP term to confirm that rehabilitation areas are progressing appropriately towards free draining and non-polluting landforms and to determine whether further remediation work is necessary. Erosion and Sediment Control Monitoring All sediment dams are monitored on a minimum quarterly basis or following receipt of sufficient rain whereby such dams have the potential to spill. Maintenance activities are undertaken on sediment dams as required. Sediment dams are cleaned out when the storage volume is reduced by sediment deposition (i.e. when 30% of storage volume is lost to sediment build up) and inspected after major rainfall events. All overflows and controlled discharges from sediment dams are sampled and analysed. Areas under rehabilitation are stabilised by structural controls such as bench drains and contour banks (as required), to break up effective slope length exposed to erosion. All rehabilitation areas are assessed regularly via visual monitoring of soil erosion status and the effectiveness of erosion control methods (Section 8.1). The visual monitoring identifies any areas of active erosion occurring in the rehabilitation areas and remedial works are undertaken where required. Land Contamination Monitoring During the decommissioning phase, a land contamination assessment will be undertaken at rehabilitation sites to identify any contaminated areas. This assessment will consider the decontamination of areas such as those impacted by carbonaceous material (e.g. coal spillage, coal storage), hydrocarbon spillage (e.g. workshops, fuel storage areas) or sedimentation (e.g. dams which have directly received pit water). All identified contaminated areas will be remediated in accordance with requirements of the NSW Contaminated Land Management Act, 1997 until they are assessed as free of contamination, prior to further rehabilitation commencing at the site. Spontaneous Combustion Monitoring During the decommissioning phase, spontaneous combustion monitoring will be undertaken in relevant domains to identify materials with the potential to spontaneously combust. Following identification, DCPL will commission the removal of the material by suitably qualified personnel prior to further rehabilitation proceeding

68 Duralie Coal Mine Mining Operations Plan Fauna Monitoring Fauna usage of the native woodland/forest rehabilitation areas will be documented over time. Fauna surveys will be conducted every three years to assess the success of the rehabilitation areas in providing habitat for a range of vertebrate fauna

69 Duralie Coal Mine Mining Operations Plan 9 INTERVENTION AND ADAPTIVE MANAGEMENT 9.1 THREATS TO REHABILITATION DCPL has successfully undertaken rehabilitation activities at the DCM with numerous rehabilitation studies and trials (Section 7.1). The Landscape Analysis and Vegetation Structure of Rehabilitation Areas (Greening Australia, 2013) and ERA identified potential issues and risks associated with rehabilitation at the DCM. These threats to rehabilitation are outlined in Table TRIGGER ACTION RESPONSE PLAN A trigger, action, response plan (TARP) (Table 13) has been developed based on identified threats to rehabilitation at the DCM

70 Duralie Coal Mine Mining Operations Plan Table 13 Rehabilitation Trigger Action Response Plan Domain Threat to Rehabilitation Success Trigger Action/Response to Mitigate, Remediate and/or Compensate any Identified Impacts Justification for Action/Response How Impact will be Monitored Notification Protocol Domains 2A and 3A Erosion on steep slopes (e.g. outer batters of waste emplacements) due to overgrazing of pasture or damage from stock. Rehabilitation monitoring indicates active erosion on outer batters. Exclude stock and remediate eroded area. Rest remediated area from continuous grazing to improve long-term stability of the area. Greening Australia s (2013) Monitoring of Landscape Function and Vegetation Structure of Rehabilitation Areas at the DCM. RMP. Successful implementation of action/response at the DCM. Regular visual inspection of rehabilitation area and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review. Continuous grazing on areas revegetated with pasture results in low density, depth and cover of pasture grass, increasing erosion potential (particularly on steep batters of waste emplacement areas or other landforms). Rehabilitation monitoring indicates active erosion and poor revegetation cover. Modify grazing regime to include rest periods. Greening Australia s (2013) Monitoring of Landscape Function and Vegetation Structure of Rehabilitation Areas at the DCM. RMP. Successful implementation of action/response at the DCM. Regular visual inspection of rehabilitation area and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review. Domains 1B, 2B and 3B Dense cover of exotic grasses (e.g. Kikuyu) in un-grazed woodland areas results in suppression of native grasses. Rehabilitation monitoring indicates low species diversity and dominance of exotic grasses. Discontinue use of Kikuyu/remove from seed mix. Increase number of native grass species in seed mix. Re-seed relevant areas with native grass species (i.e. Themeda australis). Greening Australia s (2013) Monitoring of Landscape Function and Vegetation Structure of Rehabilitation Areas at the DCM. RMP. Regular visual inspection of rehabilitation areas and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review. Domains 1B, 2A/2B, 3A/3B and 5E Direct-seeding of Eucalypt species is an ineffective method to achieve long-term development of resilient Eucalypt trees. Rehabilitation monitoring indicates poor/slow growth and development of Eucalypt trees. Revegetation methods to include both direct-seeding and planting of tubestock (particularly for Eucalypt tree species). Greening Australia s (2013) Monitoring of Landscape Function and Vegetation Structure of Rehabilitation Areas at the DCM. RMP. Regular visual inspection of rehabilitation area and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review

71 Duralie Coal Mine Mining Operations Plan Table 13 (Continued) Rehabilitation Trigger Action Response Plan Domain Threat to Rehabilitation Success Trigger Action/Response to Mitigate, Remediate and/or Compensate any Identified Impacts Justification for Action/Response How Impact will be Monitored Notification Protocol Domains 1B, 2A/2B, 3A/3B and 5E Species diversity and/or density in rehabilitation areas do not correspond with reference site(s). During ecosystem establishment and sustainability phase, monitoring indicates that species diversity and/or density in some areas does not correspond with reference site(s). Conduct additional plantings or further actions following planting such as application of fertiliser or watering of rehabilitation areas. Obtain expert opinions if required. RMP (this MOP). Regular visual inspection of rehabilitation area and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review. Severe drought results in loss of vegetation and failure of rehabilitation area. Rehabilitation monitoring indicates revegetation species failure as a result of drought conditions. Species selection consistent with species native to area. Monitoring of rehabilitation following any prolonged dry periods and watering and/or replanting of seeds as necessary. Successful implementation of action/response at the DCM. Regular visual inspection of remediated area and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review. Flooding results in loss of vegetation and failure of rehabilitation area. Rehabilitation monitoring indicates significant erosion in rehabilitation area as a result of flooding and loss of revegetation. Design final landforms (e.g. slopes), structures to minimise impacts from heavy rainfall/flooding. Monitoring of rehabilitation areas following any major rainfall event and re-stablisation of any landforms and/or replanting of seeds as necessary. WMP. Successful implementation of action/response at the DCM. Regular visual inspection of remediated area and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review. Fire results in loss of vegetation and failure of rehabilitation area. Occurrence of bushfire in rehabilitation area results in loss of revegetation. Species selection consistent with species native to area that are fire-tolerant. Implementation of fire prevention measures in rehabilitation area and surrounds. BMP. Successful implementation of action/response at the DCM. Regular visual inspection of remediated area and ongoing rehabilitation monitoring using LFA methodology. Reporting in Annual Review. Exploration activities results in loss of vegetation and failure of rehabilitation area. Rehabilitation monitoring indicates revegetation is damaged resulting in failure of rehabilitation area. Implement relevant impact avoidance measures in accordance with approved Surface Development Notice (SDN), Review of Environmental Factors (REF), BMP and RMP. Monitoring of rehabilitation areas following exploration and replanting of seeds as necessary. SDN. REF. BMP. RMP (this MOP). Successful implementation of action/response at the DCM. Visual inspection of remediated area following exploration activities. Reporting in Annual Review

72 Duralie Coal Mine Mining Operations Plan Table 13 (Continued) Rehabilitation Trigger Action Response Plan Domain Threat to Rehabilitation Success Trigger Action/Response to Mitigate, Remediate and/or Compensate any Identified Impacts Justification for Action/Response How Impact will be Monitored Notification Protocol Domain 2C Rainfall/flooding results in failure of permanent Coal Shaft Creek alignment. Monitoring indicates failure of permanent Coal Shaft Creek alignment. Geotechnically stable design of permanent Coal Shaft Creek alignment to minimise impacts from heavy rainfall/flooding. Monitoring of permanent Coal Shaft Creek alignment following any major rainfall event and re-stabilisation of any landforms and/or replanting seeds as necessary. WMP. Regular visual inspection of permanent Coal Shaft Creek alignment. Reporting in Annual Review

73 Duralie Coal Mine Mining Operations Plan 10 MINE CLOSURE PLANNING PROGRAM This section details the mine closure planning program, which outlines the technical and environmental assessments required to inform final rehabilitation planning and closure of the DCM. The planning program (Table 14) is designed to inform the preparation of a detailed Mine Closure Plan, which is required to be prepared and submitted to the DRG prior to the expiry of this MOP term (i.e. prior to 31 December 2019). The technical assessments defined in the mine closure planning program have been informed by the key risks associated with rehabilitation and mine closure of the DCM, including the key risks and risk reduction strategies outlined in the contemporary environmental risk assessment (Section 3.1). Table 14 Mine Closure Planning Schedule Stakeholder engagement Section Assessment/Study/Design Work Completion Date Approval relinquishment Water management and final void water balance Final void water quality Communicate with the community consultative committee regarding the process for stakeholder engagement during mine closure. Consideration of timing and process of relinquishing approvals following mine closure (e.g. EPL, Development Consent and MLs). Prepare a detailed final void design which includes water qualities/equilibrium level and considers surface water runoff and drainage. Review the site water balance to ensure the balance incorporates the final landform design, surface water inflows and outflows to/from final void. Review/update the site groundwater model to ensure the model is consistent with the final landform design. Prepare a strategy for transferring mine water from the prescribed dams back to the final voids. Review the medium to long term water quality predictions of the final void against available monitoring data to determine the need for additional/alternate management. Landforms Undertake a Stability Assessment of all drainage features, water management areas and rehabilitated waste emplacements, to identify any works required to ensure stability in the final landform. Rehabilitation Resources Coal Shaft Creek Reconstruction Undertake a Geotechnical Assessment of the final voids to ensure the final landform designs are safe, stable & nonpolluting. Undertake an annual material balance for required rehabilitation materials (such as topsoil, inert capping material [i.e. NAF material] and clay for the Coal Shaft Creek Reconstruction). To be repeated annually. Commission and undertake a detailed final design of the Coal Shaft Creek final re-alignment and reconstruction. Update Coal Shaft Creek Reconstruction Plan for consultation. Establish biodiversity values for the reconstructed Coal Shaft Creek in consultation with relevant agencies, to ensure biodiversity outcomes are the same or better than pre-mining levels. Refer Section 5.4 for more detail. 28 February February August August August August February

74 Duralie Coal Mine Mining Operations Plan Table 14 (Continued) Mine Closure Planning Schedule Section Assessment/Study/Design Work Completion Date Human Resources Commence preparation of a human resources strategy to identify opportunities to stage the release of employees and to support redeployment where appropriate. Community Commence preparation of a community management strategy to minimise any adverse socio-economic effects of mine closure. Management Plans Review and update as required existing management plans for the rehabilitation stage of operations. Monitoring and Maintenance Identify post-closure environmental monitoring requirements. Identify post-closure maintenance requirements such as noxious weed & feral animal control, exclusion or control of grazing animals, control of public access, fire management and maintenance of safety signage/fencing. Carry out a monitoring program to validate prior placement of PAF/NAF materials within the waste dumps. Infrastructure Identify infrastructure not required to support mine closure and develop removal strategy/timing. Undertake consultation to confirm any alternative use for retained infrastructure (i.e. internal roads, access tracks, water storages and dams) post-mining. Biodiversity Offset Assess the completion of the biodiversity offsets to ensure integration with the rehabilitated mining areas for providing wildlife corridors. Mine Water Dams Prepare a strategy for decommissioning of the mine water dams or for integration with the final land use, with consideration of future approvals or mine closure requirements in consultation with relevant agencies (e.g. Dam Safety Committee). The above strategy will include consideration of assessments and approvals required for all dams (i.e. non mine water dams) proposed to be retained including an assessment of the dam catchments and harvestable rights. Contaminated Land Undertake a contaminated lands assessment focusing on infrastructure areas to identify any remediation requirements. 28 February February February August September September September 2019 Next MOP term

75 Duralie Coal Mine Mining Operations Plan 11 REPORTING Annual Review A review of DCPL s compliance with all conditions of the Project Approval, mining leases and all other approvals and licences will be undertaken prior to (and included within) each Annual Review. The Annual Review will be made publicly available on the Duralie Coal website ( Website and Community Call Line DCPL s website provides updates on assessments and approvals relevant to the DCM and provides access to relevant environment and community information. DCPL has established a dedicated Complaints Line ( ) that is available 24 hours, seven days per week for community members who have enquiries or who wish to lodge complaints in relation to DCPL s activities at the DCM. A summary of complaints is documented in the Annual Review and regularly made available on the Duralie Coal website. Non-Compliances with Statutory Requirements Compliance with all approvals, plans and procedures will be the responsibility of all personnel (staff and contractors) employed on or in association with the DCM. The Environment and Community Manager will have oversight of inspections and internal audits, initiate directions identifying any remediation/rectification work required, and areas of actual or potential non-compliance. Incidents An incident is defined as a set of circumstances that causes or threatens to cause material harm to the environment, and/or breaches or exceeds the limits or performance measures/criteria in the Project Approval. The reporting of incidents will be conducted in accordance with Condition 6 of Schedule 5 of the Project Approval DCPL will notify the DP&E, at the earliest opportunity, and any other relevant agencies of any incident at the DCM that has caused, or threatens to cause, material harm to the environment. For any other incident associated with the DCM, DCPL will notify the DP&E and any other relevant agencies as soon as practicable after DCPL becomes aware of the incident. Within seven days of the date of the incident, DCPL will provide the DP&E and any relevant agencies with a detailed report on the incident (as requested), and such further reports as may be requested

76 Duralie Coal Mine Mining Operations Plan 12 PLANS The following plans relevant to this MOP have been prepared in consideration of the Plan requirements in the MOP Guidelines: Plan 1A Duralie Coal Mine Locality; Plan 1B Pre-Mining Environment Natural Environment; Plan 1C Pre-Mining Environment Built Environment; Plan 2 Rehabilitation Domains at Commencement of MOP; Plan 3A Mining and Rehabilitation 2015; Plan 3B Mining and Rehabilitation 2016; Plan 3C Mining and Rehabilitation 2017; Plan 3D Mining and Rehabilitation 2018; Plan 3E Mining and Rehabilitation 2019; Plan 4 Conceptual Post-Rehabilitation Final Landform and Domains; Plan 5A General Arrangement Post Mining; Plan 5B Conceptual Sections of the Gloucester Basin Post-Mining; and Plan 5C Cross Section of Final Voids Post-Mining; These plans are attached to this MOP

77 Duralie Coal Mine Mining Operations Plan 13 REVIEW AND IMPLEMENTATION OF THE MOP 13.1 REVIEW OF THE MOP The rehabilitation principles and targets described in this MOP will continue to be tracked via DCPL s internal review and tracking systems and the reporting and auditing mechanisms described in Section 11. Any proposed changes to the MOP that would potentially require an amendment to this MOP would be discussed with the DRG in accordance with the MOP Guidelines. The results of environmental performance monitoring undertaken during the MOP term will contribute to refining future MOPs IMPLEMENTATION A general overview of the responsibility of DCPL personnel in regard to the monitoring, review and implementation of this MOP is provided in Table 15 below. Table 15 Site Environmental and Mining Management Relevant to Implementation of this MOP Environmental Management Team Member (s) Role and Responsibility Operations Manager Provide adequate resourcing to support site environmental management. Superintendent Mining and Engineering Manager Environment and Community General Staff and Contractors Provide strategic direction. Overall site management responsibility. Responsible for, review and implementation of planning and engineering aspects of MOP. Overall site management responsibility. Responsible for site environmental monitoring, including external consultant monitoring and reporting. Responsible for monitoring, review and implementation of environmental aspects of MOP. Annual internal auditing and reporting (Annual Review). Responsible for management of mining contractors and DCPL staff. Responsible for the environmental performance of activities undertaken within mining area. Responsible for monitoring, review and implementation of environmental aspects of MOP. Responsible for review of environmental aspects of MOP. Monitoring and management of environmental compliance. Ongoing environmentally related approvals and planning. Responsible for site environmental monitoring. Management of the implementation and compliance with Environmental Management Plan, approvals, licensing and permits. Annual internal auditing and reporting (Annual Review). Progressive rehabilitation planning, development and reporting. External government and community consultation. Responsible for community enquiry and initiatives management. All general staff members trained in environmental procedures and protocols as part of the induction process and site meetings. All general staff members responsible for immediately reporting environmental incidents. All general staff members responsible for undertaking works in an environmentally sound manner and in accordance with relevant site commitments, management plans and regulatory approvals

78 Duralie Coal Mine Mining Operations Plan 14 REFERENCES Australian Museum Consulting (2014) Duralie Open Pit Modification Fauna Assessment. Department of Environment and Climate Change (2008) Waste Classification Guidelines Part 1: Classifying Waste. Department of Industry, Tourism and Resources (2006) Leading Practice Sustainable Development Program for the Mining Industry Mine Rehabilitation. Department of Primary Industries (1997) MDG1010 Risk Management Handbook for the Mining Industry. May, Department of Primary Industries (2006) Beef Stocking rates and Farm Size Hunter Region. Department of Trade and Investment, Regional Infrastructure and Services Division of Resources and Energy (2013) ESG3: Mining Operations Plan (MOP) Guidelines, September Duralie Coal Pty Ltd (2012) Waste Management Plan. Duralie Coal Pty Ltd (2013a) Water Management Plan. Duralie Coal Pty Ltd (2013b) Irrigation Management Plan. Duralie Coal Pty Ltd (2013c) Rehabilitation Management Plan. Duralie Coal Pty Ltd (2014) Duralie Open Pit Modification Environmental Assessment. Environmental Geochemistry International Pty Ltd (2009) Duralie Extension Project Geochemical Assessment of Overburden and Floor Rock. FloraSearch (2014) Duralie Open Pit Modification Flora Assessment. Gilbert & Associates Pty Ltd (2010) Appendix A Duralie Extension Project Surface Water Assessment. Report prepared for Duralie Coal Pty Ltd. Gilbert & Associates Pty Ltd (2014) Appendix D Duralie Open Pit Modification Surface Water Assessment. Report prepared for Duralie Coal Pty Ltd. Great Lakes Council (2015) Karuah River Catchment Management Plan. Greening Australia (2013) Monitoring of Landscape Function and Vegetation Structure of Rehabilitation Areas at the Duralie Coal Mine. Landcom (2004) Managing urban storm water Soils and Construction Volume 1. SP Solutions (2009) Duralie Extension Project Environmental Risk Assessment. Trevor Brown & Associates (2011) Independent Environmental Review Duralie Coal Mine. Woodward-Clyde (1996) Surface Water Resources Report. Appendix Ea in Duralie Coal Pty Ltd (1996) Duralie Coal Environmental Impact Assessment

79 Duralie Coal Mine Mining Operations Plan 15 ABBREVIATIONS AND ACRONYMS AMC AQMP AS BMP BLMP CCC DCM DCPL DEP DP&E DPI DSE Australian Museum Consulting Air Quality & Greenhouse Gas Management Plan Australian Standards Biodiversity Management Plan Blast Management Plan Community Consultation Committee Duralie Coal Mine Duralie Coal Pty Ltd Duralie Extension Project NSW Department of Planning and Environment NSW Department of Planning and Infrastructure dry sheep equivalents DTIRIS-DRE NSW Department of Trade and Investment, Regional Infrastructure and Services Division of Resources and Energy EC EPA Electrical Conductivity NSW Environment Protection Agency EPBC Act Commonwealth Environment Protection and Biodiversity Conservation Act, 1999 EPL ERA GBFMP GLC GWMP H ha HMP IMP km LFA m m 3 Mbcm mm MOP Mtpa MWD NAF NMP NOW Environment Protection Licence Environmental Risk Assessment Giant Barred Frog Management Plan Great Lakes Council Groundwater Management Plan horizontal hectares Heritage Management Plan Irrigation Management Plan kilometres landscape function analysis metres cubic metres million bank cubic meters millimetres Mining Operations Plan million tonnes per annum Main Water Dam non-acid forming Noise Management Plan NSW Office of Water

80 Duralie Coal Mine Mining Operations Plan NSW NZS PAF REF RMP ROM SDN SWB SWMP TARP New South Wales New Zealand Standards potentially acid forming Review of Environmental Factors Rehabilitation Management Plan run-of-mine Surface Development Notice Site Water Balance Surface Water Management Plan trigger, action, response plan The Modification Duralie Open Pit Modification Environmental Assessment 2014 The MOP ESG3: Mining Operations Plan (MOP) Guidelines, September 2013 Guidelines TSC Act NSW Threatened Species Conservation Act, 1995 TSS V WAMP WMP total suspended solids vertical Water Management Plan Waste Management Plan

81 Duralie Coal Mine Mining Operations Plan PLANS

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83 WA Y s Martin LEGEND Mining Lease Boundary Approximate Extent of Existing/Approved Surface Development Approved Up-catchment Diversion System Approved First Flush Protocol Pump Back System Offset Area g Crossin d Roa THE 4 Soil DM2 DM3 A 1 1 A Bla ck DM11 A A DM9 M L A 2a 3 2a 4 Coa l Groom 1 A 1 1DM5 2a Northern A Offset 1 Area 1 A 1 1 A eek Cr A 1 ACr eek1 42 AL 1 A M A THE PEACH TREE A ER A 5 Roa d RIV Roa d A 2bMOUNTAIN A 5 7A 1 2d A 5 2b A BUCKETT 8 2d 9 A 5 A Creek 1 Southern Offset Area 1 UAH KAR MA MM Y WAY 6 2b DM8 RIVER YAN Duralie MOP Amend_201A 2b 2b 9 2d A 2b 9 A DURALIE 9 6 2d 9 9 A 2d Metres GRID DATUM MGA 94 ZONE 56 A 2c 8 A 3 3 2c A Source: FloraSearch (2014); DCPL (2014); AAHatch Aerial Photography flown April 2009 and July d A 1000 * DM7 Johnsons Access S S S ON JOHN A 0 2b 3 A A A A 2c ll A b Hi A 3 A 1 e 3 A A 2b A t on A 2b 2d 2c A 6 bs A A A A m To A RI VE R Road A 6 DM6 1 A 1 A DM1 4 Shaft Creek 3 1 B A ns nso B Joh 1 JOHNSONS 1 B DM10 2a 2a DM4 VEGETATION MAPPING - FloraSearch 2014 Survey Plant Community Type Spotted Gum - Grey Ironbark Open Forest 1 Grey Box - Forest Red Gum - Grey Ironbark Open Forest 2 Grey Myrtle - Flintwood Dry Rainforest 3 Map Units Derived Grassland A Acacia Regeneration B VEGETATION COMMUNITIES - Ecobiological (2009a and b) and Cenwest Environmental Services & Resource Strategies (2009) Spotted Gum - Red Ironbark - Thick-leaved Mahogony Forest 1 2a-2d Spotted Gum - Grey Ironbark - Thick-leaved Mahogony Forest Red Gum Grassy Woodland 3 Grey Gum - Red Gum - Apple Riparian Forest 4 Cabbage Gum Floodplain Forest - River-Flat Eucalypt Forest 5 on Coastal Floodplains Endangered Ecological Community 6 CreekRiparian Closed Forest - Lowland Forest on Floodplain Endangered Ecological Community Stringybark - Paperbark Forest 7 Dry Gully Rainforest 8 Blue Gum Moist Forest 9 Map Units 10 2d A Derived Grassland 8 B Cropping RANG E A BUCK LEYS TTS MAMMY Cree k CKE o ad BU Mon kera i Aboriginal Heritage Salvaged Aboriginal Heritage Site Aboriginal Heritage Site Non-Aboriginal Heritage Item R Durallie PLAN 1B C O 2bA L 9 Pre-Mining Environment Natural Environment M I 2d NE MOP A

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93 Extent of Duralie Coal Mine at Completion Elevation (m) Buckleys Range Mammy Johnsons River The Bucketts Way A Waste Rock Emplacement km 1 A 1 Section A - A (Looking South-East) (Refer to Plan 5A) Extent of Duralie Coal Mine at Completion Elevation (m) 500 Mammy Johnsons River The Bucketts Way Existing Waste Rock Emplacement Weismantel Open Pit 0 B km 1 Section B - B (Looking South-West) (Refer to Plan 5A) B 1 YAN Duralie MOP Amend_004A LEGEND Section of Plan 5A Background Topography of Section (to approximately 4 km) Source: Marc & Co (2014) DURALIE COAL MINE MOP PLAN 5B Conceptual Sections of the Gloucester Basin Post-Mining

94 Approximate Pre-mining Ground Level Weismantel Seams Cheer-up Seams Elevation (m) Clareval Seams Base of Pit during Mining Duralie Seams -350 Fault Fault m Section C - C 1 Source: DCPL (2014) DURALIE COAL MINE MOP PLAN 5C Cross-Section of Final Voids Post-Mining YAN Duralie MOP Amend_005A

95 Duralie Coal Mine Mining Operations Plan ATTACHMENT 1 DURALIE COAL MINE PROJECT APPROVAL (08_0203)

96 Annexure A Project Approval Section 75J of the Environmental Planning and Assessment Act 1979 The Land and Environment Court of New South Wales approves the project application referred to in Schedule 1, subject to the conditions in Schedules 2 to November 2011 SCHEDULE 1 Application Number: 08_0203 Proponent: Duralie Coal Pty Limited Land: See Appendix 1 Project: Duralie Extension Project November 2012 Modification in Blue December 2014 Modification in Red

97 TABLE OF CONTENTS DEFINITIONS 2 SCHEDULE 2: ADMINISTRATIVE CONDITIONS Obligation to Minimise Harm to the Environment Terms of Approval Limits on Approval Surrender of Consents Structural Adequacy Demolition Operation of Plant and Equipment Staged Submission of any Strategy, Plan or Program Contributions to Council SCHEDULE 3: ENVIRONMENTAL PERFORMANCE CONDITIONS Acquisition Upon Request Noise Blasting Air Quality & Greenhouse Gas Meteorological Monitoring Soil & Water Biodiversity Heritage Transport Visual Waste Bushfire Management Rehabilitation SCHEDULE 4: ADDITIONAL PROCEDURES Notification of Landowners Independent Review Land Acquisition SCHEDULE 5: ENVIRONMENTAL MANAGEMENT, REPORTING AND AUDITING Environmental Management Reporting Auditing Access to Information APPENDIX 1: SCHEDULE OF LAND APPENDIX 2: PROJECT LAYOUT PLANS APPENDIX 3: LAND OWNERSHIP PLANS APPENDIX 4: IRRIGATION AREA APPENDIX 5: OFFSET STRATEGY APPENDIX 6: HERITAGE SITES APPENDIX 7: INDICATIVE LOCATION OF VISUAL SCREEN ON BUCKETTS WAY APPENDIX 8: CONCEPTUAL REHABILITATION PLAN APPENDIX 9: STATEMENT OF COMMITMENTS

98 DEFINITIONS Annual Review The review required by Condition 3 in Schedule 5 ARTC Australian Rail Track Corporation BCA Building Code of Australia CCC Community Consultative Committee Conditions of this approval Conditions contained in Schedules 2 to 5 inclusive CPI Consumer Price Index Day The period from 7am to 6pm on Monday to Saturday, and 8am to 6pm on Sundays and Public Holidays Department Department of Planning and Environment DRE Division of Resources and Energy within DTIRIS DTIRIS Department of Trade and Investment, Regional Infrastructure and Services EA Environmental Assessment titled Duralie Extension Project, dated January 2010, as modified by the associated response to submissions dated 25 March 2010 and 12 July 2010 and the correspondence by or on behalf of the Proponent dated 12 March 2010, 9 April 2010, 30 June 2010, 12 and 19 July 2010 and 31 August 2010 EA (Mod 1) Environmental Assessment titled Duralie Rail Hours Modification, dated April 2012 and associated response to submissions dated 17 May 2012 and 24 May EA (Mod 2) Environmental Assessment titled Duralie Open Pit Modification, dated July 2014 and associated response to submissions dated August 2014 EP&A Act Environmental Planning and Assessment Act 1979 EP&A Regulation Environmental Planning and Assessment Regulation 2000 EPA Environment Protection Authority EPL Environment Protection Licence Evening The period from 6pm to 10pm Exceptional Circumstances Circumstances when ARTC determines that the shuttle train must operate on the North Coast railway between midnight and 1am because there have been significant disruptions to the services on the railway over the last 12 hours or where there have been power outages at either the Stratford or Duralie mines that have materially affected the operation of the shuttle train on the North Coast railway Feasible Feasible relates to engineering considerations and what is practical to build or carry out GLC Great Lakes Council GSC Gloucester Shire Council Incident A set of circumstances that causes or threatens to cause material harm to the environment, and/or breaches or exceeds the limits or performance measures/criteria in this approval Irrigation Area The irrigation area depicted in the figure in Appendix 4 Land In general, the definition of land is consistent with the definition in the EP&A Act. However, in relation to noise and air quality conditions in Schedules 3 and 4 it means the whole of a lot, or contiguous lots owned by the same landowner, in a current plan registered at the Land Titles Office at the date of this approval. Material harm to the environment Actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial Mine Water Water that accumulates within active mining areas and infrastructure areas, synonymous with dirty water Mining Operations Includes the removal of overburden and the extraction, processing, handling, storage and transportation of coal Minister Minister for Planning & Environment, or delegate Mitigation Activities associated with reducing the impacts of the project Negligible Small and unimportant, such as to not be worth considering Night The period from 10pm to 7am on Monday to Saturday, and 10pm to 8am on Sundays and Public Holidays NOW NSW Office of Water within the Department of Primary Industries OEH Office of Environment and Heritage Offset area The land covered by the Offset Strategy Offset strategy The biodiversity conservation and enhancement program described in the EA and depicted generally in the figure in Appendix 5; as well as the implementation of the offset that was required under the previous development consent for the mine (DA168/99), which is also depicted generally in the figure in Appendix 5. The obligations in the offset strategy do not extend to buildings and infrastructure 2

99 complexes, formed roads, the railway, water bodies and road easements that occur within the offset area that existed on the date of this approval. POEO Act Protection of the Environment Operations Act 1997 Privately-owned land Land that is not owned by a public agency or a mining company (or its subsidiary) Project The development described in the EA Proponent Reasonable Rehabilitation Duralie Coal Pty Limited, or its successors Reasonable relates to the application of judgement in arriving at a decision taking into account: mitigation benefits, cost of mitigation versus benefits provided, community views and the nature and extent of potential improvements The treatment or management of land disturbed by the project for the purpose of establishing a safe, stable and non-polluting environment Remediation Activities associated with partially or fully repairing, or controlling the environmental consequences of this impact RMS Roads and Maritime Services Secretary Secretary of the Department, or nominee Site The land listed in Appendix 1 Statement of Commitments The Proponent s commitments in Appendix 9 Surface development area The approximate area of incremental major surface development (including open pit, waste rock emplacement, soil stockpiles and Auxillary Dam No. 2 embankment raise and inundation areas) that would result from the approval of the Duralie Extension Project as shown in Appendix 2. 3

100 SCHEDULE 2 ADMINISTRATIVE CONDITIONS OBLIGATION TO MINIMISE HARM TO THE ENVIRONMENT 1. The Proponent shall implement all reasonable and feasible measures to prevent and/or minimise any material harm to the environment that may result from the construction, operation or rehabilitation of the project. TERMS OF APPROVAL 2. The Proponent shall carry out the project generally in accordance with the: (a) EA; (a1) EA (Mod 1); (a2) EA (Mod 2); (b) statement of commitments; and (c) conditions of approval Notes: The general layout of the project is shown in Appendix 2; and The statement of commitments is reproduced in Appendix 9 3. If there is any inconsistency between the above documents, the most recent document shall prevail to the extent of the inconsistency. However, the conditions of this approval shall prevail to the extent of any inconsistency. 4. The Proponent shall comply with any reasonable requirement/s of the Secretary arising from the Department s assessment of: (a) any reports, strategies, plans, programs, reviews, audits or correspondence that are submitted in accordance with this approval; and (b) the implementation of any actions or measures contained in these documents. LIMITS ON APPROVAL 5. The Proponent may carry out mining operations on site until 31 December Note: Under this approval, the Proponent is required to rehabilitate the site and carry out additional undertakings to the satisfaction of both the Secretary and the Director-General of DTIRIS. Consequently, this approval will continue to apply in all other respects other than the right to conduct mining operations until the rehabilitation of the site and these additional undertakings have been carried out satisfactorily. 6. The Proponent shall not extract more than 3 million tonnes of coal from the site in a calender year. 7. The Proponent shall ensure that: (a) all coal is transported from the site by rail; (b) no more than 5 laden trains leave the site each day; and (c) no more than 4 laden trains leave the site each day, when averaged over a 12 month period. 8. The Proponent shall: (a) only dispatch shuttle trains from the site between 6am and 10pm; (b) only receive shuttle trains on site between 6am and midnight; and (c) only operate shuttle trains on the North Coast railway between midnight and 1am in exceptional circumstances. 8A. Within 12 hours of operating shuttle trains on the North Coast railway between midnight and 1am in exceptional circumstances, the Proponent shall provide a detailed explanation of the exceptional circumstances on its website. SURRENDER OF CONSENTS 9. By the end of December 2011, or as otherwise agreed by the Secretary, the Proponent shall surrender all existing development consents for the site in accordance with Section 104A of the EP&A Act. 10. Prior to the surrender of these consents, the conditions of this approval shall prevail to the extent of any inconsistency with the conditions of these consents. 4

101 STRUCTURAL ADEQUACY 11. The Proponent shall ensure that all new buildings and structures, and any alterations or additions to existing buildings and structures, are connected in accordance with the relevant requirements of the BCA. Notes: Under Part 4A of the EP&A Act, the Proponent is required to obtain construction and occupation certificates for the proposed building works; and Part 8 of the EP&A Regulation sets out the requirements for the certification of the project. DEMOLITION 12. The Proponent shall ensure that all demolition work is carried out in accordance with Australian Standard AS : The Demolition of Structures, or its latest version. OPERATION OF PLANT AND EQUIPMENT 13. The Proponent shall ensure that all the plant and equipment used on site, or to transport coal from the site is: (a) maintained in a proper and efficient condition; and (b) operated in a proper and efficient manner. STAGED SUBMISSION OF ANY STRATEGY, PLAN OR PROGRAM 14. With the approval of the Secretary, the Proponent may submit any strategy, plan or program required by this approval on a progressive basis. Note: While any strategy, plan or program may be submitted on a progressive basis, the Proponent will need to ensure that the operations on site are covered by suitable strategies, plans or programs at all times. 15. Until they are replaced by an equivalent strategy, plan or program approved under this approval, the Proponent shall continue to implement the existing strategies, plans or programs that apply to any development on site. CONTRIBUTIONS TO COUNCIL 16. For the period from the end of December 2010 until the completion of mining operations on site, the Proponent shall pay GLC the following contributions each year: (a) $59, for the maintenance of The Bucketts Way; (b) $11, for a structural inspection of the bridges on The Bucketts Way (between its intersection with Clarence Town Road and the mine access road); (c) $120,000 for the Karuah Catchment Management Program; and (d) $100,000 for the provision of community infrastructure. These contributions must be indexed according to the CPI at the time of each payment. If no mining operations occur on site in a calender year, then the Proponent is not required to pay these contributions. 17. For the period from the end of December 2010 until the completion of mining operations on site, the Proponent shall pay GSC the following contributions each year: (a) $15,000 for specified community works that have been agreed to between GSC and the Proponent; (b) $15,000 for the GSC Community Education Fund for an annual trade apprenticeship, traineeship, scholarship or equivalent; and (c) $10,000 for the provision of community infrastructure. These contributions must be indexed according to the CPI at the time of each payment. If no mining operations occur on site in a calender year, then the Proponent is not required to pay these contributions. 5

102 ACQUISITION UPON REQUEST SCHEDULE 3 ENVIRONMENTAL PERFORMANCE CONDITIONS 1. Upon receiving a written request for acquisition from an owner of the land listed in Table 1, the Proponent shall acquire the land in accordance with the procedures in Conditions 5-6 of Schedule 4. NOISE Table 1: Land subject to acquisition upon request Holmes 125 (1) - Zulumovski Moylan 125 (2) - Zulumovski White Hare Scott Note: To identify the locations referred to in Table 1, see the figure in Appendix 3. Noise Criteria 2. Except for the land referred to in Table 1, the Proponent shall ensure that the noise generated by the project does not exceed the criteria in Table 2 at any residence on privately-owned land or on more than 25 percent of any privately-owned land. Table 2: Noise criteria db(a) Location Lyall Hamann Pixalu PL Oleksiuk & Carmody 173 Trigg & Holland Weismantel 127 Fisher-Webster (1) - Relton 180 (1) - Thompson Smith & Ransley Wielgosinski Williams Thompson All other privately-owned land Notes: To identify the locations referred to in Table 2, see the figure in Appendix 3; and Noise generated by the project is to be measured in accordance with the relevant procedures and exemptions (including certain meteorological conditions) of the NSW Industrial Noise Policy. However, these criteria do not apply if the Proponent has a written agreement with the relevant landowner to exceed the criteria, and the Proponent has advised the Department in writing of the terms of this agreement. Noise Acquisition Criteria 3. If the noise generated by the project exceeds the criteria in Table 3 at any residence on privatelyowned land or on more than 25 percent of any privately-owned land, then upon receiving a written request for acquisition from the landowner, the Proponent shall acquire the land in accordance with the procedures in Conditions 5-6 of Schedule 4. Table 3: Noise acquisition criteria db(a) L Aeq(15 min) Day Evening Night L Aeq(15 minute) L Aeq(15 minute) L Aeq(15 minute) L A1(1 minute) Location Day Evening Night All privately-owned land Notes: Noise generated by the project is to be measured in accordance with the relevant procedures and exemptions (including certain meteorological conditions) of the NSW Industrial Noise Policy; and For this condition to apply, the exceedances of the criteria must be systemic. 6

103 Additional Noise Mitigation Measures 4. Upon receiving a written request from the owner of any residence: (a) On the land listed in Table 1; (b) On the land listed as 123, 126 and 172 on the figure in Appendix 3; (c) On the land listed as R2, R4-R12 on the figure in Appendix 3; (d) On privately-owned land where subsequent noise monitoring shows that noise generated by the (e) Rail Noise project is greater than or equal to L Aeq (15 min) 38 db(a); or On privately-owned land between the Stratford and Duralie mines where the maximum passby rail traffic noise from the Project exceeds 85 db(a), the Proponent shall implement additional noise mitigation measures (such as double glazing, insulation and/or air conditioning) at the residence in consultation with the owner. These measures must be reasonable and feasible. If within 3 months of receiving this request from the owner, the Proponent and the owner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Secretary for resolution. 5. By the end of December 2011, or as otherwise agreed by the Secretary, the Proponent shall only use locomotives that are approved to operate on the NSW rail network in accordance with the noise limits in the ARTC s EPL (No. 3142). Operating Conditions 6. The Proponent shall: (a) implement best practice noise management, including all reasonable and feasible noise mitigation measures to minimise the operational, low frequency and rail noise generated by the project; and (b) regularly assess the real-time noise monitoring and meteorological forecasting data and relocate, modify and/or stop operations on site to ensure compliance with the relevant conditions of this approval, to the satisfaction of the Secretary. Noise Management Plan 7. The Proponent shall prepare and implement a Noise Management Plan for the project to the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with EPA, and submitted to the Secretary for approval within 3 months of the date of this approval, unless otherwise agreed by the Secretary; (b) describe the noise mitigation measures that would be implemented to ensure compliance with conditions 2-6 of Schedule 3 of this approval, including: a real-time noise management system that employs both reactive and proactive mitigation measures; a detailed program for the replacement and attenuation of existing plant on site; and the specific measures that would be implemented to minimise the rail noise impacts of the project, and in particular: - the braking and train horn impacts of the project; - the use of the shuttle train during the approved night-time hours; the construction of earth bund walls around evaporative fan units located on the waste rock emplacement area; and (c) include a noise monitoring program that: uses a combination of real-time and supplementary attended monitoring measures to evaluate the performance of the project; includes a program to evaluate the effectiveness of the noise mitigation measures referred to in 7(b) above; includes a protocol for determining exceedances of the relevant conditions of this approval; and includes a program to monitor the actual sound power levels of the plant on site, compare it with the benchmark levels used in the EA, and evaluate the effectiveness of any attenuation. Note: The effectiveness of the Noise Management Plan is to be reviewed and audited in accordance with the requirements in Schedule 5. Following this review and audit, the plan is to be revised to ensure it remains up to date (see Condition 4 of Schedule 5). 7

104 BLASTING Blasting Criteria 8. The Proponent shall ensure that the blasting on the site does not cause exceedances of the criteria in Table 4. Table 4: Blasting criteria Location Residence on privately owned land Mammy Johnson s Grave Airblast overpressu re (db(lin Peak)) Ground vibratio n (mm/s) Allowable exceedance 5% of the total number of blasts over a period of 12 months % - 5 0% Former Weismantel s Inn % However, these criteria do not apply if the Proponent has a written agreement with the relevant landowner to exceed the criteria, and the Proponent has advised the Department in writing of the terms of this agreement. Blasting Hours 9. The Proponent shall only carry out blasting on site between 9am and 5pm Monday to Saturday inclusive. No blasting is allowed on Sundays, public holidays, or at any other time without the written approved of the Secretary. Blasting Frequency 10. The Proponent shall not carry out more than: (a) 1 blast a day on site, unless an additional blast is required following a blast misfire; and (b) 3 blasts a week on site, averaged over any 12 month period. Property Inspections 11. If the Proponent receives a written request for the owner of any privately-owned land within 2 kilometres of the approved open cut mining pit on site for a property inspection to establish the baseline condition of any buildings and/or structures on his/her land, or to have a previous property inspection report updated, then within 2 months of receiving this request the Proponent shall: (a) commission a suitably qualified, experienced and independent person, whose appointment has been approved by the Secretary, to: establish the baseline condition of the buildings and/or structures on the land, or update the previous property inspection report; identify any measures that should be implemented to minimise the potential blasting impacts of the project on these buildings and/or structures; and (b) give the landowner a copy of the new or updated property inspection report. Property Investigations 12. If the owner of any privately-owned land claims that the buildings and/or structures on his/her land have been damaged as a result of blasting on site, then within 2 months of receiving this claim, the Proponent shall: (a) commission a suitably qualified, experienced and independent person, whose appointment has been approved by the Secretary, to investigate the claim; and (b) give the landowner a copy of the property inspection report. If this independent property investigation confirms the landowner s claim, and both parties agree with these findings, then the Proponent shall repair the damages to the satisfaction of the Secretary. If the Proponent or landowner disagrees with the findings of the independent property investigation, then either party may refer the matter to the Secretary for resolution. Operating Conditions 8

105 13. The Proponent shall: (a) implement best blasting practice on site to: protect the safety of people and livestock in the surrounding area; protect public or private property in the surrounding area; and minimise the dust and fume emissions from blasting on site; and (b) operate a suitable system to enable the public to get up-to-date information on the proposed blasting schedule on site, to the satisfaction of the Secretary. 14. The Proponent shall not carry out any blasting within 500 metres of: (a) a public road without the approval of Council; and (b) the North Coast Railway without the approval of ARTC. 15. The Proponent shall not carry out blasting within 500 metres of any privately-owned land or land not owned by the Proponent unless: (a) the Proponent has a written agreement with the relevant landowner to allow blasting to be carried out closer to the land, and the Proponent has advised the Department in writing of the terms of this agreement; or (b) the Proponent has: demonstrated to the satisfaction of the Secretary that the blasting can be carried out without compromising the safety of the people or livestock on the land, or damaging the buildings and/or structures on the land; and updated the Blast Management Plan to include the specific measures that would be implemented while blasting is being carried out within 500 metres of the land. Blast Management Plan 16. The Proponent shall prepare and implement a Blast Management Plan for the project to the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with EPA, and submitted to the Secretary for approval within 3 months of the date of this approval, unless otherwise agreed by the Secretary; (b) describe the blast mitigation measures that would be implemented to ensure compliance with conditions 8-15 of this Schedule; (c) describe the measures that would be implemented to ensure the public can get up-to-date information on the proposed blasting schedule on site or any road closures; and (d) include a blast monitoring program to evaluate the performance of the project. Note: The effectiveness of the Blast Management Plan is to be reviewed and audited in accordance with the requirements in Schedule 5. Following this review and audit the plan is to be revised to ensure it remains up to date (see Condition 4 of Schedule 5). AIR QUALITY & GREENHOUSE GAS Odour 17. The Proponent shall ensure that no offensive odours are emitted from the site, as defined under the POEO Act. Greenhouse Gas Emissions 18. The Proponent shall implement all reasonable and feasible measures to minimise the release of greenhouse gas emissions from the site to the satisfaction of the Secretary. Air Quality Assessment Criteria 19. The Proponent shall ensure that particulate matter emissions generated by the project do not exceed the criteria listed in Tables 5, 6 or 7 at any residence on privately-owned land or on more than 25 percent of any privately-owned land. Table 5: Long term criteria for particulate matter. Pollutant Averaging Period d Criterion Total suspended particulate (TSP) matter Annual a 90 µg/m 3 Particulate matter < 10 µm (PM 10) Annual a 30 µg/m 3 9

106 Table 6: Short term criterion for particulate matter. Pollutant Averaging Period d Criterion Particulate matter < 10 µm (PM 10) 24 hour a 50 µg/m 3 Table 7: Long term criteria for deposited dust Pollutant Averaging Period Maximum increase in deposited dust level Maximum total deposited dust level c Deposited dust Annual b 2 g/m 2 /month a 4 g/m 2 /month Notes to Tables 5-7: a Total impact (i.e. incremental increase in concentrations due to the project plus background concentrations due to all other sources); b Incremental impact (i.e. incremental increase in concentrations due to the project on its own); c Deposited dust is to be assessed as insoluble solids as defined by Standards Australia, AS/NZS :2003: Methods for Sampling and Analysis of Ambient Air Determination of Particulate Matter Deposited Matter Gravimetric Method. d Excludes extraordinary events such as bushfires, prescribed burning, dust storms, sea fog, fire incidents, illegal activities or any other activity agreed by the Secretary in consultation with EPA. Air Quality Acquisition Criteria 20. If particulate matter emissions generated by the project exceed the criteria in Tables 8, 9 or 10 at any residence on privately-owned land or on more than 25 percent of any privately-owned land, then upon receiving a written request for acquisition from the landowner the Proponent shall acquire the land in accordance with the procedures in Conditions 5-6 of Schedule 4. Table 8: Long term acquisition criteria for particulate matter Pollutant Averaging Period d Criterion Total suspended particulate (TSP) matter Annual a 90 µg/m 3 Particulate matter < 10 µm (PM 10) Annual a 30 µg/m 3 Table 9: Short term acquisition criteria for particulate matter Pollutant Averaging period d Criterion Particulate matter < 10 µm (PM 10) 24 hour a µg/m Particulate matter < 10 µm (PM 10) 24 hour b 3 50 µg/m Table 10: Long term acquisition criteria for deposited dust Pollutant Averaging Period Maximum increase in deposited dust level Maximum total deposite d dust level c Deposited dust Annual b 2 g/m 2 /month a 4 g/m 2 /month Notes to Tables 8-10: a Total impact (i.e. incremental increase in concentrations due to the project plus background concentrations due to all other sources); b Incremental impact (i.e. incremental increase in concentrations due to the project on its own); c Deposited dust is to be assessed as insoluble solids as defined by Standards Australia, AS/NZS :2003: Methods for Sampling and Analysis of Ambient Air - Determination of Particulate Matter - Deposited Matter - Gravimetric Method. d Excludes extraordinary events such as bushfires, prescribed burning, dust storms, sea fog, fire incidents, illegal activities or any other activity agreed by the Secretary in consultation with EPA. Additional Dust Mitigation Measures 21. Upon receiving a written request from the owner of any residence: (a) on the land listed as 125(1) and 125(2) in the figure in Appendix 3; or (b) on privately-owned land where subsequent air quality monitoring shows that the dust generated by the project is greater than or equal to the applicable criteria in Tables 5, 6 or 7 on a systemic basis, the Proponent shall implement additional dust mitigation measures (such as a first flush roof system, 10

107 internal or external air filters, and/or air conditioning) at the residence in consultation with the owner. These measures must be reasonable and feasible. If within 3 months of receiving this request from the owner, the Proponent and the owner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Secretary for resolution. 21A. Within 3 months of the date of this approval, the Proponent shall submit a study of the dust emissions from the laden trains associated with the Project to the Secretary. This study must: (a) be carried out by a suitably qualified and experienced expert whose appointment has been endorsed by the Secretary; (b) include consultation with the EPA, the Department and the residents in close proximity to the railway line; (c) assess the scale, nature and significance of the dust emissions of the laden trains; (d) identify any reasonable and feasible mitigation measures that could be implemented to reduce the dust emissions from these trains; (e) recommend the implementation of any specific measures; and (f) be accompanied by the Proponent s response to any recommendations in the study. If, following review of the study, the Secretary directs the Proponent to implement additional mitigation measures to reduce the dust emissions of the laden trains associated with the Project, then the Proponent shall implement these measures to the satisfaction of the Secretary and, within one month of such direction, update the Air Quality & Greenhouse Gas Management Plan for the Project to include a detailed program for the implementation of these measures and monitoring of compliance. Operating Conditions 22. The Proponent shall: (a) implement best practice air quality management on site, including all reasonable and feasible measures to minimize the off-site odour, fume and dust emissions generated by the project, including any emissions from spontaneous combustion; (b) minimize any visible air pollution generated by the project; (c) regularly assess the real-time air quality monitoring and meteorological forecasting data and relocate, modify and/or stop operations on site to ensure compliance with the relevant conditions of this approval, to the satisfaction of the Secretary. Air Quality & Greenhouse Gas Management Plan 23. The Proponent shall prepare and implement an Air Quality & Greenhouse Gas Management Plan for the project to the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with EPA, and submitted to the Secretary for approval within 3 months of the date of this approval, unless otherwise agreed by the Secretary; and (b) describe the measures that would be implemented to ensure compliance with conditions of Schedule 3 of this approval, including the proposed real-time air quality management system; and (c) include an air quality monitoring program that: uses a combination of real-time monitors, high volume samplers and dust deposition gauges to evaluate the performance of the project; and includes a protocol for determining exceedances with the relevant conditions of this approval. Note: The effectiveness of the Air Quality & Greenhouse Gas Management Plan is to be reviewed and audited in accordance with the requirements in Schedule 5. Following this review and audit the plan is to be revised to ensure it remains up to date (see Condition 4 of Schedule 5). METEOROLOGICAL MONITORING 24. During the life of the project, the Proponent shall ensure that there is a suitable meteorological station operating in the vicinity of the site that: (a) complies with the requirements in Approved Methods for Sampling of Air Pollutants in New South Wales guideline; and (b) is capable of continuous real-time measurement of temperature lapse rate in accordance with the NSW Industrial Noise Policy. SOIL AND WATER Water Discharges 25. The Proponent shall ensure that: (a) mine water or runoff from the irrigation area is not discharge directly into Mammy Johnsons River; and (b) all surface water discharges from the site comply with section 120 of the POEO Act or, if an EPL 11

108 Base Flow Offsets has been issued regulating water discharges from the site, the discharge limits (both volume and quality) set for the project in the EPL. 26. The Proponent shall offset the loss of any base flow to Mammy Johnsons River. This condition does not apply if the Secretary determines this loss to be negligible. Compensatory Water Supply 27. The Proponent shall provide compensatory water supply to any landowner of privately-owned land whose water licence entitlements are impacted (other than an impact that is negligible) as a result of the project, in consultation with NOW, and to the satisfaction of the Secretary. Irrigation The compensatory water supply measures must provide an alternative long-term supply of water that is equivalent to the loss attributed to the project. Equivalent water supply must be provided (at least on an interim basis) within 24 hours of the loss being identified. If the Proponent and the landowner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Secretary for resolution. If the Proponent is unable to provide an alternative long-term supply of water, then the Proponent shall provide alternative compensation to the satisfaction of the Secretary. 28. The Proponent shall carry out irrigation: (a) only in the irrigation area; and (b) in accordance with the irrigation system, including the irrigation management plan, in the approved Surface Water Management Plan under Condition 29 of Schedule 3. Water Management Plan 29. The Proponent shall prepare and implement a Water Management Plan for the project to the satisfaction of the Secretary. This plan must be prepared in consultation with EPA and NOW by suitably qualified and experienced persons whose appointment has been approved by the Secretary, and submitted to the Secretary within 3 months of the date of this approval. In addition to the standard requirements for management plans (see Condition 2 of Schedule 5), this plan must include: (a) a Site Water Balance that: includes details of: - sources of water supply; - water use on site; - water management on site; and - reporting procedures; and describes what measures would be implemented to minimse potable water use on site; and (b) a Surface Water Management Plan that includes: a detailed description of the water management system on site, including the: - clean water diversion systems; - erosion and sediment controls; - water storages; and - irrigation system; an irrigation management plan for the irrigation system under the water management system, which includes: - salinity trigger levels for controlling discharges from the irrigation areas to Coal Shaft Creek and the unnamed tributary, representing the 80 th percentile value of the relevant data set for the creek/unnamed tributary and Mammy Johnsons River in accordance with the methodology in ANZECC/ARMCANZ (2000), Australian Water Quality Guidelines for Fresh and Marine Water Quality, National Water Quality Management Strategy; and - provision of an automated first flush system for the additional irrigation areas (Northern Areas) shown in the figure in Appendix 4; a plan for identifying, extracting, handling, and the long-term storage of potentially acid forming material on site; detailed plans, including design objectives and performance criteria, for: - the reconstruction of Coal Shaft Creek; - design and management of the final voids; - reinstatement of drainage lines on the rehabilitated areas of the site; and - control of any potential water pollution from the rehabilitated areas of the site; 12

109 (c) performance criteria, including trigger levels for investigating any potentially adverse impacts, for the following: - the water management system; - surface water quality of the Unnamed Tributary, Coal Shaft Creek and Mammy Johnsons River; - the stream and vegetation health of the Unnamed Tributary, Coal Shaft Creek and Mammy Johnsons River; and - channel stability of the reconstructed Coal Shaft Creek; performance criteria for surface water quality attributes relevant to water quality impacts on biological diversity and aquatic ecological integrity, including salinity, heavy metals, sediment load, ph, hardness and biological oxygen demand; trigger levels representing the 80 th percentile value of the relevant reference data set in accordance with the methodology in ANZECC/ARMCANZ (2000), Australian Water Quality Guidelines for Fresh and Marine Water Quality, National Water Quality Management Strategy, to determine the levels for investigating any potentially adverse impacts; a program to monitor: - the effectiveness of the water management system; - surface water flows and quality in the Unnamed Tributary, Coal Shaft Creek and Mammy Johnsons River, including utilization of existing monitoring sites together with an additional monitoring site in Mammy Johnsons River immediately downstream of the mixing zone of the confluence of Coal Shaft Creek and Mammy Johnsons River; - the stream and riparian vegetation health of the unnamed tributary, Coal Shaft Creek and Mammy Johnsons River; and - a channel stability of the reconstructed Coal Shaft Creek; a program of ecotoxicity testing of water in water storages on-site and at selected water monitoring sites in Mammy Johnsons River and macroinvertebrate sampling at selected monitoring sites in Mammy Johnsons River; a plan to respond to any exceedances of the performance criteria and mitigate and/or offset any adverse surface water impacts of the project; and a Groundwater Management Plan, which includes: a groundwater assessment criteria, including trigger levels for investigating any potentially adverse groundwater impacts; a program to monitor; - groundwater inflows to the open cut mining operations; - the impacts of the project on: o the alluvial aquifers including investigating the potential for direct interface between mine spoil and alluvium and assessment of any consequential impact on alluvial and surface water; o base flows to Mammy Johnsons River; o any groundwater bores on privately-owned land; and - the seepage/leachate from water storages or backfilled voids on site; and a program to validate the groundwater model for the project, and calibrate it to site specific conditions; and a plan to respond to any exceedances of the assessment criteria, including, - if a direct interface between mine spoil and alluvium is identified, development of a trigger action response plan (TARP) for potential salinity impacts on alluvial and surface water sources; and - a plan to offset the loss of any base flow to Mammy Johnsons River caused by the project. Note: The effectiveness of the Water Management Plan is to be reviewed and audited in accordance with the requirements in Schedule 5. Following this review and audit the plan is to be revised to ensure it remains up to date (see Condition 4 of Schedule 5). BIODIVERSITY Giant Barred Frog 30. The Proponent shall ensure that the project has no more than a negligible impact on the local Giant Barred Frog population. 31. The Proponent shall prepare a Giant Barred Frog Study to the satisfaction of the Secretary. This study must: (a) be prepared, in consultation with OEH, by a suitably qualified and experienced person, whose appointment has been endorsed by the Secretary; (b) be submitted to the Secretary for approval within 2 months of this approval; (c) investigate the extent of the Giant Barred Frog population in the Mammy Johnsons River Catchment; (d) assess the condition of the Giant Barred Frog habitat where it is recorded within the Catchment, including the presence of any Chytrid fungus; (e) analyse the age structure of the frog population and the health of tadpoles; and 13

110 (f) document the relevant hydrological conditions both prior to and during the study, including rainfall, water flows and quality in Mammy Johnsons River, both upstream and downstream of the confluence of Mammy Johnsons River and Coal Shaft Creek, and in Coal Shaft Creek. 31A. The Proponent shall review and expand the Giant Barred Frog Study approved under Condition 31 into a longitudinal study of the life cycle of the population of the Giant Barred Frog over the lifetime of the mine and for a 5 year period after the mine ceases to operate (the Giant Barred Frog Long-term Study). The Giant Barred Frog Long-term Study must include to include: (a) clarification as to what exactly constitutes 'the population' of the Giant Barred Frog for the purposes of monitoring, and that this is the population at the location most susceptible to impacts from the mine; (b) baseline data collected for sites (transects) below and above the site to be used for comparison with data collected in the future; (c) testing to determine if any changes to Giant Barred Frog populations identified downstream of the site on the monitoring transects are a result of impacts from the mining operation; (d) a requirement for detailed capture/recapture studies using 'Pollocks robust design' at sites above and below the confluence of Coal Shaft Creek and Mammy Johnsons River, and at a series of control sites in the upper reaches of the catchment; (e) a requirement that individual frogs encountered during the study should be tagged (or scanned); (f) a requirement that transects be of a fixed length (at least 200m), and that the area searched on each occasion be the same; (g) (h) (i) (j) a requirement that transects are to be randomly selected; a requirement that testing be conducted on a minimum of three nights, on four occasions per season (12 visits to each transect in each season) over the life of the mine, and for a 5 year period after the mine ceases to operate; a requirement that individual frogs encountered during the study be swabbed for the presence of the Chytrid fungus; a requirement that weather conditions and search effort should be recorded during each census at the transect site. 32. The Proponent shall prepare and implement a Giant Barred Frog Management Plan to the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with OEH by a suitably qualified and experienced person, whose appointment has been endorsed by the Director-General; (b) be submitted to the Secretary for approval within 3 months of the date of this approval; (c) include a summary of the Giant Barred Frog Study; (d) establish performance measures for evaluating the impact of the project on the local Giant Barred Frog population; (e) describe the measures that would be implemented to minimise the potential spread of Chytrid fungus, including training of staff in site hygiene management in accordance with the NPWS Hygiene Protocol for the Control of Disease in Frogs 2001; (f) include a program to monitor the potential impact of the project on the local frog population, which includes: detailed performance indicators for the project, with reference to the performance measures established in (d) above; annual monitoring of the frog population and its habitat during the breeding season along Mammy Johnson River both upstream and downstream of the confluence of Mammy Johnsons River and Coal Shaft Creek; trigger levels for further investigation; and (g) a contingency plan that would be implemented if monitoring suggests the frog population downstream of the confluence of Mammy Johnsons River and Coal Shaft Creek is declining due to the project, which may include a revision of the first flush salinity trigger or the implementation of additional water quality controls. Biodiversity Offsets 33. The Proponent shall implement the offset strategy and achieve the broad completion criteria in Table 11 to the satisfaction of the Secretary. Table 11: Offset Strategy Completion Criteria Domain Enhancement Areas (i.e. existing remnant vegetation) Revegetation Areas Completion Criteria Areas of existing remnant vegetation within the offset area (299 ha) have been conserved and enhanced ha of revegetated woodland/open woodland habitat areas and 36 ha of revegetated forest habitat areas as a self-sustaining ecosystem. The methodology for determining a self-sustaining ecosystem shall be to the satisfaction of the 14

111 Secretary. Direct links between the Offset Area and Rehabilitation Area Woodland/open woodland and forest revegetation areas that provide habitat resources for the threatened species by including the flora species referred to in approval conditions 35 to 38. Native vegetation has been established which directly links vegetation areas of the offset area with the Rehabilitation area. Habitat for Threatened Fauna Species 34. The Proponent shall ensure that the offset area: (a) provides suitable habitat for all the threatened fauna species recorded in the surface development area, namely the Swift Parrot, Brown Treecreeper (eastern subspecies), Speckled Warbler, Greycrowned Babbler (eastern subspecies), Varied Sittella and Squirrel Glider; and (b) includes the following habitat types: Woodland/open woodland; Forest; and Riparian forest. Swift Parrot / Brown Treecreeper/ Grey-crowned Babbler 35. The Proponent shall ensure that the offset area: (a) provides appropriate habitat resources for the Swift Parrot, Brown Treecreeper and Greycrowned Babbler; (b) contains a total of 174ha of the following vegetation types 1 : Spotted Gum Grey Ironbark forest dry open forest of the lower foothills of the Barrington Tops, North Coast; Grey Box Forest Red Gum Grey Ironbark open forest of the hinterland ranges of the North Coast; and Sydney Peppermint Smooth-barked Apply shrubby open forest on coastal hills and plains of the southern North Coast and northern Sydney Basin; and (c) Speckled Warbler the revegetation areas within the offset area contains: Winter flowering eucalypts (such as Spotted Gum [Corymbia maculata], Narrow-leaved Ironbark [Eucalyptus crebra], White Stringybark [Eucalyptus globoidea]) as habitat resources for the Swift Parrot. Species typical of open eucalypt woodlands (such as Spotted Gum [Corymbia maculata], Red Ironbark [Eucalyptus fibrosa], Grey Ironbark [Eucalyptus siderophloia] as habitat resources for the Grey-crowned Babbler; and Appropriate understorey species (such as tussock grasses). 36. The Proponent shall ensure that the offset area: (a) provides appropriate habitat resources for the Speckled Warbler: (b) contains a total of 126ha of Spotted Gum - Grey Ironbark forest dry open forest of the lower foothills of the Barrington Tops, North Coast 1 ; and (c) the revegetation areas within the offset area includes Eucalyptus species, tussock grasses and shrub species as habitat resources for the Speckled Warbler. Varied Stilleta 37. The Proponent shall ensure that the offset area: (a) provides appropriate habitat resources for the Varied Sittella; (b) contains a total of 172ha of the following vegetation types 1 : Spotted Gum Grey Ironbark forest dry open forest of the lower foothills of Barrington Tops, North Coast; and Sydney Peppermint Smooth-barked Apple shrubby open forest on coastal hills and plains of the southern North Coast and northern Sydney Basin. (c) the revegetation areas within the offset area includes species typical of eucalypt forests and woodlands, especially rough-barked species, smooth-barked gums and Acacia species as habitat resources for the Varied Stilleta. Squirrel Glider 38. The Proponent shall ensure that the offset area: (a) provides appropriate habitat resources for the Squirrel Glider; 15

112 (b) contains a total of 128ha of the following vegetation types 1 : Spotted Gum - Grey Ironbark forest dry open forest of the lower foothills of the Barrington Tops, North Coast; and Sydney Peppermint - Smooth-barked Apple shrubby open forest on coastal hills and plains of the southern North Coast and northern Sydney Basin. (c) the revegetation areas within the offset area includes species typical of woodland/forest (such as Spotted Gum [Corymbia maculata], Red Ironbark [Eucalyptus fibrosa], Grey Ironbark [Eucalyptus siderophloia]) as habitat resources for the Squirrel Glider. 39. Hollow bearing habitat features must be introduced into the areas of habitat resources and the revegetation areas identified in approval condition 38. Note: For clarity, the total areas included in approval conditions are not cumulative, whereby the area of habitat resources provided for one of the fauna species identified in approval condition 35 may be the same for all species mentioned in approval conditions 35 to 38. Endangered Ecological Communities 40. The Proponent shall ensure that the offset area contains at least: 2 ha of Freshwater Wetlands on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner Bioregions. 10 ha of River-Flat Eucalypt Forest on Coastal Floodplains of the NSW North Coast, Sydney Basin and South East Corner Bioregions (Cabbage Gum Floodplain Forest). 19 ha of Lowland Forest on Floodplain in the NSW North Coast Bioregion. Note: See the mapped areas in the figure in Appendix 5. Operating Conditions 41. The Proponent must: (a) not destroy, damage, remove or harm any native flora or fauna in the offset area; or (b) not carry out in the offset area or the vicinity of the offset area any activity that may cause, or is likely to result in, or will or might threaten the viability of, native flora or fauna in the offset area, or threaten the success of the offset strategy; and (c) ensure that its agents, contractors, licensees and invitees (and use best endeavours to ensure that any other persons) also comply with condition 41(a) and (b). Long Term Security of Offset 42. Within 12 months of the date of this approval, unless otherwise agreed by the Secretary, the Proponent shall either: (a) enter into a conservation agreement pursuant to s 69B of the National Parks and Wildlife Act 1974 relating to the offset area, recording the obligations assumed by the Proponent under the conditions of this approval in relation to the offset area, and register that agreement pursuant to s 69F of the National Parks and Wildlife Act 1974; or (b) cause to be registered against the titles of the offset area a public positive covenant and/or restriction on the use of the land, in favour of the Director-General, requiring the proponent to implement and observe the conditions of this approval in relation to the offset area. The conservation agreement or the public positive covenant and/or restriction on the use of the land in relation to the offset area, shall remain in force in perpetuity. Biodiversity Management Plan 43. The Proponent shall prepare and implement a Biodiversity Management Plan for the project to the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with OEH by suitably qualified and experienced persons whose appointment has been approved by the Secretary; (b) be submitted to the Secretary for approval within 3 months of the date of this approval; (b1) be approved by the Secretary prior to the commencement of clearing in EA (Mod 2); (c) describe how the offset strategy and its implementation will be integrated with other strategies, plans and programs required under this approval, including the Giant Barred Frog Management Plan, Water Management Plan and Rehabilitation Management Plan, and their implementation; (d) include: 1 Note: Vegetation types referred to in Conditions 35 to 38 are to be in accordance with the Vegetation Types in the Hunter/Central Rivers as described in the Office of Environment and Heritage (2011) Threatened Species Profile Databases for the Swift Parrot, Brown Treecreeper (eastern subspecies), Speckled Warbler, Grey-crowned Babbler (eastern subspecies) and Brush-tailed Phascogale. 16

113 a description, based on field surveys, and in consultation with OEH, of the biodiversity values of the vegetation communities in the offset area, including remnant vegetation and derived grasslands, including as habitat for the threatened species that are recorded in the surface development area; a description of the biodiversity values to be lost through clearing of vegetation communities in the surface development area, including remnant vegetation and derived grasslands, including as habitat for the threatened species that are recorded in the surface development area; a description of the short, medium and long term measures that would be implemented to: implement the Offset Strategy; maintain and enhance biodiversity values in the offset area to offset the loss of biodiversity values in the surface development area; provide and enhance suitable habitat in the offset area for the threatened species that are recorded in the surface development area; manage the remnant vegetation and habitat on the site (including in the offset area); detailed completion criteria, as well as performance criteria for the measuring the short, medium and long term success of the Offset Strategy; the measures described in the EA and in the expert report of Dr Goldney dated 7 April 2011 in Land and Environment Court proceedings No of 2011 to avoid or mitigate impacts on biological diversity, native flora and fauna and threatened species; a detailed description of the measures that would be implemented in the short, medium and long term to implement the Offset Strategy, including the procedures to be implemented for: implementing revegetation and regeneration within the offset area, including establishment of canopy, understorey and ground strategy; the introduction of hollow bearing habitat features; controlling weeds and feral pests, including the engagement of appropriately qualified contractors; managing grazing and agriculture, including provision to exclude livestock grazing from existing treed areas and Endangered Ecological Communities within the offset area; controlling vehicular access to minimise the potential for vehicle strike of native fauna; and bushfire management; a description of the measures that would be implemented in the short, medium and long term to manage the remnant vegetation and habitat on site, including the procedures to be implemented for: protecting vegetation and soil outside the disturbance areas; rehabilitating creeks and drainage lines on the site (both inside and outside the disturbance areas), to ensure no net loss of stream length and aquatic habitat; managing salinity; undertaking pre-clearance surveys including for threatened species; if pre-clearance surveys identify any breeding pair of threatened species, including the Varied Sittella, deferral of clearing of their habitat until the breeding site is vacated; managing impacts on fauna; landscaping the site, and particularly the land adjoining public roads, to minimise visual and lighting impacts; collecting and propagating seed; salvaging and reusing material from the site for habitat enhancement; controlling weeds and feral pests, including the engagement of appropriately qualified contractors; controlling vehicular access to minimise the potential for vehicle strike of native fauna; and bushfire management; a Vegetation Clearing Plan (VCP) that must include the following: clear delineation of disturbance areas and restriction of clearing to the minimum area necessary to undertake the approved activities; a methodology for recording the approximate size and number of hollow bearing trees to be removed and their replacement with the same number of nesting boxes of appropriate sizing within similar vegetation within the Project site or offset lands; a methodology for the management of hollow bearing trees during vegetation clearing to minimize impacts on hollow dependent fauna which may be present; provision for a suitably trained or qualified person to the satisfaction of the Director-General to be present during the felling of identified hollow bearing trees to provide assistance with the care of any injured fauna; provision for the checking of any animals found and recording of the species, number and condition (age class, pregnant or lactating females etc) and for details to be provided to the National Parks and Wildlife Service and Department within 3 months of the clearing event; provision for the annual inspection of the nesting boxes for the life of the mine. An inspection report shall be prepared and include a review of the condition and use of the nesting boxes; provision for the checking of vegetation to be cleared for threatened species and recording of the species, number and condition and for details to be provided to the National Parks and Wildlife Service and the Department within 3 months of the clearing event; 17

114 Conservation Bond a description of the contingency measures that would be implemented to improve the performance of the offset strategy and the detailed performance criteria that are not being met in any given year; and details of who would be responsible for monitoring, reviewing, and implementing the plan; a program to monitor and report on the effectiveness of the measures in the Biodiversity Management Plan and conditions of this approval, and the performance of the Offset Strategy, with summary reporting to be carried out annually and comprehensive reporting every three years following the independent environmental audit (see condition 8 of Schedule 5). 44. Within 6 months of the approval of the Biodiversity Management Plan, the Proponent shall lodge a conservation bond with the Department to ensure that the offset strategy is implemented in accordance with the performance and completion criteria of the Biodiversity Management Plan. The sum of the bond shall be determined by: (a) calculating the full cost of implementing the offset strategy; and (b) employing a suitably qualified quantity surveyor to verify the calculated costs, to the satisfaction of the Secretary. If the offset strategy is completed to the satisfaction of the Secretary, the Secretary will release the conservation bond. If the offset strategy is not completed to the satisfaction of the Secretary, the Secretary will call in all or part of the conservation bond, and arrange for the satisfactory implementation of the offset strategy. 45. After each Independent Environment Audit (see Condition 8 of Schedule 5), the Proponent shall review and adjust the sum of the bond to the satisfaction of the Secretary. HERITAGE 46. The Proponent shall prepare and implement a Heritage Management Plan for the project to the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with OEH, the Aboriginal community, Heritage Branch, Council, and any local historical organisations; (b) be submitted to the Secretary for approval within 3 months of the date of this approval, unless otherwise agreed by the Secretary; (c) describe the program/procedures that would be implemented for: recording, salvaging and/or managing the Aboriginal sites and potential archaeological deposits within the project disturbance area; conserving, managing and monitoring Aboriginal sites DM2, DM4, DM6, DM 9, DM 10 and ; minimising the potential impacts of the project on Aboriginal site , DM7 and DM8; responding to the discovery of any new Aboriginal objects or skeletal remains during the project; enabling the Aboriginal community to access the archaeological sites on site; and involving the Aboriginal community in the conservation and management of Aboriginal cultural heritage on the site. (d) include the following for the Weismantel Inn: a baseline dilapidation survey; photographic and archival recording; a program to monitor the effects of the project on the inn; and a contingency plan that would be implemented if the monitoring indicates that the project is adversely affecting the condition of the inn. Notes: To identify the heritage sites referred to in this condition, see the figure in Appendix 6. The effectiveness of the Heritage Management Plan is to be reviewed and audited in accordance with the requirements in Schedule 5. Following this review and audit the plan is to be revised to ensure it remains up to date (see Condition 4 in Schedule 5) TRANSPORT Access 47. Prior to the closure of Cheerup Road and the portion of Duralie Road within the project area, the Proponent shall construct a suitable access road to property No. 143 (Madden) to the satisfaction of the Secretary. However, this condition does not apply if the Proponent purchases the property. Monitoring of Coal Transport 18

115 48. The Proponent shall keep accurate records of: (a) the amount of coal transported from the site each month, and make these records publically available on its website at the end of each calendar year; and (b) the: number of train movements to and from the site each day; date and time of each train movement to the site between 10pm and midnight; and instances when the shuttle train is operated on the North Coast railway between midnight and 1am in exceptional circumstances. and make these records publically available on its website on a fortnightly basis. VISUAL Visual Amenity and Lighting 49. The Proponent shall: (a) minimise visual impacts, and particularly the off-site lighting impacts, of the project; and (b) ensure that all external lighting associated on site complies with Australian Standard AS4282 (INT) Control of Obtrusive Effects of Outdoor Lighting, to the satisfaction of the Secretary. Additional Visual Mitigation Measures 50. Upon receiving a written request from the owner of: (a) the land listed as 125(1), 125(2), and 116 on the figure in Appendix 3; or (b) any residence on privately-owned land which has, or would have, significant direct views of the mining operations on site, the Proponent shall implement visual mitigation measures (such as landscaping treatments or perimeter bunding) on the land in consultation with the owner. These measures must be reasonable and feasible, and directed toward minimising the visibility of the mining operations from the residence on the land. If within 3 months of receiving this request from the owner, the Proponent and the owner can not agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Secretary for resolution. 51. Unless the Secretary agrees otherwise, the Proponent shall: (a) screen the views of the project as far as is practicable from the section of Bucketts Way marked in red on the figure in Appendix 7 within 6 months of the date of this approval, in consultation with the RTA, Council and any relevant landowners; (b) maintain the screen and associated vegetation during the life of the project; and to the satisfaction of the Secretary WASTE 52. The Proponent shall: (a) minimise the waste generated by the project; and (b) ensure that the waste generated by the project is appropriately stored, handled and disposed of, to the satisfaction of the Secretary. 53. The Proponent shall prepare and implement a Waste Management Plan for the project to the satisfaction of the Secretary. This plan must be submitted to the Secretary within 3 months of the date of this approval, unless otherwise agreed by the Secretary. BUSHFIRE MANAGEMENT 54. The Proponent shall: (a) ensure that the project is suitably equipped to respond to any fires on site; and (b) assist the Rural Fire Service and emergency services as much as possible if there is a fire in the surrounding area. REHABILITATION Rehabilitation Objectives 55. The Proponent shall rehabilitate the site to the satisfaction of the Secretary of DTIRIS. This rehabilitation must be generally consistent with the proposed rehabilitation strategy described in the EA (and depicted conceptually in the figures in Appendix 7), and comply with the objectives in Table

116 Table 12: Rehabilitation Objectives Feature Mine site (as a whole of the disturbed lane and water) Surface Infrastructure Coal Shaft Creek Diversion Landforms Objective Safe, stable & non-polluting, fit for the purpose of the intended post-mining land use(s). To be decommissioned and removed, unless the Secretary agrees otherwise. Hydraulically and geomorphologically stable, with riparian vegetation that is the same or better than prior to mining. Final landforms sustain the intended land use for the post-mining domain(s). Final landforms are consistent with and complement the topography of the surrounding region to minimise the visual prominence of the final landforms in the post-mining landscape. Other land affected by the project Water quality Native flora and fauna habitat and corridors Final void Post-mining agricultural pursuits Community Final landforms incorporate design relief patterns and principles for consistent with natural drainage. Restore ecosystem function, including maintaining or establishing self-sustaining eco-systems comprised of: local native plant species; and a landform consistent with the surrounding environment. Water retained on site is fit for the intended land use(s) for the post-mining domain(s). Water discharged from site is consistent with the baseline ecological, hydrological and geomorphic conditions of the creeks prior to mining disturbance. Water management is consistent with the regional catchment management strategy. Size, locations and species of native tree lots and corridors are established to sustain biodiversity habitats. Species are selected that re-establishes and complements regional and local biodiversity. Safe, stable and non-polluting The land capability classification for the relevant nominated agricultural pursuit for each domain is established and self-sustaining within 5 years of land use establishment (first planting of vegetation). Minimise the adverse socio-economic effects associated with mine closure. Progressive Rehabilitation 56. The Proponent shall carry out the rehabilitation of the site progressively, that is, as soon as reasonably practicable following disturbance. Rehabilitation Management Plan 57. The Proponent shall prepare and implement a Rehabilitation Management Plan for the project to the satisfaction of the Secretary of DTIRIS. This plan must: (a) be prepared in consultation with the Department, OEH, NOW, Council and the CCC; (b) be prepared in accordance with any relevant DRE guideline; (c) build, to the maximum extent practicable, on the other management plans required under this approval; (c1) address all aspects of mine closure and rehabilitation, including post-mining land use domains, rehabilitation objectives, completion criteria and rehabilitation monitoring and management; (d) provide for scientific knowledge gained during the rehabilitation, to be made publicly available; (e) be submitted to the Secretary of DTIRIS for approval within 3 months of the date of this approval, unless otherwise agreed by the Secretary. 20

117 NOTIFICATION OF LANDOWNERS SCHEDULE 4 ADDITIONAL PROCEDURES 1. Within 1 month of the date of this approval, the Proponent shall notify in writing the owners of: (a) the land listed in Table 1 in Condition 1 of Schedule 3 that they have the right (under Condition 1 of Schedule 3) to require the Proponent to acquire their land at any stage during the project; (b) any residence on the land listed in Table 1 in Condition 1 or in Condition 4(b) or (c) of Schedule 3 that they are entitled (under Condition 4 of Schedule 3) to ask for additional noise mitigation measures to be implemented at their residence at any stage during the project; (c) any privately-owned land within 2 kilometres of the approved open cut mining pit on site that they are entitled (under Condition 11 of Schedule 3) to ask for an inspection to establish the baseline condition of any buildings or structures on their land, or to have a previous inspection report updated; (d) any residence on the land listed as 125(1) and 125(2) on the figure in Appendix 3 that they are entitled (under Condition 21 of Schedule 3) to ask for additional dust mitigation measures to be implemented at their residence at any stage during the project; and (e) the owner the land listed as 125(1), 125(2), and 116 on the figure in Appendix 3 or any residence on privately-owned land which has (or would have) significant direct views of the mining operations on site, that they are entitled (under Condition 50 of Schedule 3) to ask for additional visual mitigation measures to be implemented on their land at any stage during the project 1A. Within 1 month of the approval of the first modification to the conditions of this approval, the Proponent shall prepare a Consultation Plan for the implementation of additional noise mitigation measures at the residences listed in Condition 4(c) of Schedule 3. This plan must provide for: (a) notifying the land owners of these residences that they are entitled to ask for additional noise mitigation measures to be implemented at their residence at any stage during the project; (b) explaining the sorts of mitigation measures that could be implemented to these residences; (c) following up the initial notification of these owners with detailed discussions about the potential implementation of suitable mitigation measures; (d) explaining to these land owners that they have the right to refer the matter to the Secretary for resolution if there is a dispute about what measures should be implemented or the implementation of any agreed measures. The Plan is to be made publicly available on the Proponent s website and the plan shall be implemented to the satisfaction of the Secretary. 2. Within 2 weeks of obtaining monitoring results showing: (a) an exceedence of the relevant criteria in any condition in Schedule 3, the Proponent shall notify the affected landowner and tenants in writing of the exceedence, and provide monitoring results to each of these parties until the project is complying with the relevant criteria again; (b) an exceedence of the relevant noise acquisition criteria in Condition 3 of Schedule 3, the Proponent shall notify the relevant owner in writing that they have the right (under Condition 3 of Schedule 3) to require the proponent to acquire their land; (c) an exceedence of the relevant noise mitigation criteria in Condition 4(d) or (e) of Schedule 3, the Proponent shall notify the relevant owner in writing that they are entitled (under Condition 4 of Schedule 3) to ask for additional noise mitigation measures to be installed at their residence; (d) an exceedence of the relevant air quality criteria in Schedule 3, the Proponent shall send the affected landowners and tenants (including the tenants of any mine-owned land) a copy of the NSW Health fact sheet entitled "Mine Dust and You" (as may be updated from time to time); and an (e) exceedence of the relevant air quality criteria in Condition 20 of Schedule 3, the Proponent shall notify the relevant owner in writing that they have the right (under Condition 20 of Schedule 3) to require the Proponent to acquire their land; and (f) an exceedence of the relevant dust mitigation criteria in Condition 21 of Schedule 3, the Proponent shall notify the relevant owner in writing that they are entitled (under Condition 21 of Schedule 3) to ask for additional dust mitigation measures to be implemented at their residence. INDEPENDENT REVIEW 3. If an owner of privately-owned land considers the project to be exceeding the relevant criteria in Schedule 3, then he/she may ask the Secretary in writing for an independent review of the impacts of the project on his/her land. If the Secretary is satisfied that an independent review is warranted, then within 2 months of the Secretary s decision the Proponent shall: (a) commission a suitably qualified, experienced and independent person, whose appointment has been approved by the Secretary, to: consult with the landowner to determine his/her concerns; conduct monitoring to determine whether the project is complying with the relevant criteria in Schedule 3; and if the project is not complying with these criteria, then identify the measures that could be implemented to ensure compliance with the relevant criteria; and 21

118 (b) give the Secretary and landowner a copy of the independent review. 4. If the independent review determines that the project is complying with the relevant criteria in Schedule 3, then the Proponent may discontinue the independent review with the approval of the Secretary. If the independent review determines that the project is not complying with the relevant criteria in Schedule 3, then the Proponent shall: (a) implement all reasonable and feasible mitigation measures, in consultation with the landowner and appointed independent person, and conduct further monitoring until the project complies with the relevant criteria; or (b) secure a written agreement with the landowner to allow exceedences of the relevant criteria, to the satisfaction of the Secretary. If the independent review determines that the project is not complying with the relevant acquisition criteria in Schedule 3, then upon receiving a written request from the landowner, the Proponent shall acquire all or part of the landowner s land in accordance with the procedures in Conditions 5 6 below. LAND ACQUISITION 5. Within 3 months of receiving a written request from a landowner with acquisition rights, the Proponent shall make a binding written offer to the landowner based on: (a) the current market value of the landowner s interest in the land at the date of this written request, as if the land was unaffected by the project, having regard to the: existing and permissible use of the land, in accordance with the applicable planning instruments at the date of the written request; and presence of improvements on the land and/or any approved building or structure which has been physically commenced on the land at the date of the landowner s written request, and is due to be completed subsequent to that date, but excluding any improvements that have resulted from the implementation of any additional noise mitigation measures under Condition 4 of Schedule 3; (b) the reasonable costs associated with: relocating within the Great Lakes or Gloucester local government areas, or to any other local government area determined by the Secretary; and obtaining legal advice and expert advice for determining the acquisition price of the land, and the terms upon which it is to be acquired; and (c) reasonable compensation for any disturbance caused by the land acquisition process. However, if at the end of this period, the Proponent and landowner cannot agree on the acquisition price of the land and/or the terms upon which the land is to be acquired, then either party may refer the matter to the Secretary for resolution. Upon receiving such a request, the Secretary will request the President of the NSW Division of the Australian Property Institute to appoint a qualified independent valuer to: consider submissions from both parties; determine a fair and reasonable acquisition price for the land and/or the terms upon which the land is to be acquired, having regard to the matters referred to in paragraphs (a)-(c) above; prepare a detailed report setting out the reasons for any determination; and provide a copy of the report to both parties. Within 14 days of receiving the independent valuer s report, the Proponent shall make a binding written offer to the landowner to purchase the land at a price not less than the independent valuer s determination. However, if either party disputes the independent valuer s determination, then within 14 days of receiving the independent valuer s report, they may refer the matter to the Secretary for review. Any request for a review must be accompanied by a detailed report setting out the reasons why the party disputes the independent valuer s determination. Following consultation with the independent valuer and both parties, the Secretary will determine a fair and reasonable acquisition price for the land, having regard to the matters referred to in paragraphs (a)-(c) above, the independent valuer s report, the detailed report disputing the independent valuer s determination, and any other relevant submissions. Within 14 days of this determination, the Proponent shall make a binding written offer to the landowner to purchase the land at a price not less than the Secretary s determination. If the landowner refuses to accept the Proponent s binding written offer under this condition within 6 months of the offer being made, then the Proponent's obligations to acquire the land shall cease, unless the Secretary determines otherwise. 22

119 6. The Proponent shall pay all reasonable costs associated with the land acquisition process described in Condition 5 above, including the costs associated with obtaining Council approval for any plan of subdivision (where permissible), and registration of this plan at the Office of the Registrar-General. 23

120 SCHEDULE 5 ENVIRONMENTAL MANAGEMENT, REPORTING AND AUDITING ENVIRONMENTAL MANAGEMENT Environmental Management Strategy 1. The Proponent shall prepare and implement an Environmental Management Strategy for the project to the satisfaction of the Secretary. This strategy must: (a) be submitted to the Secretary for approval within 3 months of the date of this approval, unless otherwise agreed by the Secretary; (b) provide the strategic framework for the environmental management of the project; (c) identify the statutory approvals that apply to the project; (d) describe the role, responsibility, authority and accountability of all key personnel involved in the environmental management of the project; (e) describe the procedures that would be implemented to: keep the local community and relevant agencies informed about the operation and environmental performance of the project; receive, handle, respond to, and record complaints; resolve any disputes that may arise during the course of the project; respond to any non-compliance; respond to emergencies; and (f) include: copies of any strategies, plans and programs approved under the conditions of this approval; and a clear plan depicting all the monitoring required to be carried out under the conditions of this approval. Management Plan Requirements 2. The Proponent shall ensure that the management plans required under this approval are prepared in accordance with any relevant guidelines, and include: (a) detailed baseline data; (b) a description of: the relevant statutory requirements (including any relevant approval, licence or lease conditions); any relevant limits or performance measures/criteria; the specific performance indicators that are proposed to be used to judge the performance of, or guide the implementation of, the project or any management measures; (c) a description of the measures that would be implemented to comply with the relevant statutory requirements, limits, or performance measures/criteria; (d) a program to monitor and report on the: impacts and environmental performance of the project; effectiveness of any management measures (see (c) above); (e) a contingency plan to manage any unpredicted impacts and their consequences; (f) a program to investigate and implement ways to improve the environmental performance of the project over time; (g) a protocol for managing and reporting any: incidents; complaints; non-compliances with statutory requirements; and exceedences of the impact assessment criteria and/or performance criteria; and (h) a protocol for periodic review of the plan. Note: The Secretary may waive some of these requirements if they are unnecessary or unwarranted. Annual Review 3. By the end of December 2011, and annually thereafter, the Proponent shall review the environmental performance of the project to the satisfaction of the Secretary. This review must: (a) describe the development (including any rehabilitation) that was carried out in the past year, and the development that is proposed to be carried out over the next year; (b) include a comprehensive review of the monitoring results and complaints records of the project over the past year, which includes a comparison of these results against the the relevant statutory requirements, limits or performance measures/criteria; the monitoring results of previous years; and the relevant predictions in the EA; 24

121 (c) (d) (e) (f) identify any non-compliance over the past year, and describe what actions were (or are being) taken to ensure compliance; identify any trends in the monitoring data over the life of the project; identify any discrepancies between the predicted and actual impacts of the project, and analyse the potential cause of any significant discrepancies; and describe what measures will be implemented over the next year to improve the environmental performance of the project. Revision of Strategies, Plans and Programs 4. Within 3 months of: (a) the submission of an annual review under Condition 3 above; (b) the submission of an incident report under Condition 6 below; (c) the submission of an audit under Condition 8 below; (d) any modification to the conditions of this approval (unless the conditions require otherwise); or (e) prior to the commencement of clearing in EA (Mod 2), the Proponent shall review, and if necessary revise, the strategies, plans, and programs required under this approval to the satisfaction of the Secretary. Note: This is to ensure the strategies, plans and programs are updated on a regular basis, and incorporate any recommended measures to improve the environmental performance of the project. Community Consultative Committee 5. The Proponent shall establish and operate a new Community Consultative Committee (CCC) for the project in general accordance with the Guidelines for Establishing and Operating Community Consultative Committees for Mining Projects (Department of Planning, 2007, or its latest version), and to the satisfaction of the Secretary. This CCC must be operating within 3 months of the date of this approval. Note: The CCC is an advisory committee. The Department and other relevant agencies are responsible for ensuring that the Proponent complies with this approval; In accordance with the guideline, the Committee should be comprised of an independent chair and appropriate representation from the Proponent, Council, recognised environmental groups and the local community; and With the approval of the Secretary, this CCC may be combined with the current CCC for the Stratford coal mine. REPORTING Incident Reporting 6. The Proponent shall notify the Secretary and any other relevant agencies of any incident associated with the project as soon as practicable after the Proponent becomes aware of the incident. Within 7 days of the date of the incident, the Proponent shall provide the Secretary and any relevant agencies with a detailed report on the incident. Regular Reporting 7. The Proponent shall provide regular reporting on the environmental performance of the project on its website, in accordance with the reporting arrangements in any plans or programs approved under the conditions of this approval, and to the satisfaction of the Secretary. AUDITING Independent Environmental Audit 8. By the end of December 2011, and every 3 years thereafter, unless the Secretary directs otherwise, the Proponent shall commission and pay the full cost of an Independent Environmental Audit of the project. This audit must: (a) be conducted by a suitably qualified, experienced and independent team of experts whose appointment has been endorsed by the Secretary; (b) (c) (d) (e) include consultation with the relevant agencies; assess the environmental performance of the project and assess whether it is complying with the requirements in this approval and any relevant EPL or Mining Lease (including any assessment, plan or program required under these approvals); review the adequacy of strategies, plans or programs required under the approvals in (c) above; and recommend appropriate measures or actions to improve the environmental performance of the project, and/or any assessment, plan or program required under the approvals in (c) above. Note: This audit team must be led by a suitably qualified auditor and include experts in any fields specified by the Secretary. 25

122 9. Within 6 weeks of the completion of this audit, or as otherwise agreed by the Secretary, the Proponent shall submit a copy of the audit report to the Secretary, together with its response to any recommendations contained in the audit report. 9A. By the end of December 2013, and with every Independent Environmental Audit thereafter, unless the Secretary directs otherwise, the Proponent shall commission and pay the full cost of a Rail Haulage Audit of the project. This audit must: (a) be conducted by a suitably qualified, experienced and independent experts whose appointment has been endorsed by the Secretary; (b) review the existing rail haulage operations and determine whether all reasonable and feasible measures are being implemented to minimise the: noise and dust impacts of these operations; use of the shuttle train during the approved night-time hours; dispatch of trains from the site between 9.25pm and 1am the following day; and (c) recommend appropriate measures or actions to improve the efficiency of these rail haulage operations and minimise their associated impacts; and (d) evaluate the use of the exceptional circumstances provision in condition 8 of schedule 2, and the associated reporting on any use of this provision on the Proponent s website (see condition 8A in schedule 2). 9B. Within 6 weeks of the completion of this audit, or as otherwise agreed by the Secretary, the Proponent shall submit a copy of the audit report to the Secretary, together with its response to any recommendations contained in the audit report. ACCESS TO INFORMATION 10. Within 1 month of the date of this approval, the Proponent shall: (a) make copies of the following publicly available on its website: the documents referred to in Condition 2 of Schedule 2; all relevant statutory approvals for the project; all approved strategies, plans, programs and studies required under the conditions of this approval; the monitoring results of the project, reported in accordance with the specifications in any approved strategies, plans, programs or studies required under the conditions of this or any other approval; a complaints register, which is to be updated on a monthly basis; the agenda papers and minutes of CCC meetings; the annual reviews required under this approval; any audit of the project required under this approval, and the Proponent's response to the recommendations in any audit report; any other matter required by the Secretary; and (b) keep this information up-to-date, to the satisfaction of the Secretary. 26

123 APPENDIX 1 SCHEDULE OF LAND Tenure Type Lot Number Deposited Plan Number FREEHOLD FREEHOLD FREEHOLD FREEHOLD FREEHOLD FREEHOLD FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of FREEHOLD Part of C FREEHOLD (Great Lakes Council) FREEHOLD (Private subdivision road reserves or owned by Great Lakes Council) STATE RAIL AUTHORITY OF NSW Severed land resumed for public road Roads located within and between the above parcels of land Rail corridor located within and adjacent to the above titles N/A N/A N/A 27

124 APPENDIX 2 PROJECT LAYOUT PLANS Figure 2: Project General Arrangement 28

125 Figure 3: Project General Arrangement

126 Figure 4: Project General Arrangement

127 APPENDIX 3 LAND OWNERSHIP PLANS Figure 5: Land Ownership Plan 31

128 32

129 Figure 6: Receptors within 100 m of North Coast Railway 33

130 APPENDIX 4 IRRIGATION AREA Figure 7: Project Irrigation Areas 34

131 APPENDIX 5 OFFSET STRATEGY Figure 8: Proposed Offset Arrangement 35

132 APPENDIX 6 HERITAGE SITES Figure 9: Aboriginal Heritage Sites identified within the Study Area 36

133 APPENDIX 7 INDICATIVE LOCATION OF VISUAL SCREEN ON BUCKETTS WAY 37

134 APPENDIX 8 CONCEPTUAL REHABILITATION PLAN Figure 10: Indicative Final Landform 38

135 APPENDIX 9 STATEMENT OF COMMITMENTS SOC1. STATEMENT OF COMMITMENTS In accordance with the Director-General s Environmental Assessment Requirements, this sections provides a statement of Duralie Coal Pty Ltd s (DCPL s) commitments in relation to the Duralie Extension Project (the Project). SOC1.1 PROPOSED PROJECT ENVIRONMENTAL MANAGEMENT, MONITORING AND REPORTING The environmental assessment provided in Section 4 in the Main Report of the EA outlines proposed environmental management and offset measures for the Project including those relevant to land resources, groundwater, surface water, noise, blasting, air quality, greenhouse gas emissions, terrestrial and aquatic ecology, Aboriginal heritage, non-aboriginal heritage, road transport, socio-economics, hazard and risk and visual character. Where relevant, environmental monitoring proposals are also provided in Section 4. DCPL will review and revise the existing management and monitoring plans to incorporate the Project and address the revised management plan requirements of the Project Approval. The existing monitoring programme at the Duralie Coal Mine (DCM) will be augmented to address additional Project disturbance areas and extensions. Figure SOC-1 shows the location of environmental monitoring sites proposed to be maintained for the Project. Environmental management, monitoring and reporting will be conducted in accordance with the Project Approval conditions, with the final monitoring details (locations, parameters and frequencies) to be provided in the relevant management plans. SOC1.2 SPECIFIC ENVIRONMENTAL COMMITMENTS Environmental mitigation measures to be implemented for the Project are described in Section 4. Key commitments include: provision of alternative landholder access as a result of local road closures; design, construction and management of the post-mining alignment of Coal Shaft Creek; management of on-site waters; management and mitigation of operational noise; management of DCM run-of-mine (ROM) coal rail transport noise; monitoring of temperature inversions for noise compliance monitoring; management and mitigation of potential blasting impacts; and provision of ecological offset measures for the Project. These are described further below. Alternative Landholder Access The entire length of Cheerup Road and approximately one kilometer of Duralie Road (within Mining Lease Application 1) will be closed as a result of the Project. The formal process for road closure will be conducted in accordance with the requirements of the Great Lakes Council (GLC). These local road closures will result in the loss of existing public road access for one privately owned lot. DCPL Commitment DCPL will provide an alternative access route to the access-affected property in consultation with the relevant landholder and the GLC. On-site Water Management The original proposal for the Project incorporated a controlled release of excess mine water to the Mammy Johnsons River and additional irrigation areas to the east of the Mammy Johnsons River. During the assessment of the Project water balance and refinement of engineering and mine planning it was determined that an off-site controlled mine water release and irrigation areas to the east of Mammy Johnsons River was not required. DCPL Commitment DCPL will maintain and extend current water management measures (e.g. on-site water storage, beneficial use of contained water for irrigation and diversion of runoff from upstream sources) in accordance with the conditions of the Project Approval and Environment Protection Licence. 39

136 40

137 Coal Shaft Creek Reconstruction Coal Shaft Creek has been diverted around the existing Weismantel open pit to allow mining at the DCM. The Project surface water management system will include the continued use of the Coal Shaft Creek Diversion. DCPL Commitment Following the completion of mining activities at the DCM, a final alignment of Coal Shaft Creek will be established, stabilized and revegetated prior to relinquishment of ML DCPL commits to a final alignment with the following components: a reworked section of the existing Coal Shaft Creek Diversion channel; a reconstructed meandering channel within a corridor over the in-pit waste rock emplacement; and a drop-down section between the two above components. DCPL commits to the development of a Surface Water Management Plan to document the final design of the post-mining alignment of Coal Shaft Creek. Throughout the Project life, further analysis will be conducted into the geotechnical, hydrological and hydraulic design of the final alignment focusing on long-term stability, seepage management and the creation of habitat. The outcomes of this analysis will inform the final detailed design of the post-mining alignment and reconstruction of Coal Shaft Creek. DCM ROM Coal Rail Transport Noise There will be a slight increase in the number of DCM ROM coal rail movements to the Stratford Coal Mine from approximately 950 to 1,125 per annum and the current hours of operation of the train (7:00 am to 10:00 pm) will be extended by some four hours (i.e. 7:00 am to 2:00 am) with the written approval of the Secretary of the Department in accordance with the Project Approval. DCPL Commitment DCPL commits to replacing the existing locomotives on the DCM ROM coal transport train with GL class locomotives (or equivalent) which are quieter than the existing DCM locomotives from Year 2 of the Project (or sooner, subject to contract arrangements). Operational Noise Management and Mitigation Measures emissions at nearby residences. DCPL Commitment DCPL commits to adopting the following noise management and mitigation measures to appreciably reduce noise emissions associated with the Project: mobile equipment necessary to meet Project ROM coal production will be low noise emission standard, including up to 16 CAT 785XQ haul trucks and attenuation of other plant items (i.e. excavator, drill and grader); the use of two existing CAT 789 haul trucks will be restricted to daytime operations only; XQ D10 dozers (rather than D10 dozers) will be used in the northern extent of the Clareval North West open pit and waste rock emplacement; only two unattenuated D10 dozer will be used on site; (deleted) (deleted) (deleted) (deleted) the height of the waste rock emplacement will be restricted to relative level 135 m. Noise Management Zone (1 to 5 A-weighted decibels [dba] above Project-Specific Criteria) For private residences within the Noise Management Zone, DCPL will implement reasonable and feasible acoustical mitigation (which may include measures such as enhanced glazing, insulation and/or airconditioning), in consultation with the relevant landowner, where compliance noise monitoring shows Project noise levels are 3 to 5 dba above Project-specific noise criteria. Noise Affectation Zone (>5 dba above Project- Specific Criteria) For private residences within the Noise Affectation Zone, the following additional noise management procedures will be implemented for the Project: implementation of reasonable and feasible acoustical mitigation at receivers (which may include measures such as enhanced glazing, insulation and/or air-conditioning), in consultation with the relevant landowner, where compliance noise monitoring shows Project noise levels are greater than 5 dba above Project-specific noise criteria; and negotiated agreements with landowners where required. Due to the extension of mining operations to the north and west and the increase in the mobile fleet, the Project has the potential to result in additional noise 41

138 Direct Temperature Inversion Measurement The noise limits stipulated in the existing DCM Development Consent (DA 168/99) with respect to temperature inversions, state: The noise emission limits apply under all meteorological conditions except for: temperature inversions with a strength of greater than 3 o C/100 m for all receivers It is anticipated that should the Project be approved, the presence and strength of temperature inversions will be relevant to determine the application of noise criteria in accordance with the Industrial Noise Policy. DCPL Commitment DCPL commits to the provision of an area to offset the potential impacts of the Project and maintain or improve the biodiversity values of the surrounding region in the medium to long-term. DCPL proposes an offset area which is located on freehold Gloucester Coal Ltd/DCPL owned land (Figure SOC-2), which is currently managed for pastoral purposes. Table SOC-1 provides a summary of the proposed offset. DCPL Commitment DCPL will install suitable monitoring equipment to provide for continuous real-time measurement of temperature lapse rate in accordance with the Industrial Noise Policy. For the purposes of determining Project operational noise compliance at nearby private residences, the results of the direct temperature inversion monitoring will be converted to a temperature gradient (degrees Celcius [ o C]/100 m) for comparison to the inversion strength conditions applicable under the Project Approval. Management of Potential Blasting Impacts Consistent with the Blast Management Plan, DCPL commits to appropriate blast designs addressing aspects including total charge size, instantaneous charge size, delay between the hole explosive initiation, direction of initiation, type and quantity of stemming material and geology to minimize potential blasting impacts at nearby receivers. DCPL commits to notifying the occupants of residential receivers within 2 kilometres (km) of a proposed blast prior to the blast occurring. In addition, DCPL will establish an exclusion zone around blast events, including the positioning of sentries on public access points for privately owned properties within 500 m of a blast event. DCPL also commits to notifying the occupants of residential receivers within 2 km of Project active mining areas that they are entitled to a structural property inspection by a suitably qualified, experienced and independent person. Ecological Offset Measures Approximately 87 hectares (ha) of natural vegetation communities and 109 ha of derived grassland will be cleared for the Project. 42

139 Figure SOC-2: Offset Areas 43