ALBANY PORT EXPANSION PROJECT

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1 ALBANY PORT EXPANSION PROJECT Report No.3 Ministerial Statement 846 April

2 ALBANY PORT EXPANSION PROJECT COMPLIANCE ASSESSMENT REPORT No.3 FOR THE PERIOD OF 1 st MAY th APRIL 2015 Ministerial Statement 846 Prepared by Southern Ports Authority Port of Albany RevB APRIL

3 Version Author DISTRIBUTION REVIEW Recipients No. Copies/format Date Reviewer Date RevA R.Goetze P.Mackey 1 x electronic 28/4/2015 P.Mackey 28/4/2015 RevB R.Goetze P.Mackey OEPA 1 x hard copy 1 x electronic 29/4/2015 3

4 Contents Executive Summary Introduction Background Purpose and Scope Project Status Compliance Summary Environmental Monitoring Seagrass Rehabilitation and Monitoring Annual Seagrass Monitoring References List of Appendices: Appendix A EPA Report 1542, Albany Port Expansion Project Inquiry Under s46 of the Environmental Protection Act 1986 to amend Ministerial Statement 846. Appendix B - Albany Port Expansion Project Plan (and Approval Letter) Appendix C Statement of Compliance Appendix D Albany Port Expansion Project Program Appendix E - Albany Port Expansion Baseline Monitoring: Water Quality and Seagrass Health Sampling and Analysis Programme (SAP) Appendix F - Albany Port Expansion Baseline Monitoring Water Quality and Seagrass Health Report Appendix G - Development of Seagrass Thresholds for the Management of Dredging and Disposal during Albany Port Expansion Project Appendix H - Albany Port Expansion Seagrass Rehabilitation and Monitoring Management Plan Appendix I - Implementation Report on Seagrass Transplantation for the Albany Port Authority Appendix J Seagrass Rehabilitation Monitoring Results for the Albany Port Expansion Project, March

5 Executive Summary The Albany Port Expansion Project (the Project) involves the dredging of approximately 12 million cubic metres (Mm³) of sediment to facilitate access of Cape size vessels and meet the needs of Southdown Joint Venture s (SDJV s) Southdown Magnetite Project. During September 2014, the Port of Albany submitted a request for an extension of time for commencement of the Project under s46 of the Environmental Protection Act On 23 March 2015, the extension was granted by the Office of the EPA. The project timeframe has now been extended for a further 5 years, with Condition 3 Time Limit of Authorisation updated to 18 November The advice and recommendations from the OEPA has been provided in Appendix A as part of the OEPA Report No The Project is currently in the pre-construction phase with construction placed on hold. However, despite the reduced Project movement, Condition 6 of Ministerial Statement 846 continues to be implemented, with the annual monitoring of the transplanted seagrass in Princess Royal Harbour continuing. In line with the Seagrass Rehabilitation and Monitoring Management Plan, the third period of seagrass monitoring was undertaken over a two day period in late March Utilising the approved Plan (CAP) (Appendix B), this report is intended to document the compliance status of the Project against Ministerial Statement 846 between the period of 1 st May 2014 and 30 th April A summary of the compliance status of audit elements defined by the CAP are provided in the completed audit table of this report (Table 2.2). In summary, there were zero non-compliances with the conditions of Ministerial Statement 846 during the reporting period. As previously mentioned, compliance of Condition 6 was upheld, with the second period of seagrass monitoring undertaken and completed in late March Results of the seagrass monitoring indicated that seagrass sprig survival was slightly lower than that of the previous year, with an average survival rate of 78%. This rate still exceeds that of the performance criteria of 60%, therefore infill of the seagrass rehabilitation area is not required at this stage. Given these results, it can be said that the seagrass rehabilitation is on target to meet Condition 6.2 and achieve 75% coverage in 10 years. 5

6 1. Introduction 1.1 Background The Albany Port Expansion Project (the Project) involves the dredging of approximately 12 million cubic metres (Mm³) of sediment to facilitate access of Cape size vessels and meet the needs of Southdown Joint Venture s (SDJV s) Southdown Magnetite Project. Dredging will be undertaken to widen and deepen the existing shipping channel into Princess Royal Harbour and to extend the shipping channel into King George Sound. A combination of a Trailer Suction Hopper Dredge (TSHD) and Cutter Suction Dredge (CSD) will be used. A portion of the dredged material will be used for reclamation of up to 9 hectares of land to construct an additional berth adjacent to the port while the remainder will be disposed offshore in deep water at the entrance of King George Sound. The key components of the Expansion Project are provided in Table 1.1. A detailed description of the proposal is provided in Section 1 of the Public Environmental Review document (Ecologia, 2007). For a description of water, mussel and sediment quality monitoring, please refer to the Water Quality Monitoring Program (Appendix D). Table 1.1: Key components of the Expansion Project. COMPONENT Dredging Total area to be dredged Total duration of dredging Stage 1 Dredging Stage 2 Dredging Land Reclamation (Berth 7) Total area to be reclaimed Construction of sea wall Offshore disposal area Disposal location DESCRIPTION hectares (ha) including all channel batters ha of which is an existing channel and has been dredged. 32 weeks Dredging of 300,000 m³ for reclamation area by Cutter Suction Dredge (CSD). 12 weeks. Dredging of 11.7 Mm³ by Trailer Suction Hopper Dredge (TSHD). 20 weeks. Up to 9 ha of land to be reclaimed at a height of + 4 m CD Construction of a 900 m continuous rock armoured sea wall, lined with geotextile filter cloth. This component of the works will be managed under the CEMP. Placement of approximately 11.7 million m³ of dredged material in deep water (-35 m CD) within an area of 250 ha located in King George Sound 6

7 1.2 Purpose and Scope On the 18 th November 2010, the WA Minister for Environment granted environmental approval of the Albany Port Expansion Protect under the Environmental Protection Act 1986 (Ministerial Statement 846). In fulfilment of Conditions 4.1 and 4.3 of Ministerial 846, a Plan (CAP) for the Project was prepared to the satisfaction of the Office of the Environmental Protection Authority (OEPA). The CAP included an agreed audit table which was used as the basis for assessment in developing annual Reports (CARs). The Albany Port s Plan was approved by the OEPA on 10 th June 2013 and the first CAR submitted shortly thereafter in July This document is the third CAR and is intended to document the compliance status of the Project against Ministerial Statement 846 between the period of 1 st May 2014 and 30 th April A summary of compliance is provided in Section 2, which includes the audit table elements and the status of those elements (Table 2.1). For particular audit table elements, such as those relating to environmental monitoring, more details are provided in subsequent sections and appendices. In this report, the major element of Ministerial Statement 846 reported on is the transplantation and monitoring of 1 hectare of seagrass, as required under Condition Project Status The project status has not significantly changed since the submission of the first Compliance Assessment Report in July As previously stated, the project is currently in the pre-construction phase with the majority of the construction phase works temporarily placed on hold. However, the Port has continued to proceed with implementing Condition 6 and in line with the Seagrass Rehabilitation and Monitoring Management Plan has undertaken the second period of seagrass monitoring. The second period of seagrass monitoring was undertaken over a 2 day period and concluded on the 9 th of April The results on the monitoring were provided on the 11 th of April 2014 by Oceanica Consulting Pty Ltd. An estimated date for the commencement of the construction phase cannot be provided at this stage given the current commercial issues pertaining to the Southdown joint Venture. 7

8 2. Compliance Summary An interim summary of the compliance status of audit elements defined by the Compliance Assessment Plan are provided in the audit table (Table 2.2) The audit table contains each Ministerial condition and includes the following attributes: Audit code: Ministerial statement reference number Subject: The environmental subject/issue Requirement: What the proponent must do How: The way the requirement must be undertaken /Performance Criteria Evidence: Information or data collected to verify compliance, i.e report/letter/site inspection requirements Phase: Project phase When: Specific timing and/or location Status: Describes the current stage of implementation of each component as per Table 2.1, including notes about the fulfilment of compliance. Further Information: Supporting information to verify compliance status There were zero non-compliances with the conditions of Ministerial Statement 846 during the second reporting period as specified by the audit table (Table 2.2) Table 2.1: Action Implementation Status (as defined by OEPA, 2012b) Compliance Status Terms Compliant Completed Not required at this stage Potentially Non-compliant Non-compliant In Process Definition Implementation of the proposal has been carried out in accordance with the requirement of the audit element. A requirement with a finite period of application has been satisfactorily completed. The requirements of the audit element were not triggered during the reporting period. Possible or likely failure to meet the requirements of the audit element. Implementation of the proposal has not been carried out in accordance with the requirements of the audit element. Where an audit element requires a management or monitoring plan be submitted to the OEPA or another government agency for approval, that submission has been made and no further information or changes have been requested by the OEPA or the other government agency and assessment by the OEPA or other government agency for approval is still pending. 8

9 Table 2.2: Audit Table including the status of each ministerial condition. Audit Subject Action How Evidence Phase When Status Further Info Code 846:M1.1 Proposal Implementation The proponent shall implement the proposal as documented and Provide details of Ongoing Details provided in Annual described in schedule 1 of this statement subject to the conditions implementation of key proposal Proposal implemented. and procedures of this statement. characteristics as described in Report See status of conditions below. schedule 1 of Statement :M2.1 Proponent Nomination and Contact Details 846:M2.2 Proponent Nomination and Contact Details The proponent for the time being nominated by the Minister for Environment under sections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible for the implementation of the proposal. The proponent shall notify the Chief Executive Officer (CEO) of the Office of the Environmental Protection Authority of any change of the name and address of the proponent for the serving of notices or other correspondence within 30 days of such change. Proponent nominated to implement the proposal Written correspondence providing the change in name and/or address of the proponent Proponent details as listed on Ministerial Statement 846 or as communicated to the OEPA Letter to the CEO of the OEPA notifying change of contact name and address of the proponent Ongoing Proponent name updated to Southern Ports Authority Port of Albany on 3/10/2014. Within 30 days of such change Proponent name and ABN updated to Southern Ports Authority Port of Albany on 3/10/ :M3.1 Time Limit of Authorisation The authorisation to implement the proposal provided for in this statement shall lapse and be void five years after the date of this statement if the proposal to which this statement relates is not substantially commenced. Written correspondence Provide evidence that demonstrates substantial commencement Construction On or before 18 November (OEPA ref: ) Inquiry under s46 of EP Act March 2015 EPA Report Amendment to Condition 3 to extend the Time Limit of Authorisation by 5 years to 18 November Appendix A 846:M3.2 Time Limit of Authorisation The proponent shall provide the CEO with written evidence which demonstrates that the proposal has substantially commenced on or before the expiration of five years from the date of this statement. 846:M4.1 Compliance Reporting The proponent shall prepare and maintain a compliance assessment plan to the satisfaction of the CEO of the Office of the Environmental Protection Authority. 846:M4.2 Compliance Reporting The proponent shall submit to the CEO of the Office of the Environmental Protection Authority, the compliance assessment plan required by condition 4-1 prior to the commencement of the implementation of the proposal. The compliance assessment plan shall indicate: 1. the frequency of compliance reporting; 2. the approach and timing of compliance assessments; 3. the retention of compliance assessments; 4. reporting of potential non-compliances and corrective actions taken; 5. the table of contents of compliance reports; and 6. public availability of compliance reports. 846:M4.3 Compliance Reporting The proponent shall assess compliance with conditions in accordance with the compliance assessment plan required by condition :M4.4 Compliance Reporting The proponent shall retain reports of all compliance assessments described in the compliance assessment plan required by condition 4-1 and shall make those reports available when requested by the CEO of the Office of the Environmental Protection Authority. 846:M4.5 Compliance Reporting The proponent shall advise the CEO of the Office of the Environmental Protection Authority of any potential non-compliance within seven days of that non-compliance being known. Written correspondence Prepare Compliance Assessment Plan utilizing OEPA guidelines Submit Plan indicating: 1. frequency of reporting, 2. approach and timing of compliance assessments. 3. Retention of compliance assessments. 4. Reporting of potential and actual non-compliances and corrective actions taken. 5. Table of contents of compliance reports and 6. Public availability of compliance reports. Compliance assessment will be undertaken in accordance with the Plan Retain and make available reports of all compliance assessments in accordance with Plan Compliance assessment. Written correspondence describing the non-compliance will be sent to the CEO of the OEPA Letter notifying the CEO of the OEPA that the proposal has substantially commenced Plan Plan Report Report Letter to CEO of the OEPA advising of noncompliance. Report Construction Pre- Construction On or before 18 November Prior to implementation of the proposal and as required thereafter. At least 6 months prior to the first compliance report required by condition 4-6 or prior to ground disturbing activity, whichever is sooner. Ongoing (as per requirements of CAP) Ongoing and when requested by the CEO Within seven business days of the potential non-compliance being known Plan prepared and approved 10 th June Plan submitted to the OEPA and approved 10 th June This interim Compliance Assessment Report assesses compliance against the CAP. There have been zero noncompliance with the conditions of Ministerial 846 to date. Appendix B Appendix B This document. This Table (Table 2.2) 9

10 Audit Subject Action How Evidence Phase When Status Further Info Code 846:M4.6 Compliance Reporting The proponent shall submit a compliance assessment report annually from the date of commencement of proposal implementation addressing the previous twelve month period or other period as agreed by the CEO of the Office of the Environmental Protection Submit annual Compliance Assessment Reports which 1. Are endorsed by the proponent s CEO, or approved delegate, 2. The First CAR to be submitted 15 months from date of commencement of proposal implementation, then annually Authority. The compliance assessment report shall: 1. be endorsed by the proponent s CEO or a person delegated to sign on the CEO s Include statements of compliance, 3. Identify all from the date of submission of the first compliance This report and completed Statement of behalf; 2. include a statement as to whether the proponent has potential and actual noncompliances and Report due 30 April Annually. assessment report. Report Compliance. complied with the conditions; 3. identify all potential non-compliances Appendix C and describe corrective and preventative actions taken; 4. be made publicly available in accordance with the approved compliance assessment plan; and 5. indicate any proposed changes to the compliance assessment plan required by condition 4-1. corrective/preventative actions, 4. Are made publically available and 5. Indicate any proposed changes to the compliance assessment plan required by condition 4-1. This report will be submitted prior to 30 April. 846:M5A.1 Program Preconstruction dredging activities dredging activities, the proponent shall prepare and implement a Program as a component of the proponent s Dredging and Land Reclamation Management Plan to the requirements of the CEO of the Office of the Environmental Protection Authority on the advice of the Department of Health and Department of Environment and Conservation Prepare and implement Water Quality Monitoring Program to the requirements of the CEO Report Dredging and Land Reclamation Management Plan Draft Program expected to be resubmitted to the OEPA by May Implementation of WQMP Not required at this stage. Appendix D 846:M5A.2 Program The Program shall be prepared in consultation with the City of Albany, Department of Health, Department of Environment and Conservation, Department of Water, Department of Fisheries; and local stakeholders including, but not limited to, the commercial fishing and aquaculture industries, tour operators, recreational and conservation interests Initiate Albany Dredging Reference Group (ADRG) to include local government, regulators and key stakeholders/community members as indicated in condition 5A-2. ADRG to review draft Water Quality Monitoring Program. Albany Dredging Reference Group Minutes and Chairman s Reports dredging activities, Ongoing Appendix D 846:M5A.3 846:M5A.4 846:M5.1 Program Program Marine Benthic Communities The Program shall be prepared and implemented to achieve the Environmental Quality Objectives specified in Environmental Protection Authority (February 2000) and the requirements of conditions 5, 7, 8 and 10 of this Statement and shall include: a. A map defining the levels of Ecological Protection that will apply for the duration of dredging and disposal activity and following the completion of this activity; b. Environmental quality indicators and associated trigger levels based on the guidelines and recommended approaches in the Australian and New Zealand Guideline for Fresh and Marine Water Quality (ANZECC & ARMCAMZ, 2000) and the Environmental Quality Reference Document for Cockburn Sound (EPA, 2005) for assessing performance against the Environmental Quality Objectives; c. Protocols and schedules for reporting performance against the Environmental Quality Objectives; d. Contingency measures to be implemented in the event that monitoring demonstrates that the environmental quality trigger levels have been exceeded at any point during the dredging and disposal program; and e. Details of the consultation process undertaken in accordance with condition 5A-2 including details of the parties consulted, the manner of consultation and the outcomes of consultation. If the Program requiring in condition 5A-1 demonstrates that the environmental quality trigger levels are not met, the proponent shall immediately report to the CEO of the Office of the Environmental Protection Authority with the contingency measures to be implemented The proponent shall not dredge the shipping channel using a trailer suction hopper dredge as described in Schedule 1 of this statement between 1 November and 28 February in any year. Written Correspondence Prepare and implement Water Quality Monitoring Program to meet requirements of conditions 5, 7, 8 and 10. Prepare maps. Describe environmental quality indicators and trigger levels, protocols for reporting performance, and contingency measures for when a trigger level is exceeded and consultation process undertaken as indicated in condition 5A-2. Written correspondence No dredging will occur using a trailer suction hopper dredge as described in Schedule 1 and 10 Report. Report. Letter to CEO of the OEPA advising of trigger level exceedance and contingency measures to be implemented. Records of dredge activities to be provided to OEPA/DEC. dredging activities, Ongoing dredging activities, Ongoing Must not dredge area described in Schedule 1 between 1 November and 28 February in any year. Draft Program utilizing Environmental Quality Objectives expected to be re-submitted to the OEPA by May Implementation of WQMP Not required at this stage. Appendix D

11 Condition 5-1 Report. Audit Code 846:M :M :M :M :M :M5.7 Subject Action How Evidence Phase When Status Further Info Marine Benthic Communities - Seagrass communities Marine Benthic Communities - Seagrass communities Marine Benthic Communities - Seagrass communities Marine Benthic Communities - Seagrass communities Marine Benthic Communities - Seagrass communities Marine Benthic Communities - Seagrass communities The proponent shall ensure that the implementation of the proposal does not cause the permanent loss of seagrass, either through direct or indirect impacts, other than the seagrass located within the zones of permanent loss in: i. King George Sound, as shown in Figure 4 in Schedule 1 of this statement (not to exceed 16.6 hectares); and ii. Princess Royal Harbour, as shown in Figure 5 in Schedule 1 of this statement (not to exceed 0.8 hectares), unless authorised by the Minister for Environment. Note: Permanent loss is defined as the mortality of, or long-term serious damage to, seagrass communities dredging, the proponent shall establish a monitoring program to monitor underwater light attenuation and seagrass health (by way of seagrass shoot density) using permanent relocatable quadrats, to allow for repeated measures over time, before, during and after the implementation of the proposal. This monitoring program is to establish the frequency and locations of monitoring. The monitoring locations shall be established in Princess Royal Harbour and King George Sound but outside the zones of permanent loss in condition 5-2 and include: a. impact monitoring sites - at locations where seagrass is found and where water clarity has the potential to be affected by dredging operations; and b. reference monitoring sites - which are similar to each impact monitoring site in all respects including water depths and the presence of seagrass and where water clarity does not have the potential to be affected by dredging operations, to the requirements of the CEO of the Office of the Environmental Protection Authority. The monitoring program is to include protocols and procedures which are consistent with the Environmental Protection Authority s Manual of Standard Operating Procedures for Environmental Monitoring against the Cockburn Sound Environmental Quality Criteria (March 2005) or any other appropriate protocol acceptable to the CEO of the Office of the Environmental Protection Authority dredging the proponent shall commence implementing the monitoring program required by condition 5-4 to the satisfaction of the CEO of the Office of the Environmental Protection Authority dredging, the proponent shall submit a report on pre-dredging underwater light attenuation and seagrass shoot density data from the locations required by condition 5-4. In the report the proponent shall establish the: a. calculated median, 20 th and 1 st percentile of pre-dredging seagrass shoot density for each impact monitoring site; and b. calculated median, 20 th and 1 st percentile of pre-dredging seagrass shoot density for each reference monitoring site During dredging, the proponent shall monitor underwater light and seagrass health in accordance with the monitoring program required by condition 5-4, to ensure that the following seagrass health criterion is met during the dredging operations. a. The median seagrass shoot density for each impact monitoring site is greater than the 1 st percentile of pre-dredging seagrass shoot density determined for each impact monitoring site. In the event that monitoring required by conditions 5-4 and 5-5 indicate that the seagrass health criterion in condition 5-7 is not being met, or that the proponent is unable to undertake seagrass health monitoring during dredging, the proponent shall: a. report such findings including evidence which allows the determination of the cause of the decline in seagrass health; and b. immediately cease and relocate dredging activities. The proponent shall report the above to the CEO of the Office of the Environmental Protection Authority within 4 days of the decline in seagrass health being identified Implement Water Quality Monitoring Program Include monitoring of seagrass to ensure no permanent loss through direct or indirect impacts (other than that within the zone of permanent loss) in WQMP. Ensure seagrass loss does not exceed 16.6 ha in KGS or 0.8 hectares in PRH. Develop marine benthic community seagrass and light monitoring sites (reference and impact) inside Princess Royal Harbour and King George Sound but outside the zones or permanent loss as described in Condition 5-2. Commence implementation of Water Quality Program required under condition 5-3 which is inferred by condition 5-4 Complete baseline survey monitoring of light attenuation and seagrass shoot density as described in condition 5-5. Implement continuous underwater light logging and seagrass monitoring as described in condition 5-6 Immediately cease dredging activities in accordance with condition 5-7. Written correspondence 11 Report. Report Aerial photography/satellite imagery Program (Marine Benthic Communities) Reports Program (Marine Benthic Communities) Results and data of baseline survey presented in Water Quality Monitoring Program. Albany Port Expansion Baseline Monitoring Water Quality and Seagrass Health Report Program (Marine Benthic Communities), Weekly underwater light reports and monthly seagrass health reports (to be published on APA website) Letter to the CEO of the OEPA detailing decline in seagrass loss and termination/relocation of dredging activities within 4 days of the decline in seagrass health being identified. Preconstruction Pre- Construction Pre- Construction Construction Ongoing dredging dredging dredging During dredging Within 4 days of the decline in seagrass health being identified Sampling and Analysis Programme (SAP) for baseline survey of underwater light and seagrass health developed and implemented. Monitoring program for underwater light attenuation and seagrass health developed as part of Water Quality Monitoring Program. Implementation of monitoring program not required at this stage. Baseline survey monitoring of water quality and seagrass shoot density undertaken. Light thresholds for seagrass developed. Appendix D Appendix E Appendix F Appendix G

12 Audit Code 846:M :M :M :M :M :M :M6.3 Subject Action How Evidence Phase When Status Further Info Marine Benthic Communities - Seagrass communities Marine Benthic Communities - Seagrass communities Marine Benthic Communities - Reef communities Marine Benthic Communities - Reef communities Seagrass Rehabilitation and Monitoring Seagrass Rehabilitation and Monitoring Seagrass Rehabilitation and Monitoring Following the completion of dredging, the proponent shall demonstrate that the median seagrass shoot density at impact sites is greater than or equal to the 20 th percentile of pre-dredging seagrass shoot density for each impact site as determined in accordance with condition 5-6 (a) for at least two consecutive years The proponent shall report to the CEO of the Office of the Environmental Protection Authority the total loss of seagrass communities: a. 2 months; b. 12 months, and c. 24 months, following the completion of the implementation of the proposal to demonstrate that the requirements of condition 5-2 have been met. The reports shall include co-ordinates and a map showing the areas of seagrass losses caused by the proposal The proponent shall ensure that the proposal does not cause the mortality of, or long-term serious damage to, the high relief reef communities at Gio Batta Patch and Michaelmas Reef in King George Sound as shown in Figure 3 of schedule 1. To verify that the requirements of condition 5-11 are met the proponent shall: a. submit a proposed monitoring program to measure the cover, diversity and abundance of high relief reef communities at Gio Batta Patch and Michaelmas Reef to the requirements of the CEO of the Office of the Environmental Protection Authority; b. undertake baseline survey of the reef communities prior to the commencement of dredging; c. undertake surveys following the completion of dredging; and d. submit a report with results of the surveys in items b) and c) above to demonstrate that the requirements of condition 5-11 has been met. dredging and reclamation the proponent shall commence the rehabilitation of a minimum of 1 hectare of seagrass in Princess Royal Harbour using seagrass donor material from the zone of loss in Figure 5 of Schedule 1 at a planting density that achieves 75% average cover in those areas within 10 years following planting at a location(s) to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Water and the Department of Environment and Conservation. The species to be used in seagrass rehabilitation shall include Posidonia sinuosa and Posidonia australis. The proponent shall design and implement a monitoring program for the seagrass rehabilitation required by condition 6-1 within 1 year of completion of construction activities. The monitoring program shall include monitoring of the survival and shoot density of rehabilitated seagrass annually for the four years following rehabilitation to confirm that survival and growth are sufficient to attain 1 hectare of seagrass meadow of 75% average cover within 10 years following planting The proponent shall report to the Office of the Environmental Protection Authority on the progress of seagrass rehabilitation required by condition 6-2 annually for four years following planting, and then every two years thereafter until it can be demonstrated to the satisfaction of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Water and Department of Environment and Conservation that the requirement of condition 6-1 has been met Implement monitoring of seagrass shoot density for at least two consecutive years upon the completion of dredging. Prepare seagrass shoot density reports to be submitted in Report Compile seagrass direct and indirect loss reports and provide to the CEO of the OEPA as described in condition 5-9. Written Correspondence Monitor reef communities at Gio Batta Patch, Herald Rocks and Michaelmas Reef as described in condition Develop and implement monitoring program for reef communities as described in condition Written Correspondence. Replant a minimum of 1 ha of seagrass in Princess Royal Harbour as per condition 6-1. Design and implement a seagrass rehabilitation monitoring program in accordance with the requirements of condition 6. Monitor seagrass rehabilitation progress annually as per condition 6. The Reports shall include the results of the seagrass monitoring. Report. Reports (Marine Benthic Communities) Seagrass reports. Letter to the CEO of the OEPA demonstrating requirements of condition 5 have been met. Reef Community Reports to be submitted to the CEO of the OEPA. Reports Reports (Marine Benthic Communities). Reef Community Reports to be submitted to the CEO of the OEPA. Report Transplanting/Harvesting video footage. Seagrass transplantation results/report. Seagrass Rehabilitation and Monitoring Management Plan Reports Following the completion of dredging Report at 2 months, 12 months and 24 months following the completion of proposal. Ongoing b) Prior to the commencement of dredging, Ongoing dredging and reclamation Within 1 year of completion of construction activities Annually for four years following planting, and then every two years thereafter until it can be demonstrated the requirements of 6-1 have been met to the satisfaction of the CEO Monitoring program for reef communities developed as part of Program. Implementation of monitoring program not required at this stage. First period of seagrass monitoring completed May Results submitted in first CAR in July Second period of seagrass monitoring completed April Results included in this CAR. Third period of seagrass monitoring to be undertaken in Autumn Appendix D Appendix H Appendix I Appendix J 12

13 Audit Code 846:M :M :M :M :M :M :M :M7.8 Subject Action How Evidence Phase When Status Further Info Marine Water and Sediment Quality (Mercury and Other Contaminants) Marine Water and Sediment Quality (Mercury and Other Contaminants) Marine Water and Sediment Quality (Mercury and Other Contaminants) Marine Water and Sediment Quality (Mercury and Other Contaminants) Marine Water and Sediment Quality (Mercury and Other Contaminants) Marine Water and Sediment Quality (Mercury and Other Contaminants) Marine Water and Sediment Quality (Mercury and Other Contaminants) Marine Water and Sediment Quality (Mercury and Other The proponent shall ensure that the dredging of the portion of the shipping channel shown in Figure 6 of Schedule 1 is undertaken in a manner that does not cause any overflow of turbid water into the environment from the dredge vessel. From commencement of dredging of the shipping channel in King George Sound and the disposal of material at the offshore disposal ground, the proponent shall ensure that contaminant levels in the vicinity of the dredge channel and the disposal ground in water and sediment are below the ANZECC/ARMCANZ 2000 guidelines and the Guidelines for Managing Risks in Recreational Water (National Health and Medical Research Council, 2008) for mercury and other contaminants including silver, tributyltin oxide and other heavy metals, polychlorinated biphenyls and organochlorines. The guideline for mercury in water is 0.1 micrograms per litre and mercury in sediment is 0.15 milligrams per kilogram. dredging the proponent shall develop and submit a monitoring program to monitor mercury and other contaminants in sediments and water to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Environment and Conservation and Department of Health. The monitoring program shall include the frequency and locations of monitoring sites to be established The proponent shall implement the monitoring program required by condition 7-3, prior to, during, and following the completion of dredging and disposal activities The proponent shall undertake sediment quality monitoring for mercury and other contaminants bi-annually for two years following the completion of dredging activities to ensure ANZECC/ARMCANZ 2000 criteria referred to in condition 7-2 are being met The proponent shall submit monitoring results required by: a. condition 7-2 every 2 weeks from the commencement of Stage 2 dredging activities; and b. condition 7-5 within 2 months following the completion of dredging and every 12 months following the completion of dredging for two consecutive years. to the CEO of the Office of the Environmental Protection Authority. In the event that monitoring indicates that the requirement of condition 7-2 is not being met or not being likely to be met: 1. the proponent shall report such findings to the CEO of the Office of the Environmental Protection Authority within 2 days of the exceedance being identified; 2. the proponent shall provide evidence which allows determination of the cause of the exceedance; 3. if determined by the CEO of the Office of the Environmental Protection Authority to be a result of activities undertaken in implementing the proposal, the proponent shall submit actions to be taken to remediate the decline within 2 days of the determination being made to the CEO of the Office of the Environmental Protection Authority; and 4. the proponent shall implement actions to remediate the exceedance of the criteria in condition 7-2 upon approval of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Environment and Conservation and shall continue until such time the CEO of the Office of the Environmental Protection Authority determines that the remedial actions may cease. The proponent shall make the monitoring reports required by conditions 7-6 publicly available in a manner approved by the CEO of the Office of the Environmental Protection Authority The portion of the shipping channel shown in Figure 6 shall be dredged in a manner that does not cause any overflow of turbid water. The material will be removed by accurately locating the dredge suction head using differential GPS and selectively dredging to a depth of two meters. Conduct water and sediment quality monitoring of toxicants within the dredge plume during both Stage 1 and Stage 2 dredging. Develop and submit monitoring program for toxicants/contaminants in accordance with the requirements of condition 7. Implement Water Quality Monitoring Program (Water and Sediment Quality) Undertake sediment quality monitoring for mercury/contaminants biannually for two years following dredging. Submit sediment quality monitoring results as required per condition 7-6. Written Correspondence Make reports publically available online. 13 Area of sediment removed without overflow verified by hydrographic surveys. Reports Report on water and sediment quality on a ten day working basis. Report to be submitted to the OEPA Program (Water and Sediment Quality) Reports on water and sediment quality. Reports to be submitted to the OEPA Reports Fortnightly sediment quality reports. Bi-annual sediment quality reports. Letter to the CEO of the OEPA reporting on exceedance of contaminants in water/sediment Reports published on APA website. Pre- Construction Ongoing From commencement of dredging of the shipping channel in King George Sound and the disposal of material at the offshore disposal ground dredging Ongoing Bi-annually for two years following the completion of dredging activities Results submitted every 2 weeks from the commencement of Stage 2 dredging activities Within 2 days of the exceedance being identified Within 7 days of a request for monitoring reports being made Monitoring program for toxicants/contaminants developed as part of Water Quality Monitoring Program. Appendix D

14 Contaminants) Audit Code 846:M :M :M :M :M :M8.6 Sentinel Mussel Monitoring Sentinel Mussel Monitoring Sentinel Mussel Monitoring Sentinel Mussel Monitoring Sentinel Mussel Monitoring Sentinel Mussel Monitoring Subject Action How Evidence Phase When Status Further Info The proponent shall ensure that the implementation of the proposal does not compromise the environmental objective for the maintenance of seafood safe for human consumption in King George Sound and Oyster Harbour. To verify the requirements of condition 8-1, prior to the commencement of dredging the proponent shall develop and submit a Sentinel Mussel Monitoring Program to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries, Department of Health and the Department of Environment and Conservation. The monitoring program is to include protocols and procedures which are consistent with the Western Australian Shellfish Quality Assurance Program (February 2004). The Sentinel Mussel Monitoring Program shall operate in the vicinity of Mistaken Island within King George Sound and at other location as agreed with the CEO of the Office of the Environmental Protection Authority Subject to the requirements of conditions 8-4 and 8-5, the proponent shall implement the Sentinel Mussel Monitoring Program required by condition 8-2 prior to, during and for at least 12 months following the completion of dredging dredging activities the proponent shall deploy sentinel mussels and harvest and analyse these mussels after six weeks to determine background concentrations of mercury. Immediately prior to dredging the proponent shall deploy sentinel mussels and harvest these mussels after six weeks for monitoring of contaminant levels in Clause 2 of Standard Contaminants and Natural Toxicants of the Australia and New Zealand Food Standards Code and other contaminants on the advice of the Department of Health. Fresh sentinel mussels shall then be deployed at six week intervals, then harvested and analysed as above, and this regime continued during dredging and for at least six months following completion of dredging. The sample size and analysis of samples shall consist of at least five mussels each time. If the level of mercury in sentinel mussels at any site harvested under condition 8-5 exceeds a trigger level of 0.4 mg/kg (mean value), or if the level of any other contaminant in sentinel mussels at any site harvested under condition 8-5 exceeds the trigger level for that contaminant as specified in the Sentinel Mussel Monitoring Program: a. the proponent shall report such findings to the CEO of the Office of the Environmental Protection Authority, Department of Health and Department of Fisheries within 24 hours of the exceedance being identified; b. the proponent shall provide evidence which allows determination of the cause of the exceedance; c. if determined by the CEO of the Office of the Environmental Protection Authority to be a result of activities undertaken in implementing the proposal, the proponent shall submit actions to be taken to remediate the cause of the exceedance within 2 days of the determination being made to the CEO of the Office of the Environmental Protection Authority; and d. the proponent shall implement actions to remediate the exceedance of the trigger level upon approval of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Health and Department of Fisheries and shall continue until such time the CEO of the Office of the Environmental Protection Authority determines that the remedial actions may cease. Sentinel mussels will be deployed and monitored for toxicants at two of the WA Shellfish Quality Assurance Program Mussel Water Quality Sampling Locations. Develop and submit a Sentinel Mussel Monitoring Program to meet the requirements of condition 8-1 and 8-2. Implement Water Quality Monitoring Program (Toxicants in Seafood) Sentinel mussels will be deployed 6-7 weeks prior to the commencement of dredging and harvested after six weeks. The mussels will be sent to a NATA accredited laboratory to be analysed for toxicants, including mercury. Sentinel mussels will be deployed prior to the commencement of dredging and harvested as described in Condition 8-5. Mussels will be sampled and analysed as described in Condition 8-5. Investigation to determine cause of exceedance. Submit actions to be taken to remediate the cause of the exceedance within 2 days if found to be a result of proposal activitites as described in Condition 8-6. Implement remediation actions under circumstances detailed in condition 8-6. Report findings to the CEO, Dept of Health, and Dept of Fisheries within 24 hours of the exceedance being identified Written Correspondence Reports (Toxicants in Seafood) Reports Program (Toxicants in Seafood) Reports Results of sentinel mussel monitoring submitted to the CEO of the OEPA, DoH and DoF prior to dredging and every six weeks during implementation of Stage 2. Report (Toxicants in Seafood). Results of sentinel mussel monitoring submitted to the CEO of the OEPA, DoH and DoF. Letter to the CEO of the OEPA, DoG and DoF on exceedance of mercury in sentinel mussels within 24 hours. Laboratory reports. Pre- Construction Preconstruction Preconstruction Ongoing dredging Prior to, during and for at least 12 months following the completion of dredging dredging Immediately prior to dredging Within 24 hours of the exceedance being identified. Within 2 days of the determination being made to the CEO. Sentinel mussel monitoring program developed as part of Program. Draft Program submitted to the OEPA October Appendix D 14

15 Audit Code 846:M :M :M :M :M :M :M :M :M9.5 Sentinel Mussel Monitoring Sentinel Mussel Monitoring Sentinel Mussel Monitoring Sentinel Mussel Monitoring Subject Action How Evidence Phase When Status Further Info Introduced Marine Species and Dredging Equipment Introduced Marine Species and Dredging Equipment Introduced Marine Species and Dredging Equipment Introduced Marine Species and Dredging Equipment Introduced Marine Species and Dredging Equipment Subject to the requirements of condition 8-6, the proponent shall ensure that the environmental objective of the maintenance of seafood safe for human consumption is met, and in doing so ensure contaminant levels in sentinel mussels do not exceed the standards specified in the Table to Clause 2 of Standard Contaminants and Natural Toxicants of the Australia and New Zealand Food Standards Code and standards for other contaminants on the advice of the Department of Health If the level of one or more of the contaminants in sentinel mussels harvested under conditions 8-4 or 8-5 exceeds the levels set by condition 8-7, the proponent is to report that exceedance to the CEO of the Office of the Environmental Protection Authority, the Department of Fisheries and the Department of Health as soon as possible, but in any event, not later than 24 hours of the exceedance being identified The proponent shall submit the results of the monitoring programme required by condition 8-2 to the CEO of the Office of the Environmental Protection Authority, the Department of Health and the Department of Fisheries; 1. prior to the commencement of dredging; 2. every 6 weeks during the implementation of Stage 2 dredging; and then at such intervals as required by the Sentinel Mussel Monitoring Program required by condition 8-2. The proponent shall make the monitoring reports required by conditions 8-9 publicly available in a manner approved by the CEO of the Office of the Environmental Protection Authority Prior to the arrival of any dredging and other marine equipment and vessels associated with the proposal, the proponent shall prepare a Marine Pests Management Strategy capable of detecting and managing any introduced marine pest to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries Prior to commencement of dredging and within 48 hours following entry of dredging and other marine equipment and other vessels associated with the proposal within the Albany Port Authority area as shown in Figure 1 in Schedule 1 of this statement, the proponent shall arrange and undertake an inspection by an appropriately qualified expert to ensure that: 1. there is no sediment on or within the dredging equipment; 2. ballast water (if any) has been managed according to the Australian Quarantine Inspection Service ballast water requirements; and 3. any fouling organisms on or in the dredging equipment do not present a risk to the ecosystem integrity of the marine waters of Albany harbours as shown in Figure 1 in Schedule 1 of this statement. The proponent shall manage any sediment or fouling organism found as a consequence of the inspection required by condition 9-2, in accordance with the Marine Pests Management Strategy required by condition 9-1, prior to the commencement of dredging, to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries. In the event that the dredging equipment is to be transferred from the Albany Port Authority area to another location within Western Australian territorial waters following completion of dredging and disposal activities, the proponent shall undertake an investigation employing an appropriately qualified marine scientist to identify the presence of / the potential for introduced marine pest species in accordance with the Marine Pests Management Strategy required by condition 9-1. In the event that any introduced marine pest species are detected, the proponent shall implement the Marine Pests Management Strategy required by condition 9-1 prior to the dredge equipment being moved from the Albany Port Authority area to ensure that introduced marine pest species are not transferred to other locations within Western Australian territorial waters to the requirements of the CEO of the Office of the Environmental Protection Authority on advice of the Department of Fisheries Ensure seafood is maintained for the safe consumption by humans by monitoring and reporting toxicant levels in sentinel mussels. Written correspondence Submit results to CEO of the OEPA, DoH and DoF as described in Condition 8-9. Make reports publically available, Prepare a Marine Pests Management Strategy prior to arrival of any marine equipment as described in Condition 9-1. Qualified expert to undertake inspection of vessels to meet requirements of Condition 9-2. Manage any sediment or fouling organism as required by condition 9-3. Qualified marine scientist to undertake inspection of dredging equipment for marine pests prior to departure. Implement Marine Pest Management Strategy and liaise with OEPA/DoF if marine pest species are detected. 15 Report Letter to the CEO of the OEPA, DoG and DoF on exceedance of contaminants in sentinel mussels within 24 hours. Reports/laboratory results on sentinel mussel monitoring. Reports published on APA website. Marine Pests Management Strategy Shipping/vessel schedule/logs. Inspection Report/Results. Written correspondence with CEO of OEPA and DoF on any sediment or fouling organism found during inspection. Inspection report/results. Inspection report/results. Written correspondence with CEO of OEPA and DoF on any detected marine pest species. Preconstruction Ongoing No later than 24 hours of the exceedance being identified dredging and then every 6 weeks during the implementation of Stage 2 dredging. Within 7 days of a request for monitoring reports being made Prior to the arrival of any dredging and other marine equipment and vessels associated with the proposal dredging and within 48 hours following entry of dredging and other marine equipment and other vessels associated with the proposal within the Albany Port Authority area dredging In the event that dredging equipment is to be transferred from the Albany Port Authority Area, Ongoing In the event that any introduced marine pest species are detected, Ongoing

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