Works Approval Conditions 1 General

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Environmental Protection Act 1986 Page 2 of 5 Works Approval:W5172/2012/1 Amendment date: Thursday, 4 June 2015

File No: 2012/002153 IRLB_TI0668 v2.8

Works Approval Conditions

1 General

1.1 Interpretation

1.1.1 In the Works Approval, definitions from the Environmental Protection Act 1986 apply unless the contrary intention appears.

1.1.2 In the Works Approval, unless the contrary intention appears: ‘Act’ means the Environmental Protection Act 1986;

‘annual period’ means the inclusive period from 1 April until 31 March in the following year; ‘CEO’ means Chief Executive Officer of the Department of Environment Regulation;

‘CEO’ for the purpose of correspondence means; Manager Licensing - Resource Sector (North) Department of Environment Regulation Locked Bag 33

CLOISTERS SQUARE WA 6850 Telephone: (08) 9333 7510 Facsimile: (08) 9333 7550

Email: industry.regulation@der.wa.gov.au ;

‘code of practice for the storage and handling of dangerous goods’ means document titled “Storage and handling of dangerous goods: Code of Practice“ published by the Department of Mines and Petroleum, as amended from time to time;

‘dangerous goods’ has the meaning defined in the Dangerous Goods Safety (Storage and Handling of Non-explosives) Regulations 2007;

‘environmentally hazardous material’ means material (either solid or liquid raw materials, materials in the process of manufacture, manufactured products, products used in the

manufacturing process, by-products and waste) which if discharged into the environment from or within the premises may cause pollution or environmental harm. Note: Environmentally hazardous materials include dangerous goods where they are stored in quantities below placard quantities. The storage of dangerous goods above placard quantities is regulated by the Department of Mines and Petroleum;

“Phase 1” means construction of five trenches and supporting infrastructure as detailed in the Application for Works Approval Amendment document dated 9 July 2012;

“Phase 2” means construction of forty two (42) trenches and supporting infrastructure as detailed in the Application for Works Approval document dated 27 March 2012.

‘Premises’ means the area defined in the Premises Map in Schedule 1 and listed as the Premises address on page 1 of the Works Approval;

‘Schedule 1’ means Schedule 1 of this Works Approval unless otherwise stated;

‘Works Approval’ means this Works Approval numbered W5172/2012/1and issued underthe Act; and

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File No: 2012/002153 IRLB_TI0668 v2.8

‘Works Approval Holder’ means the person or organisation named as the Works Approval Holder on page 1 of the Works Approval.

1.1.3 Any reference to an Australian or other standard in the Works Approval means the relevant parts of the standard in force from time to time during the term of this Works Approval.

1.1.4 Any reference to a guideline or code of practice in the Works Approval means the current version of the guideline or code of practice in force from time to time, and shall include any amendments or replacements to that guidelines or code of practice made during the term of this Works Approval.

1.2 General conditions

1.2.1 The Works Approval Holder shall construct the works in accordance with the documentation detailed in Table 1.2.1:

Table 1.2.1: Construction Requirements1

Document Parts Date of

Document West Pilbara Iron Ore Project Stage 1 L08/69, L08/68,

E08/1431 – Putrescible Landfill – Application for Works Approval, API Management Pty Ltd

All, including Drawings and Appendices

27 March 2012

Email correspondence - RE: WPIOP Stage 1

landfill_additional information required, Toni Munro, API Mangement Pty Ltd

All 1/5/2012, 5:16 PM

Email correspondence - RE: Stage 1 landfill works approval_for API comment, Toni Munro, API management Pty Ltd

All 23/5/2012, 3:18

PM West Pilbara Iron Ore Project Stage 1 L08/69, L08/68,

E08/1431 – Putrescible Landfill – Application for Works Approval Amendment, API Management Pty Ltd

All, including Drawings and Appendices

9 July 2012

Application to transfer or amend a licence, works approval or registration Form P4 - for W5172/2012/1

All 17/04/2015

Note 1: Where the details and commitments of the documents listed in condition 1.2.1 are inconsistent with any other condition of this works approval, the conditions of this works approval shall prevail. 1.2.2 The Works Approval Holder, except where storage is prescribed in section 1.3, shall

ensure that environmentally hazardous materials are stored in accordance with the code of practice for the storage and handling of dangerous goods.

1.3 Premises operation

There are no specified conditions relating to Premises operation in this section.

2 Emissions

There are no specified conditions relating to emissions in this section.

3 Monitoring

There are no specified conditions relating to monitoring in this section.

4 Improvements

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File No: 2012/002153 IRLB_TI0668 v2.8

5 Information

5.1 Reporting

5.1.1 The Works Approval Holder shall submit a compliance document to the CEO, following the construction of each of Phase 1 and Phase 2 of the works and prior to commissioning of the same.

5.1.2 The compliance document shall:

(a) certify that the works were constructed in accordance with the conditions of the Works Approval; and

(b) be signed by a person authorised to represent the Works Approval Holder and contain the printed name and position of that person within the company.

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File No: 2012/002153 IRLB_TI0668 v2.8

Schedule 1: Maps

Premises map

The Premises is shown in themapbelow.Thebroken black line line depicts the Premises boundary.

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Environmental Protection Act 1986 Page 1 of 8 Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015

File Number: 2012/002153 IRLB_TI0669 v2.6

Partial

Decision Document

Environmental Protection Act 1986, Part V

Proponent:

API Management Pty Limited

Works Approval: W5172/2012/1

Registered office: Level 14, 225 St Georges Terrace PERTH WA 6000

ACN: 112 677 595

Premises address: West Pilbara Iron Ore Project (WPIOP) Stage 1 Putrescible Landfill Mining tenement L08/68 within the coordinates 7548057N, 417188 E; 7547991 N, 417299 E; 7547459 N, 417108 E; and 7547571 N, 416816 E

CANE WA 6710

(as depicted in Schedule 1).

Issue date: Thursday, 7 June 2012

Commencement date: Monday, 11 June 2012

Expiry date: Saturday, 31 December 2016

Decision

Based on the assessment detailed in this document the Department of Environment Regulation (DER), has decided to issue an amended works approval. DER considers that in reaching this decision, it has taken into account all relevant considerations.

Decision Document prepared by: Lindy Twycross Licensing Officer

Decision Document authorised by: Alana Kidd

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1 Purpose of this Document

This decision document explains how DER has assessed and determined the application and provides a record of DER’s decision-making process and how relevant factors have been taken into account. Stakeholders should note that this document is limited to DER’s assessment and decision making under Part V of the Environmental Protection Act 1986. Other approvals may be required for the proposal, and it is the proponent’s responsibility to ensure they have all relevant approvals for their Premises.

Works approval and licence conditions

DER has three types of conditions that may be imposed on works approvals and licences. They are as follows;

Standard conditions (SC)

DER has standard conditions that are imposed on all works approvals and licences regardless of the activities undertaken on the Premises and the information provided in the application. These are included as the following conditions on works approvals and licences:

Works approval conditions: 1.1.1-1.1.4, 1.2.1, 1.2.2, 5.1.1 and 5.1.2. Licence conditions: 1.1.1-1.1.4, 1.2.1-1.2.4, 5.1.1-5.1.4 and 5.2.1. For such conditions, justification within the Decision Document is not provided.

Optional standard conditions (OSC)

In the interests of regulatory consistency DER has a set of optional standard conditions that can be imposed on works approvals and licences. DER will include optional standard conditions as

necessary, and are likely to constitute the majority of conditions in any licence. The inclusion of any optional standard conditions is justified in Section 4 of this document.

Non standard conditions (NSC)

Where the proposed activities require conditions outside the standard conditions suite DER will impose one or more non-standard conditions. These include both premises and sector specific conditions, and are likely to occur within few licences. Where used, justification for the application of these conditions will be included in Section 4.

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2 Administrative

summary

Administrative details Application type Works Approval New Licence Licence amendment

Works Approval amendment Activities that cause the premises to become

prescribed premises Category number(s)

Assessed design capacity

89 780 tonnes per annual period

Application verified Application fee paid

Date: N/A Date: N/A Works Approval has been complied with

Compliance Certificate received

Yes No N/A

Commercial-in-confidence claim Yes No Commercial-in-confidence claim outcome

Is the proposal a Major Resource Project? Yes No Was the proposal referred to the Environmental

Protection Authority (EPA) under Part IV of the

Environmental Protection Act 1986?

Yes No

Referral decision No: Managed under Part V Assessed under Part IV

Is the proposal subject to Ministerial Conditions? Yes No

Ministerial statement No: 881 EPA Report No: 1409 Does the proposal involve a discharge of waste

into a designated area (as defined in section 57 of the Environmental Protection Act 1986)?

Yes No

Department of Water consulted Yes No Is the Premises within an Environmental Protection Policy (EPP) Area Yes No

If Yes include details of which EPP(s) here.

Is the Premises subject to any EPP requirements? Yes No

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3 Executive

summary

of

proposal and assessment

API Management Pty Limited (API) is developing the West Pilbara Iron Ore Project (WPIOP) Stage 1, a mining and export project based on the development of a number of iron ore resources located south of Pannawonica. API proposes to construct a putrescible landfill to service the WPIOP Stage 1 accommodation, including the mine village.

The proposed landfill is located on Tenement L08/68, underlaid by Red Hill Pastoral Station, approximately 36 km northeast of the Nanutarra-Munjina Road and 70 km east of the North West Coastal Highway. The landfill is surrounded by mining tenure and mining tenements. There are no sensitive land uses within 5 km of the site. The nearest sensitive premises is the Red Hill Homestead, located approximately 25 km northwest of the premises. The predominant land use in the area is pastoral grazing and mineral exploration.

The Cane River is approximately 1 km south of the proposed landfill and the landfill is located in the Cane River catchment. There are no permanent surface water features on the site and engineering design has focused on diversion of surface flows around the landfill area. Rainfall and surface water flows are highly variable during the year and between years.

The landfill will accept up to 780 tonnes per year of putrescible and inert wastes. It will comprise of 47 trenches measuring 30 m long, 3-5 m deep and 5 m wide. The distance between each trench will be approximately 10 m. Trenches will be opened when and if required over the life of the Project. The landfill is designed and will be operated in accordance with the Environmental Protection (Rural Landfill) Regulations 2002.

The landfill will not be lined as it is not located near to a sensitive water resource and is underlain by a thick clay deposit. The depth to the water table is estimated at between approximately 13 and 25 metres below ground level (mbgl). Groundwater monitoring bores will be installed both up and down hydraulic gradient of the landfill. API have committed to monitoring groundwater quality during operations.

The landfill will be constructed in two Phases (Table 1). Phase 1 involves constructing five trenches in a fenced enclosure. To prevent stormwater ingress during Phase 1 operations, excavated material will be placed in windrows up-gradient of the open trenches. It is expected that the Phase 1 landfill facility will be operating whilst the Phase 2 landfill facility is being constructed. The Phase 2 landfill will be fully fenced with a lockable gate and surrounded by an earthen bund to prevent stormwater inflow.

Table 1. Proposed Phases

Design factor Phase 1 Phase 2

Approximate capacity 32 tonnes per year 780 tonnes per year Approximate life 2 years 17 years (cumulative)

Trenches 5 47 (cumulative)

Footprint 0.35 hectares 7.00 hectares (cumulative)

To allow for the simultaneous operation of Phase 1 trenches and construction of the remaining Phase 2 trenches, API will be required to submit a partial compliance document upon completion of the construction of Phase 1. API will then need a licence to operate the Phase 1 landfill whilst they continue to construct the remainder of Phase 2. Following completion of Phase 2, a final compliance document will need to be submitted to DEC prior to a licence amendment that allows for the operation of Phase 2.

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API submitted an application to amend the Works Approval to extend the date of expiry to December 2016 because the works approval will soon expire, the works have not yet commenced, and to align the Works Approval with the installation of the Mine Accommodation Facility under Works Approval W5064/2011/1.

There are no changes to the proposed works. Therefore the Works Approval has not been

reassessed. The emissions and discharges have previously been assessed to be of low significance if the landfill is constructed in accordance with the works approval supporting documentation. The expiry date has been amended as requested to extend the date of expiry from 10 June 2015 to 31 December 2016, and the Works Approval has been converted to the updated format.

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Environmental Protection Act 1986 Page 6 of 8

Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015

File Number:2012/002153 IRLB_TI0669 v2.6

4 Decision

table

All applications are assessed in line with the Environmental Protection Act 1986, the Environmental Protection Regulations 1987 and DER’s Operational Procedure on Assessing Emissions and Discharges from Prescribed Premises. Where other references have been used in making the decision they are detailed in the decision document.

DECISION TABLE Works Approval / Licence section Condition number W = Works Approval L= Licence OSC or NSC

Justification (including risk description & decision methodology where relevant)

Reference documents

General conditions

W1.2.2 N/A W1.2.2 is a standard condition that requires environmentally hazardous

materials to be stored in accordance with the code of practice for the storage and handling of dangerous goods.

N/A

Licence Duration

N/A N/A Work has not yet commenced due to change in owners of API Management Pty

Limited in 2014. The proposed extended expiry date will align the Works Approval with the installation of the Mine Accommodation Facility under W5064/2011/1. The Works Approval expiry date will be extended from 10 June 2015 to 31 December 2016. Email correspondence – Re - Further information required Amendment of W5172/2012/1 sent 19 May 2015 7:04

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Environmental Protection Act 1986 Page 7 of 8

Decision Document: W5172/2012/1 Amendment date: Thursday, 6 June 2015

File Number:2012/002153 IRLB_TI0669 v2.6

5 Advertisement and consultation table

Date Event Comments received/Notes How comments were taken into

consideration

2/06/2015 Proponent sent a copy of draft

instrument

Noted that application documents referred to in the works approval are authored by API Management Pty Ltd, not API Pty Ltd.

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Enviro Decisi File Nu

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Assessm

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Works Approval Conditions 1 General

Works Approval Conditions

1

General

2

Emissions

3

Monitoring

4

Improvements

5

Information

Schedule 1: Maps

Partial

Decision Document

Environmental Protection Act 1986, Part V

Proponent:

API Management Pty Limited

Works Approval: W5172/2012/1

Contents

1

Purpose of this Document

2 Administrative

summary

3 Executive

summary

of

proposal and assessment

4 Decision

table

5

Advertisement and consultation table

6

Table

Risk A

e 1: Emiss

Assessm

sions Risk

ment

k Matrix