Total Environment Centre Inc. v Shoalhaven City Council

[1989] NSWLEC 154

Land and Environment Court

of New South Wales

CITATION:

Total Environment Centre Inc. v. Shoalhaven City Council [1989] NSWLEC 154

PARTIES:

APPLICANT
Total Environment Centre Inc

RESPONDENT
Shoalhaven City Council

FILE NUMBER(S):

10367 of 1989

CORAM:

KEY ISSUES:

:-

LEGISLATION CITED:

Environmental Planning and Assessment Act, 1979

CASES CITED:

DATES OF HEARING:

DATE OF JUDGMENT:

01/01/1989

LEGAL REPRESENTATIVES:

JUDGMENT:

NOTICE TO APPLICANT OF

DETERMINATION OF A DEVELOPMENT APPLICATION

To Town Clerk of Shoalhaven City Council being the applicant in respect of Development Application No.88/2825 (Extractive Industry - Rock Quarry), relating to the land described as follows:

Comberton Grange, Lot1, D.P. 725955, Falls Creek

Pursuant to Section 92 of the Act, notice is hereby given that the Development Application has been determined by granting of consent, subject to conditions.

The conditions of the consent and reasons for such conditions are set out as follows:

COMMENCEMENT OF CONSENT

Pursuant to s.93(1)(b) of the Environmental Planning and Assessment Act, 1979, the consent shall become effective and operate after the expiration of twenty-eight days from the date of consent that is upon this notice.

COMPLIANCE

1. Development consent shall be strictly in accordance with the submitted application and Environmental Impact Statement except as otherwise modified by this approval.

2. Compliance with Standard Conditions, where applicable, copy of which is attached.

CONSULTATION

3. As the proposed activity constitutes scheduled premises under both the Clean Air Act, 1961 and the Noise Control Act, 1975, application is to be made to the Regional Office of the State Pollution Control Commission, P.O. Box 1665, Wollongong 2500, and the approval of that authority must be obtained before the commencement of any works.

4. The site shall be rehabilitated in accordance with Plan No.G238307 and shall be implemented in consultation with the Soil Conservation Service of New South Wales and the State Pollution Control Commission and the National Parks & Wildlife Service.

CONDITIONS OF CONSENT

5. This consent is limited in the following terms:

a) Extraction of material being for a maximum extraction rate of 35,000/tonnes/annum;

b) Extraction material is limited to the boundaries of the quarry site as indicated in the Quarry Management Plan No.G238303B and designated as Stage1;

c) Quarrying shall not commence until all environmental safeguards required by this consent have been put into place and are fully operational.

6. The hours of operation of the quarry shall be restricted to:

7.00am to 6.00pm Mondays to Fridays

8.00am to 1.00pm Saturdays

No operation on Sundays or public holidays.

Hours and days of operation may extend outside the above times if it can be demonstrated that material is urgently required for some other emergency use approved on application.

7. The Applicant shall apply for the relevant approvals and/or licences from the following authorities and comply with any conditions that are so imposed:

a) State Pollution Control Commission

b) Water Resources Commission

c) Forestry Commission.

8. To provide appropriate resources for emergency work, a contingency fund shall be created which shall contain sufficient funds to implement necessary work to safeguard against potential environmental damage and for the progressive rehabilitation of the site, to be entitled the Comberton Grange Environmental and Restoration Fund.

LAND CLEARING

9. The vegetation communities located on the fertile dolerite soils as outlined in the report of DrK.Mills dated November, 1989 shall not be removed or be the subject of excavation. During the establishment of the quarry a qualified ecologist shall be present to identify the significant features of these communities.

10. Vegetation shall only be removed as quarrying work progresses and/or for sedimentation ponds, bund walls, processing sites and work sites.

11. Clearing of vegetation for roads, including road verges, shall be kept to a minimum and large trees shall be retained where the road can reasonably be redirected.

12. All hollow logs and hollow trees outside the working area shall be retained for fauna habitat.

13. All vegetation to be disposed of by burning shall be windrowed in an area to afford maximum fire protection.

14. All exposed earth shall be appropriately stabilised to avoid run-off and siltation. PROVIDED that such stabilisation does not require the importation of exotic species.

15. Appropriate fire protection measures shall be at hand during burning-off periods to the satisfaction of Council's Bushfire Control Officer. No burning shall take place on days of total fire ban nor where conditions are not satisfactory for the purpose.

16. All topsoil removed from the cleared areas shall be stockpiled in an appropriate location above the stormwater retention basins shown on Plan G238303B and within the area shown as "Stage1" for later use in revegetation works.

ENVIRONMENTAL PROTECTION MEASURES

17. a) The quarry shall be conducted in accordance with the Management Plan which is annexed hereto and marked "B", together with plans No.G238303B, G238304, G238305 and G238306B.

b) All drainage protection measures in the Management Plan shall be installed and fully operational at each relevant stage of quarrying activity.

c) The only drainage from the quarry to be overflow from the stormwater retention basin and shall be directed into Georges Creek to ensure that no works or drainage will enter the catchment area of Bid Bid Creek.

18. To control erosion and ensure water quality:

a) The sedimentation ponds shall be cleaned at regular intervals and the sediment disposed of off-site at an approved disposal area.

b) Appropriate dissipaters shall be installed at the discharge points of the bund walls, sedimentation ponds and diversion channels.

c) Regular water samples shall be taken at the last discharge point into Georges Creek to ensure compliance with water quality controls under the State Pollution Control Commission Act. Details of water sampling shall be endorsed by the State Pollution Control Commission and submitted with the Quarry Management Plan. The results of such sampling to be provided to the State Pollution Control Commission.

19. To control the transmission of dust:

a) When conditions are likely to transmit dust outside the quarry buffer area, water tankers shall be used on quarry roads and access roads to suppress dust. Care is to be exercised during watering to control erosion and sedimentation.

b) Any water used for dust suppression shall be taken from the stormwater retention basin or the Council pipe on the Highway.

20. To control the emission of noise:

a) Blasting shall be restricted to 9.00am to 3.00pm Mondays to Fridays only, with Public Holidays excluded, or as otherwise approved by Council on application.

b) An appropriate noise attenuation berm shall be constructed around the plant site which shall be immediately vegetated.

c) Noise emissions shall not exceed those levels as required by the State Pollution Control Commission.

21. To reduce the effects of ground vibration, the blast charges and techniques shall be limited to those as recommended in the EIS, being limited to:

a) A maximum instantaneous charge 66kg AN60.

b) Care to be taken during drilling to ensure the burden is never below 2.4m.

c) Stemming to be at least 2.4m.

d) All cordex on the surface to be covered with at least 300mm drilling or crushed rock.

22. To avoid water and ground pollution from fuel and chemicals:

a) An impervious retention basin of equivalent storage capacity to the stored liquid shall be constructed around any storage tank of fuel or chemical.

b) The transfer of fuel in all refuelling operations shall occur within the retention basin.

c) All storage tanks of fuels or chemicals shall be fitted with tamper proof valves.

d) All fuels and chemicals shall be stored in a man-proof compound at all times and shall not be accessible by unauthorised personnel or vandals.

Details of fuel and chemical storage shall be submitted for approval with the Quarry Management Plan.

23. Haulage of material shall not extend beyond the haulage of 1000tonnes of material per day.

24. To overcome dust nuisance problems on the eastern- most section of Forest Road adjacent to residences, the sealing of this section shall be implemented prior to the quarry commencing operation.

25. During haulage times, the following safety measure shall be put into place:-

Appropriate signage shall be installed at regular intervals along the principal access roads from the Highway to indicate the movement of heavy vehicles.

26. The intersection of Forest Road and Quarry Road shall be upgraded to a standard to cater for the movement of haulage vehicles prior to the commencement of quarrying.

27. Immediate restoration work shall take place on the test site and shall be completed prior to the commencement of quarrying. Details of restoration work shall be submitted for approval with the Quarry Management Plan.

28. a) The Applicant shall enter into a Conservation Agreement with the National Parks and Wildlife Service in respect of:

i) The Red Gum communities on dolerite as shown on figure 1 annexed hereto and shown as area "A";

ii) The Bid Bid Creek catchment shown on figure1 annexed hereto and shown as area "B";

iii) Eucalyptus robusta shown on figure1 annexed hereto and shown as area "C".

b) The Applicant shall enter into negotiations with the National Parks and Wildlife Service in respect of other areas of conservation value on the Comberton Grange property.

29. Details for the construction of the Retention Basin shown on Plan No.G238303B shall be to the specifications approved by, and amended to include any conditions recommended by:

a) Department of Water Resources;

b) Dam Safety Committee;

c) Soil Conservation Service;

or the successor of any such Government department.

30. The Plan of Management of the Quarry to be approved by:

a) Soil Conservation Service;

b) National Parks & Wildlife Service;

c) State Pollution Control Commission;

or the successor of any such Government department.

31. The Plan of Management to include the rehabilitation of the test site in accordance with a plan approved by the Soil Conservation Service and the National Parks & Wildlife Service, such plan to include on- going maintenance.

32. The Plan of Rehabilitation shown on Plan No.G238307 to be amended to include:

a) The "Haulage Road" to be removed.

b) "Minor Stockpile (topsoil)" to be indicated as removed on rehabilitation.

c) Landscaping of the whole of the quarry floor to be provided for.

d) Future staging to be removed.

e) Indicate that "stockpiles to be vegetated" are the overburden stockpiles.

f) Deletion of "Supply additives to counteract possible loss of micro-organisms".

g) The topsoil to be mulched with organic material (predominantly leaf origin) obtained from site.

h) Japanese millet, winter oats, red clover and rye grass not to be used in the cover crop. Native species obtained on the site are to be used.

i) No mulch to be imported to the site.

33. To ensure proper long-term rehabilitation of the site, the works outlined in the attached Rehabilitation Plan G.238307 shall be maintained for a minimum period of five years following the completion of the subject rehabilitation plan or such other period deemed necessary by the Soil Conservation Service (or its successor).

34. Following rehabilitation of the quarry site, the spillway will be modified to ensure dam safety and revegetation of the newly available area to occur according to the principles of the revegetation plan.

TOTAL ENVIRONMENT CENTRE INC. V. SHOALHAVEN CITY COUNCIL

Matter 10367 of 1989

MANAGEMENT PLAN

Quarrying operations at Comberton Grange will be undertaken in accordance with the following procedures:

1. The construction of the storm retention basin and quarry site clearing to be to the satisfaction of the N.S.W. Soil Conservation Service.

2. The area for the retention basin from the toe of the embankment batter will be taped off as a no-go area for all plant and equipment. The area between CS1- CS2 on Council's Management Plan G238303B will be similarly marked off (below quarry entrance).

3. All trees will first be removed causing minimum disturbance to top soil and undergrowth. Millable timber will be used for Council operations. The remaining material will be provided as a source of mulch for Council operations and the provision of firewood.

4. Topsoil and vegetable matter to a depth of approximately 100mm will then be recovered from the basin and quarry site and stockpiled in windrows along the toe of the dam wall. Machinery will not in this operation enter or turn in the taped-off areas.

5. These works will be carried out by dozer and scraper.

6. Earth works will then proceed excavating the basin and using that fill for the dam wall, any additional fill required will be quarried sandstone.

7. Upon completion of basin and spillway stockpiled top soil at the base of the dam wall will be pulled back up the slope and top of the wall and sown with grasses to the recommendations of the Soil Conservation Service. The completed dam wall will range in height from 1m to 12m and have batters of 3:1 which reduces its impact at the highest point. The toe of the wall will be provided with select ripped sandstone for drainage purposes. Aclay core is also provided.

7A. Discharge from the retention basin will be by means of a raft mounted pumping unit and will discharge over the spillway. The draw-off point will be at the surface of the water ensuring clear water discharge. This system will be used for lowering the water level in the dam when built up sedimentation within the basin requires it to be removed.

8. The existing access track to the quarry will be relocated along the northern boundary and will be drained with grassed walls. Similarly a stormwater deflection bank will be constructed above Stage1 sealing the quarry area from run-off. The deflection bank will be provided with a detention basin and overflow control measures consisting of rip rap rock.

9. Management Plan G238303B shows initial quarry excavation to be restricted to a width of 30m between ch.00 and ch.200. Beyond ch.200 the 30m face will widen to the full width of 200m.

The floor of the quarry will slope at 1% towards the working face (CS4) and having a side slope of 0.5% towards the drain to be constructed along the northern face and along which a drain will take all stormwater to the retention basin. That drain will have a grade of 0.5%.

10. Quarry operations will generally follow the following procedure:

Drilling and blasting will be undertaken by contract. Each operation will be limited to:-

a) Maximum instantaneous charge 66kg AN60.

b) Care to be taken during drilling to ensure the burden is never below 2.4m.

c) Stemming to be at least 2.4m.

d) All cordex on the surface to be covered with at least 300mm drilling or crushed rock.

Delays between instantaneous shots to be at least 15m/sec.

Between each blasting operation an excavator will pull material away from the working face into a stockpile. Upon the winning of the contracted quantity, a contract portable crusher will be located adjacent to the stockpile and with loaders proceed to crush sandstone (75mm minus) stockpiling at its rear. Workings will progress between chainages such that at chainage CS3. a face of sandstone (17m) and dolerite (6m) will be achieved. From this point dual workings will be established allowing the production of D.G.B.20 dolerite (road base). This will require the contracting of both primary and secondary crushing units. All stockpiling will be contained within the quarry workings.

11. Final side walls of the quarry will be stepped having risers no greater than 12m and treads 4m wide. These will again be covered with overburden and topsoil to a minimum depth of 500mm and then planted with trees and scrubs at a maximum spacing of 2m. The proposed berms will be at varying height levels and have smaller risers at the top of the quarry wall.

12. All work is to proceed in accordance with State Pollution Control Commission requirements as detailed in their letter of 24thNovember, 1989, a copy of which is attached hereto.

13. All fuel stored on site will be located within a bund wall having sufficient capacity to contain volume of fuel stored.

14. All sediment obtained when dredging the retention pond is to be stockpiled with existing overburden stockpiles and vegetated as per Council's rehabilitation plan for the treatment of overburden.

15. The sedimentation pond will be cleared of sediment by either a drag line or a long reach elevator.