1. garrymiddle@icloud.com Training for Environmental Assessment Guideline No. 17

2. garrymiddle@icloud.com Program The essence of EAG 17 Case studies Q & A – The butcher’s paper – Other

3. garrymiddle@icloud.com Package Today’s training Detailed notes Q & A document

4. garrymiddle@icloud.com First – who are the audiences? Regulators Concern and informed public

5. garrymiddle@icloud.com What is the essence of EAG 17? Focused and precise EMPs – EPA objectives – precision, relevance, robust, readable and accountable Legality - relevant Ministerial Statement conditions – Condition EMP Prefer demonstrating measurable environmental outcomes – where an environmental outcome or impact can be precise - outcome based Condition EMP – Unclear outcome “minimise impacts as far as practicable ” - management action focused

6. garrymiddle@icloud.com What is the essence of EAG 17? CEMPs effectiveness measures – compliance – outcome based Condition EMPs – achievement of outcomes – management action based Condition EMPs – implementation of stated management actions Outcome based Condition EMPs – environmental criteria – robust, credible, easily monitored, and easily interpretable

7. garrymiddle@icloud.com What is the essence of EAG 17? Management action based Condition EMPs need to specify actions Follow mitigation hierarchy – avoid, minimise, rehabilitate, offset Monitoring Reporting – Annual – Exceedance reporting – Any threshold contingency actions or revised management actions

8. garrymiddle@icloud.com What is the essence of EAG 17? Adaptive management and continual improvement Transparency – Involving and reporting to community

9. garrymiddle@icloud.com Environmental criteria Two types – Triggers – Thresholds - not to be exceeded – non-compliance Traffic lights Below trigger - Trigger exceeded - Threshold exceeded -

10. garrymiddle@icloud.com Adaptive management Changing (adapting) mitigation measures When things don’t go as expected – Criteria exceeded – Criteria management implemented – Environment doesn’t respond as expected Importance of monitoring Learning More than ‘suck it an see’ - systematic

11. garrymiddle@icloud.com Case studies Blue text is used where the case study is being referred to. Black text is used to provide guidance and explanation NOTE – case studies are case studies

12. garrymiddle@icloud.com EAG 11 and types of conditions Outcome based conditions Management based conditions Prescriptive conditions

13. garrymiddle@icloud.com Comparison of Condition types Outcome based Measurable outcome Management based Measurable outcome not possible Prescriptive Measurable outcome not possible

14. garrymiddle@icloud.com Comparison of Condition types Outcome basedManagement basedPrescriptive Measurable outcome Measurable outcome not possible Objective: Minimise direct and indirect impacts to the regionally significant XY vegetation community as far as reasonably practicable Objective: to maintain the diversity, geographic distribution and viability of fauna at the species and population levels – (Common Bottlenose dolphin) Objective: To maintain the hydrological regimes of groundwater and surface water so that existing and potential uses, including ecosystem maintenance, are protected. Condition EMP required – triggers and thresholds Condition EMP required – management actions specified & measureable management targets Prescription – “The proponent shall not carry out any dredge activities between 1 November and 31 March in any year”

15. garrymiddle@icloud.com Meeting the EPA’s objective Environmental Impact Outcome basedManagement basedPrescriptive Proponent project management Trigger level management actions implemented Non- compliance Threshold actions implemented Non- compliance Threshold actions implemented Level of environmental acceptability EPA’s Environmental objective met EPA’s Environmental NOT objective met Proponent project management Management actions in Condition EMP Review & revise management actions Proponent project management Management prescribed by Condition EMP Trigger criterion/a Management targets

16. garrymiddle@icloud.com Case study 1 - outcome-based condition and Condition EMP - Groundwater impacts of below watertable mining

17. garrymiddle@icloud.com Proposal Mining up to 30 metres below the water table. Critical groundwater-dependent ecosystem is 4km from the site. EPA concluded that its Environmental Objective will be met subject to the preparation and implementation of a Condition EMP Objective – “The groundwater regime of the area is maintained such that the diversity and ecological function of groundwater-dependent ecosystem at location XX is maintained.”

18. garrymiddle@icloud.com Condition 10.1 Prior to the commencement of ground disturbing activities within the Mine Development Envelope, the proponent shall prepare and submit a Condition Environmental Management Plan (Condition EMP) to the satisfaction of the CEO*. The Condition Environmental Management Plan shall demonstrate that Condition 10.2 has been met.

19. garrymiddle@icloud.com Condition 10.2 The implementation of the Condition EMP must ensure the environmental outcome that the groundwater regime of the area is maintained such that the diversity and ecological function of groundwater-dependent ecosystem at location XX is maintained. The Condition will require the preparation of a Condition EMP that include: – trigger criteria and threshold criteria to inform whether the condition environmental outcome is being met; – trigger level actions and threshold contingency actions to implement when relevant criteria are exceeded; – monitoring to assess whether trigger criteria and threshold criteria have been exceeded; and – reporting requirements, including annual reporting procedures, the format and timing for the reporting of monitoring data against trigger criteria and threshold criteria to demonstrate that condition 10.2 has been met, and any non-compliance with the threshold criteria. *Chief Executive Officer of the Office of the Environmental Protection Authority

20. garrymiddle@icloud.com Table of Contents of Condition EMP 1.Summary 2.Context and scope a.The Proposal b.Environmental factor(s) & objective(s) c.Conditions and sections covered in document d.Rationale & approach of condition EMP i.Results of baseline studies/modelling etc ii.Key assumptions/uncertainties iii.Overall management approach iv.Rationale for env criteria v.Rationale for choice of actions

21. garrymiddle@icloud.com Table of Contents of Condition EMP 3.Implementation of EMP 1.Introduction – key issues considered in meeting Environmental Objective 1.Results of baseline studies/modelling etc 2.Key assumptions/uncertainties 3.Overall management approach 2.Environmental criteria 3.Monitoring 1.Implementation of Trigger Level Management Actions 2.Implementation of Contingency Actions 3.Monitoring Data and Review of the EMP

22. garrymiddle@icloud.com Table of Contents of Condition EMP 3.Condition EMP provisions a.Condition outcome b.Environmental criteria – triggers & thresholds c.Monitoring d.Implementation of Trigger Level Management Actions e.Implementation of Contingency Actions f.Reporting - Monitoring Data and exceedances

23. garrymiddle@icloud.com Table of Contents of Condition EMP 4.Adaptive management 5.Stakeholder consultation 6.Supporting Technical Information

24. garrymiddle@icloud.com Case study Condition EMP 1. Summary This Condition Environmental Management Plan is submitted in accordance with Ministerial Statement No.X Conditions 10.1 and 10.2 for ____ Project by Company ___ Ltd. The table below presents the environmental criteria to measure achievement of the condition environmental outcome that must be met through implementation of this Condition EMP.

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26. Trigger criteria Trigger criterion 1: The groundwater drawdown footprint, measured as the area contained within the two metre drawdown contour, does not exceed 20 km 2.

27. garrymiddle@icloud.com Threshold criterion Threshold criterion 1: The groundwater drawdown footprint, measured as the area contained within the two metre drawdown contour, does not exceed 32 km 2.

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29. 2. Context and scope 2.1 – What is the proposal – summary from the Ministerial Statement 2.2 Environmental Factors addressed in the EMP – “This CEMP addresses the potential impacts on groundwater-dependent ecosystem at location XX some 4km away from the mine site. The proposal involves mining up to 30 metres below the water table, and significant dewatering will be required, and the anticipated area of influence because of the the drawdown to the groundwater is no more than 32 km2”

30. garrymiddle@icloud.com 2. Context and scope 2.2 (Cont) - Relevant EPA Environmental Objective – The environmental objective set for this factor is that The groundwater regime is maintained such the diversity and ecological function of groundwater- dependent ecosystem at location XX is maintained 2.3 – Conditions and EMP sections – Specifically, this CEMP is submitted in accordance with Ministerial Statement [xyz], Conditions 10.1 and 10.2 for the [______] Project:[¬____]-. The requirements of these conditions are addressed in the following sections of the CEMP:

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32. 2. Context and scope 2.4 Rationale and approach in meeting the Environmental Outcome – 2.4.1 - Results of modelling (and/or baseline surveys and studies) Summary only – e.g. Modelling of the groundwater was based on X bores monitored over Y months. The computer model used was ___ and the results peer reviewed by ___.

33. garrymiddle@icloud.com 2. Context and scope 2.4 Rationale and approach in meeting the Environmental Outcome (Cont) – 2.4.2 - Key assumptions/uncertainties – 2.4.3 - Overall management approach Not the details. – 2.4.4 - Rationale for choice of environmental criteria Measurable parameters, location of monitoring sites, frequency of monitoring, scientific basis for approach. – 2.4.5 Rationale for choice of trigger level actions and threshold contingency actions Expected outcomes of the actions and the evidence in support of this. What, if any additional monitoring will be required.

34. garrymiddle@icloud.com 3. Condition EMP provisions 3.1 Condition outcome – The environmental objective set for this factor is that The groundwater regime is maintained such the diversity and ecological function of groundwater-dependent ecosystem at location XX is maintained 3.2 Environmental criteria – Two levels of criteria were considered to measure during development of this CEMP. They are trigger criteria and threshold criteria, which will vary in function. The trigger criteria were set at a conservative level to ensure trigger level actions are implemented well in advance of the environmental outcome being compromised. The threshold criteria were framed to measure achievement of the environmental outcome. A failure to meet threshold criteria signals the environmental outcome is not being met and implies non-compliance.

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36. 3. Condition EMP provisions 3.3 Monitoring – The purpose of monitoring is to inform, through the environmental criteria, if the condition environmental outcome is being achieved and when trigger level actions or threshold contingency actions will be implemented. This section describes how [Company name]___ will undertake monitoring to determine the performance against the environmental criteria. Location of monitoring sites; Frequency of monitoring; Etc – Use a table format for this. – Monitoring should also be used to test the modelling.

37. garrymiddle@icloud.com 3. Condition EMP provisions 3.4 Implementation of Trigger Level Actions – [Company name]___ has developed trigger level actions that would be implemented if the associated trigger criterion signals the need for increased mitigation or protection (Table X). These trigger level actions will be implemented by [Company name] to mitigate and manage impacts so they once again will meet trigger criteria and safeguard threshold criteria.

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39. 3. Condition EMP provisions 3.5 Implementation of Threshold Contingency Actions – [Company name] has developed a number of threshold contingency actions that would be implemented if the associated threshold criterion signals that the environmental outcome is exceeded (Table Y). The threshold contingency actions will be implemented to manage aspects of the proposal and achieve the condition environmental outcome and manage the impact to below threshold and trigger criteria again and hence bring [Company name] back into compliance.

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41. 3. Condition EMP provisions 3.6 Reporting provisions – Annual reporting – The environmental outcome will be reported against trigger and threshold criteria (Table A) for dd/mm/yyy to dd/mm/yyyy by dd/mm/yyy in an annual report. In the event that trigger criteria or trigger and threshold criteria were exceeded during the reporting period, the annual report will include a description of the effectiveness of trigger level actions, and threshold contingency actions (if required) that have been implemented to manage the impact, as well as an analysis of trends. – Reporting on exceedance of trigger criteria and threshold criteria – In the event of exceedance of any trigger or threshold criteria, Company XY will notify the CEO of the OEPA in writing within 21 days.

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43. 4. Adaptive management and review of CEMP [Company name] will also implement adaptive management to learn from the implementation of mitigation measures, monitoring and evaluation against trigger and threshold criteria, to more effectively meet the condition environmental outcome. The following approach will be followed:

44. garrymiddle@icloud.com 4. Adaptive management and review of CEMP Its all about learning – list the items the company will review that could require changes to EMP - eg – evaluation of monitoring eg against predicted impacts from modelling; – Revise monitoring as necessary because of learning – How assumptions tested and uncertainties reduced; – Success of any trigger and threshold actions; – Revise any triggers but NOT threshold – Revise any trigger and threshold actions – Impact of unanticipated changes – Whether EMP needs to be reviewed.

45. garrymiddle@icloud.com 5. Stakeholder consultation Consistent with the EPA’s expectations for this CEMP to align with the principles of EIA, [Company name] consulted with stakeholders while developing this CEMP. This section provides a summary of consultation that occurred. The comments raised during consultations with stakeholders were considered in the development of the CEMP. The following sections present stakeholders’ comments and [Example Company’s] responses to those comments.

46. garrymiddle@icloud.com NOTE: This consultation is highly targeted

47. garrymiddle@icloud.com Case study 2: Environmental management-based – impact on regional significant vegetation

48. garrymiddle@icloud.com Proposal Export Infrastructure Project comprising a bulk materials off-loading facility, stockyard and an infrastructure corridor to transport iron ore Infrastructure has been designed and located so as to avoid regionally significant XY vegetation community. The EPA’s environmental management objective - ‘the proposal is carried out in a manner that minimises impacts to the regionally significant XY vegetation community as far as practicable.’ The EPA concluded a Condition EMP required

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50. CEMP ToC 1.Summary 2.Context and scope a.The Proposal b.Environmental factor(s) & objective(s) c.Conditions and sections covered in document d.Rationale & approach of condition EMP i.Results of baseline studies/modelling etc ii.Key assumptions/uncertainties iii.Overall management approach iv.Rationale for management actions v.Rationale for management targets

51. garrymiddle@icloud.com Table of Contents of CEMP 3.Condition EMP provisions a.Condition objective b.Risk based management actions to be implemented c.Management targets d.Monitoring e.Review and revision of management actions f.Reporting provisions - Monitoring Data and Review of the EMP

52. garrymiddle@icloud.com Table of Contents of CEMP 4.Adaptive management 5.Stakeholder consultation 6.Supporting Technical Information NOTE: only the key information is provided rather than the full CEMP

53. garrymiddle@icloud.com Management actions to be implemented Risk based management actions – Identify risks to EPA’s objective – Mitigate the higher risks through management actions

54. garrymiddle@icloud.com 1. Summary This Condition Environmental Management Plan (CEMP) is submitted in accordance with Ministerial Statement No.X Conditions 10.1 and 10.2 for ____ Project by Company ___ Ltd. The table below presents the environmental criteria to measure achievement of the condition environmental outcome that must be met through implementation of this Condition EMP.

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56. 3.2 Management Actions to be Implemented Proposal activities/aspects which may cause environmental impact to XY vegetation community have been evaluated through a risk analysis. Risk-based management actions with a priority of ‘very high’ and ‘high’ are set out in Table X.

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58. 3.3 Environmental criteria – management targets A management target will be employed to measure the efficacy of the management actions and report on relative to the condition environmental objective. [Figure x.x – Final lay-out of road and rail infrastructure relative to XY vegetation community.] The management target in Table Y will measure the efficacy of the management actions implemented relative to the condition environmental objective.

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60. 2.4 Monitoring The purpose of monitoring is to inform, through the management target, if management actions are effective relative to the condition environmental objective. This section describes how Company AB Ltd will undertake monitoring to determine whether the management target and the condition environmental objective are achieved (Table Z). Data collected on all parameters through monitoring as indicated in Table Z, will be recorded in the Export Infrastructure Proposal - Environmental Management Database. Data will be retained in this database for the life of the proposal and at least seven years following implementation of the Mine Closure Plan. Data will be analysed to produce monthly management reports that will include an analysis of trends over the life-of-project, graphs and a section on exceedances/non-compliances. All monthly management reports will be available on request for verification of implementation. Monitoring data and monthly management reports will be employed to report against the management target (Table Y).

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62. 3.5 review and revision of management actions In the event that any one of the management targets and the environmental management objective are not achieved, Company AB Ltd will implement the following procedure: – Investigate and identify the likely cause of exceedance of the management target or impacts on XY vegetation community; – In the event that the cause of an impact to XY vegetation community relates to proposal activities/aspects not identified in Table X, the risk assessment will be reviewed and revised risk-based priorities and management actions will be provided (revision of Tables X and Y);

63. garrymiddle@icloud.com Comparing the two ToC Outcome based 1.Summary 2.Context and scope a.The Proposal b.Environmental factor(s) & objective(s) c.Conditions and sections covered in document d.Rationale & approach of condition EMP i.Results of baseline studies/modelling etc ii.Key assumptions/uncertainties iii.Overall management approach iv.Rationale for env criteria v.Rationale for choice of actions Management Action 1.Summary 2.Context and scope a.The Proposal b.Environmental factor(s) & objective(s) c.Conditions and sections covered in document d.Rationale & approach of condition EMP i.Results of baseline studies/modelling etc ii.Key assumptions/uncertainties iii.Overall management approach iv.Rationale for management actions v.Rationale for management targets

64. garrymiddle@icloud.com Comparing the two ToC Outcome based 3.Condition EMP provisions a.Condition outcome b.Environmental criteria – triggers & thresholds c.Monitoring d.Implementation of Trigger Level Management Actions e.Implementation of Contingency Actions f.Reporting - Monitoring Data and exceedances Management Action 3.Condition EMP provisions a.Condition objective b.Risk based management actions to be implemented c.Management targets d.Monitoring e.Review and revision of management actions f.Reporting provisions - Monitoring Data and Review of the EMP

65. garrymiddle@icloud.com Comparing the two ToC Outcome based Management Action 4.Adaptive management - process for review of the EMP 5.Stakeholder consultation 6.Supporting Technical Information 4.Adaptive management - process for review of the EMP 5.Stakeholder consultation 6.Supporting Technical Information

66. garrymiddle@icloud.com Case study 3 – limited base-line data

67. garrymiddle@icloud.com Proposal Open cut mine Within footprint but not to be physically disturbed, a wetland which is known habitat of vulnerable waterbird Little know about the wetland, the colony of waterbirds and it nesting habitat in nearby gorges. Potential indirect impacts from noise and vibration 75 m non-disturbance buffer EPA objective - To ensure that impacts on the vulnerable waterbird are minimised

68. garrymiddle@icloud.com Condition 8 - Terrestrial Fauna – vulnerable waterbird Condition environmental objective 8-1 The proponent shall ensure that the proposal is implemented in a manner that maintains the wetland and colony of the vulnerable waterbird

69. garrymiddle@icloud.com Condition 8 - Terrestrial Fauna – vulnerable waterbird 8-4 Prior to ground-disturbing activities within the Mine/Plant Area Development Envelope, the proponent shall prepare and submit a vulnerable waterbird Management Plan to the requirements of the CEO, on advice from the Department of Parks and Wildlife. 8-5 The objectives of the vulnerable waterbird Management Plan required by condition 7-4 are to: – (1) ensure that the vulnerable waterbird colony continues to use the important nesting locations of the nearby Gorges; and – (2) ensure that the population of the vulnerable waterbird colony remains in the wetland.

70. garrymiddle@icloud.com Condition 8 8-6 The vulnerable Waterbird Management Plan shall include: – (1) a baseline survey to determine the population size of the vulnerable waterbird colony within wetland – (2) determine the baseline vulnerable waterbird movement and nesting activity between the wetland and the nearby gorges; – (3) protocols and procedures to monitor the vulnerable waterbird movement and nesting activity between wetland and the the nearby gorges before and during the development of Pit; – (4) protocols and procedures to monitor vulnerable waterbird behaviour as the proposal's activities move to within 250 metres of the wetland Exclusion Zone required by condition 6-1 during the development of Pit;

71. garrymiddle@icloud.com Condition 8 8-6 The vulnerable Waterbird Management Plan shall include: – (6) criteria to trigger implementation of management or contingency measures to prevent disturbance to the vulnerable Waterbird colony within the wetland during drilling and blasting required for the development of Pit. – (7) management and or contingency measures to be implemented in the event that the trigger criteria required by condition 8-6(6) have been reached.

72. garrymiddle@icloud.com Condition 8 8-8 In the event that monitoring carried out under the vulnerable Waterbird Management Plan required by conditions 8-4 indicates trigger criteria required by condition 8-6 have been reached the proponent shall: – (1) investigate to determine the likely cause(s) of the criteria required by condition 8-6 being exceeded; and – (2) provide a report that describes the investigation required by condition 8.8(1) to the CEO within 21 days of identification that criteria required by condition 8-6 has been exceeded.

73. garrymiddle@icloud.com “Existing” EMP analysis

74. garrymiddle@icloud.com Q and A