State Significant Development
Cabbage Tree Road Sand Quarry
Port Stephens
Current Status: Determination
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The project would involve clearing 42.25 hectares (ha) of land in order to establish an extraction area, site facilities, processing and stockpile areas and a quarry entry and deceleration and acceleration lanes on Cabbage Tree Road.
Consolidated Consent
Modifications
Archive
Request for DGRS (3)
Application (2)
DGRs (1)
EIS (24)
Submissions (64)
Response to Submissions (36)
Recommendation (3)
Determination (4)
Approved Documents
Management Plans and Strategies (11)
Agreements (5)
Reports (32)
Independent Reviews and Audits (1)
Note: Only documents approved by the Department after November 2019 will be published above. Any documents approved before this time can be viewed on the Applicant's website.
Complaints
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Make a ComplaintEnforcements
Official Caution issued to Williamtown Sand Syndicate Pty Ltd (SSD 6125, Port Stephens Council LGA)
On 25 May 2020, the Department issued an Official Caution to Williamtown Sand Syndicate Pty Ltd, (Newcastle Sand), for failure to comply with approved hourly truck limits at the Cabbage Tree Road Sand Quarry. The truck movements were being undertaken as part of the recently approved Glass Sand Trial at the quarry. Newcastle Sand has complied with the truck limits since being made aware of the breach. The Department is continuing to monitor compliance with the project approval.
Enforceable Undertaking – Williamtown Sand Syndicate Pty Limited (SSD-6125) Port Stephens LGA
On 26 May 2022, NSW Planning accepted an Enforceable Undertaking from Williamtown Sand Syndicate Pty Limited (Newcastle Sand), for multiple failures to implement the approved Biodiversity Rehabilitation Management Plan (BRMP) during 2019, 2020 and 2021 at the Cabbage Tree Road Sand Quarry. Newcastle Sand has undertaken to pay $20,000 to both W.I.N.C. (Wildlife in Need of Care) and the Port Stephens Koala Hospital to assist in the continued provision of their respective services. Additional details available here.
Penalty Notice issued to Williamtown Sand Syndicate Pty Limited (SSD- 6125) Port Stephens LGA
On 22 March 2024, NSW Planning issued a $15,000 Penalty Notice to Williamtown Sand Syndicate Pty Limited for failing to update the Maximum Extraction Depth Report for the Cabbage Tree Road Sand Quarry at the timing required by the conditions of consent. The company is currently preparing the report which the department expects to be submitted imminently.
Inspections
3/03/2020
27/05/2020
27/08/2021
13/09/2021
10/10/2021
26/10/2021
15/12/2021
7/04/2022
15/11/2022
22/11/2022
15/03/2023
22/08/2024
21/01/2025
Note: Only enforcements and inspections undertaken by the Department from March 2020 will be shown above.
Submissions
Peter Orre
Object
Peter Orre
Message
Name Withheld
Object
Name Withheld
Message
the sand mine is located within a groundwater catchment that supplies drinking water to the Hunter
the sand mine is located within the 'Red Zone' where groundwater is contaminated by toxic chemicals from the Williamtown RAAF base and the impact a sand mine in this area may have on the spread of contamination has not been assessed
there is no offset package described in the Environmental Impact Statement (EIS), therefore the application is invalid
there are serious health impacts from sand mining such as silicosis and other respiratory illnesses
the sand mine will create an extra 140 truck movements per day.
Name Withheld
Object
Name Withheld
Message
Rebecca Stevens
Object
Rebecca Stevens
Message
Please ensure the preservation of all koala habitat in the Port Stephens Shire and commence plantings of green corridors to ensure the survival of these precious animals.
Joanne Zerafa
Object
Joanne Zerafa
Message
Name Withheld
Comment
Name Withheld
Message
Name Withheld
Object
Name Withheld
Message
I suggest this conclusion is based on incorrect data and the findings therefore incorrect.
With sand trucks decelerating to turn into the sand quarry, there will be increased noise due to the drivers' use of compression braking to slow the vehicle prior to turning, even if roadside signs are erected to limit compression braking. Many drivers totally ignore these signs.
Then with the fully laden trucks accelerating away from the quarry, there will be a noticeable increase in noise until they reach road speed, which will be a considerable distance.
As a result I believe if the project is approved, it must be on the condition that affected residents, i.e. those opposite and on the entrance side adjacent to the entrance/exit have noise abatement walls installed, as is the case along other major roads in NSW.
Chris McLean
Object
Chris McLean
Message
The Koala
The Port Stephens area is an important population for the Koala, at a state and federal level. This is recognised by the federal Department of the Environment and the NSW Office of Environment and Heritage. The study by Umwelt and previous surveys by RPS recorded a number of Koalas within the study area, however exact densities were not presented, which is a deficiency of the presented report. Our work in similar Swamp Sclerophyll forest vegetation at Port Stephens has found home range sizes of animals in this vegetation type is in the vicinity of 2-4 hectares, while animals also occur in drier Blackbutt forests adjacent to Swamp Sclerophyll forest. I believe that a large proportion of the study area is important for the long term survival of the Koala in the Port Stephens local government area. Subsequently while not considered under the EP&A Act, a Referral under the Federal EPBC Act is required.
A site specific Koala Plan of Management is also presented and unfortunately this is one of the least rigorous plans I have ever reviewed. The issues include:
-The review of the ecology of Koalas predominantly includes only references from the OEH website, rather than peer reviewed literature. It is unlikely that the authors have a detailed understanding of the ecology of the Koala, based on the cited literature of this review.
-Statement of Koalas preferring larger trees (section 2.2). This is not always correct, for example Sally Radford at Pine Creek while radiotracking Koalas found that they actually preferred smaller trees, as these are easier to climb than larger trees.
-Local population size: no attempt has been made to estimate the Koala population size within the study area, or adjoining lands. The reference of Lunney et al. (2007) population of 800 individuals is a hypothetical estimate for the purpose of a population viability analysis, rather than field survey data. This is a major deficiency of this Koala Plan of Management.
-Tree felling procedure: this methodology is unlikely to assist the Koala in any great extent, as Koalas are not hollow-dependent fauna. The visual canopy inspection is unlikely to identify more than 50% of Koalas will be identified by a day search. This estimate is based on recent work in SE Queensland by Jon Hanger who found that of several hundred animals fitted with a radiocollar, only half were able to be visually identified within 10 minutes, despite being known to occur in a specific tree.
-Traffic and vehicle strike: in order to minimise vehicle strike, Cabbage Tree Road where the project area adjoins should be fitted with floppy top fencing and roller grids to reduce Koala vehicle strike directly attributable to increased vehicle traffic movements from the project.
-Monitoring program: the proposed monitoring program contains no science and is worthless. Additional information on the proposed methods are required. I would suggest that any Koalas found within the impact area are fitted with a GPS collar for at least one year post clearance and that a 10km x 10km monitoring program, consisting of spotlighting and SAT sites are established for the life of the mine. Where a decline in the local Koala population occurs, that cannot be not attributable to the mine, additional direct or indirect offsets must occur.
-Plan review: ideally the plan should be reviewed by an independent Koala ecologist, external to Umwelt.
Offsetting
No formal offset or offset calculations using the NSW Biobanking calculator have been included. This is a key requirement for any development in NSW and is required before any approval can occur. It is disappointing that details of offsets are not included in the provided documentation.
General impact assessments
Numerous `one liner' comments occur stating that the removal of ~50 ha of habitat is unlikely to result in a significant impact on threatened species. Essentially Umwelt claims that as adjoining habitats occur, the removal of this habitat is unlikely to place the local population at increased risk of extinction. No calculation of the percentage of the amount of the local habitat (i.e. within 5 km) of the study area proposed for removal are provided. Therefore no justification for the one liner comments occur. The Seven Part Tests need to be re-written for all species.
Squirrel Glider
A significant impact is likely to occur on this species and the study area is likely to support an important population. The Seven Part Test contains some unsupported facts, such as the home range size of the species which should be referenced.
julie Bailey
Object
julie Bailey
Message
We believe that having another sand mine in the Red Zone is ludicrous the environment in which you will be allowing this sand mine to happen is home to our Koalas and other native animals. We deal with enough traffic on our Roads now with out you adding more Heavey vehicles. As a community we have dealt with a number of fires a mini cyclone the water contamination from the RAAF BASE which is yet to be stopped.... when is enough stress enough, in good faith you cannot allow this to happen while ever the PFOS &PFOA is still leaching off the Base. When is our community and it's children going to be put first before the almighty dollar?
Geoff Walker
Comment
Geoff Walker
Message
If mining reduces the dune height , koala food trees thrive with the topographical level lower. I doubt that any koalas live in the proposed mining area.
Tania Craig
Object
Tania Craig
Message
Listed are my points of concern...
1. Why mine contaminated sand and spread the risks more then whats already happened
2. Why destroy a Koala habitat isnt that what poer stephens boasts about.
3. Why put the residents through a higher health risk then what we already have.
4. Why congest our roads that clearly are not coping now with more trucks
5. More trucks causes more road accidents, more sand on surface of roads and why do we have to put up with the damage to our vechiles from loose sand blasting our cars
6. Why doesn't the council listen to port stephens residents.
7. Why is the WH&S ACT 2011 NO 10 being ignored
I used to like living here but lately its become a toxic, ignored waste land the residents have no say in any thing and im ashamed to tell people i live in salt ash. Our roads are dangerous and a mess. And what happened to preserving fauna and flora. The beaches were closed to the public due to damage and polutants but yet it seems ok to put all these sand mines in and polute our drinking water, people have lost business's, people properties devalued, people who rely on their spears points cant use them only tank water. Everyone is arguing over who is gunna pay for some to connected to town water. Its costs families to buy water to drink when it would be cheaper to be connectec to town water. NO MORE SAND MINES fix port stephens and help the people not destroy us more.
Natalie Finch
Object
Natalie Finch
Message
John Bell
Object
John Bell
Message
Conversely, the application will destroy a significant amount of flora and fauna habitat for a range of threatened or endangered species. While some of the flora can be replanted, much of the rarer species are unlikely to recover their existing diversity. Nine years of access by mining equipment and support vehicles will disturb the entire site almost continuously. This disruption to nesting, feeding and breeding opportunities will create a major and permanent loss of fauna diversity and decline in numbers of threatened or endangered species that are unlikely to recover in an area that has had significant and major areas of disruption nearby. This is one of the few remaining areas of these types of habitat in the region.
The ecological assessment attached to this application concludes; "It is considered that some sensitive development of the site may be permitted, provided a representative area is permanently conserved as part of any future project". It is simply unbelievable that a sand extraction process can be considered "sensitive development". The application proposes to destroy a large area of preferred koala habitat without significant permanent representative areas being set aside.
Gina Mayes
Object
Gina Mayes
Message
Name Withheld
Object
Name Withheld
Message
Racheal Mangan
Object
Racheal Mangan
Message
I believe it poses too many threats to the local community as well as to important koala habitat.
I work in the Salt Ash area and have been living through the recent toxicity worries. It seems unwise to open a Pandora's box and further risk the water table and environment in general.
The port Stephens koala population is a valued and precious recourse both to tourism and biodiversity. It should be properly respected. Koalas are struggling with the weight of progress and need to be given adequate protection as they are alread living in fragmented, sub optimal habitat.
I do not support this proposal and ask for a more balance proposal that respects the environment and the community. .