MOD 6 - Ore and Waste Transportation

This is a pre-approval matter that needs to be sent to [email protected] to collate a combined response from both NRAR and DPIE Water.

Kind Regards,

Deb

Crown land review
The department has made its review and notes that many of the environmental criteria and issues considered in relation to proposed activities on Crown land have been satisfactorily addressed in the Modification Report (prepared by R.W. Corkery & Co. Pty. Limited, November 2020). Items for consideration are detailed below:

Crown land tenures
Section 1.3 (Page 3) states that the proposed modification will include a section of Lot 3129 DP765334, being Western Lands Lease (WLL) 2577 held by the proponent – the department’s database identifies this land parcel as being WLL 5379 held by another Holder. While Travelling Stock Reserve (TSR) 8792 traverses Lot 3129 DP765334 in the northeast corner and is positioned over the WLL, the Modification area will not affect the TSR.

The department notes that the proponent is seeking a separate approval for the construction of two new bores (PWB004 and PWB006) within the Extended Mine Site Boundary.

Crown land licences
A Crown land licence (issued under the Crown Lands Management Act 2016) may be required by the department to authorise activities associated with the surface water pipeline infrastructure proposed to be over Lot 3129 DP765334 (being WLL5379). A licence may be required for any easements or additional infrastructure that may be positioned or that will traverse the land outside of the existing/approved Mining Lease (ML) 1686 and proposed additional Hera Mine Site Boundary.

Easements and Acquisitions
Easements can take up to 12 months to complete the required survey and registration. If early use and occupation of the lands is required; the proponent may apply for a Crown lands licence over the affected area(s). Once the easement is registered, the licence would then be terminated.

It is a departmental requirement that any and all easements (or respective licence), that have not already been approved by the department, must be obtained prior to any activity occurring.

Proposed Modification Area
The extension of the Hera Mine Site Boundary south into the Extended Mine Site Boundary will house all mining and associated supporting infrastructure. If any proposed future works are proposed to be undertaken on Crown land outside of the Hera Mine Site Boundary (ML 1686 and extended Mine Site Boundary), the activity will likely require approval under a Crown land licence.

Air Quality and Dust
Section 6.5: Should dust suppression be needed throughout the modification works and operational phase, the proponent will need to ensure that any water used will not lead to dryland salinisation. This includes where a water source is used for dust suppression of access tracks, mine site, general disturbance areas etc.

Site rehabilitation and Post Mining Land use
Section 2.11: The proponent has prepared a Mining Operations Plan, dated 1st January 2020 and current to 31st December 2022, which provides a detailed description of the proposed rehabilitation methods and procedures for each of the domains within the Mining Lease. Should the modifications be approved, the Mining Operations Plan will be amended accordingly and the proposed final land use would remain unchanged as a result of the proposed modification.

General comments
Section 5.1: The department notes Crown Lands has not been listed under Engagement in regards to consultation.

If you have any further queries in regards to these comments, please do not hesitate to contact myself on 02 6883 3356 or via email at [email protected].

Further comments are as follows:-
All Crown land (including Western Land Leases) and Crown roads within a Mining Lease (with surface rights), subject to mining or mining related activity, must be subject to a Compensation Agreement issued under Section 265 of the Mining Act 1992, to be agreed and executed prior to any mining activity taking place. The Compensation Agreement may include conditions requiring the Mining Lease Holder to purchase Crown land impacted on by mining activity.

All Crown land (including Western Land Leases) and Crown roads located within an Exploration Licence, subject to exploration activity, must be subject to an Access Arrangement issued under Section 141 of the Mining Act 1992, to be agreed and executed prior to any exploration activity taking place.

All Crown land (including Western Land Leases) and Crown roads within a Mining Lease (with sub-surface rights only) must be subject to a Section 81 Consent under the Mining Act 1992 where surface activities are proposed, to be agreed and executed prior to any surface activity taking place.
If you have any further queries regarding these comments, please do not hesitate to contact David Baber, Projects Manager Regional Projects, on (02) 6883 3326 or via email at [email protected].

See attached file.

Please see attached response

Please see attached correspondence from Cobar Shire Council's Director of Planning & Environmental Services, Garry Ryman

Hi Jack
Please find attached response from BCS re the Hera Mod6 project. The BAM-C for this case has not been submitted. We have spoken with Phil Cameron re submitting this case. He is currently out doing field work, when he returns to office he will submit for our review. Once submitted we will let you know, and we will review and provide further advice on adequacy of the BAM case.
Regards
Sam

MEG advice attached

HNSW is not able to provide the requested advice at this time due to a heavy workload.

Attached.

Please see EPA response attached.

Please see attached submission letter from TfNSW.