Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
Part A - Conditions specific to the action | |||||||||
Water Resources | |||||||||
1. | For the protection of water resources, the approval holder must comply with State | Yes | Compliance maintained with relevant conditions | ||||||
development consent conditions B39 to B54 and B101 to B106. | of NSW State Significant Development Approval | ||||||||
SSD-7480. | |||||||||
2. | The approval holder must ensure that there is no adverse effect on the function of | Yes | No adverse effect on the function of a water | ||||||
a water resource as a result of the action. | resource as a result of Vickery Coal Mine. | ||||||||
3. | The approval holder must notify the Department in writing, within 2 business days, | Not Yet | No application to modify SSD-7480 conditions | ||||||
if an application to modify State development consent conditions B39-B54 and | Applicable | B39-B54 and B101-B106 has been made. | |||||||
B101-B106 is made. | |||||||||
4. | The approval holder must notify the Department in writing, within 10 business | Not Yet | Conditions B39-B54 and B101-B106 of SSD7480 | ||||||
days, where State development consent conditions B39-B54 and B101-B106 have | Applicable | have not been modified. | |||||||
been modified. | |||||||||
5. | The approval holder must include the following information in the Water | ||||||||
Management Plan required by State development consent condition B53: | |||||||||
a. | management and mitigation strategies to minimise potential impacts to the EPBC | Yes | Information contained in Section 4.1 of Water | ||||||
Act listed Murray Cod (Maccullochella peelii). | Management Plan (Rev1.2, August 2023). | ||||||||
b. | details of any chemical dust suppressants used. These details must include the | Yes | Information contained in section 4.6.4 of Water | ||||||
chemicals proposed for use, typical application rates, and an assessment of the | Management Plan. | ||||||||
likelihood that the chemicals will enter the environment (e.g., soil, groundwater | |||||||||
or surface water) and the potential persistence and toxicity to protected matters | |||||||||
of these chemicals or their breakdown products. Furthermore, if data on chronic | |||||||||
toxicity to aquatic organisms is not available in respect of any chemical proposed | |||||||||
for use, the approval holder must include the results of direct toxicity | |||||||||
assessments undertaken in accordance with the Australian and New Zealand | |||||||||
guidelines for fresh and marine water quality, 2018 or any subsequent revision. | |||||||||
Page 1 |
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
6. | The approval holder must provide the Department with the final version of the | Yes | Water Management Plan (Rev 1.2 | ||||||
Water Management Plan required by condition B53 of the State development | https://whitehavencoal.com.au/Documentations/ | ||||||||
consent within 10 business days of its approval by the NSW Planning Secretary. | Vickery%20Extension%20Project/Environmental% | ||||||||
20Management,%20Monitoring%20&%20Compli | |||||||||
ance/Environmental%20Management%20Plans,% | |||||||||
20Strategies%20and%20Programs/VIC- | |||||||||
Water%20Management%20Plan.pdf) approved by | |||||||||
former NSW Department of Planning and | |||||||||
Environment on 22nd August 2023 and submitted | |||||||||
to the Commonwealth Department of Climate | |||||||||
Change, the Environment, Energy and Water | |||||||||
(DCCEEW) on the 23rd August 2023. Receipt | |||||||||
acknowledged by return email from Compliance | |||||||||
and Enforcement Branch 24th August 2023. | |||||||||
7. | The approval holder must notify the Department within 2 business days of any | Not Yet | No changes have been proposed to the final | ||||||
proposed changes to the final version of the Water Management Plan. If the NSW | Applicable | version of the Water Management Plan. | |||||||
Planning Secretary approves a revised version of the Water Management Plan, the | |||||||||
approval holder must provide the Department with the approved revised Water | |||||||||
Management Plan within 10 business days of its approval by the NSW Planning | |||||||||
Secretary. | |||||||||
8. | In addition to the Groundwater Management Plan monitoring requirements | ||||||||
specified in condition B53 of the State development consent, the approval holder | |||||||||
must: | |||||||||
a. | Establish and maintain a network of groundwater monitoring bores designed to | Yes | Network of groundwater monitoring bores | ||||||
detect changes in groundwater levels and include bores that are co-located or | established prior to mining operations | ||||||||
paired with surface water monitoring sites to allow monitoring and analysis of | commencing on 26 October 2023 as described in | ||||||||
groundwater-surface water interactions. These monitoring bores must be | the Water Management Plan. | ||||||||
installed prior to the commencement of mining operations. |
Page 2
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
b. | Monitor groundwater levels in each bore (required under condition 8.a) at least | Yes | Groundwater monitoring commenced in October | ||||||
once every 3 months, starting within one week of the commencement of mining | 2023 within one week of mining operations | ||||||||
operations for the life of this approval. | commencing with the removal of overburden. | ||||||||
c. | Publish on the website all groundwater monitoring data from the bore network, | Yes | First quarterly report | ||||||
updated at least once every 3 months to include the most recent readings | (https://whitehavencoal.com.au/wp- | ||||||||
available and maintain the data on the website for the life of this approval. The | content/uploads/2024/01/240112_VCM_Initial_Q | ||||||||
monitoring data must include hydrographs for the bore network and explain | uarterly-Groundwater-Report_Final.pdf) | ||||||||
what the data means in relation to the groundwater performance measures | published on the website on 16 January 2023. | ||||||||
specified in the State development consent. | Second quarterly report to be uploaded within 3 | ||||||||
months. | |||||||||
9. | The approval holder must submit performance criteria and limits, relevant to | Yes | The proposed borefield detailed in the VEP EIS is | ||||||
groundwater extraction impacts for the alluvial aquifer, for the Minister's approval. | not proposed to be constructed within the first 3 | ||||||||
The submission of the performance criteria and limits must be accompanied by | years of mining. Baseline monitoring in the | ||||||||
evidence-based justification of how they were derived from the results of | vicinity of these bores occurs at GW-2 and GW-1 | ||||||||
monitoring, consider groundwater-surface water connectivity, and are suitable to | and GW030052. The results of the baseline | ||||||||
demonstrate condition 2 is being achieved. | monitoring will inform the performance criteria | ||||||||
and limits to be developed and submitted for | |||||||||
approval prior to groundwater extraction | |||||||||
commencing. | |||||||||
10. | The approval holder must not commence groundwater extraction from the water | Not Yet | Borefield construction and extraction not yet | ||||||
supply borefield until the performance criteria and limits have been approved by | Applicable | commenced. | |||||||
the Minister in writing. | |||||||||
11. | If, at any time during the period for which this approval has effect, the approval | Not Yet | Groundwater extraction not yet commenced. | ||||||
holder detects an exceedance of any approved limit required under condition 9 the | Applicable | ||||||||
approval holder must notify the Department of the exceedance within 2 business | |||||||||
days of detecting the exceedance | |||||||||
12. | If, at any time during the period for which this approval has effect, the approval | Not Yet | Groundwater extraction not yet commenced. | ||||||
holder detects an exceedance of an approved limit required under condition 9, the | Applicable | ||||||||
Page 3 |
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
approval holder must cease groundwater extraction from the water supply bore | |||||||||
field within 2 business days. | |||||||||
13. | If the approval holder has been required to cease groundwater extraction pursuant | ||||||||
to condition 12, the approval holder must: | |||||||||
a. | provide information including monitoring data that identifies the likely cause of | Not Yet | Groundwater extraction not yet commenced. | ||||||
the exceedance of the approved limit; | Applicable | ||||||||
b. | consider the effect of the current condition of the water resource on the utility of | Not Yet | Groundwater extraction not yet commenced. | ||||||
the water resource for associated users; and | Applicable | ||||||||
c. | if the likely cause is identified as a component of the action, propose measures to | Not Yet | Groundwater extraction not yet commenced. | ||||||
mitigate and manage any impacts to any associated users, ensuring that the | Applicable | ||||||||
utility of the water resource for associated users is not effected. | |||||||||
14. | The approval holder must not recommence groundwater extraction until the | Not Yet | Groundwater extraction not yet commenced. | ||||||
information required in condition 13 has been approved by the Minister in writing. | Applicable | ||||||||
The approval holder must implement the approved mitigation and management | |||||||||
measures. | |||||||||
Listed Threatened Species | |||||||||
15. | Within the area designated 'Approximate Extent of Vickery Extension Project (EPBC | ||||||||
2016-7649) footprint' at Attachment A, the approval holder must not clear more | |||||||||
than: | |||||||||
a. | 75.2 hectares of Regent Honeyeater (Anthochaera phrygia) habitat, | Yes | Less than 75.2 ha of Regent Honeyeater habitat | ||||||
has been cleared up until 31 December 2023. | |||||||||
b. | 104.7 hectares of Swift Parrot (Lathamus discolor) habitat, | Yes | Less than 104.7 ha of Swift Parrot habitat has | ||||||
been cleared up until 31 December 2023. | |||||||||
c. | 80.9 hectares of Koala (Phascolarctos cinereus) (combined populations of | Yes | Less than 80.9 ha of Koala habitat has been | ||||||
Queensland, New South Wales and the Australian Capital Territory) habitat. | cleared up until 31 December 2023. | ||||||||
Note: Habitat for the Regent Honeyeater, Swift Parrot and Koala is based on the NSW plant community types (PCTs) Attachment B and C.
Page 4
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
16. | The approval holder must comply with the State development consent conditions | Yes | Compliance maintained with relevant conditions | ||||||
B56- B67, and B101-B106 (to the extent these conditions relate to EPBC Act listed | of NSW State Significant Development Approval | ||||||||
threatened species). | SSD-7480. | ||||||||
17. | The approval holder must notify the Department in writing, within 2 business days if | Not Yet | No application to modify SSD-7480 conditions | ||||||
they apply to modify State development consent conditions B56-B67 and B101- | Applicable | B56-B67 and B101-B106 has been made. | |||||||
B106. | Substituted offset areas have been proposed in | ||||||||
accordance with condition B56. | |||||||||
18. | The approval holder must notify the Department in writing, within 10 business | Not Yet | SSD-7480 conditions B56-B67 and B101-B106 | ||||||
days, where State development consent conditions B56- B67 and B101-B106 have | Applicable | have not been modified. | |||||||
been modified. | |||||||||
19. | To compensate for impacts on threatened species and communities listed in | Not Yet | Retirement of Biodiversity Credits not yet | ||||||
condition 15, the approval holder must comply with State development consent | Applicable | required by SSD-7480. | |||||||
conditions B56 and B57 and must retire the biodiversity credits specified in table 10 | |||||||||
and 11 of State development consent conditions B58 and B59. | |||||||||
20. | The approval holder must publish a credit retirement report within 10 business days | Not Yet | Retirement of Biodiversity Credits not yet | ||||||
of retiring the credits on the approval holder's website. | Applicable | required by SSD-7480. | |||||||
21. | The approval holder must provide the Minister with a statement, prior to the | Yes | A Report was submitted on 5 September 2022 | ||||||
commencement of the action validating that the approved land based offsets | prior to commencement of the action (27 | ||||||||
specified in Table 9 of the State development consent contain at least 293.9 ha of | February 2023); that stated that the minimum | ||||||||
potential Regent Honeyeater (Anthochaera phrygia) habitat (the equivalent of 2087 | area of potential Regent Honeyeater and Koala | ||||||||
species credits) and 112 ha of potential Koala (Phascolarctos cinereus) habitat (the | habitat was met by the secured Willeroi East | ||||||||
equivalent of 795 species credits). The statement must be endorsed by an | Offset Area/Conservation Agreement as endorsed | ||||||||
accredited assessor under the NSW Biodiversity Conservation Act 2016 and must be | by an accredited assessor and is published on the | ||||||||
published on the approval holder's website. | Whitehaven Coal website | ||||||||
(https://whitehavencoal.com.au/Documentations | |||||||||
/Vickery%20Extension%20Project/Environmental | |||||||||
%20Management,%20Monitoring%20&%20Comp | |||||||||
liance/Environmental%20Protection%20and%20B | |||||||||
iodiversity%20Conservation%20(EPBC)/VIC- | |||||||||
Page 5 |
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
EPBC%20Condition%2021%20Statement%202022 | |||||||||
.pdf). | |||||||||
Substituted offset areas have been approved in | |||||||||
accordance with condition B56 by NSW | |||||||||
Department of Planning, Housing and | |||||||||
Infrastructure on 14 March 2024. The Vickery | |||||||||
Revised Biodiversity Offset Strategy was provided | |||||||||
to the Minister/Commonwealth DCCEEW on 15 | |||||||||
March 2024 to update the approved land based | |||||||||
offsets in accordance with this condition and total | |||||||||
area of Koala/Regent Honeyeater habitat | |||||||||
provided by the Willeroi East Offset | |||||||||
Area/Conservation Agreement. | |||||||||
Note: The equivalent credits in condition 21 were calculated in accordance with the Framework for Biodiversity Assessment of the NSW Biodiversity Offset Policy for Major Projects (OEH, 2014). | |||||||||
22. | If the Minister is not satisfied that the approved land based offsets specified in Table | Not Yet | No specified biodiversity credits has been | ||||||
9 of the State development consent contain the habitat specified in condition 21, | Applicable | required to be retired by the Minister. | |||||||
the approval holder may be required by the Minister to retire specified biodiversity | |||||||||
credits under the NSW Biodiversity Conservation Act 2016 within the timeframes | |||||||||
specified in condition B58 of the State development consent. |
Part B-Standard administrative conditions
Notification of date of commencement of the action
23. | The approval holder must notify the Department in writing of the date of | Yes | Date of commencement was notified on 10 |
commencement of the action within 10 business days after the date of | January 2023 to the Commonwealth DCCEEW | ||
commencement of the action. | prior to the date of commencement on 27 | ||
February 2023. | |||
Page 6 |
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
24. | If the commencement of the action does not occur within 5 years from the date of | Not | Action has commenced. | ||||||
this approval, then the approval holder must not commence the action without the | Applicable | ||||||||
prior written agreement of the Minister. | |||||||||
Compliance records | |||||||||
25. | The approval holder must maintain accurate and complete compliance records. | Yes | Compliance records are maintained accurate and | ||||||
complete for all activities. | |||||||||
26. | If the Department makes a request in writing, the approval holder must provide | Not Yet | No request for compliance records received from | ||||||
electronic copies of compliance records to the Department within the timeframe | Applicable | the Commonwealth DCCEEW. | |||||||
specified in the request. |
Note: Compliance records may be subject to audit by the Department or an independent auditor in accordance with section 458 of the EPBC Act, and or used to verify compliance with the conditions. Summaries of the result of an audit may be published on the Department's website or through the general media.
Submission and publication of plans
27. | The approval holder must: | ||
a. | submit plans electronically to the Department; | Yes | Water Management Plan submitted electronically |
to the Commonwealth DCCEEW on the 23rd | |||
August 2023. | |||
b. | unless otherwise agreed to in writing by the Minister: | ||
i. | publish each plan on the website within 20 business days of the date the | Yes | Water Management Plan was published to the |
plan is approved by the Minister or of the date a revised action | website within 20 days of the date of submission | ||
management plan is submitted to the Minister or the Department, unless | to the Commonwealth DCCEEW. | ||
otherwise agreed to in writing by the Minister; | |||
ii. | publish the Water Management Plan on the website within 20 business | Yes | Water Management Plan was published to the |
days of the date the plan is approved by the NSW Planning Secretary; | website on the 23rd August 2023 within 20 days of | ||
approval by the NSW Planning Secretary. | |||
iii. | exclude or redact sensitive ecological data from plans that are to be | Not Yet | No sensitive data required to be |
published on the website or provided to a member of the public; and | Applicable | excluded/redacted. | |
Page 7 |
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
iv. | keep plans published on the website until the end date of this approval. | Yes | Management Plans remain published on the | ||||||
website. | |||||||||
Annual compliance reporting | |||||||||
28. | The approval holder must prepare a compliance report addressing compliance with | ||||||||
each of the conditions of this approval, including implementation of any | |||||||||
management plans and strategies required under the State development consent | |||||||||
conditions that are referred to in this approval, at the end of March every year, and | |||||||||
covering compliance for the previous calendar year or otherwise in accordance | |||||||||
with another annual date that has been agreed to in writing by the Minister. The | |||||||||
approval holder must: | |||||||||
a. | publish each compliance report on the website within 20 business days following | Yes | Compliance reports are published on the | ||||||
the end of March each year; | Whitehaven Coal website prior to 20 business | ||||||||
days following the end of March each year | |||||||||
(https://whitehavencoal.com.au/our- | |||||||||
business/our-assets/vickery-extension-project/). | |||||||||
b. | notify the Department by email that a compliance report has been published on | Yes | Compliance reports notified to the Department by | ||||||
the website and provide the weblink for the compliance report within 5 business | email that the compliance report have been | ||||||||
days of the date of publication; | published within 5 business days on the website. | ||||||||
c. | keep all compliance reports publicly available on the website until this approval | Yes | Compliance reports are publicly available on the | ||||||
expires; | Whitehaven Coal website for the duration of this | ||||||||
approval. | |||||||||
d. | exclude or redact sensitive ecological data from compliance reports prior to | Yes | Compliance reports do not contain sensitive | ||||||
publishing each compliance report on the website; and | ecological data. | ||||||||
e. | where any sensitive ecological data has been excluded from the version | Yes | Compliance reports do not contain sensitive | ||||||
published, submit the full compliance report to the Department within 5 | ecological data. | ||||||||
business days of publication. |
Note: Compliance reports may be published on the Department's website.
Reporting non-compliance
Page 8
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
29. | The approval holder must notify the Department in writing of any: incident, or non- | ||||||||
compliance with the conditions. The notification must be given as soon as | |||||||||
practicable, and no later than two business days after becoming aware of the | |||||||||
incident or non-compliance. The notification must specify: | |||||||||
a. | any condition which is or may be in breach; | Not Yet | No breach of condition during the reporting | ||||||
Applicable | period. | ||||||||
b. | a short description of the incident and/or non-compliance; and | Not Yet | No incident or non-compliance during the | ||||||
Applicable | reporting period. | ||||||||
c. | the location (including co-ordinates), date, and time of the incident and/or | Not Yet | No incident or non-compliance during the | ||||||
noncompliance. In the event the exact information cannot be provided, provide | Applicable | reporting period. | |||||||
the best information available | |||||||||
30. | The approval holder must provide to the Department the details of any incident or | ||||||||
noncompliance with the conditions as soon as practicable and no later than 10 | |||||||||
business days after becoming aware of the incident or non-compliance, specifying: | |||||||||
a. | any corrective action or investigation which the approval holder has already | Not Yet | No corrective action or investigation required | ||||||
taken or intends to take in the immediate future; | Applicable | during the reporting period. | |||||||
b. | the potential impacts of the incident or non-compliance; and | Not Yet | No corrective action or investigation required | ||||||
Applicable | during the reporting period. | ||||||||
c. | the method and timing of any remedial action that will be undertaken by the | Not Yet | No corrective action or investigation required | ||||||
approval holder. | Applicable | during the reporting period. | |||||||
Independent audit | |||||||||
31. | The approval holder must ensure that independent audits of compliance with the | Not Yet | No audits have been requested by the Minister. | ||||||
conditions are conducted as requested in writing by the Minister. | Applicable | ||||||||
32. | For each independent audit, the approval holder must: | ||||||||
a. | provide the name and qualifications of the independent auditor and the draft | Not Yet | No audits have been requested by the Minister. | ||||||
audit criteria to the Department; | Applicable | ||||||||
Page 9
Vickery Coal Mine
EPBC 2016/7649 (approved 15th September 2021) Compliance Report March 2024
Condition | Condition | Compliance | Evidence | ||||||
Number | |||||||||
b. | only commence the independent audit once the audit criteria have been | Not Yet | No audits have been requested by the Minister. | ||||||
approved in writing by the Department; and | Applicable | ||||||||
c. | submit an audit report to the Department within the timeframe specified in the | Not Yet | No audits have been requested by the Minister. | ||||||
approved audit criteria. | Applicable | ||||||||
33. | The approval holder must publish the audit report on the website within 10 | Not Yet | No audits have been requested by the Minister. | ||||||
business days of receiving the Department's approval of the audit report and keep | Applicable | ||||||||
the audit report published on the website until the end date of this approval. | |||||||||
Completion of the action | |||||||||
34. | The approval holder must comply with condition A7 in Schedule 2 of the State | Yes | Mining operations will be carried out on the site | ||||||
development consent. | within the approved disturbance area for a period | ||||||||
of 25 years from the 12th August 2020. | |||||||||
35. | Within 20 business days after the completion of the action, the approval holder | Not Yet | Vickery Coal Mine has not yet completed the | ||||||
must notify the Department in writing and provide completion data. | Applicable | action. | |||||||
Changes to State Development Consent | |||||||||
36. | The approval holder must notify the Department in writing of any proposed change | Not Yet | No application to modify SSD-7480 has been | ||||||
to the State development consent that may relate to protected matters within 2 | Applicable | made. | |||||||
business days of formally proposing a change and within 5 business days of | Formal application (i.e. lodgement of MOD1) to | ||||||||
becoming aware of any proposed change. | |||||||||
change SSD-7480 that may relate to protected | |||||||||
matters is scheduled to occur in 2024. | |||||||||
37. | The approval holder must notify the Department in writing of any change to the | Not Yet | No application to modify SSD-7480 has been | ||||||
State development consent conditions that may relate to protected matters, within | Applicable | made. | |||||||
10 business days of a change to conditions being finalised. |
Page 10
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Disclaimer
Whitehaven Coal Limited published this content on 19 March 2024 and is solely responsible for the information contained therein. Distributed by Public, unedited and unaltered, on 20 March 2024 00:21:08 UTC.