Iluka Resources Proposed Temporary Closure Follow Up

Iluka Resources Proposed Temporary Closure

Of Portion Of Caro Road For Mining Purposes

Location: Caro Road, Cataby

Applicant: Iluka Resources

Folder Path: Business Classification Scheme / Roads / Road Closures / Temporary

Disclosure of Interest: None

Date: 11 March 2015

Senior Officer: David Chidlow, Manager Planning

PROPOSAL

The purpose of this report is for Council to consider submissions to the proposed temporary road closure of Caro road and order the closure of portion of Caro Road, Cataby for a period no greater than 10 years.

BACKGROUND

At its Ordinary Meeting of Council held 28 August 2014 Council considered an application by Iluka Resources to mine through a portion of Caro Road, Cataby. Council resolved the following:

That Council commence public notice in accordance with the Local government Act 1995 to close portion of Caro Road, Cataby for the purposes of mining commencing from April 2015 for a period of 10 years.

Following the above process, the proposal was advertised in accordance with the Local Government Act 1995 and a Schedule of Submissions was prepared (attached). Several submissions were received by government agencies and one submission from a neighbouring property.

COMMENT

A copy of the Schedule of Submissions was sent to the applicant for comment. In response Iluka have advised their application requires further clarification as follows:

“In our application we state that: Iluka commits to the restoration of the road and re-instatement of all services (power, communications etc) back to pre-disturbance condition,…

This statement should more precisely read: Iluka commits to the restoration of the road and re-instatement of all services (power, communications etc) back to pre-disturbance condition or alternate permanent re-routing of services to the satisfaction of the service utility,…

This has come about as we will be entering contracts with Telstra and Western Power to permanently re-route services such that all customers requiring services during and directly after mining will not be affected.”

Although there was no objection to the proposed temporary road closure several issues were identified through the consultation period. These relate to the impact on existing infrastructure and services in the area and access for various stakeholders.

Telstra have commented that the existing Telstra Infrastructure in the existing road reserve will have to be relocated to the new road reserve at the cost of the applicant. The applicant is currently in discussion with Telstra in regards to servicing the lot and any order to close the road would be dependent on the applicant meeting the requirements of Telstra.

Western Power has advised transmission lines and overhead and underground distribution assets are contained within the area and hence work in the area would need to comply with the necessary safety regulation and/or require a permit. The applicant is currently in discussion with Western Power for the re-direction of overhead power lines and the order for the road closure is subject to the applicant fulfilling the requirements of Western Power.

The Department of Fire and Emergency Services will still require access to the area. This has been communicated to the applicant and be part of requirements of the order.

APA group has an underground gas pipeline in the vicinity of the proposed work. The applicant will need to liaise with APA group to arrange alternative access to the pipeline and the requirements for working in the vicinity of the gas pipeline.

There is only one affected neighbouring property and alternative access arrangements have already been organised between the landowner and Iluka.

On completion of mining activities the road reserve will need to be restored. The Executive Manager of Infrastructure has advised the minimum requirement would be restoration to a Type 4 gravel road with the following specifications:

·       Pavement width 9m

·       Gravel thickness 300mm

·       Table drains

·       Culverts at water courses with head walls and minimum diameter of 375mm (locations to be confirmed with Shire prior to reinstatement)

·       Guide posts and signage as directed by the Shire

·       Property access crossovers

·       Fencing

·       Vegetation rehabilitation

Council is requested to order the road closure subject to Iluka Resources meeting the above stakeholder requirements.

CONSULTATION

·       Neighbouring property owners

·       Department of Parks and Wildlife

·       Department of Regional Development

·       Department of lands

·       Fire and Emergency Services Authority

·       Main Roads

·       Telstra

·       Water Corporation

·       Western Australian Planning Commission

·       Western Power

·       Department of Mines and Petroleum

·       ATCO Gas

·       St John of God Ambulance Service – Dandaragan Branch

·       APA Group

·       Executive Manager of Infrastructure Shire of Dandaragan

The proposal was advertised in the Central Midlands and Coastal Advocate and the Shire website for a period of 4 weeks from 23^rd October and closed on the 21st November 2014. A copy of the proposal was available for public viewing at the Jurien Bay Administration Centre during this period.

STATUTORY ENVIRONMENT

Local Government Act 1995 Subdivision 5 — Certain provisions about thoroughfares 3.50. Closing certain thoroughfares to vehicles

(1a) A local government may, by local public notice, order that a thoroughfare that it manages is wholly or partially closed to the passage of vehicles for a period exceeding 4 weeks.

(2) The order may limit the closure to vehicles of any class, to particular times, or to such other case or class of case as may be specified in the order and may contain exceptions.

(3) deleted

(4) Before it makes an order wholly or partially closing a thoroughfare to the passage of vehicles for a period exceeding 4 weeks or continuing the closure of a thoroughfare, the local government is to —
     (a) give local public notice of the proposed order giving details of the proposal, including the location of the thoroughfare and where, when, and why it would be closed, and inviting submissions from any person who wishes to make a submission;

     (b) give written notice to each person who —

           (i) is prescribed for the purposes of this section; or

           (ii) owns land that is prescribed for the purposes of this section; and

      (c) allow a reasonable time for submissions to be made and consider any submissions made.

 (5) The local government is to send to the Commissioner of

Main Roads appointed under the Main Roads Act 1930 a copy of the contents of the notice required by subsection (4)(a).

(6) An order under this section has effect according to its terms, but may be revoked by the local government, or by the Minister, by order of which local public notice is given.

POLICY IMPLICATIONS

There are no policy implications relevant to this item.

FINANCIAL IMPLICATIONS

There are no financial implications relevant to this item.

STRATEGIC IMPLICATIONS

The Department of Mines and Petroleum has identified this area as a ‘strategic mineral resource protection area’ for titanium-zircon mineralization.

ATTACHMENTS

Circulated with the agenda is the following item relevant to this report:

·       Schedule of Submissions (Doc Id: 48388)

·       Proposal for temporary road closure of portion of Caro Road, Cataby – Iluka Resources (Doc Id: 39567)

·       Mapping from Iluka Resources (Doc Id: 39568 & 39569) (Marked 9.4.2)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

That Council order the temporary closure of portion of Caro Road, Cataby for the purposes of mining commencing from April 2015 for a period of 10 years or the cessation of mining activities whichever occurs sooner subject to:

1. In pursuance of Section 3.50 of the Local Government Act 1995 the CEO forward a copy of the local public notice to the Commissioner of Main Roads;

2. The applicant arrange alternative access with Fire and Emergency Services;

3. The applicant complies with the requirements of Telstra;

4. The applicant complies with the requirements of Western Power;

5. The applicant liaises with APA group in regards to working in the vicinity of an underground gas pipeline and access arrangements; and

6. On cessation of mining activity within the road reserve, the road is to be restored to the satisfaction of the CEO and at the cost of the applicant.