Mining Accommodation Camp

Iluka Resources - Proposed Mining Accommodation Camp Previously Approved By The Wheatbelt Joint Development Assessment Panel – Reduction In Size - Lot 2080 Cataby Road, Dandaragan

Location: Lot 2080 Cataby Road, Dandaragan

Applicant: Iluka Resources

Folder Path: Development Services App / Development Application / 2012 / 21

Disclosure of Interest: None

Date: 7 February 2017

PROPOSAL An application has been received from Iluka Resources to amend existing planning approval to commence development for a new relocated mining accommodation camp at Lot 2080 Cataby Road. The amendment is in the site layout plan only and results in a lesser sized development. An amendment (reduced site plan) application was refused at the 18 January 2017 Midwest/Wheatbelt Joint Development Assessment Panel (JDAP) due to a differing interpretation of the term “substantial”. Changes in the legislation that took effect from 1 February 2017 allow the Council to determine this application at the choice of the applicant.

BACKGROUND The Wheatbelt Joint Development Assessment Panel granted Planning Approval in August 2012 to Iluka Resources for a mining accommodation camp at Lot 2080 Cataby Road and relocation and redevelopment of the Tronox mining accommodation camp at Lot 2065 Cataby Road. A copy of the minutes of the August 2012 Joint Development Assessment Panel is provided in the attachments listing the approvals and conditions of approval.
The applicant proposes a lesser development for Lot 2080 than what was approved. This report does not deal with the proposed Tronox camp at Lot 2065 for which there are no proposed amendments to the size of the camp. Council considered the application for lesser development at the 15 December 2016 Council meeting and recommended approval to the Midwest/Wheatbelt Joint Development Assessment Panel (JDAP).
The application for an amended reduced site plan was refused at the 18 January 2017 Midwest/Wheatbelt Joint Development Assessment Panel (JDAP) as the Joint Development Assessment Panel believed that the amendment was substantial and required a new application with more detailed plans. The applicant has requested that the Council determine the application in accordance with the amended Development Assessment Panels legislation that took effect from 1 February 2017 to allow the Council to determine this application at the choice of the applicant.

COMMENT The applicant proposes a reduction in the number of facilities and accommodation units previously approved by the Wheatbelt Joint Development Assessment Panel (JDAP).

The following response was provided to the Presiding Member of the Mid-West/Wheatbelt Joint Development Assessment Panel (JDAP)s question prior to the Joint Development Assessment Panel (JDAP) meeting “why the amendments, if approved, would not constitute a substantial change to the development approved in 2012”.

The online Oxford dictionary defines “substantial” as

      1.       Of considerable importance, size, or worth: ‘a substantial amount of cash’ 

      2.       Concerning the essentials of something: ‘there was substantial agreement on changing policies’

      3.       Real and tangible rather than imaginary: ‘spirits are shadowy, human beings substantial’

The proposed land use for workers accommodation has not changed. The changes proposed are only related to the reduced scale of accommodation and facilities as well as changes to the layout of the proposed development.
There will be no changes to infrastructure such as waste water and power (confirmed by discussion with applicant). If the proposal were to be located in an urban or semi-rural environment, then there would be a good argument that the amendments are substantial as there would be an impact on landowners and residents in proximity to the development, which would be of considerable importance in the above definition. In this instance, the proposal is in a remote rural environment and there will be no substantial impact on any nearby landowners or residents from the reduction in facilities and amended layout, and is therefore of minimal importance.

In addition to the above consideration, the scale (size and worth in the above definition) of the accommodation camp has to be considered in context to the overall project. The Iluka Campsite is one of two campsites proposed for a large-scale mining operation approximately 250-275 million dollars. The large-scale mining operation does not require planning approval and is therefore not being considered as part of the development application. If the Iluka campsite is considered in isolation to the entire project, then there may be argument that it is substantial.
However when taking into consideration the entire development associated with this proposal, the scale of the amendments are minor in comparison and would not in the Shire’s opinion be “substantial”.

In summary, the Shire is of the view that the proposed amendments are not substantial when considered in context of no change to the use and purpose of the development, the remote location, lack of any impact, and the scale of the amendments when taking into account the overall project. At the Joint Development Assessment Panel (JDAP) meeting the point was raised that the applicant could just use the existing development approval and only construct to a lesser size. The point was also raised that it seemed overly burdensome to make the applicant go through a new application process for what is in effect a lesser development that has already been approved and will have a reduced impact on the environment and amenity.

Because the Joint Development Assessment Panel (JDAP) refused the application, the applicant has the option of submitting a new application for the Council consider for approval. The officer recommendation is that Council grant approval for the lesser development with the same conditions of approval as granted by the Joint Development Assessment Panel (JDAP) including any minor amendments due to changes in legislation or Government Departments.

CONSULTATION Advertising was not undertaken for the amendment. The proposed amendment is for a lesser development which is considered to have less impact on the environment and amenity than currently approved.

STATUTORY ENVIRONMENT

            §     Shire of Dandaragan Local Planning Scheme No.7

           §     Shire of Dandaragan Local Planning Strategy Rural Land Use and Rural Settlement - Strategy            8.1.5 Workers Accommodation in Rural Areas.

POLICY IMPLICATIONS WAPC SPP 2.5- Rural Planning

The Shire of Dandaragan’s Local Planning Policy 8.2 Mining, Horticultural and Agricultural Ventures – Accommodation for Staff, aims to encourage use of facilities within townsites of the Shire except for the accommodation provided for essential key personnel which, by necessity, needs to be located onsite.

FINANCIAL IMPLICATIONS The applicant has previously paid all the fees necessary for this application.

STRATEGIC IMPLICATIONS 2016 – 2026 Strategic Community Plan

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

         §     Plans of existing approved site layout and amended site layout. (Doc Id: 86534) (Marked 9.4.2)

VOTING REQUIREMENT Simple majority

OFFICER RECOMMENDATION That Council grant planning approval to Iluka Resources for a proposed mining accommodation camp at Lot 2080 Cataby Road subject to the following conditions:

      1.       All development shall accord with the attached approved plan(s) and specification dated 15 November 2016 and subject to any modifications required as a consequence of any condition(s) of this approval. The endorsed plans shall not be modified or altered without the prior written approval of the Chief Executive Officer of the Shire.

      2.       Access from the approved development to Cataby Road is to be constructed to the satisfaction of the Chief Executive Officer of the Shire and at the full cost of the applicant.

      3.       A drainage management plan shall be prepared for the site to the satisfaction of the Chief Executive Officer of the Shire and no water shall be discharged from the site at flow rates or with pollutant levels in excess of the predevelopment condition.

      4.       The Proponent shall provide and maintain a potable water supply to the approved development with sufficient onsite storage for a minimum of 48 hours peak usage to the satisfaction of the Chief Executive Officer of the Shire.

     5.       The Proponent shall provide and maintain a suitable solid and liquid waste management program for the approved development to the satisfaction of the Chief Executive Officer of the Shire.

     6.       The Proponent shall provide and implement a fire management plan to the satisfaction of the Chief Executive Officer of the Shire.

     7.       All internal roads and car parking areas are to be sealed, line marked and appropriately drained and maintained for the duration of the intended use of the lot as a mining accommodation camp.

     8.       The Proponent shall provide and implement a landscaping plan to the satisfaction of the Chief Executive Officer of the Shire, prior to the occupation or use of any buildings in accordance with this approval

     9.       Security and on-site lighting shall be installed and shaded to prevent light spill from the site or cause nuisance to motorists using Cataby Road.

    10.   Upon the closure or cessation of use of the Mining Accommodation Camp land use, the Proponent shall remove all infrastructure and return the site to its former agricultural use, or a use otherwise agreed by the Chief Executive Officer of the Shire.

     11.   Approval is granted for a period of three (3) years expiring on the 3 September 2020 and if the development is not substantially commenced the approval shall lapse and be of no further effect.

Advice Notes:

A. In regards to condition 2, the applicant will be responsible for the costs associated with any road works, adjustments to road drainage and any signage identified in a traffic safety audit report.

B. In regards to condition 4, the advice of the WA Health Department will be sought by the Council on the suitability and adequacy of the proposed supply.

C. ln regards to condition 5, the advice of the WA Health Department will be sought by the Council on the suitability and adequacy of the proposed waste management proposal.

D. ln regards to condition 6, the advice of the DFES may be sought on the suitability and adequacy of the proposed fire management options. Any storage tanks intending to supply water for fire-fighting purposes are to be fitted with BFB couplings.

E. In regards to condition 9 the Proponent shall plant, reticulate and maintain any plantings identified in the landscaping plan, replacing any plants that die or are damaged, for the duration of the occupation of the site as an mining accommodation camp.

F. The Proponent is advised that this approval does not remove the requirement to secure approvals and licences that may be required under subsidiary legislation (see following examples) and the Proponent is required to make separate inquiries on those requirements:

a) Bush Fires Act 1954 — s33
b) Food Act 2008
c) Health (Treatment & Storage of Effluent & Liquid Waste) Regulation 1974 - Reg 4A
d) Rights in Water & lrrigation Act 1914 -s26A
e) Environmental Protection (Clearing of Native Vegetation) Regulations 2004
f) Local Government (Miscellaneous Provisions) Act 1960