Closure Caro Road For Mining

Iluka Resources Ltd Proposed Temporary Closure Of Portion Of Caro Road For Mining Purposes

Location: Caro Road, Cataby

Applicant: Iluka Resources Ltd

Folder Path: Business Classification Scheme / Roads / Road

Closures / Temporary

Date: 1 April 2018

PROPOSAL

To consider a request from Iluka Resources for the temporary

(approx. 10 years) closure of a portion of Caro Road, Cataby for

mining purposes.

BACKGROUND

On 26 March 2015 Council resolved the following in regards to this

matter:

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.

However this decision was later revoked by Council on 25 June

2015 under the Local Government Act 1995 section 3.50 (6) on

request by Iluka Resources due to road access still being required

for the relocation of the Tronox mining camp.

In revoking the decision Council also resolved to re-initiate the

public notice in accordance with the Local Government Act 1995

to close portion of Caro Road, Cataby for the purposes of mining

for a period of up to 10 years on commencement of the relocation

of the Tronox mining camp.

Iluka Resources contacted Shire staff and informed them that they

would like to revisit the temporary road closure on 22 February

2018. Correspondence confirmed Iluka Resources would like to

have Caro Road closed from 1st July 2018 onwards, as this would

provide for the new Tronox camp construction and relocation of

existing Tronox facilities to the new site on Cataby Road.

Subsequently a public notice was initiated from 22 February 2018

to 30 March 2018 under the Local Government Act 1995 section

3.50 (4). Council is requested to consider submissions received in

deciding this application (see schedule of submissions).

COMMENT

The application is for a temporary closure of the road rather than a

permanent closure as there will be a need for existing properties

along Caro and connecting roads to maintain legal access for any

future development.

Iluka Resources have arranged alternative access arrangements

with all surrounding landowners who require access to the portion

Caro Road during its temporary closure.

Iluka Resources in the previous approval stated the following:

“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.”

Shire staff has been informed there has been no change to these

commitments by Iluka Resources.

Additionally, there has been no change of the previous stated

minimum road reserve restoration requirement of 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; and

 vegetation rehabilitation.

Infrastructure service provider Telstra have advised the proponent

to liaise with them before commencing ground disturbance to

ensure the relocation of their assets is not required. It is staff

understanding that the proponent has or is in the process of

completing this request.

Given this information Council is requested to order the temporary

road closure subject to Iluka Resources meeting the above stakeholder requirement.

CONSULTATION

 Neighbouring property owners

 Department of Biodiversity, Conservation and Attractions

 Department of Primary Industries and Regional Development

 Department of Planning, Lands and Heritage

 Department of Fire and Emergency Services

 Department of Mines and Petroleum

 Main Roads

 Telstra

 Water Corporation

 Western Power

 ATCO Gas

STATUTORY ENVIRONMENT

Local Government Act 1995 - Subdivision 5 - certain provisions

about thoroughfares.

POLICY IMPLICATIONS

There are no policy implications relevant to this item.

FINANCIAL IMPLICATIONS

There are no financial implications relevant to this item.

STRATEGIC IMPLICATIONS

2016 – 2026 Strategic Community Plan

Goal 1: Great Place for Residential and Business Development

Objectives How the Shire will contribute

1.1 Ensure planning and land availability provides opportunity for sustainable

growth and lifestyle options / choices

a) Strategic land use planning across the Shire, with a focus on coastal

settlement and town centre strategy.

Goat 5: Proactive and Leading Local Government

Objectives How the Shire will contribute

1.3 Ensure timely provision of essential and strategic infrastructure

a) Provide and manage a network of roads and bridges for safe and efficient vehicle movement

ATTACHMENTS

Circulated with the agenda is the following item relevant to this

report:

Dandaragan Shire and Iluka details

OFFICER RECOMMENDATION

That Council order the temporary closure of portion of Caro

Road, Cataby for the purposes of mining commencing from 1

July 2018 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 complies with the requirements of Telstra;

and on cessation of mining activity within the road reserve,

and

3. the road is to be restored to the satisfaction of the CEO and

at the cost of the applicant.

Redgum Village Dandaragan

MINING ACCOMMODATION CAMP

PROPOSED SITE LAYOUT AMENDMENT (REDUCTION) TO JDAP APPROVAL FOR MINING ACCOMMODATION CAMP - 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: 5 December 2016

Author: Manager of Planning

Signature of Author:

Senior Officer: Deputy Chief Executive Officer

Signature of Senior Officer:

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. This application was approved by the Wheatbelt Joint Development Assessment Panel (JDAP).

BACKGROUND

The Wheatbelt JDAP 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 JDAP 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. The Wheatbelt JDAP is now part of the Midwest/Wheatbelt JDAP.

COMMENT

The Midwest/Wheatbelt JDAP is the approving authority for this application. The Council may make comment to the JDAP or may grant approval in addition to the JDAP approval. Given that this is an amendment to an existing approval resulting in a lesser sized development, it is recommended that Council provide supporting comment only. The JDAP may call a meeting to discuss the application, however in cases where there is a minor modification to approved developments, the JDAP presiding member may choose to approve the amendment without calling a meeting. This is a possibility in this case.

CONSULTATION Nil STATUTORY ENVIRONMENT

§ Local Planning Scheme No 7

POLICY IMPLICATIONS There are no policy implications relevant to this item.

FINANCIAL IMPLICATIONS The applicant is required to pay an amendment fee of $150. This fee is received buy the Shire and passed onto the JDAP.

STRATEGIC IMPLICATIONS There are no strategic implications relevant to this item. 

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:78153, Doc Id: 78154)

§ minutes of the August 2012 Wheatbelt JDAP (Doc Id: 78152) (Marked 9.4.2)

VOTING REQUIREMENT Simple majority

OFFICER RECOMMENDATION / COUNCIL DECISION

Moved Cr Richardson, seconded Cr Scharf That Council advise the Midwest / Wheatbelt Joint Development Assessment Panel (JDAP) that it supports Iluka Resources application to amend planning approval for a lesser development to the mining accommodation camp at Lot 2080 Cataby Road in accordance with the plans submitted subject to all existing conditions of approval retained on the Planning Approval.

CARRIED 8 / 0

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Revoke Of Order To Temporary Close A Portion Of Caro Road

REVOKE OF ORDER TO TEMPORARY CLOSE A PORTION OF CARO ROAD FOR MINING PURPOSES FROM APRIL 2015

Location: Caro Road, Cataby

Applicant: Iluka Resources

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

Disclosure of Interest: None
Date: 9 June 2015

Author:  Planning Officer

Signature of Author:

Senior Officer:  Manager Planning

Signature of Senior Officer:

PROPOSAL It has come to the attention of staff the closure of a portion of Caro road is not ready to be completed due to Tronox mining camp still requiring access to the road. Council is asked to revoke its decision of 26 March 2015 to close the road from April 2015 and resolve to repeat the public notice period on notification from Iluka Resources once the Tronox camp has commenced relocation.

BACKGROUND At its ordinary meeting 28 August 2014 Council considered an application by Iluka Resources to mine through a portion of Caro Road, Cataby. At its meeting Council resolved to:

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 taken back to Council and at its meeting 26 March 2015 Council resolved to:

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.

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It has since been discovered the road cannot be closed due to Tronox mining camp still requiring access to Caro Road and the road cannot be closed until the camp is relocated.

COMMENT To rectify this issue and to re-open the road, Council is requested to revoke its order to close the road. Under the Local Government Act 1995 section 3.50:

(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. Once the order is revoked, all parties contacted during the consultation period will be notified the order has been revoked and the road is not closed.
All parties will be informed they will be contacted again as part of the normal consultation process when the applicant recommences the proposed road closure on confirmation the Tronox mining camp is in the process of relocating.
When a decision is revoked, the application reverts to any previous planning decision. In this case, the decision of Council at its 28 August 2014 remains:

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. At this stage, the date in which the road is to be closed is unknown.

It is recommended that Council resolve to repeat the public notice period to close the road on receipt from the applicant the Tronox camp is to be relocated and the road is now ready to be closed.

CONSULTATION Nil at this stage.

If Council agrees to revoke the order and resolve to repeat the public notice period on receipt from the applicant the Tronox camp is relocated and the road is ready to be closed, the public notice period will recommence in accordance with the Local Government Act 1995 section 3.50.

 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  Doc Id: 51458 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; and
(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:
§ Correspondence from Iluka Resources (Doc Id: 52217) (Marked 9.4.5)

VOTING REQUIREMENT Simple majority –
Officer Recommendations 1 & 3
Absolute majority – Officer Recommendation 2  

If Council wishes to revoke the decision of Council passed at the ordinary meeting held 26 March 2015, it is necessary for at least one third of the members (whether vacant or not) of the Council to support consideration of the matter before the motion can be moved (Administration Regulation 10, Local Government Act 1995).

To be successful, the revocation motion must be carried by an absolute majority.

OFFICER RECOMMENDATION 1 That Council agree to consider revoking the resolution for item 9.4.2 from the Council meeting of the 26th March 2015.

OFFICER RECOMMENDATION 2 That Council’s decision for item 9.4.2 from the Council meeting held 26 March 2015 being:

 “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”.

be revoked.

OFFICER RECOMMENDATION 3 That Council re-initiate the public notice in accordance with the Local Government Act 1995 to close portion of Caro Road, Cataby for the purposes of mining for a period of up to 10 years on commencement of the relocation of the Tronox mining camp. 

TEMPORARY CLOSURE OF ROAD FOR MINING PURPOSES

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

Date: 9 September 2014

PROPOSAL

An application has been received for the temporary (approx. 10 years) closure of portion of Caro Road, Cataby and for consent from Council to mine through the road.

BACKGROUND

The applicant states:

I write to apply for the temporary closure of Caro Road at Cataby in accordance with the Local Government Act 1995.
As part of this application I also request for written consent from the Shire of Dandaragan (Shire) to mine through the road as the vesting authority for the road.
A copy of this consent, once received, will be included in documents to be submitted to the Department of Mining and Petroleum (DMP), in accordance with the Mining Act 1978.

By way of detail and need for the road closure I offer the following:

Description of the disruption —
The proposed mining of the Cataby deposit will require mining of Pit 13 and associated access corridors and infrastructure, including HV reticulation.

It is proposed to temporarily close Caro Road from the Brand Highway intersection.
The owner of the adjacent roadhouse has been consulted on this matter. It is noted that Caro Road is a no through road which exclusively enables access to two properties on Lots 754 and Lots 1555. Lot 1555 is owned by lluka and Lot 754 is owned by D. Chaffey; who will provide his own alternate access road via other lluka property during the Caro Road closure.

Timing - It is proposed that Caro Road be closed from commencement of construction to cessation of mining, which is currently predicted to be from April 2015 up to a period of no greater than 10 years. This timing is subject to lluka Board Approval and meeting closure criteria following mining completion.

Need — The mineral contained in Pit 13 and mining enabled by the installation of associated access corridors and infrastructure is critical to the financial viability of the Cataby Mineral Sands Project 48 directly and through operability aspects of the site, including public safety.

lluka commits to the restoration of the road and re-instatement of all services (power, communications etc) back to pre-disturbance condition, following completion of mining.
This commitment will also be included in the Cataby Mine Closure and Rehabilitation Plan which must be approved by the DMP prior to ground disturbance.

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COMMENT

The application is for a temporary closure of the road rather than a permanent closure as there will be a need for existing properties along Caro Road and connecting roads to maintain legal access for any future development.

There are two dwellings that have access from Brand Highway via Caro Road. One of these properties is owned by Iluka, the other property that is privately owned has negotiated alternate access with Iluka.
There is also an unconstructed short no through road that has connection to Caro Road (Balgar Road).

At this stage, Council is required to seek public comment on the proposal before deciding whether to order that the road be temporarily closed.

CONSULTATION

To be undertaken if Council agrees.

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; and
     (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

There are no strategic implications relevant to this item.

ATTACHMENTS

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

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

·         Letter from applicant (Doc Id: 39567)

(Marked 9.4.3)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

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

.

PROPOSED EXTENSION FOR MINING ACCOMMODATION CAMPS

ILUKA RESOURCES – PROPOSED EXTENSION TO JDAP APPROVAL FOR MINING ACCOMMODATION CAMPS – LOT 2080 & LOT 2065 CATABY ROAD, DANDARAGAN

Location: Lot 2080 & Lot 2065 Cataby Road, Dandaragan

Applicant: Iluka Resources

Folder Path: Development Services App / Development

Application / 2012 / 22

Date: 14 August 2014

PROPOSAL

An application has been received from Iluka Resources to extend planning approval to commence development for a mining accommodation camp at Lot 2080 Cataby Road and relocation and redevelopment Tronox mining accommodation camp at Lot 2065 Cataby Road. Both applications were approved by the Wheatbelt JDAP.

BACKGROUND

The Wheatbelt JDAP 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 JDAP is provided in the attachments listing the approvals and conditions of approval.

The applicant states;

The accommodation camps are required to support the proposed Cataby Mineral Sands Project at Cataby. Since the time of the initial application, market conditions have deteriorated, which necessitated further feasibility assessment of mining options.

Additionally during the current detailed feasibility assessment of the wider project, an alternate construction delivery mechanism has been identified. Both of these items have impacted the previous proposed camp construction schedule, and consequently make the current requirement to substantially commence the development by 28/8/2014 not possible.

COMMENT

The Wheatbelt JDAP is the approving authority for this application.
The Council may make comment to the JDAP or may grant approval in addition to the JDAP approval. Given that this is only a renewal and that there are no proposed changes to the original application and the matter has been previously determined by the JDAP. It is recommended that Council provide supporting Doc Id:comment only.

The closing date for the officer report to the JDAP is 26 August. As the Council meeting is on the 28 August, the Manager Planning will submit comment of support for the time extension prior to the Council meeting. If Council makes a differing recommendation, this will be forwarded to the JDAP in addition to the officer report.

The JDAP may call a meeting to discuss the application, however in cases where there is a minor modification to approved developments, the JDAP presiding member may choose to approve the amendment without calling a meeting. It is most likely that this will be the case in this instance.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

·         Local Planning Scheme No 7

POLICY IMPLICATIONS

There are no policy implications relevant to this item.

FINANCIAL IMPLICATIONS

There are no financial implications relevant to this item.

STRATEGIC IMPLICATIONS

There are no strategic implications relevant to this item.

ATTACHMENTS

Circulated with the agenda are the following items relevant to this report:

·         Submission from Iluka Resources (Doc Id: 30266)

·         Minutes of the August 2012 Wheatbelt JDAP (Doc Id: 34497)

(Marked 9.4.4)

VOTING REQUIREMENT

Simple majority

OFFICER RECOMMENDATION

That Council endorse the action of the Manager Planning in advising the Wheatbelt JDAP that it supports Iluka Resources application to extend planning approval for a further two years to commence development 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.

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