Project number OEPA:14
Project name

FerrAus Pilbara Project

Project status Current
Proponent(s) FerrAus Pty Limited (Australian Company Number 097 422 529)
Project location

Robertson Range Area and Davidson Creek Area in the East Pilbara Region of Western Australia

Project bioregion(s) Pilbara
Assessment criteria Flora and Vegetation, Subterranean Fauna
Residual impact

Following the implementation of all mitigation measures, the proposal is expected to have the following significant residual impacts:
- Clearing of up to 1640 hectares of native vegetation in the Pilbara IBRA bioregion, most of which is in pristine condition;
- a potential rail corridor through the Fortescue Marsh, impacting on approximately 25 ha of the Fortescue Marsh Priority Ecological Community (PEC);
- Impact on up to 155 ha of groundwater dependent vegetation (River Red Gum) and realignment of 5 kilometre of Mirrin Mirrin creek; and
- a potential impact on subterranean fauna species.

Offset conditions

10-1 In view of the significant residual impacts and risks as a result of implementation of the proposal, the proponent shall contribute:
(1) funding for the impact to groundwater dependent vegetation calculated pursuant to Condition 10-2 prior to ground disturbance;
(2) funding for the impact to good-to-excellent condition native vegetation, calculated pursuant to Condition 10-3; and
(3) funding for the impact to the Fortescue Marsh Priority Ecological Community, calculated pursuant to Condition 10-4,
to the strategic regional conservation initiative for the Pilbara.

10-2 The amount of funding pursuant to Condition 10-1(1) will be calculated as:
- $1500 (excluding GST) per hectare within the ten metre drawdown contour as identified in Figure 2.

10-3 The proponent’s contribution to the initiative identified in Condition 10-1(2) shall be paid biennially, the first payment due on 31 May two years after ground disturbance. The amount of funding will be made on the following basis and in accordance with the approved Impact Reconciliation Procedure:
- $1500 (excluding GST) per hectare cleared within the area delineated in Figure 1 as the Pilbara Interim Biogeographic Regionalisation for Australia (IBRA).

10-4 The proponent’s contribution to the initiative identified in Condition 10-1(3) shall be paid biennially, the first payment due on 31 May two years after ground disturbance. The amount of funding will be made on the following basis and in accordance with the Impact Reconciliation Procedure:
- $3000 (excluding GST) per hectare cleared within the area delineated in Figure 1 as Fortescue Marsh.

10-5 The proponent shall prepare an Impact Reconciliation Procedure and submit it for approval of the CEO prior to ground disturbance.

10-6 The Impact Reconciliation Procedure required pursuant to Condition 10-5 shall:
(1) include details of a methodology to identify clearing;
(2) include a methodology for calculating the amount of clearing undertaken during each biennial time period; and
(3) state the biennial time period commences on the 1 March prior to commencing ground disturbance and the due date for submitting the results of the Procedure for approval of the CEO as 31 March two years after commencement of the biennial time period.

10-8 If pursuant to Condition 8-2(3), the CEO agrees that risks to the long-term survival of subterranean fauna species and/or communities may be offset, the proponent shall prepare a Subterranean Fauna Research Project and submit it to the CEO for approval.

10-9 The Subterranean Fauna Research Project pursuant to Condition 10-8 shall:
(1) be to the value of $100,000 excluding GST;
(2) when implemented, meet the objective of increasing knowledge and understanding of subterranean fauna in the Pilbara region; and
(3) be prepared in consultation with the Department of Environment and Conservation and the Western Australian Museum.

10-10 The proponent shall implement the Approved Subterranean Fauna Research Project within 12 months of results from surveys pursuant to Condition 8-2 identifying that project operations may compromise the long-term survival of subterranean fauna species and/or communities.

10-11 The real value of contributions described in Conditions 10-2, 10-3, 10-4 and 10-9 will be maintained through indexation to the Perth Consumer Price Index, with the first adjustment to be applied to the first contribution.

Figure 1 and Figure 2 - see Ministerial Statement.

Statutory process EP Act Environmental Impact Assessment (Part IV)
Approved project area (ha) 6340.0

Decision(s):

DECISION 1
Date: 2012-10-31 Ministerial statement: 915
OFFSET 1
Condition status: Current
Type(s): Offset funds
Rationale:

The EPA has proposed that a Pilbara strategic conservation initiative be established to provide a mechanism for implementing offsets in the region. This provides the opportunity to pool offset contributions from proponents to undertake coordinated conservation actions across the Pilbara IBRA bioregion.

The EPA has adopted a funding metric to guide offsets contributions, based on the impacts of the proposal on good-to-excellent condition vegetation. Contributions are reconciled against actual clearing rates, further encouraging proponents to minimise clearing.

The condition requires a contribution of funding consistent with the EPA's recommended metric.

Security arrangements:

Governance arrangements:

Offset location:

All offset funds would be invested in the Pilbara IBRA region.

Approved offset area (ha): None
Bioregion(s): Pilbara
Delivery agent:

CONDITION MILESTONE 1
Milestone:

10-02 The amount of funding pursuant to Condition 10-1(1) will be calculated as:
- $1500 (excluding GST) per hectare within the ten metre drawdown contour as identified in Figure 2.

Timeframe:

Payment due on 31 May, two years after ground disturbance.

Complete: No
CONDITION MILESTONE 2
Milestone:

10-03 The proponent’s contribution to the initiative identified in Condition 10-1(2) shall be paid biennially, the first payment due on 31 May two years after ground disturbance. The amount of funding will be made on the following basis and in accordance with the approved Impact Reconciliation Procedure:
- $1500 (excluding GST) per hectare cleared within the area delineated in Figure 1 as the Pilbara Interim Biogeographic Regionalisation for Australia (IBRA).

Timeframe:

Every two years, with the first payment due on 31 May two years after ground disturbance.

Complete: No
CONDITION MILESTONE 3
Milestone:

10-04 The proponent’s contribution to the initiative identified in Condition 10-1(3) shall be paid biennially, the first payment due on 31 May two years after ground disturbance. The amount of funding will be made on the following basis and in accordance with the Impact Reconciliation Procedure:
- $3000 (excluding GST) per hectare cleared within the area delineated in Figure 1 as Fortescue Marsh.

Timeframe:

Every two years, with the first payment due on 31 May two years after ground disturbance.

Complete: No
CONDITION MILESTONE 4
Milestone:

10-05 The proponent shall prepare an Impact Reconciliation Procedure and submit it for approval of the CEO prior to ground disturbance.

Timeframe:

Prior to ground disturbance.

Complete: No
  • No implementation milestones defined.
OFFSET 2
Condition status: Current
Type(s): Research
Rationale:

A contingency offset has been proposed for the impacts to subterranean fauna should further survey work indicate the project may compromise the long-term survival of subterranean fauna species and/or communities. The research project would be determined at the time, however would be used to address knowledge gaps in the understanding of subterranean fauna in the Pilbara.

Security arrangements:

Governance arrangements:

Offset location:

Approved offset area (ha): None
Bioregion(s):
Delivery agent:

CONDITION MILESTONE 1
Milestone:

10-08 If pursuant to Condition 8-2(3), the CEO agrees that risks to the long-term survival of subterranean fauna species and/or communities may be offset, the proponent shall prepare a Subterranean Fauna Research Project and submit it to the CEO for approval.

Timeframe:

Complete: No
CONDITION MILESTONE 2
Milestone:

10-10 The proponent shall implement the Approved Subterranean Fauna Research Project within 12 months of results from surveys pursuant to Condition 8-2 identifying that project operations may compromise the long-term survival of subterranean fauna species and/or communities.

Timeframe:

Within 12 months of results from surveys pursuant to Condition 8-2 identifying that project operations may compromise the long-term survival of subterranean fauna species and/or communities.

Complete: No
  • No implementation milestones defined.