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Project Detail

Project number OEPA:18
Project name

Yilgarn Operations - Windarling Range, Mt Jackson Range and Deception Deposit
Project status Current
Proponent(s) Cliffs Asia Pacific Iron Ore Pty Ltd (ACN: 001 892 995)
Project location

The Windarling Range, the Mt Jackson Range and the Deception Deposit, located in the Shire of Yilgarn and the Shire of Menzies.
Project bioregion(s) Coolgardie
Assessment criteria Flora and Vegetation, Landforms, Terrestrial Fauna
Residual impact

Windarling Range W1 Deposit (see Offset 1)

Following the implementation of all mitigation measures, the Proposal would have the following significant residual impacts:
- features of key local landscape and geological significance; and
- impacts to Tetratheca paynterae

Yilgarn Operations Windarling Range W4 East Deposit (see Offset 2)

Following the implementation of all mitigation measures, the Proposal would have the following significant residual impacts:
- Clearing of the Declared Rare Flora species Ricinocarpos brevis
Offset conditions

Windarling Range W1 Deposit

Ministerial Statement 874 - the conservation offset strategy and initial purchase of the offset property ($150,000) occurred under this Ministerial Statement. The ongoing management of the offset property is superseded by the new Ministerial Statement.

22-1 Within 12 months of the date that this Statement comes into effect, the Proponent shall develop and submit a conservation offset strategy to the CEO of the Office of the Environmental Protection Authority for approval on the advice of the Department of Environment and Conservation and the Department of Mines and Petroleum.

22-2 The conservation offset strategy required by condition 22-1 has the objective of offsetting the impact of the development of the Windarling Range W1 Deposit on the landscape and geological features of the range and local area and related conservation values and shall:
i. address the Principles identified in Section 3 of Environmental Protection Authority Position Statement No. 9 Environmental Offsets; and
ii. have a monetary value of approximately $400,000 at the date this Statement comes into effect, unless otherwise determined by the Minister for Environment.

22-3 The Proponent shall implement the conservation strategy approved under condition 22-1.

Ministerial Statement 982 - The ongoing management of the offset property is part of this new Statement

10-1 To offset the impact of mining at the Windarling Range W1 deposit on the landscape and geological features of the range and local area and related conservation values, within 12 months following the purchase of the former Ennuin Pastoral Lease by Parks and Wildlife, the proponent shall make a financial contribution of $50,000 AUD per year over a 5-year period (total $250,000 AUD) to Parks and Wildlife, to assist with the management of the former Ennuin Pastoral Lease.

Yilgarn Operations Windarling Range W4 East Deposit

Ministerial Statement 982

10-2 To offset the impact of mining at the Windarling Range W4 East deposit on the Rare Flora species Ricinocarpos brevis, the proponent shall provide a minimum financial contribution of $640,000 AUD over a five year period for the purpose of undertaking works that seek to contribute to the scientific understanding of the long term recovery and protection of sustainable populations of Ricinocarpos brevis at the Windarling Range. The works will commence within 12 months following impact to Ricinocarpos brevis at the Windarling Range W4 East Deposit. The works will be implemented in consultation with Parks and Wildlife and to the satisfaction of the CEO.

10-3 To offset the impact of mining at the Windarling Range W4 East deposit on the Rare Flora species Ricinocarpos brevis, the proponent will provide a minimum financial contribution of $40,000 AUD for the translocation of a proportion of individuals of Ricinocarpos brevis that will be removed by mining of the Windarling Range W4 East Deposit. The number of individuals to be translocated will be subject to practicability considerations such as plant size and site accessibility. A translocation plan shall be developed and implemented by the proponent in consultation with Parks and Wildlife, and to the satisfaction of the CEO.
Statutory process EP Act Environmental Impact Assessment (Part IV)
Approved project area (ha) 2540.0

Decision(s):

DECISION 1
Date: 2003-06-03 Ministerial statement: 627
DECISION 2
Date: 2011-09-13 Ministerial statement: 874
OFFSET 1
Condition status: Complete
Type(s): Land acquisition, Onground management
Rationale:

The offset for the proposal came about from the removal of condition 7 under Ministerial Statement 627 which required the development of a Landscape and Geological Features Protection Plan. However, it was considered that there were some features at the Windarling 1 deposit and immediate area which had local landscape and geological significance, and noted the previous Minister's appeal decision. Having regard for this, there should be an appropriate offset for the removal of Condition 7. It was recognised that it was unfeasible for the proponent to provide a "like for like" offset of appropriate conservation value. In consideration of these matters, financial provision to the DEC to acquire a land holding for the purpose of the addition of the land holding to the State conservation reserve system, was considered appropriate to offset the landscape and geological values impacted by development of the Windarling Range W1 Deposit.
Security arrangements:

Department of Parks and Wildlife managed land
Governance arrangements:

Offset location:

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

Department of Parks and Wildlife
CONDITION MILESTONE 1
Milestone:

01
Within 12 months of the date that this Statement comes into effect, the Proponent shall develop and submit a conservation offset strategy to the CEO of the Office of the Environmental Protection Authority for approval on the advice of the Department of Environment and Conservation and the Department of Mines and Petroleum.
Timeframe:

Before 13 September 2012
Timeframe (date): 2012-09-13
Complete: Yes
CONDITION MILESTONE 2
Milestone:

02
The conservation offset strategy required by condition 22-1 has the objective of offsetting the impact of the development of the Windarling Range W1 Deposit on the landscape and geological features of the range and local area and related conservation values and shall:
i. address the Principles identified in Section 3 of Environmental Protection Authority Position Statement No. 9 Environmental Offsets; and
ii. have a monetary value of approximately $400,000 at the date this Statement comes into effect, unless otherwise determined by the Minister for Environment.

The expenditure of $150,000 has occurred under this Ministerial Statement. The remaining $250,000 has been transferred to the new Ministerial Statement 982 and further implementation details are addressed under that Statement.
Timeframe:

Complete: Yes
IMPLEMENTATION MILESTONE 1
Milestone:

1-1 Develop and submit a conservation offset strategy to the CEO of for approval on the advice of the Department of Environment and Conservation and the Department of Mines and Petroleum.
Timeframe:

Before 13 September 2012
Timeframe (date): 2012-09-13
Complete: Yes
IMPLEMENTATION MILESTONE 2
Milestone:

2-1 Provide $150,000 to the Department of Environment and Conservation for the purchase of Ennuin Pastoral Lease.
Timeframe:

Complete: Yes
DECISION 3
Date: 2012-10-02 Ministerial statement: 909
DECISION 4
Date: 2014-09-24 Ministerial statement: 982
OFFSET 1
Condition status: Current
Type(s): Land acquisition, Onground management
Rationale:

The offset for the proposal came about from the removal of condition 7 under Ministerial Statement 627 which required the development of a Landscape and Geological Features Protection Plan. However, it was considered that there were some features at the Windarling 1 deposit and immediate area which had local landscape and geological significance, and noted the previous Minister's appeal decision. Having regard for this, there should be an appropriate offset for the removal of Condition 7. It was recognised that it was unfeasible for the proponent to provide a "like for like" offset of appropriate conservation value. In consideration of these matters, financial provision to the DEC to acquire a land holding for the purpose of the addition of the land holding to the State conservation reserve system, was considered appropriate to offset the landscape and geological values impacted by development of the Windarling Range W1 Deposit.
Security arrangements:

Department of Parks and Wildlife managed land
Governance arrangements:

Offset location:

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

Department of Parks and Wildlife
CONDITION MILESTONE 1
Milestone:

1 To offset the impact of mining at the Windarling Range W1 deposit on the landscape and geological features of the range and local area and related conservation values, within 12 months following the purchase of the former Ennuin Pastoral Lease by Parks and Wildlife, the proponent shall make a financial contribution of $50,000 AUD per year over a 5-year period (total $250,000 AUD) to Parks and Wildlife, to assist with the management of the former Ennuin Pastoral Lease.
Timeframe:

Annually for five years
Complete: No
IMPLEMENTATION MILESTONE 1
Milestone:

1-1 Provide $50,000 to the Department of Parks and Wildlife for the management of the ex-Ennuin Pastoral Lease
Timeframe:

30 April 2013
Timeframe (date): 2013-04-01
Complete: Yes
IMPLEMENTATION MILESTONE 2
Milestone:

1-2 Provide $50,000 to the Department of Parks and Wildlife for the management of the ex-Ennuin Pastoral Lease
Timeframe:

30 April 2014
Timeframe (date): 2014-04-30
Complete: Yes
IMPLEMENTATION MILESTONE 3
Milestone:

1-3 Provide $50,000 to the Department of Parks and Wildlife for the management of the ex-Ennuin Pastoral Lease
Timeframe:

30 April 2015
Timeframe (date): 2015-04-30
Complete: Yes
IMPLEMENTATION MILESTONE 4
Milestone:

1-4 Provide $50,000 to the Department of Parks and Wildlife for the management of the ex-Ennuin Pastoral Lease
Timeframe:

30 April 2016
Timeframe (date): 2016-04-30
Complete: No
OFFSET 2
Condition status: Current
Type(s): Research
Rationale:

The proposal will have an impact on the Declared Rare Flora species Ricinocarpos brevis, which is a critical asset in accordance with Position Statement 9. The proposal will result in the loss of approximately 1073 individuals. This proposal would take the total impact to the R. brevis population at Windarling Range to 9,263 individuals or approximately 51% of the known local Windarling Range population, equating to approximately 38% of the known regional population.

The proposed offsets includes the proponent surrendering its existing approval to clear 353 R. brevis plants, reducing the overall impact on R. brevis on the Windarling Range to approximately 49%. This will require the proponent to change the proposal approved under Ministerial Statement 627, excluding the area containing the R. brevis plants from mining and disturbance. The proponent has submitted an application under section 45C of the EP Act to change the proposal.

The first offset relating to a R. brevis research program will contribute knowledge to assist in the long term recovery and protection of this species.

By undertaking a second offset to translocate individuals of Ricinocarpos brevis being removed for the proposal, there may be an opportunity to reduce the extent of loss to this species.
Security arrangements:

Research plan and Translocation Plan to be developed in consultation with the Department of Parks and Wildlife and to the satisfaction of the CEO of the OEPA.
Governance arrangements:

Offset location:

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

Cliffs Asia Pacific Iron Ore Pty Ltd
CONDITION MILESTONE 1
Milestone:

1 To offset the impact of mining at the Windarling Range W4 East deposit on the Rare Flora species Ricinocarpos brevis, the proponent shall provide a minimum financial contribution of $640,000 AUD over a five year period for the purpose of undertaking works that seek to contribute to the scientific understanding of the long term recovery and protection of sustainable populations of Ricinocarpos brevis at the Windarling Range. The works will commence within 12 months following impact to Ricinocarpos brevis at the Windarling Range W4 East Deposit. The works will be implemented in consultation with Parks and Wildlife and to the satisfaction of the CEO.
Timeframe:

Commencing within 12 months following impact and then ongoing over five years.
Complete: No
CONDITION MILESTONE 2
Milestone:

2 To offset the impact of mining at the Windarling Range W4 East deposit on the Rare Flora species Ricinocarpos brevis, the proponent will provide a minimum financial contribution of $40,000 AUD for the translocation of a proportion of individuals of Ricinocarpos brevis that will be removed by mining of the Windarling Range W4 East Deposit. The number of individuals to be translocated will be subject to practicability considerations such as plant size and site accessibility. A translocation plan shall be developed and implemented by the proponent in consultation with Parks and Wildlife, and to the satisfaction of the CEO.
Timeframe:

Complete: No
IMPLEMENTATION MILESTONE 1
Milestone:

1-1 Provide minimum financial contribution of $640,000 AUD over a five year period
Timeframe:

Commencing twelve months after impact to Ricinocarpos brevis
Complete: No
IMPLEMENTATION MILESTONE 2
Milestone:

2-1 Prepare Translocation Plan
Timeframe:

Timeframe (date): 2014-09-24
Complete: Yes
IMPLEMENTATION MILESTONE 3
Milestone:

2-2 Provide minimum financial contribution of $40,000 AUD for translocation
Timeframe:

Complete: No

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