Project number OEPA:21
Project name

Cloudbreak Life of Mine, Pilbara

Project status Current
Proponent(s) Fortescue Metals Group Ltd
Project location

Approximately 100 km NNW of Newman

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

Following the implementation of all mitigation measures, the Expansion Proposal would have the following significant residual impacts:

Direct and indirect impacts to:
- Mulga vegetation - up to 3,137 hectares within Proposed Conservation Reserve (PCR) and 3,007 hectares outside of the PCR ;
- Samphire vegetation - up to 3 hectares within PCR and 763 hectares outside of the PCR; and
- Coolibah and River Red Gum vegetation - up to 64 hectares within PCR and 65 hectares outside the PCR .

Direct and indirect impacts to habitats of conservation significant species:
- up to 993 hectares of Night Parrot habitat;
- up to 4,744 hectares of Greater Bilby habitat; and
- up to 771.5 hectares of Mulgara habitat.

While the project footprint is up to 13,633 ha, 5,500 ha applies to the Existing Mine and 8,133 ha applies to the Expansion (i.e. this project).

Offset conditions

15-1 In view of the residual impacts and risks to high value environmental assets and Matters of National Environmental Significance adjacent to the nationally important Fortescue Marsh wetland and within and adjacent to the proposed
Fortescue Marsh conservation reserve as a result of implementation of the expansion, the proponent shall contribute to a strategic regional conservation initiative for the Pilbara as determined by the Minister on advice of the Environmental Protection Authority, with contributions commencing by 31 December 2013, or unless otherwise agreed by the CEO.

15-2 Notwithstanding the requirements of Table 1 in Schedule 1 and condition 6, the proponent’s contributions to the strategic regional conservation initiative for the Pilbara determined pursuant to condition 15-1 will be made on the following basis:
1. $3,000 per hectare for direct and indirect impacts to Mulga vegetation in the proposed conservation reserve within the Project Area as shown in Figure 3, excluding Mulga vegetation in the Existing Mine area;
2. $1,500 per hectare for direct and indirect impacts to Mulga vegetation outside of the proposed conservation reserve and within the Project Area as shown in Figure 3, excluding Mulga vegetation the Existing Mine area;
3. $3,000 per hectare for direct impacts to Samphire vegetation within the Project Area as shown in Figure 3, excluding Samphire vegetation in the Existing Mine area;
4. $1,500 per hectare for direct impacts to Coolibah/River Red Gum creekline vegetation within the Project Area as shown in Figure 3, excluding Coolibah/River Red Gum creekline vegetation in the Existing Mine area.

15-3 By 30 September 2012, the proponent shall develop, for the approval of the CEO, an Impact Reconciliation Procedure to determine, on a biennial basis, the extent of impacts that have occurred that will be the basis for the contributions required by condition 15-2.

15-4 The proponent shall implement the Impact Reconciliation Procedure required by condition 15-3 and submit the results to the CEO for approval at least two months prior to providing the contribution as required by condition 15-2.

15-5 The real value of annual contributions described in 15-2 will be maintained through indexation to the Perth consumer price index (CPI), with the first adjustment to be applied to the initial contribution for direct impacts that is to
occur by 31 December 2013, unless otherwise agreed by the CEO.

15-6 The proponent shall make the results of the Impact Reconciliation Procedure required by condition 15-4 publicly available in a manner approved by the CEO.

Note: Where the proponent is to contribute for indirect impacts, this refers to indirect impacts outside of the Mine Envelope as shown in Figure 1 and delineated by the co-ordinates in Schedule 3.

Schedule 1, condition 6, Figure 1 and Schedule 3 - see Ministerial Statement.

Statutory process EP Act Environmental Impact Assessment (Part IV)
Approved project area (ha) 13633.0

Decision(s):

DECISION 1
Date: 2012-06-01 Ministerial statement: 899
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 this recommendation.

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:

15-1 In view of the residual impacts and risks to high value environmental assets and Matters of National Environmental Significance adjacent to the nationally important Fortescue Marsh wetland and within and adjacent to the proposed Fortescue Marsh conservation reserve as a result of implementation of the expansion, the proponent shall contribute to a strategic regional conservation initiative for the Pilbara as determined by the Minister on advice of the Environmental Protection Authority, with contributions commencing by 31 December 2013, or unless otherwise agreed by the CEO.

Timeframe:

Commencing by 31 December 2013, or unless otherwise agreed by the CEO.
On 30/11/2013 the CEO approved an extension until 31 December 2014.
On 23/07/2014 the CEO approved an extension until 31 December 2015.
On 23 December 2015 the CEO approved an extension until 30 June 2016.
On 26 August 2016 the CEO approved an extension until 31 January 2017.
On 28 March 2017 the CEO approved an extension for the first payment to be within 6 months of the establishment of the Pilbara Strategic Conservation Fund.

Complete: No
CONDITION MILESTONE 2
Milestone:

15-3 By 30 September 2012, the proponent shall develop, for the approval of the CEO, an Impact Reconciliation Procedure to determine, on a biennial basis, the extent of impacts that have occurred that will be the basis for the contributions required by condition 15-2.

Timeframe:

By 30 September 2012.

Timeframe (date): 2012-09-30
Complete: Yes
CONDITION MILESTONE 3
Milestone:

15-4 The proponent shall implement the Impact Reconciliation Procedure required by condition 15-3 and submit the results to the CEO for approval at least two months prior to providing the contribution as required by condition 15-2.

Timeframe:

At least two months prior to providing the contribution as required by condition 15-2.

Complete: No
CONDITION MILESTONE 4
Milestone:

15-6 The proponent shall make the results of the Impact Reconciliation Procedure required by condition 15-4 publicly available in a manner approved by the CEO.

Timeframe:

At least two months prior to providing the contribution as required by condition 15-2.

Complete: No
  • No implementation milestones defined.