ssd modification application to da 282-11-2004-i mod 4

SSD Modification Application to DA 282-11-2004-i MOD 4

Submitted under Section 4.55(2) of the EP&A Act, 1979

Australian Bay Lobster Facility

Lot 1 DP1192506, 9484 Tweed Valley Way, Chinderah

Prepared on behalf of

Australian Bay Lobster Producers Ltd

by

June 2019

Table of Contents

1.0 Executive Summary .......................................................................................................................................................... 3

2.0 Project Background .......................................................................................................................................................... 7

3.0 Existing Operations & Approved Staging .......................................................................................................................... 9

4.0 Subject Site and Surrounds ............................................................................................................................................ 10

5.0 Proposed Modification .................................................................................................................................................... 12

5.1 Modifications Sought ................................................................................................................................................. 12

5.2 Ancillary Use Considerations ............................................................................................................................................. 15

6.0 Statutory Assessment .................................................................................................................................................... 15

6.1 Tweed Local Environmental Plan 2014 ..................................................................................................................... 15

6.2 Environmental Planning and Assessment Act 1979 ................................................................................................... 16

6.3 Environmental Planning and Assessment Regulations 2000 ...................................................................................... 16

6.4 Environmental Protection Licences ............................................................................................................................ 16

6.5 Waste Management ....................................................................................................................................................... 16

Anticipated Volumes of Waste Streams ................................................................................................................................... 17

Sources of Waste Streams and Process Handling ................................................................................................................... 17

6.6 Water Considerations ..................................................................................................................................................... 18

6.7 Flood Impacts ............................................................................................................................................................ 19

6.8 Erosion and Sediment Control Considerations............................................................................................................ 19

6.9 Soil Considerations ......................................................................................................................................................... 19

6.10 Traffic and Access .......................................................................................................................................................... 21

6.11 Noise and Vibration ........................................................................................................................................................ 22

6.12 Odour ............................................................................................................................................................................ 23

6.13 Visual Quality ................................................................................................................................................................. 23

6.14 Consultation ................................................................................................................................................................... 24

7.0 Condition Amendments .................................................................................................................................................. 24

8.0 Conclusion ..................................................................................................................................................................... 26

1.0 Executive Summary

Australian Bay Lobster Producers Limited (“ABLP”) request a modification of the Integrated Development Approval DA-282-11-

2004-i (“the Approval”). The Approval relates to the construction and operation of a commercial aquaculture facility and associated

seawater supply infrastructure (“the Development”) at 9484 Tweed Valley Way, Chinderah, New South Wales (the “ABLP site”).

Modifications to the Approval have been granted on two previous occasions, being the Project Approval 08_0083 dated

16/12/2008 which relates to the construction of a seawater intake pipeline (“the Pipeline Consent”) and Project Approval DA

282-11-2004-i MOD 2 (“MOD 2”) dated 23/09/2013, which updated the Approval in line with the operational requirements of

ABLP (refer to Appendix B for a copy of MOD 2). The modifications incorporated into the Approval by MOD 2 reflect ABLP’s

current consent and will be collectively referred to hereinafter as the “Consent”.

ABLP currently has a third modification (“MOD 3”) under assessment with the Department of Planning and Environment. The

modification seeks to amend condition 4.39 of the Approval to permit the importation of excavated natural material (ENM) and

potential acid sulfate soils (PASS) to the ABLP site. The modification also seeks to clarify the uncertainty in the Consent concerning

the flood mitigation plan. At present the Consent requires ABLP to construct a bund wall as a flood mitigation precaution. In

substitution of the bund wall ABLP intends to raise the site, by way of conventional fill, to approximately 4.0m AHD. The area of

land raised as part of this process is confined to the current footprint of the ABLP site and is intended to be undertaken as and

when the fill becomes available over time.

This modifications contained in this application consolidate the modifications sought in MOD 3 in addition to seeking approval for

further modifications that are intended to update the Consent to support the evolving operational requirements of ABLP and the

future development of the ABLP site. It is the fourth modification since the Approval an as such will be referred to hereinafter as

“MOD 4”. The modification is comprised of eight components which are detailed as follows:

• MODIFICATION COMPONENT NO.1

Component 1 is intended to formalise ABLP’s approval to conventionally fill and raise the area of land designated for

Stage 2 and Stage 3 of the Development. The proposed fill and raise flood mitigation method is preferred as opposed to

a bund wall, which is currently approved, as it ensures the ABLP site will be protected from a 100-year ARI flood event.

The current flood mitigation requirements for the Development are detailed in condition 4.39 of the Consent.

Condition 4.39 of the Consent relates to the importation of soils to the ABLP site for use in the construction of protective

mitigants to ensure a flood free environment for the operational pad. A bund wall was original proposed as the protective

mechanism against flooding, however, further investigations revealed that due to the presence of a high groundwater table at the

ABLP site and the impacts of same, a bund wall would not adequately protect the ABLP site from a 100-year ARI flood. On this

basis, the area comprising Stage 1 of the ABLP site has been protected using a fill and raise method whereby the site was raised

to a height of 4.0m AHD. MOD 4 seeks to modify the Consent to permit ABLP to continue to fill and raise the ABLP sites for

Stages 2 and 3 as the method of flood mitigation. Therefore component 1 of MOD 4 seeks to modify the Consent to the

extent that any references to the previously proposed ‘bunding’ of the ABLP site, or references to the use of ‘floodgates’

or the construction of a ‘borrow pit’ and/or ‘bunding – in the context of landscaping’ are removed as they are no longer

relevant in circumstances where ABLP adopts a raise and fill method of flood mitigation.

It is estimated that to fill and raise Stages 2 and 3 of the ABLP site, ABLP will be required to import approximately 2

million cubic meters of fill. To achieve this ABLP adopts an ‘as and when available’ approach to obtaining fill, whereby it

sources fill when it can be sourced in a commercially sustainable manner. On this basis ABLP requires permission to fill

the site over a timeline that accommodates the gradual filling of the site as and when fill resources become available. The

fill that is currently permitted under the Consent, is virgin excavated natural material (VENM), although due to the limited

resources of VENM in the region, ABLP seeks approval to include excavated natural material (ENM) and potential acid

sulfate soils (PASS) as approved soils for use in fill operations.

ABLP acknowledges the sensitivities surrounding use of PASS and therefore it is committed to developing and adhering

to a strict PASS treatment plan that will enable it to receive and treat the PASS on site in a safe and responsible manner.

ABLP estimates that the proportion of PASS to be used in the fill and raise of the site will not exceed 25% of the total fill

material for Stages 2 and 3, or 500,000m3. The remainder of the fill material will consist of VENM and/or, subject to the

outcome of this application, ENM. Further detail about the intended treatment and use of PASS is included in the attached

documentation, including a basic treatment plan and Acid Sulfate Soils Management Plan (see Appendix E).

Of important note is that the importation of PASS is ancillary to the primary purpose of the ABLP site and is directly

related to ABLP’s compliance with the “Flood Impacts” conditions in the Consent, specifically the design and construction

of flood protection measures capable of excluding a 100-year ARI flood event. As such the importation and treatment of

PASS is related to the principle purpose of the ABLP site as it would form part of the construction of the Development in

the same manner approved under the Consent. On this basis component 1 of MOD 4 does not create a separate or

independent use for the ABLP site and accordingly is eligible to be undertaken pursuant to the Environmental Planning and Assessment Act 1979 (the Act).

In order to include PASS as an approved fill material, the Consent will require modification to remove, subject to other

regulatory approvals, any reference to PASS as a ‘waste’ material.


Component 2 seeks to expand the permitted operations at the ABLP site to include aquaculture operations that are

complimentary to the cultivation of bay lobster. To achieve this ABLP proposes updates to the wording in Schedule 1 of

the Consent and the removal of restrictions imposed at paragraph 1.3, Schedule 2 of the Consent.

The purpose of the Consent was to enable ABLP to construct and operate a commercial aquaculture facility, however the

current Consent restricts the ABLP, per paragraph 1.3 of Schedule 2, to the “commercial cultivation of Thenus orientalis and T. indicus”. Although ABLP’s site is currently limited to the production of Thenus spp., it is envisaged that because of

the unique nature of the facility and the projected development of the fresh seawater pipeline, there will be commercial

and environmental opportunities that arise from emerging seafood markets. On this basis ABLP seeks to modify the

Consent to permit alternative aquaculture ventures, that are not associated with the construction and operation of a

commercial Australian Bay Lobster facility, to operate or be constructed on the ABLP site. Such ventures would not be

permitted at the site without specific approval, however by broadening ABLP’s current approval in this way, ABLP will be

able to capitalize on future opportunities of this nature.

The second part of this component pertains to the wording of paragraph 1.3, Schedule 2 of the Consent, specifically:

1.3 The development is restricted to the commercial cultivation of Thenus orientalis and T.

indicus at the site.

ABLP seeks to widen the species of Australian Bay Lobster referenced in the Consent to include a broader list of Thenus.

The basis for this is that as further research is conducted into bay lobsters within the industry, the naming conventions

are subject to change. As an example, Thenus orientalis is no longer recognised as a species of bay lobster. In order to

circumvent the progressive changes to bay lobster naming conventions, ABLP proposes to amend paragraph 1.3 to

include the commercial cultivation of “Thenus”.


Component 3 seeks to permit ABLP to construct short term accommodation on the ABLP site for use in emergency

situations, whether caused by unavoidable natural events or otherwise, and to ensure the health and safety of personnel

on the ABLP site (“emergency and relief accommodation”).

During the flood event that occurred in March/April 2017ABLP staff were prevented from accessing the ABLP site, as a

result of which ABLP sustained near catastrophic losses to its production. In order to circumvent the losses that would

be sustained by a similar event, ABLP seeks permission to include short term accommodation as part of the building

Consent. It is believed that had short term accommodation been available on the ABLP site at the time of the flood event,

ABLP would not have incurred the significant losses that it did. In addition to this, as ABLP seeks permission to use short

term accommodation to protect the safety and wellbeing of personnel who enter the ABLP site. In circumstances where

personnel are evidencing adverse health symptoms (e.g. such as exhaustion) ABLP utilise the short term accommodation

to allow personnel until they could be safely removed from the ABLP site.

o Component 3 seeks to amend the Consent to permit ABLP to install and utilise short term accommodation at

times of unavoidable natural and human risks.


Component 4 seeks to eliminate any inconsistency between ABLP’s Environmental Protection Agency Licence No.

12947(“EPA license”) and the Consent with respect to the volume of water that is permitted for collection from the

Tugun Desalination Plant. The Consent currently limits ABLP from collecting more than 160,000 litres of seawater per

day from the Tugun Desalination Plant. This is in contrast with the EPA license which permits ABLP to discharge 5,497KL

per day.

The production of bay lobster is dependent on fresh seawater and in order to satisfy the operational demands of the

facility in the future, it is estimated that ABLP will require seawater in excess of 160,000 litres per day. At present, ABLP

relies on Tugun Desalination Plant as its primary source of seawater and will continue to do so until the seawater intake

pipeline from Dreamtime Beach is completed. Once completed ABLP will revert to the sweater intake pipeline as an

exclusive source of seawater. Notwithstanding, in order to protect ABLP’s production from a pipeline failure or unexpected

maintenance, ABLP requires ongoing access to the Tugun Desalination Plant in perpetuity. Although ABLP is currently

well within the permitted volume of water that can be collected under the Consent, in order to protect its future operations

from a pipeline failure or comparable event, it seeks to align seawater collection thresholds in the Consent with the EPA

discharge license.


Component 5 seeks to amend the wording of paragraph 4.51, Schedule 2 of the Consent by removing the restrictions

on seawater and wastewater vehicles. Additionally, this component seeks to formalise ABLP’s consent to collect seawater

from the Tugun Desalination Plant without limitation. ABLP’s operations run 24 hours a day, seven days a week, and

require a continuous source of fresh seawater to sustain animal life. ABLP sources its seawater from the Tugun

Desalination Plant, therefore in order to satisfy its production demands it is imperative that ABLP has unrestricted approval

to collect seawater from the Tugun Desalination Plant.

The wording of paragraph 4.51, Schedule 2 of the Consent is ambiguous and as a result ABLP and related parties have

encountered confusion with its interpretation. Specifically, ABLP seeks to replace the word “development” with the phrase

“construction at the ABLP site” and to remove the wording “(i.e. the arrival and departure of vehicles delivering or removing seawater and wastewater)” altogether. This wording was erroneously included at paragraph 4.51 as part of MOD 2 and

should have been inserted into paragraph 4.53, Schedule 2 of the Consent. The purpose of these amendments are to

secure ABLP’s right to continue to collect seawater from the Tugun Desalination Plant and deliver it to the ABLP site over

a 24hour time period. In consideration of this modification, it is noted that the collection of seawater from the Tugun

Desalination Plant is not intended to persist upon completion of the seawater intake pipeline, except for in the event of a

pipeline failure or maintenance event preventing ABLP from using the pipeline. Considering this, ABLP will require access

to the Tugun Desalination Plant for the purpose of seawater collection in perpetuity.

Further and subject to the formal approval of the Tweed Shire Council (currently agreed ‘in principle’ – refer Appendix C),

ABLP seeks approval to include Jack Evans Boat Harbour as a primary seawater collection point until December 2021.

Currently the Consent permits the authorised extraction of seawater from the Tweed Heads River at the Jack Evans Boat

harbour as an alternative to the Tugun Desalination Plant. This alternative collection point was intended as a contingency

plan in the event that seawater could not be sourced from the Tugun Desalination Plant. ABLP seeks to include this

approval in the Stage 1B description, Schedule 2 of the Consent.

In summary this component is intended to modify the Consent as follows:

o amend the paragraph 4.51, Schedule 2 to include the phrase “construction of the” and to remove the wording “(i.e. the arrival and departure of vehicles delivering or removing seawater and wastewater)”. The paragraph will read as

follows:

“Activities associated with the construction of the development, including activities associated with MOD 2 must only be carried out between the hours of:

a) 0700 and 1800, Monday to Friday; b) 0800 to 1300 on Saturdays; and c) at no time on Sundays or Public Holidays.”;

o amend the paragraph 4.53, Schedule 2 to read:

“Operation activities associated with the development, including the arrival and departure of vehicles delivering or removing products, seawater or wastewater from the site, may be undertaken twenty four (24) hours a day, seven (7) days a week provided the noise contribution limits comply with the EPA’s Industrial Noise Policy.”;

o amend the Stage 2 and Stage 3 works, Schedule 2 to include the Tugun Desalination Plant as a supply/collection

point for daily seawater pursuant to ABLP’s EPA license; and

o amend the Stage 1b works, Schedule 2 to include the Jack Evans Boat Harbour, Tweed River as a daily seawater

collection point until 31 December 2021. See the attached agreement (in principle) between ABLP and the Tweed

Shire Council, permitting the extraction of seawater from Jack Evans Boat Harbour until December 2021.


Component 6 seeks to amend the note at paragraph 4.13, Schedule 2 of the Consent to update the “main aquaculture development site” to reflect the correct property allotments comprising the ABLP site. At present the Consent erroneously

includes property lots that are not owned or operated by ABLP. The reason for this erroneous description is because of

a land sale event that transpired subsequently to the approval of the Consent. The Consent currently lists the ABLP site

as all property that is attached to 355 Cudgen Road, Cudgen, NSW.

As part of formally transferring the land to be used as part of the development, ABLP purchased Lot 1 in DP 1192506

together with three small lots adjoining the highway, namely Lots 708, 709, 710 in DP 1000580. Accordingly, the note

at paragraph 4.13, Schedule 2 should read:

“Note: For the purposes of this condition, “main aquaculture development site” refers to the area of approximately 45 hectares on which Farms 1 to 3 will be located on part Lot 1 DP 1192506 and Lots 708, 709 and 710 in DP 1000580.”

Please refer to Figures 1 & 2 for an aerial photograph that outlines Lot 1 in DP 1192506 together with a copy of the

original concept.

In addition to the item above, the proposal seeks to modify the pipeline alignment (as approved) between Tweed Coast

Road and Elrond Avenue. In this regard, the proposed amendment is reflected in the plan attached at Appendix H. This

amendment is necessary so as to minimise impact on private access roads and to properly reflect the most efficient route

relative to on site obstacles.


Component 7 seeks to include an updated conceptual site plan depicting future development at the ABLP site. The plan

is intended as a general guide as to the size and position of buildings and related developments on the site based on

current and future operational demands. Given the fluid nature of the business the site plan cannot be relied upon as an

exact depiction of future development and is subject to change. Refer to Appendix G for a copy of the plan.


Component 8 seeks to address a number of housekeeping matters that will bring the Consent in line with the present

operations at the ABLP site. These include modifications to:-

1. classify seawater collection from an external source, inclusive of the departure and arrival of trucks to the ABLP site

as part of this process, as an ‘operational activity’;

2. confirmation that seawater trucks are permitted to leave and enter the ABLP site over a 24 hour period for the

purpose of supplying seawater;

3. deletion of paragraph 6.6, Schedule 2 of the Consent, along with any other reference to the payment of road

contributions. The payments referred to in the Consent have been paid in full and final satisfaction of the obligation.

4. with the exception of the Tweed Shire Council Kingscliff Sewerage Treatment Plant (“Kingscliff STP”), remove any

reference to a wastewater location, including reference to the discharge point at Chinderah any connected or related

community consultation that is directly related to this discharge (inc. Appendix B of Mod 2 as it currently stands).

5. modify the contents of Schedule 1 of the Consent to properly reflect the modifications sought.

6. modify the contents of Schedule 2 of the Consent to properly reflect the modifications sought.

7. modify the Consent to include a paragraph that permits ABLP to alter, relocate, remove or expand the car parking at

the ABLP site in order to meet the growing demands of the Development, on the basis that such alteration, relocation,

removal or expansion is in accordance with Australian Standards AS2890.1 1993 Off-Street Car Parking and the

Tweed Shire Council’s code DCP2 Site Access and Parking Code.

The various components listed above are ancillary to the primary purpose of the Consent and do not create a ‘new use’ for the

ABLP site. As such there will be minimal to no impact on the environment or local community as a result of the modifications.

Overall it is intended that amendments proposed in MOD 4 will remain consistent with the existing Consent pertain to the ongoing

construction and operation of the Development in accordance with the approved use referenced in the Consent.

Please note, whilst the Consent refers to over ten (10) parcels of land that will be subject of MOD 4, the modifications primarily

pertain to the ABLP site at Lot 1 DP1192506 and 708, 709, 710 in DP 1000580, referred to hereinafter as 9484 Tweed Valley

Way, Chinderah. Otherwise the owner’s consent has been obtained for land that will be affected as a result of MOD 4 prior to the

modifications submissions with the Department of Planning and Environment.

2.0 Project Background

ABLP obtained the Consent in 2005 to commence construction on an aquaculture facility design to produce Thenus spp. commonly

referred to as Australian Bay Lobster and known locally as Moreton Bay Bugs. The facility is the first of its kind as bay lobsters are

not currently produced anywhere else in the world. Therefore, consumers rely on wild caught bay lobster to satisfy demand, which

is leading to the continued depletion of an Australian natural resource as the demand for the product outstrips natural supplies.

Fortunately, on the back of consecutive decades of research, ABLP has designed an onshore aquaculture facility using recirculation

aquaculture technology to produce bay lobsters in a sustainable and environmentally safe manner. The offshore aquaculture facility

is currently approved over three (3) stages. Upon completion of all three (3) stages, the operation is expected to occupy

approximately 45 hectares of land and produce an estimated 3228 tonnes of product annually with minimal environmental impact.

The project has been designed to produce two (2) products; a live, hard shell animal of a nominal 218g and a soft-shell animal

(frozen or fresh chilled) of a nominal 45g.

ABLP has constructed the first stage in the approved development, a greenhouse structure enclosing a series of recirculating

seawater raceways and filtration systems, and associated buildings to facilitate the operational demands of the facility. The first

stage of the facility is still within its research and development stage as ABLP adjust to the practicalities of scaling up its system to

a commercial level. As such the current animal production numbers are low and will remain so until such time that ABLP’s technology

has been adequately tested and proven at a commercial scale. Notwithstanding, ABLP continues to employ approximately 70

people at the facility and generates stimulation to the local economy via its use of trades and services in the construction and

operation of the Development.

As part of scaling the facility to a commercial level the Development will ultimately incorporate pipeline infrastructure from the ABLP

site to Dreamtime Beach, Kingscliff, providing the facility with a clean and uninterrupted source of fresh seawater. The seawater

pipeline will be laid within public reserves and private land, housing a series of pipes that will draw water from an offshore point

located approximately 1km from the beach. To date, and pending the construction of the seawater pipeline, ABLP relies on bulk

truck transport of seawater from the Tugun Desalination Plant or Jack Evans Boat Harbour, Tweed Heads River to supply the

seawater required by the Development. As the Tugun Desalination Plant sources its seawater from its own dedicated offshore

pipeline, ABLP prefers to source its water from this location. The existing Consent categorises the Tugun Desalination Plant as a

public utility designed to supply the water grid. Therefore, collection of the seawater to the ABLP facility remains via licensed ISO

stainless steel lined transport tanks. Although because of the plant’s restricted operating days ABLP has been forced to source

water from the Jack Evans Boat Harbour on occasion to ensure it maintains adequate levels of fresh seawater.

Once the seawater has passed through the ABLP facility, it is treated and on forwarded to Tweed Shire Council’s Sewage Treatment

Plant at West Kingscliff where it forms part of the existing discharge from the plant. All seawater discharged from the ABLP site is

treated in accordance with the licensing requirements for Council’s Sewage Treatment Plant and ABLP’s Environmental Protection

Agency permits.

DA-282-11-2004-i & MOD 1

With respect to the approvals background, the Consent was originally issued in September 2005 before being contested in the

Land and Environment Court and a subsequent challenge to the Supreme Court. The Supreme Court made a ruling in favour of

ABLP and the application was referred back to the Land and Environment Court. Unfortunately due to the considerable costs of

this process, both in time and money, ABLP lost institutional funding commitments. In order to account for a reduction in its funding,

ABLP submitted a request to the NSW Department of Planning and Environment (“the Department”) seeking approval to stage

the development over three stages, thus limiting the initial outlay for the Development (MOD 1). The Department approved the

amended consent and the staging plan outlined within DA-282-11-2004-i was formed.

Pipeline Amendment 08_0083

In December 2008 the Pipeline Amendment 08_0083 was granted, providing ABLP with consent to amend the seawater intake

pipeline route without altering the approved development on the ABLP site.

DA-282-11-2004-i MOD2

MOD 2 (DA-282-11-2004-i MOD2) was granted in September 2013. This modification amended the staging plan to divide the

development activities listed in Stage 1 between two sub-stages, Stage 1a and Stage 1b. The purpose of this was to allow ABLP

set aside the wastewater discharge pipeline to Stage 1b in order to focus on the construction and operation of the greenhouse

structure, referred to as Farm No. 1. Additionally, due to high levels of rainfall at the time, the water table surrounding the ABLP

site had risen to a point that prevented the trenching and construction of the wastewater pipeline. Although the wastewater pipeline

was initially delayed to Stage 1b, a fortuitous turn in the environmental conditions at the site allowed ABLP to include the pipeline

as part of its commercial scope for Stage 1a.

DA-282-11-2004-I MOD 3

MOD 3 was submitted to the Department in ??, however at the request of the Department it has since been incorporated into this

document and will form part of MOD 4. MOD 3 related to the proposed amendments to condition 4.39 Soil Quality, Schedule 2

of the Consent. Specifically the modification sought to permit the importation of excavated natural material (ENM) and potential

acid sulphate soil (PASS) for use in the site filling operations associated with to Stages 2 and 3. This modification is now contained

in this application.

MOD 3 also sought to clarify the wording within the Consent concerning the flood mitigation protections that are required as part

of the Development. As an alternative to constructing a bund wall around the site, ABLP sought to a fill and raise the site to

approximately 4.0m AHD. The fill and raise method does not expand the approved 45 hectare footprint of the Development and

would be carried out using conventional fill methods as and when fill became available. This modification is now contained in this

application.

3.0 Existing Operations & Approved Staging

The construction works associated with Stage 1a and 1b are predominantly complete and operations are currently in the latter

stages of Stage 1b.

Please refer to Table 1 (below) to identify the development timeline for the ABLP site. Also see Appendix E - Acid Sulphate Soils

Management Plan and Appendix G for a list of the current and proposed operations at the ABLP site.

Table 1: Staging, description and subsequent status

Stage Description Environment and

Monitoring Regime

Status

Stage 1a

Works

The construction and operation of Farm 1 located in the north-

west section, occupying an area of approximately 15 hectares and

including hatchery and growout facilities, car parking plus processing building, workshop facilities, seawater and freshwater

storage tanks, access road upgrade, and as described under DA-282-11-2004-I, and all additional information submitted in

support of the application and MOD 1 and MOD 2, including supply of up to 40,000 litres of seawater daily from the Tugun

Desalination Plan, and direct discharge of up to 40,000 litres of wastewater to the drainage channel/ Tweed River at Chinderah

until 21 October 2013.

• Discharge concentration

monitoring -in accordance with

Condition 5.1;

• Groundwater monitoring-

in accordance with

Condition 5.4;

• Independent

Environmental Auditing- as per condition 5.7, and

• Annual Environmental

Management Report –

as per condition 9.3.

Complete

Stage 1b

Works

The construction and operation of Farm 1 located in the north-

west section, occupying an area of approximately 15 hectares and including hatchery and growout facilities, car parking plus

processing building, workshop facilities, administration building, seawater and freshwater storage tanks, access road upgrade and

discharge of seawater to the pipeline as described under DA-282-11-2004-I, and all additional information submitted in support of

the application and MOD 1, including supply of up to 160,000

litres of sweater daily from the Tugun Desalination Plant.


monitoring -in accordance with

Condition 5.1;


in accordance with Condition 5.4;

• Independent

Environmental Auditing-

as per condition 5.7, and


Management Report – as per condition 9.3.

• Construction complete

• Operations partially

complete

Stage 2

Works

Construction and operation of Stage 2 located immediately east of

Stage 1, occupying an area of approximately 14 hectares and including hatchery and growout facilities, car parking plus

processing building, workshop facilities, administration building, seawater and freshwater storage tanks, as described under DA-

282-11-2004-1, and all additional information submitted in support of the application, as well as discharge of wastewater to

pipeline, and construction/ operation of the pipeline and pump house at Dreamtime Beach to supply all seawater needs.

• Noise monitoring to

confirm the noise emissions performance

of the pumping station at Duranbah Beach;


monitoring -in accordance

with Condition 5.1;


in accordance with Condition 5.4;

• Independent

Environmental Auditing-

as per condition 5.7, and


Management Report – as per condition 9.3.

• Preparatory works for

fill and raise of site commenced.

• Seawater pipeline

planned for

construction mid-2019.

• Wastewater pipeline

construction

complete.

• Site construction

forecasted to commence in 2019

contingent upon Stage 1 production

success.

Stage 3

Works

Construction and operation of Farm 3 located immediately south of Farm 1 and occupying an area of approximately 15 hectares

and including hatchery and growout facilities, car parking plus processing building, workshop facilities, administration building,

seawater and freshwater storage tanks as described under DA-

282-11-2004-I, and all additional information submitted in support of the application.


monitoring -in

accordance with Condition 5.1;


in accordance with

Condition 5.4;

• Independent

Environmental Auditing- as per condition 5.7, and


Management Report –

as per condition 9.3.

• Stage 3 will

commence based on

demand place on Farm 2. Projected for

commencement beginning of 2020.

4.0 ABLP Site and Surrounds

The site is zoned as RU1 Primary Production pursuant to the Tweed Local Environmental Plan 2014 (TLEP2014) which replaced

1(b) Agriculture Protection of the Tweed Local Environmental Plan 2000 (TLEP2000) the in force Act at the time ABLP received

its initial consent. The site is surrounded by RU1 Primary Production zoned lands and neighbours a Hanson sand mine, a Caltex

Service Station and the Melaleuca Station Crematorium, with access provided by the M1 Pacific Motorway which runs along the

western boundary of the property. Please refer to Figure 1. (below) for a locality plan of the area.

The primary site access is from the M1 Pacific Motorway via the Tweed Valley Way interchange at Chinderah, NSW. Refer Figure

2 below.

Figure 1. Locality Plan Source: Nearmap 2019

Figure 2. Aerial Photograph Source: Nearmap 2019

5.0 Proposed Modification

5.1 Modifications Sought

Australian Bay Lobster Producers Limited have approval to construct and operate a commercial aquaculture facility and associated

seawater supply pipeline 9484 Tweed Valley Way, Cudgen, NSW under the jurisdiction of the Tweed Shire Council Local

Government Area. This MOD 4 to the Consent and is comprised of eight components, which are detailed as follows:


The application to modify seeks to formalise the filling of the land (as opposed to bunding) and to also authorise /

formalise the method of filling the land to ensure the aquaculture development site is flood free including in a 1 in 100

year flood event. Flood requirements for the approved aquaculture development are provided in condition 4.39 of the

Project Approval DA 282-11-2004-i MOD 2.

Condition 4.39 of the consent relates to the importation of soil to the site for this purpose of achieving a flood free

environment. Whilst the bunding of a protected operational pad was originally proposed, the presence of a high groundwater

table and the impacts of same, precluded the use of a bund in this instance. Accordingly, the site has been filled to date and it is

proposed to modify the consent so as to make sure that the continued filling of the land is properly reflected in the consent.

To achieve the filling of the land, it is estimated that around 2 million cubic metres of fill will be required. Given the extent

of fill remaining, Australian Bay Lobster are seeking to obtain and utilise available filling resources when they are available

and in a manner that is commercially viable. It is for this reason, that Australian Bay Lobster are seeking the ability to

gradually fill the site by way of using available fill resources, when and as it becomes available, including virgin excavated

natural material (VENM), excavated natural material (ENM) and potential acid sulphate soils (PASS). The PASS would

be treated onsite before being used as a fill material.

With respect to the likely extent of potential Acid Sulphate Soils to be used in the filling of the land, it is estimated to be

in the order of 500,000m3 or 25% of the fill required to implement the ABLP consent. The remainder will be made up of

VENM (as used to date and when the resource is available) and or ENM, subject to the outcome of this application. Further

detail about the treatment and use of the soil is included in the attached documentation, including a basic treatment plan

and Acid Sulphate Soils Management Plan (see Appendix E).

The importation of the PASS is ancillary to the use of the site as an aquaculture facility and associated seawater supply

works. In particular the proposed modification has a relationship with the approved use to ensure flood protection

measures are sufficient and consistent with the consent. The importation and treatment of the PASS is a construction

requirement to support the existing consent and use. This element of the proposed modification is not a separate or

independent use on the site and is related to the principle purpose as approved. As such, the modification is eligible to be

undertaken pursuant to the Environmental Planning and Assessment Act 1979 (the Act).

The proposal seeks to modify the consent such that any references to the previously proposed ‘bunding’ of the site, the

use of ‘floodgates’, the construction of a ‘borrow pit’ and or ‘bunding – in the context of landscaping’ are removed as

they are no longer relevant in circumstances where filling is proposed.

As a result of the proposed filling of the land using VENM, ENM and PASS, there is also a requirement to modify the

consent to ensure that any applicable reference to the use of ‘waste’ materials (limited to PASS) for the purposes of

filling is permitted, subject to other regulatory approvals.


The current consent gives approved for the carrying out of aquaculture on the subject site. Given the broad scope of this

consent, an unnecessary and restrictive oversite has occurred resulting in a restriction on trade being only for the species

Thenus spp. As the site is approved for aquaculture and is rare for the locality, it is requested that this restriction be lifted

for as the emerging seafood market continues growth with imaginative use of sealife on restaurant plates, this site could

be capable of supporting such emerging markets should they eventuate.

o The modification seeks to ensure the site is utilised for aquaculture ventures as approved and not solely restricted

for one product type. Consent is to be modified to allow for additional species to be farmed with the prior

agreement of relevant authorities.


Given recent flooding events in the Shire, the business venture has suffered catastrophic losses to its product. With recent

reviews for the site with regard to such natural risks, it has been determined that should emergency short-term

accommodation had been available, employees could continue to operate the site and ensure that any losses to product

is minimised.

o The modification seeks amendment to include emergency short term accommodation quarters to be utilised at

times of unavoidable natural and human risks.


There is inconsistency between the EPA approved collection of seawater from the Tugun Desalination Plan and that of

the SSD consent. The use of and collection of this seawater is required on a daily basis and will continue until such time

as the pipeline to Dreamtime Beach is established for a permanent readily supply.

o The modification seeks to amend the amount of seawater collected from Tugun Desalination Plant to align with

the EPA approval with License No. 12947. The simplest method to address this matter is with the rewording of

those conditions to point to EPA approvals for quantity and quality.


The consent is to be modified to formally allow an unlimited collection of seawater from the Tugun Desalination Plant. In

this regard, In this regard, ABLP’s operations are undertaken on a 24hour a day, seven days per week cycle, however the

current approval (as formalised in Mod 2) limits seawater extraction from the desalination plant to only 160,000 litres

per day.

In order to ensure clarity with the movement of vehicles to and from the site, modification of condition 4.53 is also sought.

In this regard, it is sought to rationalise the existing wording so as to ensure that this condition also includes vehicle

movements to and from the Tugun Desalination Plant and any other water source, at any time over a 24 hour period.

Previously, Mod 2 of the consent authorised the extraction of seawater from an agreed location at Jack Evans Boat

Harbour (Tweed Heads) as an alternative to the Tugun Desalination plant. The alternate site being a failsafe in the event

that water is unable to be sourced from the desalination plant at any point in time.

It is therefore proposed to amend the current wording so as to formalise the authorised extraction of water from the

Tweed River at Jack Evans Boat Harbour. This will be placed at the end of the Stage 1B description and for this new

extraction (agreed in principle with Tweed Shire Council – refer Appendix C) to be undertaken over a period of up to

December 2021.

Whilst the extraction of seawater from the desalination plant is unlikely to be required (on a permanent basis) once the

pipeline is constructed, it is proposed to retain the ability to use water from the desalination plant (within the approval),

even when the pipeline is constructed in the event that the pipeline cannot be used due to maintenance / repair

requirements.

o The modification seeks to amend the Stage 1b works description allow for operational delivery hours to be

permitted at any time and for the collection and delivery of seawater from the Tugun Desalination Plant and

directly from the Tweed River with Tweed Shire Council agreement to be formally recognised and that the amount

of seawater permitted to be collected from the Tugun Desalination Plant be unlimited and subject to SEQ Water

approval.

o In accord with the attached agreement reached (in principle) with Tweed Shire Council, the extraction of

seawater (from the same location previously approved at the Tweed River at Jack Evans Boat Harbour, Tweed

Heads) is to be approved until December 2021.


Modification of consent to properly include the accurate identification of allotments - Property site description change to

Lot 1 in DP 1192506 - Whilst the Consent includes all property site Lots then attached to the ownership of 355 Cudgen

Road, Cudgen, the property was not owned by ABLP.

As such and in order to enable ABLP to formally purchase the land approved for its development, it was decided that

rather than create new boundaries, the site was adjusted (boundary adjustment) and they proceeded with the purchase

of Lot 1 in DP 1192506, together with three small Lots adjoining the highway Lots 708, 709, 710 in DP 1000580.

Please also see Figures 1 & 2 demonstrating a recent aerial photograph that outlines Lot 1 in DP 1192506 together

with a copy of the original concept.

In addition to the item above, the proposal seeks to modify the pipeline alignment (as approved) between Tweed Coast

Road and Elrond Avenue. In this regard, the proposed amendment is reflected in the plan attached at Appendix H. This

amendment is necessary so as to minimise impact on private access roads and to properly reflect the most efficient route

relative to on site obstacles.

The modification seeks to amend the consent by way of referencing the correct property descriptions


This proposed modification includes a conceptual site plan that depicts (generally and diagrammatically only) the future

stages of development as the site evolves.

As such, a reference to this site plan is proposed within the beginning of the consent. A copy of the plan is contained at

Appendix G.


The proposal seeks to make a number of housekeeping changes to reflect current operations. These include:-

1. The modification of the consent to clearly reflect that the collection and delivery of seawater is an ‘operational’

requirement that is to be carried out any time.

2. The modification of the consent to remove reference to the payment of road contributions as this payment has

already been made.

3. The modification of the consent to remove any reference to the discharge of wastewater to any location other than

the approved and existing discharge point, being the Tweed Shire Council Kingscliff Sewerage Treatment Plant. Any

reference to the discharge at Chinderah is to be removed, along with any connected or related community

consultation that is directly related to this discharge (inc. Appendix B of Mod 2 as it currently stands).

4. Modify the contents of Schedule 1 of the consent so as to properly reflect the modifications sought

5. Modify the contents of Schedule 2 of the consent to properly reflect the modifications sought

This modification request is considered to involve minimal Environmental Impact and therefore the consent as amended will remain

consistent with the existing approval given that the use fundamentally remains the same and all modifications herein relate to the

ongoing success of the site for such purposes.

Whilst the consent references over ten (10) parcels of land the subject of this modification relates to a single parcel being Lot 1

DP1192506, known as 9484 Tweed Valley Way, Chinderah. Owners consent has been provided at time of lodgement of the

modification to the Department of Planning and Environment.

5.2 Ancillary Use Considerations

MOD 4 does not propose a separate or independent use of the ABLP site and maintains the principle site purpose as approved in

the Consent. To support this, the modification is consistent with the ‘ancillary use’ considerations presented in Planning Circular PS13-001, including the provisions regarding the emergency and overnight accommodation for staff. The criteria for determining

an ‘ancillary use’ are detailed as follows (“Ancillary Use Considerations”:

• If the component is going to serve the dominant purpose of the development, it is more likely to be an ancillary use.

• If the amount of land used for the ancillary use is relatively small, it is more likely to be an ancillary use of the princip le

purpose.

• If the component is temporary, it is more likely to be ancillary, but if it is ongoing it is likely to be independent.

• Related components of a development are likely to have an ancillary relationship.

The overnight and emergency accommodation is intended to support the ongoing operations of the facility in specific circumstances

(providing emergency and relief onsite accommodation to staff). It is imperative to the successful operation of the ABLP site

during emergency events (e.g. flooding) and will offer a means of ensuring the safety of ABLP staff when relief is required. The

accommodation is not intended to facilitate new operations and/or operations that are not approved under the Consent and

satisfies all Ancillary Use Considerations within the Planning Circular PS13-001. On the basis of the above, the accommodation

proposal is a suitable modification pursuant to s4.55(1A) of the Act.

Further to the above, the importation of PASS, ENM and VENM is a construction component of the Development. The modification

is ancillary to the approved land use in the Consent as it is direct support of implmenting flood protection measures that are adequate

to protect the Development from 1 in 100 year ARI flood event. The importation of such soils will form part of the fill and raise

method of flood protection(as opposed to site bunding which is unviable) and will only comprise a small and temporary part of the

overall construction of the site. To clarify, the treatment of importation, treatment and use of PASS is intended to as part of the

raise and fill operations only and will not extend beyond this.

6.0 Statutory Assessment

The following section addresses the strategic context and statutory assessment of MOD 4.

6.1 Tweed Local Environmental Plan 2014

MOD 4 remains consistent with the requirements of the Tweed Local Environmental Plan 2014 (“TLEP2014”) as they apply to

the current Consent. The subject site being Lot 1 of DP1192509 together with Lots 708, 709 and 710 in DP 1000580 is zoned

RU1 pursuant to TLEP2014 and complies with the definition of an approved development for Animal Establishment . MOD 4 does

not seek consent for a new land use on the ABLP site and as such the proposed modification to the approved Animal Establishment

remains permissible and any modifications are subject to s4.55(1A) of the Act. The modifications in MOD 4, as detailed in Section

5 of this report are an ancillary component to the approved Animal Establishment consent provided in the 2005 approval by the

Minister for Infrastructure and Planning, under DA-282-11-2004-i.

Furthermore, as MOD 4 seeks to update the current Consent to account for the operational needs of ABLP as the business

develops, specifically the need to install suitable onsite emergency and relief accommodation and to update the seawater supply

levels for consistency with the EPA license, MOD 4 does not deviate from the purpose of the Consent and is therefore consistent

with TLEP2014.

6.2 Environmental Planning and Assessment Act 1979 (“EPAA”)

The modifications the subject of MOD 4 are sought in accordance with section 4.55(2) of the EPAA.

Section 4.55(2) of the EPAA, states:-

(2) Other modifications A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 4.8) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the

notification or advertising of applications for modification of a development consent, and (d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or

provided by the development control plan, as the case may be.

Subsections (1) and (1A) do not apply to such a modification.

This application has been made in accordance with the above provisions.

6.3 Environmental Planning and Assessment Regulations 2000

The MOD 4 modifications remain consistent with the requirements of the Environmental Planning and Assessment Regulations 2000 as they apply to the Development. The Development will be carried out as previously approved.

6.4 Environmental Protection Licences

Both Australian Bay Lobster Producers (EPA License No. 12947) and the Kingscliff STP (EPA License No. 12684) hold

Environmental Protection Agency licenses for wastewater discharge. As noted in Stage 1a of the Consent, ABLP’s wastewater is

discharged to the Kingscliff STP where it joins the wastewater of the Kingscliff STP before being discharged at the nominated

Tweed River location.

The proposed modification will not require any variation to the existing Environment Protection Agency licences for wastewater

discharge or other monitoring for ground water or noise. However, MOD 4 does seek to update the existing conditions concerning

the fresh seawater collected from the Tugun Desalination Plant and the Tweed River to the site to align the Consent with ABLP’s

EPA licences. This will require the amendment to the definitions for Stage 1a and Stage 1b, Schedule 1 of the Consent as outlined

in this application.

6.5 Waste Management

Anticipated Volumes of Waste Streams

Subject to approval, the filling of the site will involve sourcing, treating and depositing PASS, VENM and ENM. However, approval to

use PASS to fill the site is sought on a temporary basis only, as it will be limited to a maximum of 500,000m3 or 25% of the fill

required to raise the site over a four year period. The remainder of the fill will be made up of VENM (estimated 300,000m3 being

15%) and ENM (estimated 1,200,000m3 being 60%).

The maximum daily, weekly and annual material anticipated for the filling of the site is identified in Table 2 below.

Table 2: Anticipated Filling Schedule Volumes Material Source Maximum Daily Expected Weekly Expected Annually

Potentially Acid Sulphate Soils

(Periodically subject to availability.) 481m3

2,403m3

125,000m3

Excavated Natural Material 1,153m3 5,769m3 300,000m3

Virgin Excavated Natural Material 288m3 1,442m3 75,000m3

Sources of Waste Streams and Process Handling

The waste streams will be sourced locally from the southern Gold Coast and northern NSW regions, with a particular focus on the

Tweed Coast region depending on the availability and usability of materials. As the location of the ABLP site is adjacent to a major

transport route (M1 Pacific Motorway) and as the surrounding land is zoned 1(b) Agricultural Protection pursuant to TLEP2000, the site is well positioned to take advantage of the opportunity to utilise local PASS, particularly given that ABLP will be equipped

to treat and stabilise the material on site free of adverse environmental impacts on adjoining neighbours.

All processes involved with the excavation, transport, handling, storage, treatment and stabilisation of PASS will be consistent with

NSW EPA Waste Classification Guidelines. Immediately after excavation, PASS will be kept wet at all times during the subsequent

handling, transport and storage of the material, up until it can be disposed of safely. After excavation all PASS will be transported

to the site within 16 hours of being excavated which will minimise its transport through the region where it will be deposited into

a PASS treatment pad for handling at the ABLP site. ABLP does not intend to stockpile PASS before treatment, however should

this occur (in exceptional circumstances) the soils are to be stored in an environment that ensures minimal to no environmental

impacts from the acid leachate produced. As part this process consideration will be given to the setbacks to adjoining neighbouring

properties and environmental other features such as topography. Moreover, the following safety measures will be incorporated as

part of protocol for PASS that is stockpiled on site before treatment, which are consistent with ASSMAC’s Acid Sulphate Soil Manual

(1998):

• incorporating an impervious pad on which to place PASS;

• implement an artificial form of capping the PASS if storage is for longer than a few weeks to minimise the surface area

exposed to oxidation;

• construct diversion banks upslope to prevent run-on water; and

• consider sediment control structures to ensure sulfidic material is not eroded.

Treatment of PASS is to occur on site via a treatment pad, leachate drain and leachate dam (see Appendix E - Acid Sulphate Soil

Management Plan). Once the PASS material has been placed in the treatment areas it will be allowed to drain (with leachate directed

into the leachate collection pond) and then dosed with a neutralizing agent (e.g. aglime). This treatment process involves adding

enough lime (calcium carbonate) to balance the final pH of the post oxidised soil to approximately 5.5pH and in accordance with

ASSMAC’s Acid Sulphate Soil Manual (1998). A key parameter is the liming rate or the rate at which the lime needs to be applied

to neutralise potential net acidity. Calculating the quantity of lime in addition to the application methods to be applied wi ll be

detailed prior to PASS works commencing and will be consistent with ASSMAC’s Acid Sulphate Soil Manual (1998) section 6.1.

Following treatment the PASS will be sampled and tested in accordance with Step 5 in Part 1 of the Waste Classification Guideline

(2014)to determine whether any other contaminants are present in the material. As part of this testing, quality control measures

will be implemented in accordance with EPA Waste Classification Guidelines (2014) and the ASSMAC’s Acid Sulphate Soil Manual

(1998), inclusive of recording the time of the soil excavation, quantity of soil treated, the pH of the soil and the EPA

superintendent’s quality review and comments. Any excess or unwanted PASS will be disposed of at an EPA licensed waste facility

under the direction of the EPA superintendent. The disposal will be carried out in accordance with the EPA’s Waste Classification

Guidelines (2014) and will be undertaken within 8 hours of receiving the PASS, having been stored wet at all times up until burial

at least two (2) metres below the lowest historical level of the water table. Additionally, documentation will be provided to landfill

of each truckload of potential ASS received, detailing that the soil’s excavation, transport and handling have been in accordance

with the ASSMAC’s Acid Sulphate Soil Manual (1998). Furthermore, the treated PASS will be tested to ensure the material is

sufficiently neutralised before it is incorporated into the fill as part of the fill and raise flood mitigation strategy and in compliance

with condition 4.39 of the Consent.

As the treated PASS will not be removed from the site following neutralisation and is intended for use in the construction of the

ABLP site, the receipt and treatment of PASS is not a separate or new use of the ABLP site, but is an ancillary process to facilitate

the Consent. The proposed use of PASS as part of the fill and raise flood mitigation strategy is consistent with the aims, objectives and guidance

in the NSW Waste Avoidance and Resource Recovery Strategy 2014-2021 (“WARRR”). Specifically, the objective of the WARRR is

to reduce the environmental impact of waste by utilizing resources more efficiently, in part by recycling materials through the

productive economy to help create jobs and grow the NSW economy base. ABLP intends to support the WARRR by recycling PASS

for use in its fill operations with negligible risks posed to the environment or neighbouring community. The inclusion of PASS in

the site fill is also a more commercially viable option to achieve a flood free site and generates numerous employment opportunities

within community, which in turn stimulates the local economy.

6.6 Water Considerations

The water considerations covered in the Consent concern three (3) broad categories; stormwater management, the protection of

natural water resources surrounding the site and water involved with the cultivation of bay lobster (i.e. seawater and wastewater

quality). The flooding impacts and sediment, and erosion controls associated MOD 4 are discussed separately in the sections

below.

Stormwater Stormwater management encompasses two main components, namely, the collection of rainwater runoff from the roofs of the

structures at the ABLP site and the implementation of a flood mitigation strategy to protect the ABLP site from a 100-year ARI flood

event. MOD 4 does not propose to alter, in any way, the impervious area at the ABLP site, the total catchment area for the

Development, nor any existing external stormwater assets that are assessed and approved under the Consent. Additionally the

proposed modification will not have any impact on flood liability. Please refer to section 8.1 below for further information on this

point.

Surrounding Natural Water Resources

The protection of natural water resources, including categorised water streams, courses or bodies surrounding the site, will not be

affected by the proposed modification. MOD 4 relates to the inclusion of additional fill materials for use in the flood mitigation strategies

implemented at the site and as such it will not alter the discharge levels of untreated water over and beyond that already approved

in the Consent. Therefore the modification will not in any way diminish the quality of water in the surrounding water streams,

courses or bodies.

Production Water Water considerations relating to the cultivation of bay lobster concern seawater intake quality, seawater treatment, seawater

storage/economy and the outflow wastewater quality that is to be conveyed back to the Kingscliff STP. MOD 4 does not propose to

alter any conveyance of water through pipelines, the greenhouse structures themselves or the treatment of water within the

structures or operational arrangements of the Development. As a result the proposed modification will not alter the quality of

wastewater associated with the cultivation of bay lobsters over and beyond what is provided for in the Consent.

6.7 Flood Impacts

Perhaps the most significant issue associated with the Development is the effects of flooding on the operational activities at the

site and the corresponding impacts of ABLP’s flood mitigation measures on the local floodplain. As present, the Consent incorporates

the use of a combination of borrow pit construction (to source bunding soil) and bunding to raise the perimeter of the ABLP site to

a height of 4.0 metres AHD to protect against a 100-year ARI flood event.

MOD 4 does not seek to change the requirement to protect the ABLP site from a 100-year ARI flood event, instead it is aimed at

incorporating an additional flood protection method, specifically the conventional filling of the site to raise it to 4.0 metres AHD. As

part of this method ABLP seeks to modify condition 4.39 of the Consent to allow the importation of VENM, ENM and PASS to the

site for use in the fill and raise operations. To confirm, the fill and raise method is in line with the currently approved bunding

method and as such it will only be conducted within the ABLP site (the 45 hectares on which Farms 1 to 3 will be located on Lot

1 DP1192506) and not beyond this area. Therefore from a flood perspective, the loss of floodplain storage and obstruction to

flood flow remains unchanged. Further, as this application maintains the spatial extent of earthworks for the approved fill being

undertaken for stages 1-3, a revised flood impact assessment is not required and would be redundant.

6.8 Erosion and Sediment Control Considerations

As MOD 4 relates to the type of fill material permitted for use in the fill of the ABLP site, including the importation and treatment

of VENM, ENM and PASS, the modification will not have any implications to erosion and siltation at the site over and above those

considered and approved under the Consent.

In keeping with the Consent, the construction works relating to the fill and raise of the ABLP site will continue in accordance with

the best practice measures for the prevention of erosion and degradation of sediment. As part adhering to these best practices the

following sediment and erosion mitigation measures will be undertaken:

• where necessary, runoff will be directed to sediment fences, hay bales and/ or gully grate control devices to capture mobilised sediment;

• where necessary sediment traps will be installed along overland flow paths within disturbed areas;

• stockpiles will be sited away from drainage lines;

• vegetation clearing and site disturbance will be minimised;

• fuels and chemicals will be stored away from drainage lines and within bunded areas, and

• following completion of the works, the site will be cleared of all debris, spoil and foreign matter.

The conditions of the Consent concerning the the implementation of an Erosion and Sedimentation Control Management Plan as

part of the Construction Environmental Management Plan (CEMP), inclusive of conditions 4.5-4.8, and specifically 8.3, are to be

retained. Accordingly, by executing the measures referenced above in combination with the existing sediment and erosion controls

in the Consent, there will be no additional erosion and siltation implications over and above those considered and approved under

the Consent.

6.9 Soil Considerations

Soil testing for PASS was carried out at the ABLP site by Douglas Partners in 2004 and indicated Acid Sulphate Soils are present

at the site. The tests indicated a variation in net acidity from <0.02% to 0.27% Sulphur and accordingly it was recommended that

an Acid Sulphate Soil Management Plan be required for works that would result in the disturbance of soils on the site.

In connection with this, it was originally proposed to excavate soils from within the ABLP site, by way of a borrow pit, for use in the

fill works. MOD 4 seeks to amend the Consent in this regard to reflect the terms of the current arrangement to fill and raise the

site, and to amend condition 4.39 to permit the importation and use of VENM, ENM and PASS to fill the site.

In particular, ABLP acknowledges the concerns with using PASS as part of the site fill due to the environmental and human safety

considerations associated with the material. Notwithstanding, ABLP guarantees that all PASS introduced to the ABLP site will be

treated on-site in a designated location using an EPA approved treatment pad, leachate drain and retention dam(refer to Appendix

E - Acid Sulphate Soil Management Plan). Once the PASS material has been placed on the treatment pad it will be allowed to drain

(with leachate directed into the leachate collection pond) and then dosed with a neutralizing agent (e.g. aglime). This treatment

process involves adding fine ag-lime with a neutralizing value (NV) of at least 95% (calcium carbonate) to balance the final pH of

the post oxidised soil to approximately 5.5pH in accordance with ASSMAC’s Acid Sulphate Soil Manual (1998). The application

rate for applying the neutralizing agent (liming rate) to the soil will depend on the agent used, however, the calculation of the

quantity of lime in addition to the application methods to be applied will be detailed prior to commencing any works involving the use

of PASS material and will be consistent with ASSMAC’s Acid Sulphate Soil Manual (1998) section 6.1.

All leachate generated during the treatment operations will be directed to collection ponds and properly treated to achieve the target

levels detailed in in table 3 below.

Table 3: Proposed Monitoring Frequencies and Target Levels Material Test Frequency Target Level

Leachate Water

Ponded leachate water (from ASS

treatment)

pH Field measurement: -immediately following rain

events and non-work periods

pH 6.5-8.5

Leachate for disposal into collection pond pH Field measurement:

-immediately prior to disposal

-checks during discharge period

pH 6.5-8.5

Treated Potential Acid Sulphate Soils

Soil during treatment/ prior to reuse Visual assessment Prior to reuse/ backfilling of

the pit

-no effervescence

-no release of sulphurous odour

Field pH Field or laboratory

measurement:

-during treatment

-if required laboratory testing

of SPOCAS will be undertaken

pH >6.5 ASMAC (1998)

Oxidised pH Field or laboratory measurement: -during treatment

-if required laboratory testing of SPOCAS will be undertaken

pH >6.5 ASMAC (1998)

Following ag-lime treatment, the soil will be sampled and tested in accordance with Step 5 in Part 1 of the Waste Classification

Guideline (see Appendix ??). Samples will be collected at a rate of one (1) sample per 25 m and tested (pHF – pHFOX) by a

suitably qualified environmental consultant experienced in the management and monitoring of acid sulphate soils, before being

used in the fill operations at the ABLP site or transported for offsite disposal. The rate of sample per m³ may increase if it is shown

that the liming rate is successfully neutralising the PASS. All personnel are responsible for reporting all incidents to their supervisor

and project environment team. A short term and long-term controls or remediation plan will be prepared and, if required, implemented

immediately by an environmental consultant to control the adverse impacts of acid sulphate soils.

In addition to the above, visual inspections of work areas will be undertaken by a qualified and experienced person to identify signs

of PASS or oxidation. Such inspections will include checking for the following:

• unexpected scalding, degradation or death of vegetation;

• unexplained death or disease in aquatic organisms;

• formation of the material jarosite or other acidic salts in exposed or excavated soils;

• areas of green-blue water or unnaturally clear water indicating high concentration of aluminium and/or low pH;

• rust coloured deposits on plants and on the banks of water bodies and watercourses indicating iron precipitates;

• black to very coloured waters indicating de-oxygenation; and

• any sulphurous smells.

Quality control measures will be implemented in accordance with EPA’s Waste Classification Guidelines (2014) and the ASSMAC’s

Acid Sulphate Soil Manual (1998), inclusive of recording the time of the soil excavation, quantity of soil treated, the pH of the soil

and the EPA superintendent’s quality review and comments.

Based on the advice of external consultants, ABLP understands that the monitoring, testing and control protocols referenced above,

are sufficient for the safe use of PASS in the filling of the ABLP site. It is ABLP’s primary concern to ensure the material will not

cause environmental harm to the drainage lines, watercourses, and riparian lands on nearby properties.

6.10 Traffic and Access

MOD 4 will not increase the quantity of fill required to fill the ABLP site and does not propose a new land use. Therefore the existing

conditions of the Consent pertaining to truck and traffic movement will remain unchanged and as such a traffic impact assessment

is not considered necessary for this modification.

A detailed traffic impact assessment was previously carried out by Traffic Planning Services to assess the traffic impacts associated

with ABLP’s proposed aquaculture development. The report investigated the contemporary traffic conditions at the Pacific Highway/

Tweed Valley Way interchange and estimated the future traffic conditions in the area. This was assessed in contrast with the traffic generated by

the proposed development and the impacts of increased volumes of traffic on the Melaleuca Station access intersection at Tweed

Valley Way and the access road junction encompassing the on and off-ramps at the eastern side of the interchange.

The report found:

• traffic generated by the proposal would have minimal impact on the adjacent road network;

• the Tweed Valley Way/ Melaleuca Station access intersection would cater for the traffic generated by the development in the absence of any upgrades to the intersection layout; and

• the southbound on and off-ramp loop intersection with the local road on the eastern side of the interchange would need

to be upgraded to provide a separate left turn deceleration land and taper approximately 100m in length (with left turn

island) to cater for development traffic..

In order to account for the increased traffic from the development, conditions 4.26-4.38 of the Consent detailed traffic and transport

requirements prior to commencement of Stage 1 works. All such conditions have been addressed by widening and sealing Lot 51

DP1056966 (Melaleuca Road), completing the deed of agreement with RMS and preparing a revised Traffic Management Plan

(dated February 2009) nominating the following access points for the development:

• a variable message sign to be installed at a location agreed to by the RMS to advise southbound motorists that trucks will be turning into Melaleuca Road;

• heavy vehicles travelling north from the site will need to first travel west on Tweed Valley Way to the intersection of Cudgen Road and Tweed Valley Way. Utilising the existing RMS stockpiles on the eastern side of Cudgen Road, trucks will perform a right hand turn out of Cudgen Road and travel east to merge onto Pacific Highway; and

• under no circumstances are trucks leaving the ABLP site to use the existing U-turn facility opposite Melaleuca Station or to use any cross-overs located on any route that is reserved from RMS or emergency vehicles.

All the above traffic management arrangements have been completed in coordination with DOP, RMS and the Tweed Shire Council.

MOD 4 will adhere to the traffic management arrangements above in addition to conditions 4.26-4.38 of the Consent upon carrying

out the filling for future stages. A further traffic assessment was carried out recently by Rytenskild Traffic. This report recommended

that the existing arrangements (subject to minor works) were sufficient for the importation of fill to the site. Refer to Appendix ??

for a copy of the report.

6.11 Noise and Vibration

Richard Heggie Associates Pty Ltd (“RHA Pty Ltd”) were commissioned as part of the original Consent to assess operational and

construction noise emissions from the proposed development on the nearby residential receivers. The assessment was conducted

in general accordance with the guidelines presented by the EPA’s Industrial Noise Policy and Environmental Noise Control Manual.

In summary, RHA Pty Ltd found that the level of noise emission from the ABLP site did not require specific noise control measures

to offset the operational noise generated by the facility. Further, ABLP was not required to implement specific controls during the

construction of Stages 1, 2 or 3 of the Development. Both advices maintain relevance to MOD 4 in relation to fill material

transported to the ABLP site for Stages 2 and 3.

MOD 4 will require all PASS introduced to the ABLP site to be treated on-site using an EPA approved treatment pad, leachate drain

and retention dam(refer to Appendix E - Acid Sulphate Soil Management Plan). The PASS treatment works will be undertaken on

site in accordance with the EPA’s Environmental Noise Control Manual and will not give rise to an ‘offensive noise’ as defined under

the Protection of the Environment Operations Act 1997 and accompanying Regulations. All measures will be put in place to

minimise noise emissions from plant and equipment operated on the site in connection with the Development by installing and

maintaining, wherever practicable, efficient silencers and low-noise mufflers (residential standard), and by replacing the reversing

alarms on vehicles with silent hazard warning alternatives (flashing lights). Otherwise the future operational activities of the

proposed development remain consistent with the Consent and as such conditions 4.51, 4.53, 4.55 and 4.56 of the Consent

remain relevant and applicable to the Development moving forward.

6.12 Air Quality & Dust

The ABLP site is located at 9484 Tweed Valley Way, Cudgen on the eastern side of the M1 Pacific Motorway. The surrounding

land is primarily designated for rural use, with the exception of a number of other non-rural commercial operations located on

neighbouring land, including Melaleuca Station Crematorium, Caltex Chinderah, Kingscliff STP and a sand mining operation

located on the neighbouring property to the east of the site. While no site- specific air quality data is available, the existing air

quality in the vicinity of the site is expected to be good given the largely rural nature of surrounding land use and the lack of other

nearby significant industrial activities.

Per the Consent, the ABLP site is to be protected from a 100-year ARI flood event. This has been completed for Stage 1 of the

site, however the remaining area allocated for the Stages 2 and 3 remains at approximately 1.0m AHD, forming part of the broader

Tweed River flood plain. The volume of fill material and its transport to the ABLP site for Stages 2 and 3 will remain unchanged,

under MOD 4, however the material itself and the treatment of selected material (PASS) forms part of the proposed modification.

Notwithstanding, as the nature of the works filling works for Stages 2 and 3 will remain unchanged from the Stage 1 filling works,

the former air quality management techniques can be applied, including:

• sealing of the bund wall and fill material after stabilisation;

• the short-term dust management, in particular dust created by sealing operations, via scheduled water spraying activities;

• long term dust management by establishing new vegetation growth to cover on bare areas;

• all trafficable areas and vehicles manoeuvring on the site must be maintained in a condition that will minimise the generation or emission of wind blown or traffic generated dust from the site at all times.

Management techniques to minimise and prevent airborne pollutants (such as dust) will be applied across the transportation,

onsite storage and filling operations involving the material, including:

• all fill materials will be either treated or used in the fill operations upon delivery to the ALBP site. As such there will be no stockpiling of VENM, ENM or PASS in order to reduce airborne dust; and

• PASS will be kept wet at all times during excavation and subsequent handling, transport and storage, until the material is treated or disposed of safely.

At the completion of the Development all outdoor spaces will be landscaped with native vegetation or pavement inserted to protect

ground soil from wind or erosion and to prevent airborne dust deteriorating air quality. Internally, all areas of the facility are paved

or gravel lined to preserve air quality and avoid erosion.

6.12 Odour

Animal Feed The ABLP Development is regarded as an intensive animal husbandry facility due to the large biomass of animals. The potential for

odours in connection with the ABLP operations arise from leftover feed that is not consumed by the animals, disposal of waste

associated from food processing and food preparation. To note, as the animals are aquatic their food remains submerged

underwater and does not create odours until it is removed from the water.

Fill Material MOD 4 includes the importation of VENM, ENM and PASS to the site for use in the fill operations. PASS are soils that contain iron

sulphides or sulfidic materials that have not been exposed to air and thus are not oxidised. The main characteristics of PASS are

its silty texture, black or grey coloration and marsh like odour, comparable to a mangrove mud. Once treated the odour dissipates

which is in part the reason that ABLP intends to avoid stockpiling of PASS onsite in favour of immediate treatment upon delivery. This will

negate the odour emissions from any PASS that is delivered onsite.

The Protection of the Environment Operations Act 1997 (POEOA 1997) defines an offensive odour as follows:

(a) That, by reason of its strength, nature, duration, character or quality, or the time at which it is emitted, or any other circumstance:

i. is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or ii. interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person

who is outside the premises from which it is emitted, or (b) That is of a strength, nature, duration, character or quality prescribed by the regulations or that is emitted at a time, or in other circumstances, prescribed by the regulations.

Consistent with Assessment and Management of Odour from Stationary Sources in NSW 2006, the character of a particular odour

can only be judged by the receiver’s reaction to it, and preferably only compared to another odour under similar social and regional

conditions. The level at which an odour is perceived to be of nuisance can range from 2 OU to 10 OU for less offensive odours .

Experience gained through odour assessment from proposed and existing facilities in NSW indicates that an odour performance

criterion of 7 OU is likely to represent the level below which ‘offensive’ odours should not occur (for an individual with a ‘standard

sensitivity’ (2) to odours). Therefore, the policy recommends that, as a design criterion, no individual is to be exposed to ambient

odour levels of greater than 7 OU.

The nearest residence to the ABLP facility is located approximately 500m away (Melaleuca Station (owners’ residence) to the

east, with the next closest house over a kilometre away. For dispersion modelling purposes, the odour performance criteria are

applied at the nearest existing off-site sensitive receptor. For a single residence the odour performance criteria remain at 7OU as

previously approved and with a major transport route intersecting.

If permitted, upon arrival at the ABLP site PASS will be treated immediately in order to limit their exposure to the local environment.

The treatment process will remove the odour associated with PASS before it is deposited in the general fill works and compacted,

eliminating any odour whatsoever. Therefore potential harm or interference to a person from the odour emitted by PASS will be

eliminated at the ABLP site due to the treatment protocol in force. The management and minimisation of odour generation at the

site per condition 4.47 of the Consent is to be considered in preparing the protocol for the importation and treatment of PASS at

the ABLP site. Considering this, MOD 4 does not limit ABLP’s ability to comply with conditions 4.44- 4.47 of the Consent.

6.13 Visual Quality

As MOD 4 predominantly relates to the type of soil material imported to the ABLP site, the visual amenity of the site will not be

diminished in any way over and above that already assessed and approved. The production buildings are to remain at the height of

5800mm and the processing building is also to remain at 11000mm from ground level, (considering the site is raised to 4.0m

AHD) consistent with flood protection measures.

From the south, small sections of the ABLP site can be viewed from balconies of selected properties located on the Cudgen Plateau,

otherwise the majority of houses on the plateau are unable to view the site due to a land spur located to the west of Cudgen. A

small number of rural properties on the northern side of Cudgen Road have clear views of the site, however, the closest residence

is approximately 1.7 kilometres away. Other nearby residences are located approximately 500m to the west of the site (Melaleuca

Station and 9480 Tweed Valley Way, Chinderah) although are at or below the proposed level of the ABLP facility.

In order to minimise the visual impacts from the construction and operational activities associated with the development, the measures

approved in the current Consent will be retained for Stages 2 and 3. These include but are not limited to:

• The ABLP facility is partially screened from vehicles travelling on the new Pacific Highway by an existing stand of trees on the western boundary of the site and this stand has been increased in density by new plantings;

• A 10m landscaping vegetation buffer surrounding the perimeter of Stage 1 has been constructed and will continue

around the stages 2 and 3 as they are constructed. The buffer is to aid in reducing the visual bulk of the development and is sufficient in width to visually buffer the project from the Pacific Highway and surrounding properties.

• The ABLP site has been designed and constructed to be sympathetic with the local landscape.

• The future fill and raise of the site will be in accordance with the approved height in the Consent which will partly obscure the project.

• External lighting associated with the development is to be screened and directed in such a manner so as not to cause a nuisance to surrounding properties and roadway. The lighting proposed for the development is a minimum level of illumination necessary and is to comply with AS 4282(INT) 1995 – Control of Obtrusive Effects of Outdoor Lighting.

MOD 4 will not to diminish the visual amenity of the ABLP site in anyway over and above what is currently approved. To ensure

this, a number of visual reduction initiatives have been retained to minimise the visual impacts for the Development. Such initiatives

include vegetation buffers, spatial separation from residential uses in the surrounding area, the selection of congruent cladding

material with the surrounding natural environment and the screening of external lighting.

6.14 Consultation

The Tweed Shire Council, Environment Protection Authority, the Office of Environment and Heritage and Roads and Maritime

Services had all been consulted at the time of preparing this report. See Appendix C - Authority Consultation.

ABLP has endeavoured to satisfy those items requested by external authorities, however some of those items that do not relate to

MOD 4 have not been provided. As continuously mentioned throughout this report, MOD 4 is predominantly focused with obtaining

consent to allow the importation of additional fill materials to the ABLP site. This permission has a nexus to the approved Consent

(flood mitigation measures) and as such the modification is not proposing a new land use. Therefore all environmental impacts of

the MOD 4 have been assessed by way of the previous modifications and the Consent. ABLP confirms that the safety and protective

measures recommended by third party consultants or otherwise, will be maintained and strictly adhered to in the undertake the

further works associated with Stages 2 and 3 of the Development.

7.0 Condition Amendments

The following conditions of the Consent require amendment as a result of this modification request. The modified conditions are

to act as suggested wording pending the Department’s review. For ease of reference the modified conditions cite the existing

wording in the current Consent with amendments evidenced by underlined text (for additions) or struck out text (deletion). Any

new conditions proposed to address by MOD 4 are provided as new conditions and cited in the relevant sections of the approval.

Condition

Number Title

Potential Change Justification

- Schedule 1 – Land

description

Update Update to reflect property amalgamations/boundary

adjustments and to reflect the intent of modifications

outlined earlier in this report.

- Definitions Update Update definitions for ‘Stage 1a works’ and ‘Stage 1b

works’ to reference updated supply/source of seawater

and to reflect the intent of modifications outlined earlier

in this report.

1.1 Application documentation Update Update to reference MOD 4 documentation and any

subsequent response to submissions.

1.2 Inconsistency between

application documentation

and development consent

Update Update to reference changes to Condition 1.1.

1.3

Amend species restrictions

Update

Update to allow for the commercial cultivation of other

aquatic species, subject to the approval of the

Department of Primary Industries and the Planning

Secretary.

4.1a Temporary wastewater

disposal for Stage 1a

Removal Remove any reference to temporary wastewater

discharge at Chinderah or any other location as all

wastewater discharge is now to the Kingscliff STP

under the control of Tweed Shire Council.

4.1b

Temporary seawater supply

Update

Update to reflect potential changes to the

development’s staging and to accommodate delays

experienced during detailed design of the seawater

pipeline. This will include the use of a fail-safe seawater

supply option at Jack Evans Boatharbour over Council

land.

4.3

Effluent discharge limits

Removal

Propose to remove this condition so as to rely on the

effluent limits referenced in Condition L2.4 of the

development’s Environment Protection Licence (EPL).

4.4 Daily volume of effluent

discharge

Update Propose to update the conditions to more accurately

align with the discharge volumes referenced in the EPL.

4.10 Stormwater infrastructure Update Propose to update conditions to remove any reference

to a borrow pit as it was never constructed.

4.13 Flood impacts – Bund wall Removal Propose to update conditions to remove any reference

to a bunding so as to reflect the proposed filling of the

land.

4.15 Flood impacts – Floodgates Removal Remove and or amend conditions where references are

made to floodgates as they are not necessary in the

circumstance where filling is proposed.

4.16

Perimeter bund wall -

Landscaping

Update

Propose to amend the conditions to more accurately

align with ongoing filling of the site and the

construction of the northern landscaping mound,

particularly in the context of the previously proposed

perimeter bund wall.

4.28

to

4.37

Carparking and traffic

management

Update

Potential updates to reflect current operations, remove

conditions which are no longer relevant, and reflect

parking arrangements as the site gradually expands.

8.0 Conclusion

MOD 4 will not alter the approved use of the land or deviate from the approved construction or operational activities referenced in

the Consent. As such there will be no additional environmental or public risk to the local environment or neighbouring communities,

above and beyond that considered in the Consent. Rather, the proposal seeks to address the evolving administrative and

management requirements of the company and is designed to update the Consent in line with the ongoing operational requirements

of the facility (as approved). The proposed modification will enable Australia Bay Lobster Producers to continue to develop the site

and facility in a commercially viable manner for the benefit of its employees and the local community, with minimal impact to the

social or environmental surroundings in the area. Accordingly, MOD 4 outlined herein is considered to be of minimal environmental

impact.

Having regard to the information presented, the proposed modification is considered to warrant the Departments support. The

Department of Planning and Infrastructure’s support for the proposed modification to DA-282-11-2004-i is respectfully requested.

Should the Department have any questions regarding the modification please do not hesitate to contact the undersigned.

Regards,

Adam Smith

Director

Appendices

APPENDIX A

RECENT AERIAL PLAN

APPENDIX B

EXISTING CONSENT CONDITIONS

APPENDIX C

TWEED SHIRE COUNCIL TEMPORARY SEAWATER EXTRACTION

CORRESPONDENCE & OTHER AUTHORITY CONSULTATION

APPENDIX D

EMERGENCY RELOCATABLE STAFF ACCOMODATION PLANS

APPENDIX E

ACID SULFATE SOIL ASSESSMENTS AND TREATMENT PLAN

APPENDIX F

TRAFFIC IMPACT ASSESSMENT

APPENDIX G

CONCEPT DEVELOPMENT PLAN

APPENDIX H

PIPELINE ROUTE AMENDMENT

ssd modification application to da 282-11-2004-i mod 4

Documents