Whitehaven Coal : VIC-EPBC Compliance Report 2024

Condition

Condition

Compliance

Evidence

Number

Part A - Conditions specific to the action

Water Resources

1.

For the protection of water resources, the approval holder must comply with State

Yes

Compliance maintained with relevant conditions

development consent conditions B39 to B54 and B101 to B106.

of NSW State Significant Development Approval

SSD-7480.

2.

The approval holder must ensure that there is no adverse effect on the function of

Yes

No adverse effect on the function of a water

a water resource as a result of the action.

resource as a result of Vickery Coal Mine.

3.

The approval holder must notify the Department in writing, within 2 business days,

Not Yet

No application to modify SSD-7480 conditions

if an application to modify State development consent conditions B39-B54 and

Applicable

B39-B54 and B101-B106 has been made.

B101-B106 is made.

4.

The approval holder must notify the Department in writing, within 10 business

Not Yet

Conditions B39-B54 and B101-B106 of SSD7480

days, where State development consent conditions B39-B54 and B101-B106 have

Applicable

have not been modified.

been modified.

5.

The approval holder must include the following information in the Water

Management Plan required by State development consent condition B53:

a.

management and mitigation strategies to minimise potential impacts to the EPBC

Yes

Information contained in Section 4.1 of Water

Act listed Murray Cod (Maccullochella peelii).

Management Plan (Rev1.2, August 2023).

b.

details of any chemical dust suppressants used. These details must include the

Yes

Information contained in section 4.6.4 of Water

chemicals proposed for use, typical application rates, and an assessment of the

Management Plan.

likelihood that the chemicals will enter the environment (e.g., soil, groundwater

or surface water) and the potential persistence and toxicity to protected matters

of these chemicals or their breakdown products. Furthermore, if data on chronic

toxicity to aquatic organisms is not available in respect of any chemical proposed

for use, the approval holder must include the results of direct toxicity

assessments undertaken in accordance with the Australian and New Zealand

guidelines for fresh and marine water quality, 2018 or any subsequent revision.

Page 1

Condition

Condition

Compliance

Evidence

Number

6.

The approval holder must provide the Department with the final version of the

Yes

Water Management Plan (Rev 1.2

Water Management Plan required by condition B53 of the State development

https://whitehavencoal.com.au/Documentations/

consent within 10 business days of its approval by the NSW Planning Secretary.

Vickery%20Extension%20Project/Environmental%

20Management,%20Monitoring%20&%20Compli

ance/Environmental%20Management%20Plans,%

20Strategies%20and%20Programs/VIC-

Water%20Management%20Plan.pdf) approved by

former NSW Department of Planning and

Environment on 22nd August 2023 and submitted

to the Commonwealth Department of Climate

Change, the Environment, Energy and Water

(DCCEEW) on the 23rd August 2023. Receipt

acknowledged by return email from Compliance

and Enforcement Branch 24th August 2023.

7.

The approval holder must notify the Department within 2 business days of any

Not Yet

No changes have been proposed to the final

proposed changes to the final version of the Water Management Plan. If the NSW

Applicable

version of the Water Management Plan.

Planning Secretary approves a revised version of the Water Management Plan, the

approval holder must provide the Department with the approved revised Water

Management Plan within 10 business days of its approval by the NSW Planning

Secretary.

8.

In addition to the Groundwater Management Plan monitoring requirements

specified in condition B53 of the State development consent, the approval holder

must:

a.

Establish and maintain a network of groundwater monitoring bores designed to

Yes

Network of groundwater monitoring bores

detect changes in groundwater levels and include bores that are co-located or

established prior to mining operations

paired with surface water monitoring sites to allow monitoring and analysis of

commencing on 26 October 2023 as described in

groundwater-surface water interactions. These monitoring bores must be

the Water Management Plan.

installed prior to the commencement of mining operations.

Condition

Condition

Compliance

Evidence

Number

b.

Monitor groundwater levels in each bore (required under condition 8.a) at least

Yes

Groundwater monitoring commenced in October

once every 3 months, starting within one week of the commencement of mining

2023 within one week of mining operations

operations for the life of this approval.

commencing with the removal of overburden.

c.

Publish on the website all groundwater monitoring data from the bore network,

Yes

First quarterly report

updated at least once every 3 months to include the most recent readings

(https://whitehavencoal.com.au/wp-

available and maintain the data on the website for the life of this approval. The

content/uploads/2024/01/240112_VCM_Initial_Q

monitoring data must include hydrographs for the bore network and explain

uarterly-Groundwater-Report_Final.pdf)

what the data means in relation to the groundwater performance measures

published on the website on 16 January 2023.

specified in the State development consent.

Second quarterly report to be uploaded within 3

months.

9.

The approval holder must submit performance criteria and limits, relevant to

Yes

The proposed borefield detailed in the VEP EIS is

groundwater extraction impacts for the alluvial aquifer, for the Minister's approval.

not proposed to be constructed within the first 3

The submission of the performance criteria and limits must be accompanied by

years of mining. Baseline monitoring in the

evidence-based justification of how they were derived from the results of

vicinity of these bores occurs at GW-2 and GW-1

monitoring, consider groundwater-surface water connectivity, and are suitable to

and GW030052. The results of the baseline

demonstrate condition 2 is being achieved.

monitoring will inform the performance criteria

and limits to be developed and submitted for

approval prior to groundwater extraction

commencing.

10.

The approval holder must not commence groundwater extraction from the water

Not Yet

Borefield construction and extraction not yet

supply borefield until the performance criteria and limits have been approved by

Applicable

commenced.

the Minister in writing.

11.

If, at any time during the period for which this approval has effect, the approval

Not Yet

Groundwater extraction not yet commenced.

holder detects an exceedance of any approved limit required under condition 9 the

Applicable

approval holder must notify the Department of the exceedance within 2 business

days of detecting the exceedance

12.

If, at any time during the period for which this approval has effect, the approval

Not Yet

Groundwater extraction not yet commenced.

holder detects an exceedance of an approved limit required under condition 9, the

Applicable

Page 3

Condition

Condition

Compliance

Evidence

Number

approval holder must cease groundwater extraction from the water supply bore

field within 2 business days.

13.

If the approval holder has been required to cease groundwater extraction pursuant

to condition 12, the approval holder must:

a.

provide information including monitoring data that identifies the likely cause of

Not Yet

Groundwater extraction not yet commenced.

the exceedance of the approved limit;

Applicable

b.

consider the effect of the current condition of the water resource on the utility of

Not Yet

Groundwater extraction not yet commenced.

the water resource for associated users; and

Applicable

c.

if the likely cause is identified as a component of the action, propose measures to

Not Yet

Groundwater extraction not yet commenced.

mitigate and manage any impacts to any associated users, ensuring that the

Applicable

utility of the water resource for associated users is not effected.

14.

The approval holder must not recommence groundwater extraction until the

Not Yet

Groundwater extraction not yet commenced.

information required in condition 13 has been approved by the Minister in writing.

Applicable

The approval holder must implement the approved mitigation and management

measures.

Listed Threatened Species

15.

Within the area designated 'Approximate Extent of Vickery Extension Project (EPBC

2016-7649) footprint' at Attachment A, the approval holder must not clear more

than:

a.

75.2 hectares of Regent Honeyeater (Anthochaera phrygia) habitat,

Yes

Less than 75.2 ha of Regent Honeyeater habitat

has been cleared up until 31 December 2023.

b.

104.7 hectares of Swift Parrot (Lathamus discolor) habitat,

Yes

Less than 104.7 ha of Swift Parrot habitat has

been cleared up until 31 December 2023.

c.

80.9 hectares of Koala (Phascolarctos cinereus) (combined populations of

Yes

Less than 80.9 ha of Koala habitat has been

Queensland, New South Wales and the Australian Capital Territory) habitat.

cleared up until 31 December 2023.

Condition

Condition

Compliance

Evidence

Number

16.

The approval holder must comply with the State development consent conditions

Yes

Compliance maintained with relevant conditions

B56- B67, and B101-B106 (to the extent these conditions relate to EPBC Act listed

of NSW State Significant Development Approval

threatened species).

SSD-7480.

17.

The approval holder must notify the Department in writing, within 2 business days if

Not Yet

No application to modify SSD-7480 conditions

they apply to modify State development consent conditions B56-B67 and B101-

Applicable

B56-B67 and B101-B106 has been made.

B106.

Substituted offset areas have been proposed in

accordance with condition B56.

18.

The approval holder must notify the Department in writing, within 10 business

Not Yet

SSD-7480 conditions B56-B67 and B101-B106

days, where State development consent conditions B56- B67 and B101-B106 have

Applicable

have not been modified.

been modified.

19.

To compensate for impacts on threatened species and communities listed in

Not Yet

Retirement of Biodiversity Credits not yet

condition 15, the approval holder must comply with State development consent

Applicable

required by SSD-7480.

conditions B56 and B57 and must retire the biodiversity credits specified in table 10

and 11 of State development consent conditions B58 and B59.

20.

The approval holder must publish a credit retirement report within 10 business days

Not Yet

Retirement of Biodiversity Credits not yet

of retiring the credits on the approval holder's website.

Applicable

required by SSD-7480.

21.

The approval holder must provide the Minister with a statement, prior to the

Yes

A Report was submitted on 5 September 2022

commencement of the action validating that the approved land based offsets

prior to commencement of the action (27

specified in Table 9 of the State development consent contain at least 293.9 ha of

February 2023); that stated that the minimum

potential Regent Honeyeater (Anthochaera phrygia) habitat (the equivalent of 2087

area of potential Regent Honeyeater and Koala

species credits) and 112 ha of potential Koala (Phascolarctos cinereus) habitat (the

habitat was met by the secured Willeroi East

equivalent of 795 species credits). The statement must be endorsed by an

Offset Area/Conservation Agreement as endorsed

accredited assessor under the NSW Biodiversity Conservation Act 2016 and must be

by an accredited assessor and is published on the

published on the approval holder's website.

Whitehaven Coal website

(https://whitehavencoal.com.au/Documentations

/Vickery%20Extension%20Project/Environmental

%20Management,%20Monitoring%20&%20Comp

liance/Environmental%20Protection%20and%20B

iodiversity%20Conservation%20(EPBC)/VIC-

Page 5

Condition

Condition

Compliance

Evidence

Number

EPBC%20Condition%2021%20Statement%202022

.pdf).

Substituted offset areas have been approved in

accordance with condition B56 by NSW

Department of Planning, Housing and

Infrastructure on 14 March 2024. The Vickery

Revised Biodiversity Offset Strategy was provided

to the Minister/Commonwealth DCCEEW on 15

March 2024 to update the approved land based

offsets in accordance with this condition and total

area of Koala/Regent Honeyeater habitat

provided by the Willeroi East Offset

Area/Conservation Agreement.

Note: The equivalent credits in condition 21 were calculated in accordance with the Framework for Biodiversity Assessment of the NSW Biodiversity Offset Policy for Major Projects (OEH, 2014).

22.

If the Minister is not satisfied that the approved land based offsets specified in Table

Not Yet

No specified biodiversity credits has been

9 of the State development consent contain the habitat specified in condition 21,

Applicable

required to be retired by the Minister.

the approval holder may be required by the Minister to retire specified biodiversity

credits under the NSW Biodiversity Conservation Act 2016 within the timeframes

specified in condition B58 of the State development consent.

23.

The approval holder must notify the Department in writing of the date of

Yes

Date of commencement was notified on 10

commencement of the action within 10 business days after the date of

January 2023 to the Commonwealth DCCEEW

commencement of the action.

prior to the date of commencement on 27

February 2023.

Page 6

Condition

Condition

Compliance

Evidence

Number

24.

If the commencement of the action does not occur within 5 years from the date of

Not

Action has commenced.

this approval, then the approval holder must not commence the action without the

Applicable

prior written agreement of the Minister.

Compliance records

25.

The approval holder must maintain accurate and complete compliance records.

Yes

Compliance records are maintained accurate and

complete for all activities.

26.

If the Department makes a request in writing, the approval holder must provide

Not Yet

No request for compliance records received from

electronic copies of compliance records to the Department within the timeframe

Applicable

the Commonwealth DCCEEW.

specified in the request.

27.

The approval holder must:

a.

submit plans electronically to the Department;

Yes

Water Management Plan submitted electronically

to the Commonwealth DCCEEW on the 23rd

August 2023.

b.

unless otherwise agreed to in writing by the Minister:

i.

publish each plan on the website within 20 business days of the date the

Yes

Water Management Plan was published to the

plan is approved by the Minister or of the date a revised action

website within 20 days of the date of submission

management plan is submitted to the Minister or the Department, unless

to the Commonwealth DCCEEW.

otherwise agreed to in writing by the Minister;

ii.

publish the Water Management Plan on the website within 20 business

Yes

Water Management Plan was published to the

days of the date the plan is approved by the NSW Planning Secretary;

website on the 23rd August 2023 within 20 days of

approval by the NSW Planning Secretary.

iii.

exclude or redact sensitive ecological data from plans that are to be

Not Yet

No sensitive data required to be

published on the website or provided to a member of the public; and

Applicable

excluded/redacted.

Page 7

Condition

Condition

Compliance

Evidence

Number

iv.

keep plans published on the website until the end date of this approval.

Yes

Management Plans remain published on the

website.

Annual compliance reporting

28.

The approval holder must prepare a compliance report addressing compliance with

each of the conditions of this approval, including implementation of any

management plans and strategies required under the State development consent

conditions that are referred to in this approval, at the end of March every year, and

covering compliance for the previous calendar year or otherwise in accordance

with another annual date that has been agreed to in writing by the Minister. The

approval holder must:

a.

publish each compliance report on the website within 20 business days following

Yes

Compliance reports are published on the

the end of March each year;

Whitehaven Coal website prior to 20 business

days following the end of March each year

(https://whitehavencoal.com.au/our-

business/our-assets/vickery-extension-project/).

b.

notify the Department by email that a compliance report has been published on

Yes

Compliance reports notified to the Department by

the website and provide the weblink for the compliance report within 5 business

email that the compliance report have been

days of the date of publication;

published within 5 business days on the website.

c.

keep all compliance reports publicly available on the website until this approval

Yes

Compliance reports are publicly available on the

expires;

Whitehaven Coal website for the duration of this

approval.

d.

exclude or redact sensitive ecological data from compliance reports prior to

Yes

Compliance reports do not contain sensitive

publishing each compliance report on the website; and

ecological data.

e.

where any sensitive ecological data has been excluded from the version

Yes

Compliance reports do not contain sensitive

published, submit the full compliance report to the Department within 5

ecological data.

business days of publication.

Condition

Condition

Compliance

Evidence

Number

29.

The approval holder must notify the Department in writing of any: incident, or non-

compliance with the conditions. The notification must be given as soon as

practicable, and no later than two business days after becoming aware of the

incident or non-compliance. The notification must specify:

a.

any condition which is or may be in breach;

Not Yet

No breach of condition during the reporting

Applicable

period.

b.

a short description of the incident and/or non-compliance; and

Not Yet

No incident or non-compliance during the

Applicable

reporting period.

c.

the location (including co-ordinates), date, and time of the incident and/or

Not Yet

No incident or non-compliance during the

noncompliance. In the event the exact information cannot be provided, provide

Applicable

reporting period.

the best information available

30.

The approval holder must provide to the Department the details of any incident or

noncompliance with the conditions as soon as practicable and no later than 10

business days after becoming aware of the incident or non-compliance, specifying:

a.

any corrective action or investigation which the approval holder has already

Not Yet

No corrective action or investigation required

taken or intends to take in the immediate future;

Applicable

during the reporting period.

b.

the potential impacts of the incident or non-compliance; and

Not Yet

No corrective action or investigation required

Applicable

during the reporting period.

c.

the method and timing of any remedial action that will be undertaken by the

Not Yet

No corrective action or investigation required

approval holder.

Applicable

during the reporting period.

Independent audit

31.

The approval holder must ensure that independent audits of compliance with the

Not Yet

No audits have been requested by the Minister.

conditions are conducted as requested in writing by the Minister.

Applicable

32.

For each independent audit, the approval holder must:

a.

provide the name and qualifications of the independent auditor and the draft

Not Yet

No audits have been requested by the Minister.

audit criteria to the Department;

Applicable

Condition

Condition

Compliance

Evidence

Number

b.

only commence the independent audit once the audit criteria have been

Not Yet

No audits have been requested by the Minister.

approved in writing by the Department; and

Applicable

c.

submit an audit report to the Department within the timeframe specified in the

Not Yet

No audits have been requested by the Minister.

approved audit criteria.

Applicable

33.

The approval holder must publish the audit report on the website within 10

Not Yet

No audits have been requested by the Minister.

business days of receiving the Department's approval of the audit report and keep

Applicable

the audit report published on the website until the end date of this approval.

Completion of the action

34.

The approval holder must comply with condition A7 in Schedule 2 of the State

Yes

Mining operations will be carried out on the site

development consent.

within the approved disturbance area for a period

of 25 years from the 12th August 2020.

35.

Within 20 business days after the completion of the action, the approval holder

Not Yet

Vickery Coal Mine has not yet completed the

must notify the Department in writing and provide completion data.

Applicable

action.

Changes to State Development Consent

36.

The approval holder must notify the Department in writing of any proposed change

Not Yet

No application to modify SSD-7480 has been

to the State development consent that may relate to protected matters within 2

Applicable

made.

business days of formally proposing a change and within 5 business days of

Formal application (i.e. lodgement of MOD1) to

becoming aware of any proposed change.

change SSD-7480 that may relate to protected

matters is scheduled to occur in 2024.

37.

The approval holder must notify the Department in writing of any change to the

Not Yet

No application to modify SSD-7480 has been

State development consent conditions that may relate to protected matters, within

Applicable

made.

10 business days of a change to conditions being finalised.