Compliance Assessment Plan - Fremantle Ports

P:\FremantlePorts\816_InnerHarbourDredgeMonitoring\003_CAPandCAR\Reports\Compliance Assessment Plan\ComplianceAssessment Plan.docxFremantle Ports Inner Harbour and Channel Deepening, Reclamation atRous Head and Offshore Placement of Dredged MaterialCompliance Assessment PlanPrepared forFremantle PortsPrepared byOceanica Consulting Pty LtdFebruary 2010Report No. 816_003/1

Client: Fremantle PortsRevisions historyDISTRIBUTIONREVIEWVersion AuthorNo. Copies &RecipientsFormatDate Reviewer DateA S. Scott R. DeRoach 1 x electronic 28/01/10 R. DeRoach 28/01/10BS. ScottL. BanksM. Bailey1 x electronic 29/01/10L. BanksM. Bailey8/02/1029/01/10C S. Scott R. DeRoach 1 x electronic 11/02/10 R. DeRoach 12/02/10D S. Scott L. Banks 1 x electronic 12/02/10 L. Banks 15/02/10Rev0S. ScottOEPAL. BanksL. StuartG. ValentiR. DeRoachM. Bailey1 x electronic 15/02/10 OEPA 17/1/10Rev1Rev2Rev3S. ScottS. ScottS. ScottL. BanksL. StuartG. ValentiR. DeRoachM. BaileyOEPAL. BanksL. StuartG. ValentiR. DeRoachM. BaileyOEPAFremantlePortsOceanica1 x electronic 17/02/10L. BanksL. Stuart17/02/1019/02/101 x electronic 19/02/10 OEPA 19/02/101 x hardcopy, 1 xelectronic3 x hardcopy, 1 xelectronic2 x hardcopy24/02/10StatusThis report is “Draft” until the author and director have signed it off for final release. A “Draft” report should not beused for any purpose other than to be reviewed with the intention of generating a “Final” version.Approved for final release:AuthorDirectorDisclaimerThis report has been prepared on behalf of and for the exclusive use of Fremantle Ports, and is subject to and issuedin accordance with the agreed terms and scope between Fremantle Ports and Oceanica Consulting Pty Ltd. OceanicaConsulting Pty Ltd accepts no liability or responsibility whatsoever for it in respect of any use of or reliance upon thisreport by any third party.Copying this report without the permission of Fremantle Ports or Oceanica Consulting Pty Ltd is not permitted.CoverMain image: View of Fremantle Port from the Swan River (Marianne Nyegaard);Minor images: Light logger deployed above seagrass, Cockburn Sound (Oceanica Consulting); Posidonia sinuosawith epiphytes, offshore of Rous Head (Oceanica Consulting).The Oceanica logo is a registered trade mark of Oceanica Consulting Pty Ltd which is protected by law. You may notuse this trade mark without first obtaining the permission of Oceanica Consulting Pty Ltd.© Copyright 2010 Oceanica Consulting Pty Ltd

Contents1. Introduction ...................................................................................................................... 11.1. Background ......................................................................................................................... 11.2. Purpose and Scope ........................................................................................................... 32. Assessment and Reporting ......................................................................................... 42.1. Audit table ........................................................................................................................... 42.2. Frequency of compliance reporting ........................................................................... 92.3. Approach and timing of compliance assessments ............................................... 92.4. Retention of compliance assessments ..................................................................... 92.5. Reporting non-compliances and corrective measures ...................................... 92.6. Table of contents............................................................................................................... 92.7. Public availability of reports ........................................................................................ 93. References ....................................................................................................................... 10Oceanica: Fremantle Ports: Compliance Assessment Plani

List of TablesTable 1.1 Key elements of the Project ..................................................................... 1Table 2.1 Audit table ............................................................................................. 5Table 2.2 Approach and timing of compliance assessments ......................................... 9List of FiguresFigure 1.1 Proposed development areas and ecological protection areas. ....................... 2Appendix A Ministerial Statement 801List of AppendicesiiOceanica: Fremantle Ports: Compliance Assessment Plan

Figure 1.1Proposed development areas and ecological protection areas.2 Oceanica: Fremantle Ports: Compliance Assessment Plan

1.2. Purpose and ScopeThis compliance assessment plan is submitted in order to fulfil Ministerial Conditions 4.1 and4.2 of Ministerial Statement 801 (Appendix A) as outlined below.Ministerial Condition 4.1The proponent shall prepare and maintain a Compliance Assessment Plan to the satisfactionof the CEO.Ministerial Condition 4.2The proponent shall submit to the CEO, the Compliance Assessment Plan required byCondition 4-1 within 6 months of the date of this Statement.The Compliance Assessment Plan shall indicate:1. the frequency of compliance reporting2. the approach and timing of compliance assessments3. the retention of compliance assessments4. reporting of non-conformances and corrective actions taken5. the table of contents of compliance reports; and6. public availability of compliance reportsOceanica: Fremantle Ports: Compliance Assessment Plan 3

2. Assessment and Reporting2.1. Audit tableAn audit table has been prepared for Ministerial Statement 801. The audit table was partiallypopulated by DEC with Fremantle Ports completing the table and preparing the auditprogram, in accordance with DEC Guidelines (DEC 2009a; DEC 2009b).The audit table contains each condition, procedure or commitment separated into auditelements for auditing purposes, and includes the following attributes:• Audit code: Ministerial statement reference number• Subject: The environmental subject/issue• Action: What the proponent must do• How: The way it must be done/Performance Criteria• Evidence: Information or data collected to verify compliance, i.e. report/letter/siteinspection requirements• Satisfy: Who will give approval• Advice: Agencies whose advice must be considered as stipulated in the ministerialstatement• Phase: Project phase• When: Specific timing and/or location• Status: Notes about the fulfilment of compliance.Note that the table is only a summary of conditions in Statement 801 and that the Statementshould be referred to directly for matters requiring additional clarification or information onprocedural matters.4 Oceanica: Fremantle Ports: Compliance Assessment Plan

Table 2.1AuditCode801:M1.1801:M2.1801:M2.2Audit tableSubject Action How Evidence Satisfy Advice Phase When StatusProposalImplementationProponentNomination andContact DetailsProponentNomination andContact DetailsThe proponent shall implement the proposal asdocumented and described in schedule 1 of thisstatement subject to the conditions and procedures ofthis statementThe proponent for the time being nominated by theMinister for Environment under sections 38(6) or38(7) of the Environmental Protection Act 1986 isresponsible for the implementation of the proposalThe proponent shall notify the Chief Executive Officerof the Department of Environment and Conservation(CEO) of any change of the name and address of theproponent for the serving of notices or othercorrespondence within 30 days of such change.Project implemented as described inStatementProponent nominated to implement theproposalWritten adviceAnnual Compliance AssessmentReportProponent details as listed onMinisterial Statement 801Letter to CEO notifying of changeof contact name and addressMin forEnvMin forEnvOverall For the life of the ProposalOverall For the life of the ProposalCEO Overall Within 30 days of such change.801:M3.1 Time Limit ofAuthorisationThe authorisation to implement the proposal providedfor in this statement shall lapse and be void five yearsafter the date of this statement if the proposal towhich this statement relates is not substantiallycommencedWritten adviceCompliance Assessment Reports,written notificationMin forEnvOverall Commenced by 18 th August 2014801:M3.2 Time Limit ofAuthorisation801:M4.1801:M4.2801:M4.3801:M4.4801:M4.5801:M4.6ComplianceReportingComplianceReportingComplianceReportingComplianceReportingComplianceReportingComplianceReportingThe proponent shall provide the CEO with writtenevidence which demonstrates that the proposal hassubstantially commenced on or before the expirationof five years from the date of this statementThe Proponent shall prepare and maintain aCompliance Assessment Plan to the satisfaction of theCEOThe Proponent shall submit to the CEO, theCompliance Assessment Plan required by Condition 4.1within 6 months of the date of this StatementThe Proponent shall assess compliance with conditionsin accordance with the Compliance Assessment Planrequired by Condition 4.1The Proponent shall retain reports of all complianceassessments described in the Compliance AssessmentPlan required by Condition 4.1 and shall make thosereports available when requested by the CEOThe Proponent shall advise the CEO of any noncomplianceas soon as practicableThe Proponent shall submit to the CEO a ComplianceAssessment Report annually from the date of issue ofthis Statement addressing the previous twelve monthperiod or other period as agreed by the CEO. The dateof the first Compliance Assessment Report shall be 15months from the date of this Statement, with eachsubsequent report 12 months from the date of theprevious ReportWritten adviceLetter to CEO of OEPA outliningsubstantial commencementDEC Overall Within one month of commencementPrepare Compliance Assessment Plan Compliance Assessment Plan CEO For the life of the ProposalThe Compliance Assessment Plan shallindicate: 1. the frequency of compliancereporting; 2. the approach and timing ofcompliance assessments; 3. theretention of compliance assessments; 4.reporting of non-compliances andcorrective actions taken; 5. the table ofcontents of Compliance AssessmentReports; and 6. public availability ofcompliance reports.Follow Compliance Assessment Planwhen assessing complianceCompliance Assessment Reports will beplaced on Fremantle Ports websiteA letter describing the non-compliancewill be sent to the CEO of OEPAThe Compliance Assessment Reportshall: 1. be endorsed by the Proponent’sChief Executive Officer or a person,approved in writing by the Department ofEnvironment and Conservation,delegated to sign on the Chief ExecutiveOfficer’s behalf; 2. include a statementas to whether the Proponent hascomplied with the conditions; 3. identifyall non-compliances and describecorrective and preventative actionstaken; 4. be made publicly available inaccordance with the approvedCompliance Assessment Plan; and 5.Compliance Assessment Plan CEO DesignCompliance Assessment Reports CEO Overall AnnuallyReports on websiteLetter to CEO of OEPAAnnual Compliance AssessmentReportsCEOCEOCEOWithin 6 months of the date of thisStatement. That is by 18 February 2010Overall When requested of the CEOOverallOverallWithin 72 hours of a non-compliancebeing identified (subsequent toprocessing of data)Annually with the first report due 15months from the date of issue of thisStatement. That is on 18 November2010.Oceanica: Fremantle Ports: Compliance Assessment Plan 5

AuditCode801:M5.1801:M5.2801:M5.3801:M5.4801:M5.5801:M5.6801:M6.1Subject Action How Evidence Satisfy Advice Phase When StatusMarine Ecology– BenthicPrimaryProducerHabitatMarine Ecology– BenthicPrimaryProducerHabitatMarine Ecology– BenthicPrimaryProducerHabitatMarine Ecology– BenthicPrimaryProducerHabitatMarine Ecology– BenthicPrimaryProducerHabitatMarine Ecology– BenthicPrimaryProducerHabitatMarine WaterQuality andSedimentQualityPrior to dredging activities the proponent shall preparemaps showing the: 1. Gage Roads Benthic PrimaryProducer Habitat Management Unit; 2. location andextent of the benthic primary producer habitat types;3. boundaries of the direct disturbance area andpredicted levels of impact, including coordinates; 4.boundaries of the indirect disturbance area andpredicted levels of indirect impact, includingcoordinates; 5. the spatially defined offshore spoildisposal ground, including coordinates; and 6.boundary of the Rous Head reclamation area,including coordinatesThe proponent shall ensure that there are no direct orindirect losses of coral or macroalgal Benthic PrimaryProducer Habitat within the Gage Roads managementunit (referred to in condition 5-1) caused by thisdredging campaign and that losses of seagrass BPPHwithin this management unit caused by the dredgingcampaign do not exceed 50 hectaresThe proponent shall monitor and record the loss ofBenthic Primary Producer Habitat (seagrass,macroalgae, coral) within the Gage Roadsmanagement unit referred to in condition 5-1 for theduration of the dredging campaign and for six monthsfollowing the dredging campaign if impacts are withinpredicted levels, or for up to 5 years if impacts exceedpredictions, to the requirements of the Department ofEnvironment and ConservationTwo months following the conclusion of monitoring ofeach program referred to in condition 5-3 theproponent is to report to the CEO of the Departmentof Environment and Conservation the total cumulativeloss of each Benthic Primary Producer Habitat type(seagrass, macroalgae, and coral) in the Gage Roadsmanagement unit referred to in condition 5-1. Thereport is to include a map showing area and losses ofbenthic primary producer habitat typeThe proponent shall annually survey the footprint (asper coordinates) of the offshore spoil ground for twoyears after completion of the disposal activities andafter any severe storm event within the two yearperiod exceeding a one in five year ARI for thepurposes of demonstrating that the dredging spoil hasremained within the footprint of the approved dredgespoil disposal groundThe future use of the offshore disposal site for disposaloutside the approved coordinates is not permittedunder this assessment and therefore requires anadditional consideration under the EP ActTo achieve the Environmental Quality Objectives(EQOs) established for the marine environment by theEnvironmental Protection Authority in Perth CoastalWaters Environmental Values and Objectives,specifically for the ‘high’ Ecological Protection Areaadjacent to the reclamation return water dischargezone, the proponent shall prepare and implement aWater Quality Monitoring Program as a component ofthe Dredge Spoil Disposal Management Plan (DSDMP)to the satisfaction of the CEO of the Department ofEnvironment and Conservationindicate any proposed changes to theCompliance Assessment Plan required byCondition 4.1Prepare maps listed under Action columnMeasurement of baseline coral, macroalgaland seagrass BPPH extent (801:M5.1) and comparative post-dredgingBPPH survey to ensure that there are nolosses of coral or macroalgal BPPH andno more than 50 ha of seagrass BPPHMeasurement of baseline coral, macroalgaland seagrass BPPH extent (801:M5.1) and comparative post-dredgingBPPH survey/s to ensure that there areno losses of coral or macroalgal BPPHand no more than 50 ha of seagrassBPPHCalculate cumulative habitat losses basedon monitoring results. Prepare a reportwith these losses as well as a mapshowing area and losses of BPPH.Annually survey footprint of offshoredisposal ground for two years aftercompletion of disposal. Survey after anysevere storm event exceeding a one infive year annual recurrence intervalwithin the two year period.No offshore disposal will occur to the sitedescribed in MS801 other than thatapproved under this assessment.Implement the Water Quality MonitoringProgram.Maps to be provided to OEPAwithin the first ComplianceAssessment Report.Compliance Assessment Reportincluding habitat loss calculationsCompliance Assessment Reportincluding habitat losscalculations; Monitoring resultsprovided to the CEO of OEPA asoutlined in M5.4Compliance Assessment Reportincluding a map and cumulativehabitat loss calculations for eachBPPH type; Report provided tothe CEO of OEPAProvide survey details to OEPAwithin annual compliance reportRecords of volume dumped willbe provided to the DEC in theannual reportsResults of the Water QualityMonitoring Program will beprovided in annual ComplianceAssessment Reports. FortnightlyWQMP data reports to besubmitted to the OEPA.Min forEnvMin forEnvDesignOverallCEO OverallCEO OverallMin forEnvMin forEnvOverallCEO OverallOverall AnnuallyMaps prepared prior to dredgingactivities, to be provided together withcomparative maps from BPPH monitoringsurveys referred to in 801:M5.2,801:M5.3 and 801:M5.4. Maps to beprovided within the first ComplianceAssessment Report.Two months following the completion ofthe proposalThroughout the dredging campaign andfor six months following the dredgingcampaign if impacts are within predictedlevels, or for up to 5 years if impactsexceed predictionsTwo months following the conclusion ofmonitoring of each program referred to incondition 5-3Annually for two years after completion ofthe disposal activities and after anysevere storm event within the two yearperiod exceeding a one in five year ARICompliance assessment reports to besubmitted annually through the dredgingcampaign. Fortnightly WQMP data reportsto be submitted to the OEPA6 Oceanica: Fremantle Ports: Compliance Assessment Plan

AuditCode801:M6.2801:M6.3801:M6.4Subject Action How Evidence Satisfy Advice Phase When StatusMarine WaterQuality andSedimentQualityMarine WaterQuality andSedimentQualityMarine WaterQuality andSedimentQualityPrior to dredging activities causing sedimentdispersion into the marine environment the proponentshall prepare a map defining the levels of EcologicalProtection that will apply for the duration of thedredging campaign including: 1. The boundary of theRous Head reclamation area and adjacent seabedwhere the level of ecological protection is reduced to‘moderate’ for the duration of the projectimplementation 2. The boundary of the Rous Headreclamation area and adjacent seabed where a highlevel of ecological protection will be met aftercompletion of the dredging campaign 3. Identifyenvironmental quality indicators and associated‘trigger’ levels, based on the guidelines andrecommended approaches in the Australian and NewZealand Guideline for Fresh and Marine Water Quality(ANZECC & ARMCANZ, 2000) and the EnvironmentalQuality Criteria Reference Document for CockburnSound (2003 – 2004) (EPA, 2005), for assessing theperformance of the discharges in meeting the EQOsfor the moderate ecological protection areas and atthe boundary of the ‘high’ Ecological Protection Area,both during and after completion of the dredgingcampaign 4. Design and employ protocols andschedules for reporting performance against the EQOsusing the environmental quality ‘trigger’ levels fordischarges 5. Specify appropriate management andmitigation measures to be applied if monitoringdemonstrates that the environmental quality ‘trigger’levels are exceeded at any point during the dredgingand reclamation program, or if they are exceeded fora high level of ecological protection adjacent to RousHead after completion of the dredging campaignIf the Water Quality Monitoring Program required incondition 6-1 demonstrates that the environmentalquality ‘trigger’ levels (as determined in condition 6.2)are not met, the proponent shall immediately report tothe CEO of the Department of Environment andConservation with the remedial management and/orpreventative actions to be implementedMonitoring shall be conducted for the duration of thedredging and disposal program and for six monthsfollowing completion of the program, or until it hasbeen demonstrated that the High Ecological Protectionvalues have re-established adjacent to Rous Head. Theresults of monitoring shall be reported to the CEO ofthe Department of Environment and ConservationPrepare Water Quality MonitoringProgram (WQMP) to include: mapdefining levels of ecological protection asdescribed in action column;environmental quality indicators andassociated trigger levels; protocols andschedules for reporting performanceagainst the EQOs; and management andmitigation measuresProvide report to the CEO of the OEPAwith the remedial management and/orpreventative actions to be implementedfollowing the exceedance of trigger levelsThe Compliance Assessment Report shallinclude the initial predictions of theproponent as described in the PublicEnvironmental Review and proponent’sresponse to submissions, and an analysisof how, and to what extent the results ofmonitoring varied from the predictionsWQMPMin forEnvDesignReport to the CEO of the OEPA CEO OverallCompliance Assessment Reportsubmitted to the CEO of theOEPA.CEO OverallSubmit WQMP prior to dredging activitiescausing sediment dispersion into themarine environmentWithin 72 hours of an exceedance ofenvironmental quality ‘trigger’ levels(subsequent to processing of data).Within two months of completion of themonitoring and analysisOceanica: Fremantle Ports: Compliance Assessment Plan 7

3. ReferencesDEC, 2009a. Compliance Monitoring and Reporting – Guidelines for Proponents, Preparing anAudit Table, Department of Environment and Conservation, Government of WesternAustralia, May 2009.DEC, 2009b. Compliance Monitoring and Reporting – Guidelines for Proponents - Preparing aCompliance Assessment Plan, Department of Environment and Conservation,Government of Western Australia.Oceanica, 2010, Fremantle Port Inner Harbour and Channel Deepening – Reclamation at RousHead and Offshore Placement of Dredged Material: Water Quality MonitoringProgram, Prepared for Fremantle Ports by Oceanica Consulting Pty Ltd, Report no.816_006/1, Perth, Western Australia, January 2010.Sinclair Knight and Merz (SKM), 2008. Fremantle Port Inner Harbour and Channel Deepening,Reclamation and Rous Head and Offshore Placement of Dredged Material – PublicEnvironmental Review Document, Prepared for Fremantle Ports by SKM, Perth,Western Australia, 2008.10 Oceanica: Fremantle Ports: Compliance Assessment Plan

Appendix AMinisterial Statement 801

STATUS OF THIS DOCUMENTThis document has been produced by the Office of the Appeals Convenor as an electronic version ofthe original Statement for the proposal listed below as signed by the Minister and held by this Office.Whilst every effort is made to ensure its accuracy, no warranty is given as to the accuracy orcompleteness of this document.The State of Western Australia and its agents and employees disclaim liability, whether in negligenceor otherwise, for any loss or damage resulting from reliance on the accuracy or completeness of thisdocument.Copyright in this document is reserved to the Crown in right of the State of Western Australia.Reproduction except in accordance with copyright law is prohibited.Published on 18 August 2009 Statement No 801STATEMENT THAT A PROPOSAL MAY BE IMPLEMENTED(PURSUANT TO THE PROVISIONS OF THEENVIRONMENTAL PROTECTION ACT 1986)FREMANTLE PORTS INNER HARBOUR AND CHANNEL DEEPENING,RECLAMATION AT ROUS HEAD AND OFFSHORE PLACEMENT OF DREDGEDMATERIALProposal:The proposal is to deepen the Fremantle Inner Harbour,Entrance Channel and the Deep Water Channel by dredgingapproximately 3.1 million cubic metres to provide for furtherreclamation at Rous Head of approximately 27 hectares and foroffshore disposal.The proposal is further documented in schedule 1 of thisstatement.Proponent:Fremantle PortsProponent Address: 1 Cliff Street, Fremantle, WA 6160Assessment Number: 1621Report of the Environmental Protection Authority: Report 1330The proposal referred to in the above report of the Environmental Protection Authority maybe implemented. The implementation of that proposal is subject to the following conditionsand procedures:1 Proposal Implementation1-1 The proponent shall implement the proposal as documented and described inschedule 1 of this statement subject to the conditions and procedures of thisstatement.Published on:

2 Proponent Nomination and Contact Details2-1 The proponent for the time being nominated by the Minister for Environment undersections 38(6) or 38(7) of the Environmental Protection Act 1986 is responsible forthe implementation of the proposal.2-2 The proponent shall notify the Chief Executive Officer of the Department ofEnvironment and Conservation (CEO) of any change of the name and address of theproponent for the serving of notices or other correspondence within 30 days of suchchange.3 Time Limit of Authorisation3-1 The authorisation to implement the proposal provided for in this statement shalllapse and be void five years after the date of this statement if the proposal to whichthis statement relates is not substantially commenced.3-2 The proponent shall provide the CEO with written evidence which demonstrates thatthe proposal has substantially commenced on or before the expiration of five yearsfrom the date of this statement.4 Compliance Reporting4.1 The Proponent shall prepare and maintain a Compliance Assessment Plan to thesatisfaction of the CEO.4.2 The Proponent shall submit to the CEO, the Compliance Assessment Plan requiredby Condition 4.1 within 6 months of the date of this Statement. The ComplianceAssessment Plan shall indicate:1. the frequency of compliance reporting;2. the approach and timing of compliance assessments;3. the retention of compliance assessments;4. reporting of non-compliances and corrective actions taken;5. the table of contents of Compliance Assessment Reports; and6. public availability of compliance reports.4.3 The Proponent shall assess compliance with conditions in accordance with theCompliance Assessment Plan required by Condition 4.1.4.4 The Proponent shall retain reports of all compliance assessments described in theCompliance Assessment Plan required by Condition 4.1 and shall make thosereports available when requested by the CEO.4.5 The Proponent shall advise the CEO of any non-compliance as soon as practicable.4.6 The Proponent shall submit to the CEO a Compliance Assessment Report annuallyfrom the date of issue of this Statement addressing the previous twelve month periodor other period as agreed by the CEO. The date of the first Compliance Assessment2

Report shall be 15 months from the date of this Statement, with each subsequentreport 12 months from the date of the previous Report. The ComplianceAssessment Report shall:1. be endorsed by the Proponent’s Chief Executive Officer or a person, approvedin writing by the Department of Environment and Conservation, delegated tosign on the Chief Executive Officer’s behalf;2. include a statement as to whether the Proponent has complied with theconditions;3. identify all non-compliances and describe corrective and preventative actionstaken;4. be made publicly available in accordance with the approved ComplianceAssessment Plan; and5. indicate any proposed changes to the Compliance Assessment Plan required byCondition 4.1.5 Marine Ecology – Benthic Primary Producer Habitat5-1 Prior to dredging activities the proponent shall prepare maps showing the:1. Gage Roads Benthic Primary Producer Habitat Management Unit;2. location and extent of the benthic primary producer habitat types;3. boundaries of the direct disturbance area and predicted levels of impact,including coordinates;4. boundaries of the indirect disturbance area and predicted levels of indirectimpact, including coordinates;5. the spatially defined offshore spoil disposal ground, including coordinates; and6. boundary of the Rous Head reclamation area, including coordinates.5-2 The proponent shall ensure that there are no direct or indirect losses of coral ormacroalgal Benthic Primary Producer Habitat within the Gage Roads managementunit (referred to in condition 5-1) caused by this dredging campaign and that lossesof seagrass BPPH within this management unit caused by the dredging campaign donot exceed 50 hectares.5-3 The proponent shall monitor and record the loss of Benthic Primary ProducerHabitat (seagrass, macroalgae, coral) within the Gage Roads management unitreferred to in condition 5-1 for the duration of the dredging campaign and for sixmonths following the dredging campaign if impacts are within predicted levels, orfor up to 5 years if impacts exceed predictions, to the requirements of theDepartment of Environment and Conservation.5-4 Two months following the conclusion of monitoring of each program referred to incondition 5-3 the proponent is to report to the CEO of the Department ofEnvironment and Conservation the total cumulative loss of each Benthic PrimaryProducer Habitat type (seagrass, macroalgae, and coral) in the Gage Roads3

management unit referred to in condition 5-1. The report is to include a mapshowing area and losses of benthic primary producer habitat type.5-5 The proponent shall annually survey the footprint (as per coordinates) of theoffshore spoil ground for two years after completion of the disposal activities andafter any severe storm event within the two year period exceeding a one in five yearARI for the purposes of demonstrating that the dredging spoil has remained withinthe footprint of the approved dredge spoil disposal ground.5-6 The future use of the offshore disposal site for disposal outside the approvedcoordinates is not permitted under this assessment and therefore requires anadditional consideration under the EP Act.6 Marine Water Quality and Sediment Quality6-1 To achieve the Environmental Quality Objectives (EQOs) established for the marineenvironment by the Environmental Protection Authority in Perth Coastal WatersEnvironmental Values and Objectives, specifically for the ‘high’ EcologicalProtection Area adjacent to the reclamation return water discharge zone, theproponent shall prepare and implement a Water Quality Monitoring Program as acomponent of the Dredge Spoil Disposal Management Plan (DSDMP) to thesatisfaction of the CEO of the Department of Environment and Conservation.6-2 Prior to dredging activities causing sediment dispersion into the marine environmentthe proponent shall prepare a map defining the levels of Ecological Protection thatwill apply for the duration of the dredging campaign including:1. The boundary of the Rous Head reclamation area and adjacent seabed wherethe level of ecological protection is reduced to ‘moderate’ for the duration ofthe project implementation.2. The boundary of the Rous Head reclamation area and adjacent seabed where ahigh level of ecological protection will be met after completion of the dredgingcampaign.3. Identify environmental quality indicators and associated ‘trigger’ levels, basedon the guidelines and recommended approaches in the Australian and NewZealand Guideline for Fresh and Marine Water Quality (ANZECC &ARMCANZ, 2000) and the Environmental Quality Criteria ReferenceDocument for Cockburn Sound (2003 – 2004) (EPA, 2005), for assessing theperformance of the discharges in meeting the EQOs for the moderateecological protection areas and at the boundary of the ‘high’ EcologicalProtection Area, both during and after completion of the dredging campaign.4. Design and employ protocols and schedules for reporting performance againstthe EQOs using the environmental quality ‘trigger’ levels for discharges.5. Specify appropriate management and mitigation measures to be applied ifmonitoring demonstrates that the environmental quality ‘trigger’ levels areexceeded at any point during the dredging and reclamation program, or if theyare exceeded for a high level of ecological protection adjacent to Rous Headafter completion of the dredging campaign.4

6-3 If the Water Quality Monitoring Program required in condition 6-1 demonstratesthat the environmental quality ‘trigger’ levels (as determined in condition 6.2) arenot met, the proponent shall immediately report to the CEO of the Department ofEnvironment and Conservation with the remedial management and/or preventativeactions to be implemented.6-4 Monitoring shall be conducted for the duration of the dredging and disposal programand for six months following completion of the program, or until it has beendemonstrated that the High Ecological Protection values have re-establishedadjacent to Rous Head. The results of monitoring shall be reported to the CEO of theDepartment of Environment and Conservation. The report shall include the initialpredictions of the proponent as described in the Public Environmental Review andproponent’s response to submissions, and an analysis of how, and to what extent theresults of monitoring varied from the predictions.Notes1. Where a condition states “on advice of the Environmental Protection Authority”, theEnvironmental Protection Authority will provide that advice to the Department ofEnvironment and Conservation for the preparation of written notice to theproponent.2. The Environmental Protection Authority may seek advice from other agencies ororganisations, as required, in order to provide its advice to the Department ofEnvironment and Conservation.3. The Minister for Environment will determine any dispute between the proponent andthe Environmental Protection Authority or the Department of Environment andConservation over the fulfilment of the requirements of the conditions.Donna Faragher JP MLCMINISTER FOR ENVIRONMENT; YOUTH5

Schedule 1Table 1: BPPH assessmentThe table below is a summary of the project’s predicted footprint from dredging from direct(dredged area and spoil placement) and indirect (sediment plume dispersion and settlement).The proponent has modelled the zone of effect for indirect impacts as a result of sedimentplumes across two timing scenarios (November and January).BPPH Loss CalculationsTotal Size of Management Unit(ha)Types of Benthic PrimaryProducer HabitatHistorical Area of Total BPPH(ha)BPPH Management Unit (MU)Gage RoadsDeep WaterChannelCategory ECategory DNovember JanuaryCoastal UnitCategory C6825 10521 6411Dominant seagrass withmacroalgae and coralMacroalgaeon limestonepavement,occasionalseagrassDominantseagrass withmacroalgaeon limestonepavement1108 1532 642Current Area of Total BPPH (ha) 1050 1532 642EPA Category and LossThreshold (2004b)Potential Permanent SeagrassLoss due to Project (ha and %)Estimated Historic Seagrass Loss(ha and %)Potential Total CumulativeSeagrass Loss (Historical +this Project) (ha and %)Potential Permanent MacroalgalLoss due to Project (ha and %)Estimated Historic MacroalgalLoss (ha and %)Potential Total CumulativeMacroalgal Loss (Historical +this Project) (ha and %)Potential Permanent Direct CoralLoss due to Project (ha and %)Estimated Historic Coral Loss(ha and %)Potential Total CumulativeCoral Loss (Historical + thisProject) (ha and %)E 10% D 5% C 2%99.0 9.3% 69.0 6.5% 11.0 2.9% 0.0 0.0%47.0 4.4% 47.0 4.4% 0.0 0.0% 0.0 0.0%146.0 13.8% 116.0 10.9% 11.0 2.9% 0.0 0.0%0.0 0.0% 0.0 0.0% 11.0 1.0% 0.0 0.0%11.0 25.0% 11.0 25.0% 0.0 0.0% 0.0 0.0%11.0 25.0% 11.0 25.0% 11.0 1.0% 0.0 0.0%0.0 0.0% 0.0 0.0% 0.0 0.0% 0.0 0.0%0.0 0.0% 0.0 0.0% 0.0 0.0% 0.0 0.0%0.0 0.0% 0.0 0.0% 0.0 0.0% 0.0 0.0%The Proposal (Assessment No. 1621)The main characteristics of the proposal are summarised in Table 2 below. A detaileddescription of the proposal is provided in Section 2 of the project referral document,Fremantle Ports Inner harbour and Channel Deepening, Reclamation at Rous Head andOffshore Placement of Dredged Material (PER, 2009).6

Table 2: Summary of key proposal characteristicsElementDescriptionGeneralConstruction of a sea wall1000 m longReclamationApprox 27 ha at Rous HeadDredging • Inner Harbour, from a depth of RL -13.0 m to a depth of RL -15.0 m LowWater Mark Fremantle (LWMF)• Entrance Channel from depths of RL-13.2 to 13.4 m to depths betweenRL -16.0 m (LWMF) and RL -16.8m (LWMF) to provide adequatedepth for turning ships• Deep Water Channel to a depth ofRL -16.5 m (LWMF) on straightsections and RL -18.0 m (LWMF) onbends, within an area of approx169haRelocation of dredged materials • From the Inner Harbour (approx 0.9Mm3) and the inner section ofEntrance Channel (approx 1.1 Mm3)to Rous Head• from the Deep Water Channel(approx 1.1 Mm3) to a proposedspoil ground located at Gage Roads(placement of approx 1.45 Mm3within an area of approx 150ha)Timing • Dredging campaign to commence inNovember for 20-26 weeks.KeyM metresM3 cubic metresFigures1. Fremantle Ports project location2. Fremantle Ports project location – Satellite3. Fremantle Ports project location – Inner Harbour dredging and reclamation4. Fremantle Ports project location – Rous Head extension7