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Ordinary Council Meeting – Agenda 16 February 2009<br />

Subsequently, the Scheme amendment document was referred to the EPA who advised on<br />

17 November 2008 that the amendment would not be required to be assessed under Part<br />

IV <strong>of</strong> the Environmental Protection Act 1986. Nevertheless, the agency provided the<br />

following advice and recommendations relating to the future landfill proposal:<br />

1. A „Works Approval‟ is required to be obtained by the developer from the<br />

Department <strong>of</strong> Environment and Conservation.<br />

2. Class 1 & 2 landfill operations require either registration or a licence to be obtained<br />

from the Department <strong>of</strong> Environment and Conservation.<br />

On the 10 th and 17 th December 2008 the Scheme amendment was advertised in the<br />

Pilbara News for forty-two (42) days, in accordance with the statutory advertising<br />

provisions, as well as being directly referred to utility providers and the relevant statutory<br />

authorities. As RTIO is the only private entity with an interest in land within the immediate<br />

vicinity no other parties needed to be directly contacted. A total <strong>of</strong> seven (7) organisations<br />

and authorities were contacted with four (4) submissions being received, which are<br />

summarised in the following table:<br />

Submission received from: Comment:<br />

Department <strong>of</strong> Water No comment.<br />

Water Corporation No objections in principle.<br />

Department <strong>of</strong> Indigenous Affairs Identified 2 sites within the amendment area that<br />

are listed on the Register <strong>of</strong> Aboriginal Sites:<br />

1. DIA 7788 (Wickham)<br />

2. DIA 11866 (Poverty Windmill, Mt Welcome)<br />

General advice provided regarding the developers<br />

obligations under the Aboriginal Heritage Act<br />

1972 including reporting the finding <strong>of</strong> any cultural<br />

material and for further information to be obtained<br />

Department for Planning and<br />

Infrastructure, State Land Services<br />

Issues<br />

regarding Aboriginal heritage.<br />

No comments or objections.<br />

In making a decision to finally adopt TPS8 Amendment No. 14, Council should<br />

acknowledge and give consideration to the submissions received during the advertising<br />

period.<br />

As there were no objections received during the advertising period, and given that advice<br />

received from the Department <strong>of</strong> Indigenous Affairs simply details the developer‟s<br />

obligations under the Aboriginal Heritage Act 1972, the Scheme amendment is ready to be<br />

finally adopted.<br />

The developer is required to have the use approved under TPS8 and to also submit an<br />

application for „Works Approval‟ to the DEC to enable a full assessment <strong>of</strong> environmental<br />

impacts and ongoing management mechanisms. If approval is granted by the <strong>Shire</strong> and the<br />

DEC, the ongoing monitoring and management <strong>of</strong> the landfill operation will be controlled by<br />

the DEC under the facility licence.<br />

Options<br />

Council has the following options available:<br />

1. To finally adopt the Scheme amendment without modification.<br />

2. To not finally adopt TPS8 Amendment No. 14.<br />

<strong>Page</strong> 82

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