BENGALLA MINE MINE OPERATIONS PLAN 2015-2021 MOP 2015-2021.pdf · Bengalla Mine Mine Operations Plan 2015-2021 2015-2021MOP-BengallaMine_Final.pdf Page 7 of 134 1.1 History of Operations

BENGALLA MINE

MINE OPERATIONS PLAN

2015-2021 (SSD- 5170)

Bengalla Mine Mine Operations Plan 2015-2021

2015-2021MOP-BengallaMine_Final.pdf Page 3 of 134

Table of Contents Table of Contents .................................................................................................................................. 3 List of Table ........................................................................................................................................... 5 List of Figures ........................................................................................................................................ 5 1 Introduction .................................................................................................................................... 6

1.1 History of Operations ............................................................................................................. 7 1.2 Consents, Authorisations and Licences ............................................................................... 10 1.3 Land Ownership and Land Use............................................................................................ 12 1.4 Stakeholder Consultation ..................................................................................................... 14

1.4.1 Community Consultative Committee ................................................................................ 15 1.4.2 Statutory Authorities ......................................................................................................... 15 1.4.3 Aboriginal Groups ............................................................................................................ 15 1.4.4 Stakeholder Expectations ................................................................................................ 15 1.4.5 Rehabilitation and Post-Mining Land use ......................................................................... 16

2 Proposed Mining Activities ........................................................................................................... 17 2.1 Project Description ....................................................................................................................... 17 2.2 Asset Register .............................................................................................................................. 18 2.3 Activities over the MOP Term ....................................................................................................... 20

2.3.1 Geology and Exploration .................................................................................................. 20 2.3.2 Construction ..................................................................................................................... 21 2.3.3 Mining Operations (including mining purposes) ............................................................... 22 2.3.4 Rock/Overburden Emplacement ...................................................................................... 25 2.3.5 Processing Residues and Tailings ................................................................................... 26 2.3.6 Waste Management ......................................................................................................... 26 2.3.7 Decommissioning and Demolition Activities ..................................................................... 27 2.3.8 Progressive Rehabilitation and Completion ..................................................................... 27 2.3.9 Material Production Schedule During MOP Term ............................................................ 27

3 Environmental Issues Management ............................................................................................. 29 3.1 Environmental Risk Assessment .......................................................................................... 29 3.2 Environmental Risk Management ........................................................................................ 32

3.2.1 Environmental Management Documents ......................................................................... 32 3.2.2 Specific Risks relating to Rehabilitation ........................................................................... 34

4 Post Mining Land Use .................................................................................................................. 42 4.1 Regulatory Requirements .................................................................................................... 42 4.2 Post Mining Land Use Goal ................................................................................................. 45 4.3 Rehabilitation Objectives ..................................................................................................... 46

5 Rehabilitation Planning ................................................................................................................. 47 5.1 Domain Selection ................................................................................................................. 47

5.1.1 Primary Domains ............................................................................................................. 48 5.1.2 Secondary Domains ......................................................................................................... 49

5.2 Domain Rehabilitation Objectives ........................................................................................ 50 5.3 Rehabilitation Phases .......................................................................................................... 52

5.3.1 Decommissioning ............................................................................................................ 52 5.3.2 Landform Establishment .................................................................................................. 52 5.3.3 Growth Media Development............................................................................................. 53 5.3.4 Ecosystem and Land-use Establishment ......................................................................... 53 5.3.5 Ecosystem and Land-use Sustainability ........................................................................... 53 5.3.6 Relinquishment ................................................................................................................ 54 5.3.7 Rehabilitation Phases at the end of the MOP .................................................................. 54

6 Performance Indicators and Completion Criteria .......................................................................... 55 6.1 Completion Criteria .............................................................................................................. 55

7 Rehabilitation Implementation ...................................................................................................... 74 7.1 Status at MOP Commencement .......................................................................................... 74 7.2 Proposed Rehabilitation Activities during the MOP Term ..................................................... 75



7.2.1 Ground Disturbance ......................................................................................................... 75 7.2.2 Topsoil Management ....................................................................................................... 75 7.2.3 Landform Establishment .................................................................................................. 76 7.2.4 Growth Medium Development .......................................................................................... 76 7.2.5 Ecosystem Establishment ................................................................................................ 77 7.2.6 Rehabilitation Monitoring and Maintenance ..................................................................... 81 7.2.7 Disturbance and Rehabilitation Progression during the term of the MOP ........................ 82

7.3 Summary of Rehabilitation Areas during the MOP Term ..................................................... 83 7.4 Relinquishment phase achieved during MOP Period ........................................................... 87

8 Rehabilitation Monitoring and Research ....................................................................................... 88 8.1 Rehabilitation Monitoring ..................................................................................................... 88 8.2 Research and Rehabilitation Trials and Use of Analogue Sites ........................................... 89

8.2.1 Research – Biochar – Soil Carbon Project ....................................................................... 89 8.2.2 Analogue Sites ................................................................................................................. 90 8.2.3 Grazing Trials on Rehabilitated Lands ............................................................................. 90 8.2.4 Species Suitability Trials .................................................................................................. 91 8.2.5 Weed Control Trials on Rehabilitated Lands .................................................................... 91

9 Intervention and Adaptive Management ....................................................................................... 92 9.1 Threats to Rehabilitation ...................................................................................................... 92 9.2 Trigger Action Response Plan ............................................................................................. 92

10 Reporting.................................................................................................................................... 101 10.1 Reporting ........................................................................................................................... 101

11 Rehabilitation Maps .................................................................................................................... 102 Plan 1A - Pre Mining Environment – Project Locality ..................................................................... 103 Plan 1B - Pre Mining Environment – Natural Environment ............................................................. 105 Plan 1C - Pre Mining Environment – Built Environment ................................................................. 107 Plan 2 - Mine Domains at Commencement of MOP ....................................................................... 109 Plan 3A - Mining and Rehabilitation – 2015 ................................................................................... 111 Plan 3B - Mining and Rehabilitation – 2016 ................................................................................... 113 Plan 3C - Mining and Rehabilitation – 2017 ................................................................................... 115 Plan 3D - Mining and Rehabilitation – 2018 ................................................................................... 117 Plan 3E - Mining and Rehabilitation – 2019 ................................................................................... 119 Plan 3F - Mining and Rehabilitation – 2020 ................................................................................... 121 Plan 3G - Mining and Rehabilitation – 2021 ................................................................................... 123 Plan 4 - Final Rehabilitation and Post Mining Land use ................................................................. 125 Plan 5 - Rehabilitation and Post Mining Land use Cross Sections ................................................. 127

12 Review and Implementation of the MOP .................................................................................... 129 12.1 Review of the MOP ............................................................................................................ 129 12.2 Implementation .................................................................................................................. 129

13 References ................................................................................................................................. 131 14 Acronyms ................................................................................................................................... 133 Appendix A – SSD-5170 .................................................................................................................... 134



List of Table

Table 1: History of Approvals ............................................................................................................. 7 Table 2 Consents, Leases and Licences ......................................................................................... 10 Table 3 Project components ............................................................................................................ 17 Table 4 Major assets by domain ...................................................................................................... 18 Table 5: Material Production Schedule during the MOP Term ......................................................... 28 Table 6: Risk Likelihood Ratings ...................................................................................................... 29 Table 7: Maximum Reasonable Consequence Ratings ................................................................... 29 Table 8: Risk matrix ......................................................................................................................... 30 Table 9: Risk Classifications ............................................................................................................ 30 Table 10: Environmental Risk Assessment ...................................................................................... 31 Table 11: Environmental Management Documents ......................................................................... 33 Table 12: Regulatory Requirements ................................................................................................ 42 Table 13: Bengalla Primary and Secondary Domains ...................................................................... 47 Table 14: Rehabilitation Objectives .................................................................................................. 50 Table 15: Summary of rehabilitation phases proposed for completion at the end of the MOP ......... 54 Table 16: Decommissioning Phase .................................................................................................. 56 Table 17 Landform Establishment ................................................................................................... 57 Table 18 Growing Media Development ............................................................................................ 60 Table 19: Ecosystem and Land Use Establishment ......................................................................... 62 Table 20: Ecosystem and Land-use Sustainability ........................................................................... 68 Table 21: Land Relinquishment ....................................................................................................... 73 Table 22: Rehabilitation Status of Bengalla defined Domains .......................................................... 74 Table 23 Modified Pasture Rehabilitation Species ........................................................................... 77 Table 24 Native Vegetation Rehabilitation Species 1 ....................................................................... 78 Table 25 Native Vegetation Rehabilitation Species 2 ....................................................................... 80 Table 26: Disturbance and Rehabilitation Progression during the term of the MOP ......................... 82 Table 27 Rehabilitation Data Table .................................................................................................. 84 Table 28 Analysis of Rehabilitation Threats ..................................................................................... 93 Table 29 Trigger Action Response Plan ........................................................................................... 95 Table 30: Responsibilities for implementation of the MOP ............................................................. 129

List of Figures

Figure 1: Land Ownership Plan (EIS 2013) .................................................................................. 13 Figure 2: Schematic of Bengalla’s Mining Sequence .................................................................... 23



1 Introduction

Bengalla Mine (Bengalla) is located in the Upper Hunter Valley of New South Wales, approximately 130 kilometres north-west of Newcastle and four kilometres west of Muswellbrook. Bengalla is bound by Wybong Road to the north, Overton Ridge to the east, the Muswellbrook-Ulan Rail Line and the Hunter River Flood plain to the south and Roxburgh Road to the west.

Bengalla is managed by Coal & Allied, and the Bengalla Joint Venture (BJV) owns the exploration and mining rights within the Bengalla Mining Leases. The current participants and their interests in the BJV are as follows:

CNA Bengalla Investments Pty Limited 40 per cent; Wesfarmers Bengalla Limited 40 per cent; Taipower Bengalla Pty Limited 10 per cent; and Mitsui Bengalla Investment Pty Limited 10 per cent.

In September 2013, the Continuation of Bengalla Mine Environmental Impact Statement (Bengalla EIS) (Bengalla Mining Company, 2013) was prepared to support an Application for Development Consent to enable continued mining operations at Bengalla. On 3 March 2015, the Secretary of the Department of Planning and Environment (DP&E) granted SSD-5170 which permits the following activities at Bengalla:

Continuation of open cut mining towards the west at a rate of up to 15 Million tonnes per annum run of mine coal until 2039;

Continued use of the existing dragline, truck fleet and excavator; An out of pit Overburden Emplacement Area (OEA) to the west of Dry Creek which may be

utilised for excess spoil material until it is intercepted by mining; Various upgrades, relocations or additional new infrastructure to support the Project; Processing, handling and transportation of coal via the (upgraded) Coal Handling and

Preparation Plant (CHPP) and rail loop for export and domestic sale; Continued rejects and tailings co-disposal in the Main OEA and temporary in pit reject

emplacement; Relocation of a 6 km section of Bengalla Link Road at approximately Year 15 near the existing

mine access road to facilitate coal extraction; The diversion of Dry Creek via dams and pipe work with a later permanent alignment of Dry

Creek through rehabilitation areas when emplacement areas are suitably advanced; Relocation of water storage infrastructure as mining progresses through existing dams

(including the Staged Discharge Dam and raw water dam); and A workforce of approximately 900 full time equivalent personnel (plus contractors) at peak

production.

This Mining Operations Plan (MOP) outlines the proposed mining and environmental management activities planned for Bengalla for a period of 7 years from the time of approval (indicatively from 1st January 2015 through to 31st December 2021). It has been prepared in consultation with the Department of Trade and Investment, Regional Infrastructure and Services (DTIRIS), Division of Resources and Energy (DRE), Environmental Sustainability Unit (ESU), as well as in accordance with ESG3 – Mining Operations Plan Guidelines.

An updated Rehabilitation Cost Estimate (RCE) has been prepared and has been supplied as part of the application for this MOP.



1.1 History of Operations

A brief history of development, mining and associated approvals for Bengalla is provided in Table 1.

Table 1: History of Approvals

Year Details

1995

Development Consent

Bengalla Mining Company (BMC) was granted DA 211/93 under the EP&A Act for the ‘Construction and operation of a surface coal mine, coal preparation plant, rail loop, loading facilities and associated facilities’ on 7 August 1995. The supporting document to the Development Consent is the Bengalla EIS.

1998

Original MOP

In July 1998 Bengalla submitted its first Mining Operations Plan (MOP). This MOP detailed the mining operations and rehabilitation to be undertaken by Bengalla through to December 2003. The plan was subsequently approved on 1 December 1998 (MOP 1998).

1999

MOP Amendment A

Further detail design work on the rehabilitation profile led to the submission of an amendment to the MOP (MOP 1998) in May 1999 seeking a minor modification to the final rehabilitation profile. The amendment was approved by DMR in July 1999 (MOP 1999).

2001

MOP Amendment B

A second amendment was sought in June 2001 relating to a change in a haul road location requiring an increase in the disturbed area to the West. The amendment reduced both visual intrusion and noise impacts on local residents and neighbours as well as increasing the efficiency of and extending the life of the haul road. The DMR granted approval for this amendment in July 2001 (MOP 2001).

2003

MOP Amendment C

A third amendment was sought in April 2003 in relation to three changes to the mining operations. These changes were an increase of 90 metres to the West of the extraction limit, provision of a hardstand area and bring forward the closure of the centre ramp and Northern loop roads (MOP 2003). This amendment was approved in May 2003.

2004

MOP (2004-2006)

In December 2003 Bengalla submitted a new MOP to allow mining operations to continue until December 2006. THE DMR approved the plan in March 2004 (MOP 2004).

2006

Development Consent Modification 1

In March 2006 Bengalla lodged an application for a modification to the current development consent. The supporting document to DA 211/93 (M1) is the Bengalla SEE. Approval for Modification 1 was received on 9 November 2006 (DA 211/93 (M1)).



Year Details

2006

MOP Amendment A

A MOP Amendment was sought to allow Bengalla to implement changes prior to the approval of the next MOP application following the granting of modification 1 of the development consent.

2006

MOP (2006-2012)

In September 2006 a new MOP was submitted to allow Bengalla to continue mining operations until 2012. This MOP was approved in December 2006.

2007

MOP amendment A

In March 2007 an amendment was sought for the relocation of the explosives compound to facilitate the progression of mining activities in the main pit in the westerly direction. This amendment was approved in June 2007 (MOP 2007).

2007


In July 2007 a second modification to the development consent was sought to allow the following modifications to Bengalla:

Wantana Extension:

Infrastructure Modifications:

In-pit Facilities

The supporting document to DA 211/93 (M2) is the Wantana Extension SEE. The above modifications were approved on 6 December 2007 (DA 211/93 (M2)).

2008


In March 2008 Bengalla sought a third modification to its mining operations which proposed the following:

Construction of the Bengalla Link Road Stage 2 on an alternative alignment to that originally approved; and

Deferral of the relocation of the ROM Hopper and associated facilities from its existing location to a site adjacent to the CHPP.

The supporting document to DA 211/93 (M3) is the Bengalla EA 2008. DA 211/93 (M3) was approved on 22 July 2008.

2008

MOP Amendment B

In December 2008 a MOP amendment was submitted to allow for the changes to mining operations to reflect the Modification 3 approval. This MOP amendment was approved by DPI on 13 January 2009.



Year Details

2010


In December 2010 a fourth modification (M4) was sought to facilitate the following changes to Bengalla mining operations in response to loss of overburden emplacement capacity:

Acceleration of mining operations within the Wantana Extension to align these with existing operations; and Implementation of an overburden emplacement strategy at Bengalla to resolve the overburden emplacement capacity issues.

The supporting document to DA 211/93 (M4) is the Bengalla EA 2010. Modification DA 211/93 (M4) was approved on 7 October 2011 by DP&I.

2011

MOP Amendment C

In May 2011 Bengalla submitted an amendment to the existing MOP which included a modified MOP plan of the approved temporary out of pit emplacement area (as described in the Bengalla EA 2010). The amendment was approved on 6 May 2011.

2011

MOP Amendment D

In December 2011 Bengalla submitted an amendment to the 2008 MOP to allow mining operations to continue in line with the most recent modification approved (M4). The 2011 MOP amendment described mitigation measures for those impacts outlined in the Bengalla EA 2010 and included MOP plan changes. The 2011 MOP amendment was approved on 12 December 2011.

2012

MOP (2013-2015)

On 8th November 2012 Bengalla submitted a new MOP (2013-2015) to continue mining under the development consent due the expiry of the previous MOP. The MOP (2013-2015) was approved on the 11th December 2012.

2014

MOP (2013-2015) Amendment A (2014)

On the 17th January 2014 Bengalla submitted Amendment A to the MOP (2013-2015) to allow the step up off the remaining Edderton in the north to make the Wynn coal the basal seam. The MOP Amendment A was approved on the 11th February 2014

2014


In June 2014 a fifth modification (M5) was sought to facilitate the required geotechnical investigations to complete the detailed design of future water management infrastructure. The modification is comprised of the following geotechnical activities;

Test pits at three proposed dam locations associated with the relocation of the BMC Discharge Dam, Hunter River Raw Water Dam and Washery Dam

Test pits and two boreholes at the site of the propsoed Clean Water Diversion Dam; and

Test pits along the pipeline alignment from Clean Water Diversion Dam to the clean water discharge point adjacent to the relocated BMC Discharge Dam.

2014

MOP (2015-2017)

On the 31st December 2014 Bengalla submitted the MOP (2015-2017) that would facilitate mining to the end of the current Mining Consent through to mine closure if the Bengalla Continuation of Mining Project application was not approved. This MOP was approved on the 17th March 2015



Year Details

2015

Bengalla Continuation of Mining Project (BCMP) Development Consent

On 3 March 2015, the Secretary of DP&E granted SSD-5170 for the BCMP as discussed in Section Error! Reference source not found..

2015

MOP (2015-2021) – This Document

In May 2015 Bengalla submitted this MOP (2015 - 2021) to continue mining in accordance with new BCMP development consent SSD-5170.

1.2 Consents, Authorisations and Licences

The principal approval at Bengalla is Development Consent SSD-5170 under Division 4.1 of Part 4 of the Environmental Planning and Assessment Act 1979 (EP&A Act). SSD-5170 was granted in accordance with section 89E of the EP&A Act.

Bengalla is a Level 1 Mine and operates under a number of different approvals including;

Development Consents and approvals issued by the Department of planning and Environment (DP& E) and Muswellbrook Shire Council (MSC);

EPBC Act approval, by the Commonwealth Department of the Environment Mining tenements issued by the Department of Trade and Investment, Regional Infrastructure

and Services (DTIRIS); Mining Operations Plans (MOP) approved by DTIRIS; Environment Protection License (EPL) issued by the NSW Office of Environment and

Heritage (OEH); Dangerous Goods Licenses issued by Workcover; and Water License issued by New South Wales Office of Water (NOW).

In addition to its Development Consent, Bengalla operates under a number of mining authorities and various other licences and environmental mining related approvals as listed in Table 2.

Table 2 Consents, Leases and Licences

Approval Tenement / Licence

(Description) Authority Issue – Expiry Dates

Development Consent (as modified)

DA 211/93 DP&E Issued: 07/08/1995

Expiry: 27/06/2017

Development Consent SSD-5170 DP&E Issued: 03/03/2015

Expiry: 28/02/2039

Development Consent – Explosives Facility

DA 273/2006 MSC 06/09/2006 – Perpetuity





Mining Lease ML1397 DRE 27/06/1996 – 27/06/2017




Assessment Lease AL13 DRE 20/12/2006 – 19/12/2011*

Exploration Licence A438 DRE 18/08/2009 – 07/05/2014*

MLA 493 (Auth102 surface lease)

DRE In process for ML

MLA 494 (Auth438 and AL13) DRE In process for ML

PTF ML1645 (ML1645 Part Transfer)

DRE In process for ML Part Transfer

Bengalla Mining Operations Plan (MOP)

“MOP (2015-2017)”

MOP DRE 01/01/2015 – 27/06/2017

Approved: 17th March 2015

Bengalla Mining Operations Plan (MOP)

“MOP (2015-2021)”

MOP DRE

This MOP – Pending Approval

Submitted: May 2015

Environmental Protection Licence (EPL)

6538 EPA Issued: 09/04/2015

Hunter River Water Access Licence (1,449 units)

WAL001106 (previously 20SL060388)

NOW 01/08/2004 – 18/03/2018

Groundwater Extraction Licence

20BL169798 NOW Expiry Date: 31/10/2015

Hunter River Pump 20PE001354 NOW 01/05/1997 – Annual

Licence to Store Explosives 07-100151-001 WorkCover

NSW Expiry Date: 10/01/2018

Licence to Store XSTR100151 WorkCover

NSW Expiry Date: 10/01/2018





Radiation Management Licence

5061036 EPA 01/12/14*

* Renewal pending/in progress

1.3 Land Ownership and Land Use

The Upper Hunter region has a long history of rural land use for a variety of agricultural and industrial activities, predominantly grazing and coal mining. The land surrounding the project is largely dominated by mine owned land for various current or proposed mining operations. All of the land within the project boundary is owned by Bengalla Mining Company, with the exception of two lots owned by Coal & Allied. Coal & Allied also owns a large area of land to the north of Bengalla Mine associated with the Mount Pleasant Project. The land to the South of the Hunter River is held by BHP Billiton for the Mt Arthur Coal Complex.

Figure 1 and PLAN1C illustrates the land ownership surrounding Bengalla as per SSD-5170 Appendix 4.



Figure 1: Land Ownership Plan



1.4 Stakeholder Consultation

Bengalla has conducted effective stakeholder engagement programs since its initial exploration licence was granted in 1991. Bengalla aims to build enduring relationships with its neighbours and communities of interest based on mutual respect, active partnership and long-term commitment.

There are a number of different groups which affect and are impacted by Bengalla’s operations in the Muswellbrook area and these are identified and detailed in RTCA’s Community and Stakeholder Engagement Tracking System (CSETS). Broadly, the main stakeholder groups relevant to this Plan include:

Local stakeholders; Employees; Near neighbours; Near neighbour communities (e.g. Aberdeen, Denman, Merriwa and Scone); Community groups; Local government (including Muswellbrook Shire Council; Upper Hunter Shire Council); Local Aboriginal groups; Educational institutions (primary & secondary schools and TAFE); Local media; Neighbouring mines (Anglo Coal’s Drayton and Dartbrook operations, BHP Billiton’s Mt Arthur

Coal, Muswellbrook Coal, Glencore Mangoola mine); Broad community stakeholders; State and federal government departments; State and federal regulators; Non-local Aboriginal groups; and Parent companies of local mines.

Regional and broader community relations programmes such as the Coal & Allied Community Development Fund, Aboriginal Development Fund, corporate donations and sponsorships and media liaison are managed by Rio Tinto Coal Australia’s Media and Communications Department. as well as the NSW Community Relations team. The role of the Communities function in NSW, and therefore the underpinning vision for the Muswellbrook Community Multi-Year Plan is to create the enabling environment for the business to enhance value now and in the future through access to land and a social licence to operate.

Our approach to community relations is focused on building enduring relationships based on mutual respect, active partnership and long term commitment. In practice, and for the NSW Communities team, this means:

Having robust relationships with our communities of interest – this requires understanding the

issues and needs of different stakeholders as well as active engagement; Effectively contributing to communities – this requires understanding the socio-economic

environment and the community’s vision for the future, and providing contributions that are sustainable and build long term community capacity.

The Rio Tinto Communities Standard sets out a framework for implementing the communities policy. This includes the Muswellbrook Communities Multi-Year Plan, which is reviewed regularly and updated annually. The Muswellbrook community relations strategy is currently being implemented across three key task areas of consultation and engagement, community development and communication.



1.4.1 Community Consultative Committee

Bengalla has a Community Consultative Committee (CCC) that monitors compliance with conditions of consent and provides a forum for important community discussion. Community representatives act as the point of contact to provide feedback between the mines and the community. Community representatives are asked to relay information from these meetings to their community and in turn, through their representative, the community can raise issues they would like addressed. The CCC is comprised of members from the community, with representatives from Bengalla, Muswellbrook Shire Council, and local community groups.

Bengalla has also implemented a 24‐hour environmental hotline for community issues relating to its operations. Bengalla has informed community members that they may contact the site at any time to lodge concerns or enquiries regarding its mining operations. A system has been established to ensure an appropriate Bengalla representative responds to any complaint lodged.

1.4.2 Statutory Authorities

Bengalla has consulted with the NSW Trade & Investment and other authorities regarding the preparation and content of the MOP and all amendments. Consultation with these authorities has occurred during recent approval submissions and environmental assessments. Statutory authorities also have the opportunity for ongoing involvement in Bengalla’s operations through their representation on the CCC.

1.4.3 Aboriginal Groups

Coal & Allied works closely with local Aboriginal people through professional engagement and consultation on cultural heritage management. Company employees also undergo training in Aboriginal cultural awareness.

A series of stakeholder consultation meetings and working group meetings have been conducted between Coal & Allied and representatives of the local Aboriginal community regarding the establishment of the Coal & Allied Aboriginal Development Fund (C&AADF). The C&AADF has been formed by Coal & Allied and representatives from the local Aboriginal community to provide funding for activities and projects that will benefit the Upper Hunter Aboriginal people. The C&AADF aims to develop long term positive relationships between Coal & Allied and the Upper Hunter Aboriginal community and to build the Aboriginal community into the future.

1.4.4 Stakeholder Expectations

Historically, management of issues identified by stakeholders in relation to Post Mining Land Use and Final Landform have been addressed through the development consent process with modification to the current consent, and recently through the BCMP development consent process. The MOP is then created to reflect any changes that are required by this process. Examples that show how this process works can be seen in the changing post mining land use of the eastern face of the dump to



align with Muswellbrook Council expectations to increase the density of trees in this area. Future changes will be the potential for relief on top of the existing dump to create a more natural landform.

Understanding and managing the expectations of our key stakeholder groups will continue to be an important issue in the Muswellbrook community. Bengalla will continue to engage and involve stakeholders to ensure an understanding of key expectations and concerns. This will be key where expectations of stakeholder groups differ, or where community expectations do not align with requirements/conditions of operation.

1.4.5 Rehabilitation and Post-Mining Land use

Provisions for the rehabilitation of mined areas are attached to Mining Leases in accordance with the Mining Act 1992 as administered by NSW Trade & Investment, Diversion of Resource & Energy (DRE). A general requirement of the DP&E is that after rehabilitation, land should have the same land use capability as before mining. Rehabilitation plans and reports are prepared to satisfy the requirements of both Government Agencies and other relevant stakeholders. All rehabilitation will be undertaken in consultation with the DRE and other relevant agencies.

Security deposits usually in the form of a bank guarantee are lodged with the DRE to ensure that rehabilitation is undertaken. These deposits are progressively reviewed as areas are rehabilitated.

Objectives for Rehabilitation are integrated into early mine planning to ensure compatibility with site constraints, mining operations, conservation objectives, community expectations, pre-mining land use, final land use, drainage, stability, soils, erosion control and visual compatibility.

Rehabilitation designs for the final landform at Bengalla have been designed to follow the principles and strategies outlined in the DP&E Synoptic Plan: Integrated Landscapes for Coal Mine Rehabilitation in the Hunter Valley of New South Wales and requirements outlined in SSD-5170.



2 Proposed Mining Activities

2.1 Project Description

Operations at Bengalla are conducted in accordance with SSD-5170 and its supporting documents: the Bengalla EIS BCMP (2013) and the Bengalla RTS (2014). Bengalla is an open-cut strip mining operation where mining generally advances to the west based on dragline strips approximately 60m in width. The advancing highwall angle is currently mined over 3-5 strips which allows the prestrip fleet to mine ahead for both mine development and to prepare the next strip for the Dragline. The table below summarises the key Project components as per section 4 of the Bengalla EIS (2013).

Table 3 Project components

Component Project

Life of Mine February 2039.

Deposit 316 Mt ROM coal within the mining areas

Mining Method Open Cut - Dragline, truck and excavator (machinery will be progressively upgraded)

Production Up to 15Mtpa ROM coal

Operational Hours

Mining operations and coal processing 24 hours per day, seven days per week

Workforce

Currently ~400 full time personnel, up to 315 additional contractors required during the construction periods and up to 900 full time equivalent personnel (plus contractors) at maximum production.

Blasting Maximum of 4 blast events per day and 12 blast events per week averaged over a calendar year, between 7:00 am and 5:00 pm Monday to Saturday.

Coal Transport All product coal is transported by rail (no road transport), up to 16 laden train movements per day

Coal Processing

CHPP including facilities to wash or bypass coal, 2600tph throughput of ROM Hopper and CHPP, stockpile capacity of 1,215,000t, train load out capacity of 5,000tph, rejects are loaded into trucks and co-disposed in the OEA.

Infrastructure See Table 4 Major assets by domain



2.2 Asset Register Table 3 below details the primary domains and rehabilitation within the MOP area, their size at the end of the MOP (PLAN3G) and the major assets contained within.

Table 4 Major assets by domain

Domain Size (ha)

Major Assets Comments

DOMAIN 1 Infrastructure

168

Including but not limited to:

Coal Handling Preparation Plant (CHPP) and associated infrastructure; rail loop and train load out facility, conveyors, stacker and reclaimer system, transfer stations and gantries, stockpile areas, ROM hopper and surge bins, thickener, reject bin, sewage plant

Maintenance infrastructure including; maintenance workshop, wash bays, chemical storage, electrical infrastructure, radio tower, fuel and lubricant facility

Fixed and temporary inpit infrastructure including; crib and park up amenities, fuel farm, explosives storage, bioremediation farm, hot tyre park up, dragline substations, laydown areas and maintenance pads/hardstands, roads network

Administration buildings, bathhouses, electrical infrastructure, access roads and parking facilities, core shed, helipad and ancillary infrastructure.

Assets within the Infrastructure Domain support the mining process for the production of saleable coal

Decommissioning includes disconnection of services, the removal of assets from the domain for relocation offsite, and remediation of the domain as per the rehabilitation tables.

DOMAIN 3

Water Management

57

Mine water dams and clean water dams, discharge dam (SDD) and point, hunter river intake, CW1 Dry Creek clean water diversion dam and associated infrastructure, pumps and pipelines.

Assets within the Water Management Domain are used to manage both clean and mine water around site.

Water management infrastructure not to be utilised in the post mining land use will be decommissioned and removed from site.



Domain Size (ha)


DOMAIN 4 Overburden

Emplacement 224

Temporary infrastructure from Domain 1 can be located on OEA’s including but not limited to: hot tyre park up, bioremediation farm, crib rooms, maintenance pads

Assets within the Overburden Domain support the mining process and allow the phases of rehabilitation to begin.

Decommissioning includes removal of infrastructure and plant from the area.

DOMAIN 5 Topsoil

Stockpiles 50 Topsoil

Used in Rehabilitation works to create secondary Domains

DOMAIN 6 Active Void

185

Mining equipment including but not limited to Dragline, Excavators, Loader, Dozers, Drills, Haul Trucks, auxiliary equipment, Lighting Sets, Pumps and Pipes.

Assets within the mining void are used in the process of mining to produce ROM coal.

Decommissioning includes the removal of all plant from the domain for relocation offsite.

DOMAIN 10 Temporary

Stabilisation 82 None

Temporary stabilisation will typically not contain any assets as the area is disused and awaiting rehabilitation.

DOMAIN 6 Active Void

168

Mining equipment including but not limited to Dragline, Excavators, Loader, Dozers, Drills, Haul Trucks, auxiliary equipment, Lighting Sets, Pumps and Pipes.

Assets within the mining void are used in the process of mining to produce ROM coal.

Decommissioning includes the removal of all plant from the domain for relocation offsite.

DOMAIN D - Pasture

159 Rehabilitated Land – Grazing Infrastructure

DOMAIN E - Woodland

166 Rehabilitated Land – Woodland, Native ecosystem

DOAMIN I – Final Void

0 N/A Not Started

DOMAIN K – Class III Pasture

5.7 Rehabilitated Land – Grazing Infrastructure

DOMAIN L – Dry Creek

Restoration 0 N/A Not Started



Domain Size (ha)


DOMAIN M – Tree

Restoration 0 N/A Not Started

2.3 Activities over the MOP Term Plans 3A – 3G show the annual sequence mining and rehabilitation over this MOP term. They can be referred to in conjunction with the text below that describe the mining related activities.

2.3.1 Geology and Exploration

The approved mining area contains a multi-seam coal deposit consisting of eight economically viable open-cut mineable coal seams. Bengalla currently extracts coal from the Warkworth seam to the Wynn seam (previously to the Edderton) which form part of the Wittingham Coal Measures (see PLAN 5). Bengalla is situated on the western limb of the Muswellbrook Anticline with the coal seams generally dipping to the west at approximately 5 degrees. The average strip ratio at Bengalla is approximately 3.5 bank cubic metres (bcm) of overburden to each ROM tonne (t) of coal recovered. Faulting and igneous intrusion are not significant influences on Bengalla’s mine design, although they do have a localised impact on scheduling, wall stability, groundwater and coal quality. Most faulting is high angle normal faults trending in a Westerly to North-westerly direction.

Initial exploration programmes over the mining tenements were planned with borehole spacing at approximately 600m. These boreholes include a mixture of open and cored holes and provide a broad understanding of the lithology and quality in future areas. As mining progresses, the pre-production drilling targets the area ahead of the mine (approximately two years out from disturbance) ideally with core (diamond) holes completed at 300m spacing and chip (open) holes at 100m spacing’s. Additional drilling also occurs to target anomalies uncovered by mining, structure such as faults, or geotechnical information for the safe management of mine design. The geology is logged in each borehole and geophysical properties are also obtained for correcting depth and thickness of the lithology’s. All collars are surveyed and coal is sampled from the core holes to provide detailed quality information. This provides a level of confidence in the definition and delineation of the available resource, used for detailed modelling for structure and quality.

Pre-production drilling outlined above is undertaken regularly at Bengalla across the mining tenements, and will continue to do so over the MOP period. Each year annual reports on coal exploration are completed and submitted to the NSW Department of Primary Industries / Minerals, separately for the Bengalla Group (ML1397,ML1450, ML1469 and ML1597), AL13 and Authorisation 438. Each report includes exploration activities and associated expenditure undertaken within the previous 12 month reporting period and proposed exploration activities and expenditures for the following 12 month reporting period (details for each reportable area can be found in the “Annual Report on Coal Exploration”, Bengalla Mining Company).



2.3.2 Construction

Construction activities over the MOP term include a combination of; relocation of existing inpit infrastructure generally ahead of mining, Dry Creek diversion works prior to mining through dry creek, and expansion work required to maintain and increase consented production levels.

Relocation of inpit infrastructure will continue as required to facilitate the mining process within approved areas. PLANS 3A to 3G show probable locations and disturbance areas for inpit infrastructure as the mine advances. This includes but is not limited to:

Inpit maintenance hardstands; Inpit Crib amenities and park up facilities; Inpit Fuel Farm; Water management facilities including water diversions, pipes and pumps, drainage

structures and dams; Bioremediation Farm Power line relocation/installation/decommissioning North and South Dragline substations Hot tyre park ups Haul and access roads

The current Staged Discharge Dam, washery Dam and Hunter river intake dam are currently planned to be relocated in 2017-2018, depending on mine progression. These existing facilities will still be utilised as long as mining allows.

The construction of a levee in the south western corner of the mine in early 2015 will allow mining to progress to the proposed extraction limit and prevent water from potentially entering the mine areas via dry creek in a 1 in 100 year flood event.

The approved WOEA Dump will be utilised as needed for dump capacity, with flat areas being utilised for inpit infrastructure as mining progresses.

Dry Creek Infrastructure works include the construction of CW1, a clean water dam positioned north of Wybong road and associated infrastructure.

Construction activities for expansion include:

Additional HME (excavators, trucks and ancillary equipment) Additional administration buildings and parking facilities Upgrades to maintenance facilities and workshop Upgrades to and additional CHPP infrastructure (ROM hopper, surge capacity, stockpile

areas, processing modules, processing rates, stacking and reclaiming systems, reject systems, train load out facilities)

Demolition activities are described in section 2.3.7



2.3.3 Mining Operations (including mining purposes)

2.3.3.1 Mine Design

The design of Bengalla mine operations is influenced by many physical, geological, economic, environmental and legislative factors and is aimed to maximise resource recovery. Delineating the mining reserves has been established based upon the limiting constraints defined by the lowest seam to be mined and the area extent of open cut mining.

The economic limit determined in the Initial Feasibility Study (1993), based on data provided in the original DMR tender papers was the base of the Edderton seam, although the final section of this seam was stepped up from in early 2014 due to economic factors, with the previous sections being stepped up from in the south due to managing geotechnical and safety issues.

The limit of oxidation (lox) line for the Edderton seam defined the eastern limit of the mine. This maximised the extraction of shallow Edderton coal and allowed full advantage to be taken of shielding provided by Overton Ridge. The western limit of mining is defined by the current 21-year approved mine plan area as indicated in the EIS, although mineable reserves exist out past the western boundary of ML1397, which is included in the Submitted BCMP application. The northern boundary of the lease area runs along Wybong road and adjoins Coal & Allied’s Mount Pleasant Project. Access to barrier pillar coal in the Wybong road corridor is not provided for in the Bengalla Development Consent. All seams mined at Bengalla continue northwards into Mount Pleasant.

In the initial mining strips, the southern limit was defined by seam subcrop. As mining progresses westward, the strips lengthen to the south and the constraint ultimately becomes the alluvial river flats since it is necessary to allow sufficient room for placement and rehabilitation of spoil without placing spoil on the alluvial flats. As a result of these limitations, the southern limit of mining trends to the southwest. Currently the limit of coal extraction is the north side of the 150m barrier zone to the Hunter River alluvium where the Wantana pit exists.

The strip length is currently up to 3km including the Wantana pit and runs in a north-south direction which is parallel to the sub crop and perpendicular to the dip. The seam dip has provided an acceptable slope for lower seams and relatively level floors for each strip in the north-south direction. The cross slope on the floor from east to west ensures the spoils are kept free draining and assists in the management of pit water.

The mine is designed as a dragline strip mine with prestrip undertaken by excavator and truck fleets. The nominal strip width is 60m to optimise the dragline operation and provide sufficient width for coal recovery operations. The dragline has an operating radius of 105m and a nominal digging depth of 55 m and a dumping height of 55 m.

The design criteria used for pit generation are assessed geotechnically and consist of a combination of different drill and blast treatments, wall heights and bench widths to allow the safe extraction of coal at the given production rate..

2.3.3.2 Mine Equipment

Bengalla’s mobile equipment fleet currently incorporates modern technology and includes a dragline, loading units including excavators and loaders, a fleet of trucks, and other ancillary equipment including bulldozers, water carts, graders, drills, fuel/lube trucks, pumps, lighting plants, loaders, and various light vehicles and service vehicles.



Bengalla owned mining equipment has been modified to meet stringent noise requirements to ensure Bengalla continues to meet consented noise limits criteria at private residences. To minimize noise generation, the fitting and maintenance of specially designed noise attenuation equipment has ensured quieter operating equipment, most notably the P&H model 9020 dragline and haul truck fleet.

2.3.3.3 Mining Sequence

The mining sequence for the prestrip fleet at Bengalla begins with topsoil removal and stockpiling, then continues into the cyclic process of drill and blasting of the overburden/interburden, moving the overburden/interburden with loading units and trucks to the overburden emplacement areas (OEA) to uncover the coal seam. The coal is then mined with loading units and trucks to be transported to the ROM Hopper to be processed. This process is repeated until the lower dragline horizon is reached where a similar process is followed with the main difference of the dragline moving the majority of the interburden from highwall to lowwall instead of loading unit and trucks.

As each strip is completed, the void created from the mining process is backfilled with the interburden from advancing strips. Once the OEA has reached the final landform height, reshaping is completed and topsoil is then removed from existing stockpiles or directly from the advancing prestrip and used on the shaped landform to start the rehabilitation process.

Figure 2: Schematic of Bengalla’s Mining Sequence

Over the MOP term mining is currently planned to take place in Strips 24 to 43 generally using the sequence outlined above. Mining occurs over several strips at any one time to allow the pre strip to prepare the next dragline strip as well as maintain coal flow.

2.3.3.4 Land Preparation

Land preparation for mining at Bengalla consists of both vegetation and topsoil removal for later use on post mining landform rehabilitation. Trees are stockpiled and used for native fauna habitats while topsoil is recovered and either used directly on re-shaped final landform or stockpiled for later rehabilitation.

Areas to be prepared for mining are first identified in the mining plan and are then marked with survey pegs by the mine surveyor. A Ground Disturbance Permit (GDP) is completed and an inspection of



the site is conducted which identifies vegetation to be removed and where topsoil need to be recovered and relocated. Vegetation and topsoil clearing ahead of mining areas is kept to a minimum and is generally restricted to two strips width ahead of the active mining area. Mining strips are nominally 60 m wide, but can vary from 55 m to 100 m in width. This allows for infrastructure development ahead of mining such as haul roads, power lines and water management structures.

2.3.3.5 Topsoil Stripping

Topsoil stripping is undertaken by loader and truck, after windrowing by bulldozer inside the surveyed area to ensure all suitable and available topsoil is removed for rehabilitation purposes. The depth of topsoil is stripped until clay or secondary horizons are observed by the operator. Whenever practical and to prevent dust generation, the topsoil is moistened but not saturated. Topsoil stripping is not undertaken when wind speeds are above 5.6 m/s or when there is the potential for windblown topsoil to dissipate across private residential areas.

Where possible, topsoil is stripped and immediately moved to reshaped landform areas for spreading. In the event that reshaped areas are not immediately available, topsoil is stockpiled within designated and surveyed areas such as on the unshaped areas of the overburden emplacement on the 270RL level and the 240RL south level or in areas ahead of mining. Where possible topsoil stockpiling alongside areas waiting to be reshaped ensures that the topsoil can be readily pushed without the need for rehandling.

2.3.3.6 Topsoil Stockpiles

Topsoil stockpiling will continue to be necessary at Bengalla to ensure adequate topsoil for rehabilitation, and the success of the post mining land use. Bengalla aims to keep topsoil stockpiling to a minimum through rehabilitation of available final shaped landform as it becomes available.

Where topsoil stockpiles are required, the following will be adopted;

Located away from trafficable or mine areas, trees or watercourses and placed on areas on flat topography or along the contour to prevent erosion,

Topsoil stockpiles and volumes will be identified and monitored for weed control Where possible, stockpiles will be limited to a maximum height of 3.0 metres Stockpiles will be designed to maximise surface exposure to the atmosphere, and Any topsoil stockpiled for greater than three months is revegetated using a preferred crop cover

seed mix.

2.3.3.7 Dehabilitation

There is expected to be only small amounts of dehabilitation that may occur as a result of progressive rehabilitation integration, apart from a section on the northern dump face above the existing temporary stabilisation to allow the updated landform to be established.



2.3.4 Rock/Overburden Emplacement

Mineral waste from mining overburden and interburden is hauled by truck, or placed directly by the dragline, into the Overburden Emplacement Areas (OEA) east of the active pit, into the void that has been created from mining. Previously the Southern Overburden Emplacement Area (SOEA) which was approved in October 2011 and commenced dumping in early 2012 was a separate dump but has now merged into the main OEA.

As each dragline strip finishes, the trucks begin to dump up to 20m behind the spoil peaks the dragline has completed and begin as soon as possible to develop the 7m lifts that allow for reject emplacement within the truck dump section of the OEA. Each 7m lift allows for 1-2m of reject and 5-6m of overburden for encapsulation, where rejects will either be dumped prior to, or dumped during encapsulation. The dragline as it starts the new strip will begin to fill the void from last strip just completed.

Bengalla does not have tailings storage facilities so reject material generated from the processing phase is conveyed to the 400t capacity reject bin, where haul trucks are loaded for co-disposal with overburden in the existing OEA. Reject material is either placed directly within cells developed in the existing OEA or is temporarily stored in pit during periods when the OEA cannot be accessed such as during adverse weather conditions. This material is then rehandled to final emplacement within the existing OEA.

The potential acid rock drainage (ARD) material associated with the Archerfield sandstone mined during the Wynn interburden, is mostly mined by the dragline, and placed on the western side of the dragline spoil piles and is subsequently covered with neutralising overburden from the final pass of the dragline operation as well as material hauled into position by the truck fleet. The portion of ARD material mined by excavator and truck is dumped as low in the dump as possible below the final surface.

The placement of reject, carbonaceous and acid rock drainage material is planned at least 5m below the final landform in order to minimise the possibility of spontaneous combustion associated with any carbonaceous material in the rejects. Reject material at Bengalla is typically benign. As the OEA is filled to final design it is progressively shaped and rehabilitated.

Over the MOP term the main OEA will continue to be filled up with particular focus on the southern edge that completes the Wantana Pit Backfill. This will ensure the rehabilitation of the south eastern faces is consistent with SSD-5170 and the Bengalla EIS 2013 and RTS 2014. This will further assist in improving noise and visual impacts on the township of Muswellbrook and the Muswellbrook Racecourse.

There are currently 2 Western Overburden Emplacement Area’s (WOEA) that are approved to be constructed pending mine planning requirements. The first was described in the EA (2010) and is on the eastern side of Dry Creek with a maximum capacity of 6.6Mlcm’s. The second is described in the Bengalla EIS 2013 and is on the western side of Dry Creek and has a capacity of 15Mlcm’s. This overburden emplacement capacity is to assist in alleviating the dump capacity shortage previously identified, although material is planned to be minimised where possible to avoid rehandle.

Due to overburden emplacement capacity issues currently experienced, Bengalla will continue to utilise the northern face until 2016. Then post 2016 Bengalla will begin the process of rehabilitating the northern face to the final landform as capacity in the dumps allows Bengalla to do so.



2.3.5 Processing Residues and Tailings

Coal is transported via haul trucks from the mine to the ROM hopper which has an approved capacity of 2600tph (tonnes per hour). The first stage of coal processing involves crushing ROM coal to less than 250mm in size. The crushed coal is then transported along a conveyor to a secondary crushing station where it is reduced to less than 50mm. After crushing, coal can be bypassed to product, direct fed into the coal handling and preparation plant (CHPP) or transported and stockpiled on the raw coal stockpile via conveyors.

Bengalla’s CHPP currently has three coal stockpiles in the handling and preparation process. The Raw coal stockpile has a capacity of up to approximately 200,000t and the two product stockpiles hold a combined volume of up to 500,000t. Current approvals is for 1,215,000t stockpile capacity.

The CHPP is a two stage plant that can change from single stage to two stage washing when required and has an approved capacity of 2,600tph. A combination of dense medium cyclones (DMC) and single stage spirals are utilised to process coal. After processing, the product coal is centrifuged for the purpose of moisture reduction and then stacked onto one of the two product coal stockpiles.

Product coal is reclaimed from the product stockpiles and transported to the train load out facility (TLO) which is a fully automated system that currently averages approximately 3,500tph into trains (with an approved capacity of 5,000tph).

Since Bengalla does not have a tailings dam, the fine reject material is thickened and dewatered on belt press filters, and then combined with other coarse reject streams generated from the processing and conveyed to a rejects bin, where haul trucks are loaded and taken to the existing OEA for co-disposal with overburden.

2.3.6 Waste Management

2.3.6.1 Non-Mineral Waste Management

Bengalla produces non-mineral waste such as scrap steel, oil and general waste as a result of its activities. Non-mineral waste that cannot be recycled and is considered non-hazardous is disposed of at appropriate landfill facilities, using licensed contractors. Hazardous non-mineral waste that cannot be re-used or recycled is collected and sent off site for treatment and specialised disposal by licensed contractors. The offsite treatment and disposal facilities used are audited to ensure that the wastes are appropriately disposed.

Bengalla operates a comprehensive non mineral waste management system that consolidates waste management into a single contract. This includes the day-to-day management of all major regulated, industrial and putrescible waste streams and recycling generated by the operation. A large focus of the waste management programme is placed upon correct handling, storage, segregation, recycling and reuse of materials.

To achieve this and improve upon waste recycling performance, employees are provided with regular training and awareness courses on different aspects of waste management, as well as feedback on Bengalla’s performance in these areas.



2.3.6.2 Sewage Waste

Bengalla has its own sewage treatment plant where sewage is passed through a series of aeration dams into a settling dam to allow settlement of solids. The liquid is then ponded with sufficient residence time to allow further settlement and aeration before being reused on site in the mine’s water management system.

2.3.7 Decommissioning and Demolition Activities

Most demolition activities will be associated with the relocation of inpit infrastructure. Demolition and deconstruction activities associated with rehabilitation to achieve post mining land use will be minimal as all of the planned Rehabilitation for this MOP term will be from the OEA.

2.3.8 Progressive Rehabilitation and Completion

The ability to rehabilitate is primarily controlled by areas released through the progression of the OEA’s that are filled to final surface as a result of the mining sequence. Once this is done rehabilitation phases can commence. Bengalla generally aims to rehabilitate OEA’s as soon as practically possible to assist in minimising environmental impact. This is discussed further in sections 5, 6, 7, 8 and 9.

The rehabilitation focus over the MOP term will be mainly to establish woodland domains in 2015 and 2016, and then pasture domains for the remaining years. The south eastern faces of the OEA will be primarily where the rehabilitation will take place with the northern face being rehabilitated towards the end of the MOP Term once dump capacity issues are resolved.

All of the existing and proposed rehabilitation has been assumed to remain in Phase 4 – Ecosystem and land use establishment since the completion criteria and domains have been updated to align with the new development consent SSD-5170. Once monitoring and revegetation has aligned with the new domains, the completion criteria will be assessed it is aimed to begin to progress some sections of the rehabilitated land into Phase 5 - Ecosystem and land use sustainability.

2.3.9 Material Production Schedule During MOP Term

The proposed material production schedules for Bengalla for the period covered by this MOP are shown below in Table 5

These production figures have been extracted from the Bengalla 2015 Annual Operating Plan (AOP), and may increase or decrease depending on the approved mine plan and sequence at the time.



Table 5: Material Production Schedule during the MOP Term

Material Production Schedule during the MOP Term

Material Unit Year 1 (2015)

Year 2 (2016)

Year 3 (2017)

Year 4 (2018)

Year 5 (2019)

Year 6 (2020)

Year 7 (2021)

Stripped topsoil Mm3 171,000 107,000 153,000 150,000 140,000 120,000 130,000

Rock/Overburden (Prime) Mm3 39.03 43.52 42.63 41.20 45.49 46.00 47.00

Ore (ROM Coal) Mt 9.61 10.71 10.72 10.75 10.78 10.70 10.70

Reject Material Mt 2.41 2.56 2.57 2.49 2.54 2.50 2.50

Product Coal Mt 7.81 8.78 8.78 8.87 8.87 8.75 8.75



3 Environmental Issues Management

3.1 Environmental Risk Assessment

The key risks associated with the proposed mining activities at Bengalla during the term of this MOP have been assessed using the likelihood ratings, maximum reasonable consequence ratings, risk matrix and classifications (Rio Tinto – HSEQ Qualitative Risk Analysis Handout v2.2, February 2014) listed in Table 6 to Table 9 respectively. Rio Tinto’s Risk Assessment process is based off AS/NZS ISO 31000:2009 Risk Management – Principles & Guidelines.

Table 6: Risk Likelihood Ratings

Class Likelihood Likelihood Description Frequency

A Almost certain Recurring event during the life time of the operation / project

Occurs more than twice per year

B Likely Event that may occur frequently during the life time of an operation / project

Typically occurs once or twice per year

C Possible Event that may occur during the life time of an operation / project

Typically occurs in 1-10 years

D Unlikely Event that is unlikely to occur during the life time of an operation / project

Typically occurs in 1-100 years

E Rare Event that is very unlikely to occur during the life time of an operation / project

Greater than 100 year event

Table 7: Maximum Reasonable Consequence Ratings

Class Consequence Consequence Description

1 Minor Near-source confined and promptly reversible impact on-site, with little or no off-site impact expected

2 Medium Near-source confined and short-term reversible impact on-site, with little and promptly reversible off-site impact

3 Serious Near-source confined and medium-term recovery impact on-site, with near-source confined and short-term reversible off-site impact

4 Major Impact that is unconfined and requiring long-term recovery, leaving residual damage on-site with near-source confined and medium-term recovery of off-site impacts

5 Catastrophic

Impact that is widespread (or unconfined) and requiring long-term recovery, leaving major residual damage on-site with off-site impacts that are unconfined and requiring long-term recovery and leaving residual damage



Table 8: Risk matrix

Consequences Likelihood

1 - Minor 2 - Medium 3 - Serious 4 - Major 5 -

Catastrophic

A – Almost Certain Moderate High Critical Critical Critical

B – Likely Moderate High High Critical Critical

C – Possible Low Moderate High Critical Critical

D – Unlikely Low Low Moderate High Critical

E - Rare Low Low Moderate High High

Table 9: Risk Classifications

Risk Class Risk Management Response

CriticalCritical Risks that significantly exceed the risk acceptance threshold and need urgent and effective attention.

High Risks that exceed the risk acceptance threshold and require proactive management. While proactive actions are undertaken, further risk reduction is impracticable suggesting a need for compensatory measures.

Moderate Risks that lie on the risk acceptance threshold and require active monitoring. The implementation of specific safeguards could be used to reduce risks further.

Low Risks that are very unlikely and of low consequence, and do not require active management. Nevertheless, some potential for certain risks to occur remains and could require specific monitoring.

Table 10 below outlines the key identified environmental risks and associated risk ratings. The ratings assume that the risks are untreated i.e. have not been addressed by specific risk mitigation measures other than routine design and operational practices.



Table 10: Environmental Risk Assessment

Issue M

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Exp

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Pre

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Was

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m

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Reh

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Reh

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and

m

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Mai

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fac

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Min

eral

Pro

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Rej

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ent

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Pro

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tock

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(to

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Sew

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No

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Wat

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Air Quality, Dust unless specified Low Mod High High High - Low Mod Low Mod - - -

Erosion and Sedimentation Low Mod Mod Low Mod Low Mod - - - - - Low

Surface Water Low Mod Mod Mod Mod Mod Mod High Low Low High Low High

Ground Water Low - Mod Mod - - Low - Low - Mod Low Mod Contaminated Land/ Hazardous Substances

Low - Mod Low Low Mod Mod Low Low Low High Low Mod

Acid Mine Drainage - - Mod Mod Low Low - - Low - - - Mod

Flora and Fauna Low Low Low - Low Mod - - - - - - -

Weeds and Vertebrate Pests - - - - Mod Mod - - - - - - - Operational Noise Mod High Mod High High - Mod High Low Mod - - Mod

Noise and Vibration Mod Mod High High Mod - Low Low Low Low - - -

Visual and Lighting Low Mod Mod Mod Mod Low Mod Low Low Mod - - -

Heritage (European) Low Mod Low Low Mod Mod - - - - - - -

Heritage (Aboriginal) Low Mod Low Low Mod Mod - - - - - - -

Spontaneous Combustion - - Mod Mod Low - - Mod Low Mod - - -

Bushfire Low - Mod Mod Low Low Low - - - - - -

Mine Subsidence - - - - - - - - - - -

Public Safety Low Low Mod Mod Low Low Mod Low Low - Low Mod Mod

Greenhouse Gas Low Low Mod Mod Low Low Low Low Low Low - - -

Non-Mineral Waste Management - - Low Low - - Low Low - - - Mod -



3.2 Environmental Risk Management

The RTCA Health, Safety, Environment and Quality (HSEQ) Management System streamlines current management system requirements from the health, safety and environment disciplines, incorporates current leading practices and supports the Rio Tinto performance standards which are mandatory for all Rio Tinto businesses. The HSEQ Management System provides for the integration of the existing Coal & Allied Safety Management System and Coal & Allied Environmental Management System. This integration streamlines the management activities used to uphold HSE performance.

The HSEQ Management System enables the operations to apply specific tools that support the implementation, execution and effectiveness of the Rio Tinto health, safety and environmental performance standards. The HSEQ management system is designed on the principles of continuous improvement and generally follows the layout of common international standards (including ISO14001) and the Plan, Do, Check and Review cycle:

Plan identify what is required; Do implement the activities; Check monitor performance through checking and corrective action; and Review evaluate the suitability, adequacy and effectiveness of the system through the

management review.

These steps are subdivided into 17 elements describing the requirements of the system, some of which will be implemented through the Rio Tinto Business Solution (an online information management system).

3.2.1 Environmental Management Documents

Management Strategies, Plans and Monitoring Programmes are prepared as required by development consent /project approval conditions. The Management Strategies and Plans have been developed with an understanding of the environmental areas that need to be managed and the results of the environmental assessments, including those required for approval.

Environmental procedures have been established, documented and maintained for all mining related activities that have a potentially significant impact on the environment. Procedures provide details of operation and maintenance of facilities, equipment and machinery where required.



Table 11: Environmental Management Documents

RTCA HSEQ System Rio Tinto Environmental Performance Standards

HESQ Management Policy Procedures

1. HSEQ Policy

2. Legal & Other Requirements

3. Hazard Identification & Risk Management

4. HSEQ Management Improvement Planning

5. Organisation, Accountability & Responsibility

6. Training, Competency & Awareness

7. Supplier and Contractor Management

8. Documentation & Document Control

9. Communication & Consultation

10. Operational Control

11. Management of Change

12. Disaster Management & Recovery

13. Measuring & Monitoring

14. Non-conformance, Incident & Action Management

15. Data & Records Management

16. Performance Assessment & Auditing

17. Management Reviews

E2 Air Quality Control

E3 Acid Rock Drainage Prediction & Control

E4 Greenhouse Gas Emission

E5 Hazardous Materials & Contamination Control

E6 Noise & Vibration Control

E7 Non Mineral Waste Management

E8 Mineral Waste Management

E9 Land Use Stewardship

E10 Water Use & Quality Control

Current Management Plans

Air Quality & Greenhouse Gas Management Plan Noise Management Plan

European Heritage Management Plan Water Management Plan

Aboriginal Heritage Management Plan Rehabilitation Management Plan

Site Biodiversity Management Plan Biodiversity Offset Management Plan

Blast Management Plan

Pollution Incident Response Management Plan

Slope and Dump Management Plan

Acid Rock Drainage and Mineral Waste Management Plan



3.2.2 Specific Risks relating to Rehabilitation

3.2.2.1 Geology and Geochemistry

The general geological context of the mine can be found in section 2.3.1. Below is the summary of the Geochemical Impact Assessment found in Appendix L of the 2013 Bengalla EIS:

All overburden apart from the Wynn Interburden (Archerfield Sandstone) has negligible (<1%) sulphur content, excess Acid Neutralising Capacity (ANC) and is classified as Non-Acid Forming (NAF).

All overburden material, apart from the ASS located above the Wynn seam, has a high factor of safety with respect to potential acid generation. Current management methods for ASS materials at the open cut are sufficient to minimise the risk of any significant impact to the environment;

The concentration of total metals in overburden (and coal reject materials) is well below applied guideline criteria for soils and is unlikely to present any environmental issues associated with revegetation and rehabilitation;

The concentration of trace metals and sulphate in run-off and seepage from overburden will be low;

Overburden will generate alkaline run-off and seepage with low salinity values following surface exposure. The salinity of run-off and seepage from overburden materials is likely to decrease over time;

Some overburden material may be sodic and have structural stability problems related to potential dispersion and erosion;

Coal reject contains elevated sulphur content however the only material that is classified as Potentially Acid Forming (PAF) is from the Wynn seam;

The concentration of trace metals and sulphate from most coal rejects will be low. However, Wynn coal reject materials have the potential to generate elevated concentrations of some metals (Al, Cd, Co, Cu, As, Ni, Se and Zn) if exposed to oxidising conditions; and

Current management methods for Wynn coal reject and other coal reject materials at the open cut are sufficient to minimise the risk of any significant impact to the environment.

Bengalla has an ARD and mineral waste management plan to manage the mineral wastes produced by mining. This minimises the potential influence of geochemistry issues affecting rehabilitation. It includes ARD, reject and carbonaceous materials which are all dumped at least 5m below the final landform. Bengalla’s OEA is net acid neutralising with approximately 93% of the waste going into it being acid neutralising and approximately 7% comprising of ARD Wynn Interburden or reject material. These figures are calculated annually through the internal mineral waste inventory memo.

3.2.2.2 Spontaneous Combustion

Coal and other carbonaceous materials can react with oxygen in the atmosphere to produce heat. In some cases heat can be trapped and the temperature of the material rises. This may lead to conditions that result in spontaneous combustion. Bengalla shall employ best practice procedures to minimise the likelihood of this process to occur within the constraints of the overall mining method. As a broad principle, known reactive materials are to be covered with thick layers of inert waste material. The maintenance of inert material over potentially reactive waste (as per design criteria) significantly reduces the risk of spontaneous combustion at Bengalla.

Bengalla has a low potential for spontaneous combustion influencing rehabilitation outcomes as any prone material is not used in or near rehabilitation works. Historical occurrences of spontaneous combustion have generally been isolated areas on the highwall where disturbed or oxidised coal has been left open to the atmosphere for a long period of time resulting in heating. Recently this has been in the Vaux2 and Warkworth1 coal seams.



The Vaux2 coal seam that has historically heated has been due to wasted sections of the seam (deteriorating quality) being blasted through as part of an interburden horizon and has been exposed to oxygen for several month, and when the coaling and drill and blast operations have occurred in the next strip this has accelerated the oxidisation of the wasted coal. The Dragline has then been required to dig this material out and bury it low in the OEA (within 100m of the pit floor, at least 100m below final surface). Management of spontaneous combustion in this seam consists of removing any wasted coal in the previous strip that is exposed at the top of the interburden to remove this risk, which has been shown to be effective mitigation.

The Warkworth 1 coal is the highest seam in the coal measures at Bengalla and is prone to spontaneous combustion when it is both oxidised by the weathering zone and blasted through as part of the overburden blast. If the Warkworth 1 coal seam spontaneously combusts it is removed by truck and excavators and buried as low in the OEA as possible from the available dumps active at the time, encapsulated with inert material well below the final surface.

3.2.2.3 Material Prone to Generating Acid Mine Drainage

Conditions favourable to producing ARD may occur when pyritic material is exposed to the atmosphere and water which react to produce acidic surface water or groundwater flows. Bengalla shall employ best practice procedures to minimise the likelihood of either of these processes to occur within the constraints of the overall mining method. As a broad principle, known reactive materials are to be covered with thick layers of inert waste material.

As mentioned in 3.2.2.1, Bengalla has an ARD and Mineral Waste Management Plan to manage the mineral wastes produced by mining. The Wynn Interburden has been identified as being potentially acid generating although this is very low risk. The management of dumping and encapsulating this material results in Bengalla having a low potential for acid mine drainage influencing rehabilitation outcomes.

3.2.2.4 Mine Subsidence

Mine subsidence is not an issue at Bengalla Mine as there is no underground mine activity.

3.2.2.5 Erosion and Sedimentation Control

There is potential for erosion and sedimentation on rehabilitated areas at Bengalla. The management of this is covered in Bengalla’s Water Management Plan, as well as in the TARP in section 9.2. The combination of maximum slopes on final landform design, water management on rehabilitation areas, stabilisation and vegetation all assist in minimising the potential for erosion and sedimentation.

Active mining and rehabilitation areas may utilise drains, dams, contour banks and pipelines to control erosion and sediment-laden water flow. These structures shall be regularly inspected. Erosion control within rehabilitated areas may be managed using the following techniques:

Construction of contour banks on steep areas to direct runoff water and minimise riling; Lined drop structures to collect runoff from contour banks and direct runoff to approved

sedimentation structures;



Ripping prior to seeding to increase water infiltration and soil moisture, and provide a seed bed for rapid germination; and

Planting of a cover crop on both pasture and tree seeded areas to stabilise the surface.

3.2.2.6 Soil Types and Suitability

Assessments of the suitability of topsoil for use in rehabilitation activities have been undertaken as part of the 2013 Bengalla EIS. Testing of the physical and nutritional properties of growth mediums is conducted prior to being used for rehabilitation in order to determine required ameliorants. More information on topsoil management can be found in sections 2.3.3.4, 2.3.3.5, 2.3.3.6 and 7.2.2

3.2.2.7 Flora and Fauna

Operational areas at Bengalla are located across predominantly Class IV and Class V grazing and agricultural land which has experienced extensive disturbance in the past. The majority of the leases have been cleared, grazed and were historically invaded by exotic grasses and shrubs. Species for the remnant vegetation communities identified in the study have been incorporated into the Woodland domain, Domain E.

The Bengalla EIS 2013 and Bengalla RTS 2014 includes an Ecological Impact Assessment that details the Flora and Fauna identified in the study area. This will be used as part of the Ground Disturbance Permit (GDP) process as per Bengalla’s EMS, and well as required management plans including the biodiversity management plan.

Bengalla currently manages weed control under two separate management plans, one for the Hunter River and one for the Bengalla lease areas. These plans form the basis for weed control activities at Bengalla. The weed management plan for the Hunter River was developed in co-operation with Mt Arthur Coal in 2005 and covers a 24 kilometre stretch of river (16 kilometres Bengalla owned land and eight kilometres Mt Arthur Coal owned land).

As an initial response to the annual rehabilitation monitoring programme report (dated December 2014) and annual rehabilitation audit report (dated December 2014), in February 2015 a 10 day weed management program was undertaken and targeted Boxthorn, Acacia Saligna, Galenia and Paterson's Curse in rehabilitated land on the OEA (i.e. areas rehabilitated between 2002 and 2013). The whole site weed management program and the topsoil stockpile weed management program are ongoing programs and will also continue to be implemented over the MOP period.

3.2.2.8 Air Quality

Air quality monitoring at Bengalla consists of a range of technology to ensure accurate and reliable monitoring of air quality impacts on the surrounding environment. Bengalla shall operate and manage an air quality monitoring network in accordance with SSD-5170.

Bengalla aims to proactively manage dust and effectively apply operational controls to reduce or minimise dust. These controls include, but are not limited to the following practices:



Spraying recycled mine water using a fleet of water carts on trafficked haul roads; Operation of dust suppression equipment on drills used within the mine site; Rehabilitation of disturbed areas as soon as practicable to minimise the generation of wind

eroded dust; Operation of automatic water sprays on coal stockpile areas; Enclosed ROM hopper with automatic water spray and fully enclosed coal conveyor systems in

exposed areas; Blasting constraints configured to Bengalla’s real time meteorological and temperature

inversion stations; Bitumen sealing of frequently travelled roads within the CHPP; Changes in haul road configuration and utilisation where practical to reduce dust; Real – time air quality monitoring (24hr PM10) and meteorological data are assessed regularly

with operations relocated, modified and/or stopped as required; All out-of-pit mining operations (including overburden dumping, shaping and topsoil stripping)

are ceased when the average hourly wind velocity exceeds 5.6 m/s; and All excavation is stopped if dust was to affect the visibility or safety on adjacent public roads.

3.2.2.9 Slopes and Slope Management

Bengalla operates under a Slope and Dump Management Plan (SDMP) that manages geotechnical risks across site that includes lowwall stability. This directly relates to the final landform through ensuring a safe and stable dumps are designed and created during the mining process, and remains stable during and after rehabilitation.

3.2.2.10 Surface Water

Bengalla’s water management system has been designed to minimise the use of fresh water from the Hunter River. This is achieved through maximising the recycling of CHPP process water by dewatering rejects and utilising secondary quality water where possible across site. Wherever possible mine water and treated sewage water are used for coal processing and dust suppression.

Any required discharge events at Bengalla shall be managed under the guidelines of the Hunter River Salinity Trading Scheme (HRSTS). It is anticipated that any discharges will continue to remain infrequent and only be required following periods of prolonged heavy rainfall.

Managing surface and sub-surface water is a challenge for the operation due to a number of different factors. They include, but are not limited to:

the changing hydrology and availability of pit water; unreliable rainfall compared with a predicted long-term average; and variances in water usage and demand.

All dams within the mine lease area shall be monitored for pH, electrical conductivity (EC) and total suspended solids (TSS) on an annual basis. This monitoring programme provides necessary baseline data as well as information relating to the impacts, if any, from the mining operation for all site water resources.



3.2.2.11 Ground Water

To ascertain potential impacts upon groundwater from mining activities at Bengalla a groundwater monitoring network has been established around the mine and on adjoining land. The monitoring network targets three aquifers; an unconsolidated aquifer, a shallow hard rock aquifer and a deep hard rock aquifer.

3.2.2.12 Contaminated Land

Land contamination may occur as a result of hydrocarbon or other chemical spills. Bengalla minimises any potential risk to the environment from contaminated land with the implementation of a set of comprehensive control strategies and procedures. Control measures include:

a chemical approval process; a strong focus on waste management and recycling; prompt spill response and remediation, bunding and containment to isolate and prevent site contamination; updated contaminated land site register; formal process utilising external contaminated land consultants to decommission contaminated

sites; and Bengalla operates a bioremediation facility where any soil contaminated with hydrocarbons is

placed for remediation.

3.2.2.13 Greenhouse Gasses, Methane Drainage and Venting

Mining activities involve using large amounts of energy to move large volumes of earth and coal. Energy use forms a large proportion of our greenhouse gas emissions. By moving material in the most efficient way possible, energy use is reduced, along with greenhouse gas emissions and costs. Bengalla tracks energy use for every unit of work completed. In addition to the emissions produced from the energy Bengalla use, total greenhouse gas emissions include fugitive emissions. Fugitive emissions of carbon dioxide and methane naturally occur in coal seams and are released to the atmosphere during the mining process.

It is important that Bengalla contributes to climate change solutions and invests in research and development initiatives to find ways to reduce our greenhouse gas emissions throughout the coal chain.

Bengalla (and Coal & Allied) actively manages the energy footprint and greenhouse gas emissions profile. Bengalla has a climate change programme which has objectives in four key areas:

The active research and promotion of technologies that reduce carbon dioxide emissions from the use of coal;

The improved use of energy at our operations, projects and supply chain; Designing future projects with energy efficiency and climate change risks considered; and Raising awareness amongst stakeholders that climate change is an issue that requires us all to

change how we currently operate.



3.2.2.14 Blasting

Blasting at Bengalla is managed as per the site’s EMS procedures and conditions of SSD-5170.

Bengalla’s standard blast design guidelines, which include blast face profiling to ensure that the ‘front’ row of any free face blasts has sufficient burden to prevent a ‘blowout’ of explosive force shall be utilised in all blasts designed. The burden and spacing design incorporates pattern tie-ups to minimise environmental impacts such as dust, fume, air blast and also vibration which has proven successful over the blast events this year. High Precision GPS systems and survey control maintain the accuracy of drill positioning and hole depth within the blasting patterns to minimise blasting impact. Computer programmes that simulate blast patterns are also used to further reduce the impacts of blasting.

Prior to each blast being undertaken, the RTEMS system shall be accessed and data from Bengalla’s meteorological station used to determine the potential effects of blasting at the scheduled blast time. Wind speed, wind direction and temperature inversion are all to be taken into account when determining suitability of blast time. The location of the blast in the pit and size of the area being blasted shall also be considered to ensure minimal blasting impacts occur. The scheduled blast will be postponed if wind speed, wind direction or temperature inversion changes do not meet the specified Bengalla blasting criteria (Bengalla Meteorological Restrictions for Blasting) unless other circumstances related to safety prevail.

Blast monitoring units are installed to fulfil the site’s regulatory requirements in relation to blast monitoring. The blast monitoring system operates in real time, relaying blast results to a website that is accessible 24 hours a day by Bengalla staff.

3.2.2.15 Noise

To comply with development consent conditions, BMC implements the following noise management measures to minimise noise as far as practical at private receivers:

Review of local forecasted meteorology to predict potential noise enhancing conditions and plan

operations;

Operation of a real time noise monitoring system and supplementary attended monitoring at

night to provide feedback regarding the operation’s acoustic performance;

Operation of mobile plant in shielded sections of the mining area during the night period;

Completion of surface work, including clearing, topsoil stripping, stockpiling and rehabilitation,

during the day period;

Mine planning for the scheduling and siting of active dump areas and haul roads away from

impacted private receivers during night time operations;

Construction of noise and visual bunds and tree screens surrounding the operation;

Installation of noise attenuation units on mobile and some fixed plant;

Regular maintenance of all mobile plant to manufacturer’s specification;

Design and construction of the ROM hopper with best practice modifications;

Regular independent attended noise monitoring surveys at representative private receiver

locations;

Consideration of noise impacts during risk assessments and change management procedures

for substantive changes to operating conditions; and

Provision of noise awareness training to all employees.



3.2.2.16 Visual and Lighting

To manage any offsite lighting impacts and ensure that the visual amenity of surrounding residences is impacted as little as possible, Bengalla will continue to follow a stringent set of guidelines, which is documented in the site’s EMS. Various management techniques may be utilised for the control and minimisation of visual impacts, which include:

light casing, direction assessment and consideration of light source observable off site monitored;

visual bunds established to improve the visual amenity of the site; training and awareness initiatives are provided to educate employees about the sensitivity of

Bengalla’s proximity to local residents and the need to minimise stray light; an annual visual impact survey; nightly attended monitoring by mining personnel; and all new lighting installed meets specification in Bengalla’s EIS/EA.

3.2.2.17 Heritage (European and Aboriginal)

Issues relating to Aboriginal cultural heritage are managed in accordance with the National Parks and Wildlife Amendment Act 2010 and the EP&A Act via Bengalla’s Aboriginal Cultural Heritage Management Plan.

Bengalla acknowledges the cultural importance that Aboriginal archaeological sites represent to the local Aboriginal people. Sites that have been identified and do not have an Aboriginal Heritage Impact Permit (A HIP) and are close to mining operations are protected by fencing and signage to prevent accidental disturbance and to assist in safeguarding the condition of these sites for future years.

Archaeological and heritage assessments are to be undertaken prior to any new mining activities, in consultation with the local Aboriginal community. The significance of each site shall be assessed to determine the need for further investigation and whether there are any options for conservation. Where mining will impact upon Aboriginal sites, an Aboriginal Heritage Impact Permit (previously S.90 Consent to Destroy) shall be sought from the Director-General of the OEH.

Two areas of European heritage significance, as listed in the Heritage Act register of Heritage Orders, Hunter Regional Plan Heritage schedule and the National Trust register, are the Bengalla homestead (c1877) and Overdene property (c1860), which have both been listed as items of local significance. In addition to these homesteads, Bengalla will continue to perform maintenance on a number of other heritage areas on its landholdings including the Keys Family Cemetery and Overton homestead.

3.2.2.18 Bushfires

The objectives of bushfire management at Bengalla are to minimise the risk of bushfires and rapidly control outbreaks should they occur. Bengalla has in place a number of effective measures for the prevention and control of bushfires which include periodically slashing roadsides verges, maintaining tree-lot undergrowth areas free of grass and fuel build-up and grazing of pastures. A fully equipped mobile fire-fighting unit, along with a current fleet of five water carts (70-80,000L capacity each) is also on hand should a fire outbreak occur within the lease holding.



3.2.2.19 Public Safety

In the context of this MOP, public safety at Bengalla relates to access to the operation from public roads. The open-cut operation is fenced, gated and signposted at the boundary perimeter to prevent trespassers from accessing the mine.



4 Post Mining Land Use

4.1 Regulatory Requirements

The regulatory requirements specific to post mining land use at Bengalla are summarised in Table 12. The conditions provided in the mining leases apply only to the land within each lease. The conditions provided in the Development Consent apply to the land within the approved operations

Table 12: Regulatory Requirements

Reference Requirement

Mining Lease

ML 1397,

Condition 8

[22]

If so directed by the Minister, the lease holder shall rehabilitate to the satisfaction of

the Minister any lands within the subject area which may have been disturbed by

the lease holder.

ML 1397,

Condition 9

[23]

Upon completion of operations on the surface of the subject area or upon the expiry

or sooner determinations of this authority or any renewal thereof, the lease holder

shall remove from such surface such buildings, machinery, plant, equipment,

constructions and works as may be directed by the Minister and such surface shall

be rehabilitated and left in a clean, tidy and safe condition to the satisfaction of the

Minister.

ML 1397,

Condition 10

[24]


the Minister and within such time as may be allowed by the Minister any lands

within the subject area which may have been disturbed by mining or prospecting

operations whether such operations were or were not carried out by the lease

holder.

ML 1450,

Condition 8

If so directed by the Minister the lease holder shall rehabilitate to the satisfaction of


the lease holder.

ML 1450,

Condition 9

Upon completion of operations on the surface of the subject area or upon the expiry

or sooner determination of this authority or any renewal thereof, the lease holder




Minister.

ML 1450,

Condition 10





holder.

ML 1469,

Condition 21

If so directed by the Minister the lease holder shall rehabilitate to the satisfaction of


the lease holder.

ML 1469, Upon completion of operations on the surface of the subject area or upon the expiry



Condition 22 or sooner determination of this authority or any renewal thereof, the lease holder




Minister.

ML 1469,

Condition 23





holder.

MLA 493 (Auth102) To be determined

MLA 494 (AL13 & Auth 438) To be determined

PTF ML1645 (ML1645 part transfer) To be determined

Development Consent SSD-5170

Schedule 3,

Condition 44

Rehabilitation Objectives The Applicant shall rehabilitate the site to the satisfaction of the DRE. The rehabilitation must comply with the objectives in Table 15 and be consistent with the conceptual final landform plan shown in Appendix 9. Table 15: Rehabilitation Objectives

Feature Objective

Mine site (as a whole) Safe, stable and non-polluting Final landforms designed to incorporate natural

micro-relief and natural drainage lines, which, where reasonable and feasible, further avoid straight run drainage drop structures, to integrate with surrounding landforms

Overburden Emplacement Area – exposed to Muswellbrook and Denman

Rehabilitate the entire face with high density woody vegetation as soon as practicable following the completion of mining operations

Final void Designed as a long term groundwater sink and to maximise groundwater flows across back-filled pits to the final void

Minimise to the greatest extent practicable: o the size and depth of the final void o the drainage catchment of the final void o any high wall instability risk o risk of flood interaction (flows in and out of the void)

Maximise to the greatest extent practicable the final void landform to be in keeping with the natural terrain features of the surrounding landscape

Agricultural land Restore or maintain land capability generally as described in the EIS and shown conceptually in Appendix 9

Revegetation areas Restore a minimum 10% treed coverage at the mine site

Higher density planting along the riparian zone of the Dry Creek reinstatement, and around the final void

Dry Creek reinstatement

No net loss of creek length Restore, maintain and/or improve hydrological and

ecological function, quality and geomorphic stability Incorporate erosion control measures based on

vegetation and engineering revetments Revegetate with suitable native species



Surface infrastructure To be decommissioned and removed, unless DRE agrees otherwise

Community Ensure public safety Minimise the adverse socio-economic effects

associated with mine closure

Schedule 3,

Condition 44

Progressive Rehabilitation The Applicant shall carry out rehabilitation progressively, that is, as soon as reasonably practicable following disturbance (particularly on the face of emplacements that are visible off-site). Interim stabilisation measures must be implemented where reasonable and feasible to control dust emissions in disturbed areas that are not active and which are not ready for final rehabilitation. Note: It is accepted that parts of the site that are progressively rehabilitated may be subject to further disturbance in future.

Schedule 3,

Condition 46

Rehabilitation Management Plan The Applicant shall prepare and implement a Rehabilitation Management Plan for the development to the satisfaction of the DRE. This plan must: (a) be submitted to the DRE for approval within 6 months of the date of this consent; (b) be prepared in consultation with the Department, NOW, OEH, Council and the CCC; (c) be prepared in accordance with relevant DRE guidelines; (d) describe how the rehabilitation of the site would be integrated with the implementation of

the biodiversity offset strategy; (e) include detailed performance and completion criteria for evaluating the performance of

the rehabilitation of the site, including over the long term following completion of mining operations, and triggering remedial action (if necessary);

(f) describe the design specifications and measures that would be implemented to ensure compliance with the relevant conditions of this consent, and address all aspects of rehabilitation including mine closure, final landform including final voids, and final land use;

(g) include interim rehabilitation where necessary to minimise the area exposed for dust generation;

(h) include a research program that seeks to improve the understanding and application of rehabilitation techniques and methods in the Hunter Valley;

(i) include a schedule for establishment of native vegetation corridors and habitat linkages across the site;

(j) include a landscape management plan for the proposed Bengalla Link Road realignment; (k) include a plan for the reinstatement of Dry Creek including:

o detailed design specifications for the reinstatement of the creek; o a schedule of works describing how the reinstatement work would be staged and

integrated with mining operations and the final landform; o a revegetation program; o hydrological, ecological and geomorphic performance and completion criteria for the

reinstated creek based on the assessment of baseline conditions; and o a program to monitor, maintain and/or improve the hydrological and ecological

function, quality and geomorphic stability of the reinstated creek; (l) include a program to monitor, independently audit and report on the effectiveness of the

measures, and progress against the detailed performance and completion criteria; and (m) build to the maximum extent practicable on other management plans required under this

consent.



Appendix 9 Conceptual

Final

Landform

4.2 Post Mining Land Use Goal In accordance with the conditions of Development Consent (SSD-5170), Bengalla is required to address all aspects of rehabilitation, including the development of post mining land use objectives and the implementation of measures to achieve such objectives.

Bengalla has committed to develop an undulating, free draining post mining landform that is consistent with the surrounding environment. The majority of the post mining landform will support a mixture of native bushland and agriculture (i.e. cattle grazing) with the exception of the face of the OEA that is exposed to Muswellbrook and Denman which will be rehabilitated with high density woody vegetation. Rehabilitation will be conducted progressively, focusing on linking remnant vegetation with rehabilitation and using pastoral and native bushland seed mixes which contain native species and have proven successful in previous use.

The future reinstatement of Dry Creek will closely resemble existing conditions at the site while maintaining the potential for stream energy during peak flows to be dissipated through bed friction and minimised movements and will aim to be reproduced to a quality similar or greater to that which currently exists. Rehabilitation areas will be monitored to ensure that rehabilitation objectives are being met and that the revegetation and long term landform suitability is achieved. This approach is consistent with the objectives provided in SSD-5170, the Environmental Impact Statement for the Continuation of Bengalla Mine (Hansen Bailey, 2013) and the Continuation of Bengalla Mine Response to Submissions (Hansen Bailey, 2014).

The post mining land uses were nominated as feasible practices on the rehabilitated landform considering:

Slope, land class, soil types and water requirements; Community and stakeholder acceptance; Health and safety considerations; Regulatory requirements and legal liability; and Contribution to the local economy and employment.

The conceptual final rehabilitated landform design and land use domains are provided on Plan 4.



As part of the mine closure process, BMC is committed to the achievement of leading practice completion criteria, as this will ensure the long term protection and management of the post mine landscape and its biodiversity, aesthetic and agricultural values. Rehabilitation completion criterion for Bengalla is provided in Section 6.

4.3 Rehabilitation Objectives

The rehabilitation objectives for the project are described in Schedule 3 Condition 44 of the Development Consent which has been listed in section 4.1, previous.



5 Rehabilitation Planning

5.1 Domain Selection

Primary domains are defined as land management units within the mine site, usually with unique operational and functional purpose and therefore similar geophysical characteristics. Secondary domains are land management units characterised by a similar post mining land use objective.

It is likely that most domains will require a different rehabilitation methodology to achieve the intended post-mining land use. Domains for Bengalla have been determined in consideration of the specific requirements of the mining location and local environment. The key domains for Bengalla, as shown in PLAN2, PLAN3Series and PLAN4, are outlined in Table 13.

Table 13: Bengalla Primary and Secondary Domains

Code Primary Domain (Operational) Code Secondary Domain (Post Mining Land Use)

6 Active Void I Final Void

3 Water Management K Rehabilitation Area – Class III Pasture

1 Infrastructure D Rehabilitation Area – Pasture

4 Overburden Emplacement Area E Rehabilitation Area – Woodland

5 Topsoil Stockpiles L Rehabilitation Area – Dry Creek Reinstatement

10 Temporary Stabilisation M Tree Restoration Areas

Further information on these domains and the key issues that pertain to their management is provided in the following sections. It should be noted that Primary Domains will change in both area and shape as the mine progresses whereas the Secondary Domains will remain the same which are based on the Post Mining Land Use. In other words, typically a unit of land that is planned to be mined will cycle through several primary domains before it finishes up with a secondary domain when it is rehabilitated. An example of this is:

1- The Land unit may start off as either infrastructure or water management, 2- As mining approaches it, it will become an active void when it is mined through, 3- Then once mined will become an Overburden emplacement area, 4- It may then become a topsoil stockpile on the overburden once final landform is reached, 5- Until finally when it’s operational requirement is complete it will transition into a secondary

domain to become rehabilitated.

The secondary domains have been designed to exist over the majority of the lease area for completeness, although if the land has not been disturbed for the purposes of mining it will not be classed as rehabilitation and therefore not be required to meet the associated completion criteria. In addition to this the Bengalla Homestead area has been excluded from the secondary domains due to its heritage listing.



As with the establishment of the planned domains, there will evidently be blending between domains where different vegetation species are listed. This is to be expected and will be monitored through rehabilitation monitoring programs and if required changed through successive MOP updates or AEMR reports.

The guidelines require creation and reporting of combined Primary and Secondary Domain land units in several sections of the MOP although due to the changing nature of Primary Domains outlined previously, this complicates the process. For simplification, some sections of this MOP will focus on rehabilitation in terms of the Secondary domains only since these Domains primarily relate to Rehabilitation and Post Mining Land Use and the Primary Domain component in terms of Bengalla Mine is typically managed in the first phase of rehabilitation - decommissioning.

5.1.1 Primary Domains

5.1.1.1 Domain 6 - Active Void

There will be one Active Void during the MOP period. It is defined by the active highwall/extraction area where mining occurs. It is aligned generally north-south, has a strike length of approximately 3.0km and moves westward as mining progresses.

5.1.1.2 Domain 3 - Water Management

Water Management areas include the network of dams, pipes, pumps, and water contours/diversions that compose the Bengalla water management system and that is in place to control the movement of both clean and mine water around the site.

5.1.1.3 Domain 1 - Infrastructure

Infrastructure areas assist in the mining process and are largely split into either the Main\Mine Infrastructure Area (MIA) where mostly permanent infrastructure is, and Inpit infrastructure that moves around as the mine progresses. The main infrastructure items are listed in section 2.2.

5.1.1.4 Domain 4 - Overburden Emplacements Areas

Overburden Emplacement Areas (OEA) store the waste rock and reject material (placed into cells and capped) created during the mining process to uncover coal. The OEA continues to grow in a westerly direction following and filling the Void created by mining. Once the OEA has reached the designed final landform height and there is no longer a need for the space operationally, the rehabilitation process can start, beginning with decommissioning and landform establishment.

5.1.1.5 Domain 5 - Topsoil Stockpiles

Topsoil stockpiles are created when topsoil stripped from mining cannot be utilised immediately in the rehabilitation process. There will always be a requirement for base load of topsoil stockpiles required as this will be used to rehabilitate the active mining areas, the size being a balance between the



available resource being recovered, the size of the active mining area, and the rehabilitation requirements on the OEA. There will generally be a need for a combination of short (<3 months), medium (<5 years) and long (>5 years) term stockpiles. Medium and long term topsoil stockpiles will be sown with the sites pasture mix which can be found in section 7.2.5.1.

5.1.1.6 Domain 10 – Temporary Stabilisation

Areas of temporary rehabilitation maybe required in the operational area when large areas will become inactive but the future operational requirements are not complete. These areas are temporarily stabilised to minimise visual and dust impacts if they will remain inactive for long periods of time.

5.1.2 Secondary Domains

5.1.2.1 Domain I - Final Void

The Final Void is the remnant open pit left at mine closure. Defined by a single void, its modelled long term water level is 70RL at 1000 years, and will have sufficient freeboard and as such, will not require a spillway as it is not free draining. It will be created in 2039 which is the expiry of the Development Consent. The void will be aligned generally north-south and will have a strike length of approximately 3.0km.

The currently approved location of the final void is at the limit of approved open cut mining at this stage and, has no alternative location. However, recoverable coal reserves have been identified to the west of currently approved mining operations at Bengalla. Should Bengalla be granted approval to continue mining to uncover these reserves, the location of the final void will change.

All slopes will be battered back to ensure long term geotechnical stability. Surface water drainage on and over the lowwall will be minimised through the construction of drainage control structures with the aim of diverting as much of the catchment as possible away from the final void and back into the surface water system.

5.1.2.2 Domain K – Rehabilitation Area – Class III Pasture

Class III Pasture is a small domain on the top of the OEA with minimal slopes, created from soils recovered from the Southern Overburden Emplacement Area (SOEA) approved in Modification 4 of the development consent DA211/93 . The soil profile is the main difference between Domains B and C as the soil recovered from the SOEA area prior to emplacement was used to re-create a Class III land capability.

5.1.2.3 Domain D - Rehabilitation Area - Pasture

Class IV and V Pasture areas cover the majority of the Post Mining Landform. Pasture areas will be reconstructed from mostly exotic species that have been proven overtime on both farms and mines in the upper hunter valley and can be safely used. The pasture species list is found in section 7.2.5.1. Native vegetation (selected from the Woodland Domain) will be included in the Pasture areas to



create biodiversity connectivity through native vegetation corridors as well as windbreaks and wood lots for stock shelter. Grazing productivity will be in accordance with land capability.

5.1.2.4 Domain E - Rehabilitation Areas - Woodland

The Woodland domain is predominantly the high density woody vegetation area required for the eastern faces of the OEA. The predominant species for this domain come from Grey Box – Ironbark Woodland and Ironbark – Spotted Gum – Grey Box Woodland. The current species list contains a range of other species as well as the dominant eucalyptus species which provides greater diversity and is typical of some of the more intact remnant communities in the Upper Hunter Valley, and can be found in section 7.2.5.2

5.1.2.5 Domain L - Rehabilitation Areas – Dry Creek Reinstatement

The Dry Creek reinstatement domain will reinstate areas of Dry Creek to mimic existing conditions while maintaining the potential for stream energy during peak flows to be dissipated through bed friction and minimised movements. The aim is to reproduce the domain to a quality similar or greater to which currently exists by using collected pre mining baseline ecological information. It will contain species that are characteristic of the Hunter Floodplain Red Gum Woodland Community in the reconstructed bed and riparian areas. This domain is bound by areas of pasture so these pasture species will naturally integrate over time.

5.1.2.6 Domain M – Tree Restoration Areas

This section contains requirements to tree corridors and tree restoration areas as indicated in the revised conceptual final landform in the SSD-5170 consent conditions, 2014 Response to submissions and the 2013 EIS.

5.2 Domain Rehabilitation Objectives

The rehabilitation objectives (at completion) for the domains identified in Section 5.1 are defined in Table 14. They have been adapted from development consent requirements into simple biophysical objectives that will be used to identify the relevant performance indicators for each secondary domain. It is considered that since Primary Domains are operational and do not form part of the post mining land use, therefore only secondary domains will have final rehabilitation objectives

Table 14: Rehabilitation Objectives

Domain Final Rehabilitation Objective

Primary Domains

Domain 6 - Active Void Infrastructure decommissioned and rehabilitated to the relevant Secondary Domain Objectives

Domain 3 - Water Management Infrastructure decommissioned and rehabilitated to the



Domain Final Rehabilitation Objective relevant Secondary Domain Objectives

Domain 1 - Infrastructure Areas Infrastructure decommissioned and rehabilitated to the relevant Secondary Domain Objectives

Domain 4 - Overburden Emplacement Areas

Infrastructure decommissioned and rehabilitated to the relevant Secondary Domain Objectives

Domain 5 - Topsoil Stockpiles Infrastructure decommissioned and rehabilitated to the relevant Secondary Domain Objectives

Domain 10 – Temporary Stabilisation

Infrastructure decommissioned and rehabilitated to the relevant Secondary Domain Objectives

Secondary Domains

Domain I – Final Void

Safe, stable and non-polluting, Water quality from rehabilitation areas are non-polluting. Specific Rehabilitation conditions are met

Domain K – Rehabilitation Area – Class III Pasture

Safe, stable and non-polluting, Integrates into surrounding landforms and is suitable for

Post Mining Land Use. Soil/growth medium chemical and physical properties are

suitable for establishment of the post mining land use. Established ecosystem is suitable for agreed post mining

land use Water quality from rehabilitation areas are non-polluting. Specific Rehabilitation conditions are met

Domain D - Rehabilitation Area – Pasture





Domain E – Rehabilitation Area – Woodland







Domain Final Rehabilitation Objective

Domain L – Rehabilitation Area – Dry Creek Reinstatement





Domain M – Tree Restoration Areas Specific Rehabilitation conditions are met

5.3 Rehabilitation Phases

The ultimate rehabilitation objective at Bengalla is for the post-mining land use to be compatible with surrounding land uses and provide environmental and community benefits. This will be achieved through a series of conceptual phases which are described as:

Phase 1 – Decommissioning Phase 2 – Landform Establishment Phase 3 – Growing Media Development Phase 4 – Ecosystem and Landuse Establishment Phase 5 – Ecosystem and Landuse Sustainability Phase 6 – Land Relinquishment

5.3.1 Decommissioning

In the context of this MOP, decommissioning is the first phase of rehabilitation initiated by the process where an operational activity in a given area is completed and can now transition from a primary domain into a secondary domain and begin the first phase of rehabilitation by removing physical components installed by the mining process. Depending on the Primary domain the area has transitioned from, the amount of decommissioning will vary, i.e.: for the OEA minor mobile equipment will be required to be moved quickly, whereas for permanent infrastructure areas a more involved structural and chemical decommissioning process will be required. The performance indicators and completion criteria, together with the reference and source for this data as it relates to the decommissioning stage are provided in Table 16.

5.3.2 Landform Establishment

In the context of this MOP, Landform Establishment is the processes involved to achieve a stable final landform including slopes, erosion controls, and drainage lines with integrated landscape features, which are compatible with surrounding landforms. Landform establishment includes the activities of shaping unformed rock or other sub-stratum material into a desired land surface profile, which



includes earthworks activities such as cut and fill, rock raking, water storage and drainage construction.

The performance indicators and completion criteria, together with the reference and source which describe structures and method for this data, as relate to the Landform Establishment Stage are provided in Table 17 and address: stabilising landforms; minimising erosion; preventing water pollution; preventing access to open pits or other hazardous locations; enhancing visual amenity; and site user, stock and fauna safety.

The final landform and rehabilitation domain types for Bengalla during the life of the MOP are shown on PLANS 3A – 3G inclusive. The final landform and land-use at closure and completion of rehabilitation are shown in Plan 4.

5.3.3 Growth Media Development

In the context of this MOP, Growth Media Development incorporates the initial processes involved to achieve a soil which is capable of supporting a sustainable plant community. Even though soil structure can take years or decades to develop which is an ongoing process as the ecosystem develops, only performance indicators that are required for the initial development of the growth medium will be included, allowing the rehabilitation to progress into the next phase of ecosystem and land-use development. Growth Media indicators will also be included in future phases to reflect the natural cycle. The performance indicators and completion criteria, together with the reference and source are provided in Table 18. It includes consideration of the chemical, physical and biological properties of the media and takes into account issues such as soil ameliorants aligned to the revegetation of the disturbed areas, whilst also incorporating consideration of land-use that may deviate from the traditional post mining land-use.

5.3.4 Ecosystem and Land-use Establishment

In the context of this MOP, Ecosystem and Land use Establishment incorporates the requirements for: the management and control of fire, weed and vertebrate pest species; establishment of correct flora species selection in terms of the planned end use; suitable land capability classes; the development of systems to enhance opportunities for nutrient cycling; development and enhancement of habitat for key fauna species; the optimal use of onsite resources, e.g. woody debris, rock and mulch.

Rehabilitation at Bengalla is generally divided into areas of improved groundcover for agricultural purposes and native vegetation (native over storey) ecosystems. The framework for the development of the performance indicators and completion criteria for ecosystem and land use establishment are provided in Table 19.

5.3.5 Ecosystem and Land-use Sustainability

In the context of this MOP, Ecosystem and Land use Sustainability incorporates the: development of profiles in the growing media; development of land usage which is consistent with surrounding areas; vegetation communities capable of withstanding severe events, for example drought, bushfires and storms; nutrient cycling; species diversity and abundance for both flora and fauna; re-colonisation of the site by key indicator species; and suitable Land Capability classes. The performance indicators and completion criteria which describe structures an methods for this phase of rehabilitation are provided in Table 20.



5.3.6 Relinquishment

In the context of this MOP, Relinquishment can be achieved once all completion criteria for Phase 5 – Ecosystem and Land-use Sustainability has been completed. No further completion criteria is required and the formal process to relinquish the mining lease can begin.

5.3.7 Rehabilitation Phases at the end of the MOP

Table 15: Summary of rehabilitation phases proposed for completion at the end of the MOP

Domain

Rehabilitation Phase

A -

Fin

al V

oid

B –

Reh

abili

tatio

n A

rea

– C

lass

III

Pas

ture

C –

Reh

abili

tatio

n A

rea

– P

astu

re

D –

Reh

abili

tatio

n A

rea

– W

ood

land

E –

Reh

abili

tatio

n A

rea

– D

ry C

reek

Rei

nsta

tem

ent

F –

Phase 0 Active Mining Area

Phase 1 Decommissioning Phase 2 Landform Establishment Phase 3 Growth Medium Development

Phase 4 Ecosystem and Land Use Establishment

Phase 5 Ecosystem and Land Use Sustainability Phase 6 Relinquished Lands

= Complete, = not complete.

Note: Most of rehabilitation domains in the table above are not shown as being progressed through the phases until mining is complete since these domains exist over the entire final landform. This should not be confused with the actual progression of rehabilitation which can be seen in the PLAN 3 Series.



6 Performance Indicators and Completion Criteria

6.1 Completion Criteria

Performance indicators and completion criteria have been developed for each secondary domain in accordance with the range of project related documentation i.e. Bengalla EIS and RTS and the Project Approval, as well as reference to guidelines, standards and scientific literature or other sources such as rehabilitation trials and analogue sites, as appropriate. This information is presented in the Rehabilitation Tables; Table 16, Table 17, Table 18, Table 19, Table 20 and Table 21.

The performance indicators are attributes of the biophysical environment e.g. pH, slope, that can be used to approximate the progression of a biophysical process and can be measured to demonstrate and track the progress of an aspect of rehabilitation towards the desired completion criteria. The completion criteria are objective target levels or values that can be measured to quantitatively demonstrate the progress and ultimate success of a biophysical process. These indicators and criteria have been developed for each phase of the rehabilitation so that the rehabilitation success can be quantitatively tracked throughout the life of the mine. There is an element of risk attached to the development of completion or performance criteria, in that it is impossible to predict all of the variables that might influence the recovery or otherwise of those lands which are rehabilitated post mining. Many variables operate at catchment or regional scales, such as river flows and pest outbreaks. Other factors that operate at continental or even global scales, such as climatic influences (including droughts or floods brought about by La Niña and El Niño events), could significantly influence the long-term sustainability of the vegetated lands encompassed by the site. To this end, the performance indicators and completion indicators have been designed to provide an appropriate benchmark or guide against which to assess the management of project lands and the resulting improvements. A Trigger Action Response Plan (TARP) has also been developed to manage these potential risk factors, Section 9.2. The Rehabilitation Tables are a summary of the information from previous sections into a simple and concise form. The tables have been developed for each phase of rehabilitation and include the following information for each domain: Rehabilitation phase; Domain name; Rehabilitation objective(s); Performance indicator; Completion criteria; Monitoring Methodology Monitoring Frequency Justification or source for criteria, Completion status; Link to TARP Progress at start of the MOP

The following section of this MOP defines how Bengalla is going to meet the range of criteria and provides performance indicators against which these criteria are to be assessed. The performance indicators and completion criteria are provided as a guide to aid in the direction of rehabilitation and enhancement measures and have not been developed / designed to form a framework for the purpose of the assessment of compliance.

Bengalla Mine


Table 16: Decommissioning Phase

Phase 1 – Decommissioning

Objective Performance Indicator Completion

Criteria Monitoring

Methodology Monitoring Frequency

Justification/Source Complete (Yes/No)

Link to TARP

Progress at start of MOP

All Domains

Safe, stable and non-polluting,

Disconnection of services:

(Including power, communications and water)

Services Disconnected

Decommissioning Report,

Service Provider communication.

At time of decommissioning

Prior to rehabilitation

ML1397, Condition

9 [23],

ML1450, Condition 9,

ML1469, Condition 22

SSD-5170, Condition 12

SSD-5170, Condition 44

NEPM

Guidelines for the NSW Site Auditor Scheme

Bengalla EIS 2013

No 1 Not Started

Removal of Infrastructure

(Including roads, rail, conveyors, buildings, hardstands and stockpiles)

Infrastructure removed

Decommissioning Report,

Service Provider communication.



No 1 Not Started

Mobile Equipment Demobilised

(Including trucks, excavators, dragline, dozers, light vehicles, water and fuel trucks, graders.)

Mobile Equipment removed from site

Transportation and Demobilisation Documentation



No 1 Not Started

Hazardous substances identified and removed utilising a hazardous material assessment

(Including, ACMs, Lead paints, SMFs and PCBs)

All hazardous materials removed

Contamination report Soil and Water

Testing Certificates for

removal.


Prior to rehabilitation No 1 Not Started

Contaminated land identified and remediated.

(Including hydrocarbons)

Contaminated land remediated in accordance with relevant guidelines

Contamination report Soil and water testing Rehabilitation

inspection



No 1 Not Started

Problematic materials encapsulated:

(Including Potentially Acid Forming (PAF) waste, carbonaceous material, spontaneous combustion material and reject material)

Encapsulation under at least 5m of inert material in OEA

Mine planning compliance

Rehabilitation inspection

During mining At time of

decommissioning Prior to

rehabilitation No 1 Not Started

Bengalla Mine


Table 17 Landform Establishment

Phase 2 – Landform Establishment


Criteria Monitoring



Link to TARP


All Domains


Surface Water self-sustaining and managed to minimise erosion and sedimentation

Designed drainage contours and structures installed.

Visual inspections Survey design

compliance

At time of installation

Annual rehabilitation monitoring

Bengalla EIS 2013 SSD-5170

Condition 44 “Blue Book”

Yes 2,4 Complete

Integrates into surrounding landforms and is suitable for Post Mining Land Use.

Maximum size of Surface rocks

Rocks <200mm in diameter and at least partially embedded in slope

Visual Inspection Prior to growth

medium development

Surface suitability for growth medium development

Yes 3 Complete

Domain I Final Void


Established landform complies to approved final landform.

Void angles where practicable:

Lowwall 10°-21° Highwall 23°-

25° Endwall approx.

33°

Survey design compliance

Prior to growth medium development


Bengalla EIS 2013 Bengalla RTS 2014 SSD-5170

Condition 44 No 2 Not Started

Slopes are stable to maintain pasture cover

Geotechnical report

No visible signs of instability (slumping/ cracks) that will affect grazing practices

Visual inspections Survey monitoring



Bengalla EIS 2013

No 4 Not Started

Fencing prevents pedestrian and livestock access

Fence present along entire length of the final highwall

Visual inspection of fence installed

After landform establishment




Bengalla Mine




Criteria Monitoring



Link to TARP


Water quality from rehabilitation areas are non-polluting.

Landform designed to minimise surface water catchment into the final void

Landform implemented




Bengalla EIS 2013

No 2,4 Not Started

Specific Rehabilitation conditions are met

Development of a single void

1 void present Visual inspections Survey design

compliance



Bengalla EIS 2013

No 2 Not Started

Domain K Rehabilitation – Class III Pasture


Established Landform complies to approved Final Landform.

Landform Criteria:

Slope <5° Surface +-2m



Agricultural Land Classification Agfact AC.25

Yes 2 Complete

Domain D Rehabilitation – Class IV & V Pasture



Landform Slope Criteria:

Class IV <14° Class V <18° Surface +-2m




No 2 Not Started

Domain E Rehabilitation – Woodland









No 2 Not Started

Bengalla Mine




Criteria Monitoring



Link to TARP


Domain L Rehabilitation – Dry Creek








No 2 Not Started


Reinstated Channel meets Design Criteria in EIS & Consent

Channel Length Base Width Lowflow channel slope Lowflow channel depth Highflow channel slope Highflow channel depth Mannings n Channel Slope Rock scour protection No Net loss of Creek

Length Incorporate erosion

control measures

Design Criteria: .

4500m 8m 1V:4H 0.77m 1V:10H Variable 0.04 Varies v > 2m/s for 1 in

50 ARI event


Subsidence data collected from dump monitoring

Initially and then annually until subsidence plateaus

Bengalla EIS 2013

No 2 Not Started

Bengalla Mine


Table 18 Growing Media Development

Phase 3 – Growing Media Development


Criteria Monitoring



Link to TARP


All Domains

Soil/growth medium chemical and physical properties are suitable for establishment of the post mining land use

pH 5.5 < pH < 8.2

Soil testing

Prior to topsoil spreading


Bengalla EIS 2013 Burns 2005 Hazelton 2007

No 5 Not Started

Electrical Conductivity <2.0 ds/m No 5 Not Started

Cation Exchange Capacity 4.0 to 30 me/100g No 5 Not Started

Exchangeable Sodium 0-10% No 5 Not Started

Topsoil/growth media thickness

≥100mm average over area

Visual inspections Topsoil inventory

No 6 Not Started

Surface Preparation to minimise erosion and maximise water infiltration

Surface ripped along contour

Visual inspections

Prior to seeding Annual

rehabilitation monitoring

Bengalla EIS 2013 appendix V

No 23 Not Started

Acceptable use of ameliorants

Records of application determined from test results

Soil testing Application records

Per use Bengalla EIS 2013

No 5 Not Started



Topsoil thickness 400mm Black Vertosols.

Rehabilitation report Topsoil inventory


GSSE Report September 2012 – Class III Land Rehabilitation.

Bengalla Pro-0618 Topsoil stripping procedure for Southern out of pit emplacement area.

Yes 6 Completed

Subsoil thickness 500mm Black Vertosols

Annual rehabilitation monitoring Yes 6 Completed

Bengalla Mine


Phase 3 – Growing Media Development


Criteria Monitoring



Link to TARP



No Additional Completion Criteria


No Additional Completion Criteria



Dry Creek Clay Layer Extent 2m thick select clay fill layer for the length of the alignment

Construction inspection report

During construction

Bengalla EIS 2013 appendix V

SSD-5170 Condition 44


No 5 Not Started

Dry Creek Clay stabilisation Top 300mm of clay layer with 2% gypsum

Construction inspection report

During construction No 6 Not Started

Bengalla Mine


Table 19: Ecosystem and Land Use Establishment

Phase 4 – Ecosystem and Land Use Establishment

Objective Performance

Indicator Completion Criteria

Monitoring Methodology

Monitoring Frequency


Link to TARP


All Domains


Erosion No visible evidence of accelerated soil erosion (unstabilised surface)

Visual inspections Vegetation cover


Bengalla EIS 2013

No 23 Not Started

No uncontrolled Access

Demarcation present and access restricted Visual inspections


Bengalla EIS 2013 No 7 Not Started


Visual screening of drainage structures

Evidence of tree development in drainage structure areas

Visual inspections Annual

rehabilitation Monitoring

Bengalla EIS 2013

No 9 Not Started


Electrical Conductivity <2.0 ds/m Soil testing


Bengalla EIS 2013 Burns 2005 Hazelton 2007

No 5 Not Started

pH 6.0 <pH <8.0 No 5 Not Started

Exchangeable Sodium Percentage

0.10% No 5 Not Started

Cation Exchange Capacity

4.0 to 30 me/100g No 5 Not Started

Surface Litter Layers Presence of surface litter developing Visual inspection

Bengalla EIS 2013 No 5,9 Not Started

Soil loss Soil loss does not affect vegetation growth.

No 6 Not Started

Established ecosystem is suitable for agreed post mining land use

Tree Plot Health >75% trees established are disease free Visual inspections


Burns, M 2015 No 8,9 Not Started

Weed Management ≤ 20%(pre 2015) and ≤ 15%(post 2015) weed coverage per Ha and a measurable decline in weed density and diversity

Visual inspections


Frequency increased if

Bengalla EIS 2013 Bengalla

Biodiversity Management Plan


No 11 Not Started

Bengalla Mine








Link to TARP


required by weed management

Bushfire management Mine is equipped to respond to fires onsite & provide assistance to Rural Fire Service and emergency services

Included in Site emergency management planning

Land scape management Plan

Reviewed Annually


No 19 Not Started

Habitat potential - presence of surface rocks and fallen trees used in treed areas

Presence of reclaimed tree hollows, large logs and/or boulders on rehabilitated areas

Visual inspections


Bengalla EIS 2013

No 14 Not Started

Habitat augmentation Signs of mammal and avian activity. No 14 Not Started

Pest Management Measurable decline in feral fauna abundance and diversity and no adverse impact on ecosystem development

Visual inspections


Frequency increased if required by pest management

Bengalla EIS 2013 Bengalla

Biodiversity Management Plan


No 12,13 Not Started


Surface water quality ≤ 1000µS/cm after 5 years Water testing


Burns, M 2015

No 18 Not Started


Minimum site treed coverage

Visual evidence of site wide tree coverage ≥ 10% Survey or Satellite

Image correlation



Condition 44 No 9,25 Not Started

Biodiversity Connectivity

Trees developing to establish biodiversity connectivity

Survey or Satellite Image correlation


Bengalla RTS

No 9,25 Not Started

Bengalla Mine








Link to TARP


Native Vegetation Corridors

Visual evidence of corridor development to the North and West

Visual inspections


Bengalla EIS 2013 Synoptic Plan:

Integrated Landscapes for Coal Mine Rehabilitation in the Hunter Valley of New South Wales

No 9,25 Not Started

Weed Presence (Galenia)

(≤ 5% Galenia weed coverage per Ha) Visual inspections


Bengalla EIS 2013 Burns, M 2015 No 11 Not Started

Box Gum Woodland and Derived Native Grasslands species present

Visual evidence of species being established Visual inspections


Bengalla EIS 2013

No 9,25 Not Started

Treed areas present:

on either side of the Dry Creek frontage,

along paddock fence lines and

in paddocks.

Visual evidence of treed areas. Visual inspections


Bengalla EIS 2013

No 9,25 Not Started

Domain I Final Void

Public Safety Fence present Visual inspection Annual

rehabilitation monitoring




Ground Coverage ≥ 70% vegetative cover of a minimum 95% of area after 1 year of treatment


Rehabilitation Monitoring

Burns, M 2015

No 9 Not Started


Water Quality of Void Water

EC < 20,000µS/cm

(increasing at 5µS/cm for the first 1000 years)

Water Testing Annual


Bengalla EIS 2013

No 22 Not Started

Specific Rehabilitation conditions are

Higher Density Planting around the final void for screening

Presence of higher density plantings around void crest





Bengalla Mine








Link to TARP


met and ensure as natural a landscape as possible

SSD-5170 Appendix 9

Bengalla RTS – Figure 11

Level or Water in Void < spillway point Visual inspections Survey Water

Level

Annual Rehabilitation Monitoring

Bengalla EIS 2013

No 25 Not Started

Suitable Pasture species Dominant

Dominant pasture species are not classified as weeds



Bengalla EIS 2013

No 9,25 Not Started



Suitability for Grazing Grazing trials started to determine productivity targets

Grazing trials to be determined and reported in AEMR

As per grazing trials requirements

Bengalla EIS 2013

No 24 Not Started

Species Diversity Presence of at least 3 grasses and legumes appropriate to the district and recognised as suitable for beef cattle grazing

Visual inspections


Burns, M 2015

No 9 Not Started


Burns, M 2015

No 9 Not Started

Weed Management Weed species to be controlled such that pasture cover is not significantly impaired.

Burns, M 2015

No 11 Not Started




Bengalla EIS 2013

No 9,25 Not Started


Established Grazing Suitability Grazing trials started to

determine productivity Grazing trials to

be determined

As per grazing trials


Bengalla Mine








Link to TARP


ecosystem is suitable for agreed post mining land use

targets and reported in AEMR

requirements

Species Diversity Presence of at least 3 grasses and legumes appropriate to the district and recognised as suitable for beef cattle grazing

Visual inspections


Burns, M 2015

No 9 Not Started


Burns, M 2015

No 9 Not Started

Weed Management Weed species to be controlled such that pasture cover is not significantly impaired.

Burns, M 2015

No 11 Not Started




Bengalla EIS 2013

No 9,25 Not Started



Species Diversity Presence of at least 2 over storey and 2 under storey species in each 10mx20m plot at all ages

Visual inspections


Burns, M 2015

No 9 Not Started

Stem Density Minimum stem densities for seeded areas:

~ 1000/ha – year 1 ~ 500/ha – year 5

Burns, M 2015

No 9,25 Not Started


High density woody vegetation on eastern face of OEA

Visual evidence of high density vegetation being established



Species from the Box-Gum Woodland present on the OEA facing Muswellbrook

Visual evidence of species present

Bengalla EIS 2013

No 9,25 Not Started

Bengalla Mine








Link to TARP




Higher Density planting along the riparian zone of the Dry Creek reinstatement

Visual evidence of higher density vegetation developing





Aim to reproduce Dry Creek to a quality similar or greater to that which currently exists by using collected pre-mining baseline ecological information

Trending towards baseline ecological data

Adapted from ACARP Project C20017



Condition 44 ACARP Project

C20017 No 25 Not Started

Revegetate with suitable native species

Native species present and established





Presence of River Red Gums

(grown from seed sourced from the Hunter Catchment)

Visual evidence of River Red Gums present & Documentation showing grown from local seed.

Visual inspections Seed province

certificates


Bengalla RTS 2014

No 9,25 Not Started

Select clay fill area topsoiled, seeded and hydro mulched

Visual evidence of topsoiling, seeding and hydro mulching

Visual inspections Survey

At time of rehabilitation

Bengalla RTS 2014

No 5,6 Not Started

Vegetation corridor created along Dry Creek’s riparian zone to assist fauna movements to broader areas north

Visual evidence of corridor establishment through tree growth



Bengalla RTS 2014

No 9,14,25 Not Started

Species from Hunter Floodplain Red Gum Woodland community

Species present in revegetation

Visual inspections


Bengalla EIS 2013

No 9,25 Not Started

Bengalla Mine


Table 20: Ecosystem and Land-use Sustainability

Phase 5 – Ecosystem and Land Use Sustainability






Link to TARP


All Domains


Stable and free draining landform

No visible evidence of accelerated soil erosion

Signs of vegetation regeneration



Bengalla EIS 2013 SSD-5170 Condition

44 No 2,4 Not Started

No uncontrolled Access

Demarcation present and access restricted Visual inspections


SSD-5170 Condition 44 No 7 Not Started


Visual screening of drainage structures

Drainage structures successfully screened





Landform Integration Design compliance to approved landform Visual inspections




44 2,4,25 Not Started


Electrical Conductivity <2.0dS/m Soil Testing



pH 6.0 <pH <8.0 Bengalla EIS 2013 No 5 Not Started

ESP No more than 20% higher than analogue soil plot

Burns, M 2015 No 5 Not Started

Cation Exchange Capacity

No less than 20% that of analogue soil plot


Soil N,P,K,S levels No less than 20% of Analogue plot levels after 10 years

Burns, M 2015

No 5 Not Started

Total organic carbon %

No less than 20% of Analogue plot levels after 10 years

Burns, M 2015

No 5 Not Started

Surface Litter Layers Increase trend in litter development and no hazardous material.

Visual inspection

Bengalla EIS 2013

No 6,9 Not Started

Bengalla Mine








Link to TARP



Tree Plot Development

Recruitment rates are equal or exceed mortality rates Visual inspections



Tree health >80% trees established are disease free Visual inspections



Weed Management No more active weed control than analogue sites show. Visual inspections



Habitat augmentation Presence of mammal and avian activity. Visual inspections



Pest Management Evidence of feral fauna in line with analogue sites and no adverse impact on ecosystem

Visual inspections


Bengalla Biodiversity Management Plan


29

No 12,13 Not Started

Ecosystem Resilience Signs of second generation seedlings occurring - regeneration



Bengalla EIS 2013



Surface water quality Upstream water quality ~ downstream water quality Water testing



44 No 18 Not Started


Minimum site treed coverage

Visual evidence of site wide tree coverage ≥ 10% Survey or Satellite

Image correlation




Restored land capability

Land management in line with land capability Land Capability

Analysis

Pre relinquishment



Biodiversity Connectivity

Ensure there is no more than 3km spacing between a minimum patch size of 10ha and interstitial tree plantings at 60-80m spacing (3-4 trees per Ha)



Bengalla RTS


Bengalla Mine








Link to TARP


Native Vegetation Corridors

(Including Mt Pleasant to the North and existing vegetation to the west)

Visual evidence of corridors developed Visual inspection



Bengalla EIS 2013 Synoptic Plan:

Integrated Landscapes for Coal Mine Rehabilitation in the Hunter Valley of New South Wales


Weed Presence (Galenia)

≤ 5% Galenia weed coverage per Ha Visual inspections



Box Gum Woodland and Derived Native Grasslands species present

Visual Evidence of developed species (+5years old)

Visual inspections


Bengalla EIS 2013

No 9,25 Not Started

Treed areas present:

On either side of the Dry Creek frontage,

Along paddock fence lines and

In paddocks.

Visual evidence of treed areas. Visual inspections


Bengalla EIS 2013

No 9,25 Not Started

Domain I Final Void


All Hazards associated with the final highwall and Lowwall are controlled

Geotechnical Assessment conducted to validate stability and any identified controls put in place.

Visual inspection Geotechnical

assessment


Bengalla EIS 2013

No 3,4,7,28 Not Started

Public Safety Fence present Visual inspection Annual



44 No 7 Not Started

Final Lowwall is shaped, stable and maintains pasture cover

Pasture cover maintained on 95% area

Visual inspection Annual


Bengalla EIS 2013



Void water quality EC < 20,000µS/cm

(increasing at 5µS/cm for the first 1000 years)

Water Testing Annual


Bengalla EIS 2013

No 22 Not Started

Bengalla Mine








Link to TARP




Grazing Productivity Based on trials (to be determined) and revegetation monitoring to Land Capability.

To be determined As per trial

requirements Bengalla EIS 2013

No 24 Not Started



Grazing Productivity Based on trials (to be determined) and revegetation monitoring to Land Capability.

To be determined As per trial

requirements Bengalla EIS 2013

No 24 Not Started



Natural Regeneration Evidence of natural regeneration at Year 10 for at least 1 species



Burns, M 2015


Stem Density Minimum stem densities for seeded areas:

~500/ha – year 5 ~400/ha – year 10

Visual inspection Annual Rehabilitation Monitoring

Burns, M 2015



High density woody vegetation on eastern face of OEA

Visual evidence of high density vegetation




Species from the Box-Gum Woodland present on the OEA facing Muswellbrook

Visual evidence of species present


Bengalla EIS 2013

No 9,25 Not Started


Established ecosystem is suitable for

Natural Regeneration Evidence of natural regeneration at Year 10 for at least 1 species



Burns, M 2015


Bengalla Mine








Link to TARP


agreed post mining land use

Aim to reproduce Dry Creek to a quality similar or greater to that which currently exists by using collected pre-mining baseline ecological information

Meets baseline ecological data

Adapted from ACARP Project C20017



44 ACARP Project

C20017 No 24,25 Not Started

Domain M Rehabilitation – Tree Restoration


Remediation of the approximate 1km section of Dry Creek that will remain intact south to the Project Boundary so as not to impede on any agricultural land associated with the Hunter River Flood Plain

Remediation complete Visual inspection Annual


Bengalla RTS 2014

No 25 Not Started

Establishment of a tree corridor from the Hunter River back to the areas west of the final void within the need to significantly impact on agricultural land associated with the Hunter River Flood Plain, should mining cease after Year 24.

Tree Corridor present and shows signs of use



Bengalla RTS 2014

No 25 Not Started

Mine-owned riparian areas if Dry Creek nearby the Hunter River and retained areas (adjacent to the CHPP) within the Project Boundary that were not affected by the Disturbance Boundary will also be rehabilitated (including the planting of the regionally endangered population River Red Gum)

Presence of River Red Gum in Area



Bengalla RTS 2014

No 25 Not Started

Bengalla Mine


Table 21: Land Relinquishment

Phase 6 – Land Relinquishment






Link to TARP


All Domains

Land Relinquishment

Compliance to criteria in Phases 1-5

Demonstrated compliance to Criteria Relinquishment

report

Prior to relinquishment

EGS03

No 25 Not Started



7 Rehabilitation Implementation

7.1 Status at MOP Commencement

Below describes the Domain status and the activities that have occurred up to the commencement of the MOP, and can be seen on PLAN 2. For the domains that are currently active and subject to ongoing operations, they will not be described.

The rehabilitation status for each domain has been defined at the MOP commencement in Table 22. The Areas of each Domain at the commencement and completion of the MOP can be found in section 7.3, Table 27

Table 22: Rehabilitation Status of Bengalla defined Domains

Code Primary Domain

(Operational)

Status at Start of MOP

Rehabilitation Activities to date

1 Active Void Active N/A

2 Water Management Active N/A

3 Infrastructure Active N/A

4 Overburden Emplacement Area

Active Complete sections of the rehabilitation as soon as possible

5 Topsoil Stockpiles Active Topsoil stockpiles have been created and reclaimed as part of the rehabilitation.

6 Temporary Stabilisation Active Temporary rehabilitation has occurred on the northern face of the OEA where it is dumped temporarily.

Code Secondary Domain

(Post Mining Land Use)

A Final Void Inactive This will not become active until mining is complete

B Rehabilitation Area – Class III Pasture

Active This domain is currently in the ecosystem and land use establishment phase

C Rehabilitation Area – Pasture Active This domain is present across site and continues to be in several phases of rehabilitation

D Rehabilitation Area – Woodland

Active This domain is present across site and continues to be in several phases of rehabilitation

E Rehabilitation Area – Dry Creek Reinstatement

Inactive This domain will not become active for approximately 15 years

F Tree Restoration Areas Inactive This domain is currently inactive



7.2 Proposed Rehabilitation Activities during the MOP Term

The proposed rehabilitation activities during the MOP term will concentrate on rehabilitating the OEA as soon as practicable, and continue to progress existing rehabilitation through the phases. These activities can be seen in the PLAN 3 Series and include:

Ground disturbance

Topsoil management

Landform establishment

Growth medium development

Ecosystem establishment

Rehabilitation monitoring

Rehabilitation care and maintenance

7.2.1 Ground Disturbance

Bengalla’s Rehabilitation Management Plan and Biodiversity Management Plan defines how cleared vegetation is managed. Where appropriate, hollow bearing logs may be collected and used for habitat in rehabilitation and non-disturbed areas, as directed by the Environmental Specialist or Advisor. Vegetation or rocks, not required for rehabilitation purposes will be pushed on to the pre-strip area for removal with the overburden. All grass will be left to be recovered with the topsoil. Where possible native seed will be collected as per the Biodiversity Management Plan. Weed control ahead of mining will assist in topsoil management once cleared.

7.2.2 Topsoil Management

A soil and land capability Impact assessment was completed as part of the 2013 Bengalla EIS. This assessment shows that soil types and suitability vary greatly across site and recommended topsoil stripping depths varies greatly from 0 – 0.6m. All soils have a moderate erosion risk and therefore require careful management, and all subsoils are undesirable for topsoil use due to severe physical and/or chemical limitations.

Soil management is fundamental to successful rehabilitation at Bengalla. Since grazing has historically been conducted prior to mining, there is generally a heavier dormant weed seed content which is activated during stripping. If specific weed management practices are not undertaken the presence of weeds will inhibit the establishment of native vegetation and also compete with pastures. Controlling weeds at the stockpiling stage is therefore more cost effective than controlling them once they are established in rehabilitated areas.

Stripping topsoil should be under slightly moist conditions to maintain soil structure as well as minimise dust. If it is too wet compaction can occur and if to dry then excessive dust can be produced. Vehicle traffic over both the stripping area and stockpiling area should also be kept to a minimum. Where possible, topsoil will be placed directly onto shaped rehabilitation areas as up to 10% of topsoil is lost each time it is handled in addition to stimulation of weeds.



When stockpiling topsoil weed control is one of the most important issues. This is generally by cultivating to a depth of 30cm and sowing a pasture crop to out compete weeds from forming and generating more weed seed bank. The seed mix with either be Millet (Aug-January) or Oats (February-July) for short term stockpiles up to 6 months, or the pasture mix in Table 23 for longer term stockpiles if the topsoil will be used for a pasture domain so it does not compete with the native domain. Correct shaping to minimise the weed infested surface layer is also crucial so that it can be scraped off later if required.

7.2.3 Landform Establishment

Emplacement areas are progressively rehabilitated as areas are completed to final landform shape. The majority of the north, eastern and southern faces have been rehabilitated, with active mining on the western face filling in behind mining void.

Bengalla Mine has a range of material wastes that are combed in the Overburden Emplacement Area. ARD and reject materials are placed well below the final landform and at least a 5m layer of inert material will cover them to minimise adverse effects of rehabilitation potential. Material that is identified to be placed near the final surface is also reviewed for physical properties to reduce the occurrence of large rocks at the surface, as well as visual aesthetic – the use of weathered prestrip material is preferred where possible.

The Landform is initially dumped to design in lifts of approximately 7m in height to allow for encapsulation of rejects and allows for cut and fill to establish the final surface. Survey control by survey pegs and/or Dozer GPS systems assists this process. Once the Designed Dump is complete, dozers can easily shape the final landform, again with survey control and/or Dozer GPS.

The current Final Landform has a maximum overall slope of 10 degrees up from the toe of the dump, flattening off towards the top to create an undulating surface to integrate into the surrounding landscape. Localised slopes are designed up to 14-18 degrees around water management areas to allow for their inclusion to control erosion and sediment. Drainage lines from the final landforms will be compatible with the surrounding drainage network. This will be achieved using a combination of controls such as graded contour banks, designed channels and drop structures, and where necessary watercourse reinforcement.

7.2.4 Growth Medium Development

At Bengalla, overburden material varies in physical and geochemical properties, in accordance with the geology of the area and the extent of exposure to weathering. Chemical analyses of Bengalla spoil materials indicate that, in general, the overburden is slightly sodic and alkaline, but within acceptable ranges for use as a plant growth medium.

Soil analysis is undertaken on re-contoured areas to determine suitable ameliorants for revegetation. Soil amelioration and treatment requirements are based on agronomic test and may include the use of gypsum or bio solids to improve topsoil condition. The Gypsum is initially spread and worked into recovered topsoil on the contour to mix and bind the topsoil into the reshaped surface. Topsoil will be spread across the dozed areas and slopes to the appropriate coverage (100-200mm) and then rock raked to remove any large exposed rocks larger than 200mm in size.

Graded contour banks will also be constructed in order to capture and direct surface flows thereby minimising any potential erosion areas. These should be extended past the area being rehabilitated to reduce erosion around the fringes of newly sown areas. Areas will then be scarified along the contour to assist in seed germination and water infiltration.



7.2.5 Ecosystem Establishment

Revegetation will be undertaken progressively after the completion of surface preparation. After topsoil is spread and raked, seeding commences as soon as practical. During the MOP period both Pasture and Woodland domains will be revegetated.

7.2.5.1 Pasture

At the time of sowing all pasture revegetation areas are treated with fertilizer at a rate based on soil analysis results. This will help with rapid establishment of pasture to out compete weeds. If long term topsoil stockpiles are used and the weed content is low the top layer should be utilised as it should have accumulated increased pasture seed base over time. This top layer can also be used in drainage structures to accelerate stabilisation. Pasture domains predominantly consist of modified pasture species. Table 24 outlines the current species mix

Table 23 Modified Pasture Rehabilitation Species

Species Rate

Couch 5 kg/ha

Kikuyu 2.5 kg/ha

Phalaris 2.5 kg/ha

Maximus Ryegrass 12 kg/ha

Rebound Millet (September to January) or Coolabah Oats (March to July) 13 kg/ha

Green Panic 2 kg/ha

Sub clover 5 kg/ha

Sephi Barrel medic 5 kg/ha

Lucerne 5 kg/ha

*Mix above with 125 kg/ha Starter 15 fertiliser (or similar)

7.2.5.2 Woodland

Woodland will be created both in the woodland domain as high density native vegetation as well as scattered tree plots for the creation of wind breaks and wood lots for stock shelter in the pasture domain, as well as vegetation corridors for habitat linkages and biodiversity connectivity to the surrounding landscape. The preferred method of revegetation is direct seeding as it is more cost effective, although there will be use of tube stock planting as a supporting method to assist in achieving completion criteria.

Drought and soil water capacity determine what density of trees and shrubs will ultimately survive onsite, it is planned that stem densities will thin out over time as shorter lived species such as Acacia die out. High density trees is also one of the effective weed management techniques to effectively control weeds due to blocking out of light to the ground.

Felled timber that has been stockpiled may be spread across topsoiled areas in either loose stockpiles of timber along the contour of the slope to assist erosion control, or in piles to create



concentrated habitat mounts. Placement of the timber is planned around topsoil application to minimise compaction and interaction with surface preparation/ripping prior to seeding.

Currently there are two communities planned to be used for Woodland areas that are commonly found in the Upper Hunter Valley. They contain species from the local Box Gum communities, dominant eucalyptus species as well as a range of other species to increase diversity and chances of success. Table 24 and Table 25 outlines the two communities currently planned. This listing may be subject to change due to seed availability, success rate under variable climatic conditions, or monitoring data.

Due to the potentially high weed content, topsoil that is used should be from the lower layers of the topsoil stockpile when possible to minimise the potential weed seed bank and the use of fertiliser will be minimised with the seed mix. An inert bulking agent (37kg/Ha kitty litter) will be thoroughly mixed to assist in the even spreading of seed.

A light cover crop will be incorporated into the native seed mix for the target communities, consisting of a light rate of 5kg/ha of Millet or Oats (depending on season), and 3kg/ha Ryegrass to assist in stabilisation while native plants are establishing. The purpose of inclusion is to ensure early soil stability and erosion control prior to the establishment of native species. Cover crop species are designed to be functional but not competitive with the native vegetation.

Direct seeding will be later supplemented by tube stock propagated and planted using locally-collected seed. The direct seeding to tube stock planting ratio will be determined through a trial. A combination of both planted tube stock and direct seeding will be used to achieve suitable species composition in most communities.

Table 24 Native Vegetation Rehabilitation Species 1

Central Hunter Grey Box – Ironbark Woodland

Species Rate Type

Angophora floribunda (rough-barked apple) 0.2 kg/ha Tree

Brachychiton populneus (Kurrajong) 0.1 kg/ha Tree

Corymbia Malcate (Spotted gum) 0.2 kg/ha Tree

Eucalyptus blakelyi (Blakely’s red gum) 0.2 kg/ha Tree

Eucalyptus crebra (Narrow-leaved ironbark) 0.8 kg/ha Tree

Eucalyptus moluccana (Grey box) 0.8 kg/ha Tree

Eucalyptus tereticornis (Forest red gum) 0.2 kg/ha Tree

Acacia salicina (Native willow) 0.1 kg/ha Low tree

Notelaea microcarpa (Native olive) 0.1 kg/ha Low tree

Acacia implexa (Hickory wattle) 0.2 kg/ha Low tree

Allocasuarina luehmannii (Bulloak) 0.1 kg/ha Low tree

Acacia amblygona (Fan wattle) 0.1 kg/ha Shrub

Acacia decora (Western silver wattle) 0.3 kg/ha Shrub

Acacia falcate (Sickle wattle) 0.4 kg/ha Shrub



Acacia paradoxa (kangaroo thorn) 0.1 kg/ha Shrub

Bursaria spinosa (Blackthorn) 0.3 kg/ha Shrub

Dodonaea viscosa (Sticky hop-bush) 0.2 kg/ha Shrub

Acacia parvipinnula (Silver-stemmed wattle) 0.1 kg/ha Shrub

Ozothamnus diosmifolius (White dogwood) 0.1 kg/ha Shrub

Solanum cinereum (Narrawa burr) 0.1 kg/ha Shrub

Daviesia genistifolia (broom bitter pea) 0.1 kg/ha Shrub

Chloris truncate (Mindmill grass) 0.1 kg/ha Native grass

Bothriochloa macra (Red grass) 0.1 kg/ha Native grass

Microlaena stipoides (Weeping grass) 0.1 kg/ha Native grass

Austrostipa scabra (Spear grass) 0.1 kg/ha Native grass

Dichanthium sericeum (Blue Grass) 0.1 kg/ha Native grass

Panicum effusum (Hairy panic) 0.1 kg/ha Native grass

Paspalidium distans 0.1 kg/ha Native grass

Themeda triandra (Kangaroo grass) 0.1 kg/ha Native grass

Capillipedium spicigerum (Scented-top grass) 0.1 kg/ha Native grass

Cymbopogon refractus (Barbed wire grass) 0.1 kg/ha Native grass

Atriplex semibaccata (Berry saltbush) 0.1 kg/ha Understory

Hardenbergia violacea (False sarsaparilla) 0.1 kg/ha Understory

Einadia nutans (Climbing saltbush) 0.1 kg/ha Understory

Enchylaena tomentacea (Ruby saltbush) 0.1 kg/ha Understory

Calotis lappulacea (Yellow-burr daisy) 0.1 kg/ha Understory

Chrysocephalum apiculatum (Everlasting) 0.1 kg/ha Herb

Swainsona galegifolia (Smooth darling-pea) 0.1 kg/ha Groundcover

Total 6.5kg/ha



Table 25 Native Vegetation Rehabilitation Species 2

Central Hunter Ironbark– Spotted Gum – Grey Box Forest

Species Rate Type

Corymbia maculata (Spotted gum ) 0.8 kg/ha Tree

Angophora floribunda (rough-barked apple) 0.1 kg/ha Tree

Eucalyptus blakelyi (Blakely’s red gum) 0.3 kg/ha Tree

Eucalyptus crebra (Narrow leaf ironbark) 0.6 kg/ha Tree

Eucalyptus fibrosa (Broad leaf ironbark) 0.3 kg/ha Tree

Eucalyptus moluccana (Grey box) 0.6 kg/ha Tree

Eucalyptus tereticornis (Forest red gum) 0.2 kg/ha Tree

Brachychiton populneus (Kurrajong) 0.1 kg/ha Tree

Acacia implexa (Hickory wattle) 0.2 kg/ha Low tree

Allocasuarina luehmannii (Bull oak) 0.1 kg/ha Low tree

Acacia salicina (Native willow) 0.1 kg/ha Low tree

Notelaea microcarpa (Native olive) 0.1 kg/ha Low tree

Acacia decora Western silver wattle) 0.3 kg/ha Shrub

Acacia maculata (Sickle wattle) 0.5 kg/ha Shrub

Acacia parvipinnula (Silver-stemmed wattle) 0.3 kg/ha Shrub

Ozothamnus diosmifolius 0.1 kg/ha Shrub

Dodonaea viscosa (Sticky hop-bush) 0.1 kg/ha Shrub

Bursaria spinosa (Blackthorn) 0.2 kg/ha Shrub

Daviesia ulicifolia (Gorse bitter pea) 0.1 kg/ha Shrub

Solanum cinereum (Narrawa burr) 0.1 kg/ha Shrub

Pultenaea spinosa (Grey bush-pea) 0.1 kg/ha Shrub

Chloris truncate (Mindmill grass) 0.1 kg/ha Native grass

Bothriochloa macra (Red grass) 0.1 kg/ha Native grass

Microlaena stipoides (Weeping grass) 0.1 kg/ha Native grass

Austrostipa scabra (Spear grass) 0.1 kg/ha Native grass



Dichanthium sericeum (Blue Grass) 0.1 kg/ha Native grass

Panicum effusum (Hairy panic) 0.1 kg/ha Native grass

Paspalidium distans 0.1 kg/ha Native grass

Themeda triandra (Kangaroo grass) 0.1 kg/ha Native grass

Capillipedium spicigerum (Scented-top grass) 0.1 kg/ha Native grass

Cymbopogon refractus (Barbed wire grass) 0.1 kg/ha Native grass

Atriplex semibaccata (Berry saltbush) 0.1 kg/ha Understory

Hardenbergia violacea (False sarsaparilla) 0.1 kg/ha Understory

Einadia nutans (Climbing saltbush) 0.1 kg/ha Understory

Enchylaena tomentacea (Ruby saltbush) 0.1 kg/ha Understory

Calotis lappulacea (Yellow-burr daisy) 0.1 kg/ha Understory

Chrysocephalum apiculatum (Everlasting) 0.1 kg/ha Herb

Swainsona galegifolia (Smooth darling-pea) 0.1 kg/ha Groundcover

Total 7.0 kg/ha

All seeding aims to be undertaken immediately after ripping and before rain and surface crusting occurs. Sowing onto a fresh tilth is important to germination success. Native seed should only be sown in the warmer months (October to May) when surface soil temperature is sufficient to facilitate germination.

If a top-dressed area becomes available out of season the area will be initially sown with a temporary cover crop (as described above). The site should be pre-ripped prior to seeding in the same manner as for the final crop. When mature, this cover crop will die back. It can then be ripped into the topsoil prior to sowing of the native seed mix in the warmer months. Incorporating the mature cover crop will enhance soil organics and other beneficial processes that flow from same.

7.2.5.3 Dry Creek Reinstatement

No Dry Creek Reinstatement areas are planned for the MOP Period

7.2.6 Rehabilitation Monitoring and Maintenance

Rehabilitation Monitoring begins once initial rehabilitation works are complete right through to land relinquishment to ensure the successful progression of rehabilitation through the phases. Bengalla undertakes annual rehabilitation audits and annual rehabilitation monitoring programmes. Any maintenance requirements are scheduled for completion or incorporated into the site’s annual



environmental improvement programmes. Rehabilitation monitoring is discussed more in Section 8. Rehabilitation maintenance is a function of either the rehabilitation methodology or is triggered through outcomes of the monitoring program, where mitigation actions are developed and implemented. Typical maintenance activities at Bengalla focus on erosion control, weed and pest management, and revegetation progress. Section 9 details a more in-depth T.A.R.P.

Erosion control typically requires maintenance in new rehabilitation areas around the western edges where the current dump is intersected as well as drainage structures that have not had the chance of stabilisation with vegetation prior to heavy rain events.

When weeds are present on rehabilitated areas, they can limit native plant growth, particularly in the early stages of germination and are therefore best controlled at the topsoil stockpile stage. There are several sections of the current rehabilitation area where weeds have become established and the require remedial work. These areas are incorporated into targeted programs annually to reduce the impact of weeds and achieve rehabilitation objectives.

Revegetation maintenance will either be as result of realignment between existing and new secondary domains that have changed due to the new approval of SSD-5170, where incorrect species have established and need to be changed, or where cover crops have not been ripped up and re-seeded with native vegetation within the year. The main challenges associated with this is the development of high density trees in existing areas of pasture where undesirable pasture species may be present in the rehabilitation such as Rhodes grass.

7.2.7 Disturbance and Rehabilitation Progression during the term of the MOP

Table 26: Disturbance and Rehabilitation Progression during the term of the MOP

YEAR Total

Disturbance Area (Ha)

Total Rehabilitation Area (Ha) (Per MOP

Year)*

Cumulative Rehabilitation

Area* Comments/Explanation

Start of MOP 0 (2014)

782 - 186

1 (2015)

858 41** 228 20Ha – South dump face

(21Ha existing CHPP bund)

2 (2016)

930 18 247 15Ha – South dump face

3Ha – North face

3 (2017)

1002 7 254 7Ha - South dump face

4 (2018)


5 (2019)


10Ha - North face

6 (2020)


10Ha - North face

End of MOP 7 (2021)


10Ha - North face

* Total Rehabilitation Area includes areas of land which are within the following phases: Landform Establishment and Growth Medium Development, Ecosystem and Land Use Establishment, and Ecosystem and Land Use Sustainability. Disturbance includes non-relinquished rehabilitated lands. ** 2015 include 21ha from the existing CHPP Visual Bund that has not been included previously.



Note that no flat areas on the 270RL are being rehabilitated due to the proposed modification to the final landform height as a result of the stake holder engagement process with Muswellbrook shire council to create a more undulating and natural landscape. These areas will instead be temporarily stabilised and are identified in Domain 10 on the Plan 3 series. Should the modification to the development consent to allow this landform change not be successful then these areas will be progressively transitioned into the rehabilitation phases.

7.3 Summary of Rehabilitation Areas during the MOP Term

The table below summarises the change in areas of each domain and associated phase of rehabilitation during the MOP period. It should be noted that at Bengalla, the following Domain relationships occur which explain the changing areas of each Domain:

The Active Mine Void heads west and generally increases in size slowly as time progresses due to the increasing strip length towards the west as well as reduction in highwall angle to increase production. The Mine Void generally consumes Infrastructure Areas ahead of mining, and then is converted to Overburden Emplacement once the basal seam is mined;

Water Management areas will vary over time but generally increase proportionally to the Overburden emplacement areas;

Infrastructure areas will generally remain the same as they are re-established ahead of mining before they become part of the active mine, but will increase slowly as production increases or pit geometry changes (i.e. Dry Creek infrastructure); and

Overburden Emplacement Areas will always increase as time progresses. The Active Overburden Emplacement Areas may increase or decrease depending on dumping sequence and ability to convert from an Active dump to a Rehabilitation Phase for a specific Rehabilitation Domain. All Rehabilitation Areas should always increase with time unless dehabilitation is require



Table 27 Rehabilitation Data Table P

rim

ary

Do

mai

n

Sec

on

dar

y D

om

ain

Co

de

(Pla

n

leg

end

)

Rehabilitation Phase

Start of MOP 2014 (Ha)

Year 1 2015 (Ha)

Year 2 2016 (Ha)

Year 3 2017 (Ha)

Year 4 2018 (Ha)

Year 5 2019 (Ha)

Year 6 2020 (Ha)

Year 7 2021 (Ha)

Domain 6 – Active Void

6 - 6 Active 169 168 199 216 203 185 191 185

Domain 3 – Water Management

3 - 3 Active 30 46 46 59 58 58 58 57

Domain 1 – Infrastructure

1 - 1 Active 151 147 160 176 173 170 162 168

Domain 4 – Overburden Emplacement

4 - 4 Active 214 230 211 213 189 208 216 224

Domain 5 – Topsoil Stockpiles

5 - 5 Active 16 23 33 42 46 47 48 50

Domain 10 – Temporary Stabilisation

10

- 10 Active 14 16 34 42 64 69 77 82

Total –Primary Domains 595 630 683 748 734 737 753 766 Domain I – Final Void

-

Fin

al V

oid

(A)

A

Decommissioning 0 0 0 0 0 0 0 0

Landform Establishment 0 0 0 0 0 0 0 0

Growth Medium Development 0 0 0 0 0 0 0 0

Ecosystem Establishment 0 0 0 0 0 0 0 0

Ecosystem Development 0 0 0 0 0 0 0 0

Relinquished Lands 0 0 0 0 0 0 0 0

Total 0 0 0 0 0 0 0 0



Domain K – Rehabilitation Area – Class III Pasture -

Reh

abili

tatio

n A

rea

– C

lass

III P

astu

re (

B)

B




Ecosystem Establishment 5.7 5.7 5.7 5.7 0 0 0 0



Total 5.7 5.7 5.7 5.7 5.7 5.7 5.7 5.7

Domain D – Rehabilitation Area – Class IV & V Pasture

-

Reh

abili

tatio

n A

rea

– C

lass

IV &

V P

astu

re

(C)

C



Growth Medium Development 8.8 21.6 13.5 7.0 12.0 21.1 20.8 22.9

Ecosystem Establishment 31.2 40.0 61.6 75.1 82.1 94.1 115.2 135.9



Total 40.0 61.6 75.1 82.1 94.1 115.2 135.9 158.8

Domain E – Rehabilitation Area – Woodland

-

Reh

abili

tatio

n A

rea

– W

oodl

and

(D)

D



Growth Medium Development 13.8 20.0 5.4 0.0 0.0 0.0 0.0 0.0 Ecosystem Establishment 127.1 140.9 161.0 166.4 166.4 166.4 166.4 166.4 Ecosystem Development 0 0 0 0 0 0 0 0


Total 161.0 166.4 166.4 166.4 166.4 166.4 166.4 161.0 Domain L – Rehabilitation Area – Dry Creek Reinstatement

-

Reh

abili

tatio

n A

rea

– D

ry

Cre

ek

Rei

nsta

tem

ent

(E)

E









Total 0 0 0 0 0 0 0 0

Domain M – Tree Restoration Areas

-

Fin

al V

oid

(A)

F







Total 0 0 0 0 0 0 0 0 Total –Secondary Domains 187 228 247 254 267 287 308 331 Total – Primary and Secondary Domains 782 858 930 1002 1002 1024 1061 1097

Notes:

Decommissioning and Landform establishment are shown as 0 since these phases are usually complete during the year and progressed to Growth Medium Development by the end of the year.

No rehabilitation is expected to be at the relinquishment phase during this MOP Term. All areas have been rounded up to the nearest Ha for table display purposes and therefore may show slight errors to the totals is adding the table

numbers together. In 2015 the CHPP visual bund had been incorporated into the rehabilitation phases where it previously has not been counted – it has an area of

21.62Ha in the Domain D – Pasture. Domain Polygons and areas have changed since last MOP due to new domains being created for alignment to the new development consent – this will

therefore not directly correspond to previous MOP or AEMR reporting.



7.4 Relinquishment phase achieved during MOP Period

No areas at Bengalla either before or over the proposed MOP period will meet the rehabilitation requirements for completed rehabilitation – the Relinquished Lands Phase.



8 Rehabilitation Monitoring and Research

The aim of Bengalla’s monitoring and research programs are to determine the success of rehabilitation, and continually improve the rehabilitation strategy. This is generally conducted through rehabilitation audits and annual rehabilitation monitoring programmes. Monitoring programs are designed to assess what is working and what is not, with the data gathered used to guide the creation and assess the progress of completion criteria.

8.1 Rehabilitation Monitoring

Bengalla has implemented a monitoring program that assesses the performance of rehabilitation areas across the site. The monitoring program is based on performance indicators that utilise methodologies and can provide quantitative data to assess changes occurring over time.

A consistent and quantitative methodology has been implemented and is undertaken on a periodic basis, ensuring a satisfactory number of analogue/baseline sites are established to inform target setting. Data from analogue sites is used to establish target values for key biophysical parameters and indicators related to vegetation diversity/structure and habitat complexity. Permanent quadrats have been established and are reassessed at a maximum of two year intervals, at least in the short term, to ensure restorative strategies are progressing.

The monitoring methodology adopted is a standard and simple procedure that can be replicated over any vegetation community or rehabilitation area and allows results to compare similar communities.

The monitoring program involved the application of the CSIRO developed Ecosystem Function Analysis (EFA) tool (Tongway and Hindley, 2004), vegetation monitoring components, and a visual monitoring.

Rehabilitation monitoring at Bengalla is undertaken through the implementation of the following:

An annual transect-based (detailed) rehabilitation monitoring programme (EFA); and

Annual rehabilitation audit consisting of a reconnaissance level / walk through rapid assessment of all rehabilitated lands, and include observations of rehabilitation and some design recommendations for remediation of failed areas.

The transect-based rehabilitation monitoring programme was implemented in 2009, and has been undertaken by AECOM since 2011. The monitoring programme involves several components, comprising the CSIRO-developed Ecosystem Function Analysis (EFA) tool (Tongway & Hindley, 2004), vegetation dynamics, habitat complexity and disturbance assessments, pasture assessments, soil sampling and analyses, and photographic monitoring.

A slight change in monitoring methodology for native ecosystems in the new Woodland Domain derived from Nichols (2005-ACARP Project C13048) may be planned going forward being more suitable than the EFA method mentioned above. Monitoring sites are generally planned at around 1 per 30 Ha for each major domain and age class. Sites are monitored 12 months after establishment and then can be extended to every 2 years. Plot design is similar but slightly different.



Permanent monitoring transects and associated photo reference sites are established in areas of post-mined rehabilitated lands and correspondingly in an adjacent undisturbed areas to provide analogue/reference sites.

Overall, the data derived from the monitoring programme provides a scientifically robust platform against which the effectiveness of post mining rehabilitation techniques can be assessed and, where applicable, amended. This is done with the aim of achieving sustainable post mining vegetation communities which are aligned to the proposed post mining land use for the Bengalla mining lease area and close out of associated approval conditions.

In addition to fixed plot monitoring, simple walkthrough audits/inspections are planned annually through revegetated areas to determine if any remedial action is required with the intention to identify maintenance before situations deteriorate.

8.2 Research and Rehabilitation Trials and Use of Analogue Sites

8.2.1 Research – Biochar – Soil Carbon Project

The Bengalla soil carbon project commenced in late 2011. The Agricultural Productivity Research Programme proposal was submitted in July of 2011 during the draft consent consultation period. The submission made by Bengalla was accepted and subsequently the proposal was included into the final Development Consent that was approved in October 2011.

The technical objective of the project is to develop a predictive tool to determine the potential of building soil carbon. Biochar, derived from green waste, will be used to build soil carbon in an attempt to improve soil characteristics, and in particular, increase soil productivity as part of a comprehensive approach to the rehabilitation of mine sites in the Hunter Valley, New South Wales. The project will specifically:

Investigate the soil and plant response to plant-derived Biochar; Investigate the combined effects of Biochar with other common soil amendments; Investigate management practices that may improve the efficiency of Biochar application; Improve on pot trial methods for Biochar studies; and Model the costs and benefits of applying Biochar to soils disturbed by mining.

The second year of the project saw a focus on Biochar research through a PhD project commenced in 2012 at the University of Newcastle and further development of a soil carbon trading model.

The PhD project continued during 2013. Results of the project progress have been presented at a number of conferences, including the Tom Farrell Rehabilitation Conference in 2013.

An extensive literature review was undertaken on the use of Biochar for improving soil quality in various applications. Shortcomings were identified in the studies, particularly the issue of reinstatement of soil functionality, which is applicable to mine rehabilitation. Due to the lack of data on the issue, it was not possible to determine in advance whether Biochar would be suitable for mine rehabilitation.

The University of Newcastle have been elected to investigate the potential for Biochar to improve mine rehabilitation outcomes in the Hunter Valley. A literature review was carried out into rehabilitation of mines and the use of Biochar. The review assisted in planning the project and identifying suitable methods and material to trial. This ensured the trial conditions were representative



of Bengalla Mine and that the project’s objective of investigating the potential for Biochar to improve mine rehabilitation outcomes could be achieved.

Initial experimental pot trials of Biochar soil commenced during 2013. Preliminary pot trials identified a significantly positive plant response to Biochar and a number of potential causative mechanisms behind the improved plant growth. The impact of Biochar on plant growth was measured by plant germination rate, yield and growth rate (height).

The project moved into a maintenance phase with landholders after securing participants, farm planning, sampling and analysis and educational workshops. The maintenance phase has involved farmers touring the region and attending meetings and events to develop a greater understanding of holistic or conservation farming practices.

A group of 17 farmers attended a two day tour through the New England and North West Slopes and Plains of NSW, visiting properties that demonstrate the benefits of these farming practices including increased levels of soil carbon, improved landscape resilience, enhanced environmental services, improved human and animal welfare and improved productivity.

8.2.2 Analogue Sites

Currently Bengalla has 2 established native vegetation analogue sites situated west of the operation in pre-mined land. Site 1 is situated in regenerating forest within a cattle exclusion zone (established 2009), while site 2 is situated in regenerating forest within a grazed paddock (established 2012).

As part of rehabilitation changes in the BCMP, Bengalla plan on reviewing these existing analogue sites and is seeking to establish new representative analogue sites to the west of the mining lease where existing woodland exists. Other topographical factors that relate to rehabilitated land, such as slope and available growth medium, soil properties and vegetation diversity will be considered when selecting the sites.

The main indicators that the analogue sites will be used for is to compare the soil parameters on mine land overtime. The EIS contains as part of the soil and land capability study a summary of soil properties at the time of the study. This information has been used to establish initial completion criteria although the analogue sites over time will be used to refine this criteria. Vegetation parameters may not be as useful to compare the high density vegetation planning to be established for the Woodland Domain due to the degraded nature of the remnant vegetation communities in the Upper Hunter Valley.

Analogue sites for Pasture Domains are not planned apart from soil properties, with the parameters for completion criteria being based off and refined from grazing trials and comparable productivity to the associated land capability.

8.2.3 Grazing Trials on Rehabilitated Lands

In 2015 Bengalla proposes to commence a project to trial cattle agistment within established rehabilitation on the eastern OEA. The objective of the project is to demonstrate the capability of rehabilitated land to achieve the final land use objectives. Specifically the project will assist in understanding the potential impacts of grazing rehabilitated land in relation to weed growth, pasture species diversity, soil physical and chemical properties, soil and organic matter content, percentage



ground cover and erosion potential. Infrastructure to facilitate the trial has been installed in early 2015 with a cattle proof fence and water facilities.

Future trials for grazing will be developed once results from other local mine site grazing trials are shared, with the intent to head towards a total farm trial in the future pre relinquishment.

8.2.4 Species Suitability Trials Species suitability in both Pasture and Woodland domains will continue to be assessed as part of monitoring programs. Trial plots of the 2 nominated vegetation communities are planned to be sown to compare regrowth rates, stem density, canopy development. Results from these trials will be used to develop and refine completion criteria as an ongoing process.

8.2.5 Weed Control Trials on Rehabilitated Lands Weed control on rehabilitated lands will be ongoing and varied based on the weed species and coverage area. Both herbicides and grazing are currently being trialled on different areas of the rehab to address current weed issues. The results of these trials will be used in continuous improvement of weed control on site.



9 Intervention and Adaptive Management

9.1 Threats to Rehabilitation

Progressive implementation of rehabilitation will occur as soon as practicable after mining is complete. An analysis of threats that may impact on the ability for Bengalla to achieve rehabilitation has been completed through a risk assessment process, and forms the basis of the Trigger Action Response Plan (TARP). This can be seen in Table 28.

9.2 Trigger Action Response Plan

The TARP identifies the proposed contingency strategies in the event of unexpected variations or impacts to rehabilitation outcomes, e.g. a failure to meet a nominated completion criterion (Table 29). The TARP considers the contributing factors that may lead to the risk and the processes to be utilised by Bengalla to recognise these risks and respond in a timely manner.

Bengalla’s rehabilitation monitoring program shall be the primary means to monitor the effectiveness of the mitigation measures for each planned response action. Bengalla shall progressively check that the response is suitable for managing a situation, before risks to rehabilitation become unacceptable, unmanageable or irreversible. The DRE and other relevant stakeholders will be notified of exceedances which may result in major impacts to rehabilitation.

Accurate identification of trigger levels provide for early responses to emerging risks to rehabilitation. As conditions on a mine change, new major hazards may be identified and added to the TARP. Bengalla will regularly review its risks and update the TARP as required.



Table 28 Analysis of Rehabilitation Threats

Phase Rehabilitation Threat Potential Adverse Outcome Consequence Likelihood Risk

Rating

1 Failure to decommission effectively Unable to progress rehabilitation 1 D L

2 Final Landform not compliant Unable to meet land capability requirements 2 C M

2 Unsuitable surface material Unable to support growth medium 2 C M

2 Unstable final void or landform Unable to meet land capability requirements and potential public safety issues

3 D M

2 Inability to reshape final landform Unable to progress rehabilitation 1 D L

3 Inadequate growth medium quality Unable to support rehabilitation requirements 2 C M

3 Insufficient growth medium quantity Unable to support rehabilitation requirements 2 C M

4 Uncontrolled access Damage to rehabilitation 2 C M

4 Inadequate seed for rehabilitation Poor establishment success. 2 C M

4 Poor establishment of vegetation Unable to progress rehabilitation 2 C M

4 Inadequate species diversity Unable to meet completion criteria 2 C M

4 Inadequate weed control Widespread failure of rehabilitation 3 C H

4 Inadequate feral animal control Widespread failure of rehabilitation 2 C M

4 Insect attack, disease infestation Widespread failure of rehabilitation 2 C M

4 Lack of habitat features Native fauna not present in ecosystem 2 C M

4 Pasture areas not suitable for grazing productively Unable to meet land capability requirements 3 D M



Phase Rehabilitation Threat Potential Adverse Outcome Consequence Likelihood Risk

Rating

4 Lack of follow up maintenance Degradation of rehabilitation quality 3 C H

4/5 Decline in soil quality Degradation of rehabilitation quality 3 D M

4/5 Surface water quality inadequate Unable to meet completion criteria 2 C M

4/5 Lack of bushfire resilience Widespread damage to rehabilitation 3 D M

4/5 Unexpected settlement or surface condition Unable to complete rehabilitation 3 D M

4/5 Severe and/or prolonged drought Widespread failure of revegetation 2 C M

5 Unsatisfactory quality of final void waters Unable to meet completion criteria 3 D M

All Active erosion on rehabilitated areas Degradation of rehabilitation quality 2 C M

All Rehabilitated areas not meeting land capability criteria Unable to complete rehabilitation 3 D M

All Failure to meet completion criteria Unable to relinquish mining lease 3 D M

All Major Storm event Widespread damage to rehabilitation areas 3 D M

All Changing climatic conditions Environmental management failure or inability to meet completion criteria

2 C M

All Major geotechnical failure of OEA Widespread damage to rehabilitation areas 3 D M

All Continuous offsite release of contaminants Long-term management of treatment 3 D M

All Spontaneous Combustion or Acid Rock Drainage Environmental impacts or property damage 3 D M

All New regulatory requirements or community expectations leading to difficulties negotiating or attaining completion criteria.

2 C M



Table 29 Trigger Action Response Plan

Rehabilitation Threat Contributing

Factors Mitigation Measures

MonitoringProcess and

Trigger Proposed Response Action

TARP Ref No.

Failure to decommission effectively

Not included in closure planning

Budget constraints

Closure planning to include decommissioning

Visual inspection at time to decommission

Create decommissioning plan if not included in closure planning and remove remaining infrastructure/equipment.

1

Final Landform not compliant

Insufficient material

Not shaped to design

Mine Planning schedules and designs updated annually

Shaping to final landform to design Survey control and monitoring GPS equipment utilisation

Mine Planning identify

Design Compliance

Review dump designs and schedules

Discussions with DRE on variance

Changes to MOP and final landform

Remedial work to achieve design

2

Unsuitable surface material

Rocky, carbonaceous or ARD material incorrectly dumped

Inappropriate handling of materials

Mine Planning mining and dump sequences

ARD and Mineral waste management plan Dump designs Chemical approval process to use products

onsite. Maintain the contaminated land register via

regular reviews.

Visual inspections prior to and during landform establishment

Removal of unsuitable material and replacement with suitable material

Remediation as required 3

Unstable final void or landform

Weak material Slopes to steep Slopes not

stabilised

Suitable material used Dump construction geotechnically

assessed Final landform to be rehabilitated as soon

as practicable

Visual inspections

Design assessments

Investigate source of instability and develop remediation plan (i.e. backfill, stabilise, redirect water flow)

4

Inadequate growth medium quality

Poor topsoil management

Inadequate

Topsoil management Plan Soil testing

prior to use

Utilisation of appropriate soil ameliorants, where appropriate

Review of topsoil indicator

5







TARP Ref No.

topsoil resource parameters during rehabilitation monitoring program.

Insufficient growth medium quantity

Poor topsoil inventory management

Inadequate topsoil resource

Erosion

Topsoil inventory management Stabilisation

Topsoil inventory balancing

Mine Planning Rehabilitation

monitoring program

Identify other sources of growth medium.

Re-apply topsoil/growth medium

6

Uncontrolled access

Demarcation not installed

Existing demarcation damages

Demarcation installed after rehabilitation started

Visual inspections

Visual inspections

Install/mend demarcation where required 7

Inadequate seed for rehabilitation

Pre-mining areas may be a poor seed resource

Natural factors Poor seed

management External

supplier issues

Species mix aligned to the floristic structure of the plant community of the site.

Seed viability tests pre-spreading. Seed areas to match expected seasonal

variation/conditions, e.g. cover crops in Summer.

Establish a broad supply base of seed to mitigate supply limitations

Establish a broad species base to mitigate undersupply and climatic variation.

Rehabilitation monitoring program

Review Vegetation community and species list

Initiate revegetation program

8

Poor establishment of vegetation

Natural factors Sowing time Inadequate

growth medium

Seasonal sowing program or cover cropping

Use of ameliorants in growth medium Broad species base


Create revegetation plan (re-sowing or tube stock), seasonal considerations and finding from investigation.

9

Inadequate species diversity

Natural factors Inadequate

seed quality

Broad species base Seasonal sowing program or cover

cropping Evidence for species suitability


Review species list and seasonal sowing program 10







TARP Ref No.

Inadequate weed control

Natural Factors Inadequate

topsoil management

Lack of rehabilitation maintenance

Encourage rapid establishment of ground cover (direct application onto or within organic mediums is preferred option).

Weed control undertaken in accordance with the requirements of the Noxious Weeds Act 1993.

Weed species density and distribution monitored.

Weed control undertaken by competent operators.

Topsoil supply assessed for weeds prior to stripping and treated, if required.


Surrounding Landholders

Initiate Weed management program

Regenerate vegetation in affected areas

11

Inadequate feral animal control

Natural Factors Lack of

rehabilitation maintenance

Presence of damage from pest animal species monitored.

Pest animal control undertaken by competent operators


Surrounding Landholders

Initiate Pest management program

Regenerate vegetation in affected areas

12

Insect attack, disease infestation

Natural Factors Lack of

rehabilitation maintenance

Aim to encourage diversity within the vegetation community and undertake regular monitoring.

Encourage spiders, insects, frogs, lizards and insectivorous birds possibly by providing suitable habitat and food resources such as nesting boxes, logs, rocks, wetland areas etc.


Initiate revegetation program to compensate for areas of deficiency

13

Lack of habitat features Logs, fallen

trees and rocks not present in native areas

Ensure that habitat features are included in woodland rehabilitation


Create/install more habitat features in woodland rehabilitation

14

Pasture areas not suitable for grazing productively

Rehabilitation does not meet land capability

Plan grazing trials to ensure suitability by the time of relinquishment

Use of industry knowledge in surrounding area and other mine sites

Results of trials Rehabilitation

monitoring program

Review Pasture domain based on results of trials 15







TARP Ref No.

Lack of follow up maintenance Budget

constraints

Undertake regular monitoring and implement action strategy when required

Include suitable maintenance costs in budget


Review budget annually 16

Decline in soil quality Poor quality

Growth medium Lack of follow

up maintenance

Topsoil Management Rehabilitation Monitoring and maintenance


Initiate additional rehabilitation maintenance to improve soil quality

17

Surface water quality inadequate Water

contamination

Encapsulation of carbonaceous and ARD material

No hazardous material on the landform surface

Stabilise surface as soon as possible


Remediate contamination or stabilise surface depending on the source.

18

Lack of bushfire resilience

Natural factors, Inappropriate

management of fire related risk activities

Inappropriate maintenance of fire controls

Selection of fire-tolerant species for revegetation and adoption of standard fire prevention measures.

Fire management on buffer land, including obligation of lease agreements for landholders to maintain firebreaks and minimise fire hazards.


Monitor regrowth and initiate revegetation program if affected rehabilitation areas do not regenerate. (historical lightning strike on south dump regenerated without intervention)

19

Unexpected settlement or surface condition

Inappropriate dump design or execution.

Dump design includes reject emplacement considerations, and settlement monitoring

Rock raking of rehabilitation areas.

Survey, Rehabilitation monitoring program

Review operating procedures and initiate corrective actions.

20

Severe and/or prolonged drought Natural factors

Selection of drought-tolerant species for revegetation.

Selection of species aligned to desired vegetation community.


Review existing species list and change if required.

Remedial rehabilitation (re-seeding), if required.

21

Unsatisfactory quality of final void waters

Poor design parameters

Upon closure, model final limnology of pit waters to assess risks associated with stratification.

If required, configure final voids to minimise

Water monitoring program

Investigation to identify source, then develop possible remedial actions

22







TARP Ref No.

risk of stratification and overturning.

Active erosion on rehabilitated areas

Poor rehabilitation design

Storm events

Rehabilitation design, which minimises slope >10o.

Rapidly stabilise the substrate and increase organic matter using sterile cover crops.

Sow with appropriate methods perennial ground cover species suitable to the final land use.


Design Compliance

Complete earthworks to remediate affected areas

Correct drainage lines Repeat mitigation measures

23

Rehabilitated areas not meeting land capability criteria

Poor rehabilitation design and/or implementation

Review of topsoil indicator parameters during rehabilitation monitoring program.

Rehabilitation design as per specialist technical report.

Landform Design aligns with Class


Investigate and initiate corrective actions 24

Failure to meet completion criteria

Incorrect Completion criteria,

Incorrect implementation of rehabilitation

Correct source/justification for criteria Annual monitoring of trending data


Revise completion Criteria in conjunction with DRE 25

Major Storm event

Design not compliant to MOP requirements

Natural factors (storm intensity greater than design)

Design final landforms to cope with major storm events ( 1 in 20 year ARI).


Review damage and plan corrective actions including earthworks, drainage and vegetation.

26

Changing climatic conditions Natural/External

factors

Assess climate change risks and implement adaptation measures where required.

Adaptive rehabilitation outcomes/criteria based on long term climatic conditions, as


Develop action plan to revegetate based of future environmental factors and address causes.

27







TARP Ref No.

required. Use of compost materials and mulches to

increase organic carbon levels and improve soil structure with resultant increase in infiltration and water holding capacity.

Major geotechnical failure of OEA Inadequate

dump design

Routine geotechnical assessments. Slope and dump stability planning.

Survey, Rehabilitation monitoring program

Review modes of failure and initiate plan to correct earthworks and vegetation

28

Continuous offsite release of contaminants

Failure of containment structures

Inappropriate design

Ongoing geochemical characterisation of mined materials and void wall rock during operations to accurately predict risk factors and develop management measures where required.

Ongoing monitoring of runoff and seepage waters during operations to validate predictions.


Water monitoring program

Corrective earthworks to prevent offsite release and remediate the source of contamination.

29

Spontaneous Combustion or Acid Rock Drainage

Natural material properties

Inappropriate handling of materials

Characterisation of spontaneous combustion risk and adoption of standard combustion prevention measures.

ARD and Mineral Waste Management Plan


Dig out affected areas where possible and seal, remedial earthworks with inert material and revegetate.

30

New regulatory requirements or community expectations External factors

Monitor trends and developments in legislation and changes to community expectations.

Continue to regularly consult with stakeholders to gain acceptance of completion criteria.

New Guidelines and stakeholder engagement processes

Continue to regularly consult with stakeholders to gain acceptance of completion criteria.

31



10 Reporting

10.1 Reporting

The following reporting at Bengalla will be undertaken as per the requirements of Schedule 5 of the Development Consent SSD-5170:

Annual Review (AR) (previously referred to as Annual Environmental Management Report); Incident reporting mechanism; Independent Environmental Audit;

The Annual Review details activities undertaken during the reporting period that support progression towards the post mining land use goal and rehabilitation objectives. The AR includes:

A summary of mining operations A summary of rehabilitation activities Environmental performance of:

o Surface water o Ground water o Erosion and sediment control o Waste management o Contaminated land o Flora and Fauna o Weeds and Pests

Trends in monitoring data Non-compliances Actions based on non-conformances, incidents or monitoring results Proposed activities Including:

o Maintenance on Rehabilitation o Research and Trials

Any other environmental areas required by the DRE

Bengalla also provides environmental information to the public via website including: Statutory approvals and associated documents; summary of environmental monitoring results; complaints register; CCC meeting minutes; Audit information, management plans and any other information required by the Secretary.

Rehabilitation monitoring is also reported to assess compliance against completion criteria. This information can and is used in the AR process.



11 Rehabilitation Maps



12 Review and Implementation of the MOP

12.1 Review of the MOP

This section provides details on the protocol for reviewing and revising the MOP.

The MOP will be reviewed, and if necessary revised when:

Any Modification to the conditions of the Development Consent is submitted; Any new Development Consent is granted; A new MOP is to be submitted.

This MOP may also be revised due to:

Changing environmental requirements; Deficiencies of the MOP being identified; Changes in legislation; Result or recommendations from monitoring programs; Improvements in knowledge or technology; Where a risk assessment identifies the requirement to alter the MOP; and Change in the activities or operations associated with Bengalla Mine.

12.2 Implementation

The following table defines the personnel who are responsible for the monitoring, review and implementation of this MOP.

Table 30: Responsibilities for implementation of the MOP

Title Responsibility

Production / Mine Manager

Implement the procedures referenced in the MOP. Undertake training in relevant Management Plans and

procedures as required. Provide resources required and support to implement these

procedures. Allow for forward planning to prepare and bulk shape areas

for rehabilitation.

Technical Services Manager

Implement the procedures referenced in the MOP. Undertake training in relevant Management Plans and

procedures as required. Provide resources required and support to implement these

procedures. Allow for forward planning to prepare and bulk shape areas

for rehabilitation.

Environmental Specialist

Prepare the relevant Management Plans. Implement, monitor and review the programmes and

procedures linked to this MOP. Consult with regulatory authorities as required. Undertake monitoring as required. Undertake maintenance as required.



Title Responsibility

Provide measures for continual improvement to this MOP and procedures.

Ensure all personnel undertaking works in relation to this MOP are trained and competent.

Report the progress of any rehabilitation and monitoring of biodiversity in the AEMR.

Environmental Advisor

Provide support for the implementation of the Environmental Specialist’s responsibilities



13 References

Agfacts – AC.25 – Agricultural Land Classification, NSW Agriculture

ACARP C20017 - Criteria For Functioning River Landscape Units In Mining And Post Mining Landscapes, March 2014

Bengalla Environmental Impact Study (EIS) 2013

Bengalla Feasibility Study (1993)

Bengalla SEE (2006)

Bengalla EA (2008)

Bengalla EA (2010)

Bengalla DA 211/93

Bengalla DA SSD-5170

Bengalla Response to Submissions (RTS) 2014

Bengalla Mine - Aboriginal Heritage Management Plan

Bengalla Mine - Acid Rock Drainage and Mineral Waste Management Plan

Bengalla Mine - Air Quality & Greenhouse Gas Management Plan

Bengalla Mine - European Heritage Management Plan

Bengalla Mine - Land Management Plan

Bengalla Mine - Landscape Management Plan

Bengalla Mine - Noise Management Plan

Bengalla Mine - Pollution Incident Response Management Plan

Bengalla Mine - Rehabilitation Management Plan

Bengalla Mine - Slope and Dump Management Plan

Bengalla Mine - Water Management Plan

Burns, M (2005) The keys to sustainable ecosystem establishment on mine sites, Global Soil Systems, June 2005

Burns, M (2015) Expanded Rehabilitation Details in Support of the Bengalla MOP, Global Soil Systems, March 2015

CSIRO - Ecosystem Function Analysis (EFA) tool (Tongway and Hindley, 2004)

DP&I Synoptic Plan: Integrated Landscapes for Coal Mine Rehabilitation in the Hunter Valley of New South Wales

EP&A Act

ESG3 – Mining Operations Plan Guidelines

Hazelton, P. and Murphy, B. (2007) Interpreting soil test results – What do all the numbers mean?, NSW Department of Natural Recourses, CSIRO Publishing, Collingwood

Heritage Act register of Heritage Orders

Hunter Regional Plan Heritage schedule

Mining Act 1992

National Parks and Wildlife Amendment Act 2010

National Trust Register



Topsoil Management Guide for Bengalla Mine

Wantana Extension SEE

Development of Rehabilitation Completion Criteria for Native Ecosystem Establishment on the Coal Mines in the Hunter Valley (ACARP, Nichols, 2005);

Class III Land Rehabilitation – Bengalla Mine Site (GSS Environmental 2012)



14 Acronyms A HIP Aboriginal Heritage Impact Permit AL Assessment Lease ARD Acid Rock Drainage BJV Bengalla Joint Venture BMC Bengalla Mining Company BMP Biodiversity Management Plan CCC Community Consultative Committee CHPP Coal Handling Preparation Plant CNA Coal & Allied CNAADF Coal & Allied Aboriginal Development Fund CNAEP Coal & Allied Environmental Procedure DA Development Application DMC Dense Medium Cyclones DMR Department of Mineral Resources DOP Department of Planning DP&I Department of Planning and Infrastructure DP&E Department of Planning & Environment DPI Department of Primary Industries DRE Division of Energy and Resources DTIRIS Department of Trade and Investment, Regional Infrastructure and Services EA Environmental Assessment EIS Environmental Impact Statement EMS Environmental Management System EP&A Environmental Planning and Assessment EPL Environmental Protection License ESU Environnemental Sustainability Unit GDP Ground Disturbance Permit GPS Global Positioning System HSEQ Health, Safety Environment and Quality HRSTS Hunter River Salinity Trading Scheme ISS Intake Switching Station LOX Line of Oxidation MAC Mt Arthur Coal ML Mining Lease MOP Mine Operations Plan MSC Muswellbrook Shire Council MTP Mt Pleasant NOW New South Wales Office of Water OEA Overburden Emplacement Area OEH Office of Environment and Heritage RCE Rehabilitation Cost Estimate ROM Run Of Mine RTCA Rio Tinto Coal Australia RTEMS Real Time Environmental Monitoring System SEE Statement of Environmental Effects SOEA Southern Overburden Emplacement Area TLO Train Load Out WOEA Western Overburden Emplacement Area ZOA Zone Of Affectation



Appendix A – SSD-5170

2

TABLE OF CONTENTS

DEFINITIONS 3 ADMINISTRATIVE CONDITIONS 5 Obligation to Minimise Harm to the Environment 5 Terms of Consent 5 Limits on Consent 5 Notice of Commencement 5 Surrender of Existing Development Consent 6 Structural Adequacy 6 Demolition 6 Protection of Public Infrastructure 6 Operation of Plant and Equipment 6 Updating & Staging Submission of Strategies, Plans or Programs 6 Voluntary Planning Agreement 6 ENVIRONMENTAL PERFORMANCE CONDITIONS 7 Acquisition Upon Request 7 Additional Mitigation Upon Request 7 Noise 8 Blasting 9 Air Quality 11 Meteorological Monitoring 13 Water 13 Biodiversity 15 Heritage 17 Transport 17 Visual 18 Bushfire Management 19 Waste 19 Rehabilitation 19 ADDITIONAL PROCEDURES 21 Notification of Landowners/Tenants 21 Independent Review 21 Land Acquisition 22 ENVIRONMENTAL MANAGEMENT, REPORTING & AUDITING 23 Environmental Management 23 Reporting 24 Independent Environmental Audit 25 Access to Information 25

APPENDIX 1: SCHEDULE OF LAND 26

APPENDIX 2: DEVELOPMENT LAYOUT 27

APPENDIX 3: TERMS OF THE VOLUNTARY PLANNING AGREEMENT 28

APPENDIX 4: LAND OWNERSHIP 29

APPENDIX 5: NOISE COMPLIANCE ASSESSMENT 30

APPENDIX 6: HISTORIC HERITAGE SITES 31

APPENDIX 7: BIODIVERSITY OFFSET AREAS 32

APPENDIX 8: CONCEPTUAL REALIGNMENT OF BENGALLA LINK ROAD 36

APPENDIX 9: CONCEPTUAL FINAL LANDFORM 37

3

DEFINITIONS

Annual review The review required by condition 4 of schedule 5 ARI Average recurrence interval Applicant Bengalla Mining Company Pty Limited, or anyone else who relies on this

consent to carry out the development that is subject to this consent BCA Building Code of Australia Biodiversity offset strategy The biodiversity offset strategy described in the EIS, and depicted

conceptually in the figures in Appendix 7 Blast misfire The failure of one or more holes in a blast pattern to initiate CCC Community Consultative Committee Conditions of this consent Conditions contained in schedules 1 to 5 inclusive Council Muswellbrook Shire Council Day The period from 7am to 6pm on Monday to Saturday, and 8am to 6pm on

Sundays and Public Holidays Development The development described in the development application and EIS Department Department of Planning and Environment DRE Division of Resources and Energy within the NSW Department of Trade

& Investment EEC Endangered ecological community, as defined under the Threatened

Species Conservation Act 1995 EIS Environmental impact statement titled Continuation of Bengalla Mine,

Environmental Impact Statement (6 volumes), dated September 2013, as modified by the Response to Submissions dated March 2014

EPA Environment Protection Authority EP&A Act Environmental Planning and Assessment Act 1979 EP&A Regulation Environmental Planning and Assessment Regulation 2000 EPL Environment Protection Licence issued under the POEO Act Evening The period from 6pm to 10pm Feasible Feasible relates to engineering considerations and what is practical to

build or to implement Incident A set of circumstances that:

• causes or threatens to cause material harm to the environment; and/or • breaches or exceeds the limits or performance measures/criteria in this

consent Land As defined in the EP&A Act, except for where the term is used in the

noise and air quality conditions in Schedule 3 of this consent where it is defined to mean the whole of a lot, or contiguous lots owned by the same landowner, in a current plan registered at the Land Titles Office at the date of this consent

Material harm to the environment Actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial

Mine water Water that accumulates within, or drains from, active mining and infrastructure areas and any other areas where run-off may have come into contact with coal or carbonaceous material (synonymous with ‘dirty water’)

Mining operations Includes the removal and emplacement of overburden; and the extraction, processing, handling, storage and transport of coal on site

Minister Minister for Planning, or delegate Mitigation Activities associated with reducing the impacts of the development MSB Mine Subsidence Board Night The period from 10pm to 7am on Monday to Saturday, and 10pm to 8am

on Sundays and Public Holidays NOW NSW Office of Water NP&W Act National Parks and Wildlife Act 1974 OEH Office of Environment and Heritage within the Department of Premier and

Cabinet POEO Act Protection of the Environment Operations Act 1997 Privately-owned land Land that is not owned by a public agency or a mining company (or its

subsidiary) Public infrastructure Infrastructure that provides services to the general public, such as roads,

railways, water supply, drainage, sewerage, gas supply, electricity, telephone, telecommunications, etc

Reasonable Reasonable relates to the application of judgement in arriving at a decision, taking into account: mitigation benefits, cost of mitigation versus benefits provided, community views and the nature and extent of potential improvements

Rehabilitation The restoration of land disturbed by the development to a good condition to ensure it is safe, stable and non-polluting

4

RMS Roads and Maritime Services ROM Run-of-mine Secretary Secretary of the Department, or nominee Visual Receptor

Residence on privately-owned land and/or a tourist facility on privately-owned land

Site The land listed in Appendix 1 VPA Voluntary Planning Agreement that is made under Division 6 of Part 4 of

the EP&A Act

5

SCHEDULE 2 ADMINISTRATIVE CONDITIONS

OBLIGATION TO MINIMISE HARM TO THE ENVIRONMENT 1. In addition to meeting the specific performance criteria established under this consent, the Applicant shall

implement all reasonable and feasible measures to prevent and/or minimise any material harm to the environment that may result from the construction, operation, or rehabilitation of the development.

TERMS OF CONSENT

2. The Applicant shall:

(a) carry out the development generally in accordance with the EIS; and (b) comply with the conditions of this consent.

Note: The general layout of the development is shown in Appendix 2.

3. If there is any inconsistency between the above documents, the more recent document shall prevail to the

extent of the inconsistency. However, the conditions of this consent shall prevail to the extent of any inconsistency.

4. The Applicant shall comply with any reasonable requirement/s of the Secretary arising from the

Department’s assessment of: (a) any strategies, plans, programs, reviews, audits, reports or correspondence that are submitted in

accordance with this consent; (b) any reports, reviews or audits commissioned by the Department regarding compliance with this

consent; or (c) the implementation of any actions or measures contained in these documents.

LIMITS ON CONSENT Mining Operations 5. The Applicant may carry out mining operations on the site until 28 February 2039.

Note: Under this consent, the Applicant is required to rehabilitate the site and perform additional undertakings to the satisfaction of either the Secretary or the DRE. Consequently this consent will continue to apply in all other respects other than the right to conduct mining operations until the rehabilitation of the site and these additional undertakings have been carried out satisfactorily.

Coal Extraction 6. The Applicant shall not extract and/or process more than 15 million tonnes of ROM coal on site in any

calendar year. Coal Transport 7. The Applicant shall:

(a) only transport coal from the site by rail; and (b) restrict train movements from the Bengalla load point to a maximum of 16 laden trains a day.

Bengalla Link Road Construction Hours 8. The Applicant shall only construct the Bengalla Link Road between the hours of 7 am to 6 pm, Monday to

Friday and 8 am to 1 pm on Saturdays. NOTICE OF COMMENCEMENT 9. Prior to carrying out any development under this consent, the Applicant shall:

(a) certify that it has obtained all the necessary approvals required to commence development; and (b) notify the Secretary in writing of the date of commencement of development under this consent.

6

SURRENDER OF EXISTING DEVELOPMENT CONSENT 10. By the end of June 2016, unless the Secretary agrees otherwise, the Applicant shall surrender the existing

development consent for mining operations on site in accordance with Section 104A of the EP&A Act. Prior to the surrender of this consent, the conditions of this consent (once operational) shall prevail to the extent of any inconsistency with the conditions of this consent.

STRUCTURAL ADEQUACY 11. The Applicant shall ensure that all new buildings and structures, and any alterations or additions to existing

buildings and structure, are constructed in accordance with the relevant requirements of the BCA and MSB.

Notes: • Under Part 4A of the EP&A Act, the Applicant is required to obtain construction and occupation certificates for the

proposed building works. • Part 8 of the EP&A Regulation sets out the requirements for the certification of the development. • The development is located in the Muswellbrook Mine Subsidence District. Under Section 15 of the Mine Subsidence

Compensation Act 1961, the Applicant is required to obtain the MSB’s approval before conducting any improvements on site.

DEMOLITION 12. The Applicant shall ensure that all demolition work is carried out in accordance with Australian Standard

AS 2601-2001: The Demolition of Structures, or its latest version. PROTECTION OF PUBLIC INFRASTRUCTURE 13. Unless the Applicant and the applicable authority agree otherwise, the Applicant shall:

(a) repair, or pay the full costs associated with repairing, any public infrastructure that is damaged by the development; and

(b) relocate, or pay the full costs associated with relocating, any public infrastructure that needs to be relocated as a result of the development.

Note: This condition does not apply to any damage to roads caused as a result of general road usage.

OPERATION OF PLANT AND EQUIPMENT 14. The Applicant shall ensure that all plant and equipment used on site, and any equipment used offsite to

monitor the performance of the development, is: (a) maintained in a proper and efficient condition; and (b) operated in a proper and efficient manner.

UPDATING & STAGING SUBMISSION OF STRATEGIES, PLANS OR PROGRAMS 15. To ensure the strategies, plans or programs under this consent are updated on a regular basis, and that

they incorporate any appropriate mitigation measures to improve the environmental performance of the development, the Applicant may at any time submit revised strategies, plans or programs to the Secretary for approval. With the agreement of the Secretary, the Applicant may also submit any strategy, plan or program required by this consent on a staged basis.

With the agreement of the Secretary, the Applicant may revise any strategy, plan or program approved under this consent without consulting with all the parties nominated under the applicable conditions of consent.

Notes: • While any strategy, plan or program may be submitted on a progressive basis, the Applicant must ensure that the

existing operations on site are covered by suitable strategies, plans or programs at all times; and • If the submission of any strategy, plan or program is to be staged, then the relevant strategy, plan or program must

clearly describe the specific stage to which the strategy, plan or program applies, the relationship of this stage to any future stages, and the trigger for updating the strategy, plan or program.

VOLUNTARY PLANNING AGREEMENT

16. By the end of December 2015, or as otherwise agreed by the Secretary, the Applicant shall enter into a VPA

for the development with Council in accordance with: (a) Division 6 of Part 4 of the EP&A Act; and (b) the terms of the Applicant’s offer in Appendix 3.

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SCHEDULE 3 ENVIRONMENTAL PERFORMANCE CONDITIONS

ACQUISITION UPON REQUEST 1. Upon receiving a written request for acquisition from the owner of the land listed in Table 1, the Applicant

shall acquire the land in accordance with the procedures in conditions 5 and 6 of schedule 4.

Table 1: Land subject to acquisition upon request

Acquisition Basis Receiver No

Noise 152, 153, 154, 156

Note: To interpret the land referred to in Table 1, see the applicable figure in Appendix 4.

2. If the Applicant receives a written request for acquisition from the owner of the land listed in Table 2 and if

that land is no longer subject to acquisition upon request under the relevant development consent or project approval shown in Table 2, then the Applicant shall acquire the land in accordance with the procedures in conditions 5 and 6 of schedule 4.

Table 2: Land subject to acquisition upon request

Acquisition Basis Receiver No Mine

Noise 112, 113, 114, 120 Mt Arthur

Noise & Air 117, 118, 119, 155

Noise & Air 166, 168, 171 Mt Pleasant

Air 169

Notes: To interpret the land referred to in Table 2, see the applicable figure in Appendix 4.

ADDITIONAL MITIGATION UPON REQUEST 3. Upon receiving a written request from the owner of any residence on the land listed in Table 1 (unless the

landowner of that land has requested acquisition), Table 2 (if acquisition or additional mitigation by the mine listed in Table 2 is no longer available for the landowner of that land) and on the land listed in Table 3, the Applicant shall implement additional: (a) noise mitigation measures (such as double-glazing, insulation and/or air conditioning); and/or (b) air quality mitigation measures (such as air filters, a first flush roof water drainage system and/or air

conditioning), at any residence in consultation with the owner. These measures must be reasonable and feasible, and directed towards reducing the noise and/or air quality impacts of the development on any residence. The Applicant shall also be responsible for the reasonable costs of ongoing maintenance of these additional mitigation measures until the cessation of mining operations. If within 3 months of receiving this request from the owner, the Applicant and the owner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Secretary for resolution. Table 3: Land subject to additional noise and/or air quality mitigation upon request

Mitigation Basis Receiver

Noise & Air Quality 167

Noise 105, 1063, 108, 1093, 1103, 126, 146, 156, 1612, 1692, 184

Air Quality 1143

Notes: 1. To interpret the land referred to in Table 3, see the applicable figure in Appendix 4. 2. The Applicant is only required to provide additional mitigation for this property if these rights are no longer available

under the development consent for the Mt Pleasant mine. 3. The Applicant is only required to provide additional mitigation for this property if these rights are no longer available

under the project approval for the Mt Arthur mine.

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NOISE

Noise Criteria

4. Except for the noise-affected land in Tables 1 and 2, the Applicant shall ensure that the noise generated by the development does not exceed the criteria in Table 4 at any residence on privately-owned land. Table 4: Noise Criteria dB(A)

Location Day LAeq (15 min)

Evening LAeq (15 min)

Night LAeq (15 min) LA1 (1 min)

109, 110, 156, 161 40 40 40 45 106, 108 39 39 39 45 27, 169 39 39 36 45 105, 126 38 38 38 45 22, 23, 24, 25, 29, 43, 44 38 38 36 45 167 38 38 35 45 19, 64, 66 38 37 36 45 180, 184, 186 37 37 35 45 146 37 37 37 45 102, 130, 145, 189 36 36 36 45 All other privately-owned residences 35 35 35 45

Note: To interpret the land referred to in Table 4, see the applicable figure in Appendix 4. However, these criteria do not apply if the Applicant has a written agreement with the relevant landowner to exceed the noise criteria, and the Applicant has advised the Department in writing of the terms of this agreement. Noise generated by the development is to be measured in accordance with the relevant requirements of the NSW Industrial Noise Policy. Appendix 5 sets out the meteorological conditions under which these criteria apply and the requirements for evaluating compliance with these criteria.

Construction Noise – Bengalla Road Realignment 5. The Applicant shall manage the noise associated with the construction of the Bengalla Road realignment in

accordance with the noise management levels in Table 2 of the Interim Construction Noise Guideline. Operating Conditions 6. The Applicant shall:

(a) implement best noise management practice, which includes implementing all reasonable and feasible noise mitigation measures to minimise the construction, operational, road and rail noise of the development;

(b) operate a comprehensive noise management system on site that uses a combination of predictive meteorological forecasting and real-time noise monitoring data to guide the day-to-day planning of mining operations and the implementation of both proactive and reactive noise mitigation measures to ensure compliance with the relevant conditions of this consent;

(c) minimise the noise impacts of the development during meteorological conditions when the noise criteria in this consent do not apply (see Appendix 5);

(d) co-ordinate noise management at the Bengalla mine with the noise management at the Mt Arthur and Mount Pleasant mines to minimise cumulative noise impacts; and

(e) carry out regular attended monitoring in accordance with Appendix 5 (unless otherwise agreed with the Secretary), to determine whether the development is complying with the relevant conditions of this consent,

to the satisfaction of the Secretary. Noise Management Plan 7. The Applicant shall prepare and implement a Noise Management Plan for the development to the

satisfaction of the Secretary. This plan must: (a) be prepared in consultation with the EPA, and submitted to the Secretary for approval within

6 months of the date of this consent; (b) describe the measures that would be implemented to ensure compliance with the relevant conditions

of this consent; (c) describe the proposed noise management system in detail; and (d) include a noise monitoring program that:

• evaluates and reports on: o the effectiveness of the noise management system;

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o compliance against the noise criteria in this consent; and o compliance against the noise operating conditions;

• includes a program to calibrate and validate the real-time noise monitoring results with the attended monitoring results over time (so the real-time noise monitoring program can be used as a trigger for further attended monitoring where there is a risk of non-compliance with the noise criteria in this consent); and

• defines what constitutes a noise incident, and includes a protocol for identifying and notifying the Department and relevant stakeholders of any noise incidents.

BLASTING Blasting Criteria 8. The Applicant shall ensure that blasting on the site does not cause exceedances of the criteria in Table 5.

Table 5: Blasting criteria

Location Airblast overpressure (dB(Lin Peak))

Ground vibration (mm/s)

Allowable exceedance

Residence on privately owned land a

120 10 0%

115 5

5% of the total number of blasts

over a period of 12 months

However, these criteria do not apply if the Applicant has a written agreement with the relevant owner for higher levels, and has advised the Department in writing of the terms of this agreement.

Blasting Hours 9. The Applicant shall only carry out blasting on site between 7 am and 5 pm Monday to Saturday inclusive.

No blasting is allowed on Sundays, public holidays, or at any other time without the written approval of the Secretary.

Blasting Frequency 10. The Applicant shall carry out a maximum of:

(a) 2 blasts a day; and (b) 6 blasts a week, averaged over a calendar year, on the site.

This condition does not apply to blasts that generate ground vibration of 0.5 mm/s or less at any residence on privately-owned land, blast misfires or blasts required to ensure the safety of the mine, its workers or the general public. Notes: • For the purposes of this condition, a blast refers to a single blast event, which may involve a number of individual

blasts fired in quick succession in a discrete area of the mine. • For the avoidance of doubt, should an additional blast be required after a blast misfire, this additional blast and the

blast misfire are counted as a single blast. • In circumstances of recurring unfavourable weather conditions (following planned but not completed blast events), to

avoid excess explosive sleep times and minimise any potential environmental impacts, the Applicant may seek agreement from the Secretary for additional blasts to be fired on a given day.

Property Inspections 11. If the Applicant receives a written request from the owner of any privately-owned land within 3 kilometres of

the approved open cut mining pit on site for a property inspection to establish the baseline condition of any buildings and/or structures on his/her land, or to have a previous property inspection updated, then within 2 months of receiving this request the Applicant shall: (a) commission a suitably qualified, experienced and independent person, whose appointment is

acceptable to both parties to: • establish the baseline condition of any buildings and other structures on the land, or update the

previous property inspection report; and • identify measures that should be implemented to minimise the potential blasting impacts of the

development on these buildings and/or structures; and (b) give the landowner a copy of the new or updated property inspection report.

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If there is a dispute over the selection of the suitably qualified, experienced and independent person, or the Applicant or the landowner disagrees with the findings of the property inspection report, either party may refer the matter to the Secretary for resolution.

Property Investigations 12. If the owner of any privately-owned land claims that buildings and/or structures on his/her land have been

damaged as a result of blasting on the site, then within 2 months of receiving this claim the Applicant shall: (a) commission a suitably qualified, experienced and independent person, whose appointment is

acceptable to both parties to investigate the claim; and (b) give the landowner a copy of the property investigation report. If this independent property investigation confirms the landowner’s claim, and both parties agree with these findings, then the Applicant shall repair the damage to the satisfaction of the Secretary. If there is a dispute over the selection of the suitably qualified, experienced and independent person, or the Applicant or the landowner disagrees with the findings of the independent property investigation, then either party may refer the matter to the Secretary for resolution.

Operating Conditions 13. During mining operations on site, the Applicant shall:

(a) implement best management practice to: • protect the safety of people and livestock in the surrounding area; • protect public or private infrastructure/property in the surrounding area from any damage; and • minimise the dust and fume emissions of any blasting;

(b) ensure that blasting on site does not damage historic heritage sites (see the figure in Appendix 6); (c) minimise the frequency and duration of any road closures, and avoid road closures for blasting

during peak traffic periods; (d) operate a suitable system to enable the public and Council to get up-to-date information on the

proposed blasting schedule on site and associated road closures; (e) co-ordinate the timing of blasting on site with the timing of blasting at the Mt Arthur and Mount

Pleasant mines to minimise any cumulative blasting impacts; and (f) monitor and report on compliance with the relevant blasting conditions in this consent, to the satisfaction of the Secretary.

14. The Applicant shall not undertake blasting on site within 500 metres of:

(a) any public road; (b) the Ulan – Muswellbrook railway line; or (c) any land outside the site that is not owned by the Applicant, unless: • the Applicant has a written agreement with the applicable infrastructure authority or landowner to

allow blasting to be carried out closer to the infrastructure or land, and the Applicant has advised the Department in writing of the terms of this agreement; or

• the Applicant has: o demonstrated to the satisfaction of the Secretary that the blasting can be carried out closer to the

infrastructure or land without compromising the safety of people or livestock, or damaging buildings and/or structures; and

o updated the Blast Management Plan to include the specific measures that would be implemented while blasting is being carried out within 500 metres of the road or land.

Blast Management Plan 15. The Applicant shall prepare and implement a Blast Management Plan for the development to the

satisfaction of the Secretary. This plan must: (a) be prepared in consultation with the EPA and Council, and submitted to the Secretary for approval

within 6 months of the date of this consent; (b) describe the measures that would be implemented to ensure compliance with the blasting criteria

and operating conditions of this consent; (c) propose and justify any alternative ground vibration limits for any public infrastructure in the vicinity of

the site (if relevant); and (d) include a monitoring program for evaluating and reporting on compliance with the blasting criteria

and operating conditions.

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AIR QUALITY Air Quality Criteria 16. Except for the air-affected land in Tables 1 and 2, the Applicant shall ensure that all reasonable and feasible

avoidance and mitigation measures are employed so that the particulate emissions generated by the development do not exceed the criteria listed in Tables 6, 7 and 8 at any residence on privately-owned land.

Table 6: Long term criteria for particulate matter

Pollutant Averaging period d Criterion

Total suspended particulate (TSP) matter Annual a 90 µg/m3

Particulate matter < 10 µm (PM10) Annual a 30 µg/m3

Table 7: Short term criterion for particulate matter

Pollutant Averaging period d Criterion

Particulate matter < 10 µm (PM10) 24 hour a 50 µg/m3

Table 8: Long term criteria for deposited dust

Pollutant Averaging period

Maximum increase in deposited dust level

Maximum total deposited dust level

c Deposited dust Annual b 2 g/m2/month a 4 g/m2/month

Notes for Tables 6 to 8: • a Total impact (i.e. incremental increase in concentrations due to the development plus background concentrations

due to other sources); • b Incremental impact (i.e. incremental increase in concentrations due to the development on its own); • c Deposited dust is to be assessed as insoluble solids as defined by Standards Australia, AS/NZS

3580.10.1:2003: Methods for Sampling and Analysis of Ambient Air - Determination of Particulate Matter - Deposited Matter - Gravimetric Method; and

• d Excludes extraordinary events such as bushfires, prescribed burning, dust storms, sea fog, fire incidents, illegal activities or any other activity agreed to by the Secretary.

Air Quality Acquisition Criteria 17. If particulate matter emissions generated by the development exceed the criteria, or contribute to the

exceedance of the relevant cumulative criteria, in Tables 9, 10 and 11 at any residence or workplace on privately-owned land then upon receiving a written request for acquisition from the landowner, the Applicant shall acquire the land in accordance with the procedures in conditions 5 and 6 of schedule 4. Table 9: Long term land acquisition criteria for particulate matter

Pollutant Averaging period dCriterion

Total suspended particulate (TSP) matter Annual a 90 µg/m3

Particulate matter < 10 µm (PM10) Annual a 30 µg/m3

Table 10: Short term land acquisition criteria for particulate matter

Pollutant Averaging period dCriterion

Particulate matter < 10 µm (PM10) 24 hour b50 µg/m3

Table 11: Long term land acquisition criteria for deposited dust

Pollutant Averaging period

Maximum increase in deposited dust level

Maximum total deposited dust level

c Deposited dust Annual b 2 g/m2/month a 4 g/m2/month

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Notes to Tables 9-11: • a Total impact (i.e. incremental increase in concentrations due to the development plus background concentrations

due to other sources); • b Incremental impact (i.e. incremental increase in concentrations due to the development on its own); • c Deposited dust is to be assessed as insoluble solids as defined by Standards Australia, AS/NZS

3580.10.1:2003: Methods for Sampling and Analysis of Ambient Air - Determination of Particulate Matter - Deposited Matter - Gravimetric Method; and

• d Excludes extraordinary events such as bushfires, prescribed burning, dust storms, sea fog, fire incidents, illegal activities or any other activity agreed to by the Secretary.

Mine-owned Land 18. The Applicant shall ensure that all reasonable and feasible avoidance and mitigation measures are

employed so that particulate matter emissions generated by the development do not cause exceedances of the criteria in Tables 6, 7 and 8 at any occupied residence on mine-owned land (including land owned by another mining company) unless: (a) the tenant or landowner (if the residence is owned by another mining company) has been notified of

any health risks associated with such exceedances in accordance with the notification requirements in schedule 4 of this consent;

(b) the tenant of any land owned by the Applicant can terminate their tenancy agreement without penalty at any time, subject to giving reasonable notice;

(c) air quality monitoring is regularly undertaken to inform the tenant or landowner (if the residence is owned by another mining company) of the actual particulate emissions at the residence; and

(d) data from this monitoring is presented to the tenant or landowner (if the residence is owned by another mining company) in an appropriate format for a medical practitioner to assist the tenant or landowner in making informed decisions on the health risks associated with occupying the residence,

to the satisfaction of the Secretary. Operating Conditions 19. The Applicant shall:

(a) implement all reasonable and feasible measures to minimise the: • odour, fume and dust emissions of the development; and • release of greenhouse gas emissions from the site;

(b) minimise any visible air pollution generated by the development; (c) minimise the surface disturbance of the site; (d) operate a comprehensive air quality management system that uses a combination of predictive

meteorological forecasting, predictive air dispersion modelling and real-time air quality monitoring data to guide the day-to-day planning of mining operations and implementation of both proactive and reactive air quality mitigation measures to ensure compliance with the relevant conditions of this consent;

(e) minimise the air quality impacts of the development during adverse meteorological conditions and extraordinary events (see note d to Tables 6-8 above);

(f) implement all reasonable and feasible measures to co-ordinate the air quality management at the Bengalla mine with the air quality management at the Mt Arthur and Mount Pleasant mines to minimise any cumulative air quality impacts; and

(g) monitor and report on compliance with the relevant air quality conditions in this consent, to the satisfaction of the Secretary.

Air Quality Management Plan 20. The Applicant shall prepare and implement a detailed Air Quality Management Plan for the development to

the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with the EPA and Council, and submitted to the Secretary for approval

within 6 months of the date of this consent; (b) describe the measures that would be implemented to ensure compliance with air quality criteria and

operating conditions of this consent; (c) describe the proposed air quality management system; and (d) include an air quality monitoring program that:

• uses a combination of real-time monitors and supplementary monitors to evaluate the performance of the development against the air quality criteria in this consent;

• adequately supports the proactive and reactive air quality management system; • evaluates and reports on:

o the effectiveness of the air quality management system; and o compliance with the air quality operating conditions; and

• defines what constitutes an air quality incident, and includes a protocol for identifying and notifying the Department and relevant stakeholders of any air quality incidents.

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METEOROLOGICAL MONITORING 21. During the life of the development, the Applicant shall ensure that there is a suitable meteorological station

operating in the vicinity of the site that: (a) complies with the requirements in the Approved Methods for Sampling of Air Pollutants in New South

Wales guideline; and (b) is capable of continuous real-time measurement of temperature lapse rate in accordance with the

NSW Industrial Noise Policy, unless a suitable alternative is approved by the Secretary following consultation with the EPA.

WATER Water Supply 22. The Applicant shall ensure that it has sufficient water during each stage of the development, and if

necessary, adjust the scale of mining operations to match its available water supply. Note: Under the Water Act 1912 and/or the Water Management Act 2000, the Applicant is required to obtain necessary water licences for the development.

Water Pollution 23. Unless an EPL or the EPA authorises otherwise, the Applicant shall comply with section 120 of the POEO

Act and the Protection of the Environment Operations (Hunter River Salinity Trading Scheme) Regulation 2002.

Water Management Performance Measures 24. The Applicant shall ensure mining operations comply with the performance measures in Table 12 to the

satisfaction of the Secretary.

Table 12: Water management performance measures

Feature Performance Measure

Water management – General

Minimise the use of clean water on site

Minimise the need for make-up water from external supplies

Minimise cumulative water impacts with the other mines in the region

Construction and operation of infrastructure

Design, install and maintain erosion and sediment controls generally in accordance with the series Managing Urban Stormwater: Soils and Construction including Volume 1, Volume 2A – Installation of Services and Volume 2C – Unsealed Roads Design, install and maintain the infrastructure within 40 m of watercourses generally in accordance with the Guidelines for Controlled Activities on Waterfront Land (DPI 2007), or its latest version

Design, install and maintain any creek crossings generally in accordance with the Policy and Guidelines for Fish Habitat Conservation and Management (DPI, 2013) and Why Do Fish Need To Cross The Road? Fish Passage Requirements for Waterway Crossings (NSW Fisheries 2003), or their latest versions

Clean water diversion & storage infrastructure

Design, install and maintain the clean water system to capture and convey the 100 year ARI flood

Maximise as far as reasonable and feasible the diversion of clean water around disturbed areas on site

Design, install and maintain any temporary clean water diversion infrastructure to minimise erosion potential at discharge locations

Sediment dams Design, install and maintain the dams generally in accordance with the series Managing Urban Stormwater: Soils and Construction – Volume 1 and Volume 2E Mines and Quarries

Mine water storages

Design, install and maintain mine water storage infrastructure to ensure no unlicensed or uncontrolled discharge of mine water off-site

On-site storages (including mine infrastructure dams and treatment dams) are suitably designed, installed and maintained to minimise permeability

Adequate freeboard within the pit void at all times to minimise the risk of

14

Feature Performance Measure

discharge to surface waters

Overburden emplacements

Design, install and maintain emplacements to encapsulate and prevent migration of tailings, acid forming and potentially acid forming materials, and saline and sodic material

Design, install and maintain emplacements to prevent and/or manage long term saline groundwater seepage

Chemical and hydrocarbon storage

Chemical and hydrocarbon products to be stored in bunded areas in accordance with the relevant Australian Standards

Aquatic and riparian ecosystem

Maintain or improve baseline channel stability

Develop site-specific in-stream water quality objectives in accordance with ANZECC 2000 and Using the ANZECC Guidelines and Water Quality Objectives in NSW procedures (DECC 2006), or its latest version

Water Management Plan

25. The Applicant shall prepare and implement a Water Management Plan for the development to the

satisfaction of the Secretary. This plan must: (a) be prepared in consultation with the EPA and NOW, and submitted to the Secretary for approval

within 6 months of the date of this consent; and (b) in addition to the standard requirements for management plans (see condition 3 of schedule 5),

include a: (i) Site Water Balance that:

• includes details of: o sources and security of water supply, including contingency planning for future reporting

periods; o water use and management on site; o any off-site water transfers and discharges; o reporting procedures, including the preparation of a site water balance for each calendar

year; and • investigates and implements all reasonable and feasible measures to minimise water use on

site; (ii) Surface Water Management Plan, that includes:

• detailed baseline data on surface water flows and quality in the watercourses that could potentially be affected by the development;

• a detailed description of the water management system on site, including the: o clean water diversion systems; o erosion and sediment controls (mine water system); and o mine water management systems;

• detailed plans, including design objectives and performance criteria, for: o design and management of final voids; o design and management for the emplacement of coal reject materials; o design and management of the temporary Dry Creek diversion infrastructure and

discharge points; o reinstatement of drainage lines on the rehabilitated areas of the site; and o control of any potential water pollution from the rehabilitated areas of the site;

• performance criteria for the following, including trigger levels for investigating any potentially adverse impacts associated with the development: o mine water management system; o surface water quality of the Hunter River;

• a program to monitor and report on: o the effectiveness of the mine water management system; and o surface water flows and quality, stream and riparian vegetation health in the Hunter River

potentially affected by the development; • a plan to respond to any exceedances of the performance criteria, and mitigate and/or offset

any adverse surface water impacts of the development; and (iii) Groundwater Management Plan, which includes:

• detailed baseline data on groundwater levels, yield and quality in the region, and privately-owned groundwater bores, that could be affected by the development;

• groundwater impact assessment criteria, including trigger levels for investigating any potentially adverse groundwater impacts;

• a program to monitor and report on:

15

o the seepage/leachate from water storages, emplacements, backfilled voids, and final voids;

o the impacts of the development on: - groundwater inflows to the open cut pits; - regional aquifers; - groundwater supply of potentially affected landowners; - the Hunter River alluvial aquifer; and - any groundwater dependent ecosystems and riparian vegetation; and - base flows to the Hunter River;

• a program to validate the groundwater model for the development, including an independent review of the model with every independent environmental audit, and compare the monitoring results with modelled predictions; and

• a plan to respond to any exceedances of the groundwater assessment criteria.

BIODIVERSITY Biodiversity Offset Strategy 26. The Applicant shall implement the biodiversity offset strategy as outlined in Table 13 and as generally

described in the EIS (and shown in Appendix 7), to the satisfaction of the Secretary. Table 13: Biodiversity Offset Strategy

Area Offset Type Minimum Size (hectares)

Kenalea Properties Offset Area Existing vegetation to be managed and enhanced

4,096

Black Mountain Offset Area Existing vegetation to be managed and enhanced

1,222

Merriwa River Offset Area Existing vegetation to be managed and enhanced

897

Total 6,215 Note: To identify the areas referred to in Table 13 refer to the applicable figures in Appendix 7.

27. The Applicant shall ensure that the offset strategy and/or rehabilitation strategy is focused on the

establishment of: (a) significant and/or threatened plant communities, including:

• Box Gum Woodland; • Central Hunter Ironbark – Spotted Gum – Grey Box Woodland; • Hunter Floodplain Red Gum Woodland;

(b) significant and/or threatened plant species, including the: • Tiger Orchid (Cymbidium canaliculatum); • Pine Donkey Orchid (Diuris tricolor); • Weeping Myall (Acacia pendula); • River Red Gum (Eucalyptus camaldulensis); • Austral Toadflax (Thesium australe); and

(c) habitat for significant and/or threatened fauna species, including the: • Brown Treecreeper; • Speckled Warbler; • Black-chinned Honeyeater; • Grey-crowned Babbler; • Squirrel Glider; and • Yellow-bellied Sheathtail-bat.

Long Term Security of Offsets

28. Within 2 years of the commencement of development under this consent, unless otherwise agreed with the

Secretary, the Applicant shall make suitable arrangements to provide appropriate long term security for the land within the Biodiversity Offset Strategy identified in Table 13 through a Biobanking Agreement under the Threatened Species Conservation Act 1995 (or an alternative mechanism agreed with OEH), to the satisfaction of the Secretary.

16

Biodiversity Management Plan 29. The Applicant shall prepare and implement a Biodiversity Management Plan for the development to the

satisfaction of the Secretary. This plan must: (a) be prepared in consultation with OEH, and submitted to the Secretary for approval within 6 months of

the date of this consent; (b) describe how the implementation of the offset strategy would be integrated with the overall

rehabilitation of the site; (c) establish baseline data for the existing habitat in the biodiversity offset areas and on the site; (d) include:

(i) a description of the short, medium, and long term measures that would be implemented to: • implement the biodiversity offset strategy; and • manage the remnant vegetation and habitat on the site;

(ii) include detailed performance and completion criteria for evaluating the performance of the biodiversity offset strategy and triggering remedial action (if necessary);

(iii) a detailed description of the measures that would be implemented over the next 3 years, including the procedures to be implemented for: • enhancing the quality of existing vegetation and fauna habitat in the biodiversity offset

areas; • restoring native vegetation and fauna habitat on the biodiversity offset areas and

rehabilitation areas through focusing on assisted natural regeneration, targeted vegetation establishment and the introduction of naturally scarce fauna habitat features (where necessary);

• collecting and propagating seed; • protecting vegetation outside the disturbance area; • managing salinity; • undertaking pre-clearance surveys; • managing impacts on fauna; • salvaging and reusing material from the site for habitat enhancement; • translocation of threatened flora from the site in accordance with the Guidelines for the

Translocation of Threatened Plants in Australia (Vallee et al., 2004); • controlling weeds and feral pests; • managing grazing and agriculture; • controlling access; and • bushfire management;

(iv) include a seasonally-based program to monitor and report on the effectiveness of these measures, and progress against the detailed performance and completion criteria;

(v) identify the potential risks to the successful implementation of the biodiversity offset strategy, and include a description of the contingency measures that would be implemented to mitigate these risks; and

(vi) include details of who would be responsible for monitoring, reviewing, and implementing the plan.

Conservation Bond 30. Within 6 months of the approval of the Biodiversity Management Plan, the Applicant shall lodge a

conservation bond with the Department to ensure that the biodiversity offset strategy is implemented in accordance with the performance and completion criteria of the Biodiversity Management Plan. The sum of the bond shall be determined by: (a) calculating the full cost of implementing the biodiversity offset strategy (other than land acquisition

costs); and (b) employing a suitably qualified quantity surveyor to verify the calculated costs, to the satisfaction of the Secretary.

The calculation of the conservation bond must be submitted to the Department for approval at least 1 month prior to lodgement of the final bond. If the offset strategy is completed generally in accordance with the completion criteria in the Biodiversity Management Plan to the satisfaction of the Secretary, the Secretary will release the bond. If the offset strategy is not completed generally in accordance with the completion criteria in the Biodiversity Management Plan, the Secretary will call in all, or part of, the conservation bond, and arrange for the satisfactory completion of the relevant works. Notes: • Alternative funding arrangements for long term management of the biodiversity offset strategy, such as provision of

capital and management funding as agreed by OEH as part of a Biobanking Agreement or transfer to conservation reserve estate (or any other mechanism agreed with OEH) can be used to reduce the liability of the conservation bond.

17

• The sum of the bond may be reviewed in conjunction with any revision to the biodiversity offset strategy or the completion of major milestones within the approved plan.

HERITAGE Aboriginal Heritage Management Plan 31. The Applicant shall prepare and implement an Aboriginal Heritage Management Plan for the development to

the satisfaction of the Secretary. This plan must: (a) be prepared in consultation with OEH and the relevant Aboriginal stakeholders, and submitted to the

Secretary for approval within 6 months of the date of this consent; (b) include a program/procedures for:

• salvage, excavation and/or management of Aboriginal sites and potential archaeological deposits within the project disturbance area;

• assessment and removal of scarred trees; • protection and monitoring of Aboriginal sites outside the project disturbance area; • managing the discovery of any new Aboriginal objects or skeletal remains during the

development; • maintaining and managing access to archaeological sites by the relevant Aboriginal stakeholders;

and • ongoing consultation and involvement of the relevant Aboriginal stakeholders in the conservation

and management of Aboriginal cultural heritage on the site.

Historic Heritage Management Plan 32. The Applicant shall prepare and implement a Historic Heritage Management Plan for the development to the

satisfaction of the Secretary. This plan must: (a) be prepared in consultation with the Heritage Branch and Council, and submitted to the Secretary for

approval within 6 months of the date of this consent; (b) include the following for the management of other historic heritage on site:

• conservation management plans for the Bengalla and Overdene homesteads; • measures to minimise the visual impacts of the development on the Edinglassie and Rous Lench

Homesteads; and • a program/procedures for:

o photographic and archival recording of potentially affected historic heritage items; o protection and monitoring of historic heritage items outside the project disturbance area; o monitoring, notifying and managing the effects of blasting on potentially affected historic

heritage items; and o additional archival recording of any significant historic heritage items requiring demolition

(including the Stockyard). TRANSPORT Monitoring of Coal Transport 33. The Applicant shall keep records of the:

(a) amount of coal transported from the site in each calendar year; (b) number of coal haulage train movements generated by the development (on a daily basis); and (c) make these records available on its website at the end of each calendar year.

Road Works 34. Prior to mining within 200 metres of the Bengalla Link Road, the Applicant shall design and construct the

realigned road and associated intersections as shown conceptually in Appendix 8 (unless otherwise agreed by Council) to the satisfaction of Council.

Road Upgrades and Maintenance 35. The Applicant shall contribute to the upgrade and maintenance of Thomas Mitchell Drive and its

intersections with Denman Road and the New England Highway, proportionate to its impact (based on usage) on that infrastructure, in accordance with the Contributions Study prepared by GHD titled, “Thomas Mitchell Drive Contributions Study, December 2013” (or its latest version), unless otherwise agreed by the Secretary.

The road or intersection upgrades referred to in this condition may be satisfied through funding the required upgrades, subject to the agreement of the applicable roads authority, and subject to providing the funding such that the upgrades can be completed within the stated timeframe.

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For Thomas Mitchell Drive, the contributions must be paid to Council in accordance with the upgrade and maintenance schedule established in accordance with the Contributions Study during the life of the development, unless otherwise agreed with Council. If there is any dispute between the Applicant and Council or the RMS in relation to the funding or completion of the upgrades, then any of the parties may refer the matter to the Secretary for resolution. Note: In making a determination about the applicable maintenance contributions for Thomas Mitchell Drive, the Secretary shall take into account the contributions already paid and currently required to be paid towards the maintenance of the local road network surrounding Muswellbrook under this consent and the voluntary planning agreement summarised in Appendix 3.

VISUAL Visual Amenity and Lighting 36. The Applicant shall:

(a) implement all reasonable and feasible measures to mitigate the visual and off-site lighting impacts of the development;

(b) ensure no outdoor lights shine above the horizontal; and (c) ensure that all external lighting associated with the development complies with relevant Australian

Standards, including Australian Standard AS4282 (INT) 1997 – Control of Obtrusive Effects of Outdoor Lighting,

to the satisfaction of the Secretary.

Additional Visual Impact Mitigation 37. Within 6 months of the commencement of development under this consent, the Applicant shall prepare a

Visual Impact Mitigation Plan for the development to the satisfaction of the Secretary. This plan must: (a) identify the visual receptors within the western and southern view sectors that are likely to have

significant direct views of the development; (b) include a site specific visual impact assessment of each of the visual receptors identified in Table 14,

and any other receptors identified during the site verification process, to determine the severity of the visual impact;

(c) describe the additional mitigation measures that could be implemented to reduce the visual impacts of the development on these visual receptors. Table 14: Visual receptors

Receiver

106, 105, 109, 112S, 113, 114, 117, 118, 119, 120, 108, 152, 153, 154, 155, 156E, 156S, 168 Note: To interpret the land referred to in Table 14, see the applicable figure in Appendix 4.

38. Within 1 month of the approval of the Visual Impact Mitigation Plan, the Applicant shall advise the owners of the visual receptors identified in the plan that they are entitled to additional mitigation measures to reduce the visibility of the development from these visual receptors.

39. Upon receiving a written request from the owner of a visual receptor identified in this plan, the Applicant

shall implement additional visual impact mitigation measures (such as landscaping treatments or vegetation screens) at the visual receptor in consultation with the landowner, and to the satisfaction of the Secretary.

These mitigation measures must be reasonable and feasible.

If within 3 months of receiving this request from the owner, the Applicant and the owner cannot agree on the measures to be implemented, or there is a dispute about the implementation of these measures, then either party may refer the matter to the Secretary for resolution.

Note: The additional visual impact mitigation measures must be aimed at reducing the visibility of the development from

the identified affected receptors and do not necessarily require measures to reduce visibility of the development from other locations on the affected properties. The additional visual impact mitigation measures do not necessarily have to include measures on the affected property itself (i.e. the additional measures may consist of measures outside the affected property boundary that provide an effective reduction in visual impacts).

Tree Plantings Along Public Roads 40. Within 2 years of the commencement of development under this consent, unless the Secretary agrees

otherwise, the Applicant shall plant tree screening along those sections of Denman Road, Roxburgh Road and Wybong Road that will have direct views of mining operations on site. This screening must be planted, in consultation with Council (and where relevant the RMS), and maintained to the satisfaction of the Secretary.

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41. At least five years prior to construction of the Bengalla Link Road realignment, or as otherwise agreed by the Secretary, the Applicant shall plant tree screening along the proposed Bengalla Link Road realignment. This screening must be planted in consultation with Council and maintained to the satisfaction of the Secretary. Note: The planting of tree screening in areas of constructed fill embankments associated with the road realignment shall

be undertaken as soon as practicable after completion of the constructed landform

BUSHFIRE MANAGEMENT 42. The Applicant shall:

(a) ensure that the development is suitably equipped to respond to any fires on site; and (b) assist the Rural Fire Service and emergency services as much as possible if there is a fire in the

surrounding area. WASTE 43. The Applicant shall:

(a) implement all reasonable and feasible measures to minimise the waste (including coal reject) generated by the development;

(b) ensure that the waste generated by the development is appropriately stored, handled and disposed of;

(c) manage on-site sewage treatment and disposal in accordance with the requirements of Council; and (d) monitor and report on effectiveness of the waste minimisation and management measures each

calendar year, to the satisfaction of the Secretary.

REHABILITATION Rehabilitation Objectives 44. The Applicant shall rehabilitate the site to the satisfaction of the DRE. The rehabilitation must comply with

the objectives in Table 15 and be consistent with the conceptual final landform plan shown in Appendix 9.

Table 15: Rehabilitation Objectives

Feature Objective

Mine site (as a whole) • Safe, stable and non-polluting • Final landforms designed to incorporate natural micro-relief and natural

drainage lines, which, where reasonable and feasible, further avoid straight run drainage drop structures, to integrate with surrounding landforms

Overburden Emplacement Area – exposed to Muswellbrook and Denman

• Rehabilitate the entire face with high density woody vegetation as soon as practicable following the completion of mining operations

Final void • Designed as a long term groundwater sink and to maximise groundwater flows across back-filled pits to the final void

• Minimise to the greatest extent practicable: o the size and depth of the final void o the drainage catchment of the final void o any high wall instability risk o risk of flood interaction (flows in and out of the void)

• Maximise to the greatest extent practicable the final void landform to be in keeping with the natural terrain features of the surrounding landscape

Agricultural land • Restore or maintain land capability generally as described in the EIS and shown conceptually in Appendix 9

Revegetation areas • Restore a minimum 10% treed coverage at the mine site • Higher density planting along the riparian zone of the Dry Creek

reinstatement, and around the final void Dry Creek reinstatement

• No net loss of creek length • Restore, maintain and/or improve hydrological and ecological function,

quality and geomorphic stability • Incorporate erosion control measures based on vegetation and

engineering revetments • Revegetate with suitable native species

Surface infrastructure • To be decommissioned and removed, unless DRE agrees otherwise Community • Ensure public safety

• Minimise the adverse socio-economic effects associated with mine closure

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Progressive Rehabilitation 45. The Applicant shall carry out rehabilitation progressively, that is, as soon as reasonably practicable following

disturbance (particularly on the face of emplacements that are visible off-site). Interim stabilisation measures must be implemented where reasonable and feasible to control dust emissions in disturbed areas that are not active and which are not ready for final rehabilitation. Note: It is accepted that parts of the site that are progressively rehabilitated may be subject to further disturbance in future.

Rehabilitation Management Plan 46. The Applicant shall prepare and implement a Rehabilitation Management Plan for the development to the

satisfaction of the DRE. This plan must: (a) be submitted to the DRE for approval within 6 months of the date of this consent; (b) be prepared in consultation with the Department, NOW, OEH, Council and the CCC; (c) be prepared in accordance with relevant DRE guidelines; (d) describe how the rehabilitation of the site would be integrated with the implementation of the

biodiversity offset strategy; (e) include detailed performance and completion criteria for evaluating the performance of the

rehabilitation of the site, including over the long term following completion of mining operations, and triggering remedial action (if necessary);

(f) describe the design specifications and measures that would be implemented to ensure compliance with the relevant conditions of this consent, and address all aspects of rehabilitation including mine closure, final landform including final voids, and final land use;

(g) include interim rehabilitation where necessary to minimise the area exposed for dust generation; (h) include a research program that seeks to improve the understanding and application of rehabilitation

techniques and methods in the Hunter Valley; (i) include a schedule for establishment of native vegetation corridors and habitat linkages across the

site; (j) include a landscape management plan for the proposed Bengalla Link Road realignment; (k) include a plan for the reinstatement of Dry Creek including:

o detailed design specifications for the reinstatement of the creek; o a schedule of works describing how the reinstatement work would be staged and integrated with

mining operations and the final landform; o a revegetation program; o hydrological, ecological and geomorphic performance and completion criteria for the reinstated

creek based on the assessment of baseline conditions; and o a program to monitor, maintain and/or improve the hydrological and ecological function, quality

and geomorphic stability of the reinstated creek; (l) include a program to monitor, independently audit and report on the effectiveness of the measures,

and progress against the detailed performance and completion criteria; and (m) build to the maximum extent practicable on other management plans required under this consent.

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SCHEDULE 4 ADDITIONAL PROCEDURES

NOTIFICATION OF LANDOWNERS/TENANTS 1. Within 1 month of the date of this consent, the Applicant shall:

(a) notify in writing the owners of: • the land listed in Table 1 of schedule 3 that they have the right to require the Applicant to acquire

their land at any stage during the development and/or request the Applicant to ask for additional noise and/or air quality mitigation measures (whichever is relevant) to be installed at their residence at any stage during the development (if they have not requested acquisition);

• the land listed in Table 2 of schedule 3 that, if they no longer have an acquisition right for that land under the mining approval of the mine listed in Table 2, they have the right to require the Applicant to acquire their land at any stage during the development and/or request the Applicant to ask for additional noise and/or air quality mitigation measures (whichever is relevant) to be installed at their residence at any stage during the development (if they have not requested acquisition from any mine, or the installation of mitigation measures by another mine);

• any residence on the land listed in Table 3 of schedule 3 that they have the right to request the Applicant to ask for additional noise and/or air quality mitigation measures (whichever is relevant) to be installed at their residence at any stage during the development (if they have not requested the installation of mitigation measures by another mine); and

• any privately-owned land within 3 kilometres of the approved open cut mining pit/s that they are entitled to ask for an inspection to establish the baseline condition of any buildings or structures on their land, or to have a previous property inspection report updated;

(b) notify the tenants of any mine-owned land of their rights under this consent (see condition 18 of schedule 3); and

(c) send a copy of the NSW Health fact sheet entitled “Mine Dust and You” (as may be updated from time to time) to the owners and/or existing tenants of any land (including mine-owned land) where the predictions in the EIS identify that dust emissions generated by the development are likely to be greater than the relevant air quality criteria in schedule 3 at any time during the life of the development.

2. Prior to entering into any tenancy agreement for any land owned by the Applicant that is predicted to

experience exceedances of the recommended dust and/or noise criteria, or for any of the land listed in condition 1 that is subsequently purchased by the Applicant, the Applicant shall: (a) advise the prospective tenants of the potential health and amenity impacts associated with living on

the land, and give them a copy of the NSW Health fact sheet entitled “Mine Dust and You” (as may be updated from time to time); and

(b) advise the prospective tenants of the rights they would have under this consent. 3. As soon as practicable after obtaining monitoring results showing:

(a) an exceedance of any relevant criteria in schedule 3, the Applicant shall notify the affected landowners in writing of the exceedance, and provide regular monitoring results to these landowners until the development is again complying with the relevant criteria; and

(b) an exceedance of any relevant air quality criteria in schedule 3, the Applicant shall send a copy of the NSW Health fact sheet entitled “Mine Dust and You” (as may be updated from time to time) to the affected landowners and/or existing tenants of the land (including the tenants of any mine-owned land).

INDEPENDENT REVIEW 4. If an owner of privately-owned land considers the development to be exceeding the relevant criteria in

schedule 3, then he/she may ask the Secretary in writing for an independent review of the impacts of the development on his/her land.

If the Secretary is satisfied that an independent review is warranted, then within 2 months of the Secretary’s decision the Applicant shall: (a) commission a suitably qualified, experienced and independent person, whose appointment has been

approved by the Secretary, to: • consult with the landowner to determine his/her concerns; • conduct monitoring to determine whether the development is complying with the relevant criteria

in schedule 3; • if the development is not complying with these criteria then identify the measures that could be

implemented to ensure compliance with the relevant criteria; and • in cases where there is an exceedance of any air quality criteria, and more than one mine is

responsible for the exceedance, determine the relative share of each mine regarding the impact of the development;

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(b) give the Secretary and landowner a copy of the independent review with a plan which details the proposed measures to be implemented in response to the independent review; and

(c) implement the necessary measures as directed by the Secretary. LAND ACQUISITION 5. Within 3 months of receiving a written request from a landowner with acquisition rights, the Applicant shall

make a binding written offer to the landowner based on: (a) the current market value of the landowner’s interest in the land at the date of this written request, as

if the land was unaffected by the development, having regard to the: • existing and permissible use of the land, in accordance with the applicable planning instruments

at the date of the written request; and • presence of improvements on the land and/or any approved building or structure which has been

physically commenced at the date of the landowner’s written request, and is due to be completed subsequent to that date, but excluding any improvements that have resulted from the implementation of the additional noise and/or air quality mitigation measures in condition 2 of schedule 3;

(b) the reasonable costs associated with: • relocating within the Muswellbrook, Cessnock or Singleton local government area, or to any other

local government area determined by the Secretary; and • obtaining legal advice and expert advice for determining the acquisition price of the land, and the

terms upon which it is to be acquired; and (c) reasonable compensation for any disturbance caused by the land acquisition process. However, if at the end of this period, the Applicant and landowner cannot agree on the acquisition price of the land and/or the terms upon which the land is to be acquired, then either party may refer the matter to the Secretary for resolution. Upon receiving such a request, the Secretary will request the President of the NSW Division of the Australian Property Institute to appoint a qualified independent valuer to: • consider submissions from both parties; • determine a fair and reasonable acquisition price for the land and/or the terms upon which the land is

to be acquired, having regard to the matters referred to in paragraphs (a)-(c) above; • prepare a detailed report setting out the reasons for any determination; and • provide a copy of the report to both parties. Within 14 days of receiving the independent valuer’s report, the Applicant shall make a binding written offer to the landowner to purchase the land at a price not less than the independent valuer’s determination. However, if either party disputes the independent valuer’s determination, then within 14 days of receiving the independent valuer’s report, they may refer the matter to the Secretary for review. Any request for a review must be accompanied by a detailed report setting out the reasons why the party disputes the independent valuer’s determination. Following consultation with the independent valuer and both parties, the Secretary will determine a fair and reasonable acquisition price for the land, having regard to the matters referred to in paragraphs (a)-(c) above, the independent valuer’s report, the detailed report of the party that disputes the independent valuer’s determination and any other relevant submissions. Within 14 days of this determination, the Applicant shall make a binding written offer to the landowner to purchase the land at a price not less than the Secretary’s determination. If the landowner refuses to accept the Applicant’s binding written offer under this condition within 6 months of the offer being made, then the Applicant’s obligations to acquire the land shall cease, unless the Secretary determines otherwise.

6. The Applicant shall pay all reasonable costs associated with the land acquisition process described in condition 5 above, including the costs associated with obtaining Council approval for any plan of subdivision (where permissible), and registration of this plan at the Office of the Registrar-General.

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SCHEDULE 5 ENVIRONMENTAL MANAGEMENT, REPORTING AND AUDITING

ENVIRONMENTAL MANAGEMENT Environmental Management Strategy 1. The Applicant shall prepare and implement an Environmental Management Strategy for the development to

the satisfaction of the Secretary. This strategy must: (a) be submitted to the Secretary for approval within 6 months of the date of this consent; (b) provide the strategic framework for environmental management of the development; (c) identify the statutory approvals that apply to the development; (d) describe the role, responsibility, authority and accountability of all key personnel involved in the

environmental management of the development; (e) describe the procedures that would be implemented to:

• keep the local community and relevant agencies informed about the operation and environmental performance of the development;

• receive, handle, respond to, and record complaints; • resolve any disputes that may arise during the course of the development; • respond to any non-compliance; • respond to emergencies; and

(f) include: • copies of any strategies, plans and programs approved under the conditions of this consent; and • a clear plan depicting all the monitoring required to be carried out in relation to the development.

Adaptive Management 2. The Applicant shall assess and manage development-related risks to ensure that there are no exceedances

of the criteria and/or performance measures in schedule 3. Any exceedance of these criteria and/or performance measures constitutes a breach of this consent and may be subject to penalty or offence provisions under the EP&A Act or EP&A Regulation. Where any exceedance of these criteria and/or performance measures has occurred, the Applicant must, at the earliest opportunity: (a) take all reasonable and feasible steps to ensure that the exceedance ceases and does not recur; (b) consider all reasonable and feasible options for remediation (where relevant) and submit a report to

the Department describing those options and any preferred remediation measures or other course of action; and

(c) implement remediation measures as directed by the Secretary, to the satisfaction of the Secretary.

Management Plan Requirements 3. The Applicant shall ensure that the management plans required under this consent are prepared in

accordance with any relevant guidelines, and include: (a) detailed baseline data; (b) a description of:

• the relevant statutory requirements (including any relevant approval, licence or lease conditions); • any relevant limits or performance measures/criteria; • the specific performance indicators that are proposed to be used to judge the performance of, or

guide the implementation of, the development or any management measures; (c) a description of the measures that would be implemented to comply with the relevant statutory

requirements, limits, or performance measures/criteria; (d) a program to monitor and report on the:

• impacts and environmental performance of the development; • effectiveness of any management measures (see c above);

(e) a contingency plan to manage any unpredicted impacts and their consequences; (f) a program to investigate and implement ways to improve the environmental performance of the

development over time; (g) a protocol for managing and reporting any:

• incidents; • complaints; • non-compliances with statutory requirements; and • exceedances of the impact assessment criteria and/or performance criteria; and

(h) a protocol for periodic review of the plan.

Note: The Secretary may waive some of these requirements if they are unnecessary or unwarranted for particular management plans.

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Annual Review 4. By the end of March each year (or as otherwise agreed by the Secretary), the Applicant shall review the

environmental performance of the development for the previous calendar year to the satisfaction of the Secretary. This review must: a) describe the development (including any rehabilitation) that was carried out in the past calendar year,

and the development that is proposed to be carried out over the current calendar year; b) include a comprehensive review of the monitoring results and complaints records of the development

over the past year, which includes a comparison of these results against the: • relevant statutory requirements, limits or performance measures/criteria; • monitoring results of previous years; and • relevant predictions in the EIS;

c) identify any non-compliance over the last year, and describe what actions were (or are being) taken to ensure compliance;

d) identify any trends in the monitoring data over the life of the development; e) identify any discrepancies between the predicted and actual impacts of the development, and

analyse the potential cause of any significant discrepancies; and f) describe what measures will be implemented over the next year to improve the environmental

performance of the development. Revision of Strategies, Plans and Programs 5. Within 3 months of the submission of:

(a) an annual review under Condition 4 above; (b) an incident report under Condition 7 below; (c) an audit report under Condition 9 below; or (d) any modification to the conditions of this consent (unless the conditions require otherwise), the Applicant shall review, and if necessary revise, the strategies, plans, and programs required under this consent to the satisfaction of the Secretary. Where this review leads to revisions in any such document, then within 4 weeks of the review, unless the Secretary agrees otherwise, the revised document must be submitted to the Secretary for approval.

Note: This is to ensure the strategies, plans and programs are updated on a regular basis, and incorporate any recommended measures to improve the environmental performance of the development.

Community Consultative Committee 6. The Applicant shall operate a Community Consultative Committee (CCC) for the development to the

satisfaction of the Secretary. This CCC must be operated in general accordance with the Guidelines for Establishing and Operating Community Consultative Committees for Mining Developments (Department of Planning, 2007, or its latest version). Notes: • The CCC is an advisory committee. The Department and other relevant agencies are responsible for ensuring that

the Applicant complies with this consent. • In accordance with the guideline, the Committee should be comprised of an independent chair and appropriate

representation from the Applicant, affected councils and the local community. REPORTING Incident Reporting 7. The Applicant shall immediately notify the Secretary and any other relevant agencies of any incident. Within

7 days of the date of the incident, the Applicant shall provide the Secretary and any relevant agencies with a detailed report on the incident, and such further reports as may be requested.

Regular Reporting 8. The Applicant shall provide regular reporting on the environmental performance of the development on its

website, in accordance with the reporting arrangements in any plans or programs approved under the conditions of this consent.

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INDEPENDENT ENVIRONMENTAL AUDIT 9. Within 1 year of the commencement of development under this consent, and every 3 years thereafter,

unless the Secretary directs otherwise, the Applicant shall commission and pay the full cost of an Independent Environmental Audit of the development. This audit must: (a) be conducted by a suitably qualified, experienced and independent team of experts whose

appointment has been endorsed by the Secretary; (b) include consultation with the relevant agencies; (c) assess the environmental performance of the development and assess whether it is complying with

the requirements in this consent and any relevant EPL or Mining Lease (including any assessment, plan or program required under these approvals);

(d) review the adequacy of strategies, plans or programs required under the abovementioned approvals; and

(e) recommend appropriate measures or actions to improve the environmental performance of the development, and/or any assessment, plan or program required under the abovementioned approvals.

Note: This audit team must be led by a suitably qualified auditor and include experts in any field specified by the Secretary.

10. Within 6 weeks of the completion of this audit, unless the Secretary agrees otherwise, the Applicant shall

submit a copy of the audit report to the Secretary, together with its response to any recommendations contained in the audit report.

ACCESS TO INFORMATION 11. From the commencement of development under this consent, the Applicant shall:

(a) make copies of the following publicly available on its website: • the EIS; • current statutory approvals for the development; • approved strategies, plans and programs required under the conditions of this consent; • a comprehensive summary of the monitoring results of the development, reported in accordance

with the specifications in any conditions of this consent, or any approved plans and programs; • a complaints register, which is to be updated monthly; • minutes of CCC meetings; • the annual reviews of the development (for the last 5 years, if applicable); • any independent environmental audit of the development, and the Applicant’s response to the

recommendations in any audit; • any other matter required by the Secretary; and

(b) keep this information up-to-date, to the satisfaction of the Secretary.

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APPENDIX 1 SCHEDULE OF LAND

Lot DP Owner 9 39345 Bengalla Mining Company Limited 1 189134 Bengalla Mining Company Limited 1 236668 Bengalla Mining Company Limited 3 236668 Bengalla Mining Company Limited 6 236668 Bengalla Mining Company Limited 7 236668 Bengalla Mining Company Limited

10 236668 Bengalla Mining Company Limited 112 551930 Bengalla Mining Company Limited 110 556761 Bengalla Mining Company Limited 111 556761 Bengalla Mining Company Limited




21 776758 Bengalla Mining Company Limited 22 776758 Bengalla Mining Company Limited 41 792447 Bengalla Mining Company Limited 43 792447 Bengalla Mining Company Limited 5 801249 Bengalla Mining Company Limited 8 821183 Bengalla Mining Company Limited

20 1072668 Bengalla Mining Company Limited 22 1072668 Bengalla Mining Company Limited 24 1072668 Bengalla Mining Company Limited 25 1072668 Bengalla Mining Company Limited 26 1072668 Bengalla Mining Company Limited 27 1072668 Bengalla Mining Company Limited

100 1148907 Bengalla Mining Company Limited 101 1148907 Bengalla Mining Company Limited 102 1148907 Bengalla Mining Company Limited 103 1148907 Bengalla Mining Company Limited 104 1148907 Bengalla Mining Company Limited 105 1148907 Bengalla Mining Company Limited 106 1148907 Bengalla Mining Company Limited 274 750926 Coal & Allied Operations Pty Limited

4 801249 Coal & Allied Operations Pty Limited 6 821183 Coal & Allied Operations Pty Limited

10 1184928 Coal & Allied Operations Pty Limited 11 1184928 Bengalla Mining Company Limited 3 998477 Coal & Allied Operations Pty Limited

Sections of various Council roads Sections of Crown roads

Sections of Muswellbrook-Ulan Rail Line

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APPENDIX 2 DEVELOPMENT LAYOUT

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APPENDIX 3 TERMS OF THE VOLUNTARY PLANNING AGREEMENT

Funding Component Applicant Contribution

Bengalla Coal Community Fund $400,000 per annum Road maintenance requirements within the Muswellbrook LGA

$125,000 per annum

Council Environmental Officer position $20,000 per annum A commitment from the Applicant to seek to engage four apprentices per annum for the life of the mine sourced from residents within the local area.

N/A

General $0.065 cents per tonne of product coal produced in excess of 8.5 Mt of

product coal from the mine in any one calendar year.

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APPENDIX 4 LAND OWNERSHIP

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APPENDIX 5 NOISE COMPLIANCE ASSESSMENT

Applicable Meteorological Conditions

1. The noise criteria in Table 4 of schedule 3 are to apply under all meteorological conditions except the following:

(a) wind speeds greater than 3 m/s measured at 10 m above ground level; or (b) temperature inversion conditions between 1.5°C and 3°C/100 m and wind speeds greater than 2 m/s at

10 m above ground level; or (c) temperature inversion conditions greater than 3°C/100 m.

Determination of Meteorological Conditions

2. Except for wind speed at microphone height, the data to be used for determining meteorological conditions shall be that recorded by the meteorological station located on the site.

Compliance Monitoring

3. Attended monitoring is to be used to evaluate compliance with the relevant conditions of this consent.

4. This monitoring must be carried out at least once a month (but at least two weeks apart) unless the Secretary directs otherwise.

5. Unless otherwise agreed with the Secretary, this monitoring is to be carried out in accordance with the relevant requirements for reviewing performance set out in the NSW Industrial Noise Policy (as amended from time to time), in particular the requirements relating to:

(a) monitoring locations for the collection of representative noise data; (b) meteorological conditions during which collection of noise data is not appropriate; (c) equipment used to collect noise data, and conformity with Australian Standards relevant to such

equipment; and (d) modifications to noise data collected, including for the exclusion of extraneous noise and/or penalties

for modifying factors apart from adjustments for duration.

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APPENDIX 6 HISTORIC HERITAGE SITES

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APPENDIX 7 BIODIVERSITY OFFSET AREAS

33

34

35

36

APPENDIX 8 CONCEPTUAL REALIGNMENT OF BENGALLA LINK ROAD

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APPENDIX 9 CONCEPTUAL FINAL LANDFORM