Statement of Effect

Statement of Effect Project Caymus

07 October 2021

Crowley Government Services, Inc. Project Caymus

Statement of Effect – Project Caymus CDM Smith Australia Pty Ltd i

Project Caymus

Prepared for Crowley Government Services, Inc.

Prepared by CDM Smith Australia Pty Ltd Level 1, 48-50 Smith Street Darwin NT 0800 Australia and Pritchard Francis 1/8 Knuckey St, Darwin NT 0800

07 October 2021


Statement of Effect – Project Caymus CDM Smith Australia Pty Ltd ii

Contents Contents .............................................................................................................................................. ii 1 Introduction .................................................................................................................................. 1

1.1 Contents of this Statement of Effect ................................................................................. 1 2 Site and Locality .......................................................................................................................... 1

2.1 Description of Locality ....................................................................................................... 2 3 Proposed Development ............................................................................................................... 5

3.1 Bulk Fuel Storage Facility ................................................................................................. 5 4 Section 46(3) of the Northern Territory Planning Act .................................................................. 6

4.1 46(3)(a) – Compliance with the NT Planning Scheme ...................................................... 6 4.2 46(3)(b) – Interim Development Control Order ................................................................. 8 4.3 46(3)(c) – Referral to the NT EPA ..................................................................................... 8 4.4 46(3)(d) – Merits of Proposed Development ..................................................................... 8 4.5 46(3)(e) – Subject Land, Suitability for Development and Impact on Locality .................. 8 4.6 46(3)(f) – Available Public Facilities/Open Space ............................................................. 9 4.7 46(3)(g) – Available Public Utilities/Infrastructure ............................................................. 9 4.8 46(3)(h) – Impact on Amenity ............................................................................................ 9 4.9 46(3)(j) – Benefit/Detriment to Public Interest ................................................................... 9 4.10 46(3)(k) – Compliance with Building Act 1993 .................................................................. 9

5 Conclusion ................................................................................................................................. 10 Appendix 1: Title Certificate .............................................................................................................. 11 Appendix 2: Site Plan ........................................................................................................................ 12 Appendix 3: Development Plan ......................................................................................................... 13

Tables

Table 1 Car Parking Generation ......................................................................................................... 7

Figures

Figure 1 Location Map (Source: Northern Territory Government Natural Resources Map - https://nrmaps.nt.gov.au/nrmaps.html - Accessed 22 September 2021) ....................................... 1

Figure 2 Cadastre Location Map (Source: Northern Territory Government Natural Resources Map - https://nrmaps.nt.gov.au/nrmaps.html - Accessed 22 September 2021) ............................ 1

Figure 3 Location and Zoning Map ..................................................................................................... 4

Appendices

Appendix 1: Title Certificate Appendix 2: Site Plan Appendix 3: Development Plan


Statement of Effect – Project Caymus CDM Smith Australia Pty Ltd iii

Development Application Details

Proposed Development Bulk Fuel Storage Facility

Category of Assessment Impact Assessable

Consent Authority Minister for the Department of Infrastructure, Planning and Logistics

Site Address 740 Berrimah Road, East Arm, Northern Territory

Legal Description Section 5720 Hundred of Bagot

Site Area 8.8 hectares

Easements Nil

Landowner Details Land Development Corporation

Proponent Crowley Government Services Inc

Applicant Pritchard Francis

Contact Address [email protected]

Contact Person Richard McAllister

Planning Scheme Details

Planning Scheme Northern Territory Planning Scheme 2020

Defined Use(s) Industry-general (fuel depot)

Zone DV (Development)

Overlay LSSS – Land Subject to Storm Surge

Strategic Framework Darwin Regional Land Use Plan 2015


Statement of Effect – Project Caymus CDM Smith Australia Pty Ltd 1

1 Introduction CDM Smith Australia (CDM Smith) has been engaged by Pritchard Francis on behalf of Crowley Government Services Inc (Crowley) to prepare a Development Application for the Bulk Fuel Storage Facility (BFSF) at Berrimah Road, East Arm (Part Section 5720, Hundred of Bagot) (Figure 1). The access road for this facility is exempt from this development application as the Planning Scheme does not prevent the construction, operation, alteration, repair or maintenance of a road or a main road (Schedule 3: Exceptions).

Pursuant to Section 46(3)(aa), the Certificate of Title identifies the current landowner of land for both lots is the Land Development Corporation. It is understood that Crowley are in negotiation to secure rights to the land (identified in the Site Plan at Appendix A and Figure 2), Crowley have an exclusive right to Section 5720 and as such will seek permission from Land Development Corporation to lodge this development application (Appendix B).

The subject land is located within Zone DV (Development) of the Northern Territory Planning Scheme 2020 (NTPS). The proposal includes ancillary elements of an fuel depot, being the storage tanks and associated infrastructure for the fuel storage facility on Section 5720. Pursuant to Clause 1.8(1)(c) the proposal is an impact assessable use and requires consent in accordance with Section 44(a) of the Northern Territory Planning Act 1999 (‘the Act’).

1.1 Contents of this Statement of Effect

Included in the application is a Statement of Effect (contained herein), Landowner Authorisation and Title Documents. Included within the Statement of Effect is:

• Appendix A: Site Plan • Appendix B: LDC Authorisation • Appendix C: Development Plans

In preparing this Statement of Effect, CDM Smith has conducted a site and locality inspection, examined the development and site history, discussed the operation of the proposed development and existing operations with the client, and considered the most relevant provisions of the NTPS 2020 as well as the relevant ‘background’ documents.



Figure 1 Location Map (Source: Northern Territory Government Natural Resources Map - https://nrmaps.nt.gov.au/nrmaps.html - Accessed 22 September 2021)

Figure 2 Cadastre Location Map (Source: Northern Territory Government Natural Resources Map - https://nrmaps.nt.gov.au/nrmaps.html - Accessed 22 September 2021)

https://nrmaps.nt.gov.au/nrmaps.html

https://nrmaps.nt.gov.au/nrmaps.html



2 Site and Locality The subject site, Section 5720, Hundred of Bagot (Berrimah Road, East Arm) is 8.8 hectares and has frontages to Berrimah Road. The site is currently not serviced. The land is flat and there is currently no access provided to the subject site. Site Photograph 1 and Photograph 2 of Section 5720.

Photograph 1 View of site from Berrimah Road facing North

Photograph 2 View of site from Berrimah Road facing West

There is a 10 m wide drainage easement along the full length of the rear boundary of the site. This alignment is also assigned for a proposed new energy supply easement. The site will be connected to reticulated power, water and sewer. Reticulated sewer is not available in the area and the proposal therefore includes an effluent disposal system. More detail on the proposal in Appendix C.

A site plan is provided at Appendix A.

The driveway access road is intended to be located on the northern portion of Section 5673, to the north of adjoining Section 5711. The road access has frontage to Salloo Street. The land is flat and the only access is from Salloo Street, this road development is to become the primary access to Section 5720 for the BFSF. Site Photograph 3.



Photograph 3 View of proposed road from Salloo Street facing Northwest

2.1 Description of Locality

The site (including Section 5720 and southern part of Section 5673) is within Zone DV (Development) of the NTPS in the East Arm industrial area. The site and its vicinity are surrounded by mangroves, Darwin Harbour waters, the East Arm wharf and the Darwin Business Park industrial area.

The Northern Cement milling and distribution facility, Global Resource Recovery, Vopak fuel terminal all lie immediately west of the proposed site (see Photograph 4). The Darwin Passenger Rail Terminal of Section 5673.

The passenger terminal for the Darwin-Adelaide Railway is located within the Darwin Business Park, a few hundred metres to the north-east of the site. There is generally a single passenger train service per week, doubling to two train services during the peak tourist season, with the terminal being essentially empty for the remaining period. The Rail Passenger Terminal was initially established as a temporary facility. It is understood that the current lease between the rail operator and the NT Government ends in mid-2023. An extension is probable given the significant funding required in the relocation of the terminal, hence it will likely remain at its current location during some of the BFSF's operation.

The nearest residential premises are the residential quarters of Haileybury Rendell School, a private school located along Berrimah Road, roughly 4.5 km north-east of the site. The Shady Glen Caravan Park is located along Stuart Highway near the Defence Establishment Berrimah Naval Base, approximately 5 km north of the site. The nearest residential suburbs are Bayview, Frances Bay and Stokes Hill, located approximately 5.5 km north-west to west of the site, whereas the nearest Palmerston suburbs (e.g., Durack) are over 7 km to the east.



Photograph 4 View of Vopak Fuel Terminal Darwin west of proposed site

Photograph 5 View of Darwin Rail Terminal on the Northern portion of Section 5673, north of the proposed road



Figure 3 Location and Zoning Map



3 Proposed Development Crowley, are pursuing the development of a new BFSF at East Arm in Darwin, Northern Territory, named Project Caymus.

3.1 Bulk Fuel Storage Facility

The US Defence BFSF is to be located on Lot 5720 west of the Railway Terminal. Access to the BFSF is from the east via a proposed access road from Salloo Street.

The Jet Fuel Storage Facility functional requirements were identified as:

• Minimum storage of 300 ML Jet Fuel consisting of: 700,000 barrels (111.3 ML) of F34 flammable jet fuel which is a military kerosene type

aviation turbine fuel with Fuel System Icing Inhibitor (FSII) used by land based military gas turbine engine aircraft, and

1,200,000 barrels (190.8 ML) F44 combustible jet fuel which is a military high flash point kerosene type aviation turbine fuel with FSII used by ship borne military gas turbine engine aircraft.

• Meet requirements of United States (US) Department of Defence (DoD). • Designed to satisfy all relevant national and local safety, health and environmental

requirements including: Australian Standards API Standards for tanks ASME Codes for piping AS1940 storage and handling of flammable and combustible liquids API 1581 Specifications and Qualification Procedures for Aviation Jet Fuel

Filter/Separators Unified Facilities Criteria (UFC) as a guide for US DoD facilities.

• Issue and receipt of fuel by road via a triple road tanker load/unload gantry with a capacity of 2,500 litres/minute per truck.

• Connection to existing diesel pipeline at Port of Darwin for marine issue and receipt at a pump rate of: Tanker – 1,400 m3/hr Barge – 320 m3/hr.

• Facilities shall be as required for bulk fuel operations including: Office/control room Ancillary Warehouse storage/space Fire water tank area Pump house.

• US grant scheduled for 1 October 2021 with a 2-year schedule from award to operation.

The proposal is considered to align with the definition of a fuel depot, being:

‘a depot for the storage or sale of solid, liquid or gaseous fuel, but does not include a service station’.

Development Plans are provided at Attachment D.

The site main access road shall be sealed with 40 mm asphalt minimum to allow all weather access. All internal maintenance roads shall be a single coat seal. Road pavement shall be designed in accordance with Austroads Guide to Pavement Technology- Pavement Structural Design.



4 Section 46(3) of the Northern Territory Planning Act

4.1 46(3)(a) – Compliance with the NT Planning Scheme

4.1.1 Part 1 of the NTPS provides guidance for the administration of the document.

Pursuant to Clause 1.8(1)(c) the proposal is an impact assessable use and requires the exercise of discretion by the consent authority to determine if it is appropriate given the location of the site and the potential impacts on surrounding uses, and if it accords with the Strategic Framework.

Pursuant to Clause 1.10(4), in considering an application for a use or development identified as impact assessable the consent authority must take into account all of the following:

a) any relevant requirements, including the purpose of the requirements, as set out in Parts 5 or 6;

b) any Overlays and associated requirements in Part 3 that apply to the land;

c) the guidance provided by the relevant zone purpose and outcomes in Part 4; and

d) any component of the Strategic Framework relevant to the land as set out in Part 2.

4.1.2 Part 2 of the NTPS outlines the Strategic Framework.

The Darwin Regional Land Use Plan 2015 (DRLUP) is applicable to the land and identifies the site for strategic industry. One (1) of the key objectives of industrial land, as outlined in the DRLUP is to:

Ensure the detailed planning for future development in the region takes account of the limited opportunities to appropriately locate strategic industrial development to minimise the potential for future land use conflict and detrimental impacts on the environment.

It is noted that the proposal was originally referred to the NT Environmental Protection Authority (NT EPA) for consideration. A determination is yet to be received.

The Site is strategically located within the East Arm Industrial Area which has been established to facilitate industrial development of strategic importance to the Territory and subsequently minimise the potential impact on the natural environment.

4.1.3 Part 3 of the NTPS details the overlays which identify areas of land that have specific development requirements.

Clause 3.7 – Land Subject to Storm Surge (LSSS)

A portion in Section 5720 is impacted by the Secondary Storm Surge Area (SSSA). Sub-clause 3.7(8) states that:

Development within the SSSA should be confined to those uses permitted in the PSSA as well as industrial and commercial land uses.

It is noted that the LSSS overlay identifies the land as suitable for industrial uses. Accordingly, the land is suitable for the proposed use.

4.1.4 Part 4 of the NTPS outlines the zone purposes and outcomes, as well as the corresponding assessment table.

Clause 4.16 – Zone DV (Development)

Zone Purpose



Facilitate the development of major strategic industries that are of importance to the future economic development of the Northern Territory, including gas, road, rail or port related industries.

Relevant Zone Outcomes:

1. A range of strategic industry activities, including abattoir, fuel depot, major industrial development, transport terminal, and warehouse uses that benefit from proximity to ports and rail infrastructure and require larger lots due to the scale of activities. Development is limited to that which has approval from the agency or company responsible for the utility.

The proposed development is for a bulk fuel storage facility that is of strategic economic importance to the proponent as well as the Territory. The development will continue to be provided with all necessary urban services.

4.1.5 Part 5 of the NTPS outlines the specific development requirements relevant to the application.

East Arm locality comprises strategic industrial development and undeveloped land. The subject site is setback approximately 25.0 metres from the Berrimah Road Reserve and approximately 50.0 metres from the road itself, providing a large buffer of already cleared land, where landscaping will be determined to visually buffer the road from the development.

Given the nature of the site, the minor non-compliances of the tank height requirements are considered appropriate for the locality and will have no impact on the amenity of the area.

The purpose of Clause 5.2.4.1 (Vehicle Parking) is to ensure that sufficient off-street car parking, constructed and to a standard and conveniently located, is provided to service the proposed use of a site. Parking generation is outlined in Table to Clause 5.2.4.1, which requires developments provide the following:

• Industry-general: One (1) bay for every 100 square metres of net floor area, plus four (4) bays for every 100 square metres of net floor area used for office.

The office building has been included in the parking generation as industry-general use. Floor areas of the boardroom, control room and open office within the administration building have all been included in the parking generation as office use. The parking requirements generated by the development is outlined in Table 1 below.

Table 1 Car Parking Generation

Use Requirement Floor Area Parking Generation

Industry-general One (1) per 100 square metres NFA

550 square metres Five (5) bays

Office Four (4) per 100 square metres of NFA

160 square metres Four (4) bays

Total Parking Requirements Nine (9) bays

In accordance with Table 1 above, the development is required to provide nine (9) car parking bays. The proposal includes car parking will be required at the following locations:

• Main Administration offices: 8 car bays and 1 disabled car bay • Workshop/Warehouse: Hardstand area for rigid trucks • Main entry gate: Parking to cater for car/caravan and rigid trucks, with allowance to turn

around if unauthorised for entry


Statement of Effect – Project Caymus

CDM Smith Australia Pty Ltd 8

Car parking bays shall be designed in accordance with AS 2890.

In general, car-parking areas shall be sealed, with adequate grades for surface drainage to prevent ponding of water. Vehicle bays shall be delineated line marking.

Design should consider vehicular movement by parking restrictions from the area adjacent to the top of a retaining wall for a distance of the height of the wall, plus 1.0 metre minimum back from the wall, by placement of kerbing, bollards, or other approved alternative means.

The purpose of Clause 5.2.4.4 (Parking Layout) is to ensure that a car parking area is appropriately designed, constructed and maintained for its intended purpose. In accordance with the requirements of this clause, parking bays should be sealed, well drained and functional, with the specified landscaping and driveway dimensions provided.

The proposal generally complies with the requirements of this clause. Standard 90-degree car parking bays provided as part of the development are 2.5 metres wide by 5.5 metres long.

The purpose of Clause 5.2.5 (Loading Bays) is to provide for the loading and unloading of vehicles associated with the use of land. No loading bays are required.

The purpose of Clause 5.2.6 (Landscaping) is to ensure appropriate landscaping that is attractive, water efficient and contributes to a safe environment, is provided to development to enhance the streetscape and overall amenity of the locality. Landscaping will start in the construction program and be included as a maintenance item during operations.

The subject site is setback approximately 25.0 metres from the Berrimah Reserve, which will be constructed landscaping buffer. Additional landscaping will be provided on the site which, in accordance with the development plans (refer Attachment D), will be planted with native species and rock mulch.

The entire site will be fenced to prevent unauthorised vehicle and pedestrian movements. There will be no gates (vehicle or pedestrian) fronting Berrimah Road. The entrance to the site will be via a lockable gate on the new access road off Salloo Street.

Erosion and sediments will be controlled throughout the construction of the development, in accordance with the Department of Environment Protection and Water Security requirements. Section 5711 south of Section 5673 is an open unlined drain that discharges to the north east corner of Section 5720. A site retention pond is to be provided in the north east corner of the site to capture eroded or disturbed soil washed off during storm events.

4.2 46(3)(b) – Interim Development Control Order

There are no interim Development Control Orders currently applying on the site.

4.3 46(3)(c) – Referral to the NT EPA

The project was referred to the NT EPA under the Environment Protection Act on 21 July 2020 via a NT EPA Referral. A determination by the NT EPA on whether the proposed work and ongoing use of the site would have a significant impact on the environment under the EP Act is expected during the public display period of this Development Application.

4.4 46(3)(d) – Merits of Proposed Development

The proposal has considerable merit as it will;

• provide local employment throughout the construction and operational phases of the development; and

• stimulate the local economy through private investment during the post-COVID economic recovery.

4.5 46(3)(e) – Subject Land, Suitability for Development and Impact on Locality



For a description of the subject land and locality, refer Section 2 of this report. There is no anticipated detriment to the surrounding locality.

4.6 46(3)(f) – Available Public Facilities/Open Space

The proposal does not necessitate the requirement to provide public facilities or open space.

4.7 46(3)(g) – Available Public Utilities/Infrastructure

Reticulated power, water and sewer is available and all required service connections will be established in consultation with the relevant authorities. Please refer to the Development Plans at Attachment D for further information.

4.8 46(3)(h) – Impact on Amenity

The proposal meets the purpose of the zone and aligns with the objectives and responses of the Strategic Framework, namely the Darwin Regional Land Use Plan. Surrounding land is developed in accordance with Zone DV provisions and the completed development is not expected to give rise to any adverse impacts on existing or future amenity within the immediate vicinity.

4.9 46(3)(j) – Benefit/Detriment to Public Interest

There is no detriment to the public interest. Conversely, the proposal supports the achievement of the land use intent under the Darwin Regional Land Use Plan 2015 strategic framework and DV zone which will result in a benefit to the public interest.

4.10 46(3)(k) – Compliance with Building Act 1993

The application is not for subdivision and there are no existing buildings on site.



5 Conclusion The application is for a bulk fuel storage facility. The bulk fuel storage facility (BFSF) is made up of 300ML of Jet Fuel Storage. The Site is located within DV (Development) Zone of the NTPS. The proposed development is for the purpose of thanks, a warehouse and ancillary office use of the land for which a development permit is required. The proposed development is Impact Assessable under the NTPS.

This SOE has been prepared to support the Development Application for the proposed development and has demonstrated that the proposed development is consistent with the intent of the NTPS and is a suitable development in this location.

The Development Site and its broader locality is considered suitable for the proposed development of tanks, a warehouse and offices which is assessed to be compatible with the surrounding area. The proposed development will not introduce negative impacts on the surrounding area and the development is not detrimental to the public interest.

Our assessment in consideration of the requirements of all relevant statutory planning tests of the NTPA is that there are strong grounds for the consent authority to approve the Development Application for the proposed fuel depot and ancillary facilities subject to reasonable and relevant conditions.



Appendix A: Site Plan



Appendix B: LDC Authorisation



Appendix 1: Development Plan