Queensland Mining Approvals IndexMining Capital Funds

Data as at 14 September 2026 · from the Queensland EP Act public register

Coal environmental authority

EPML00744813 · Foxleigh Mine

Coal environmental authority EPML00744813 (Foxleigh Mine), Granted. 145 conditions indexed. Holds PRC plan P-PRCP-100807509.

Status
Granted
Holders
CAML RESOURCES PTY LTD; FOXLEIGH COAL PTY LTD; NIPPON STEEL AUSTRALIA PTY. LIMITED
Tenures
ML70171; ML70309; ML70310; ML70429; ML70430; ML70431; ML70470
PRC plan
P-PRCP-100807509 · effective 2025-07-17
How it was read
Numbered conditions
Register
Register record · Instrument PDF

Conditions

145 numbered conditions read from the current instrument. Page numbers link into the register PDF.

  1. A1

    This environmental authority authorises environmental harm referred to in the conditions. Where there is no condition or this environmental authority is silent on a matter, the lack of a condition or silence does not authorise environmental harm.

  2. A2

    In carrying out the mining activity authorised by this environmental authority, the holder of this environmental authority must comply with Appendix 1 - Figure 1: Approved Foxleigh Mine Activities attached to this environmental authority. Maintenance of measures, plant and equipment

  3. A3

    The holder of this environmental authority must: a) install all measures, plant and equipment necessary to ensure compliance with the conditions of this environmental authority; b) maintain such measures, plant and equipment in a proper and efficient condition; c) operate such measures, plant and equipment in a proper and efficient manner; and d) ensure all instruments and devices used for the measurement or monitoring of any parameter under any condition of this environmental authority are properly calibrated. Monitoring

    page 4Monitoring and reporting
  4. A4

    Upon request from the administering authority, copies of monitoring records and reports should be made available and provided to the administering authority's nominated office within 10 business days or an alternative timeframe agreed between the administering authority and the holder.

    page 4Monitoring and reporting
  5. A5

    Any management or monitoring plans, systems or programs required to be developed and implemented by a condition of this environmental authority should be reviewed for effectiveness in minimising the likelihood of environmental harm on an annual basis, and amended promptly if required, unless a particular review date and amendment program is specified in the plan, system or program.

    page 4Monitoring and reporting
  6. A6

    Except where specified otherwise in another condition of this authority, all monitoring records or reports required by this environmental authority must be kept for a period of not less than 5 years. Risk management

    page 4Monitoring and reporting
  7. A7

    The holder of this environmental authority must develop and implement a risk management system for mining activities which mirrors the content requirement of the Standard for Risk Management (ISO31000:2009), or the latest edition of an Australian standard for risk management, to the extent relevant to environmental management, by three (3) months from the issue of this EA. Notification of emergencies, incidents and exceptions

    page 4Monitoring and reporting
  8. A8

    The holder of this environmental authority must notify the administering authority by written notification within twenty-four (24) hours, after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this environmental authority. Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 4Monitoring and reporting
  9. A9

    Within ten (10) business days following the initial notification of an emergency or incident, or receipt of monitoring results, whichever is the latter, further written advice must be provided to the administering authority, including the following: a) results and interpretation of any samples taken and analysed; b) outcomes of actions taken at the time to prevent or minimise unlawful environmental harm; and c) proposed actions to prevent a recurrence of the emergency or incident. Chemicals and flammable or combustible liquids

    page 5Monitoring and reporting
  10. A10

    All explosives, hazardous chemicals, corrosive substances, toxic substances, gases and dangerous goods must be stored and handled in accordance with the current Australian standard where such is applicable.

    page 5Waste
  11. A11

    Minimise the potential for contamination of land and waters by diverting stormwater around contaminated areas and facilities used for the storage of chemicals and flammable or combustible liquids. Complaint Response

    page 5Surface water
  12. A12

    The holder of this environmental authority must record all environmental complaints received about the mining activities including: a) name, address and contact number for of the complainant; b) time and date of complaint; c) reasons for the complaint; d) investigations undertaken; e) conclusions formed; f) actions taken to resolve the complaint; g) any abatement measures implemented; and, h) any person responsible for resolving the complaint.

    page 5Monitoring and reporting
  13. A13

    The holder of this environmental authority must, when requested by the administering authority, undertake relevant specified monitoring within a reasonable timeframe nominated or agreed to by the administering authority to investigate any complaint of environmental harm.

    page 5Monitoring and reporting
  14. A14

    The results of the investigation required by condition A13 (including an analysis and interpretation of the monitoring results) and abatement measures, where implemented, must be provided to the administering authority: a) within ten (10) business days of completion of the investigation; or b) no later than ten (10) business days after the end of the timeframe nominated by the administering authority to undertake the investigation. Third-party reporting

    page 5Monitoring and reporting
  15. A15

    The holder of this environmental authority must: a) obtain from a suitably qualified and experienced third party a report on compliance with the conditions of this environmental authority at regular intervals not exceeding three (3) years from 20 April 2021; and b) provide each report to the administering authority within ninety (90) days of its completion. Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 5Monitoring and reporting
  16. A16

    Where a condition of this environmental authority requires compliance with a standard, policy or guideline published externally to this environmental authority and the standard is amended or changed subsequent to the issue of this environmental authority the holder of this environmental authority must: a) comply with the amended or changed standard, policy or guideline within two (2) years of the amendment or change being made, unless a different period is specified in the amended standard or relevant legislation, or where the amendment or change relates specifically to regulated structures referred to in condition J37, the time specified in that condition; and b) until compliance with the amended or changed standard, policy or guideline is achieved, continue to remain in compliance with the corresponding provision that was current immediately prior to the relevant amendment or change. Permit Environmental authority EPML00744813 - Foxleigh Mine Schedule B - Air Dust nuisance

    page 6Regulated structures, Air
  17. B1

    The proponent shall ensure that all reasonable and feasible avoidance and mitigation measures are employed so that the dust and particulate matter emissions generated by the mining activities do not cause exceedances of the following levels when measured at any sensitive or commercial place: a) dust deposition of 120 milligrams per square metre per day, averaged over one (1) month, when monitored in accordance with the most recent version of Australian Standard AS3580.10.1 Methods for sampling and analysis of ambient air--Determination of particulate matter--Deposited matter - Gravimetric method; b) a concentration of particulate matter with an aerodynamic diameter of less than 10 micrometres (PM10) suspended in the atmosphere of 50 micrograms per cubic metre over a 24-hour averaging time, for no more than five (5) exceedances recorded each year, when monitored in accordance with the most recent version of either: i) Australian Standard AS3580.9.6 Methods for sampling and analysis of ambient air-- Determination of suspended particulate matter--PM10 high volume sampler with size-selective inlet - Gravimetric method, or ii) Australian Standard AS3580.9.9 Methods for sampling and analysis of ambient air-- Determination of suspended particulate matter--PM10 low volume sampler-- Gravimetric method; c) a concentration of particulate matter suspended in the atmosphere of 90 micrograms per cubic metre over a one (1) year averaging time, when monitored in accordance with the most recent version of AS/NZS3580.9.3:2003 Methods for sampling and analysis of ambient air--Determination of suspended particulate matter--Total suspended particulate matter (TSP)--High volume sampler gravimetric method. Meteorological monitoring

    page 7Air, Monitoring and reporting
  18. B2

    The environmental authority holder must establish and maintain a permanent automatic meteorological station to continuously measure and record wind speed, wind direction, temperature, relative humidity and rainfall intensity. Note: It is possible for environmental authority holders to utilise relevant and available weather monitoring information collected by other parties as reference data for the purposes of this condition. Odour nuisance

    page 7Air, Monitoring and reporting
  19. B3

    The release of noxious or offensive odour(s) or any other noxious of offensive airborne contaminant(s) resulting from the mining activity must not cause an environmental nuisance at any nuisance sensitive or commercial place.

  20. B4

    When requested by the administering authority, odour monitoring must be undertaken within a reasonable and practicable timeframe nominated by the administering authority to investigate any complaints (which is neither frivolous nor vexatious nor based on mistaken belief in the opinion of the authorised officer) of environmental nuisance at any sensitive or commercial place, and the results must be notified within fourteen (14) days to the administering authority following completion of monitoring.

    page 7Air, Monitoring and reporting
  21. B5

    If the administering authority determines the odour released to constitute an environmental nuisance, then the environmental authority holder must: a) address the complaint including the use of appropriate dispute resolution if required; and b) immediately implement odour abatement measures so that emissions of odour form the activity do not result in further environmental nuisance. Permit Environmental authority EPML00744813 - Foxleigh Mine Schedule C - Waste management

    page 7Air, Waste
  22. C1

    Unless otherwise permitted by the conditions of this environmental authority or with prior approval from the administering authority and in accordance with a relevant standard operating procedure, waste must not be burnt.

    page 8Waste
  23. C2

    The holder of this environmental authority may burn vegetation cleared in the course of carrying out the extraction activities provided the activities does not cause environmental harm at any environmentally sensitive place and adheres to the following conditions: a) be in accordance with a Permit to Burn issued under the Fire and Rescue Service Act 1990; b) ensure retained trees are not damaged by the burn; c) ensure any infrastructure is not damaged or affected by the burn; d) be twenty (20) metres from any watercourse; e) any nearby neighbors must be notified; and, f) fire authorities must be notified. Tailings disposal

    page 8Surface water, Waste, Biodiversity, Monitoring and reporting
  24. C3

    Tailings must be managed in accordance with procedures contained within the tailings management plan . These procedures must include provisions for: a) containment of tailings; b) the management of seepage and leachates both during operation and the foreseeable future; c) the control of fugitive emissions to air; d) a program of progressive sampling and characterisation to identify acid producing potential and metal concentrations of tailings; e) maintaining records of the relative locations of any other waste stored within the tailings; f) ; and g) monitoring of rehabilitation, research and/or trials to verify the requirements and methods for decommissioning and final rehabilitation of tailings, including the prevention and management of acid mine drainage, erosion minimisation and establishment of vegetation cover. Acid sulphate soils

    page 8Rehabilitation, Waste, Land and soil, Biodiversity, Monitoring and reporting
  25. C4

    Treat and manage acid sulphate soils in accordance with the latest edition of the Queensland Acid Sulfate Soil Technical Manual. Permit Environmental authority EPML00744813 - Foxleigh Mine Waste rock

    page 8Waste, Land and soil
  26. C5

    A waste rock and spoil disposal plan should be developed and include, where relevant, at least: a) effective characterisation of the waste rock and spoil to predict under the proposed placement and disposal strategy the quality of runoff and seepage generated concerning potentially environmentally significant effects including salinity, acidity, alkalinity and dissolved metals, metalloids and non-metallic inorganic substances; b) a program of progressive sampling and characterisation to identify dispersive and non- dispersive spoil and the salinity, acid and alkali producing potential and metal concentrations of waste rock; c) A materials balance and disposal plan demonstrating how potentially acid forming and acid forming waste rock will be selectively placed and/or encapsulated to minimise the potential generation of acid mine drainage; d) where relevant, a sampling program to verify encapsulation and/or placement of potentially acid-forming and acid-forming waste rock; e) how often the performance of the plan will be assessed; f) the indicators or other criteria on which the performance of the plan will be assessed. Permit Environmental authority EPML00744813 - Foxleigh Mine Schedule D - Noise and vibration Noise nuisance

    page 9Noise and vibration, Waste
  27. D1

    Subject to condition D2 noise from the mining activity must not cause an environmental nuisance at any sensitive or commercial place.

    page 10Noise and vibration
  28. D2

    When requested by the administering authority, noise monitoring must be undertaken within a reasonable and practicable timeframe nominated by the administering authority to investigate any complaint (which is neither frivolous nor vexatious nor based on mistaken belief in the opinion of the authorised officer) of environmental nuisance at any sensitive or commercial place, and the results must be notified within ten (10) business days to the administering authority following completion of monitoring.

    page 10Noise and vibration, Monitoring and reporting
  29. D3

    The method of measurement and reporting of noise levels must comply with the latest edition of the administering authority's Noise Measurement Manual. Vibration nuisance

    page 10Noise and vibration, Monitoring and reporting
  30. D4

    Subject to condition D5 vibration from the mining activity must not cause an environmental nuisance at any sensitive or commercial place.

    page 10Noise and vibration
  31. D5

    When requested by the administering authority, vibration monitoring must be undertaken within a reasonable and practicable timeframe nominated by the administering authority to investigate any complaint (which is neither frivolous nor vexatious nor based on mistaken belief in the opinion of the authorised officer) of environmental nuisance at any sensitive or commercial place, and the results must be notified within ten (10) business days to the administering authority following completion of monitoring. Airblast overpressure nuisance

    page 10Noise and vibration, Monitoring and reporting
  32. D6

    The airblast overpressure level from blasting operations must not exceed the limits defined in Table 1: Airblast overpressure level at any sensitive or commercial place. Table 1: Airblast overpressure level Location Airblast overpressure measured Sensitive or commercial place Air blast overpressure level of 115db (Linear peak) for nine (9) out of ten (10) consecutive blasts initiated and not greater than 120db (Linear peak) at any time.

    page 10Noise and vibration
  33. D7

    When requested by the administering authority, airblast overpressure monitoring must be undertaken within a reasonable and practicable timeframe nominated by the administering authority to investigate any complaint (which is neither frivolous nor vexatious nor based on mistaken belief in the opinion of the authorised officer) of environmental nuisance at any sensitive or commercial place, and the results must be notified within ten (10) business days to the administering authority following completion of monitoring. Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 10Noise and vibration, Monitoring and reporting
  34. D8

    Airblast overpressure monitoring must include the following descriptors, characteristics and conditions: a) location of the blast(s) within the mining area; b) atmospheric conditions including temperature, relative humidity and wind speed and direction; and c) location, date and time of recording.

    page 11Noise and vibration, Monitoring and reporting
  35. D9

    If monitoring indicates exceedance of the relevant limits in Table 1: Airblast overpressure level, then the environmental authority holder must: a) address the complaint including the use of appropriate dispute resolution if required; and b) immediately implement airblast overpressure abatement measures so that airblast overpressure from the activity does not result in further environmental nuisance.

    page 11Noise and vibration, Monitoring and reporting
  36. D10

    The method of measurement and reporting of airblast overpressure levels must comply with the current edition of the administering authority's Noise Measurement Manual. Schedule E - Groundwater

    page 11Groundwater, Noise and vibration, Monitoring and reporting
  37. E1

    The holder of this environmental authority must not release contaminants to groundwater.

    page 11Groundwater
  38. E2

    All determinations of groundwater quality and biological monitoring must be performed by an appropriately qualified person.

    page 11Groundwater, Monitoring and reporting
  39. E3

    The holder of the environmental authority must develop and implement a groundwater monitoring program to monitor groundwater quality and levels by 31 August 2016. Groundwater monitoring locations and frequencies as per Table 2: Groundwater monitoring locations and frequency, quality triggers and limits as per Table 3: Groundwater quality triggers and limits and level trigger thresholds as per Table 4: Groundwater Level Monitoring must be finalised based on background groundwater monitoring program defined in condition E4 and be submitted to the administering authority by 31 August 2016. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 2: Groundwater monitoring locations and frequency Monitoring Easting Northing Surface RL (m)1 Monitoring frequency (GDA 94) point (GDA 94)

    page 11Groundwater, Monitoring and reporting
  40. E4

    A background groundwater monitoring program must be developed to include the following: a) groundwater monitoring locations (bore(s)) that are located an appropriate distance from potential sources of impact from mining activities and are representative of the aquifers potentially affected by mining activities b) representative groundwater samples from each of the bores; c) containment parameters, background groundwater levels, quality triggers and contaminant limits must be determined; d) sampling at a frequency of not less than monthly must be undertaken to determine groundwater levels and quality; e) finalise the required information relating to groundwater under Table 3: Groundwater quality triggers and limits, Table 2: Groundwater monitoring locations and frequencies and Table 5: Mine affected water release points, sources and receiving waters of this environmental authority; Review of the results from the groundwater monitoring program must occur to determine if further assessment on the following aspects below would be warranted: a) groundwater interactions with surface waters of Cockatoo Creek; b) impacts on potential shallow alluvial stygofauna; c) impacts on potential groundwater dependent ecosystems across the site; and d) the role of the Rewan formation and groundwater storage in associated sediments. Note: If a review of the results indicate deficiencies in data recorded, or, warrants that further assessment is required, the holder of the environmental authority must undertake a more detailed assessment and present a report to the department outlining associated risks within the time period specified by the department.

    page 14Groundwater, Surface water, Land and soil, Monitoring and reporting
  41. E5

    The groundwater level and the water quality indicators specified in Table 3: Groundwater quality triggers and limits must be monitored for at the locations in Table 2: Groundwater monitoring locations and frequency and Appendix 1, Figure 2: Groundwater monitoring locations (bores) at the frequencies in Table 2: Groundwater monitoring locations and frequency.

    page 14Groundwater, Monitoring and reporting
  42. E6

    Groundwater levels when measured at the monitoring locations specified in Table 2: Groundwater monitoring locations and frequency and Appendix 1, Figure 2: Groundwater monitoring locations (bores) must not exceed the groundwater level trigger thresholds specified in Table 4: Groundwater level monitoring.

    page 14Groundwater, Monitoring and reporting
  43. E7

    If water quality indicators listed in Table 3: Groundwater quality triggers and limits are found to exceed any of the contaminant limits stated in Table 3: Groundwater quality triggers and limits, or, groundwater levels stated in Table 4: Groundwater level monitoring are found to exceed any of the level trigger thresholds, the holder of this environmental authority must complete an investigation in accordance with the ANZG (2018). Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 14Groundwater, Monitoring and reporting
  44. E8

    Results of monitoring groundwater from compliance bores identified in Table 2: Groundwater monitoring locations and frequency must not exceed any of the contaminant limits defined in Table 3: Groundwater quality triggers and limits. Bore construction and maintenance and decommissioning

    page 15Groundwater, Monitoring and reporting
  45. E9

    The construction, maintenance, management and decommissioning of groundwater bores (including groundwater monitoring bores) must be undertaken in a manner that prevents or minimises impacts to the environment and ensures the integrity of the bores to obtain accurate monitoring. Permit Environmental authority EPML00744813 - Foxleigh Mine Schedule F - Water Contaminant release

    page 15Groundwater, Monitoring and reporting
  46. F1

    Contaminants that will or have the potential to cause environmental harm must not be released directly or indirectly to any waters as a result of the authorised mining activities, except as permitted under the conditions of this environmental authority.

  47. F2

    Unless otherwise permitted under the conditions of this environmental authority, the release of mine affected water to waters must only occur from the release points specified in Table 5: Mine affected water release point, sources and receiving waters and depicted in Appendix 1, Figure 3: Release Points and Monitoring Point Locations attached to this environmental authority. Table 5: Mine affected water release points, sources and receiving waters Release Latitude Longitude Mine affected water Monitoring point Receiving point (decimal degree, source and location waters (RP) (decimal Water Water degree, GDA94) flow quality description GDA94) RP 1 -22.9180 148.7890 ML4 Pits, Foxleigh and Cockatoo Roper Cockatoo Foxleigh Plains mining Creek US Creek Creek areas DS2 RP 2 -22.9679 148.7992 Foxleigh and Foxleigh Cockatoo Roper Cockatoo Plains mining areas Creek US Creek Creek DS2 Far South, Foxleigh Roper Creek RP 3 -23.0164 148.8196 and Foxleigh Plains Roper Roper mining areas Creek US Creek DS2

    page 16Surface water, Monitoring and reporting
  48. F3

    The release of mine affected water to internal water management infrastructure installed and operated in accordance with a water management plan that complies with conditions F30 and

    page 16Surface water
  49. F4

    The release of mine affected water to waters in accordance with condition F2 must not exceed the release limits stated in Table 6: Mine affected water release limits when measured at the monitoring points specified in Table 5: Mine affected water release points, sources and receiving waters, Table 8a: Flow triggers to start mine affected water release and Table 8b: Flow triggers to cease mine affected water release for each quality characteristic. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 6: Mine affected water release limits Quality characteristic Release limits Monitoring frequency Electrical Conductivity (S/cm) Electrical conductivity (-S/cm) <10,000 Daily during release (the first sample must be taken within two (2) hours of commencement of release) pH (pH Unit) 6.5 (minimum) Daily during release (the first Turbidity (NTU) 9.0 (maximum) sample must be taken within two (2) hours of commencement of Current limit or limit derived from release) suspended solids limit and Daily during release* (first sample demonstrated correlation between within two hours of commencement turbidity to suspended solids historical of release) monitoring data for dam water* Note: Turbidity is required to assess ecosystems impacts and can provide instantaneous results. Suspended solids (mg/L) 650* Limit to be determined based on Daily during release* (first sample receiving water reference data and within two hours of commencement Sulfate achievable best practice sedimentation of release) (SO42-) (mg/L) control and treatment* Sulfate (SO42-) (mg/L) < 3,000 Daily during release* (first sample within two hours of commencement of release) Note: *Limit for suspended solids can be omitted if turbidity limit is included. Limit for turbidity not required if suspended solids limit included. Both indicators should be measured in all cases.

    page 16Surface water, Regulated structures, Land and soil, Monitoring and reporting
  50. F5

    The release of mine affected water to waters from the release points must be monitored at the locations specified in Table 5: Mine affected water release points, sources and receiving waters for each quality characteristics and at the frequency specified in Table 6: Mine affected water release limits and Table 8a: Flow triggers to start mine affected water release and Table 8b: Flow Triggers to cease mine affected water release. Note: The administering authority will take into consideration any extenuating circumstances prior to determining an appropriate enforcement response, in the event condition F5 is contravened due to a temporary lack of safe or practical access. The administering authority expects the environmental authority holder to take all reasonable and practicable measures to maintain safe and practical access to designated monitoring locations. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 7: Release contaminant trigger investigation levels, potential contaminants Quality Trigger levels (-g/L) Comment on trigger level Monitoring characteristic frequency Aluminium 55 For aquatic ecosystem protection, based on SMD guideline Arsenic 13 For aquatic ecosystem protection, based on SMD guideline Cadmium 0.2 For aquatic ecosystem protection, based on SMD guideline Commencement of Chromium 1 For aquatic ecosystem protection, based on SMD guideline release and Copper 2 For aquatic ecosystem protection, based on SMD guideline thereafter weekly Iron For aquatic ecosystem protection, based on low reliability during release Lead 300 guideline Mercury For aquatic ecosystem protection, based on SMD guideline Nickel 4 For aquatic ecosystem protection, based on LOR for CV Zinc FIMS Boron 0.2 For aquatic ecosystem protection, based on SMD guideline Cobalt For aquatic ecosystem protection, based on SMD guideline Manganese 11 For aquatic ecosystem protection, based on SMD guideline Molybdenum 8 For aquatic ecosystem protection, based on low reliability Selenium 370 guideline Silver For aquatic ecosystem protection, based on SMD guideline Uranium 90 For aquatic ecosystem protection, based on low reliability Vanadium guideline Ammonia 1900 For aquatic ecosystem protection, based on LOR for ICPMS Nitrate For aquatic ecosystem protection, based on LOR for ICPMS 34 For aquatic ecosystem protection, based on LOR for ICPMS Sodium* For aquatic ecosystem protection, based on LOR for ICPMS 10 For aquatic ecosystem protection, based on LOR for ICPMS Petroleum 1 For aquatic ecosystem protection, based on ambient Qld hydrocarbons 1 WQ Guidelines (2006) for TN (C6-C9) 10 Petroleum 900 hydrocarbons (C10-C36) 1100 Fluoride (total) TBA - to be provided to the Suspended administering authority by 30 Solids* June 2017.

    page 17Surface water, Monitoring and reporting
  51. F6

    If quality characteristics of the release exceed any of the trigger levels specified in Table 7: Release contaminant trigger investigation levels, potential contaminants during a release event, the environmental authority holder must compare the downstream results in the receiving waters to the trigger values specified in Table 7: Release contaminant trigger investigation levels, potential contaminants and: 1) where the trigger values are not exceeded then no action is to be taken; or 2) where the downstream results exceed the trigger values specified Table 7: Release contaminant trigger investigation levels, potential contaminants for any quality characteristic, compare the results of the downstream site to the data from background monitoring sites and; a) if the result is less than the background monitoring site data, then no action is to be taken; or b) if the result is greater than the background monitoring site data, complete an investigation into the potential for environmental harm and provide a written report to the administering authority within ninety (90) days of receiving the result, outlining: i) details of the investigations carried out; and ii) actions taken to prevent environmental harm. Note: Where an exceedance of a trigger level has occurred and is being investigated, in accordance with F6 2) b) of this condition, no further reporting is required for subsequent trigger events for that quality characteristic.

    page 20Surface water, Monitoring and reporting
  52. F7

    If an exceedance in accordance with condition F6 (2) (b) is identified, the holder of the authority must notify the administering authority in writing within twenty-four (24) hours of receiving the result. Mine affected water release events

    page 20Surface water, Monitoring and reporting
  53. F8

    The holder must ensure a stream flow gauging station(s) is installed, operated and maintained to determine and record stream flows at the locations and flow recording frequency specified in Table 8a -Flow triggers to start mine affected water release and 8b - Flow triggers to cease mine affected water release.

    page 20Surface water, Monitoring and reporting
  54. F9

    Notwithstanding any other condition of this environmental authority, the release of mine affected water to waters in accordance with condition F2 must only start when natural flow in the receiving environment meets the trigger values specified in Table 8a: Flow triggers to start mine affected water release for the release point(s) specified in Table 5: Mine affected water release points, sources and receiving waters.

    page 20Surface water
  55. F10

    The releases of mine affected water to waters in accordance with conditions F6 must not exceed a maximum release rate for all combined release points flows of 2m3/s

    page 20Surface water
  56. F11

    The electrical conductivity (EC) values recorded at the downstream monitoring point on Roper Creek (Roper Creek DS2) must not exceed 2000-S/cm at any time during the release influence period.

    page 20Monitoring and reporting
  57. F12

    The electrical conductivity (EC) values recorded at the Barwon Park monitoring station on Roper Creek (Roper Creek Barwon Park) must not exceed 1500-S/cm at any time during the release influence period.

    page 20Monitoring and reporting
  58. F13

    If electrical conductivity (EC) recorded at Bingegang Weir exceeds 650-S/cm during a release event, the environmental authority holder must immediately notify the administering authority and seek written approval to continue releasing mine affected water.

    page 20Surface water, Monitoring and reporting
  59. F14

    The daily quantity of mine affected water released from each release point must be measured and recorded. Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 20Surface water
  60. F15

    Releases to waters must be undertaken so as not to cause erosion of the bed and banks of the receiving waters, or cause a material build-up of sediment in such waters. Notification of release event

    page 21Surface water, Land and soil, Monitoring and reporting
  61. F16

    The environmental authority holder must notify the administering authority via WaTERS within twenty-four (24) hours after commencing to release mine affected water to the receiving environment. Notification must include the submission of written advice to the administering authority of the following information: a) release commencement date/time; b) details regarding the compliance of the release with the conditions of Schedule F - Water of this environmental authority (that is, contaminant limits, natural flow, discharge volume) c) release point(s); d) release rate; e) release salinity; and f) receiving water(s) including the natural flow rate.

    page 21Surface water, Monitoring and reporting
  62. F17

    The environmental authority holder must notify the administering authority via WaTERS, as soon as practicable and no later than twenty-four (24) hours after the cessation of a release event, of the cessation of a release notified under condition F16. The cessation notification must include the following information: release cessation date/time; a) natural flow volume in receiving water; b) volume of water released; c) details regarding the compliance of the release with the conditions of Schedule F - Water of this environmental authority (i.e. contamination limits, natural flow, discharge volume). Note: Successive or intermittent releases occurring within twenty-four (24) hours of the cessation of any individual release can be considered part of a single release event and do not require individual notification for the purpose of compliance with conditions F16 and F17, provided the relevant details of the release are included within the notification provided in accordance with conditions F16 and F17.

    page 21Surface water, Monitoring and reporting
  63. F18

    The holder of this environmental authority must within twenty eight (28) days after cessation of a release event notified under condition F16 provide a report to the administering authority via WaTERS, which must include the following information: a) all in-situ water quality monitoring results; and b) any other matters pertinent to the water release event. Notification of release event exceedance

    page 21Monitoring and reporting
  64. F19

    If the release limits defined in Table 6: Mine affected water release limits, Table 8a: Flow triggers to start mine affected water release and Table 8b: Flow triggers to cease mine affected water release are exceeded, the holder of the environmental authority must notify the administering authority within twenty-four (24) hours of receiving the results. Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 21Surface water, Monitoring and reporting
  65. F20

    The environmental authority holder must, within twenty-eight (28) days of a release that exceeds the conditions of this authority, provide a report to the administering authority detailing: a) the reason for the release; b) the location of the release; c) the total volume of the release and which (if any) part of this volume was non-compliant; d) the total duration of the release and which (if any) part of this period was non-compliant; e) all water quality monitoring results (including all laboratory analyses); f) identification of any environmental harm as a result of the non-compliance; g) all calculations; and h) any other matters pertinent to the water release event.

    page 22Monitoring and reporting
  66. F21

    In the event that water storages defined in Table 9: On-site water storage contaminant limits exceed the contaminant limits defined in Table 9: On-site water storage contaminant limits, the holder of the environmental authority must implement measures, where practicable, to prevent access to waters by all livestock. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 9: On-site water storage contaminant limits Quality characteristic Test value Contaminant limit pH (pH unit) Range 4 - 9^ EC (-S/cm) Maximum 5970* Sulphate (mg/L) Maximum 1000* Fluoride (mg/L) Maximum 2* Aluminium (mg/L) Maximum 5* Arsenic (mg/L) Maximum 0.5* Cadmium (mg/L) Maximum 0.01* Cobalt (mg/L) Maximum 1* Copper (mg/L) Maximum 1* Lead (mg/L) Maximum 0.1* Nickel (mg/L) Maximum 1* Zinc (mg/L) Maximum 20* * Contaminant limit based on ANZECC & ARMCANZ (2000) stock water quality guidelines. ^ Page 4.2-15 of ANZECC & ARMCANZ (2000) "Soil and animal health will not generally be affected by water with pH in the range of 4-9". Note: Total measurements (unfiltered) must be taken and analysed. Receiving environment monitoring and contaminant trigger levels

    page 22Land and soil, Monitoring and reporting
  67. F22

    The quality of the receiving waters must be monitored at the locations specified in Table 11: Receiving water upstream background sites and downstream monitoring points for each quality characteristic and at the monitoring frequency stated in Table 10: Receiving waters contaminant trigger levels. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 10: Receiving waters contaminant trigger levels Quality characteristic Trigger level Monitoring frequency pH 6.5 - 8.0 Suspended solids 650 (mg/L) Daily during the release Sulphate (SO42-) (mg/L) 250 (Protection of drinking water environmental value) Sodium (mg/L) To be supplied to the administering authority by 30 June 2017. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 11: Receiving water upstream background sites and downstream monitoring points Site Reference Latitude Longitude Monitoring points and receiving waters location (Decimal (Decimal degree, description degree, GDA94) GDA94) Upstream background monitoring points Roper Creek US Located 200m -22.8778 148.6729 downstream of -22.8778 148.7742 Cockatoo Creek US Dysart 22.9238 148.8269 Middlemount - 22.9218 148.6665 Carlo Creek US Road Parrot Creek DS (Downstream of Capcoal Mine and Upstream of Foxleigh Mine) Located 1.5km upstream of homestead parallel to Foxleigh Road Located 50m upstream of the Barwon Park Middlemount Road and Carlo

    page 23Surface water, Monitoring and reporting
  68. F23

    If quality characteristics of the receiving water at the downstream monitoring points exceed any of the trigger levels specified in Table 10: Receiving waters contaminant trigger levels during a release event the environmental authority holder must compare the downstream results to the upstream results in the receiving waters and: a) where the downstream result is the same or a lower value than the upstream value for the quality characteristic then no action is to be taken; or b) where the downstream results exceed the upstream results complete an investigation into the potential for environmental harm and provide a written report to the administering authority in the next annual return, outlining: i) details of the investigations carried out; and ii) actions taken to prevent environmental harm. Note: Where an exceedance of a trigger level has occurred and is being investigated, in accordance with F22 b) of this condition, no further reporting is required for subsequent trigger events for that quality characteristic.

    page 26Surface water, Monitoring and reporting
  69. F24

    All determinations of water quality and biological monitoring must be performed by an appropriately qualified person. Receiving environment monitoring program (REMP)

    page 26Monitoring and reporting
  70. F25

    The environmental authority holder must develop and implement a Receiving Environment Monitoring Program (REMP) to monitor, identify and describe any adverse impacts to surface water environmental values, quality and flows due to the authorised mining activity. This must include monitoring the effects of the mine on the receiving environment periodically (under natural flow conditions) and while mine affected water is being discharged from the site. For the purposes of the REMP, the receiving environment is the waters of Roper Creek and connected or surrounding waterways within 10km downstream of the release. The REMP should encompass any sensitive receiving waters or environmental values downstream of the authorised mining activity that will potentially be directly affected by an authorised release of mine affected water.

    page 26Surface water, Monitoring and reporting
  71. F26

    A REMP design document that addresses the requirements of the REMP must be prepared and made available to the administrating authority upon request.

  72. F27

    A report outlining the findings of the REMP, including all monitoring results and interpretations must be prepared annually and made available on request to the administrating authority. This must include an assessment of background reference water quality, the condition of downstream water quality compared against water quality objectives, and the suitability of current discharge limits to protect downstream environmental values. Water reuse

    page 26Monitoring and reporting
  73. F28

    Mine affected water may be piped or trucked or transferred by some other means that does not contravene the conditions of this environmental authority and deposited into artificial water storage structures, such as farm dams or tanks, or used directly at properties owned by the environmental authority holder or a third party (with the consent of the third party). Permit Environmental authority EPML00744813 - Foxleigh Mine Annual water monitoring reporting

    page 26Surface water, Regulated structures, Monitoring and reporting
  74. F29

    The following information must be recorded in relation to all water monitoring required under the conditions of this environmental authority and submitted to the administering authority in the specified format: a) the date on which the sample was taken; b) the time at which the sample was taken; c) the monitoring point at which the sample was taken; d) the measured or estimated daily quantity of mine affected water released from all release points; e) the release flow rate at the time of sampling for each release point; f) the results of all monitoring and details of any exceedances of the conditions of this environmental authority; and g) water quality monitoring data must be provided to the administering authority in the specified electronic format upon request. Temporary interference with waterways

    page 27Surface water, Monitoring and reporting
  75. F30

    Destroying native vegetation, excavating, or placing fill in a watercourse, lake or spring necessary for and associated with mining operations must be undertaken in accordance with Department of Natural Resources and Mines (or its successor) Guideline - Activities in a Watercourse, Lake or Spring Associated with Mining Activities. Water management plan

    page 27Surface water, Biodiversity
  76. F31

    A Water Management Plan must be developed by an appropriately qualified person and implemented. Stormwater and water sediment controls

    page 27Surface water, Land and soil
  77. F32

    An Erosion and Sediment Control Plan must be developed by an appropriately qualified person and implemented for all stages of the mining activities on the site to minimise erosion and the release of sediment to receiving waters and contamination of stormwater.

    page 27Surface water, Land and soil
  78. F33

    Stormwater, other than mine affected water, is permitted to be released to waters from: a) erosion and sediment control structures that are installed and operated in accordance with the Erosion and Sediment Control Plan required by condition F32; and b) water management infrastructure that is installed and operated, in accordance with a Water Management Plan that complies with condition F31, for the purpose of ensuring water does not become mine affected water.

    page 27Surface water, Land and soil
  79. F34

    The maintenance and cleaning of any vehicles, plant or equipment must not be carried out in areas from which contaminants can be released into any receiving waters. Permit Environmental authority EPML00744813 - Foxleigh Mine Schedule G - Watercourse diversions Permanent watercourse diversions (Foxleigh Plains ML70431)

    page 27Surface water
  80. G1

    Permanent watercourse diversions, or the re-establishment of a pre-existing watercourse where a temporary watercourse diversion is being replaced, must be designed, constructed and operated to: a) incorporate natural features (including geomorphic and vegetation) present at the location of the diversion; and b) maintain the pre-existing hydrologic characteristics of surface water and groundwater systems for the area in which the watercourse diversion is located; and c) maintain the hydraulic characteristics of the permanent watercourse diversion that are equivalent to other local watercourses and are suitable for the area in which the diversion is located without using artificial structures that require on-going maintenance; and d) maintain sediment transport and water quality regimes that allow the diversion to be self- sustaining, while minimising any adverse impacts to upstream and downstream water quality, geomorphology, fauna and vegetation; and e) maintain equilibrium and functionality in all substrate conditions at the location of the diversion. Design plan

    page 28Groundwater, Surface water, Land and soil, Biodiversity
  81. G2

    A certified Design Plan that achieves condition G1 for a permanent watercourse diversion, must be submitted to the administering authority at least ten (10) business days before commencing construction of the diversion.

    page 28Surface water
  82. G3

    The certified Design Plan for any temporary or permanent watercourse diversion must be consistent with the functional design/s (B. Phillips - Hatch Hydrobiology, 14 March 2016, Technical Report - Foxleigh Plains Diversion - Functional Design Report, Revision 1) that formed a part of the application documents for this environmental authority. Construction and operation

    page 28Surface water, Monitoring and reporting
  83. G4

    A certified set of `as constructed' drawings and specifications must be submitted to the administering authority within sixty (60) business days from the completion of construction of any temporary or permanent watercourse diversions, and/or re-establishment of the pre-existing watercourse.

    page 28Surface water
  84. G5

    The certified set of `as constructed' drawings and specifications must state: a) that the 'as constructed' drawings and specifications meet the original intent of the design plan for the watercourse diversion; and b) construction of the watercourse diversion is in accordance with the design plan. Permit Environmental authority EPML00744813 - Foxleigh Mine Register The details of watercourse diversions planned and constructed under this environmental

    page 28Surface water
  85. G6

    authority must be accurately recorded in a Register of Watercourse Diversions, required to be kept by the holder of this environmental authority.

    page 29Surface water
  86. G7

    An electronic copy of the Register of Watercourse Diversions required under condition G6 must be provided to the administering authority on request. Annual inspection report

    page 29Surface water, Monitoring and reporting
  87. G8

    Each permanent watercourse diversion must be inspected each calendar year by a suitably qualified and experienced person.

    page 29Surface water
  88. G9

    At each annual inspection, the condition and adequacy of all components of the permanent watercourse diversion must be assessed and a suitably qualified and experienced person must prepare an annual inspection report containing details of the assessment, and include a recommendations section, with any recommended actions to ensure the integrity of the permanent watercourse diversion, or a positive statement that no recommendations are required.

    page 29Surface water, Monitoring and reporting
  89. G10

    The annual inspection report specified in condition G9 must assess: a) if the permanent watercourse diversion is functioning as intended in the design plan and the approved PRCP Schedule P_PRCP_100807509; and b) if the permanent watercourse diversion meets the outcomes for the operation and monitoring of permanent diversions as per the Department of Natural Resources and Mines Guideline: Works that interfere with water in a watercourse - watercourse diversions.

    page 29Surface water, Monitoring and reporting
  90. G11

    The holder must within twenty (20) business days of receipt of the annual inspection report, provide to the administering authority: a) the recommendations section of the annual inspection report; and b) if applicable, any actions being taken in response to those recommendations.

    page 29Monitoring and reporting
  91. G12

    If, following receipt of the recommendations and (if applicable) recommended actions, as per condition G11, the administering authority requests a copy of the annual inspection report from the holder, the holder must provide this to the administering authority within ten (10) business days of receipt of the request. Permit Environmental authority EPML00744813 - Foxleigh Mine Schedule H - Land Rehabilitation

    page 29Rehabilitation, Monitoring and reporting
  92. H1

    Progressive rehabilitation of the disturbed land must be carried out in accordance with the approved Progressive Rehabilitation and Closure Plan (PRCP) schedule P-PRCP-100702802 for this environmental authority. Surrender

    page 30Rehabilitation
  93. H2

    The holder must meet the conditions and the rehabilitation milestones under the PRCP schedule P-PRCP-100702802 prior to the surrender of the environmental authority.

    page 30Rehabilitation
  94. H3

    Minimise the potential for contamination of land by hazardous contaminants. Infrastructure

    page 30Waste
  95. H4

    All bunding for coal stockpiles must be a minimum of 30m from the lease boundary. Biodiversity offsets

    page 30Biodiversity
  96. H5

    Offsets under the Environmental Offsets Act 2014 Significant residual impacts to prescribed environmental matters are not authorised under this environmental authority or the Environmental Offsets Act 2014, unless: a) the impacts are specified in Table 12 - Authorised significant residual impacts to prescribed environmental matters under the Environmental Offsets Act 2014; or b) the impacts are covered by the offset requirements of EPBC Approval No 2010/5421, issued under the Environment Protection and Biodiversity Conservation Act 1999 (as specified in Table 13: Authorised significant residual impacts to prescribed environmental matters under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC approval 2010/5421); or c) the impacts are specified in Table 14: Authorised significant residual impacts to MSES that are not covered under the Environmental Offsets Act 2014 or the Environmental Protection and Biodiversity Conservation Act 1999 (covered under the Conservation Area), relating to the Conservation Area required under condition H10.

    page 30Biodiversity
  97. H6

    Records demonstrating that each impact to a prescribed environmental matter did not, or is not likely to, result in a significant residual impact to that matter must be: a) completed by an appropriately qualified person; and b) kept for the life of the environmental authority.

    page 30Monitoring and reporting
  98. H7

    An environmental offset made in accordance with the Environmental Offsets Act 2014 and Queensland Environmental Offsets Policy, as amended from time to time, must be undertaken for the maximum extent of impact to each prescribed environmental matter authorised in Table 12 - Authorised significant residual impacts to prescribed environmental matters.

    page 30Biodiversity
  99. H8

    For proposed offsets relating to significant residual impacts listed in Table 12 - Authorised significant residual impacts to prescribed environmental matters under the Environmental Offsets Act 2014, a notice of election under section 18 of the Environmental Offsets Act 2014 must be provided to the administering authority by 31 August 2023. Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 30Biodiversity
  100. H9

    Immediately following provision of the notice of election required under condition H8 to the administering authority, the environmental authority holder must do all things reasonably necessary to enter into an agreed delivery arrangement with the administering authority under section 19 of the Environmental Offsets Act 2014.

    page 31Biodiversity
  101. H10

    Conservation Area The environmental authority holder must obtain legal security of the Conservation Area shown in Figure 4: Conservation area reference map by 30 June 2024 and maintain legal security for the life of the EA.

  102. H11

    The environmental authority holder must manage the Conservation Area to achieve, at minimum, the BioCondition scores listed as "Final BioCondition score" in Table 15: Conservation Area BioCondition Scores.

  103. H12

    The BioCondition scores required under condition H11 must be determined by an appropriately qualified person according to the latest version of the Queensland BioCondition Assessment Manual.

  104. H13

    The BioCondition scores required under condition H11 must be achieved by 30 June 2043.

  105. H14

    Once the BioCondition scores required under condition H11 are achieved, including if they are achieved before 30 June 2043, they must be maintained as a minimum standard for the life of the environmental authority.

  106. H15

    The environmental authority holder must develop and implement a Conservation Area Improvement Plan by 31 December 2023.

  107. H16

    The Conservation Area Improvement Plan required by condition H15 must include the following: a) A description of the vegetation communities and environmental values within the Conservation Area b) A description of how the final BioCondition scores will be achieved, including: i) Identification of the risks that may result in failure to achieve the final BioCondition scores ii) How the identified risks will be managed and mitigated iii) Any actions that will or may be taken to improve the starting BioCondition score c) A statement that specifies the chosen method of legal security d) Any other information that the environmental authority holder considers necessary to achieve the requirements of condition H11.

    page 31Biodiversity
  108. H17

    Mining activity or any related disturbance is not authorised to occur within the Conservation Area. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 12: Authorised significant residual impacts to prescribed environmental matters under the Environmental Offsets Act 2014 Prescribed environmental RE ID Maximum Extent of Impact (ha) matters 11.3.1 20.08 REGULATED VEGETATION 59.99 NA Endangered regional ecosystems Regional ecosystems within the defined distance from the defining banks of a relevant watercourse on the vegetation management watercourse map Table 13: Authorised significant residual impacts to prescribed environmental matters under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC approval 2010/5421) Protected Matter Maximum Extent of Impact (ha) 96.2 Brigalow (Acacia harpophylla dominant and co- dominant) threatened ecological community Squatter Pigeon (Geophaps scripta scripta) primary 202.5 habitat * For location reference map, see Appendix 3, Figure 5: Authorised significant residual impacts to prescribed environmental matters under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC approval 2010/5421). Table 14: Authorised significant residual impacts to prescribed environmental matters that are not covered under the Environmental Offsets Act 2014 or the Environmental Protection and Biodiversity Conservation Act 1999 (covered under the Conservation Area). Prescribed environmental RE ID Location of impact Maximum Extent of matters REGULATED VEGETATION 11.3.2 (Polygon ID)* Impact (ha) 11.3.3 Of concern regional ecosystems 11.3.3 23 9.5 11.3.25 Regional ecosystems within the 17, 18 1.36 defined distance from the defining banks of a relevant watercourse 17 0.23 on the vegetation management watercourse map 6 0.47 * For polygon ID reference map, see Appendix 3, Figure 6: Authorised significant residual impacts to prescribed environmental matters that are not covered under the Environmental Offsets Act 2014 or the Environmental Protection and Biodiversity Conservation Act 1999 (covered under the Conservation Area). Permit

    page 31Surface water, Biodiversity
  109. J1

    The consequence category of any structure must be assessed by a suitably qualified and experienced person in accordance with the Manual for assessing consequence categories and a) prior to the design and construction of the structure, if it is not an existing structure; or b) prior to any change in its purpose or the nature of its stored contents.

    page 34Regulated structures
  110. J2

    A consequence assessment report and certification must be prepared for each structure assessed and the report may include a consequence assessment for more than one structure.

    page 34Monitoring and reporting
  111. J3

    Certification must be provided by the suitably qualified and experienced person who undertook the assessment, in the form set out in the Manual for assessing consequence categories and Design and construction of a regulated structure

    page 34Regulated structures
  112. J4

    Conditions J5 to J9 inclusive do not apply to existing structures.

  113. J5

    All regulated structures must be designed by, and constructed under the supervision of, a suitably qualified and experienced person in accordance with the requirements of the Manual for

    page 34Regulated structures
  114. J6

    Construction of a regulated structure is prohibited unless: a) the holder has submitted a consequence category assessment report and certification to the administering authority; and b) certification for the design, design plan and the associated operating procedures has been certified by a suitably qualified and experienced person in compliance with the relevant condition of this authority.

    page 34Regulated structures, Monitoring and reporting
  115. J7

    Certification must be provided by the suitably qualified and experienced person who oversees the preparation of the design plan in the form set out in the Manual for assessing consequence the Register of Regulated Structures.

    page 34Regulated structures
  116. J8

    Regulated structures must: a) be designed and constructed in compliance with the Manual for assessing consequence b) be designed and constructed with due consideration given to ensuring that the design integrity would not be compromised on account of: i) floodwaters from entering the regulated dam from any watercourse or drainage line; and ii) wall failure due to erosion by floodwaters arising from any watercourse or drainage line.

    page 34Surface water, Regulated structures, Land and soil
  117. J9

    Certification by the suitably qualified and experienced person who supervises the construction must be submitted to the administering authority on the completion of construction of the regulated structure, and state that: a) the 'as constructed' drawings and specifications meet the original intent of the design plan for that regulated structure; and b) construction of the regulated structure is in accordance with the design plan. Permit Environmental authority EPML00744813 - Foxleigh Mine Notification of affected persons

    page 34Regulated structures, Monitoring and reporting
  118. J10

    All affected persons must be provided with a copy of the emergency action plan in place for each regulated structure: a) for existing structures that are regulated structures, within ten (10) business days of this condition taking effect; b) prior to the operation of the new regulated structure; and c) if the emergency action plan is amended, within five (5) business days of it being amended. Operation of a regulated structure

    page 35Regulated structures
  119. J11

    Operation of a regulated structure, except for an existing structure, is prohibited unless the holder has submitted to the administering authority in respect of regulated structure, all of the following: a) one paper copy and one electronic copy of the design plan and certification of the `design plan' in accordance with condition J6; b) a set of `as constructed' drawings and specifications; c) certification of the `as constructed drawings and specifications' in accordance with condition J9; d) where the regulated structure is to be managed as part of an integrated containment system for the purpose of sharing the design storage allowance (DSA) volume across the system, a copy of the certified system design plan; e) the requirements of this authority relating to the construction of the regulated structure have been met; f) the holder has entered the details required under this authority, into a Register of Regulated Structures; and g) there is a current operational plan for the regulated structure.

    page 35Regulated structures
  120. J12

    For existing structures that are regulated structures: a) where the existing structure that is a regulated structure is to be managed as part of an integrated containment system for the purpose of sharing the DSA volume across the system, the holder must submit to the administering authority within twelve (12) months of the commencement of this condition a copy of the certified system design plan including that structure; and b) there must be a current operational plan for the existing structures.

    page 35Regulated structures
  121. J13

    Each regulated structure must be maintained and operated, for the duration of its operational life until decommissioned and rehabilitated, in compliance with the current operational plan and, if applicable, the current design plan and associated certified `as constructed' drawings. Mandatory reporting level

    page 35Rehabilitation, Regulated structures, Monitoring and reporting
  122. J14

    Conditions J15 to J16 inclusive only apply to regulated structures which have not been certified as low consequence category for `failure to contain - overtopping'.

    page 35Regulated structures
  123. J15

    The Mandatory Reporting Level (MRL) must be marked on a regulated dam in such a way that during routine inspections of that dam, it is clearly observable. Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 35Regulated structures, Monitoring and reporting
  124. J16

    The holder must, as soon as practicable but within forty-eight (48) hours of becoming aware, notify the administering authority when the level of the contents of a regulated dam reaches the MRL.

    page 36Regulated structures, Monitoring and reporting
  125. J17

    The holder must, immediately on becoming aware that the MRL has been reached, act to prevent the occurrence of any unauthorised discharge from the regulated dam.

    page 36Regulated structures
  126. J18

    The holder must record any changes to the MRL in the Register of Regulated Structures. Design storage allowance

    page 36Regulated structures, Monitoring and reporting
  127. J19

    The holder must assess the performance of each regulated dam or linked containment system over the preceding November to May period based on actual observations of the available storage in each regulated dam or linked containment system taken prior to 1 July of each year.

    page 36Regulated structures
  128. J20

    By 1 November of each year, storage capacity must be available in each regulated dam (or network of linked containment systems with a shared DSA volume), to meet the DSA volume for the dam (or network of linked containment systems).

    page 36Regulated structures
  129. J21

    The holder must, as soon as practicable but within forty-eight (48) hours of becoming aware that the regulated dam (or network of linked containment systems) will not have the available storage to meet the DSA volume on 1 November of any year, notify the administering authority.

    page 36Regulated structures, Monitoring and reporting
  130. J22

    The holder must, immediately on becoming aware that a regulated dam (or network of linked containment systems) will not have the available storage to meet the DSA volume on 1 November of any year, act to prevent the occurrence of any unauthorised discharge from the regulated dam or linked containment systems. Annual inspection report

    page 36Regulated structures, Monitoring and reporting
  131. J23

    Each regulated structure must be inspected each calendar year by a suitably qualified and experienced person.

    page 36Regulated structures
  132. J24

    At each annual inspection, the condition and adequacy of all components of the regulated structure must be assessed and a suitably qualified and experienced person must prepare an annual inspection report containing details of the assessment and include a recommendations section, with any recommended actions to ensure the integrity of the regulated structure or a positive statement that no recommendations are required.

    page 36Regulated structures, Monitoring and reporting
  133. J25

    The suitably qualified and experienced person who prepared the annual inspection report must certify the report in accordance with the Manual for assessing consequence categories and

    page 36Regulated structures, Monitoring and reporting
  134. J26

    The holder must within twenty (20) business days of receipt of the annual inspection report, provide to the administering authority: a) the recommendations section of the annual inspection report; and b) if applicable, any actions being taken in response to those recommendations; and c) if, following receipt of the recommendations and (if applicable) recommended actions, the administering authority requests a copy of the annual inspection report from the holder, provide this to the administering authority within ten (10) business days of receipt of the request. Transfer arrangements Permit Environmental authority EPML00744813 - Foxleigh Mine

    page 36Monitoring and reporting
  135. J27

    The holder must provide a copy of any reports, documentation and certifications prepared under this authority, including but not limited to any Register of Regulated Structures, consequence assessment, design plan and other supporting documentation, to a new holder on transfer of this authority. Register of regulated structures

    page 37Regulated structures, Monitoring and reporting
  136. J28

    A Register of Regulated Structures must be established and maintained by the holder for each regulated structure.

    page 37Regulated structures
  137. J29

    The holder must provisionally enter the required information in the Register of Regulated Structures when a design plan for a regulated dam is submitted to the administering authority.

    page 37Regulated structures
  138. J30

    The holder must make a final entry of the required information in the Register of Regulated Structures once compliance with condition J11 and J12 has been achieved.

    page 37Regulated structures
  139. J31

    The holder must ensure that the information contained in the Register of Regulated Structures is current and complete on any given day.

    page 37Regulated structures
  140. J32

    All entries in the Register of Regulated Structures must be approved by the chief executive officer for the holder of this authority, or their delegate, as being accurate and correct

    page 37Regulated structures
  141. J33

    The holder must, at the same time as providing the annual return, supply to the administering authority a copy of the records contained in the Register of Regulated Structures, in the electronic format required by the administering authority. Transitional arrangements

    page 37Regulated structures, Monitoring and reporting
  142. J34

    All existing structures that have not been assessed in accordance with either the Manual for the former Manual for Assessing Hazard Categories and Hydraulic Performance of Dams must be assessed and certified in accordance with the Manual for assessing consequence categories

    page 37Regulated structures
  143. J35

    All existing structures must subsequently comply with the timetable for any further assessments in accordance with the Manual specified in Table 16: Transitional hydraulic performance requirements for existing structures, depending on the consequence category for each existing structure assessed in the most recent previous certification for that structure.

    page 37Regulated structures
  144. J36

    Table 16: Transitional hydraulic performance requirements for existing structures ceases to apply for a structure once any of the following events has occurred: a) it has been brought into compliance with the hydraulic performance criteria applicable to the structure under the Manual; or b) it has been decommissioned; or c) it has been certified as no longer being assessed as a regulated structure..

    page 37Regulated structures
  145. J37

    Certification of the transitional assessment required by J34 and J35 (as applicable) must be provided to the administering authority within 6 months of amendment of the authority adopting this schedule, being 6 November 2016. Permit Environmental authority EPML00744813 - Foxleigh Mine Table 16: Transitional hydraulic performance requirements for existing structures Transitional period required for existing structures to achieve the requirements of the Manual for Assessing Consequence Categories and Hydraulic Performance of Dams Compliance with criteria High consequence Significant consequence Low consequence >90% and a history of good No transition required. No transition required. No transitional conditions compliance performance in apply. Review consequence last 5 years. assessment every 7 years. >70%-90% Within 7 years, unless Within 10 years, unless No transitional conditions otherwise agreed with the otherwise agreed with the apply. Review consequence administering authority, administering authority, assessment every 7 years. based on no history of based on no history of unauthorised releases. unauthorised releases. Within 5 years unless Within 7 years unless Review consequence otherwise agreed with the otherwise agreed with the assessment every 7 years. administering authority, administering authority, 50-70% based on no history of based on no history of unauthorised releases. unauthorised releases. 50% Within 5 years or as per Within 5 years or as per Review consequence compliance requirements compliance requirements assessment every 5 years. (e.g. TEP timing). (e.g. TEP timing). Regulated levee designed Within 5 years unless otherwise agreed with the administering authority. to prevent the ingress of clean flood water <100% Compliant.* *Note: Levees designed for the diversion of contaminated waters or protection of the structural integrity of a dam are not to be considered as part of this provision. These levees are considered a key design element of the relevant dam and transitional periods should as such align to that relevant compliance criteria and consequence category. Permit Environmental authority EPML00744813 - Foxleigh Mine Definitions Words and phrases used throughout this environmental authority are defined below. Where a definition for a term used in this environmental authority is sought and the term is not defined within this environmental authority, the definitions in the Environmental Protection Act 1994, its regulations, subordinate legislation and environmental protection policies must be used. `acid rock drainage' means any contaminated discharge emanating from a mining activity formed through a series of chemical and biological reactions, when geological strata is disturbed and exposed to oxygen and

    page 37Regulated structures