Statement of Reasons


Aarli Mayi Aquaculture Project
Summary: Aarli Mayi Aquaculture Project Pty Ltd referred a proposal to the EPA, requesting it be considered a derived proposal previously identified in the Kimberley Aquaculture Development Zone. The EPA has considered this request and whether it satisfies the five tests specified in the Environmental Protection Act 1986. For the reasons outlined in this Statement of Reasons, the EPA has determined to declare the referred proposal to be a derived proposal.
Status: Final
Release Date: 21 September 2016
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Cone Bay Phase III Cone Bay Marine Finfish Farming
Summary: MPA Fish Farms Pty Ltd referred a proposal to the EPA, requesting it be considered a derived proposal previously identified in the Kimberley Aquaculture Development Zone. The EPA has considered this request and whether it satisfies the five tests specified in the Environmental Protection Act 1986. For the reasons outlined in this Statement of Reasons, the EPA has determined to declare the referred proposal to be a derived proposal.
Status: Final
Proponent: MPA Fish Farms Pty Ltd
Release Date: 29 August 2016
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Rockingham Industrial Zone Final Superlot Subdivision
Summary:

In 2004, the proponent referred the Rockingham Industrial Zone to the Environmental Protection Authority (EPA) under section 38 of the Environmental Protection Act 1986 (EP Act). The proposal included a development area and a conservation area. Future subdivision of the development area was identified in the proposal.

The EPA assessed the proposal as a strategic proposal at the level of Public Environmental Review and published its report in April 2011 (Report 1390). The EPA recommended a larger conservation area and a smaller development area, which was supported by the proponent. Future subdivision of the revised development area was identified in the EPA report.

In May 2011, the then Minister for Environment, after consulting relevant decision making authorities, published Ministerial Statement 863. The Statement said that the future derived proposals identified in EPA Report 1390, that is subdivision of the development area, may be implemented subject to the conditions set out in the Statement.

Since the original publication of Ministerial Statement 863 three minor changes have been made under section 45C and two derived proposals have been approved.

In April 2016, the proponent referred a proposal to subdivide the remainder of Rockingham Industrial Zone to the EPA under section 38 of the EP Act. The proponent requested that the proposed subdivision be declared a derived proposal. The subdivision plan is attached to the EPA’s section 39B notice accompanying this Statement of Reasons.


Status: Final
Proponent: Western Australian Land Authority (LandCorp)
Release Date: 11 July 2016
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Statement of Reasons - Whitby Wastewater Pressure Main
Summary: The EPA has considered whether to declare the referred proposal to be a derived proposal previously identified in the Southern Source Integration Assets Pipeline Corridor strategic assessment. For the reasons expressed in this Statement of Reasons, the EPA has determined to declare the referred proposal to be a derived proposal.
Status: Final
Release Date: 16 February 2015
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Phase II Cone Bay Marine Finfish Farming
Summary: The EPA has considered whether to declare the referred proposal to be a derived proposal previously identified in the KADZ strategic assessment. For the reasons expressed in this Statement of Reasons, the EPA has determined to declare the referred proposal to be a derived proposal.
Status: Final
Release Date: 23 June 2014
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Statement of Reasons - Town of Port Hedland Town Planning Scheme 5 Amendment 56
Summary:

Scheme Amendment 56 seeks to insert a ‘Marina Development’ Zone into the Town of Port Hedland Town Planning Scheme 5 provisions. Broadly, the ‘Marina Development’ Zone would provide for public marina uses as well as tourist, commercial and residential development. Aged person homes, child care services and education establishments (other than non-residential tertiary education establishments) would not be allowed.

Scheme Amendment 56 also seeks to rezone land on the spoil bank generally north of Sutherland Street from its current reservation as ‘Parks and Recreation’ to ‘Marina Development’ Zone. The site forms part of the Spoil Bank Development Area, and is approximately 60 hectares in area. The site is in that part of Port Hedland that is exposed to higher than normal levels of dust including PM10 sized fine particulates.

The site is also adjacent to the ‘West End Residential’ Zone established by Scheme Amendment 22. Scheme Amendment 56 proposes to apply the same development controls and design guidelines that are applied in the ‘West End Residential’ Zone to the ‘Marina Development’ Zone. The development controls and design guidelines include maximum plot ratios, maximum number of bedrooms, directions on the location of doors and windows and notifications on titles. The objective is to reduce the potential exposure of vulnerable groups to dust including PM10 sized fine particles. Unlike the ‘West End Residential’ Zone, there would be no maximum prescribed residential density for the ‘Marina Development’ Zone.

In the absence of the completed formal health risk assessment (HRA) recommended by the Port Hedland Air Quality and Noise Management Plan (2010), the EPA has determined that Scheme Amendment 56 is by its nature incapable of being made environmentally acceptable.

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Status: Final
Release Date: 19 February 2014
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Town of Port Hedland Town Planning Scheme 5 Amendment 59
Summary: Scheme Amendment 59 concerns lots 362, 460, 461, 465-468, 470, 471, 523, 555, 581, 834, 1438, 1440, 1441, 1791 and 1792 Anderson Street, Lot 50 Darlot Street, Lot 2 Hardie Street, Lots 562, 1436, 1437 and 1442 Stocker Street and Lots 8 and 9 McKay Street. These lots are in close proximity to existing port operations, including iron ore stockpiling and ship loading, and are currently zoned "Industry". In effect, they form a buffer between the port and iron ore stockpile operations and the existing "Mixed Business" and "West End Residential" zones to the north of Anderson Street. Dust levels in this area are high, particularly west of McKay Street. Scheme Amendment 59 seeks to rezone these lots to "Mixed Business" to provide for a broader range of land uses on land in close proximity to the Port Hedland Town Centre.

On the basis of the information before it, and with reference to the Management Plan and agency advice, the EPA considers that a precautionary approach should be taken with respect to rezoning industrial land in the west end to land uses that would potentially increase the short or long term residential footprint in the area. The EPA considers, therefore, that the health risk assessment (HRA) should be completed prior to progression of Scheme Amendment 59. The Town of Port Hedland in consultation with the Port Hedland Dust Taskforce could revisit the scheme amendment once the HRA has reported and, if appropriate, refer it or a revised version of it for consideration under section 48A(1) of the EP Act.

In the absence of the completed HRA, the EPA has determined that Scheme Amendment 59 is by its nature incapable of being made environmentally acceptable.

Download the complete Statement of Reasons below.


Status: Final
Proponent: Town of Port Hedland
Release Date: 12 August 2013
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Access Road to Nelson Location 7965 Doggerup Road, Sandy Peak, Shire of Manjimup
Summary: The proponent proposes to clear remnant vegetation and construct a 6.5 kilometres km class three road compacted gravel track from Windy Harbour Road to Nelson Location 7965, within a gazetted road reserve, through D'Entrecasteaux National Park.
Status: Final
Release Date: 14 December 2009
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Clearing Armstrong Reserve for Urban and Commercial Development Proposed Adult Day Care, Aged Care and Retirement village
Summary: A level of assessment of Proposal Unlikely to be Environmentally Acceptable has been set on the above proposal. A statement of reasons for this decision is provided for your comments of for appeal to the Minister for Environment; Science.
Status: Final
Proponent: Ray Village Aged Services Inc. (Capecare)
Release Date: 22 December 2008
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Granite extraction - Lot 2036 Bird Road, Torbay, City of Albany
Summary: Reasons for Level of Assessment of 'Proposal Unlikely to be Environmentally Acceptable' (PUEA)
1. The proponent has not demonstrated that the proposal can comply with the air blast levels at the adjoining premises required by the Noise Regulations. 2. The proponent has not demonstrated that the proposal can comply with the assigned noise levels at the adjoining premises required by the Noise Regulations.
3. The proposal does not demonstrate compliance with the EPA's objective of Guidance Statement 3 to ensure adequate separation between industrial and sensitive land uses to avoid or minimise the potential for land use conflict.
Status: Final
Proponent: A D Contractors Pty Ltd
Release Date: 1 December 2008
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Granite extraction - Lot 2036 Bird Road, Torbay, City of Albany
Summary: Reasons for Level of Assessment of 'Proposal Unlikely to be Environmentally Acceptable' PUEA
1. The proponent has not demonstrated that the proposal can comply with the air blast levels at the adjoining premises required by the Noise Regulations. 2. The proponent has not demonstrated that the proposal can comply with the assigned noise levels at the adjoining premises required by the Noise Regulations.
3. The proposal does not demonstrate compliance with the EPA's objective of Guidance Statement 3 to ensure adequate separation between industrial and sensitive land uses to avoid or minimise the potential for land use conflict.
Status: Final
Proponent: A D Contractors Pty Ltd
Release Date: 1 December 2008
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Proposed Sports Facility - Athletics and Cycle Track
Summary: The City of Bunbury proposes to develop a sports facility adjacent to the existing South West Sports Centre within Hay Park in Bunbury.
Status: Final
Release Date: 5 February 2007
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Clearing of approximately 60 hectares of remnant vegetation for grazing and pasture, Lot 2 of Location 4344 4223 Porch Road, Denmark
Summary: The proponent and landowner Richard Palmer, proposes to clear approximately 60 hectares ha of native vegetation on his property to provide land for grazing and pasture.
Status: Final
Proponent: Richard Palmer
Release Date: 8 May 2006
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Clearing of approximately 779 hectares ha of native vegetation Roe Location 2598 2599
Summary: The proponent, Mr Burns, proposes to clear approximately 779 hectares ha of native vegetation at Roe Location 2598 2599, Mallee Hill Road, Shire of Lake Grace.
Status: Final
Proponent: Mr Brian Burns
Release Date: 13 February 2006
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Clearing of approximately 1000 hectares ha of native vegetation Kent Location 1664, corner Lake Magenta and Reserve Road
Summary: The proponent, Mr Burns, proposes to clear approximately 1000 hectares ha of native vegetation Kent Location 1664, corner Lake Magenta and Reserve Road in the Shire of Jerramungup.
Status: Final
Proponent: Mr Brian Burns
Release Date: 13 February 2006
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Statement of Reasons-Expansion of Midland Brick Block Plant
Summary: A level of assessment of Proposal Unlikely to be Environmentally Acceptable has been set on the above proposal. A statement of reasons for this decision is provided for your comments of for appeal to the Minister for Environment; Science.
Status: Final
Proponent: Midland Brick Pty Ltd
Release Date: 27 December 2005
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Jurien Gypsum Mine Phase 2 Ml70/1161
Summary: The Jurien gypsum deposit is located within a saline wetland in the Shire of Dandaragan, approximately 10 km north of Jurien Figure 1. The deposit lies wholly within the C Class Reserve 24496 Beekeepers Nature Reserve which was created for protection of flora and is vested with the Conservation Commission of Western Australia CCWA and managed by the Department of Conservation and Land Management CALM.
Status: Final
Proponent: CSR Gyprock Fibre Cement
Release Date: 19 September 2005
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Statement of Reasons. Subdivision of 6.06 hectare ha site for the purpose of three large single residential lots. Lot 1613 Barrett Street, South River
Summary: A level of assessment of Proposal Unlikely to be Environmentally Acceptable has been set on the above proposal. A statement of reasons for this decision is provided for your comments of for appeal to the Minister for Environment; Science.
Status: Final
Proponent: Landowner, D & R Winter.
Release Date: 25 April 2005
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Statement of Reasons Construction of a single residence. Lot 1613 Barrett Street, South River.
Summary: A level of assessment of Proposal Unlikely to be Environmentally Acceptable has been set on the above proposal. A statement of reasons for this decision is provided for your comments of for appeal to the Minister for Environment; Science.
Status: Final
Proponent: Landowner, D & R Winter
Release Date: 25 April 2005
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