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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Penola Pulp Mill Authorisation
Bill 2007
A BILL FOR
An Act to authorise certain works for the purposes of development of a pulp
mill at Penola; to provide a mechanism for the authorisation of other works
associated with the pulp mill; and for other purposes.
Contents
1 Short
title
2 Commencement
3 Interpretation
4 Authorisation of certain
works
5 Application to Governor for other authorisations
6 Effect of
authorisation
7 Declarations in respect of road and railway works
8 Water
allocation
9 Forest Threshold Expansion
10 Governor may direct bodies for
the purposes of this Act
11 Judicial review not available
12 Immunity
provision
13 Expiry of Act or provisions of Act
14 Regulations
Schedule 1—Authorised works
Part 1—Specification of works
1 Specified
works
Part 2—Specification of conditions, reservations and
other requirements
2 Specified conditions, reservations and
requirements
3 General conditions, reservations and
requirements
4 Conditions relating to stormwater and surface
water
5 Conditions relating to groundwater
6 Conditions relating to air
quality
7 Conditions relating to noise
8 Conditions relating to solid
waste
9 Conditions relating to greenhouse gas emissions
Schedule 2—Forest Threshold Expansion
Part 1—Statement of Forest Threshold Expansion
Policy
1 Forest Threshold Expansion Policy
Part 2—Hundreds constituting the relevant part of the
State
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Penola Pulp Mill Authorisation
Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, unless the contrary intention appears—
Council means the Wattle Range Council;
project means the construction of a pulp mill on the project
site and the carrying out of associated works on and in the vicinity of the
project site;
project site means the following land:
(a) Sections 163 and 165, Hundred of Monbulla, being the whole of the land
described in Crown Lease Volume 327 Folio 52;
(b) Section 164, Hundred of Monbulla, being the whole of the land
described in Certificate of Title Volume 5360 Folio 837;
(c) Section 166, Hundred of Monbulla, being the whole of the land
described in Certificate of Title Volume 5812 Folio 26;
pulp mill means a chemithermomechanical pulp mill involving
any or all of the following infrastructure, equipment, structures and facilities
(as well as other infrastructure, equipment, structures and
facilities):
(a) woodchip stockpile;
(b) log yard;
(c) static chipper;
(d) pulp fibreline;
(e) pulp drying and bailing facilities;
(f) pulp storage and loading facilities;
(g) chemical storage farm and hydrogen peroxide manufacturing
plant;
(h) power combined cycle plant;
(i) substation and connection to the existing transmission grid;
(j) steam boiler;
(k) groundwater bores;
(l) water treatment plant, waste water treatment plant and sewage
treatment plant;
(m) administration and amenities building;
(n) maintenance workshops;
(o) internal roadways, car park and access to Argyle Road and Millers
Lane;
(p) rail siding connection to the Mt Gambier to Wolsley railway
line.
4—Authorisation
of certain works
The works specified in Schedule 1 Part 1 are authorised subject to the
conditions, reservations and other requirements specified in Schedule 1 Part
2.
5—Application
to Governor for other authorisations
(1) The following applications may be lodged with the Minister by or on
behalf of the person undertaking the project:
(a) applications for the authorisation of works for the purposes of the
project (being works other than those specified in Schedule 1 or works in
relation to which a decision is reserved under Schedule 1);
(b) applications to vary the description of any works specified in
Schedule 1, to vary or revoke conditions, reservations or other requirements
specified in Schedule 1 or to attach new conditions, reservations or
requirements to the authorisation in Schedule 1.
(2) An application under this section must—
(a) be in a form determined by the Minister for the purposes of this Act;
and
(b) include any information reasonably required by the Minister;
and
(c) be lodged in the manner and accompanied by such plans, drawings,
specifications or other documents as may be required by the Minister.
(3) On receipt of an application under this section, the Minister must
undertake consultation, in such manner as the Minister thinks fit, with the
Environment Protection Authority and the Council in relation to the
application.
(4) The Minister will then submit a report and recommendations to the
Governor on the matter.
(5) The Governor may, on receipt of a report under subsection (4),
determine to—
(a) grant the application subject to conditions, reservations and
requirements (if any) determined by the Governor; or
(b) refuse the application.
(6) The Governor may—
(a) when determining what conditions should be attached to an
authorisation under this section, attach conditions that must be complied with
in the future; and
(b) in relation to a matter that is relevant to an application under this
section—
(i) vary or revoke conditions, reservations or requirements specified in
Schedule 1 or conditions, reservations or requirements varied or imposed under
this section; or
(ii) attach new conditions, reservations or requirements.
(7) Notice of a determination of the Governor under this section must be
given to the applicant and published in the Gazette.
(8) The Minister may delegate a power or function under this section to a
particular person or body or to the person for the time being occupying a
particular office or position.
(9) A delegation by the Minister—
(a) may be made subject to conditions and limitations specified in the
notice of delegation; and
(b) is revocable at will and does not derogate from the power of the
delegator to act in a matter.
(10) A power or function delegated under subsection (8) may, if the
instrument of delegation so provides, be further delegated.
(11) The Governor may, by notice in the Gazette, delegate the power to
make a determination under this section to a particular person or body or to the
person for the time being occupying a particular office or position.
(12) A delegation by the Governor—
(a) may be made subject to conditions and limitations specified in the
notice of delegation; and
(b) unless the instrument of delegation otherwise provides, allows for
subdelegation of the delegated power or function; and
(c) is revocable by further notice in the Gazette and does not derogate
from the power of the Governor to act in the matter.
(13) Fees are payable in respect of an application under this section as
if it were an application under Part 4 Division 2 of the
Development Act 1993.
For the purpose of any other law of the State (but subject to this Act),
the authorisations granted in relation to works under sections 4 and 5 of
this Act have effect as if they were development authorisations under
Part 4 Division 2 of the Development Act 1993.
7—Declarations in
respect of road and railway works
(1) The Governor may, by instrument in writing made on the recommendation
of the Minister, declare specified road or railway works to be works that are
necessary for the purposes of the project.
(2) Before making a recommendation under subsection (1), the Minister
must undertake consultation, in such manner as the Minister thinks fit,
with—
(a) the Council; and
(b) if the works involve the clearance of native vegetation—the
Native Vegetation Council; and
(c) if the works are road works—the Surveyor-General.
(3) If the Governor declares specified road or railway works to be works
that are necessary for the purposes of the project, then despite any other Act
or law—
(a) the declaration will be taken to authorise the works, subject to any
conditions specified in the declaration; and
(b) no further consents or authorisations are required in respect of the
works.
(4) If the Governor declares specified road works to be works that are
necessary for the purposes of the project, the Governor may, by the same or a
later instrument in writing, make an order for a road process (within the
meaning of the Roads (Opening and Closing) Act 1991) in respect of
those works.
(5) An order under subsection (4)—
(a) may deal with any matter that may be dealt with in a road process
order under the Roads (Opening and Closing) Act 1991; and
(b) has effect as if it were a road process order made and confirmed under
that Act.
(6) Notice of an instrument under this section must be published in the
Gazette.
(7) In this section, a reference to road or railway works
includes—
(a) works relating to an existing or proposed road or railway line;
and
(b) infrastructure, equipment, structures, works and facilities incidental
to, or associated with, an existing or proposed road or railway line.
(1) Subject to this section, a licence granted under Chapter 7 of the
Natural Resources Management Act 2004 in respect of the pulp mill
constructed as a result of the project (the water licence) must
have endorsed on it a water allocation of 2 677 500 kilolitres
per annum.
(2) The Governor may, on the recommendation of the Minister, by notice in
the Gazette, vary the water allocation if satisfied that it is necessary or
desirable to do so.
(3) Before making a recommendation under this section the Minister must
undertake consultation, in such manner as the Minister thinks fit, with the
holder of the licence.
(4) The water allocation applying in respect of the water licence must not
be varied except in accordance with this section.
(5) For the avoidance of doubt—
(a) the water licence may not be subject to conditions of a kind that
could result in a variation of the water allocation applying in respect of the
licence; but
(b) nothing in this section affects the ability under the Natural
Resources Management Act 2004 to impose conditions of any other kind on
the water licence.
(1) Parliament approves the Forest Threshold Expansion
Policy set out in Schedule 2 Part 1.
(2) A person or body exercising powers under the Natural Resources
Management Act 2004 must not exercise those powers inconsistently with
the Forest Threshold Expansion Policy.
10—Governor may
direct bodies for the purposes of this Act
(1) In this section—
prescribed body means an agency or instrumentality of the
Crown brought within the ambit of this definition by the regulations.
(2) The Governor may, on the recommendation of the Minister, by notice in
writing, direct a prescribed body for any purpose connected with the
administration or operation of this Act, the operation of the pulp mill
constructed as a result of the project or the cultivation and supply of timber
or supply of other materials for use in the pulp mill.
(3) Before making a recommendation under this section, the Minister must
consult with the Minister responsible for the activities of the prescribed
body.
(4) A prescribed body must comply with a direction of the Governor under
this section (and may do so despite any other Act or law).
(5) Despite the provisions of any regulation made under this section, if a
licence issued under the Environment Protection Act 1993 applies to,
or has conditions relating to, a key facility of the pulp mill, the Environment
Protection Authority is not subject to direction under this section in relation
to any matter connected with the operation of that key facility after the
expiration of 6 months from the day of commencement of the licence.
(6) For the purposes of subsection (5), the items listed in
paragraphs (a) to (p) (inclusive) of the definition of pulp
mill in section 3 are the key facilities of the pulp
mill.
11—Judicial review
not available
Despite any Act or law, no proceeding for judicial review or for a
declaration, injunction, writ, order or other remedy may be brought to challenge
or question—
(a) a decision or determination of the Governor, the Minister or any other
person under this Act or otherwise required to be made by this Act; or
(b) procedures under this Act; or
(c) an act, omission, matter or thing incidental or relating to the
operation of this Act.
No act or omission undertaken or made by the Governor, the Minister or any
other person engaged in the administration of this Act with a view to exercising
or performing a power or function under this Act gives rise to any liability
(whether based on a statutory or common law duty to take care or otherwise)
against the Governor, Minister or other person or the Crown.
13—Expiry
of Act or provisions of Act
(1) The Minister may, by notice in the Gazette, certify—
(a) that specified works authorised under this Act have been completed;
or
(b) that the project has been completed.
(2) If, in accordance with this section—
(a) the Minister certifies that specified works authorised under this Act
have been completed, sections 4 and 5 cannot be used to authorise any
development (within the meaning of the Development Act 1993)
undertaken after the date of publication of the notice in relation to those
works; or
(b) the Minister certifies that the project has been completed,
sections 4 and 5 cannot be used to authorise any development (within the
meaning of the Development Act 1993) undertaken after the date of
publication of the notice in relation to the pulp mill constructed as a result
of the project.
(3) If, on the expiration of the prescribed period after the commencement
of this Act, the Minister has not published a notice under
subsection (1)(b)—
(a) this Act will expire; and
(b) the water licence referred to in section 8 will be taken to be
cancelled and the water allocation of the licence will vest in the Minister
responsible for the administration of the Natural Resources Management
Act 2004.
(4) In subsection (3)—
prescribed period means—
(a) if the Governor, by notice in the Gazette, prescribes a period for the
purposes of this definition—that period; or
(b) in any other case—3 years.
(1) The Governor may make such regulations as are contemplated by, or
necessary or expedient for the purposes of, this Act.
(2) The regulations may—
(a) be of general application or vary in their application according to
prescribed factors;
(b) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister.
Part 1—Specification of works
(1) The works described in the following documents and plans, tabled in
the House of Assembly on the day on which this measure was introduced into that
House, are specified for the purposes of section 4:
(a) Report for the Penola Pulp Mill Authorisation Bill by Penola
Pulp Pty Ltd., dated May 2007;
(b) Plans 100-0-1001 Rev B; 213-0-2101 Rev B; 221-0-2011 Rev B; 224-0-2101
Rev B; 250-0-2101; 281-0-1221 Rev B; 281-0-1222 Rev B; 311-0-2101 Rev A;
415-0-2101 Rev B; 415-0-2102 Rev B; 415-0-2103 Rev B; 415-0-2104 Rev B;
415-0-2120 Rev B; 441-0-2101 Rev B; 441-0-2121 Rev B; 511-0-2101 Rev B and
675-0-2101 Rev B.
(2) These works will be taken to be the development for the
purposes of Part 2 of this Schedule.
Part 2—Specification of conditions, reservations
and other requirements
2—Specified
conditions, reservations and requirements
The conditions, reservations and requirements set out in this Part are
specified for the purposes of the authorisation under section 4.
3—General
conditions, reservations and requirements
(1) Except where minor amendments may be required by other relevant Acts
or where matters are subject to further assessment as reserved matters or by
other conditions imposed by this Schedule, the development must be carried out
in strict accordance with the documents and plans referred to in Part 1 of this
Schedule.
(2) Before any building work is undertaken, the building work is to be
certified by a private certifier, or by a person determined by the Minister for
the purposes of this condition, as complying with the provisions of the Building
Rules to the extent that is appropriate in the circumstances.
(3) Detailed proposals must be submitted in relation to the following
reserved matters requiring further authorisation in accordance with
section 5 prior to operation of the pulp mill:
(a) design of buildings and structures including materials and colours,
site layout, car parking and access and landscaping;
(b) stormwater management and drainage.
(4) The following detailed plans must be developed to the satisfaction of
the South Australian Country Fire Service:
(a) a Construction Fire & Emergency Safety Plan (C.F.E.S.P.)
addressing Fire / Emergency Risk Control for the development including project
management staff, design consultants and trade contractors must be developed
prior to construction of the pulp mill;
(b) a Bushfire Protection and Prevention Plan (B.P.P.P.)—
(i) providing a description of the environment and development of a
statement on the district and the local bushfire problem; and
(ii) documenting specific objectives and formulating strategies to meet
the objectives of planning and coordination of fuel reduction and management
programs,
must be developed prior to construction of the pulp mill;
(c) a Fire Operations Management Plan (F.O.M.P.) providing a framework for
the management of incidents and resources within the Region or, where extreme
wildfire or other significant emergency occurs, activation of the Zone Disaster
Plan and/or the State Response Plan to aid in the coordination of major
incidents must be developed prior to operation of the pulp mill.
(5) All driveways and vehicle manoeuvring areas must conform to Australian
Standards and be constructed, drained and paved with bitumen, concrete or paving
bricks in accordance with sound engineering practice and appropriately line
marked to the reasonable satisfaction of the Minister prior to operation of the
pulp mill.
(6) All car parking areas, driveways and vehicle manoeuvring areas must be
maintained at all times to the reasonable satisfaction of the
Minister.
(7) All materials and goods must be loaded and unloaded within the
boundaries of the project site and the adjacent railway land owned by the
Minister for Transport.
(8) The rail loading facilities must be constructed to appropriate
engineering standards, including drainage, paving, rail tracks and other
ancillary facilities to the satisfaction of the Department for Transport, Energy
and Infrastructure (and any development on the adjacent rail lines forms part of
the development and is subject to the same general requirements contained within
this Schedule as the subject land).
(9) Landscaping to achieve screening of the development must be
established prior to the operation of the pulp mill and must be maintained and
nurtured at all times, with any diseased or dying plants being
replaced.
(10) A watering system must be installed and operated so that all plants
receive sufficient water to ensure their survival and growth.
(11) The development and the project site must be maintained in a
serviceable condition and operated in an orderly and tidy manner at all
times.
(12) All external lighting of the project site, including car parking
areas and buildings, must be designed and constructed to conform with Australian
Standards and must be located, directed and shielded and be of such limited
intensity that no nuisance or loss of amenity is caused to any person beyond the
site.
(13) All stormwater design and construction must be in accordance with
Australian Standards and recognised engineering best practices to ensure that
stormwater does not adversely affect any adjoining property or cause
environmental harm.
(14) The woodchip and log piles storage areas must be well drained, be on
level, solid ground or paved with asphalt, concrete or other hard surface
material.
(15) Operation of the pulp mill must not commence until the proponent
undertakes a Traffic Impact Statement and develops, to the reasonable
satisfaction of the Council and the Department for Transport, Energy and
Infrastructure, a Traffic Management Plan including the following
matters:
(a) the volume and type of vehicles (including Restricted Access Vehicles)
required for the construction stage of the development, including parking
provisions and access arrangements;
(b) the volume profile and distribution of workforce traffic, including
parking requirements and access arrangements;
(c) the volume profile and distribution of heavy vehicle traffic
(including Restricted Access Vehicles) associated with the operation of the pulp
mill.
(16) The person undertaking the project must, prior to operation of the
pulp mill, make a contribution to the Council, of an amount agreed between the
person undertaking the project and the Council, for the upgrade of Millers Lane
and Argyle Road.
4—Conditions
relating to stormwater and surface water
The pulp mill must be designed, constructed and operated so as to ensure
that at all times—
(a) no process water discharges to the receiving environment (including
wetlands and surface water drains); and
(b) there are no impacts upon the hydrology of surrounding watercourses or
wetlands; and
(c) there is a maximisation of stormwater reuse on the project site
to—
(i) minimise off site discharges of stormwater; and
(ii) reduce groundwater water extractions; and
(d) there are no discharges, with the exception of treated stormwater, to
surrounding waters; and
(e) spillages from the production processes are prevented, and that
contaminated stormwater and fire fighting water are prevented from entering the
stormwater system or the surrounding surface waters, whether during operations
or catastrophic events.
5—Conditions
relating to groundwater
The pulp mill must be designed, constructed and operated so as to ensure
that at all times no discharges are permitted from the project site to
groundwater.
6—Conditions
relating to air quality
The pulp mill must be designed, constructed and operated so as to ensure
that at all times—
(a) ground level concentrations of air pollutants from the plant do not
exceed those set out in Table 1 (below); and
(b) ground level concentrations of odours emitted from the plant do not
exceed the criteria set out in Table 2 (below), when modelled using Ausplume
with odour measurements in accordance with Australian Standard Stationary Source
Emissions – Determination of Odour Concentration by dynamic olfactometry,
AS4323.3:2001, Standards Australia.
Table 1
Substance |
Reason for classification |
Averaging time |
Design criteria mg/m31 |
Design criteria ppm2 |
|
---|---|---|---|---|---|
Class 1 |
|
|
|
|
|
Carbon monoxide |
Toxicity |
1-hour |
29 |
25 |
|
Nitrogen dioxide (in Adelaide metro area) |
Toxicity |
1-hour |
0.113 |
0.0625 |
|
Nitrogen dioxide (outside Adelaide metro area) |
Toxicity |
1-hour |
0.158 |
0.075 |
|
Sulfur dioxide |
Toxicity |
1-hour |
0.45 |
0.17 |
|
Class 2 (toxicity-based) |
|
|
|
|
|
Acetone |
Toxicity |
3-minute |
40 |
16.7 |
|
Acrylic acid |
Toxicity |
3-minute |
0.2 |
0.067 |
|
Ammonia |
Toxicity |
3-minute |
0.6 |
0.83 |
|
Aniline |
Toxicity |
3-minute |
0.25 |
0.067 |
|
Antimony and compounds |
Toxicity |
3-minute |
0.017 |
- |
|
Asphalt (petroleum) fumes |
Toxicity |
3-minute |
0.17 |
- |
|
Barium (soluble compound) |
Toxicity |
3-minute |
0.017 |
- |
|
Biphenyl |
Toxicity |
3-minute |
0.043 |
0.0067 |
|
Bromochloromethane |
Toxicity |
3-minute |
35 |
6.7 |
|
Bromoform (tribromomethane) |
Toxicity |
3-minute |
0.17 |
0.017 |
|
Bromotrifluoromethane |
Toxicity |
3-minute |
203 |
33 |
|
Carbon black |
Toxicity |
3-minute |
0.1 |
- |
|
Carbon tetrachloride (tetrachloromethane) |
Toxicity |
3-minute |
0.021 |
0.0033 |
|
Chlorine |
Toxicity |
3-minute |
0.1 |
0.033 |
|
Chlorine dioxide |
Toxicity |
3-minute |
0.0093 |
0.0033 |
|
Chloroform (trichloromethane) |
Toxicity |
3-minute |
1.6 |
0.33 |
|
Chloromethane (methyl chloride) |
Toxicity |
3-minute |
3.4 |
1.7 |
|
Chromium (III) compounds |
Toxicity |
3-minute |
0.017 |
- |
|
Copper fume |
Toxicity |
3-minute |
0.0067 |
- |
|
Copper dusts and mists |
Toxicity |
3-minute |
0.033 |
- |
|
Cotton dust (raw) |
Toxicity |
3-minute |
0.0067 |
- |
|
Crotonaldehyde |
Toxicity |
3-minute |
0.2 |
0.067 |
|
Cynanide (as CN) |
Toxicity |
3-minute |
0.17 |
- |
|
Cyclohexane |
Toxicity |
3-minute |
35 |
10 |
|
Cyclohexanol |
Toxicity |
3-minute |
6.9 |
1.7 |
|
o-Dichlorobenzene |
Toxicity |
3-minute |
10 |
1.7 |
|
1,2-Dichloroethylene |
Toxicity |
3-minute |
26.3 |
6.7 |
|
Dichlorvos |
Toxicity |
3-minute |
0.033 |
0.0033 |
|
Dinitrobenzene (all isomers) |
Toxicity |
3-minute |
0.033 |
0.005 |
|
Dinitrotoluene |
Toxicity |
3-minute |
0.05 |
- |
|
Ethanolamine |
Toxicity |
3-minute |
0.25 |
0.1 |
|
Ethylbenzene |
Toxicity |
3-minute |
14.5 |
3.3 |
|
Ethyl butyl ketone |
Toxicity |
3-minute |
7.7 |
1.7 |
|
Ethyl chloride (chloroethane) |
Toxicity |
3-minute |
86.6 |
33.3 |
|
Ethylene glycol (vapour) |
Toxicity |
3-minute |
2.0 |
- |
|
3Fluoride |
Bioaccumulation |
24-hour |
0.0029 |
0.0034 |
|
|
|
7 days |
0.0017 |
0.002 |
|
|
|
90 days |
0.0005 |
0.00059 |
|
Fluorine |
Toxicity |
3-minute |
0.053 |
0.033 |
|
Formaldehyde |
IARC Group 2A carcinogen |
3-minute |
0.04 |
0.033 |
|
n-Hexane |
Toxicity |
3-minute |
5.9 |
1.7 |
|
2-Hexanone |
Toxicity |
3-minute |
3.3 |
0.83 |
|
Hydrogen chloride |
Toxicity |
3-minute |
0.25 |
0.17 |
|
Iron oxide fume |
Toxicity |
3-minute |
0.17 |
- |
|
Magnesium oxide fume |
Toxicity |
3-minute |
0.33 |
- |
|
Maleic anhydride |
Toxicity |
3-minute |
0.033 |
0.0083 |
|
Manganese and compounds |
Toxicity |
3-minute |
0.033 |
- |
|
Mercury |
|
|
|
|
|
- organic |
Bioaccumulation |
3-minute |
0.00033 |
- |
|
- inorganic |
Bioaccumulation |
3-minute |
0.0033 |
- |
|
Methyl acrylate |
Toxicity |
3-minute |
1.2 |
0.33 |
|
Methyl bromide (bromomethane) |
Toxicity |
3-minute |
0.63 |
0.17 |
|
Methylene chloride (dichloromethane) |
Toxicity |
3-minute |
5.8 |
1.7 |
|
Nitric acid |
Toxicity |
3-minute |
0.17 |
0.067 |
|
n-Pentane |
Toxicity |
3-minute |
60 |
20 |
|
2-Pentanone |
Toxicity |
3-minute |
23.3 |
6.7 |
|
Phthalic anhydride |
Toxicity |
3-minute |
0.2 |
0.033 |
|
Propylene glycol monomethyl ether |
Toxicity |
3-minute |
12 |
3.3 |
|
Silver metal |
Toxicity |
3-minute |
0.0033 |
- |
|
Silver, soluble compounds (as Ag) |
Toxicity |
3-minute |
0.00033 |
- |
|
Sulfuric acid |
Toxicity |
3-minute |
0.033 |
- |
|
1,1,1-trichloroethane (methyl chloroform) |
Toxicity |
3-minute |
22.7 |
4.2 |
|
1,1,2-trichloroethane |
Toxicity |
3-minute |
1.8 |
0.33 |
|
Trichlorofluoromethane |
Toxicity |
3-minute |
187 |
33.3 |
|
Trimethylbenzene (mixed isomers) |
Toxicity |
3-minute |
4.0 |
0.83 |
|
Vinyl toluene |
Toxicity |
3-minute |
8.1 |
1.7 |
|
Welding fume (total particulate) |
Toxicity |
3-minute |
0.17 |
- |
|
Zinc chloride fume |
Toxicity |
3-minute |
0.033 |
- |
|
Zinc oxide fume |
Toxicity |
3-minute |
0.17 |
- |
Substance |
Reason for classification |
Averaging time |
Design criteria mg/m31 |
Design criteria ppm2 |
||
---|---|---|---|---|---|---|
Class 2 (odour-based) |
|
|
Odour |
Toxicity |
Odour |
Toxicity |
Acetaldehyde |
Odour |
3-minute |
0.076 |
5.9 |
0.042 |
3.2 |
Acetic acid |
Odour |
3-minute |
0.50 |
0.82 |
0.20 |
0.32 |
n-Butanol |
Odour |
3-minute |
0.9 |
5.1 |
0.3 |
1.7 |
n-Butyl acetate |
Odour |
3-minute |
1.85 |
23.8 |
0.39 |
5.0 |
Butyl acrylate |
Odour |
3-minute |
0.18 |
- |
0.035 |
|
Butyl mercaptan |
Odour |
3-minute |
0.012 |
0.06 |
0.004 |
0.017 |
Carbon disulphide |
Odour |
3-minute |
0.13 |
1.01 |
0.042 |
0.32 |
Chlorobenzene |
Odour |
3-minute |
0.20 |
1.5 |
0.042 |
0.32 |
Cumene (isopropyl benzene) |
Odour |
3-minute |
0.039 |
8.1 |
0.008 |
1.6 |
Cyclohexanone |
Odour |
3-minute |
0.48 |
3.2 |
0.12 |
0.82 |
Diacetone alcohol |
Odour |
3-minute |
1.3 |
- |
0.28 |
|
Diethylamine |
Odour |
3-minute |
0.06 |
0.97 |
0.02 |
0.32 |
Dimethylamine |
Odour |
3-minute |
0.017 |
0.59 |
0.0094 |
0.32 |
Diphenyl ether |
Odour |
3-minute |
0.14 |
- |
0.02 |
|
Ethanol |
Odour |
3-minute |
3.8 |
62.7 |
2.0 |
33.3 |
Ethyl acetate |
Odour |
3-minute |
22.1 |
23.6 |
6.3 |
6.6 |
Ethyl acrylate |
Odour |
3-minute |
0.0008 |
0.66 |
0.0002 |
0.16 |
Hydrogen sulfide |
Odour |
3-minute |
0.00014 |
0.47 |
0.0001 |
0.32 |
Methanol |
Odour |
3-minute |
5.5 |
8.7 |
4.3 |
6.7 |
Methylamine |
Odour |
3-minute |
0.005 |
0.43 |
0.0042 |
0.32 |
Methyl ethyl ketone |
Odour |
3-minute |
5.9 |
16 |
2.0 |
4.9 |
Methyl mercaptan |
Odour |
3-minute |
0.00084 |
0.032 |
0.00042 |
0.016 |
Methyl methacrylate |
Odour |
3-minute |
0.21 |
13.4 |
0.05 |
3.2 |
Methyl styrene |
Odour |
3-minute |
0.25 |
8.1 |
0.052 |
1.7 |
Methyl isobutyl ketone |
Odour |
3-minute |
0.41 |
6.7 |
0.1 |
1.6 |
Nitrobenzene |
Odour |
3-minute |
0.0047 |
0.16 |
0.00094 |
0.032 |
Perchloroethylene (tetrachloroethylene) |
Odour |
3-minute |
6.3 |
11.2 |
0.94 |
1.7 |
Phenol |
Odour |
3-minute |
0.036 |
0.13 |
0.0094 |
0.032 |
Phosphine |
Odour |
3-minute |
0.0056 |
0.014 |
0.0042 |
0.01 |
n-propanol |
Odour |
3-minute |
0.075 |
16.4 |
0.03 |
6.2 |
Pyridine |
Odour |
3-minute |
0.013 |
0.52 |
0.0042 |
0.16 |
Styrene (monomer) |
Odour |
3-minute |
0.21 |
6.97 |
0.05 |
1.64 |
Toluene |
Odour |
3-minute |
0.65 |
12.3 |
0.17 |
3.2 |
Triethylamine |
Odour |
3-minute |
0.36 |
0.39 |
0.09 |
0.1 |
Xylenes |
Odour |
3-minute |
0.35 |
11.4 |
0.08 |
2.7 |
Table 2
Number of people |
Odour units (3-minute average, 99.9%) |
---|---|
2000 or more |
2 |
350 or more |
4 |
60 or more |
6 |
12 or more |
8 |
Single residence (less than 12) |
10 |
7—Conditions
relating to noise
The pulp mill must be designed, constructed and operated so as to ensure
that the noise generated from the project site during construction, and once
constructed, does not exceed the following limits:
(a) 47dB(A) between the hours of 7am and 10pm when measured and adjusted
at the nearest sensitive receptor in accordance with the Environment
Protection (Industrial Noise) Policy 1994;
(b) 40dB(A) between the hours of 10pm and 7am on the following day when
measured and adjusted at the nearest sensitive receptor in accordance with the
Environment Protection (Industrial Noise) Policy 1994;
(c) 45dB(A) between the hours of 10pm and 7am on the following day when
measured and adjusted at the Katnook gas plant accommodation facility in
accordance with the Environment Protection (Industrial Noise)
Policy 1994;
(d) 60dB(A)Maximum (LmaxFast) between the hours of 10pm and 7am on the
following day when measured and adjusted at the nearest sensitive receptor in
accordance with the Environment Protection (Industrial Noise)
Policy 1994.
8—Conditions
relating to solid waste
(1) Solid waste must not be buried, stockpiled or composted at the project
site.
(2) All solid waste must be stored, transported and disposed of in a
manner that minimises the risk of environmental harm (including environmental
nuisance).
(3) The pulp mill must be designed, constructed and operated having regard
to, and implementing wherever possible in descending order of priority from (a)
through to (g), the following principles of waste management:
(a) avoidance of the production of waste;
(b) minimisation of the production of waste;
(c) reuse of waste;
(d) recycling of waste;
(e) recovery of energy and other resources from waste;
(f) treatment of waste to reduce potentially degrading impacts;
(g) disposal of waste in an environmentally sound manner.
9—Conditions
relating to greenhouse gas emissions
(1) A report prepared by an expert in the application of technology to
minimise industrial greenhouse gas emissions must be provided to the
Minister.
(2) The report must detail all measures applied in the design and
implementation of the development to minimise greenhouse gas emissions and, as a
minimum, must address the following matters:
(a) greenhouse gas emissions and inventory prepared using—
(i) emissions factors and methods consistent with those published, at that
time, by the Australian Greenhouse Office;
(ii) Greenhouse Gas Accounting methods consistent with the Greenhouse
Gas Protocol (GHG Protocol) issued by the World Resources
Institute/World Business Council for Sustainable Development
(WRI/WBCSD);
(iii) Scope 1, 2 and 3 emissions categories as described in the GHG
Protocol with Scope 3 emissions that include, as a minimum, the emissions
associated with—
(A) transport of wood to the pulp mill;
(B) transport of pulp from site (to the point of next-use if within
Australia, to point of export if used internationally);
(C) if deemed to be material, delivery of bulk consumables to site and the
removal of waste products from site;
(b) measures to minimise greenhouse gas emissions;
(c) carbon sequestration options;
(d) minimising emissions over the life of the pulp mill;
(e) benefits on a global or national scale.
Schedule
2—Forest Threshold Expansion
Part 1—Statement of Forest Threshold Expansion
Policy
1—Forest Threshold
Expansion Policy
(1) Within the relevant part of the State, the Forest Threshold expansion
area is not less than 59 416 hectares (measured from
1 September 2002).
(2) In this clause—
Forest Threshold expansion area means the total area of land
that may potentially be used for commercial forestry activities without being
subject to a requirement that a right to water be acquired to offset the impacts
of the activities;
relevant part of the State means the land within the Hundreds
specified in Part 2 of this Schedule.
Part 2—Hundreds constituting the relevant part of
the State
Benara
Blanche
Bowaka
Bray
Caroline
Coles
Comaum
Conmurra
Fox
Gambier
Grey
Hindmarsh
Jessie
Joanna
Joyce
Kennion
Killanoola
Kongorong
Lake George
Macdonnell
Mayurra
Mingbool
Monbulla
Mount Benson
Mount Muirhead
Nangwarry
Naracoorte
Penola
Riddoch
Rivoli Bay
Robertson
Ross
Short
Smith
Spence
Symon
Townsend
Waterhouse
Young