Environmental Management Strategynevertiresolarfarm.com.au/wp-content/uploads/2019/... · Implementing this will ensure that the project team meets EMS Project the ... (ISO14001)

Environmental Management Strategy NEVERTIRE SOLAR FARM

AUGUST 2018

Nevertire Solar Farm Environmental Management Strategy i

Document Verification

Project Title: Nevertire Solar Farm

Project Contractor: Biosar Australia Project Number: 17-115 Revision Date Prepared by (name) Reviewed by (name) Approved by (name)

Draft 02 20/07/2017 Lisa Hamilton Jenny Walsh Jenny Walsh Final 01 26/09/2017 Lisa Hamilton Jenny Walsh Jenny Walsh Final 02 08/11/2017 Lisa Hamilton M Sutherland E Budde Final 03 27/11/2017 Lisa Hamilton M Sutherland E Budde Final 04 1/12/17 Lisa Hamilton M Sutherland E Budde Final 05 23/07/2018 Nicola Smith M Sutherland E Budde Final 06 10/08/2018 Nicola Smith M Sutherland E Budde

Plan Control

The latest version of this plan will be available on the electronic document management system for the Project for relevant Project personnel. The plan would also be available on the Project Website. Distribution of the plan will be to those detailed in the distribution listing below. This distribution will be electronic.

Copy Number Issued To Date Name 1 Department of Planning and Environment 2 Biosar Australia Infrastructure Project Manager 3 Elliott Green Power Project Manager 4 Site HSEQ 5 Essential Energy Project Manager

NGH Environmental prints all documents on environmentally sustainable paper including paper made from bagasse (a by-product of sugar production) or recycled paper.

NGH Environmental is a registered trading name of NGH Environmental Pty Ltd; ACN: 124 444 622. ABN: 31 124 444 622

Environmental Management Strategy Nevertire Solar Farm

Nevertire Solar Farm Environmental Management Strategy i

Contents 1 INTRODUCTION ........................................................................................................................ 1

1.1 PURPOSE AND OBJECTIVES ..................................................................................................................1

1.2 ENVIRONMENTAL MANAGEMENT STRATEGIC FRAMEWORK .............................................................2

1.3 ENVIRONMENTAL POLICY ....................................................................................................................3

1.4 CONTINUAL IMPROVEMENT ................................................................................................................3

2 PLANNING ............................................................................................................................... 4

2.1 LEGISLATIVE AND OTHER ENVIRONMENTAL MANAGEMENT REQUIREMENTS ...................................4

2.2 ENVIRONMENTAL OBJECTIVES AND TARGETS .....................................................................................4

2.3 CONDITIONS OF APPROVAL .................................................................................................................5

3 RISK MANAGEMENT ................................................................................................................. 7

3.1 IDENTIFICATION OF ENVIRONMENTAL HAZARDS AND RISKS ..............................................................7

4 IMPLEMENTATION AND OPERATION ......................................................................................... 8

4.1 STRUCTURE AND RESPONSIBILITY .......................................................................................................8

4.2 ENVIRONMENTAL PLANS .................................................................................................................. 10

4.3 TRAINING, AWARENESS AND COMPETENCE .................................................................................... 11

4.4 COMMUNICATION ............................................................................................................................ 14

4.5 ENVIRONMENTAL INSPECTIONS AND IMPACT VERIFICATION .......................................................... 17

4.6 DOCUMENTATION AND DOCUMENT CONTROL ............................................................................... 17

4.7 EMERGENCY PREPARDNESS AND RESPONSE (INCIDENT REPORTING) ............................................. 18

5 MEASUREMENT AND EVALUATION ......................................................................................... 20

5.1 SYSTEM AND MONITORING AND MAINTENANCE ............................................................................ 20

5.2 ENVIRONMENTAL MONITORING AND REPORTING .......................................................................... 21

5.3 NON-COMPLIANCE AND CORRECTIVE AND PREVENTATIVE ACTION ............................................... 24

6 MANAGEMENT REVIEW.......................................................................................................... 25


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Tables

Table 2-1 Environmental objectives and targets ............................................................................................ 4

Table 2-2 Condition 1 of Schedule 4 of the CoAs, and where it is addressed in the EMS. ............................. 5

Table 4-1 Construction sub-plans and approval requirements .................................................................... 10

Table 4-2 Example Environmental Training Schedule .................................................................................. 13

Table 5-1 Audit summary table .................................................................................................................... 21

Table 5-2 Monitoring and reporting as required under the CoA and SoC in relation to the project. ......... 22


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ACRONYMS AND ABBREVIATIONS

CoA Conditions of Approval

CEMP Construction Environmental Management Plan

DP&E (NSW) Department of Planning and Environment

EEC Endangered ecological community

EMS Environmental Management Strategy

EIS Environmental Impact Statement

EPA Environment Protection Authority (Previously DECCW and/or OEH)

EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cwth)

ERSED Erosion and Sediment

EWMS Environmental Work Methods Statement

ESCP Erosion and Sediment Control

FM Act Fisheries Management Act 1994 (NSW)

HMP Heritage Management Plan

HSEQ Health Safety and Environment and Quality

NSW New South Wales

MP Management Plan

SWQMP Soil and Water Management Plan

SoC Statement of Commitment

The Principal Elliott Green Power Pty Ltd project representatives

The Project Nevertire Solar Farm

TMP Traffic Management Plan


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1 INTRODUCTION

1.1 PURPOSE AND OBJECTIVES

Nevertire Solar Pty Ltd (the proponent) received planning approval (on 5 July 2017) for the construction and operation of a solar farm, located 1km west of Nevertire within the Warren Local Government Area (LGA). The Project received planning approval to a subsequent modification (Mod 1) on the 13 October 2017 enlarging the footprint. The Project received approval to a modification (Mod 2) on the 7 May 2018 relocating and creating a subdivision for the Essential Energy substation. The Nevertire Solar Farm (‘the Project’) is a State Significant Development and represents an important contribution to renewable energy generation in New South Wales.

This Environmental Management Strategy (EMS) has been prepared to comply with the Conditions of Approval (CoA) from the New South Wales Minister for Planning and all applicable legislation, during the construction of the Project.

The EMS has been prepared using the Guideline for the Preparation of Environmental Management Plans (DIRNP, 2004) and AS/NZS ISO 14001 as a guide in its preparation. This EMS has been prepared only for the construction component of the project, and will be updated to incorporate the operational aspects of the solar farm following construction.

The purpose of this EMS is to provide a framework for the management of environmental issues during construction of the Project. Implementing this EMS will ensure that the project team meets the Project CoA, regulatory and policy requirements in a systematic manner and continually improves its performance. The EMS ensures requirements of the EIS are met.

In particular, this EMS:

• Provides the strategic framework for environmental management of the project. • Provides general mechanisms for compliance with applicable policies, approvals, licences,

permits, consultation agreements and legislation. • Describes the environmental management related roles and responsibilities of all key

personnel involved. • States objectives and targets for issues that are important to the environmental

performance of the Project. • Outlines a monitoring regime to check the adequacy of controls as they are implemented

during construction.

This EMS is the overarching document in the environmental management system for the Project that includes a number of management documents. These are described in Section 4.2. The EMS is applicable to all staff and sub-contractors associated with the construction of the Project.

The Scope of Works under the contract includes all works necessary to design, construct, test, commission, decommission, energise and train staff in the operation of a 150MW solar farm including, inverter stations and onsite substation.


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The Scope of Works consists of but is not limited to:

• Design, supply of materials, construction, testing and commissioning of a new 22-33/132kV on site substation.

• Design, supply of materials, construction, testing and commissioning of approximately 364,000 solar panels and associated cabling.

• Design, Supply of materials, construction, testing and commissioning of up to 55 inverter stations, of up to 4.92MW capacity and a 400V/22-33kV transformer.

• Design, supply of materials, construction and commissioning of 3m high Perimeter security fencing and site access tracks.

• Design, supply of materials, construction, testing and commissioning of permanent staff amenities, site office and car park.

• Design, supply of materials and construction of an intersection and entrance to the Nevertire Solar Farm. This consists of a channelised right turn lane and an auxiliary left turn lane treatment. Provision of size B gateway and turning signs 300 m either side of the intersection.

1.2 ENVIRONMENTAL MANAGEMENT STRATEGIC FRAMEWORK

Below is a flow chart outlining the overall strategic framework for environmental management in delivering Biosar Australia’s scope for construction of the of works for the Nevertire Solar Farm.

Biosar Australia Environmental Policy

Biosar Management System

Environmental Management System

(ISO14001)

Environmental Management Strategy (this

document)

Construction Environmental Management Plan (CEMP)

and Sub-plans

EWMS, ESCPs, Checklists, Procedures and records


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1.3 ENVIRONMENTAL POLICY

The environmental policy describes Biosar Australia’s commitment to continual improvement of its environmental performance and ability to achieve compliance with applicable legal requirements.

The environmental policy is displayed at the site office and communicated to employees and other interested parties via inductions and ongoing awareness programs.

A copy of the environmental policy is provided in Appendix A.

1.4 CONTINUAL IMPROVEMENT

Management reviews are undertaken as part of the continual improvement process. The review process is detailed in the Construction Environmental Management Plan (CEMP).

Communication is also key for continual improvement as discussed in Section 4.4. with environmental management documents also going through the continual improvement process.


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2 PLANNING

2.1 LEGISLATIVE AND OTHER ENVIRONMENTAL MANAGEMENT REQUIREMENTS

A register of legal and other requirements for the Project is contained in Appendix B. This register is maintained as a checklist. This register will be reviewed at regular intervals e.g. during management reviews, and updated with any applicable changes. Any changes made to the legal requirements register will be communicated to the wider team where necessary through toolbox talks, specific training and other methods detailed in Section 4.3.

2.2 ENVIRONMENTAL OBJECTIVES AND TARGETS

As a means of assessing environmental performance during construction of the Project, environmental objectives and targets have been established. These objectives and targets have been developed with consideration of key issues identified through the environmental assessment and risk assessment process. The objectives and targets are consistent with Biosar Australia’s Environmental Policy and will assist in monitoring whether the commitments of the policy are being met.

The targets are incorporated into relevant environmental management sub-plans.

The performance of the Project against the objectives and targets will be documented in the Project construction compliance reports and at least on a monthly basis as part of the management review.

Environmental objectives and targets for the Project are provided in Table 2-1 below.

Table 2-1 Environmental objectives and targets

Objective Target Measurement Tool

Construction of the Project in accordance with environmental approvals and relevant licences.

• Compliance with statutory approvals • Audits, construction compliance reporting, management review

Construction of the Project in accordance with approved environmental management plans

• Compliance with EMS, CEMP and associated Sub-plans

• Compliance with relevant environmental procedures

• Audits, construction compliance reporting, management review

Compliance with all legal requirements

• No regulatory infringements (PINs or prosecutions)

• No formal regulatory warning

• Audits, construction compliance reporting, management review

Implement rigorous and comprehensive EMS that meets the requirements of AS/NZS ISO 14001

• Address non-conformances and corrective actions within specific timeframes

• Audits, management review

Engage with the effected and broader community, minimise complaints and respond to any complaints

• Disseminate regular Project updates and other information through the Project website and other tools identified by the Community Consultation Plan (CCP).

• Record and respond to complaints within

• Review complaints register, construction compliance report, audits


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Objective Target Measurement Tool within a suitable timeframe

the timeframe specified in the CCP

Continuously improve environmental performance

• Develop and maintain a program of ongoing environmental training

• Capture lessons learnt from environmental incidents to minimise repeat issues

• Encourage and reward innovation and effort throughout the works force.

• Construction compliance report, management review, audits

2.3 CONDITIONS OF APPROVAL

Preparation of an EMS, prior to the commencement of construction is a requirement of Schedule 4, condition 1 of the CoA. Prior to the commencement of construction, the applicant must prepare an Environmental Management Strategy for the development to the satisfaction of the Secretary. This strategy meets this requirement.

DPE issued approval for the project on the 5th July 2017. A modification (Mod 1) to the development consent was approved on the 13th October 2017. Each of the requirements of this condition, and where they are addressed are detailed in Table 2-2 below. A modification (Mod 2) to the development consent was approved on the 7th May 2018 to include the subdivision of land for the relocation of the substation. Mod 2 updated the general layout of the development. This has been amended in the relevant sub-plans.

Table 2-2 Condition 1 of Schedule 4 of the CoAs, and where it is addressed in the EMS.

Condition Relevant Section of EMS

(a) provide the strategic framework for environmental management of the development

Section 1.2, Environmental Management Strategic Framework

(b) Identify the statutory approvals that apply to the development

Appendix A, Environmental Legislation

(c) describe the role, responsibility, authority and accountability of all key personnel involved in the environmental management of the development

Section 4.1, Structure and Responsibility

(d) describe the procedures that would be implemented to:

• keep the local community and relevant agencies informed about the operation and environmental performance of the development;

• receive, handle, respond to, and record complaints;

• resolve any disputes that may arise; • respond to any non-compliance; • respond to emergencies;

Section 4.4 Internal and external communication. Section 4.4.3 Stakeholder and community consultation Nevertire Solar Pty Ltd will liaise directly with Biosar Australia in relation to resolution of issues Non-compliance issues – Section 5.1 System monitoring and maintenance Emergency response - Sections 4.7 and 5.3

(e) include • copies of any plans approved under the conditions

of this consent; and • a clear plan depicting all the monitoring to be

carried out in relation to the project

The EMS is the overarching document that includes framework for the management of environmental issues during construction. Environmental plans prepared as part of this strategy are detailed in section 4.2. A plan depicting all the monitoring to be carried


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Condition Relevant Section of EMS

out in relation to the project, and a table summarising all the monitoring and reporting obligations is included in 5.2


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3 RISK MANAGEMENT

3.1 IDENTIFICATION OF ENVIRONMENTAL HAZARDS AND RISKS

A risk management approach will be used to determine the severity and likelihood of an activity’s impact on the environment and to prioritise its significance. This process considers potential regulatory and legal risks also taking into consideration the concerns of community and other stakeholders.

The objectives of risk assessment are to:

• Identify activities, events or outcomes that have the potential to adversely affect the local environment and/or human health/property.

• Qualitatively evaluate and categorise each risk item. • Assess whether risk issues can be managed by environmental protection measures • Qualitatively evaluate residual risk with implementation of measures

Risk assessments for the Project are based on AS/NZS 4360:1999, the Australian standard for risk assessments.

The following actions will be undertaken to meet the objectives of the risk assessments associated with the project:

• Hold a construction risk assessment workshop prior to construction. • Review outcomes of risk assessments for workshop quarterly. • Review outcomes of risk assessment for major work stages of construction. • Hold an operational risk assessment workshop prior to operation.

Specific Hazards and risks have been identified in the section 4 the CEMP, and in sub-plans and the Environmental Work Method Statement’s (EWMS’s).


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4 IMPLEMENTATION AND OPERATION

4.1 STRUCTURE AND RESPONSIBILITY

Roles and responsibilities of Biosar Australia project construction team are identified and described in the table below.

Biosar Australia shall ensure specific responsibilities are communicated to all personnel via appropriate environmental management training (part of the initial safety and environment induction).

A.1.1 Environmental Management Team

Role Responsibility Authority

Project Manager

• Ensure resources are made available to enable works to comply with EMS and CEMP and other environmental management requirements.

• Ensure that all procedures are followed adequately.

• Ensure appropriate licences are held by waste contractors where necessary.

• Responsible for ensuring that all staff or contractors under their control are aware of environmental compliance issues and environmental controls listed in this CEMP.

• Oversee project implementation • Ensure all appropriate approvals have been

obtained • Responsible for reporting pollution incidents.

• Order Stop-work for an activity that may cause material or environmental harm.

• Release of environmental hold points, if required.

Health Safety and Environment and Quality Manager (HSEQ)

The HSEQ Manager is responsible for:

• Maintaining a register of all environmental management documents for the Contract;

• Identifying where environmental measures are not meeting the targets and where improvements can be achieved;

• Project reporting for compliance with the CoAs describing the Project’s environmental performance;

• Implementation and compliance with environmental permits and approvals – e.g. Fisheries Permit and S57 Approval;

• Reviewing Project environmental documents such as management plans and EWMS; and

• Monitoring compliance of works being carried out under the contract.

• Responsible for reporting of pollution incidents.

• Order Stop-work for an activity that may cause material or environmental harm.

• Release of environmental hold points, if required.

Site Manager

• Responsible for the induction of staff and contractors, if required under the environmental approval.

• Responsible for all aspects of the worksite including the coordination and management of all staff and contractors.

• Ensure all works are carried out in accordance with the requirements set-out in this CEMP.

• Order Stop-work if any items in the CEMP are in danger of breach.

• Approve and accept waste disposal methods requested by staff or contractors.


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• Undertake daily site inspection during construction activities to ensure compliance with CEMS and CEMP.

• Receiving plant, materials and chemicals and ensuring all items are appropriately stored.

• Responsible for addressing corrective actions arising from Environmental Inspections.

• Approve minor changes to environmental sub-plans, including Erosion and Sediment Control Plans (ESCP).

Site HSEQ Officer • Preparing the environmental aspects of the site induction presentation.

• Ensuring that all staff are appropriately trained in the project’s environmental requirements and responsibilities as set out in this EMS and CEMP.

• Reviewing and actioning environmental inspection and audit findings.

• Monitoring the environmental aspects of the work, particularly in relation to waste management, construction and access works, and soil management.

• The timely and proper response to requests for information and environmental issues raised by regulatory bodies.

• Undertake fortnightly environmental inspections and post rainfall inspections.

• Recommend a Stop-work for an activity that may cause material or environmental harm.

• Make changes to environmental sub-plans, including Erosion and Sediment Control Plans (ESCP), but excluding the sub-plans requiring approval from the Secretary of the DP&E; Traffic Access

Management Plan

Cultural Heritage Management Plan

Flora and Fauna Management Plan

Landscape Management Plan

All Biosar Australia staff and contractors

• Work in accordance with the EMS and EMPs. • Report and raise any issues that arise that may

have an environmental impact. • Report and raise the discovery of any artefacts,

Aboriginal relics or places and cease work until the matter has been addressed.

• Report any issues that may have the potential to cause material or environmental harm.

• Report any incidents or near-misses that may impact on the environment or breach


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conditions set-out in this CEMS or CEMP.

4.2 ENVIRONMENTAL PLANS

A CEMP will be prepared to guide the delivery of environmental management on the project. The CEMP will be supported by a series of sub-plans, EWMS, Erosion and Sediment Control Plans and other documents. These documents are prepared to identify requirements and processes applicable to specific impacts or aspects of the activities. They address the measures identified in the environment assessment documentation.

A list of construction sub-plans and strategies for the Project are provided in Table 4-1.

Table 4-1 Construction sub-plans and approval requirements

Document name Document identifier Approval requirement

Environmental Management Strategy EMS Approval from DPE Secretary

Construction Environmental Management Plan

CEMP Internal Biosar Approval

Traffic Management Plan TMP Prepared in consultation with RMS and Council. Approval from DPE Secretary.

Landscape Management Plan LMP Prepared in consultation with RMS, OEH and Warren Shire Council. Submitted to DPE Secretary.

Groundcover Management Plan GCMP Internal Biosar Approval

Cultural Heritage Management Plan and Chance Finds Protocol

CHMP Prepared in consultation with Aboriginal stakeholders. Submitted to DPE.

Flora and Fauna Management Plan FFMP Internal Biosar Approval

Soil & Water Management Plan SWMP Internal Biosar Approval

Noise and Vibration Management Plan NVMP Internal Biosar Approval

Waste Management Plan WMP Prepared in consultation with Warren Shire Council

Community Consultation Plan CCP Internal Biosar Approval

Environmental Work Method Statement EWMS Internal Biosar Approval

Checklists, records and other documents As required Internal Biosar Approval


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4.3 TRAINING, AWARENESS AND COMPETENCE

To ensure that this EMS is effectively implemented, each level of management is responsible for ensuring that all personnel reporting to them are aware of the requirements of this strategy. The HSEQ will coordinate the environmental training in conjunction with other training and development activities (e.g. safety).

4.3.1 Environmental induction

Prior to working on site all personnel and sub-contractors will undertake an online site specific induction covering environmental aspects. This is done to ensure all personnel involved in the Project are aware of the requirements of the CEMP and EMS, and to ensure the implementation of environmental management measures.

Short-term visitors to site for purposes such as deliveries will be required to be accompanied by inducted personnel at all times.

The HSEQ will conduct the environmental component of the site inductions.

The environmental induction will address a range of issues including, but not limited to:

• Purpose and objectives of CEMP; • Requirements of due diligence and duty of care; • Conditions of environmental licences, permits and approvals; • Roles and responsibilities; • Typical Environmental Hazards and Risks; • Environmental emergency plans, emergency Spill Response Plan and locations of emergency

spill kits; • Management and reporting process for environmental incidents and for damage and

maintenance to environmental controls; • Lessons learnt from environmental incidents; • Environmental controls that are identified in the CEMP and its sub-plans; • Out-of-hours work; • Site-specific issues including, but not limited to:

o Erosion and sedimentation and stabilisation risks and controls; o Boundaries for vegetation clearing; o Awareness of the need to remain inside the clearing boundaries and to avoid causing any

damage to any remnant native vegetation in the vicinity of the construction site; o Awareness of environmentally sensitive areas; o Awareness of the need to minimize noise and vibration to avoid disturbance of residents’

amenity; o Awareness of the need to avoid disturbance of Aboriginal heritage sites; o Location of refuse bins, washing, refuelling and maintenance of vehicles, plant and

equipment; and o Environmental sensitive areas as identified in the Environmental Control Plans.

A record of all environment inductions will be maintained and kept on-site.

The HSEQ will review and approve the induction program and monitor implementation.


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4.3.2 Toolbox talks, training and awareness

Toolbox talks will be one method of raising awareness and educating personnel on issues related to all aspects of construction including environmental issues. The toolbox talks are used to ensure environmental awareness continues throughout construction.

Toolbox training will be undertaken monthly to ensure that relevant information is communicated to the workforce and that feedback can be provided on issues of interest or concern. Toolbox training will generally be prepared and delivered by the Site Manager. A register of Toolbox training will be kept on site and maintained by the HSEQ.

Toolbox training topics will include, but are not limited to:

• Erosion and sedimentation controls; • Noise, vibration, and air quality management; • Management of identified heritage items; • Locations of environmentally sensitive areas; and • Emergency procedures.

Toolbox attendance is mandatory and attendees of toolbox talks are required to sign an attendance form. Attendance forms are kept as hard copy records and maintained for the duration of the contract.

The Site HSEQ Officer will review the training program and monitor implementation.


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4.3.3 Environmental Awareness Training

Employees and sub-contractors working on site will be provided with environmental training incorporated into ‘tool box talks’ and inductions. Formal qualifications for specialist staff may be required in relation to activities such as animal handling and the design of erosion and sedimentation control plans. The aim will be to achieve a level of awareness and competence appropriate to their assigned activities.

Targeted environmental awareness training will be provided to individuals or groups of workers with a specific authority or responsibility for environmental management or those undertaking an activity with a high risk of environmental impact.

This training will generally be prepared and delivered by the HSEQ. The target groups and suggested topics for this training are detailed in the table Table 4-2.

Table 4-2 Example Environmental Training Schedule

Training

Seni

or M

anag

ers

Site

Man

ager

s

Engi

neer

s

Site

HSE

Q O

ffice

rs

Sub-

Cont

ract

ors

Adm

inist

rativ

e St

aff

Project Inductions

Biodiversity Awareness (Induction and Tool-box talks)

Erosion & Sediment Control (Induction and Tool-box talks)

Heritage Awareness Training (Induction and tool-box talks)

Spill Response (Induction and tool-box talks)

4.3.4 Daily pre-start meetings

The pre-start meeting is a tool for informing the workforce of the day’s activities. Safe work practices, environmental protection practices, work area restrictions, activities that may affect the works, coordination with other trades, hazards and other information that may be relevant to the day’s work.

The Site Manager will conduct a daily pre-start meeting with the site workforce before the commencement of work each day (or shift) or where changes occur during a shift. Daily pre-start meetings are generally succinct and take approximately 10-15 minutes.

The environmental component of pre-starts will be determined by relevant foreman and environmental personnel and will include any environmental issues that could potentially be impacted by, or impact on, the day’s activities. All attendees will be required to sign on to the pre-start and acknowledge their understanding of the issues explained.

Pre-start topics, dates delivered and a register of attendees will be recorded.


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4.4 COMMUNICATION

4.4.1 Internal communication

Clear lines of communication through all levels and functions (e.g. management, staff and sub-contractors), is key to minimise environmental impacts and achieving continual improvements in environmental performance.

The HSEQ will meet daily as part of project construction meetings to discuss any issues with environmental management onsite, any amendments to plans that may be required or any new/ changes to construction activities.

Fortnightly environmental inspections will be undertaken with the HSEQ and relevant project staff. The purpose of these inspections is to communicate ongoing environmental performance and to identify any issues to be addressed.

Further internal communication regarding environmental issues and aspects will be through awareness training as described in Section 4.2.

4.4.2 External and Government Authority communication

The HSEQ will be the main point of contact regarding specific environmental issues. The HSEQ has the responsibility to report on the ongoing environmental performance of the project to DPE. The Environmental Manager will report regularly to Fortnightly on progress and any key environmental matters.

The name and contact numbers for the site personnel who are available to EPA on a 24-hour basis and who have the authority to take immediate action to shut down any activity or to affect any pollution control measure as directed by an authorised officer of EPA are:

1. Project Manager Biosar Australia

Name: Brian Rafferty

Email: [email protected]

Phone: 0448 402 202

2. HSEQ Manager Biosar Australia

Name: Sally Stahmer

Email: [email protected]

Phone: 0456 003 356

mailto:[email protected]


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4.4.3 Stakeholder and community consultation

Biosar Australia is aware of the necessity for an effective and genuine consultation process, in which the community and stakeholders are activity engaged.

The future stages of community consultation will include:

• Ongoing face to face meetings with neighbours on request

• Quarterly meetings with the Nevertire community stakeholders at the hall;

• Public exhibition of traffic disruption in the shop, pub and on variable message signs;

• Quarterly updates on construction to local media providers, and circulated at the shop and

pub;

• Notices to local community and neighbours advising of construction works timing; and

• Liaison with Warren Shire Council to determine project resources (e.g. water) and

transport/infrastructure requirements.

Agencies will be invited to attend the regular environmental inspection.

Agencies will be consulted in the preparation of LMP and the TMP.

Nevertire Solar Pty Ltd and Biosar Australia will contribute to the maintenance of the existing website (http://nevertiresolarfarm.com.au/) to publish up-to-date information on the Project, such as:

• The EIS;

• The final layout plans for the development;

• Current statutory approvals for the development;

• The proposed staging plans for the development where construction is to be staged;

• How complaints about the development can be made;

• A complaints register;

• Any other matter required by the Secretary (DPE).

4.4.4 Complaints procedure

Epuron and now Elliott Green Power have established channels for receiving community feedback on the project. In addition to direct contact from the public these channels will be used by Biosar Australia and include:

• A postal address: Elliott Green Power - Level 36, 1 Macquarie Place, Sydney NSW 2000. • A website (http://nevertiresolarfarm.com.au/) where complaints can be registered. • Direct complaint at the site office reception

A complaints procedure has been developed to identify and respond to issues generating complaints from the public. The complaints management and mediation system (unresolved complaints), has been prepared in accordance with AS 4269: Complaints Handling. The system includes a Complaints Register to record and compile information on all complaints received. The register includes: details of the complainant, details of the complaint, how the complaint was addressed and whether resolution was reached, with or without mediation.


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Complaints will be acknowledged by project staff with a phone call within 24 hours of being received. Project staff will provide written acknowledgement within 48 hours of the complaint being received. Acknowledgement will include a resolution of the complaint where possible. Where a more detailed investigation is required Biosar Australia will provide a response and potential resolution within five working days of the complaint receipt. Unresolved complaints will follow mediation with and independent arbiter agreed by both parties.

4.4.5 Dispute resolution

In some cases a satisfactory response may not be perceived by the complainant. In this case dispute resolution will be required. Where the Complainant is satisfied with the response the dispute resolution process below including where required mediation with and independent arbiter agreed by both parties. The Biosar Communication Issue Resolution Process will be used as a guide (Appendix D).

• Biosar will discuss the dispute with the complainant to clarify the terms of the disagreement. This will be documented and agreed by both parties.

• Biosar will seek to establish common goals with the complainant that both parties can work toward. This will be documented and agreed by both parties.

• Biosar will discuss with the complainant ways to achieve the common goals. This will be docu will discuss with the complainant and determine any barriers to achieving the common goals. This will be documented and agreed by both parties.

• Biosar will discuss with the complainant and develop a plan for the best way forward to resolve the conflict. This will be documented and agreed by both parties.

• Biosar will with the complainant implement the agreed plan and monitor the outcomes of the plan. This will be documented and agreed by both parties.

• Where a satisfactory outcome cannot be agreed Biosar will document the outcomes and ensure that there is no material harm to the complainant or the environment. This will be documented and referred to the Secretary for Planning and Environment.


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4.5 ENVIRONMENTAL INSPECTIONS AND IMPACT VERIFICATION

The HSEQ will be responsible for carrying out fortnightly environmental and post rainfall inspections using standard forms.

Post rainfall inspections will be triggered by rainfall exceeding 20mm in 24 hours measured by the onsite rain gauge.

The Biosar Australia HSEQ Manager and sub-contractor field staff will attend inspections in relevant areas as required. The HSEQ or Project Engineer will attend debriefing session following inspections.

At completion of the inspection, the HSEQ will prepare the following:

• A site inspection report

• A site inspection action plan listing deficiencies and corrective actions required

• Sub-contractor notices for major/ serious deficiencies

All deficiencies must be promptly issued to the applicable parties, actioned, verified and closed out within an appropriate time frame based on the risk score associated with each deficiency. Actions listed will be identified and an appropriate timeframe to close out will take into consideration risks (e.g location, weather).

Other environmental specialists may be engaged to enter site for the purposes of surveillance or inspection, to liaise with Nevertire Solar Farm personnel, and to attend site meetings to discuss aspects of the work.

Where compliance audits are undertaken by Government agency representatives or Nevertire Solar Pty Ltd, a member of the Project environment team will participate in these inspections and records maintained. Deficiencies and required actions will be analysed and prioritised at the completion of the inspection and timeframes for implementation of corrective actions agreed. Where actions are not completed within the agreed timeframe and pose a risk to environmental or human health, these issues will be raised as Corrective Action Requests.

Prior to the commencement of works on each shift, an inspection will be carried out and will include a check of the relevant environmental controls and resources required to ensure effective operation and maintenance. Works are not to commence unless inspections are found to be satisfactory.

The SEO will undertake the inspections and keep records in their diary.

4.6 DOCUMENTATION AND DOCUMENT CONTROL

The HSEQ is responsible for maintaining all environmental management documents as current at the point of use. Types of records include:

• All monitoring, inspection and compliance reports/records • Correspondence with public authorities • Induction and training records • Reports on environmental incidents, other environmental incidents non-conformances,

complaints and follow-up action. • Community engagement information, and a complaints record • Minutes of a EMS and construction environmental management system review meetings

and evidence of any action taken


18

All environmental management documents are subject to ongoing review and continual improvement. This includes times of change to scheduled activities or to legislative or licensing requirements.

Only the HSEQ, or delegate, with relevant Agency approval (if required) has the authority to change any of the environmental management documentation.

4.6.1 Document control

Biosar Australia will coordinate the preparation, review and distribution, as appropriate, of the environmental documents listed in Section 4.2. During the Project, the environmental documents will be stored at the main site compound.

Biosar Australia will implement a document control procedure to control the flow of documents within and between stakeholders and sub-contractors.

The procedure will also ensure that documentation is:

• Developed, reviewed and approved prior to issue • Issued for use • Controlled and stored for the legally required timeframe • Removed from use when superseded or obsolete • Archived

A register and distribution list will identify the current revision of particular documents or data.

4.7 EMERGENCY PREPARDNESS AND RESPONSE (INCIDENT REPORTING)

Biosar Australia’s standard Environmental Incident Response Procedure is attached in Appendix C. Typically, environmental incidents will be notified verbally immediately and in writing within 1 hour of any incident occurring by Biosar Australia to the principal’s representative. Incident reports will then be provided within 24 hours of the incident occurring, including lessons learnt from each environmental incident occurring, and proposed measures to prevent the occurrence of a similar incident. All efforts will be undertaken immediately to avoid and reduce impacts of incidents and suitable controls put in place. Incidents will be closed out as quickly as possible, taking all required action to resolve each environmental incident.

Nevertire Solar Pty Ltd or Biosar Australia must immediately notify the Secretary any other relevant agencies of any incident on site. ‘Immediately’ has its ordinary dictionary meaning of promptly and without delay. Within 7 days of the date of the incident, the Applicant must provide the Secretary and any relevant agencies with a detailed report on the incident, and such further reports as may be requested.

After the submission of an incident report, Biosar Australia or Nevertire Solar Pty Ltd must review and if necessary revise the strategies and plans required under the approval consent to the satisfaction of the secretary within 1 month of the submission of an incident report.


19

The EPA will be notified of any environmental incidents or pollution incidents on or around the site via the EPA Environment Line (telephone 131 555) in accordance with Part 5.7 of the Protection of the Environment Operations Act 1997 (NSW) (POEO Act). The circumstances where this will take place include:

a) If the actual or potential harm to the health or safety of human beings or ecosystems is not trivial.

b) If actual or potential loss or property damage (including clean-up costs) associated with an environmental incident exceeds $10,000 (Material Harm).

Pollution incidents posing material harm to the environment should be notified to each ‘relevant authority’ as defined in Section 148 (8) of the POEO Act. ‘Relevant authority’ means:

• NSW EPA as the appropriate regulatory authority (ARA) on 131 555 (or (02) 9995 5555 • The NSW Ministry of Health 02 9391 9000 • Safe Work NSW (formerly WorkCover) on 13 10 50 • The local authority, Warren Shire Council on 02 6847 6600 (day time hours) or 02 6847 6600

(after hours) • Fire and Rescue NSW on 000 or for Mobiles Only 112 • Rural Fire Service North West Region on 02 6822 4422

Where an incident involves an Aboriginal site, relevant Registered Aboriginal Parties will be notified and their input sought in closing out the incident.

Biosar Australia will maintain all records relating to environmental incidents.


20

5 MEASUREMENT AND EVALUATION

5.1 SYSTEM AND MONITORING AND MAINTENANCE

Environmental compliance audits by Nevertire Solar Pty Ltd or Biosar Australia may be conducted on all aspects of the CEMP and relevant aspects of the EMS and will be performed in accordance with recognised audit procedures.

Nevertire Solar Pty Ltd will give at least five (5) working days’ notice that an environmental compliance audit is to be conducted and will advise the scope of this audit.

Compliance audit reports shall be provided to Biosar Australia within 7 working days.

Internal audits are to be carried out within 3 months of commencing work onsite and then at least every three 6 months during construction (Refer Table 5-1). These audits will be risk-based and verify that the work under the contract is in compliance with conditions and that environmental control measures are effective. More frequent auditing may occur if environmental checks indicate major deficiencies with environmental management of the site.

Audits will be planned, carried out and reported in accordance with the requirements of the Biosar Australia Management System and provide assessment of the Project:

• Assess the Environmental Performance of the project and assess the environmental performance whether it is complying with the requirements within the Project Approval and any relevant EPL/s

• Review the adequacy of any approved strategy, plan or program and mentioned approvals • Recommend measures or actions to improve the environmental performance of the project,

and or any strategy, plan or program required under these approvals. • Level of compliance with conditions, regulations (including license and permit conditions)

and planned environmental management requirements • Capacity to comply, inspect, test, monitor, control and verify that construction Biosar

Australia and its sub-contractors) activities are being carried in accordance with the projects requirements and conditions


21

Table 5-1 Audit summary table

No. Audit Requirement Timing Responsibility Recipient

1 Internal Audit

Verify compliance with legal requirements, specifications and construction documentation

The first audit within 3 months of commencement of construction

HSEQ Manager, Project Manager

(Nevertire Solar Pty Ltd)

2 Internal Audit

Verify compliance with legal requirements, specifications and construction documentation

6 monthly intervals after the first audit during construction.

HSEQ Manager, Project Manager

(Nevertire Solar Pty Ltd)

5.2 ENVIRONMENTAL MONITORING AND REPORTING

The CoA requires that a clear plan depicting all the monitoring and reporting obligations to be carried out in relation to the project (Table 5-2), including a table summarising the CoA be prepared (Table 2-2).

The monitoring and reporting obligations identified in both the CoA and Statement of Commitments (SoC’s), along with how these obligations will be met within the EMS are identified in Table 5-2.

The objective of the monitoring and reporting will be to validate the impacts predicted for the Project, to measure the effectiveness of environmental controls and implementation of this EMS, and to address specific requirements. Surveillance and inspections by Nevertire Solar Pty Ltd or Biosar Australia may be conducted at any time. Other environmental specialists may be engaged by Nevertire Solar Pty Ltd to enter the site for the purpose of surveillance or inspection, liaison with Biosar Australia environmental staff and to attend site meetings to discuss aspects of the work.

All actions identified during the site inspections by Nevertire Solar Pty Ltd or delegates shall be:

• Actioned in the specified timeframes as detailed on the site inspection form • Addressed in accordance with Biosar Australia’s Management System • Responded to and closed out in writing within 5 working days

If surveillance, inspection or audits indicate a major nonconformity of environmental requirements, Nevertire Solar Pty Ltd is entitled to conduct an environmental compliance audit at 24 hours’ notice to the contractor.

Biosar Australia will respond in a timely manner to any requests in relation to monitoring or effectiveness of environmental controls and their implementation raised by NSW Government Agencies or Nevertire Solar Pty Ltd.

NB: Biosar Australia shall make all required personnel and resources available for all Nevertire Solar Pty Ltd organised environmental audits and surveillance inspections.


22

Table 5-2 Monitoring and reporting as required under the CoA and SoC in relation to the project.

Item CoA/SoC Monitoring Requirements Monitoring proposed

Project Conditions of Approval

1 Traffic Access Management Plan

Schedule 3, Condition 2

The Applicant must keep accurate records of the number of heavy vehicles entering or leaving the site each day.

A record of heavy vehicle movements will be maintained by project staff receiving deliveries.

Statement of Commitments

SoC 23

Soil and Water

Install, monitor and maintain erosion controls. Fortnightly monitoring and inspections will occur prior to, during and following construction. Monitoring and inspections will include, but not be limited to:

• Construction water quality prior to discharge • Inspections will occur weekly, post rainfall and/or during

prolonged/heavy rain to evaluate the effectiveness of erosion and sediment controls in accordance with the CEMP and this plan.

• Ensuring sediment fences are appropriately cleaned out following large rainfall events or as required, and ensuring the sediment is appropriately reused or disposed.

• Monitoring of rehabilitated areas to evaluate stability and vegetation establishment.

• Ensuring waste bins are regularly emptied to minimise potential for pollution resulting from general waste or contaminated waste.

SoC 34

Soil and water

Machinery will be checked regularly to ensure there is no oil, fuel or other liquids leaking from the machinery.

Regular monitoring of condition of machinery during construction.

Addressed in SWMP.

SoC38

Traffic Management

Development of a program for monitoring road condition, to repair damage exacerbated by the construction and decommissioning traffic.

Detailed in the TAMP.


23

Item CoA/SoC Monitoring Requirements Monitoring proposed

Procedure to monitor traffic impacts and adapt controls (where required) to reduce the impacts.


24

5.3 NON-COMPLIANCE AND CORRECTIVE AND PREVENTATIVE ACTION

Any member of the project team may raise a non-conformance or improvement opportunity. The Project Quality Plan will describe the process for managing non-conforming work practises and initiating corrective/preventative actions or system improvements.

The Nevertire Solar Pty Ltd management system shall be used to monitor and verify:

a) That planned actions, work processes and procedures are effectively implemented b) That inspection, testing and verification reports are maintained as objective evidence that

project activities are being carried out in compliance with client contract conditions and specifications, NSW Acts and regulations, license conditions and referenced publications.

Environmental non-conformances might include:

• Failing to comply with the environmental regulations or license/ permit conditions • A serious breach of CEMP requirements • Carrying out an unsafe work practice that has the potential to cause harm to the

environment (i.e. near misses) • Activities that have caused actual harm to the environment not permitted by the project, or

covered in the environmental assessment documentation • Deficiencies or concerns raised by client representatives and/or by state and local

authorities or agencies.

Environmental non-conformances will be dealt with through the Incident Management Procedures detailed in Section 4.7.


25

6 MANAGEMENT REVIEW An Annual Management Review of the EMS, CEMP and subplans will be completed. This will include the HSEQ Manager and relevant Project team members and stakeholders.

A requirement of Schedule 4 (2) of the CoA states that;

The Applicant must:

(a) update the strategies and plans required under this consent to the satisfaction of the Secretary prior to carrying out any upgrading or decommissioning activities on site; and

(b) review and, if necessary, revise the strategies and plans required under this consent to the satisfaction of the Secretary within 1 month of the: • submission of an incident report under condition 3; or • any modification to the conditions of consent.

A group review is initiated by the HSEQ and includes relevant Project team members and stakeholders where environmental management issues for the Project are identified.

The outcomes of the reviews could include amendments to the project’s management documents, risk assessment review, re-evaluation of the Project objectives and targets as well as feeding into other Project documents.

Where changes are made to the plan as a result of the review the updated plan will be made available to the Secretary for DPE. The document will be made available to the Secretary to facilitate consultation on the updated plan. The updated plan will be then submitted for approval. Submitted plans will be in inclusive of any appendices altered by the review process.


Nevertire Solar Farm Environmental Management Strategy

APPENDIX A ENVIRONMENTAL POLICY



APPENDIX B ENVIRONMENTAL LEGISLATION



Controlling Legislation

Legislation Requirement Application to the Project Approvals/ Permits/ Licenses

Responsibility to comply

State Environmental Planning Policies

State Environmental Planning Policy (Infrastructure) 2007

The aim of this Policy is to facilitate the effective delivery of infrastructure across the State by:

(a) improving regulatory certainty and efficiency through a consistent planning regime for infrastructure and the provision of services, and

(b) providing greater flexibility in the location of infrastructure and service facilities, and

(c) allowing for the efficient development, redevelopment or disposal of surplus government owned land, and

(d) identifying the environmental assessment category into which different types of infrastructure and services development fall (including identifying certain development of minimal environmental impact as exempt development), and

(e) identifying matters to be considered in the assessment of development adjacent to particular types of infrastructure development, and

(f) providing for consultation with relevant public authorities about certain development during the assessment process or prior to development commencing

Section 34(1) permits development for the purpose of electricity generating works to be carried out by any person with consent on any land in a prescribed rural, industrial, or species use zone.

Development consent for the solar farm as electricity generating works was sought and granted from DP&E.

Nevertire Solar Pty Ltd will continue to consult with other government agencies and local councils throughout construction.

None required Nevertire Solar Pty Ltd






Commonwealth Legislation

Commonwealth Environment Protection and Biodiversity Conservation Act 1999

The objects of this Act are: • to provide for the protection of the environment, especially

matters of national environmental significance • to promote ecologically sustainable development through the

conservation and ecologically sustainable use of natural resources

• to promote the conservation of biodiversity • to provide for the protection and conservation of heritage • to promote a co-operative approach to the protection and

management of the environment involving governments, the community, land-holders and indigenous peoples

• to assist in the co-operative implementation of Australia’s international; environmental responsibilities

• to promote the use of indigenous peoples’ knowledge of biodiversity with the involvement of, and co-operation with, land-holders and indigenous peoples

Under the EPBC Act, any action that has, or is likely to have, a significant impact on a Matter of National Environmental Significance (MNES) may progress only with the approval of the Commonwealth Minister for the Environment.

No referral to the Commonwealth is required.


Aboriginal and Torres Strait Islander Heritage Protection Act, 1984

Under section 20 of this Act, a person who discovers anything that they have reasonable grounds to suspect to be Aboriginal remains must report the discovery to the federal Minister for the Environment.

Nevertire Solar Pty Ltd will report the discovery of any Aboriginal remains to the relevant authorities.

Biosar Australia shall notify Nevertire Solar Pty Ltd prior to contacting any Regulating Authority.


Biosar AustraliaSubcontractors






State Legislation

Environmental Planning and Assessment Act 1979 (EP&A Act)

The objects of this Act are: (a) to encourage:

i. the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

ii. the promotion and co-ordination of the orderly and economic use and development of land,

iii. the protection, provision and co-ordination of communication and utility services

iv. the provision of land for public purposes v. the provision and co-ordination of community services and

facilities, and vi. the protection of the environment, including the protection

and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats, and

vii. ecologically sustainable development, and viii. the provision and maintenance of affordable housing

(b) to promote the sharing of the responsibility for environmental planning between different levels of government in the State, and

(c) to provide increased opportunity for public involvement and participation in environmental planning and assessment. The proposed activity requires assessment under Part 3A of the EP&A Act.

An Environmental Impact Statement (EIS) was competed to assess the impact of the project. It included the assessment of construction and operational activities along with operation of infrastructure that will affect, or likely to affect the environment. This was approved by the NSW Planning and Assessment Commission as delegate of the Minister for Planning. Compliance with the Conditions of Approval issued by the Commission is a legal requirement of the Project.

Work that is additional, or a variation of work approved that was assessed and described in the EIS for this project and was not deemed consistent with the approval will require additional assessment under this legislation.




Section 111 of the EP&A Act requires that the determining authority examine and take into account to the fullest extent possible, all matters affecting, or likely to affect the environment by reason of the activity.

Heritage Act 1977 This Act provides statutory protection and conservation for heritage places and items. The objects of this Act include promoting, understanding, and encouraging the conservation of the State’s heritage and the identification and registration of items of State heritage significance. The Heritage Act details requirements for the protection of non-Aboriginal heritage items.

An application under Section 60 must be made to the Heritage Council Office when making changes to a heritage place listed on the State Heritage Register, or when excavating any land in NSW where an archaeological relic may be disturbed.

The project has been assessed as having no significant impacts to heritage items or places. No heritage items or places were identified on or in the proposal site. If unexpected heritage items are discovered, works will be stopped in that area and in accordance with section 146(a) of the Act the Heritage Council shall be notified.

Biosar Australia will ensure that no significant physical impact on Heritage items occur from Project work.

Biosar Australia Sub-contractors

Threatened Species Conservation Act 1995

The objects of this Act are as follows:

(a) to conserve biological diversity and promote ecologically sustainable development, and

(b) to prevent the extinction and promote the recovery of threatened species, populations and ecological communities, and

(c) to protect the critical habitat of those threatened species, populations and ecological communities that are endangered, and

(d) to eliminate or manage certain processes that threaten the survival or evolutionary development of threatened species, populations and ecological communities, and

(e) to ensure that the impact of any action affecting threatened species, populations and ecological communities is properly assessed, and

(f) to encourage the conservation of threatened species, populations and ecological communities by the adoption of measures involving co-operative management.

Assessments of Significance were undertaken as part of the EA process, and it was identified that project will have no significant impact on areas of threatened species listed under the TSC Act.

The final solar array extent approved by DP&E was designed to have no impact to threatened species.




Section 5A of the EP&A Act lists a number of factors to be taken into account in deciding whether there is likely to be a significant impact on threatened species, populations or ecological communities or their habitats. Should a threatened species or community be impacted, An Assessment of Significance must be completed to determine the significance of the impact. A Species Impact Statement is required if there is likely to be a significant impact on a threatened species, population or ecological community or its habitat.

National Parks and Wildlife Act 1974

The NPW Act sets out responsibilities for the care, control and management of all national parks, historic sites, nature reserves, reserves, Aboriginal areas and state game reserves and associated permits and approvals (e.g. an Aboriginal Heritage Impact Permit (AHIP) under Section 87 from EPA).

The Act aims to conserve nature, habitat, ecosystems, ecosystem processes and biological diversity at the community, species and genetic levels. Under this Act all native fauna is protected, threatened or otherwise. Schedule 13 of the act lists protected plants which shall not be harmed or picked on any land either on or off National Park estate. With regard to threatened species, a person must not:

(a) harm any animal that is of, or is part of, a threatened species, an endangered population or an endangered ecological community, or

(b) use any substance, animal, firearm, explosive, net, trap, hunting device or instrument or means whatever for the purpose of harming any such animal.

The Act also provides the basis for legal protection and management of Aboriginal sites within NSW. All Aboriginal objects within the state of NSW are protected under Part 6 of this Act. The implementation of the Aboriginal heritage provisions in the NPW Act is the responsibility of the Office of Environment and Heritage (OEH).

Aboriginal heritage will be managed in accordance with the project approval. If any unrecorded Aboriginal objects are encountered during construction, works will cease immediately in that area and in accordance with section 89(A) of the Act, OEH will be notified.





Contaminated Land Management Act 1997

The CLM Act establishes a process for investigation and (where appropriate) remediation of land where contamination presents a significant risk of harm to human health, or some other aspect of the environment.

Nevertire Solar Pty Ltd and Biosar Australia are required to identify, report and manage any identified land contamination in accordance with the CLM Act.


Biosar Australia

Native Vegetation Act 2003

The Act requires development approval from the relevant Zone Management Authority for the clearing of any native vegetation.

Approval is not required for the clearing of native vegetation for the construction of the project. Ensure compliance with relevant CoA.

None required. Nevertire Solar Pty Ltd


Noxious Weeds Act 1993

This Act establishes control mechanisms to reduce the negative impacts of weeds on the economy, community, and environment.

Section 13 – must control spread of noxious weeds onto adjoining land.

Section 15 – must notify relevant control authority within 3 days of becoming aware that a notifiable weed is on site.

Section 27 – must notify police & Department of Agriculture of proposed action to control a “prohibited plant” as defined under the Drug Misuse and Trafficking Act 1985.

Section 30 – must not scatter or cause to scatter notifiable weed material.

Weeds will be managed in accordance with the Flora and Fauna Management Plan.

None required

Nevertire Solar Pty Ltd


Water Management Act 2000

The objects of this Act are to provide for the sustainable and integrated management of the water sources of the State for the benefit of both present and future generations. The Act controls the extraction of and use of water, the construction of works such as dams and weirs, and the carrying out of activities in or near water sources in New South Wales.

If a ‘controlled activity' is proposed on ‘waterfront land', an approval is required under the Act (Section 91E).

A 40m buffer has been applied to the Boggy Cowal waterway as part of the Project approval. This buffer will be maintained for the life of the project to avoid potential impacts to the waterway and GDEs.


Biosar Australia



Additionally, a controlled activity approval is not required

for SSD under Section 89J of the EP&A Act.

Fisheries Management Act 1994 (FM Act)

The FM Act identifies threatened aquatic species, populations, and ecological communities, and requires an assessment of significance for threatened biota which may be impacted by the work.

The FM Act sets out requirements to ensure aquatic habitat is protected and that activities that may affect fish habitat must be referred to the DPI (Fisheries).

As stated above, a 40m buffer has been applied to Boggy Cowal and specific soil and water mitigation measures within this EIS will manage the potential impacts on the watercourse. The proposal site does not contain key fish habitat.


Biosar Australia

Protection of the Environment Operations Act 1997 (POEO Act)

The Act enforces licences and approvals relating to air, water and noise pollution and waste management.

Duty to notify EPA of any environmental harm.

The solar farm is not a schedule activity under section 48 of the POEO Act. Therefore, an EPL is not required.

Nevertire Solar Pty Ltd will ensure all phases of the project are managed to prevent pollution.



Waste Avoidance and Resource Recovery Act 2001

The Act aims to reduce environmental harm and provide for the reduction in waste generation in accordance with Ecologically Sustainable Development principles.

Biosar Australia will address the objectives of this Act in Project design, management document development and throughout construction.


Biosar Australia

Occupational Health and Safety Act 2000

Storage and transport of dangerous goods must be in accordance with the Act.

A licence is required for storage or transport of prescribed quantities of dangerous goods.

Biosar Australia will obtain relevant licences where storage and transport of dangerous goods for construction is in licensable quantities.

WorkCover; storage licence & EPA; transport licence for dangerous goods.


Biosar Australia



Road and Rail Transport (Dangerous Goods) Act 1997

The Act requires that dangerous goods are transported in a safe manner.

Nevertire Solar Pty Ltd will comply with specific obligations on owners, drivers, consignors, packers, loaders, transferrers and occupiers.

Licenses in accordance with the Act.

Drivers of vehicles transporting dangerous goods and the vehicles themselves may need special licenses.



Roads Act 1993 The Roads Act provides for the classification of roads and for the declaration of the Roads and Maritime Services and other public authorities as roads authorities for both classified and unclassified roads. It also regulates the carrying out of various activities in, on and over public roads.

This includes the erection or removal of structures, the excavation or disturbance to a public road surface, the pumping of water into a public road from any land adjoining the road or the connection of a road to a classified road.

The Project will involve work within the road reserve, upgrading of a public road. An introduction letter and procedures for the Works Authorisation Deed has been received from Roads and Maritime Services 17/10/17.

Project works requires approval from Roads and Maritime Services and the Minister

Roads works permits


Biosar Australia

Pesticides Act 1999 The Act regulates and provides for the control and use of pesticides in an environmentally satisfactory manner.

Nevertire Solar Pty Ltd will comply with pesticide codes of practice.


Biosar Australia

Rural Fires Act 1997

(Rural Fire Services)

The Act provides for the prevention, mitigation and suppression of bush fires and other fires in NSW

Section 63 of the Rural Fires Act 1997 (RF Act) states the duties of public authorities and owners and occupiers of land prevent bush fires.

Nevertire Solar Pty Ltd is required to take steps to prevent the occurrence of


Biosar Australia



bushfires on, and to minimise the danger of the spread of a bushfire on or from, any land under its management.



APPENDIX C ENVIRONMENTAL INCIDENT RESPONSE PROCEDURE

C.1 INTERNAL REPORTING

Any incident that occurs with the potential to cause an environmental impact will be reported immediately to the Site Construction and HSEQ. The Environmental Due Diligence induction will emphasise this obligation to all contractors and personnel working on-site. This procedure details the protocols to be followed in the event of an environmental incident, as distinct from an emergency situation.

C.2 IMMEDIATE RESPONSE

Upon receiving notification of an incident with the potential to cause an environmental impact the HSEQ will immediately attend the incident. The HSEQ will then:

• Isolate the area affected by the incident;

• Stop works around the area;

• Implement containment measures to prevent the impact of the incident spreading; and

• Make a determination as to the significance of the potential environmental impact and, as appropriate, undertake appropriate external notifications.

C.3 EXTERNAL NOTIFICATIONS

Material Harm

EPA notification is required where a pollution incident occurs in the course of an activity such that material harm to the environment is caused or threatened.

Material harm to the environment is defined in s.147 of the Protection of the Environment Operations Act 1997 as follows:

• harm to the environment is material if:

o it involves actual or potential harm to the health or safety of human beings or to ecosystems that is not trivial, or

o it results in actual or potential loss or property damage of an amount, or amounts in aggregate, exceeding $10,000 (or such other amount as is prescribed by the regulations), and

• loss includes the reasonable costs and expenses that will be incurred in taking all reasonable and practicable measures to prevent, mitigate or make good harm to the environment.

The HSEQ, as soon as the immediate response actions have been implemented, will make a determination as to whether material harm has been caused or is threatened.



C.4 AGENCY NOTIFICATION

If the HSEQ determines material harm exists relevant agencies will be immediately notified and provided the following relevant information.

• the time, date, nature, duration and location of the incident;

• the location of the place where pollution is occurring or is likely to occur;

• the nature, the estimated quantity or volume and the concentration of any pollutants involved, if known;

• the circumstances in which the incident occurred (including the cause of the incident, if known); and

• the action taken or proposed to be taken to deal with the incident and any resulting pollution or threatened pollution, if known.

As part of agencies notification, the HSEQ will inform the DPE of the situation as required by CoA 1 schedule 4 (Table 2-2). This initial notification will be for information purposes and a continued response to the situation and any instruction or request from the agencies will occur. DPE will be notified as soon as practicable and at the same time as the EPA or other agencies. The agencies to be notified include:

• NSW EPA as the appropriate regulatory authority (ARA) on 131 555 (or (02) 9995 5555

• NSW DPE on 1300 305 695 • The NSW Ministry of Health 02 9391 9000 • Safe Work NSW (formerly WorkCover) on 13 10 50 • The local authority, Warren Shire Council on (02) 6847 6600 (day time hours) • Fire and Rescue NSW on 000 or for Mobiles Only 112 • Rural Fire Service North West Region on 02 6822 4422

C.5 NO MATERIAL HARM

Where an incident has occurred that has not resulted in material harm, the HSEQ will immediately investigate and record the following relevant information.

• the time, date, nature, duration and location of the incident;

• the location of the place where pollution is occurring or is likely to occur;

• the nature, the estimated quantity or volume and the concentration of any pollutants involved, if known;

• the circumstances in which the incident occurred (including the cause of the incident, if known); and

• the action taken or proposed to be taken to deal with the incident and any resulting pollution or threatened pollution, if known.

This information will be used to establish measures to avoid a reoccurrence or escalation in scale in the future.



C.6 INCIDENT INVESTIGATION

Avoid Recurrence

As soon as the incident has been contained and external notifications undertaken the SECO will then undertake an incident investigation. One purpose of the investigation will be to identify and understand the cause of the incident with a view to modifying procedures to avoid the potential for a recurrence. The types of preventative actions taken could include revision to a Construction Work Method Statement or undertaking targeted Environmental Due Diligence sessions at tool box meetings prior to works re-commencing.

Restoration

The other purpose of the incident investigation will be to define the appropriate remediation work required in order to address any bio-physical impact of the incident. The appropriate remediation work (if required) will be determined by the specific circumstances of the incident.

C.7 INCIDENT REPORTING

Documentation

Any environmental incident will be recorded on an Environmental Incident Report and an updated Environmental Incidents Register will be maintained throughout the construction period.

Each Environmental Incident Report will include details on:

• the date, time and duration of the incident;

• clarify whether there was material harm to the environment;

• detail the nature of the incident;

• climatic conditions;

• the location of the incident;

• pollutants involved;

• circumstances in which the incident occurred; and

• Corrective action taken; external notification (EPA).

C.8 DISSEMINATION

For any environmental incident for which there is no material harm, the HSEQ will file a copy of the incident report follow the investigation. A summary of Environmental Incident Reports will be retained for reporting requirements and made available to agencies on request.

For an incident in which material harm has or could have resulted and the EPA has been notified, the HSEQ will provide reporting to the EPA as may be instructed, in accordance with the timeframes that may be so specified by the EPA.

Copies of any EPA reporting associated with an environmental incident will also be provided to the Department of Planning and Environment and Warren Shire Council.



APPENDIX D BIOSAR ISSUE RESOLUTION PROCESS

Biosar Communication Issue Resolution Process

An issue is identified

Can direct supervisor address /

resolve issue?Problem solvedYES

Project Manager notified of issue

NO

Can PM rectify issue?

Has the issue been rectified?

NO

YES

YES

Has the issue been rectified? YES

Outcomes recorded of the resolution

process.

NO

NO

ISSUE RESOLUTION PROCESS

Wherever possible, issues and concerns will be resolved through consultation between members of the public, staff and site management.

1. If the concern cannot be resolved at the supervisor or HSEQ level then the Biosar Project Manager will be involved and work toward a resolution.

2. If the issue is resolved and recorded, no further action is required.

3. If after consultation with the Project Manager the issue is unresolved it will be referred to the Biosar Senior Project Manager or Country Manager.

4. If the issue is not resolved it will be referred to an independent mediator to assist/record dispute resolution.

5. Where a satisfactory outcome cannot be agreed with the complainant, Biosar will document the outcomes and ensure that there is no material harm to the complainant or the environment. A notification of the issue will be forwarded to the Secretary for NSW Planning and Environment for the secretary's information.

The issue is raised with the Biosar Senior Project

Manager or Country Manager

An independent mediator assists to resolve the dispute.



APPENDIX E EMS CONSULTATION SUMMARY

Draft plan sent to the NSW Department of Planning on the 20th of July 2017.

A response was received from the DPE on the 1st September 2017

Issue NSW Planning Comment/Issue Response

1

Section 3.1 – Further description of what actions will be undertaken and when in regard to risk processes / risk assessments;

Addressed in section 3.1.

2

Section 4.1 – Consider giving all roles an Authority to Stop-Work for an activity that may cause material harm;

We have provided senior roles with the authority to stop work for an activity that may provide material harm. All staff should be empowered to recognise, and notify the supervisor foreman of potential material harm.

3

Section 4.1 – Include responsibilities for reporting of exceedances and triggering the PIRMP / Pollution Events;

Addressed in Section 4.1. No PIRMP is required for this project as it is not a scheduled activity. Reporting of pollution events have been given to the Works Delivery Project Manager and the Quality Safety Environment Manager.

4 Section 4.3.2 – Consider defining frequency or triggers of toolbox talks

Noted and addressed in section 4.3.2.

5

Section 4.3.3 – it is recommended that staff and sub-contractors are made aware of general heritage and spill response requirements;

Noted and addressed in table 4.2.

6 Section 4.4.1 – In the third paragraph, change the action word ‘scheduled’ to ‘completed or undertaken’;

Noted addressed in section 4.4.1.

7

Section 4.5 – Define the meaning of rainfall and how the inspection trigger is determined (for example, a 20mm in 24 hour event measured by the onsite met station);

Noted an addressed in section 4.5

8

Section 4.7 – Review the proposed incident notification process within the context of Condition 5, Schedule 4 taking into account the delays associated with incident notifications from site, to the principal’s representative and the Secretary

Incident notification process has been updated and described in relation to CoA requirements.

9

Section 4.7 – Consider separating processes for non-pollution incident events and defining how exceedances would be managed (or reference to s5.3) within the context of Condition 2, Schedule 4;

It is much simpler for the contractor to manage incident reporting from the one response procedure.



Further comment was received NSW Department of Planning on the 24th of November 2017.

Section of EMS

NSW Planning Comment/Issue Response Location of change in EMS

1.1

Include a note that the project was recently modified. Note made on modification

1

Have included date of modification

Section 1.1

Section 2.3

4.4.4 There is reference to an Environmental Manager role in this section. Update table A.1.1 to outline the responsibilities of this role.

Have removed EM role and replaced with SEO

Section 4.4.4

4.4 Update to include a procedure for receiving, handling, responding to, and recording complaints as per Schedule 4, condition 1d.

Have included a complaints procedure (previously in CEMP) in section 4.

Section 4.4.4

4.4

Update to include a procedure for resolving disputes as per Schedule 4, condition 1d. Have included a complaints

procedure (previously in the CEMP) in section 4.

Section 4.4.4

Documents

Environmental Management Strategynevertiresolarfarm.com.au/wp-content/uploads/2019/... · Implementing this will ensure that the project team meets EMS Project the ... (ISO14001)