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Form 1 - Responsible Authority Report (Regulation 12)

Application Details: Karratha Treated Wastewater Disposal System

Property Location: Various Lots – Crown Land Reserve 9701 DAP Name: Pilbara JDAP Applicant: TPG Town Planning and Urban Design Owner: State of Western Australia LG Reference: DP1300222 P3228 Responsible Authority: Shire of Roebourne Authorising Officer: Rosemary Cousin

Manager Planning Services Application No and File No: DP/13/00222 Report Date: 3 April 2013 Application Receipt Date: 11 March 2013 Application Process Days: 35 days Attachment(s): 1. Accompanying plans:

- KZ05-0-1 Preliminaries to Works – Notice of Proposal

- KZ05-1-1 Locality Plan and Site of Works

- KZ05-2-1 Rising Main Plan – General Arrangement

- KZ05-16-1 Flood Irrigation Area – Site Plan

- KZ05-16-2 Flood Irrigation Area – General Arrangement

- KZ05-16-3 Flood Irrigation Area – Section and Details

- GX54-4-1 Security and General Fencing - Stockproof Ringlock Fences

- KZ05-1-2 Land & Easement Acquisition Plan

2. Submissions Table 3. Department of Regional Development &

land - Submission 4. Horizon Power - Submission 5. Department of Water - Submission 6. Main Roads WA – Submission 7. Municipal Heritage Inventory NEW

ENTRY April 2013 Old Stock Route Wells

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Recommendation: That the Pilbara JDAP resolves to: Approve DAP Application reference DP/13/00222 and accompanying plans dated – 13/11/2012:

- KZ05-0-1 Preliminaries to Works – Notice of Proposal - KZ05-1-1 Locality Plan and Site of Works - KZ05-2-1 Rising Main Plan – General Arrangement - KZ05-16-1 Flood Irrigation Area – Site Plan - KZ05-16-2 Flood Irrigation Area – General Arrangement - KZ05-16-3 Flood Irrigation Area – Section and Details - GX54-4-1 Security and General Fencing - Stockproof Ringlock Fences - KZ05-1-2 Land & Easement Plan (dated 13/12/2012)

in accordance with Clause 4.5 of the Shire of Roebourne’s Town Planning Scheme No 8, subject to the following conditions: 1. The approved land use and development shall be undertaken in accordance with

the endorsed plans and documents. 2. Within one month of commencement of works on the site a detailed

Environmental Construction Management Plan, including a Traffic Management Plan and Reinstatement Plan is to be submitted to the Shire of Roebourne for endorsement. All construction works are to be undertaken in accordance with the endorsed plan.

3. Within one month of commencement of works on the site a detailed Stormwater

and Drainage Management Plan is to be submitted to the Shire of Roebourne for endorsement. All construction works are to be undertaken in accordance with the endorsed plan.

4. Within one month of the Treated Wastewater Disposal System becoming

operational a Mosquito Management Plan shall be submitted to the Shire of Roebourne for endorsement.

5. All road works are to be undertaken to the satisfaction of the Shire of Roebourne. 6. This decision to approve shall expire if the development has not substantially

commenced within two [2] years of the date of this decision.

Advice Notes

a. In relation to Condition 1, prior to undertaking any departure from the endorsed plans Planning Services must be contacted to determine whether an amendment to this development approval is required, or whether the departure is permissible to be documented on ‘as constructed’ plans to be submitted to Planning Services for endorsement upon the completion of the development.

b. In relation to Condition 2, the Environmental Construction Management Plan is to include provisions that ensure that the proposal shall not cause erosion or degradation to the subject site or surrounding land and include methods for dust suppression construction noise management and construction erosion control.

c. In relation to Condition 3, the Stormwater and Drainage Management Plan shall

detail measures for managing water during storm events and erosion control

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measures that will be in place during construction and operational phases to prevent scouring and dust nuisance problems occurring.

d. In relation to Condition 5, a ‘Permit to work within a Shire Reserve’ (available

from http://www.roebourne.wa.gov.au/Roads_Footpaths.aspx must be completed prior to the commencement of works.

e. In relation to Condition 6, Planning Services will consider extensions to the

approval period for up to two [2] years provided a written request is received no later than the original or extended date of expiry.

f. The proponent is advised of the requirement to obtain the necessary clearances

under the Native Title Act 1993.

g. In recognition of the cultural heritage values of the site, the Water Corporation have agreed to assist the Shire through the production of an interpretative brochure, acknowledging the historical and cultural significance for Shire and wider region of the Travelling Stock Route for distribution in Shire of Roebourne Visitor Information Centres, in consultation with the Shire’s Local History Officer and at no cost to the Shire.

h. This planning approval does not constitute a Building or Health approval, for

which a separate building and health application must be lodged and approvals given by the Responsible Authority. The applicant is recommended to contact the Shire of Roebourne Building Services Manager and the Executive Manager Regulatory for enquiries regarding building and health approvals respectively.

i. The Pilbara Joint Development Assessment Panel (Pilbara JDAP) has

determined this application. Rights of appeal are also available to you under the Planning and Development Act 2005 against the decision of the Pilbara JDAP, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

Background: Insert Property Address: Pt Lot 530 (Reserve 9701)

Pt Lot 264 (LR 3110/527) Pt Lot 601 (LR 3162/355) Pt U.C.L – Adjacent to Lot 264 Above

Insert Zoning MRS: N/A TPS: Irrigation Area zoned for ‘Rural’

Portion of pipeline Local Reserve – Conservation, Recreation and Natural Landscape

Insert Use Class: ‘AA’ within ‘Rural’ Zone Insert Strategy Policy: N/A Insert Development Scheme: N/A Insert Lot Size: Lot 530 – 789.91ha

Lot 264 – 1503.7ha Lot 601 – 39.235ha U.C.L – 515.56ha

Insert Existing Land Use: Grazing – Karratha Cattle station. Value of Development: $3.8m

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The application is for a new wastewater irrigation system and pressure main located on station grazing land within the Shire of Roebourne. The proposed pressure main will involve the development of a new 450mm diameter pressure main that will convey treated wastewater from the Karratha Waste Water Treatment Plant No. 1 (WWTP 1) to an irrigation system that will be located approximately eight kilometers to the south west. Associated with the irrigation system is a network of constructed contour banks and pipeline distribution channels that will disperse the treated wastewater into pooling bays and allow it to evaporate as the final stage in the waste water treatment process. The development of the irrigation system and pressure main will cater for the increase in treated wastewater production capacity related to the approved expansion of the WWTP 1. This method of treated wastewater disposal is a contingency disposal method, and will only be utilised when treated wastewater generation exceeds re-use requirements (such as during winter months when irrigation requirements are reduced). The site for use as settling ponds is located on land historically used as a Travelling Stock Route, which constitutes an important part of the Shire’s pastoral cultural heritage. Details: outline of development application The current contingency arrangement for treated wastewater from the existing WWTP 1 involves an uncontrolled discharge to the adjacent environment. The proposed development will incorporate a new wastewater irrigation system and pressure main located on station grazing land within the Shire of Roebourne. The proposed pressure main will involve the development of a new 450mm diameter pressure main that will convey treated wastewater from WWTP 1 to an irrigation system that will be located approximately eight kilometers to the south west. The portions of lots that will form the irrigation system site are currently undeveloped. The area is part of Karratha Station and the land has historically been utilised for stock grazing purposes and was selected specifically because it contains generally degraded vegetation. The proposed irrigation system will consist of the following main infrastructure elements:

- Contoured banks of earth construction at every 0.2m contour provided with sloped edge berms.

- Manually operated wheel isolation valves to control flow rate and distribution from the piped distribution network.

- Spill ways to allow the treated wastewater to gravity feed from the higher bays into the lower bays once full.

- Vehicle access tracks. - Stock proof fencing, gates and warning signage.

Legislation & policy: Planning & Development Act 2005 Shire of Roebourne Town Planning Scheme No. 8 (TPS8):

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• Clause 2.2 - Development and Use of Reservations • Clause 2.3 – Matters to be considered by Council • Clause 4.1 – Requirement for Planning Approval • Clause 4.4 – Matters to be considered by Council • Clause 4.5 – Determination of Applications • Clause 6.7 – Industry • Clause 6.8 – Rural Zones • Clause 6.9 – Heritage Matters

State Government Policies State Industrial Buffer Policy (SPP 4.1) The proposed development relates to the expansion of an existing operational WWTP facility, and as such WAPC Statement of Planning Policy No. 4.1 ‘State Industrial Buffer Policy’ (SPP4.1) is relevant. The main purpose of SPP4.1 is as follows:

“to provide a consistent Statewide approach for the protection and long-term security of industrial zones, transport terminals (including ports) other utilities and special uses. It will also provide for the safety and amenity of surrounding land uses while having regard to the rights of landowners who may be affected by residual emissions and risk.”

The applicable policy framework is primarily concerned with the appropriate location and buffering of new potentially harmful uses, and the development of sensitive land uses within existing buffer areas. The policy makes reference to the operational licenses of the facilities themselves to address issues such as odour and emissions. It is noted that these licenses are in the process of being obtained by the Water Corporation and are envisaged to be provided to the Shire of Roebourne in due course. Further to the requirements of SPP4.1, there is a draft amended ‘State Industrial Buffer’ policy issued in 2009 that specifically addresses waste water treatment facilities, and refers to the Environmental Protection Authority (EPA) Guidance Statement 3 for buffering guidance. Appendix 1 of the EPA Guidance Statement 3 - Separation Distances between Industrial and Sensitive Land Uses suggests that buffering for a ‘Wastewater disposal site (treated sewage)’ buffer should be determined on a case by case basis. Given the proposed location and ‘contingency use’ of the proposed development it is considered that any adverse impacts or buffer issues associated with the proposal will be minimal. Historic Heritage Conservation Policy (SPP 3.5) SPP 3.5 Historic Heritage Conservation (2007) “sets out the principles of sound and responsible planning for the conservation and protection of Western Australia’s historic heritage.” An objective of SPP 3.5 is “to conserve places and areas of historic heritage significance”. Given a portion of the proposed flood irrigation disposal area is located within the Old Stock Route which extended across the Shire it is recommended an Advice Note be included for the Water Corporation to provide assistance to the Shire in the production of an interpretative brochure acknowledging the historical and cultural significance of the stock route to the region.

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Local Policies Given the specific nature of the proposed development as a public infrastructure work there are no Local Planning Policies relevant to this proposal. Consultation: Public Consultation As the land use is an ‘AA’ use under the Shire of TPS8, advertising of the proposal was not a requirement and was not considered to be necessary in this instance given the existing nature of the facility and the alignment of the proposal with broader strategic planning objectives. Consultation with other Agencies or Consultants The application was referred by the proponent to the Department of Regional Development and Lands, Horizon Power, the Department of Water and Main Roads WA (Refer Submissions Table – Attachment 4). No objections were received. Consultation with Internal Departments The application was referred to the Shire’s Infrastructure Services and Environmental Health Department. The following comments were provided: Infrastructure Services: The Shire will only accept drilling (boring) under the road due to the amount of traffic that is sustained within the Karratha Industrial Estate. A condition will be included that road works be undertaken to the satisfaction of the Shire. Environmental Health: The proposed ponds are approximately 4 kilometres from the Karratha Industrial Estate and given the prevailing easterly and westerly winds, associated odours should dissipate. The Shire’s History Officer has provided details of the New Entry to the municipal heritage inventory, April 2013 for the Old Stock Route Wells that traverses the Shire in the location of the proposed development. Planning assessment: Compliance with the defined uses and objectives within Shire of Roebourne Town Planning Scheme No. 8 (TPS8) The following is an assessment of the application against the relevant clauses of TPS8. 2.3 Matters to be considered by Council The portion of the proposed development that is located within the TPS8 reservation ‘Conservation, Recreation and Natural Landscapes’ requires approval as the proposed development cannot be considered to be directly in accordance with the purpose of the reservation and thus does not meet the exemption requirements as detailed within Clause 4.1.3 of TPS8. Whilst the development is not in accordance with the reserve purpose, the development as proposed will directly facilitate local and state level strategic planning objectives as part of an overall wastewater system upgrade. 4.1 Requirement for Development Approval The greater proportion of the proposed development will occur within land zoned ‘Rural’ under TPS8. As the Water Corporation is not a ‘Section 6’ body as defined under the Planning and Development Act, 2005 (refer WAPC Planning Bulletin 94,

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Appendix 2) development approval exemptions that would ordinarily apply to proposed public works are not applicable in this instance. On this basis there is a requirement that this form of development on zoned land obtain development approval under the Shire’s TPS8. Clause 4.1.3 details a number of instances where development approval is not required, and relevantly the following Clause applies –

(a) The development of land in a reserve, where such land is held by the Council or a public authority, and where the proposed development is for the purpose for which the land:

(i) is reserved under the scheme

(ii) may be lawfully developed by the Council or public authority.

Under the provisions of TPS8 development approval is also required for the portion of land reserved under TPS8 for ‘Conservation and Natural Landscapes’ as the proposed use does not meet the exemption requirements as detailed within Clause 4.1.3. Portions of the proposed development fall within both road reserves and Local Scheme Reserve – WDT (Waste Disposal and Treatment) which are exempt from the requirement for planning approval and have been excluded from this application. 4.4 Matters to be considered by Council Clause 4.4 details a number of matters that are to be given ‘due regard’ in the consideration of the application. Relevant matters are detailed below:

(a) the purposes and aims and other provisions of the Scheme and any other relevant town planning schemes operating within the area

The proposal accords with the aims of TPS8 and will directly facilitate achieving the strategic objectives of the Shire.

(j) the compatibility of the use with its setting

The proposal is considered to be compatible with its setting, and has been the subject of an extensive site selection process.

(l) The cultural significance of any place or area affected by the development.

A portion of the proposed Flood Irrigation Disposal Area is located within the Old Stock Route and therefore it is considered to be an area of cultural significance.

(o) the relationship of the proposal to development on adjoining land or on other land in the locality including but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the proposal.

The proposal has been assessed to not have any effect on the adjoining landholdings, as the development is predominantly surrounded by undeveloped land and comprises mainly ponds or sub surface features located internally to the site.

(p) whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles.

The proposed development includes the creation of an access track and will be serviced by a crossover and entry configuration which is considered to be adequate for the proposed infrequent use.

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(q) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety,

The proposal is for a contingency disposal system, and the applicant notes that outside of the construction period there will be negligible effects on the local road system.

5.14 Karratha Objectives (relevant objective) i. Facilitate the continued growth of Karratha as the regional centre of the West

Pilbara The proposal will provide an increased level of capacity within the treated waste water disposal infrastructure that is critical to the delivery of strategic growth within Karratha, and is considered to directly accord with this objective.

It is considered therefore concluded that the proposal meets the relevant objectives of the TPS8 for Karratha. 6.7 Industry Clause 6.7.9 of TPS8, ‘Industrial Development’ relates to the provision for future industrial estate developments including the preparation and endorsement of Development Plans. The Shire is currently progressing proposed Scheme Amendment 21 (SA 21) to give statutory backing to the ‘Karratha City of the North’ (Growth Plan) and it is expected to be presented to Council for final adoption in 2013. As a part of proposed SA 21 land abutting Karratha Road, including a portion adjoining the Karratha Industrial Estate, is to be rezoned to ‘Industrial Development’ in accordance with the ‘Karratha City of the North’ (Growth Plan). Guidance for development will be through the use of a ‘Development Area’ (DA38). Given a portion of the pipeline is proposed on the eastern side of Karratha Road, this may impact on the development potential of proposed ‘Development Area’ DA38. 6.8 Rural Zones Clause 6.8 of TPS8 has a number of development requirements that relate to proposed development within the ‘Rural’ zone including the preparation of Development Plans, approving development that will prejudice future strategic development and other provisions relating to development and subdivision for rural type uses. As this development proposal relates to the provision of regional infrastructure it can be considered to comply with the development requirements of the ‘Rural’ zone as it will directly facilitate the ability of the Shire to achieve broader strategic goals associated with the ‘Karratha City of the North’ (Growth Plan). 6.9 Heritage Matters Clause 6.9.2 (a) of TPS8 states that in the preparation of the Heritage List the council is to “have regard to the municipal inventory prepared by the Council under section 45 of the Heritage of Western Australia Act 1990”. The Shire has recently updated the Municipal Heritage Inventory to include the Old Stock Route and Wells. The stock route established in 1866 was a significant element in moving stock throughout the region until the 1920’s when the trucking of stock led to the reduced demand for overland stock routes. As a portion of the proposed Flood Irrigation area is within the stock route it is considered that the historical and cultural significance should be recognised.

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Indigenous Heritage The Aboriginal Heritage Affairs Section of the Water Corporation has conducted an examination of the Department of Indigenous Affairs Sites Register and concluded there are no registered Aboriginal Heritage sites within the project area. The Shire has requested that the applicant provide further information in regard to Native Title and the Aboriginal Heritage Affairs Section of the Water Corporation is currently undertaking an investigation. Conclusion: The proposed development, in general, accords with the requirements of the Shire’s Town Planning Scheme No 8 and ‘State Industrial Buffer Policy’ (SPP4.1). The proposal is a key component of the overall expansion of the wastewater capacity within Karratha and is consistent with the strategic goals of developing the required infrastructure to grow the population of Karratha to 50,000+ as outlined in ‘Karratha City of the North’ (Growth Plan). It is the recommended the development application be approved subject to conditions.

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