compliance assessment report - parliament.wa.gov.au

G:\60212828 - Derby Tidal Env Serv\8 Issued Docs\8.1 Reports\Compliance Report\Compliance Assessment Report October 2015\ComplianceAssessment Report October 2015 Rev 1.docxRevision Rev 1 – 02-Nov-2015Prepared for – Tidal Energy Australia – ABN: 76 067 829 145

Derby tidal Power ProjectTidal Energy Australia02-Nov-2015

Compliance AssessmentReport

AECOM Derby tidal Power ProjectCompliance Assessment Report


Compliance Assessment Report

Client: Tidal Energy Australia

ABN: 76 067 829 145

Prepared byAECOM Australia Pty Ltd3 Forrest Place, Perth WA 6000, GPO Box B59, Perth WA 6849, AustraliaT +61 8 6208 0000 F +61 8 6208 0999 www.aecom.comABN 20 093 846 925

02-Nov-2015

Job No.: 60212828

AECOM in Australia and New Zealand is certified to the latest version of ISO9001, ISO14001, AS/NZS4801 and OHSAS18001.

© AECOM Australia Pty Ltd (AECOM). All rights reserved.

AECOM has prepared this document for the sole use of the Client and for a specific purpose, each as expressly stated in the document. No otherparty should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to anythird party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements andAECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professionalprinciples. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of whichmay not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.



Quality InformationDocument Compliance Assessment Report

Ref 60212828

Date 02-Nov-2015

Prepared by Linda Kirchner

Reviewed by Jamie Shaw

Revision History

Revision RevisionDate Details

Authorised

Name/Position Signature

Rev A 06-Oct-2015 Draft Katrina O'MaraAssociate Director -Environment

Rev 0 23-Oct-2015 Final Jamie ShawTechnical Director -Environment

Rev 1 02-Nov-2015 Final with updated status Linda KirchnerAssociate Director -Environment



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Table of Contents1.0 Introduction 12.0 Current Status 33.0 Compliance 5

3.1 Audit Table 54.0 Environmental Management Plans/Programs 24

4.1 Completed Environmental Management Plans/Programs 244.2 Environmental Management Plans/Programs to be completed 24

5.0 Environmental Monitoring 266.0 Endorsement 28



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1.0 IntroductionThis Compliance Assessment Report has been prepared to satisfy the requirements of Condition 4-1 and 4-2 ofMinisterial Statement 941 (MS 941). The first CAR is due on the 22 October 2014, dated 15 months from the dateof issue of MS 941 (22 July 2013).

4-1 The proponent shall prepare and maintain a compliance assessment plan to the satisfaction of the CEO.

4-2 The proponent shall submit to the CEO the compliance assessment plan required by Condition 4-1 at least sixmonths prior to the first compliance assessment report required by Condition 4-6, or prior to implementation,whichever is sooner.

The compliance assessment plan shall indicate:

a) the frequency of compliance reporting;

b) the retention of compliance assessments;

c) the method of reporting of potential non-compliances and corrective actions taken’

d) the table of contents of compliance assessment reports’ and

e) public availability of compliance assessment reports.

The compliance assessment report shall:

1) be endorsed by the proponent's Managing Director or a person delegated to sign on the Managing Director'sbehalf

2) include a statement as to whether the proponent has complied with the conditions

3) identify all potential non-compliances and describe corrective and preventative actions taken

4) be made publicly available in accordance with the approved compliance assessment plan

5) indicate any proposed changes to the compliance assessment plan required by Condition 4-1.



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2.0 Current StatusThe Tidal Energy Australia Derby Tidal Power Station is progressing through the environmental approvalsprocess and is currently out for public comment under the Environment Protection and Biodiversity ConservationAct (EPBC Act). As such the project has not progressed with any on-ground works requiring compliance reporting.

This compliance assessment report addresses the conditions in the following sections:

1) be endorsed by the proponent's Managing Director or a person delegated to sign on the Managing Director'sbehalf (Section 6.0)

2) include a statement as to whether the proponent has complied with the conditions (Section 3)

3) identify all potential non-compliances and describe corrective and preventative actions taken (Section 3)



This report will be made publically available on the Tidal Energy Australia website.

There have been no changes made to the Compliance Assessment Plan in this reporting period.



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3.0 Compliance

3.1 Audit TableThe Audit table provides a compliance and status update for each condition from Implementation Statement 941.

The proponent is in compliance with the Compliance Assessment Plan.

As the project has not commenced pre-construction activities yet, the majority of the actions are not yet relevant.Section 4.0 sets out the status of required Management Plans/Programs, and Section 5.0 reports on monitoringcompliance.

This plan includes updates as per the review of the Compliance Plan in May 2015 and includes minor updates.



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G:\60212828 - Derby Tidal Env Serv\8 Issued Docs\8.1 Reports\Compliance Report\Compliance Assessment Report October 2015\Compliance Assessment Report October 2015 Rev 1.docxRevision Rev 1 – 02-Nov-2015Prepared for – Tidal Energy Australia – ABN: 76 067 829 145

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Audit Code Subject Requirement How Evidence Required by Phase Timeframe Status Further Information

941:M1.1 ProposalImplementation

When implementing the proposal, the proponent shallnot exceed the authorised extent of the proposal asdefined in Column 3 of Table 2 in Schedule 1, unlessamendments to the proposal and the authorised extentof the Proposal has been approved under the EP Act.

As per Schedule 1 ofMS 941

Compliance Report Min for Env Overall Ongoing NR Not yet commenced

941:M2.1 Contact Details The proponent shall notify the CEO of any change of itsname, physical address or postal address for theserving of notices or other correspondence within 28days of such change. Where the proponent is acorporation or an association of persons, whetherincorporated or not, the postal address is that of theprincipal place of business or of the principal office inthe State.

Provide writtennotification with details ofthe changes

Correspondence to theOEPA

CEO Overall Within 28 days ofsuch change

NR No changes made

941:M3.1 Time Limit for ProposalImplementation

The proponent shall not commence implementation ofthe proposal after the expiration of 5 years from thedate of this statement, and any commencement, withinthis 5 year period, must be substantial.

Provide writtennotification to indicatecommencement ofProject.


CEO Pre-Construction

22 July 2018 NR Not yet commenced

941:M3.2 Compliance Reporting Any commencement of implementation of the proposal,within 5 years from the date of this statement, must bedemonstrated as substantial by providing the CEO withwritten evidence, on or before the expiration of 5 yearsfrom the date of this statement.

Provide writtennotification to indicatecommencement ofProject.



22 July 2018 NR Not yet commenced

941.M4.1 Compliance Reporting The proponent shall prepare and maintain a complianceassessment plan to the satisfaction of the CEO.

Correspondence with theOEPAPreparation of aCompliance AssessmentPlan and an audit table incompliance with therequirements of theOEPA.

Completed andApproved ComplianceAssessment Plan(CAP) Audit Table (thisdocument).

ComplianceAssessment Report(CAR)

CEO Overall Ongoing C Updated ComplianceAssessment Plan 27May 2015

941:M4.2 Compliance Reporting The proponent shall submit to the CEO the complianceassessment plan required by Condition 4-1 at least sixmonths prior to the first compliance assessment reportrequired by Condition 4-6, or prior to implementation,whichever is sooner.The compliance assessment plan shall indicate:- the frequency of compliance reporting- the approach and timing of compliance

assessments- the retention of compliance assessments- the method of reporting of potential non-

compliances and corrective actions taken- the table of contents of compliance assessment

reports- public availability of compliance assessment

reports.

Construct the CAP inaccordance with criteria.

Correspondence to theOEPAApproved CAP


By 22 April 2014or prior to grounddisturbingactivities,whichever issooner

C ComplianceAssessment Plan 28November 2013Updated 27 May2015

941:M4.3 Compliance Reporting The proponent shall assess compliance with conditionsin accordance with the compliance assessment planrequired by Condition 4-1.

As specified in CAP Overview provided inCAR

Min for Env Overall First report due 22Oct 2014 withsubsequentreports due on anannual basis.Reports required6 monthly duringConstruction.

C This report



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941:M4.4 Compliance Reporting The proponent shall retain reports of all complianceassessments described in the compliance assessmentplan required by Condition 4-1 and shall make thosereports available when requested by the CEO.

As specified in CAP Availability at therequest of the CEO

CEO Overall Ongoing C Project not yetcommenced

941:M4.5 Compliance Reporting The proponent shall advise the CEO of any potentialnon-compliance within seven days of that non-compliance being known.

As specified in CAP Correspondence toOEPAOverview provided inCAR

CEO Overall Within 7 days ofnon-compliancebeing known

C No non-compliancesto report

941:M4.6 Compliance Reporting Subject to Condition 4-7, the proponent shall submit tothe CEO the first compliance assessment report 15months from the date of issue of this Statementaddressing the 12 month period from the date of issueof this Statement and then annually from the date ofsubmission of the first compliance assessment report.The compliance assessment report shall:- be endorsed by the proponent's Managing

Director or a person delegated to sign on theManaging Director's behalf

- include a statement as to whether the proponenthas complied with the conditions

- identify all potential non-compliances and describecorrective and preventative actions taken

- be made publicly available in accordance with theapproved compliance assessment plan

- indicate any proposed changes to the complianceassessment plan required by Condition 4-1.

As specified in CAP Endorsement in CARCAR availability onProponent website

Correspondence forprovision of CAR toDER Library and OEPACompliance Branch.

CEO Overall First report due 22Oct 2014 withsubsequentreports due on anannual basis.Reports required6 monthly duringConstruction.

C This report andendorsement letter

941:M4.7 Compliance Reporting Without limiting condition 4-6, during the construction ofthe proposal, the proponent shall submit a compliancereport, which satisfies the requirements of conditions 4-6(1) to (5), every 6 month period from the date ofcommencement of construction up and until the date ofcommissioning of the proposal.

As specified in CAP Endorsement in CAR

CAR availability onProponent website

Correspondence forprovision of CAR toDER Library and OEPACompliance Branch.

CEO Construction Six monthly fromthe date ofcommencement ofConstruction

NR Construction not yetcommenced -compliance

941:M5.1 Public Availability ofData

Subject to Condition 5-2, within a reasonable timeperiod approved by the CEO of the issue of thisstatement and for the remainder of the life of theproposal the proponent shall make publicly available, ina manner approved by the CEO, all validatedenvironmental data (including sampling design,sampling methodologies, empirical data and derivedinformation products (e.g. maps)) relevant to theassessment of this proposal and implementation of thisStatement.

Provide writtennotification to the OEPAoutlining availability ofdata.Provide copies ofvalidated environmentaldata relevant to MS 941on the TEA website.

Availability of data onProponent website

Correspondence toOEPA


Prior to grounddisturbingactivities,whichever issooner

C Construction not yetcommenced -compliance



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941.M5.2 Public Availability ofData

If any data referred to in Condition 5-1 containsparticulars of:- a secret formula or process- confidential commercially sensitive information;- the proponent may submit a request for approval

from the CEO to not make this data publicallyavailable. In making such a request the proponentshall provide the CEO with an explanation andreasons why the data should not be madepublically available.

Provide writtencorrespondence to theOEPA to request dataprivacy.


CEO Ongoing Prior toimplementation of5-1

NR Noted – as yet notrequired

941.M6.1 Infra-structure Plan andPower StationOperating Strategy

Prior to the construction of the proposal, unlessotherwise approved by the CEO, the proponent shallprepare a final Infrastructure Plan which is to beapproved by the CEO, on advice of the Department ofTransport. The final Infrastructure Plan shall include thedetails, locations, height, and extent of the proposalelements as listed in Schedule 1 including the areas tobe excavated, dredged and to receive disposal ofdredged material.

Prepare a finalInfrastructure Plan withguidance from DoT.Provide finalInfrastructure Plan toOEPA for approval.

Correspondence fromOEPA indicatingApproval ofInfrastructure Plan

CompletedInfrastructure Plan

CEO withadvice fromDoT

Pre-Construction

Before grounddisturbingactivities

NR Infrastructure Planand Power StationOperating Strategystill to be completed

941.M6.2 Infrastructure Plan andPower StationOperating Strategy

Prior to the construction of the proposal, unlessotherwise approved by the CEO, the proponent shallprepare a Power Station Operating Strategy which is tobe approved by the CEO.The Operating Strategy shall describe the manner andprocedures in which the basins will be managed forpower generation and the effect the procedures willhave on the new tidal regime in the basins of Doctor'sCreek.

Prepare a final PowerStation OperatingStrategy.

Completed PowerStation OperatingStrategy

Correspondence fromOEPA indicatingApproval of PowerStation OperatingStrategy


Prior to grounddisturbingactivities

NR Infrastructure Planand Power StationOperating Strategy tobe completed


The Operating Strategy in Condition 6-2 shall include:- the new tidal ranges and submergence curves in

the high and low basins as a result of operatingthe proposal

- modelled tidal flows under a range of scenarios- using contemporary bathymetry and elevation

data, delineate on a plan the new intertidal zonesfor both basins

- procedures which minimises ongoing dustgeneration.

Prepare a Power StationOperating Strategy inaccordance with criteria.

Completed PowerStation OperatingStrategy





The Proponent shall provide the CEO with theapproved Infrastructure Plan required in Condition 6-1and spatial data locating all the infra-structureelements, including areas to be dredged and to receivedredge material, in a Geographical Information System(GIS) compatible format specified by the CEO.

Provide InfrastructurePlan along with spatialdata to the CEO throughelectronic submission tothe Compliance Branch





941.M6.5 Infra-structure Plan andPower StationOperating Strategy

The Proponent shall construct the proposal elementslisted in Schedule 1 consistent with the approvedInfrastructure Plan.

Ensure Project designand construction plansalign with the approvedInfrastructure Plan.Cross check ‘as-built’records against approvedInfrastructure Plan

Project designdrawings

‘As-built’documentation

CEO Construction Atcommencement ofconstruction




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The Proponent shall provide the CEO with theapproved Power Station Operating Strategy required inCondition 6-2 including the spatial data locating the newintertidal zones for both basins in Condition 6-3, in aGeographical Information System (GIS) compatibleformat specified by the CEO.

Provide Power StationOperating Strategy alongwith spatial data to theCEO through electronicsubmission to theCompliance Branch






The proponent shall operate the proposal consistentwith the approved Power Station Operating Strategy,and its approved revisions.

Implement Power StationOperating Strategy andensure procedures andsystems support thestrategy.

Record ofimplementation ofPower StationOperating Strategy

CEO Operation Atcommencement ofoperation



Within 14 months following the commencement ofoperations, the proponent shall review the approvedPower Station Operating Strategy and submit a reportto the CEO on the findings of the trials, surveys andmonitoring required by Conditions 9-6, 9-12 and 10-6that are relevant to the Operating Strategy, and includerecommendations for revising the approved OperatingStrategy in Condition 6-9.

Prepare a Review Reportof the approved PowerStation OperatingStrategy against theresults of trial, survey andmonitoring requirementsin Conditions 9-6, 9-12and 10-6 relevant to theOperating Strategy.Provide results of thisreview and the trials,surveys and monitoringto the OEPA along withrecommendations forrevising the approvedOperating Strategy.

Power StationOperating StrategyReview Report.


CEO Operation Within 14 monthsof commencementof operation

NR Operation not yetcommenced


The proponent shall submit a revised Power StationOperating Strategy for the approval of the CEO whichincorporates the findings of the review required inCondition 6-8, within the first 16 months following thecommencement of operations.

Revise the Power StationOperating Strategy toincorporate the findingsof the review required byCondition 6-8.Provide a revised PowerStation OperatingStrategy to the OEPA.

Revised Power StationOperating Strategy


CEO Operation Within 16 monthsof commencementof operation

NR Operations not yetcommenced

941.M7.1 State of the MangroveHabitat Surveys

At least six months prior to the commencement of anyconstruction works, unless otherwise approved by theCEO, the proponent shall prepare a Scope of Works forsurveys of the mangrove habitats, as detailed incondition 7-3 for the approval of the CEO.

Prepare a Scope ofWorks for surveys of themangrove habitats.

Completed Scope ofWorks



6 months prior toground disturbingactivities

C State of theMangrove HabitatSurveys not yetcommenced

941.M7.2.1 State of the MangroveHabitat Surveys

The surveys of the mangrove habitats are to beconducted in accordance with the approved Scope ofWorks at the times as indicated below, unlessotherwise approved by the CEO, so as to establish thefollowing:- the baseline state of the mangrove habitats prior

to the commencement of any construction worksthat may impact on mangrove habitats.

Undertake BaselineMangrove Survey as perthe scope of works.

Baseline MangroveSurvey report



NR State of theMangrove HabitatSurveys not yetcommenced



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941.M7.2.2 State of the MangroveHabitat Surveys

The surveys of the mangrove habitats are to beconducted in accordance with the approved Scope ofWorks at the times as indicated below, unlessotherwise approved by the CEO, so as to establish thefollowing:the first and second operations phase state of themangrove habitats.

Undertake twoOperations PhaseMangrove Surveys as perthe scope of works.

Survey reports CEO Operations During the firstand secondoperations phases



The Scope of Works for surveys of the mangrovehabitats required in condition 7-1 shall include thefollowing, with regard to when the survey is conducted:- procedures and methods for the collection of

quantitative environmental data for:- soil salinity along permanent transects- hydrodynamic conditions including direction and

velocity of water currents- the physical characteristics of sediments

suspended in the water column and deposited onthe benthos

- the natural and development-influenced rates,and spatial and temporal patterns of net sedimentdeposition and erosion

- the spatial extent, distribution, communitycomposition, natural variability includingseasonality and health of mangrove communities

- the preparation of mangrove habitat maps;- establishment of permanent transects with

appropriate replication to account for diversity ofmangrove communities and statistical robustness

- timing for the implementation and completion ofthe surveys having regard to the types andsequence of surveys referred to in condition 7-2

- procedures for the use of survey data to assesscompliance with relevant environmental protectionoutcomes in condition 9-4

- timing and frequency of reporting to the CEO.

Prepare scope of worksto meet criteria.

Completed Scope ofWorks


6 months prior toground disturbingactivities

C State of theMangrove HabitatSurveys not yetcommenced


Prior to the commencement of construction and inaccordance with the approved Scope of Works requiredunder condition 7-1, the Proponent shall undertake thebaseline state of the mangrove habitats survey.

Undertake BaselineMangrove Survey as perthe Scope of Works.

Baseline MangroveSurvey report





At the time specified by the approved Scope of Worksand in accordance with the approved Scope of Works,the Proponent shall undertake the surveys for the firstoperations phase state of the mangrove habitats.

Undertake the FirstOperations PhaseMangrove Survey as perthe scope of works.

First OperationsMangrove Surveyreport

CEO Operations Following thecommissioning ofthe proposal



Within 5 years following completion of construction inaccordance with the approved Scope of Works, theProponent shall undertake a second operational phasestate of the mangrove habitats survey to determinecompliance with the environmental protection outcomesset in condition 9-4.

Undertake the SecondOperations PhaseMangrove Survey as perthe scope of works.

Second OperationsMangrove Surveyreport

CEO Operations Within 5 yearsfollowingcompletion ofconstruction

NR Construction not yetcommenced



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The Proponent shall report the findings of the baselinestate of the mangrove habitats survey required bycondition 7-4 to the CEO within three months of havingcompleted that survey.

Provide BaselineMangrove Survey to theCEO through electronicsubmission to theCompliance Branch



Within 3 monthsof conductingBaselineMangrove Survey



The Proponent shall report the findings of subsequentstate of the mangrove habitats surveys required byconditions 7-4, 7-5 and 7-6 and include in each reportan appraisal of compliance with environmentalprotection outcomes set in condition 9-4 having regardto any relevant approved revised environmentalprotection outcome, to the CEO within three months ofhaving completed each survey.

Provide subsequentmangrove survey reportsto the CEO throughelectronic submission tothe Compliance Branch.Include in survey reportsan assessment of thecompliance withenvironmental protectionoutcomes set inCondition 9-4.


CEO Pre-Constructionand Operations

Within 3 monthsof conductingeach mangrovesurvey



Prior to commencing operations, the proponent shallsubmit for the approval of the CEO a revised Scope ofWorks in condition 7-3 which includes an operationsphase program of ongoing surveys of the state ofmangrove habitats based on the findings submitted forcondition 7-8.

Prepare a revised Scopeof Works for ongoingmonitoring based onfindings of previousmangrove surveys.Provide revised Scope ofWorks to the CEOthrough electronicsubmission to theCompliance Branch.

Revised Scope ofWorks


CEO Construction Prior tocommencement ofoperations


941.M8.1 Sedimentation The proponent shall, at least six months prior to thecommencement of construction works, undertakedetailed hydrodynamic and sedimentation modelling ofthe pre-development short-term and long-term effectsof the proposal on sedimentation and erosion patterns,having regard to the effects of cyclonic conditions, inareas:- surrounding the proposal (near the entrance to

Doctor's Creek and in King Sound)- in Doctor's Creek (including the new high and low

basins).- The hydrodynamic and sedimentation modelling

will include the relevant quantitative sedimentationand hydrodynamic data in condition 7-3.

Undertake modellingmeeting the criteria.

Cardno 2011,Proposed Derby TidalPower Station Hydro-dynamic and SedimentTransport ModellingReport


6 months prior tothecommencement ofconstructionworks

C Cardno 2011,Proposed Derby TidalPower StationHydrodynamic andSediment TransportModelling Report

941.M8.2 Sedimentation Based on the results of the hydrodynamic andsedimentation modelling in Condition 8-1 identify theareas:- which support mangrove communities and are at

risk of significant erosion and smothering throughsedimentation from the effects of proposal

- where new sedimentary patterns andaccumulations from the proposal would assist inareas which would support mangrove colonisation.

Identify areas as per thecriteria.

Sinclair Knight Merz2011, Derby TidalPower, Assessment ofMangrove changes inDoctors Creek between1997 and 2010


Followingcompletion ofmodelling inCondition 8.1

C Sinclair Knight Merz2011, Derby TidalPower, Assessmentof Mangrove changesin Doctors Creekbetween 1997 and2010

941.M8.3* Sedimentation The Proponent shall provide the CEO with theapproved areas required in Condition 8-2(1) and (2)and spatial data locating the areas, in a GeographicalInformation System (GIS) compatible format specifiedby the CEO.

Provide the OEPA withspatial data



Followingcompletion ofmodelling inCondition 8.1

NR Spatial data includedwith this report



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941.M9.1 Mangrove habitats Prior to the commencement of construction, theproponent shall identify the:- Zone of High Impact - the area where direct and

indirect impacts from the proposal on mangrovecommunities are predicted to be irreversible. Theterm irreversible is defined as 'lacking a capacityto return or recover to a state resembling that priorto being impacted within a timeframe of five yearsor less

- Zone of Moderate Impact - the area within whichpredicted impacts on mangrove communities aresub-lethal, and/or the impacts are recoverablewithin a period of five years following completionof the construction of the proposal

- Zone of Mangrove Establishment - the areawhere, because of the new tidal regime,sedimentation areas and proposal infrastructure,will be available for and be colonised by mangrovecommunities, and submit the zones for approval ofthe CEO.

Prepare a report on thezones of impact.Provide report to theCEO through electronicsubmission to theCompliance Branch

Sinclair Knight Merz2011, Derby TidalPower, Assessment ofMangrove changes inDoctors Creek between1997 and 2010


Prior tocommencement ofground disturbingactivities

C Spatial data includedwith previous CAR

941.M9.2 Mangrove habitats The CEO may, having regard to a report submitted bythe proponent, approve revised Zones of High andModerate Impact to have effect for the purpose ofcondition 9-1.

Provide writtencorrespondence to theOEPA to requestapproval of revisedzones.


CEO Ongoing As required NR Not yet undertaken

941.M9.3 Mangrove habitats The Proponent shall provide the CEO with a map of theapproved zones in condition 9-1, and any revised zonesapproved in Condition 9-2, and spatial data locating thezones, in a Geographical Information System (GIS)compatible format specified by the CEO.




Followingcompletion ofCondition 9.1 and(if required) 9.2

NR Spatial data includedwith this report

941.M9.4.1 Mangrove habitats The proponent shall ensure the construction andoperation of the proposal achieves the followingenvironmental protection outcomes:- No irreversible loss of, or serious damage to,

mangrove habitats outside the Zone of HighImpact.

Conduct ongoingmonitoring of mangrovecommunities.

Ongoing monitoringreports

CEO Ongoing DuringConstruction andOperationsphases


941.M9.4.2 Mangrove habitats The proponent shall ensure the construction andoperation of the proposal achieves the followingenvironmental protection outcomes:- The establishment of self-sustaining1 mangrove

communities which stabilise the creeks andprovide suitable habitat for native fauna in theZone of Mangrove Establishment, within 10 yearsfrom the date of the completion of construction.

1 self-sustaining means permanent and stablemangrove communities which grow and persist withouthuman management or intervention beyond that whichwould be required to maintain comparable undisturbedmangrove communities.

Establish mangrovecommunities to thecriteria.Monitor establishedmangrove communities.

Mangrove communitymonitoring results.

CEO Operation Within 10 years ofcompletion ofconstruction




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941.M9.5 Mangrove habitats To demonstrate the environmental protection outcomein condition 9-4(1) has been met, the proponent shallprepare a monitoring plan for mangrove health andsedimentation for the approval of the CEO, prior to thecommencement of construction.The monitoring plan shall include:- mangrove health and net sedimentation

monitoring locations at:- Zone of Moderate Impact monitoring sites - at

locations where mangrove communities are foundand which are outside and as close as practicableto the Zone of High Impact

- Reference monitoring sites - at locations which aresimilar to each impact monitoring site in allrespects including mangrove associations andwhich do not have the potential to be affected bythe implementation of the proposal or any otheractivities that may affect mangrove health

- the use of permanent relocatable quadrats andtransects for repeat measures of mangrove healthhaving regard for baseline mangrove habitatsurveys required in condition 7-4

- the methodology for subsequent surveys formangrove health and net sedimentation at theimpact and reference monitoring sites referred toin condition 9-5(1)

- the frequency for monitoring mangrove health andnet sedimentation

- indicators of mangrove health, and managementtrigger levels for indicators of mangrove healthmanagement trigger levels for sedimentation anderosion.

Prepare mangrovemonitoring plan to includesections as per Condition9-5.Provide monitoring planto the CEO throughelectronic submission tothe Compliance Branch

Completed Mangrovemonitoring plan




NR Monitoring Plan notyet prepared

941.M9.6 Mangrove habitats The proponent shall implement the monitoring planrequired by condition 9-5 prior to the commencement ofconstruction until such time as the CEO determines thatmonitoring actions may cease.

Implement the monitoringplan

Regular reports onmonitoring

CEO Overall Prior toconstruction untilapproval to stopmonitoring


941.M9.7 Mangrove habitats Prior to the commencement of construction, theproponent shall submit a report on the results ofbaseline surveys of mangrove health and netsedimentation from the potential impact and referencemonitoring sites required by condition 9-6.

Include reference toongoing monitoring sitesin Baseline MangroveSurveyProvide BaselineMangrove Survey to theCEO through electronicsubmission to theCompliance Branch



In line withsubmission ofBaselineMangrove Survey(Condition 7-7)


941.M9.8.1 Mangrove habitats In the event that monitoring required by condition 9-6indicates a trigger level has been reached:- the proponent shall report such findings to CEO

within 14 days of the trigger level being reachedbeing identified

Notify the CEO in theevent of a monitoringtrigger level beingreached in accordancewith the CAP.


CEO Overall Immediatelyfollowingmonitoring resultsidentifying thattrigger levelsbeing reached.




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941.M9.8.2 Mangrove habitats In the event that monitoring required by condition 9-6indicates a trigger level has been reached:- the proponent shall provide evidence which allows

determination of the circumstance which causedthe trigger levels to be reached

Prepare an incidentreport identifying thecause of trigger levelsbeing reached.Submit incident report tothe CEO throughelectronic submission tothe Compliance Branch.


CEO Overall Within 7 days ofmonitoringobserved to bereaching triggerlevels


941.M9.8.3 Mangrove habitats In the event that monitoring required by condition 9-6indicates a trigger level has been reached:- if determined by the CEO to be attributable to the

proposal, the proponent shall submit any actionsto be taken to address the net increase insedimentation or decline in mangrove healthwithin 14 days of the determination being made tothe CEO

Prepare an Action Plan toaddress the cause andimpacts of the triggerlevels being reached.Submit action plan to theCEO through electronicsubmission to theCompliance Branch.

Trigger level ActionPlan


CEO Overall Within 14 days ofCEOdetermination


941.M9.8.4 Mangrove habitats In the event that monitoring required by condition 9-6indicates a trigger level has been reached:- the proponent shall implement actions to address

the net increase in sedimentation or decline inmangrove health upon approval of the CEO andshall continue implementing the approved actionsuntil such time as the CEO determines that theapproved actions may cease.

Implement trigger levelaction plan and monitorsuccess.Provide evidence toOEPA that requirementsof Action Plan have beenmet.

Monitoring results


CEO Overall Following OEPAsign-off on ActionPlan untilagreement fromCEO that actionscan be completed.


941.M9.9 Mangrove habitats The proponent shall submit bi-annually, or at afrequency defined to the satisfaction of the CEO, theresults of monitoring required by condition 9-6 to theCEO, until such time as the CEO determines thatreporting may cease.

Prepare reports onmonitoring results.

Monitoring reports CEO Operation Bi-annually –commencing priorto constructionand continuinguntil approval tostop monitoring


941.M9.10 Mangrove habitats -Zone of MangroveEstablishment

In order to optimise the successful establishment ofmangroves in the Zone of Mangrove Establishment incondition 9-1(3) and meet the environmental protectionoutcome in condition 9-4(2), the proponent shallprepare a Mangrove Research and EstablishmentProgram to be approved by the CEO prior to thecommencement of construction. The Program shall:- identify research trials and investigations into

mangrove recruitment and colonisation in Doctor'sCreek

- identify strategies and measures to be undertakenduring the management of the proposal (includingin the Power Station Operating Strategy requiredby condition 6-2 and its approved revisions)

- include an implementation program for theresearch trials in condition 9-10(1) and strategiesand measures identified in condition 9-10(2)

- include an ongoing monitoring program formangrove colonisation in the Zone of MangroveEstablishment to determine compliance with theenvironmental protection outcome in condition 9-4.

Prepare a MangroveResearch andEstablishment Programto be approved by theCEO.Submit program to theCEO through electronicsubmission to theCompliance Branch.

Mangrove Researchand EstablishmentProgram



NR Mangrove Researchand EstablishmentProgram not yetcommenced



16



In relation to condition 9-10(1), the proponent shallundertake research trials and investigations in thefollowing areas:- The conditions required for mangrove propagule

recruitment in newly available areas including anunderstanding of flowering and fruiting times oftarget mangrove species.

- Present and future soil conditions after theconstruction of the barrages, including soilproperties such as moisture, texture andchemistry.

- Strategies for the protection of juvenile plants fromeffects that reduce viability, e.g. Contamination,siltation, wind and tidal erosion, excessivetemperature evaporation and insolation.

- Establish the relationship between elevation, soilsalinity, soil hydrology and occurrence ofmangrove communities.

- Opportunities for earthworks in the creeks toincrease the areas suitable for and linear extent ofmangroves habitats.

Undertake research trialsand investigations as perCondition 9-11.


CEO Overall Prior tocommencement ofground disturbingactivities



The proponent shall commence implementation of theMangrove Research and Establishment Program priorto the commencement of construction.

Implement the MangroveResearch andEstablishment Program.






The proponent shall report on the outcomes of theresearch and investigations, monitoring andimplementation of strategies required by condition 9-10as part of the compliance assessment report requiredby condition 4-6.

Include reports on theMangrove Research andEstablishment Programin the annual CAR

Finalised CAR CEO Overall First report due 22Oct 2014 withsubsequentreports due on anannual basis.Reports required6 monthly duringConstruction.Continue untilcompletion ofresearch.




17


941.M10.1 Marine EnvironmentalQuality – Construction

Prior to the construction of the proposal, the proponentshall submit for the approval of the CEO, a ConstructionMarine Environmental Quality Management andMonitoring Plan to maintain the quality of waters,sediment and/or biota in Doctors Creek and King Soundso that the environmental values are protected duringthe construction of the proposal.The management and monitoring plan shall include:- a threat assessment from marine construction

activities and baseline sediment and water qualitydata for indicators relevant to identified threatsover a number of tidal cycles and seasons

- protocols and procedures for monitoring andevaluating the quality of water and sediment inmarine waters surrounding the proposal duringconstruction

- environmental quality indicators and associatedtrigger levels based on the guidelines andrecommended approaches in the Australian andNew Zealand Guideline for Fresh and MarineWater Quality (ANZECC and ARMCANZ, 2000)and the State Water Quality Management StrategyDocument No. 6 for assessing performanceagainst the environmental quality objectives

- the reporting procedures, including the format,timing, and frequency for the reporting ofmonitoring data against the relevant trigger levelsand environmental quality objectives

- development of construction managementmeasures and contingency actions to beimplemented in the event that any trigger levelsand environmental quality objectives referred to inCondition 10-1(3) are not met

- location of impact and reference monitoring sites.

Prepare a ConstructionMarine Environment-alQuality Management andMonitoring Plan as perCondition 10-1.Submit plan to the CEOthrough electronicsubmission to theCompliance Branch.

Construction MarineEnvironmental QualityManagement andMonitoring Plan




NR Construction MarineEnvironmental QualityManagement andMonitoring Plan notyet commenced


The proponent shall implement the approvedConstruction Marine Environmental QualityManagement and Monitoring Plan required by condition10-1 until such time as the CEO determines thatmonitoring and construction management actions maycease.

Implement theConstruction MarineEnvironmental QualityManagement andMonitoring Plan.

Construction MarineEnvironmental QualityManagement andMonitoring Plan

CEO Construction Atcommencement ofconstruction untilapproval to cease

NR Construction MarineEnvironmental QualityManagement- andMonitoring Plan notyet commenced



18



In the event that monitoring required by condition 10-2,indicates that the environmental quality objectives incondition 10-1(3) are not being met or are unlikely to bemet, the proponent shall report the finding to the CEOwithin seven working days, along with a description ofthe management and contingency actions to be takento meet the required level of environmental quality.

Notify the CEO in theevent of environmentalquality objectives notbeing met in accordancewith the CAP.

Notification reportCorrespondence toOEPA

CEO Construction Within 7 days ofidentifying that theenvironmentalobjectives notbeing met.



The proponent shall submit monitoring results requiredby condition 10-1(4) as part of its annual complianceassessment report required by condition 4-6.

Include monitoring resultsin the annual CAR

Finalised CAR CEO Overall First report due 22Oct 2014 withsubsequentreports due on anannual basis.Reports required6 monthly duringConstruction.Continue untilcompletion ofmonitoring.

NR Monitoring has notbeen commencedprior to projectenvironmentalapproval



19


941.M10.5 Marine EnvironmentalQuality – Operations

Prior to the commissioning of the proposal, theproponent shall submit for the approval of the CEO anOperations Marine Environmental Quality Managementand Monitoring Plan to manage the ongoing impacts ofthe proposal on marine environmental quality in DoctorsCreek and King Sound. The management andmonitoring plan shall include:- a threat assessment from operational activities

and baseline sediment and water quality data forindicators relevant to identified threats over anumber of tidal cycles and seasons

- hydrodynamic modelling in Doctor's Creek todetermine areas of potential water quality concern,including the potential accumulation ofmonosulfidic material;

- protocols and procedures for monitoring andevaluating the quality of water and sediment inmarine waters in and surrounding the proposalduring operations;

- environmental quality indicators and associatedtrigger levels based on the guidelines andrecommended approaches in the Australian andNew Zealand Guideline for Fresh and MarineWater Quality (ANZECC and ARMCANZ, 2000)and the State Water Quality Management StrategyDocument No. 6 for assessing performanceagainst the trigger levels;

- the reporting procedures, including the format,timing, and frequency for the reporting ofmonitoring data against the relevant trigger levelsand environmental quality objectives;

- development of management measures andcontingency actions to be implemented in theevent that any trigger levels are not met;

- management measures shall include proceduresto minimise the risk of monosulfidic materialaccumulation and measures to treat monosulfidicsediments before dredging and disposal; and


Prepare an OperationsMarine EnvironmentalQuality Management andMonitoring Plan as perCondition 10-5.Submit plan to the CEOthrough electronicsubmission to theCompliance Branch.

Operations MarineEnvironment-al QualityManagement andMonitoring PlanCorrespondence toOEPA

CEO Construction Prior tocommissioning ofproposal

NR Operations MarineEnvironmental QualityManagement andMonitoring Plan notyet commenced


The proponent shall implement the approvedOperations Marine Environmental Quality Managementand Monitoring Plan required by condition 10-5 duringthe operation of the proposal.

Implement theOperations MarineEnvironment-al QualityManagement andMonitoring Plan.

Operations MarineEnvironment-al QualityManagement andMonitoring Plan

CEO Operations At commissioningof proposal

NR Operations MarineEnvironment-alQuality Managementand Monitoring Plannot yet commenced


In the event that monitoring required by condition 10-6,indicates that the trigger levels in condition 10-5(4) arenot being met or are unlikely to be met, the proponentshall report the finding to the CEO within seven workingdays, along with a description of the management andcontingency actions to be taken to meet the requiredlevel of environmental quality.

Notify the CEO in theevent of environmentalquality objectives notbeing met in accordancewith the CAP.

Notification report


CEO Operations Within 7 days ofidentifying that theenvironmentalobjectives notbeing met.

NR


The proponent shall submit monitoring results requiredby condition 10-6 as part of its annual complianceassessment report required by condition 4-6.


Finalised CAR CEO Operations During operationson an annualbasis.

NR Monitoring not yetcommenced



20


941.M11.1 Groundwater Quality The proponent shall ensure that groundwater quality inDerby is not adversely affected by the construction andoperation of the proposal.

Ensure no impact togroundwater quality inDerby as a result of theproposal.

Groundwatermonitoring results

CEO Overall Duringconstruction andoperation ofproposal

NR Monitoring not yetcommenced

941.M11.2 Groundwater Quality To ensure the requirement of condition 11-1 is met, theproponent shall, prior to undertaking constructionactivities for the proposal, submit for approval of theCEO a Groundwater Monitoring and Management Plan.The Groundwater Monitoring and Management Planshall include:- baseline groundwater quality including the location

of the pre- development freshwater I saltwaterinterface;

- the identification of trigger levels for groundwaterlevels and salinity;

- monitoring of water levels and salinity in aquifersto detect changes in the freshwater I saltwaterinterface; and

- contingency actions in the event the requirementsof condition 11-1 are not met or unlikely to be met.

Prepare a GroundwaterMonitoring andManagement Plan.Submit plan to the CEOthrough electronicsubmission to theCompliance Branch.

GroundwaterMonitoring andManagement Plan.




NR GroundwaterMonitoring andManagement Plan notyet commenced

941.M11.3 Groundwater Quality The proponent shall implement the GroundwaterMonitoring and Management Plan required by condition11-2 until such time as the CEO determines thatmonitoring and construction actions may cease.

Implement theGroundwater Monitoringand Management Plan.

GroundwaterMonitoring andManagement Plan

CEO Construction Duringconstruction untilapproval to cease

NR GroundwaterMonitoring andManagement Plan notyet commenced

941.M11.4.1 Groundwater Quality In the event that monitoring required by condition 11-3indicates that the requirements of condition 11-1 is notbeing met:- the proponent shall report such findings to the

CEO within 21 days of the potential non-achievement being detected.

Notify the CEO in theevent of a non-achievement beingdetected in accordancewith the CAP.


CEO Overall Within 21 days ofthe potential non-achievementbeing detected.


941.M11.4.2 Groundwater Quality In the event that monitoring required by condition 11-3indicates that the requirements of condition 11-1 is notbeing met:- the proponent shall provide evidence which allows

the determination of the cause of the non-achievement of condition 11-1.

Prepare an incidentreport identifying thecause of the potentialnon-achievement.Submit incident report tothe CEO throughelectronic submission tothe Compliance Branch.


CEO Overall Within 21 days ofthe potential non-achievementbeing detected.

NR Construction andmonitoring not yetcommenced

941.M11.4.3 Groundwater Quality In the event that monitoring required by condition 11-3indicates that the requirements of condition 11-1 is notbeing met:- if determined by the CEO to be a result of the

activities undertaken in implementing the proposalthe proponent shall submit actions to beundertaken to remediate any significant changesto groundwater quality and the provision ofalternative potable water supply within 21 days.

Prepare an Action Plan toaddress the cause andimpacts potential non-achievement and identifyan alternative potablewater supply.Submit action plan to theCEO through electronicsubmission to theCompliance Branch.

Action Plan


CEO Overall Within 21 days ofCEOdetermination




21


941.M11.5 Groundwater Quality The proponent shall implement remedial actionsrequired by condition 11-4 as necessary to allow thepre-existing groundwater quality to be restored to thesatisfaction of the CEO.

Implement remedialactions and monitorsuccess.Provide evidence toOEPA that pre-existinggroundwater quality hasbeen restored.

Monitoring results


CEO Overall Following OEPAsign-off on ActionPlan untilagreement fromCEO that actionscan be completed.


941.M11.6 Groundwater Quality The proponent shall submit monitoring results requiredby condition 11-3 as part of its annual complianceassessment report required by condition 4-6.


Finalised CAR CEO Operations During operationson an annualbasis.


941.M12.1 Fauna Prior to the construction of the proposal the proponentshall submit for approval of the CEO operationalstrategies and a plan for the installation of marine faunaexclusion devices to prevent the passage of marinefauna through the turbines.

Prepare operationalstrategies and plan asper the condition.Submit strategies andplan to the CEO throughelectronic submission tothe Compliance Branch.

Marine FaunaOperational Strategiesand Plan




NR Marine FaunaOperationalStrategies and Plannot yet commenced

941.M12.2 Fauna The proponent shall implement the approvedoperational strategies and plan during the constructionand operation of the proposal.

Implement operationalstrategies and plan.

Marine FaunaOperational Strategiesand Plan

CEO Overall Duringconstruction andoperation ofproposal

NR Marine FaunaOperationalStrategies and Plannot yet commenced

941.M12.3 Fauna Within 3 months following the completion ofconstruction, the proponent shall provide the CEO witha performance report on the approved Plan required incondition 12-1 which contains evidence showing theinstallation of the marine fauna exclusion devicesrequired by condition 12-2.

Prepare a performancereport on the approvedplan.

Report on MarineFauna OperationalStrategies and Plan

CEO Operation Within 3 monthsof completion ofconstruction.


941.M12.4 Fauna Prior to the commencement of construction theproponent shall prepare a Fauna Management Plan tobe approved by the CEO. The plan shall include:- the methodology of baseline and ongoing

vertebrate fauna surveys;- identification of significant and migratory fauna

populations and their distributions- measures to protect fauna from the effects of

vegetation clearing, noise, vibration, light overspill,infrastructure, including any trenching associatedwith the burial of pipelines and any other impacts

- identification of suitable means of ensuring theappropriate protection of fauna in the new basins

- monitoring and reporting the success of theagreed means of appropriate protection employed,including the recording and reporting death andinjury of any fauna protected under the WildlifeConservation Act 1950.

Prepare a FaunaManagement Plan tocondition criteria.Submit FaunaManagement Plan to theCEO through electronicsubmission to thecompliance Branch.Significant SpeciesMitigation and MonitoringPlan prepared, but notyet approved byDepartment of theEnvironment.

Fauna ManagementPlan




NR Fauna ManagementPlan not yetcommenced

941.M12.5 Fauna The proponent shall implement the approved Planrequired by condition 12-4.

Implement FaunaManagement Plan.

Fauna ManagementPlan

CEO Overall Ongoing throughconstruction andoperation ofproposal

NR Fauna ManagementPlan not yetcommenced



22


941.M12.6 Fauna The proponent shall submit monitoring results requiredby condition 12-5 as part of its annual complianceassessment report required by condition 4-6.


Finalised CAR CEO Operations First report due 22Oct 2014 withsubsequentreports due on anannual basis.Reports required6 monthly duringConstruction.


941.M13.1 Power TransmissionInfrastructure

Prior to the construction of the power transmissioninfrastructure element of the proposal, the proponentshall undertake detailed flora and vegetation surveys inthe proposed transmission infrastructure corridor, inaccordance with Environmental Protection AuthorityGuidance Statement 51 Terrestrial Flora andVegetation Surveys for Environmental ImpactAssessment in Western Australia to identify thelocations of any populations of rare or threatenedcommunities or species, or species of restrictedregional distribution.

Undertake flora andvegetation survey of theproposed transmissioninfrastructure corridor.

Flora and VegetationReport



NR Flora and vegetationsurvey not yetcommenced

941.M13.2 Power TransmissionInfra-structure

The proponent shall record and provide the MGAcoordinates and population details for each occurrenceof rare or threatened communities or species, orspecies of restricted regional distribution to the CEOand the Chief Executive Officer of the DEC in the powertransmission infrastructure corridor, within three monthsof completion of the surveys required by condition 13-1.

Provide electronicrecords as required bythe condition to the CEOof the OEPA and CEO ofthe DPaW.

Correspondence toOEPA and DPaW


Within 3 monthsof completingsurveys requiredby Condition 13-1

NR Flora and vegetationsurvey not yetcommenced


Prior to the construction of the power transmissioninfrastructure, unless otherwise approved by the CEO,the proponent shall prepare a final Power TransmissionInfrastructure Plan which is to be approved by the CEO.The final Plan shall include the details and route of thepower transmission alignment, width of the constructioncorridor, and any supporting infrastructure anddemonstrate to the satisfaction of the CEO, that thetransmission infrastructure has been located to avoid,where practicable, any populations of rare orthreatened communities or species, or species ofrestricted regional distribution identified in condition 13-2.

Prepare a PowerTransmissionInfrastructure Plan tocriteria in the condition.Submit plan to the CEOthrough electronicsubmission to thecompliance Branch.

Final PowerTransmissionInfrastructure Plan



Prior to theconstruction of thetransmission line

NR Power TransmissionInfrastructure Plannot yet commenced


The Proponent shall provide the CEO with theapproved Power Transmission Infrastructure Planrequired in condition 13-3 and spatial data locating theconstruction corridor and the transmissioninfrastructure, in a Geographical Information System(GIS) compatible format specified by the CEO.




Followingcompletion ofCondition 9.1 and(if required) 9.2



The Proponent shall construct the power transmissioninfrastructure listed in Schedule 1 consistent with theapproved Power Transmission Infrastructure Plan incondition 13-3.

Ensure design andconstruction plans alignwith the approvedInfrastructure Plan.Cross check ‘as-built’records against approvedInfrastructure Plan

Project designdrawings

‘As-built’documentation

CEO Construction Atcommencement ofconstruction




23


941.M14.1 GeomorphologicalProcesses

Prior to construction of the proposal, the proponentshall prepare a Geo- heritage Monitoring Program forapproval of the CEO which documents the following:- changes to the inundation patterns occurring in

East and West Doctors Creek- the long-term changes to the erosional processes

occurring in the creeks- identification of a site or a number of sites in King

Sound that may possess similar type-site whichcan be used to continue geologic/ecologicresearch in tidal flats, semi-arid deltaic areas.

Prepare a Geo-heritageMonitoring Program tocondition criteria.Submit Geo-heritageMonitoring Program tothe CEO throughelectronic submission tothe compliance Branch.

Geo-heritageMonitoring Program




NR Geo-heritageMonitoring Programnot yet prepared

941.M14.2 GeomorphologicalProcesses

The proponent shall implement the Geo-heritageMonitoring Program required by condition 14-1.

Implement Geo-heritageMonitoring Program.

Geo-heritageMonitoring Program

CEO Overall Ongoing throughconstruction andoperation ofproposal

NR Geo-heritageMonitoring Programnot yet prepared



24

4.0 Environmental Management Plans/Programs

4.1 Completed Environmental Management Plans/ProgramsCompleted management plans relevant to EPA conditions include:

- Cardno 2011, Proposed Derby Tidal Power Station Hydrodynamic and Sediment Transport Modelling Report(Condition 8.1, 8.2)

- Sinclair Knight Merz 2011, Derby Tidal Power, Assessment of Mangrove changes in Doctors Creek between1997 and 2010 and zone of impact plan (Condition 9.1)

A management program has been prepared as part of the draft Environmental Impact Statement to addressimpacts on Matters of National Environmental Significance (MNES). The set of sub-management plans within theprogram includes:

- Sedimentation and erosion management

- Water quality

- Vegetation management

- Fauna management

- Noise and vibration management

- Emission management

- Waste and hazardous materials.

4.2 Environmental Management Plans/Programs to be completedThe Project is still being assessed under the EPBC Act and as such has not yet commenced. Management plansand strategies still to be completed include:

- Infrastructure Plan and Power Station Operating Strategy (Condition 6.1)

- State of the Mangrove Habitat Surveys (Condition 7.1)

- Endorsement of the Mangrove Habitats Zone of Impact plan by the CEO of the OEPA (Condition 8.3, 9.3)

- mangrove monitoring plan to include sections (Condition 9-5)

- Mangrove Research and Establishment Program (Condition 9.10)

- Construction Marine Environmental Quality Management and Monitoring Plan (Condition 10.1)

- Groundwater Monitoring and Management Plan (Condition 11.2)

- Marine Fauna Operational Strategies and Plan (Condition 12.1)

- Flora and Vegetation Report for transmission line area (Condition 13.1)

- Power Transmission Infrastructure Plan (Condition 13.3)

- Geo-heritage Monitoring Program (Condition 14.1).



25

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26

5.0 Environmental MonitoringEnvironmental Monitoring has not yet commenced. The project is currently waiting for the completion ofenvironmental approvals and will not commence monitoring until it is certain that the project is environmentallyacceptable.



27




28

6.0 EndorsementThis Compliance Assessment Report has been endorsed by the Managing Director of Tidal Energy Australia.

TIDAL ENERGY AUSTRALIA PTY LTD

7 Bayview Vista Ballajura WA 6066

Ph: (61) 08 9249 2990 Fax: (61) 08 9249 4948 Email: [email protected] ABN 76 067 829 145

16 October 2015

Manager Statement Compliance Branch Environmental Protection Authority Locked Bag 10 East Perth Western Australia 6892

Statement 941 - Derby Tidal Power Station Project - Compliance Assessment Report

Dear Sir

As Managing Director of Tidal Energy Australia (TEA), I write to confirm our endorsement of the Compliance Assessment Report prepared by AECOM on behalf of TEA. TEA commits to implementing the Compliance Assessment Plan in full and submits this Compliance Assessment Report as evidence. There have been no non-compliances to report in this reporting period.

Yours sincerely

Brian Rourke Managing Director Tidal Energy Australia Pty Ltd 7 Bayview Vista Ballajura, WA, 6066.

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G:\60212828 - Derby Tidal Env Serv\8 Issued Docs\8.1 Reports\Compliance Report\Compliance Assessment Report October 2014 Rev 0.docx Revision Rev 0 – 16-Oct-2014 Prepared for – Tidal Energy Australia – ABN: 76 067 829 145

Derby tidal Power Project Tidal Energy Australia 16-Oct-2014


AECOM Derby tidal Power Project Compliance Assessment Report



Client: Tidal Energy Australia

ABN: 76 067 829 145

Prepared by AECOM Australia Pty Ltd 3 Forrest Place, Perth WA 6000, GPO Box B59, Perth WA 6849, Australia T +61 8 6208 0000 F +61 8 6208 0999 www.aecom.com ABN 20 093 846 925

16-Oct-2014

Job No.: 60212828

AECOM in Australia and New Zealand is certified to the latest version of ISO9001, ISO14001, AS/NZS4801 and OHSAS18001.

© AECOM Australia Pty Ltd (AECOM). All rights reserved.

AECOM has prepared this document for the sole use of the Client and for a specific purpose, each as expressly stated in the document. No other party should rely on this document without the prior written consent of AECOM. AECOM undertakes no duty, nor accepts any responsibility, to any third party who may rely upon or use this document. This document has been prepared based on the Client’s description of its requirements and AECOM’s experience, having regard to assumptions that AECOM can reasonably be expected to make in accordance with sound professional principles. AECOM may also have relied upon information provided by the Client and other third parties to prepare this document, some of which may not have been verified. Subject to the above conditions, this document may be transmitted, reproduced or disseminated only in its entirety.



Table of Contents 1.0 Introduction 1 2.0 Current Status 3 3.0 Compliance 5

3.1 Audit Table 5 4.0 Environmental Management Plans/Programs 39

4.1 Completed Environmental Management Plans/Programs 39 4.2 Environmental Management Plans/Programs to be completed 39

5.0 Environmental Monitoring 41 6.0 Endorsement 43 Appendix A

Spatial Data A



1

1.0 Introduction This Compliance Assessment Report has been prepared to satisfy the requirements of Condition 4-1 and 4-2 of Ministerial Statement 941 (MS 941). The first CAR is due on the 22 October 2014, dated 15 months from the date of issue of MS 941 (22 July 2013).

4-1 The proponent shall prepare and maintain a compliance assessment plan to the satisfaction of the CEO.

4-2 The proponent shall submit to the CEO the compliance assessment plan required by Condition 4-1 at least six months prior to the first compliance assessment report required by Condition 4-6, or prior to implementation, whichever is sooner.

The compliance assessment plan shall indicate:

a) the frequency of compliance reporting;

b) the retention of compliance assessments;

c) the method of reporting of potential non-compliances and corrective actions taken’

d) the table of contents of compliance assessment reports’ and

e) public availability of compliance assessment reports.

The compliance assessment report shall:

1) be endorsed by the proponent's Managing Director or a person delegated to sign on the Managing Director's behalf

2) include a statement as to whether the proponent has complied with the conditions

3) identify all potential non-compliances and describe corrective and preventative actions taken





2





3

2.0 Current Status The Tidal Energy Australia Derby Tidal Power Station is progressing through the environmental approvals process and is currently out for public comment under the Environment Protection and Biodiversity Conservation Act (EPBC Act). As such the project has not progressed with any on-ground works requiring compliance reporting.

This compliance assessment report addresses the conditions in the following sections:

1) be endorsed by the proponent's Managing Director or a person delegated to sign on the Managing Director's behalf (Section 6.0)

2) include a statement as to whether the proponent has complied with the conditions (Section 3)

3) identify all potential non-compliances and describe corrective and preventative actions taken (Section 3)



This report will be made publically available on the Tidal Energy Australia website.

There have been no changes made to the Compliance Assessment Plan in this reporting period.



4




5

3.0 Compliance

3.1 Audit Table The Audit table provides a compliance and status update for each condition from Implementation Statement 941.

The proponent is in compliance with the Compliance Assessment Plan.

As the project has not commenced pre-construction activities yet, the majority of the actions are not yet relevant. Section 4.0 sets out the status of required Management Plans/Programs, and Section 5.0 reports on monitoring compliance.



6

Audit Code Subject Requirement How Evidence Required by Advice from Phase Timeframe Status

941:M1.1 Proposal Implementation

When implementing the proposal, the proponent shall not exceed the authorised extent of the proposal as defined in Column 3 of Table 2 in Schedule 1, unless amendments to the proposal and the authorised extent of the Proposal has been approved under the EP Act.

As per Schedule 1 of MS 941

Compliance Report Min for Env Overall Ongoing Not yet commenced

941:M2.1 Contact Details The proponent shall notify the CEO of any change of its name, physical address or postal address for the serving of notices or other correspondence within 28 days of such change. Where the proponent is a corporation or an association of persons, whether incorporated or not, the postal address is that of the principal place of business or of the principal office in the State.

Provide written notification with details of the changes

Correspondence to the OEPA

CEO Overall Within 28 days of such change

No changes made

941:M3.1 Time Limit for Proposal Implementation

The proponent shall not commence implementation of the proposal after the expiration of 5 years from the date of this statement, and any commencement, within this 5 year period, must be substantial.

Provide written notification to indicate commencement of Project.


CEO Pre-Construction 22 July 2018 Not yet commenced

941:M3.2 Compliance Reporting Any commencement of implementation of the proposal, within 5 years from the date of this statement, must be demonstrated as substantial by providing the CEO with written evidence, on or before the expiration of 5 years from the date of this statement.

Provide written notification to indicate commencement of Project.


CEO Pre-Construction 22 July 2018 Not yet commenced



7


941.M4.1 Compliance Reporting The proponent shall prepare and maintain a compliance assessment plan to the satisfaction of the CEO.

Correspondence with the OEPA Preparation of a Compliance Assessment Plan and an audit table in compliance with the requirements of the OEPA.

Completed and Approved Compliance Assessment Plan (CAP) Audit Table (this document). Compliance Assessment Report (CAR)

CEO Overall Ongoing Compliance Assessment Plan 28 November 2013

941:M4.2 Compliance Reporting The proponent shall submit to the CEO the compliance assessment plan required by Condition 4-1 at least six months prior to the first compliance assessment report required by Condition 4-6, or prior to implementation, whichever is sooner. The compliance assessment plan shall indicate: - the frequency of

compliance reporting

- the approach and timing of compliance assessments

- the retention of compliance assessments

- the method of reporting of potential non-compliances and corrective actions taken

- the table of contents of compliance assessment reports

- public availability of compliance assessment reports.

Construct the CAP in accordance with criteria.

Correspondence to the OEPA Approved CAP

CEO Pre-Construction By 22 April 2014 or prior to ground disturbing activities, whichever is sooner

Compliance Assessment Plan 28 November 2013



8


941:M4.3 Compliance Reporting The proponent shall assess compliance with conditions in accordance with the compliance assessment plan required by Condition 4-1.

As specified in CAP Overview provided in CAR

Min for Env Overall First report due 22 Oct 2014 with subsequent reports due on an annual basis. Reports required 6 monthly during Construction.

This report

941:M4.4 Compliance Reporting The proponent shall retain reports of all compliance assessments described in the compliance assessment plan required by Condition 4-1 and shall make those reports available when requested by the CEO.

As specified in CAP Availability at the request of the CEO

CEO Overall Ongoing Project not yet commenced

941:M4.5 Compliance Reporting The proponent shall advise the CEO of any potential non-compliance within seven days of that non-compliance being known.

As specified in CAP Correspondence to OEPA Overview provided in CAR

CEO Overall Within 7 days of non-compliance being known

No non-compliances to report

941:M4.6 Compliance Reporting Subject to Condition 4-7, the proponent shall submit to the CEO the first compliance assessment report 15 months from the date of issue of this Statement addressing the 12 month period from the date of issue of this Statement and then annually from the date of submission of the first compliance assessment report. The compliance assessment report shall: - be endorsed by

the proponent's Managing Director or a person delegated to sign on the Managing Director's behalf

- include a statement as to whether the proponent has

As specified in CAP Endorsement in CAR CAR availability on Proponent website Correspondence for provision of CAR to DER Library and OEPA Compliance Branch.

CEO Overall First report due 22 Oct 2014 with subsequent reports due on an annual basis. Reports required 6 monthly during Construction.

This report and endorsement letter



9


complied with the conditions

- identify all potential non-compliances and describe corrective and preventative actions taken

- be made publicly available in accordance with the approved compliance assessment plan

- indicate any proposed changes to the compliance assessment plan required by Condition 4-1.

941:M4.7 Compliance Reporting Without limiting condition 4-6, during the construction of the proposal, the proponent shall submit a compliance report, which satisfies the requirements of conditions 4-6(1) to (5), every 6 month period from the date of commencement of construction up and until the date of commissioning of the proposal.

As specified in CAP Endorsement in CAR CAR availability on Proponent website Correspondence for provision of CAR to DER Library and OEPA Compliance Branch.

CEO Construction Six monthly from the date of commencement of Construction

Construction not yet commenced - compliance

941:M5.1 Public Availability of Data

Subject to Condition 5-2, within a reasonable time period approved by the CEO of the issue of this statement and for the remainder of the life of the proposal the proponent shall make publicly available, in a manner approved by the CEO, all validated environmental data (including sampling design, sampling methodologies, empirical data and derived information products (e.g. maps))

Provide written notification to the OEPA outlining availability of data. Provide copies of validated environmental data relevant to MS 941 on the TEA website.

Availability of data on Proponent website Correspondence to OEPA

CEO Pre-Construction Prior to ground disturbing activities, whichever is sooner

Construction not yet commenced - compliance



10


relevant to the assessment of this proposal and implementation of this Statement.

941.M5.2 Public Availability of Data

If any data referred to in Condition 5-1 contains particulars of: - a secret formula

or process - confidential

commercially sensitive information;

- the proponent may submit a request for approval from the CEO to not make this data publically available. In making such a request the proponent shall provide the CEO with an explanation and reasons why the data should not be made publically available.

Provide written correspondence to the OEPA to request data privacy.

Correspondence to OEPA

CEO Ongoing Prior to implementation of 5-1

Noted – as yet not required

941.M6.1 Infra-structure Plan and Power Station Operating Strategy

Prior to the construction of the proposal, unless otherwise approved by the CEO, the proponent shall prepare a final Infrastructure Plan which is to be approved by the CEO, on advice of the Department of Transport. The final Infrastructure Plan shall include the details, locations, height, and extent of the proposal elements as listed in Schedule 1 including the areas to be excavated, dredged and to receive disposal of dredged material.

Prepare a final Infrastructure Plan with guidance from DoT. Provide final Infrastructure Plan to OEPA for approval.

Correspondence from OEPA indicating Approval of Infrastructure Plan Completed Infrastructure Plan

CEO DoT Pre-Construction Before ground disturbing activities

Infrastructure Plan and Power Station Operating Strategy still to be completed



11


941.M6.2 Infrastructure Plan and Power Station Operating Strategy

Prior to the construction of the proposal, unless otherwise approved by the CEO, the proponent shall prepare a Power Station Operating Strategy which is to be approved by the CEO. The Operating Strategy shall describe the manner and procedures in which the basins will be managed for power generation and the effect the procedures will have on the new tidal regime in the basins of Doctor's Creek.

Prepare a final Power Station Operating Strategy.

Completed Power Station Operating Strategy Correspondence from OEPA indicating Approval of Power Station Operating Strategy

CEO Pre-Construction Prior to ground disturbing activities

Infrastructure Plan and Power Station Operating Strategy to be completed


The Operating Strategy in Condition 6-2 shall include: - the new tidal

ranges and submergence curves in the high and low basins as a result of operating the proposal

- modelled tidal flows under a range of scenarios

- using contemporary bathymetry and elevation data, delineate on a plan the new intertidal zones for both basins

- procedures which minimises ongoing dust generation.

Prepare a Power Station Operating Strategy in accordance with criteria.

Completed Power Station Operating Strategy




The Proponent shall provide the CEO with the approved Infrastructure Plan required in Condition 6-1 and spatial data locating all the infra-structure elements, including areas to be dredged and to receive dredge material, in a

Provide Infrastructure Plan along with spatial data to the CEO through electronic submission to the Compliance Branch






12


Geographical Information System (GIS) compatible format specified by the CEO.

941.M6.5 Infra-structure Plan and Power Station Operating Strategy

The Proponent shall construct the proposal elements listed in Schedule 1 consistent with the approved Infrastructure Plan.

Ensure Project design and construction plans align with the approved Infrastructure Plan. Cross check ‘as-built’ records against approved Infrastructure Plan

Project design drawings ‘As-built’ documentation

CEO Construction At commencement of construction



The Proponent shall provide the CEO with the approved Power Station Operating Strategy required in Condition 6-2 including the spatial data locating the new intertidal zones for both basins in Condition 6-3, in a Geographical Information System (GIS) compatible format specified by the CEO.

Provide Power Station Operating Strategy along with spatial data to the CEO through electronic submission to the Compliance Branch





The proponent shall operate the proposal consistent with the approved Power Station Operating Strategy, and its approved revisions.

Implement Power Station Operating Strategy and ensure procedures and systems support the strategy.

Record of implementation of Power Station Operating Strategy

CEO Operation At commencement of operation



Within 14 months following the commencement of operations, the proponent shall review the approved Power Station Operating Strategy and submit a report to the CEO on the findings of the trials, surveys and monitoring required by Conditions 9-6, 9-12 and 10-6 that are relevant to the Operating Strategy, and include recommendations for revising the approved Operating Strategy in Condition 6-9.

Prepare a Review Report of the approved Power Station Operating Strategy against the results of trial, survey and monitoring requirements in Conditions 9-6, 9-12 and 10-6 relevant to the Operating Strategy. Provide results of this review and the trials, surveys and monitoring to the OEPA along with recommendations for revising the approved Operating Strategy.

Power Station Operating Strategy Review Report. Correspondence to OEPA

CEO Operation Within 14 months of commencement of operation

Operation not yet commenced



13



The proponent shall submit a revised Power Station Operating Strategy for the approval of the CEO which incorporates the findings of the review required in Condition 6-8, within the first 16 months following the commencement of operations.

Revise the Power Station Operating Strategy to incorporate the findings of the review required by Condition 6-8. Provide a revised Power Station Operating Strategy to the OEPA.

Revised Power Station Operating Strategy Correspondence to OEPA

CEO Operation Within 16 months of commencement of operation

Operations not yet commenced

941.M7.1 State of the Mangrove Habitat Surveys

At least six months prior to the commencement of any construction works, unless otherwise approved by the CEO, the proponent shall prepare a Scope of Works for surveys of the mangrove habitats, as detailed in condition 7-3 for the approval of the CEO.

Prepare a Scope of Works for surveys of the mangrove habitats.

Completed Scope of Works Correspondence to OEPA

CEO Pre-Construction 6 months prior to ground disturbing activities

State of the Mangrove Habitat Surveys not yet commenced

941.M7.2.1 State of the Mangrove Habitat Surveys

The surveys of the mangrove habitats are to be conducted in accordance with the approved Scope of Works at the times as indicated below, unless otherwise approved by the CEO, so as to establish the following: - the baseline state

of the mangrove habitats prior to the commencement of any construction works that may impact on mangrove habitats.

Undertake Baseline Mangrove Survey as per the scope of works.

Baseline Mangrove Survey report



941.M7.2.2 State of the Mangrove Habitat Surveys

The surveys of the mangrove habitats are to be conducted in accordance with the approved Scope of Works at the times as indicated below, unless otherwise approved by the CEO, so as to establish the following:

Undertake two Operations Phase Mangrove Surveys as per the scope of works.

Survey reports CEO Operations During the first and second operations phases




14


the first and second operations phase state of the mangrove habitats.


The Scope of Works for surveys of the mangrove habitats required in condition 7-1 shall include the following, with regard to when the survey is conducted: - procedures and

methods for the collection of quantitative environmental data for:

- soil salinity along permanent transects

- hydrodynamic conditions including direction and velocity of water currents

- the physical characteristics of sediments suspended in the water column and deposited on the benthos

- the natural and development-influenced rates, and spatial and temporal patterns of net sediment deposition and erosion

- the spatial extent, distribution, community composition, natural variability including seasonality and health of mangrove communities

- the preparation of mangrove habitat maps;

Prepare scope of works to meet criteria.

Completed Scope of Works

CEO Pre-Construction 6 months prior to ground disturbing activities




15


- establishment of permanent transects with appropriate replication to account for diversity of mangrove communities and statistical robustness

- timing for the implementation and completion of the surveys having regard to the types and sequence of surveys referred to in condition 7-2

- procedures for the use of survey data to assess compliance with relevant environmental protection outcomes in condition 9-4

- timing and frequency of reporting to the CEO.


Prior to the commencement of construction and in accordance with the approved Scope of Works required under condition 7-1, the Proponent shall undertake the baseline state of the mangrove habitats survey.

Undertake Baseline Mangrove Survey as per the Scope of Works.

Baseline Mangrove Survey report




At the time specified by the approved Scope of Works and in accordance with the approved Scope of Works, the Proponent shall undertake the surveys for the first operations phase state of the mangrove habitats.

Undertake the First Operations Phase Mangrove Survey as per the scope of works.

First Operations Mangrove Survey report

CEO Operations Following the commissioning of the proposal




16



Within 5 years following completion of construction in accordance with the approved Scope of Works, the Proponent shall undertake a second operational phase state of the mangrove habitats survey to determine compliance with the environmental protection outcomes set in condition 9-4.

Undertake the Second Operations Phase Mangrove Survey as per the scope of works.

Second Operations Mangrove Survey report

CEO Operations Within 5 years following completion of construction

Construction not yet commenced


The Proponent shall report the findings of the baseline state of the mangrove habitats survey required by condition 7-4 to the CEO within three months of having completed that survey.

Provide Baseline Mangrove Survey to the CEO through electronic submission to the Compliance Branch


CEO Pre-Construction Within 3 months of conducting Baseline Mangrove Survey



The Proponent shall report the findings of subsequent state of the mangrove habitats surveys required by conditions 7-4, 7-5 and 7-6 and include in each report an appraisal of compliance with environmental protection outcomes set in condition 9-4 having regard to any relevant approved revised environmental protection outcome, to the CEO within three months of having completed each survey.

Provide subsequent mangrove survey reports to the CEO through electronic submission to the Compliance Branch. Include in survey reports an assessment of the compliance with environmental protection outcomes set in Condition 9-4.


CEO Pre-Construction and Operations

Within 3 months of conducting each mangrove survey



Prior to commencing operations, the proponent shall submit for the approval of the CEO a revised Scope of Works in condition 7-3 which includes an operations phase program of ongoing surveys of the state of mangrove habitats based on the findings

Prepare a revised Scope of Works for ongoing monitoring based on findings of previous mangrove surveys. Provide revised Scope of Works to the CEO through electronic submission to the Compliance Branch.

Revised Scope of Works Correspondence to OEPA

CEO Construction Prior to commencement of operations




17


submitted for condition 7-8.

941.M8.1 Sedimentation The proponent shall, at least six months prior to the commencement of construction works, undertake detailed hydrodynamic and sedimentation modelling of the pre-development short-term and long-term effects of the proposal on sedimentation and erosion patterns, having regard to the effects of cyclonic conditions, in areas: - surrounding the

proposal (near the entrance to Doctor's Creek and in King Sound)

- in Doctor's Creek (including the new high and low basins).

- The hydrodynamic and sedimentation modelling will include the relevant quantitative sedimentation and hydrodynamic data in condition 7-3.

Undertake modelling meeting the criteria.

Cardno 2011, Proposed Derby Tidal Power Station Hydro-dynamic and Sediment Transport Modelling Report

CEO Pre-Construction 6 months prior to the commencement of construction works

Cardno 2011, Proposed Derby Tidal Power Station Hydrodynamic and Sediment Transport Modelling Report

941.M8.2 Sedimentation Based on the results of the hydrodynamic and sedimentation modelling in Condition 8-1 identify the areas: - which support

mangrove communities and are at risk of significant erosion and smothering through sedimentation from the effects of proposal

- where new sedimentary patterns and

Identify areas as per the criteria.

Sinclair Knight Merz 2011, Derby Tidal Power, Assessment of Mangrove changes in Doctors Creek between 1997 and 2010

CEO Pre-Construction Following completion of modelling in Condition 8.1




18


accumulations from the proposal would assist in areas which would support mangrove colonisation.

941.M8.3* Sedimentation The Proponent shall provide the CEO with the approved areas required in Condition 8-2(1) and (2) and spatial data locating the areas, in a Geographical Information System (GIS) compatible format specified by the CEO.

Provide the OEPA with spatial data


CEO Pre-Construction Following completion of modelling in Condition 8.1

Spatial data included with this report

941.M9.1 Mangrove habitats Prior to the commencement of construction, the proponent shall identify the: - Zone of High

Impact - the area where direct and indirect impacts from the proposal on mangrove communities are predicted to be irreversible. The term irreversible is defined as 'lacking a capacity to return or recover to a state resembling that prior to being impacted within a timeframe of five years or less

- Zone of Moderate Impact - the area within which predicted impacts on mangrove communities are sub-lethal, and/or the impacts are recoverable within a period of five years following completion of the construction of the proposal

Prepare a report on the zones of impact. Provide report to the CEO through electronic submission to the Compliance Branch


CEO Pre-Construction Prior to commencement of ground disturbing activities




19


- Zone of Mangrove Establishment - the area where, because of the new tidal regime, sedimentation areas and proposal infrastructure, will be available for and be colonised by mangrove communities, and submit the zones for approval of the CEO.

941.M9.2 Mangrove habitats The CEO may, having regard to a report submitted by the proponent, approve revised Zones of High and Moderate Impact to have effect for the purpose of condition 9-1.

Provide written correspondence to the OEPA to request approval of revised zones.


CEO Ongoing As required Not yet undertaken

941.M9.3 Mangrove habitats The Proponent shall provide the CEO with a map of the approved zones in condition 9-1, and any revised zones approved in Condition 9-2, and spatial data locating the zones, in a Geographical Information System (GIS) compatible format specified by the CEO.



CEO Pre-Construction Following completion of Condition 9.1 and (if required) 9.2


941.M9.4.1 Mangrove habitats The proponent shall ensure the construction and operation of the proposal achieves the following environmental protection outcomes: - No irreversible

loss of, or serious damage to, mangrove habitats outside the Zone of High Impact.

Conduct ongoing monitoring of mangrove communities.

Ongoing monitoring reports

CEO Ongoing During Construction and Operations phases


941.M9.4.2 Mangrove habitats The proponent shall ensure the construction and operation of the proposal achieves the following environmental

Establish mangrove communities to the criteria. Monitor established mangrove

Mangrove community monitoring results.

CEO Operation Within 10 years of completion of construction




20


protection outcomes: - The establishment

of self-sustaining1 mangrove communities which stabilise the creeks and provide suitable habitat for native fauna in the Zone of Mangrove Establishment, within 10 years from the date of the completion of construction.

1 self-sustaining means permanent and stable mangrove communities which grow and persist without human management or intervention beyond that which would be required to maintain comparable undisturbed mangrove communities.

communities.

941.M9.5 Mangrove habitats To demonstrate the environmental protection outcome in condition 9-4(1) has been met, the proponent shall prepare a monitoring plan for mangrove health and sedimentation for the approval of the CEO, prior to the commencement of construction. The monitoring plan shall include: - mangrove health

and net sedimentation monitoring locations at:

- Zone of Moderate Impact monitoring sites - at locations where mangrove communities are found and which are outside and as close as

Prepare mangrove monitoring plan to include sections as per Condition 9-5. Provide monitoring plan to the CEO through electronic submission to the Compliance Branch

Completed Mangrove monitoring plan Correspondence to OEPA


Monitoring Plan not yet prepared



21


practicable to the Zone of High Impact

- Reference monitoring sites - at locations which are similar to each impact monitoring site in all respects including mangrove associations and which do not have the potential to be affected by the implementation of the proposal or any other activities that may affect mangrove health

- the use of permanent relocatable quadrats and transects for repeat measures of mangrove health having regard for baseline mangrove habitat surveys required in condition 7-4

- the methodology for subsequent surveys for mangrove health and net sedimentation at the impact and reference monitoring sites referred to in condition 9-5(1)

- the frequency for monitoring mangrove health and net sedimentation

- indicators of mangrove health, and management trigger levels for indicators of mangrove health



22


management trigger levels for sedimentation and erosion.

941.M9.6 Mangrove habitats The proponent shall implement the monitoring plan required by condition 9-5 prior to the commencement of construction until such time as the CEO determines that monitoring actions may cease.

Implement the monitoring plan

Regular reports on monitoring

CEO Overall Prior to construction until approval to stop monitoring


941.M9.7 Mangrove habitats Prior to the commencement of construction, the proponent shall submit a report on the results of baseline surveys of mangrove health and net sedimentation from the potential impact and reference monitoring sites required by condition 9-6.

Include reference to ongoing monitoring sites in Baseline Mangrove Survey Provide Baseline Mangrove Survey to the CEO through electronic submission to the Compliance Branch


CEO Pre-Construction In line with submission of Baseline Mangrove Survey (Condition 7-7)


941.M9.8.1 Mangrove habitats In the event that monitoring required by condition 9-6 indicates a trigger level has been reached: - the proponent

shall report such findings to CEO within 14 days of the trigger level being reached being identified

Notify the CEO in the event of a monitoring trigger level being reached in accordance with the CAP.


CEO Overall Immediately following monitoring results identifying that trigger levels being reached.



shall provide evidence which allows determination of the circumstance which caused the trigger levels to be reached

Prepare an incident report identifying the cause of trigger levels being reached. Submit incident report to the CEO through electronic submission to the Compliance Branch.


CEO Overall Within 7 days of monitoring observed to be reaching trigger levels




23


941.M9.8.3 Mangrove habitats In the event that monitoring required by condition 9-6 indicates a trigger level has been reached: - if determined by

the CEO to be attributable to the proposal, the proponent shall submit any actions to be taken to address the net increase in sedimentation or decline in mangrove health within 14 days of the determination being made to the CEO

Prepare an Action Plan to address the cause and impacts of the trigger levels being reached. Submit action plan to the CEO through electronic submission to the Compliance Branch.

Trigger level Action Plan Correspondence to OEPA

CEO Overall Within 14 days of CEO determination



shall implement actions to address the net increase in sedimentation or decline in mangrove health upon approval of the CEO and shall continue implementing the approved actions until such time as the CEO determines that the approved actions may cease.

Implement trigger level action plan and monitor success. Provide evidence to OEPA that requirements of Action Plan have been met.

Monitoring results Correspondence to OEPA

CEO Overall Following OEPA sign-off on Action Plan until agreement from CEO that actions can be completed.


941.M9.9 Mangrove habitats The proponent shall submit bi-annually, or at a frequency defined to the satisfaction of the CEO, the results of monitoring required by condition 9-6 to the CEO, until such time as the CEO determines that reporting may cease.

Prepare reports on monitoring results.

Monitoring reports CEO Operation Bi-annually – commencing prior to construction and continuing until approval to stop monitoring




24


941.M9.10 Mangrove habitats - Zone of Mangrove Establishment

In order to optimise the successful establishment of mangroves in the Zone of Mangrove Establishment in condition 9-1(3) and meet the environmental protection outcome in condition 9-4(2), the proponent shall prepare a Mangrove Research and Establishment Program to be approved by the CEO prior to the commencement of construction. The Program shall: - identify research

trials and investigations into mangrove recruitment and colonisation in Doctor's Creek

- identify strategies and measures to be undertaken during the management of the proposal (including in the Power Station Operating Strategy required by condition 6-2 and its approved revisions)

- include an implementation program for the research trials in condition 9-10(1) and strategies and measures identified in condition 9-10(2)

- include an ongoing monitoring program for mangrove colonisation in the Zone of Mangrove Establishment to

Prepare a Mangrove Research and Establishment Program to be approved by the CEO. Submit program to the CEO through electronic submission to the Compliance Branch.

Mangrove Research and Establishment Program


Mangrove Research and Establishment Program not yet commenced



25


determine compliance with the environmental protection outcome in condition 9-4.


In relation to condition 9-10(1), the proponent shall undertake research trials and investigations in the following areas: - The conditions

required for mangrove propagule recruitment in newly available areas including an understanding of flowering and fruiting times of target mangrove species.

- Present and future soil conditions after the construction of the barrages, including soil properties such as moisture, texture and chemistry.

- Strategies for the protection of juvenile plants from effects that reduce viability, e.g. Contamination, siltation, wind and tidal erosion, excessive temperature evaporation and insolation.

- Establish the relationship between elevation, soil salinity, soil hydrology and occurrence of mangrove communities.

Undertake research trials and investigations as per Condition 9-11.


CEO Overall Prior to commencement of ground disturbing activities




26


- Opportunities for earthworks in the creeks to increase the areas suitable for and linear extent of mangroves habitats.


The proponent shall commence implementation of the Mangrove Research and Establishment Program prior to the commencement of construction.

Implement the Mangrove Research and Establishment Program.





The proponent shall report on the outcomes of the research and investigations, monitoring and implementation of strategies required by condition 9-10 as part of the compliance assessment report required by condition 4-6.

Include reports on the Mangrove Research and Establishment Program in the annual CAR

Finalised CAR CEO Overall First report due 22 Oct 2014 with subsequent reports due on an annual basis. Reports required 6 monthly during Construction. Continue until completion of research.


941.M10.1 Marine Environmental Quality – Construction

Prior to the construction of the proposal, the proponent shall submit for the approval of the CEO, a Construction Marine Environmental Quality Management and Monitoring Plan to maintain the quality of waters, sediment and/or biota in Doctors Creek and King Sound so that the environmental values are protected during the construction of the proposal. The management and monitoring plan shall include: - a threat

assessment from marine construction activities and baseline sediment and water quality

Prepare a Construction Marine Environment-al Quality Management and Monitoring Plan as per Condition 10-1. Submit plan to the CEO through electronic submission to the Compliance Branch.

Construction Marine Environmental Quality Management and Monitoring Plan Correspondence to OEPA


Construction Marine Environment-al Quality Management and Monitoring Plan not yet commenced



27


data for indicators relevant to identified threats over a number of tidal cycles and seasons

- protocols and procedures for monitoring and evaluating the quality of water and sediment in marine waters surrounding the proposal during construction

- environmental quality indicators and associated trigger levels based on the guidelines and recommended approaches in the Australian and New Zealand Guideline for Fresh and Marine Water Quality (ANZECC and ARMCANZ, 2000) and the State Water Quality Management Strategy Document No. 6 for assessing performance against the environmental quality objectives

- the reporting procedures, including the format, timing, and frequency for the reporting of monitoring data against the relevant trigger levels and environmental quality objectives



28


- development of construction management measures and contingency actions to be implemented in the event that any trigger levels and environmental quality objectives referred to in Condition 10-1(3) are not met



The proponent shall implement the approved Construction Marine Environmental Quality Management and Monitoring Plan required by condition 10-1 until such time as the CEO determines that monitoring and construction management actions may cease.

Implement the Construction Marine Environmental Quality Management and Monitoring Plan.

Construction Marine Environmental Quality Management and Monitoring Plan

CEO Construction At commencement of construction until approval to cease

Construction Marine Environmental Quality Management- and Monitoring Plan not yet commenced


In the event that monitoring required by condition 10-2, indicates that the environmental quality objectives in condition 10-1(3) are not being met or are unlikely to be met, the proponent shall report the finding to the CEO within seven working days, along with a description of the management and contingency actions to be taken to meet the required level of environmental quality.

Notify the CEO in the event of environmental quality objectives not being met in accordance with the CAP.

Notification report Correspondence to OEPA

CEO Construction Within 7 days of identifying that the environmental objectives not being met.



The proponent shall submit monitoring results required by condition 10-1(4) as part of its annual compliance assessment report

Include monitoring results in the annual CAR

Finalised CAR CEO Overall First report due 22 Oct 2014 with subsequent reports due on an annual basis. Reports required 6 monthly during Construction. Continue until

Monitoring has not been commenced prior to project environmental approval



29


required by condition 4-6.

completion of monitoring.

941.M10.5 Marine Environmental Quality – Operations

Prior to the commissioning of the proposal, the proponent shall submit for the approval of the CEO an Operations Marine Environmental Quality Management and Monitoring Plan to manage the ongoing impacts of the proposal on marine environmental quality in Doctors Creek and King Sound. The management and monitoring plan shall include: - a threat

assessment from operational activities and baseline sediment and water quality data for indicators relevant to identified threats over a number of tidal cycles and seasons

- hydrodynamic modelling in Doctor's Creek to determine areas of potential water quality concern, including the potential accumulation of monosulfidic material;

- protocols and procedures for monitoring and evaluating the quality of water and sediment in marine waters in and surrounding the proposal during operations;

Prepare an Operations Marine Environmental Quality Management and Monitoring Plan as per Condition 10-5. Submit plan to the CEO through electronic submission to the Compliance Branch.

Operations Marine Environment-al Quality Management and Monitoring Plan Correspondence to OEPA

CEO Construction Prior to commissioning of proposal

Operations Marine Environmental Quality Management and Monitoring Plan not yet commenced



30


- environmental quality indicators and associated trigger levels based on the guidelines and recommended approaches in the Australian and New Zealand Guideline for Fresh and Marine Water Quality (ANZECC and ARMCANZ, 2000) and the State Water Quality Management Strategy Document No. 6 for assessing performance against the trigger levels;

- the reporting procedures, including the format, timing, and frequency for the reporting of monitoring data against the relevant trigger levels and environmental quality objectives;

- development of management measures and contingency actions to be implemented in the event that any trigger levels are not met;

- management measures shall include procedures to minimise the risk of monosulfidic material accumulation and measures to treat monosulfidic sediments before



31


dredging and disposal; and



The proponent shall implement the approved Operations Marine Environmental Quality Management and Monitoring Plan required by condition 10-5 during the operation of the proposal.

Implement the Operations Marine Environment-al Quality Management and Monitoring Plan.

Operations Marine Environment-al Quality Management and Monitoring Plan

CEO Operations At commissioning of proposal

Operations Marine Environment-al Quality Management and Monitoring Plan not yet commenced


In the event that monitoring required by condition 10-6, indicates that the trigger levels in condition 10-5(4) are not being met or are unlikely to be met, the proponent shall report the finding to the CEO within seven working days, along with a description of the management and contingency actions to be taken to meet the required level of environmental quality.

Notify the CEO in the event of environmental quality objectives not being met in accordance with the CAP.

Notification report Correspondence to OEPA

CEO Operations Within 7 days of identifying that the environmental objectives not being met.


The proponent shall submit monitoring results required by condition 10-6 as part of its annual compliance assessment report required by condition 4-6.


Finalised CAR CEO Operations During operations on an annual basis.

Monitoring not yet commenced

941.M11.1 Groundwater Quality The proponent shall ensure that groundwater quality in Derby is not adversely affected by the construction and operation of the proposal.

Ensure no impact to groundwater quality in Derby as a result of the proposal.

Groundwater monitoring results

CEO Overall During construction and operation of proposal

Monitoring not yet commenced

941.M11.2 Groundwater Quality To ensure the requirement of condition 11-1 is met, the proponent shall, prior to undertaking

Prepare a Groundwater Monitoring and Management Plan. Submit plan to the CEO through electronic

Groundwater Monitoring and Management Plan. Correspondence to OEPA


Groundwater Monitoring and Management Plan not yet commenced



32


construction activities for the proposal, submit for approval of the CEO a Groundwater Monitoring and Management Plan. The Groundwater Monitoring and Management Plan shall include: - baseline

groundwater quality including the location of the pre- development freshwater I saltwater interface;

- the identification of trigger levels for groundwater levels and salinity;

- monitoring of water levels and salinity in aquifers to detect changes in the freshwater I saltwater interface; and

- contingency actions in the event the requirements of condition 11-1 are not met or unlikely to be met.

submission to the Compliance Branch.

941.M11.3 Groundwater Quality The proponent shall implement the Groundwater Monitoring and Management Plan required by condition 11-2 until such time as the CEO determines that monitoring and construction actions may cease.

Implement the Groundwater Monitoring and Management Plan.

Groundwater Monitoring and Management Plan

CEO Construction During construction until approval to cease

Groundwater Monitoring and Management Plan not yet commenced

941.M11.4.1 Groundwater Quality In the event that monitoring required by condition 11-3 indicates that the requirements of condition 11-1 is not being met: - the proponent

shall report such findings to the

Notify the CEO in the event of a non-achievement being detected in accordance with the CAP.


CEO Overall Within 21 days of the potential non-achievement being detected.




33


CEO within 21 days of the potential non-achievement being detected.

941.M11.4.2 Groundwater Quality In the event that monitoring required by condition 11-3 indicates that the requirements of condition 11-1 is not being met: - the proponent

shall provide evidence which allows the determination of the cause of the non-achievement of condition 11-1.

Prepare an incident report identifying the cause of the potential non-achievement. Submit incident report to the CEO through electronic submission to the Compliance Branch.


CEO Overall Within 21 days of the potential non-achievement being detected.

Construction and monitoring not yet commenced

941.M11.4.3 Groundwater Quality In the event that monitoring required by condition 11-3 indicates that the requirements of condition 11-1 is not being met: - if determined by

the CEO to be a result of the activities undertaken in implementing the proposal the proponent shall submit actions to be undertaken to remediate any significant changes to groundwater quality and the provision of alternative potable water supply within 21 days.

Prepare an Action Plan to address the cause and impacts potential non-achievement and identify an alternative potable water supply. Submit action plan to the CEO through electronic submission to the Compliance Branch.

Action Plan Correspondence to OEPA

CEO Overall Within 21 days of CEO determination


941.M11.5 Groundwater Quality The proponent shall implement remedial actions required by condition 11-4 as necessary to allow the pre-existing groundwater quality to be restored to the satisfaction of the CEO.

Implement remedial actions and monitor success. Provide evidence to OEPA that pre-existing groundwater quality has been restored.

Monitoring results Correspondence to OEPA

CEO Overall Following OEPA sign-off on Action Plan until agreement from CEO that actions can be completed.




34


941.M11.6 Groundwater Quality The proponent shall submit monitoring results required by condition 11-3 as part of its annual compliance assessment report required by condition 4-6.


Finalised CAR CEO Operations During operations on an annual basis.


941.M12.1 Fauna Prior to the construction of the proposal the proponent shall submit for approval of the CEO operational strategies and a plan for the installation of marine fauna exclusion devices to prevent the passage of marine fauna through the turbines.

Prepare operational strategies and plan as per the condition. Submit strategies and plan to the CEO through electronic submission to the Compliance Branch.

Marine Fauna Operational Strategies and Plan Correspondence to OEPA


Marine Fauna Operational Strategies and Plan not yet commenced

941.M12.2 Fauna The proponent shall implement the approved operational strategies and plan during the construction and operation of the proposal.

Implement operational strategies and plan.

Marine Fauna Operational Strategies and Plan

CEO Overall During construction and operation of proposal

Marine Fauna Operational Strategies and Plan not yet commenced

941.M12.3 Fauna Within 3 months following the completion of construction, the proponent shall provide the CEO with a performance report on the approved Plan required in condition 12-1 which contains evidence showing the installation of the marine fauna exclusion devices required by condition 12-2.

Prepare a performance report on the approved plan.

Report on Marine Fauna Operational Strategies and Plan

CEO Operation Within 3 months of completion of construction.


941.M12.4 Fauna Prior to the commencement of construction the proponent shall prepare a Fauna Management Plan to be approved by the CEO. The plan shall include: - the methodology

of baseline and ongoing vertebrate fauna

Prepare a Fauna Management Plan to condition criteria. Submit Fauna Management Plan to the CEO through electronic submission to the compliance Branch.

Fauna Management Plan Correspondence to OEPA


Fauna Management Plan not yet commenced



35


surveys; - identification of

significant and migratory fauna populations and their distributions

- measures to protect fauna from the effects of vegetation clearing, noise, vibration, light overspill, infrastructure, including any trenching associated with the burial of pipelines and any other impacts

- identification of suitable means of ensuring the appropriate protection of fauna in the new basins

- monitoring and reporting the success of the agreed means of appropriate protection employed, including the recording and reporting death and injury of any fauna protected under the Wildlife Conservation Act 1950.

941.M12.5 Fauna The proponent shall implement the approved Plan required by condition 12-4.

Implement Fauna Management Plan.

Fauna Management Plan

CEO Overall Ongoing through construction and operation of proposal

Fauna Management Plan not yet commenced

941.M12.6 Fauna The proponent shall submit monitoring results required by condition 12-5 as part of its annual compliance assessment report required by condition 4-6.


Finalised CAR CEO Operations First report due 22 Oct 2014 with subsequent reports due on an annual basis. Reports required 6 monthly during Construction.




36


941.M13.1 Power Transmission Infrastructure

Prior to the construction of the power transmission infrastructure element of the proposal, the proponent shall undertake detailed flora and vegetation surveys in the proposed transmission infrastructure corridor, in accordance with Environmental Protection Authority Guidance Statement 51 Terrestrial Flora and Vegetation Surveys for Environmental Impact Assessment in Western Australia to identify the locations of any populations of rare or threatened communities or species, or species of restricted regional distribution.

Undertake flora and vegetation survey of the proposed transmission infrastructure corridor.

Flora and Vegetation Report


Flora and vegetation survey not yet commenced

941.M13.2 Power Transmission Infra-structure

The proponent shall record and provide the MGA coordinates and population details for each occurrence of rare or threatened communities or species, or species of restricted regional distribution to the CEO and the Chief Executive Officer of the DEC in the power transmission infrastructure corridor, within three months of completion of the surveys required by condition 13-1.

Provide electronic records as required by the condition to the CEO of the OEPA and CEO of the DPaW.

Correspondence to OEPA and DPaW

CEO Pre-Construction Within 3 months of completing surveys required by Condition 13-1

Flora and vegetation survey not yet commenced


Prior to the construction of the power transmission infrastructure, unless otherwise approved by the CEO, the proponent shall prepare a final Power Transmission Infrastructure Plan which is to be approved by the CEO.

Prepare a Power Transmission Infrastructure Plan to criteria in the condition. Submit plan to the CEO through electronic submission to the compliance Branch.

Final Power Transmission Infrastructure Plan Correspondence to OEPA

CEO Pre-Construction Prior to the construction of the transmission line

Power Transmission Infrastructure Plan not yet commenced



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The final Plan shall include the details and route of the power transmission alignment, width of the construction corridor, and any supporting infrastructure and demonstrate to the satisfaction of the CEO, that the transmission infrastructure has been located to avoid, where practicable, any populations of rare or threatened communities or species, or species of restricted regional distribution identified in condition 13-2.


The Proponent shall provide the CEO with the approved Power Transmission Infrastructure Plan required in condition 13-3 and spatial data locating the construction corridor and the transmission infrastructure, in a Geographical Information System (GIS) compatible format specified by the CEO.



CEO Pre-Construction Following completion of Condition 9.1 and (if required) 9.2



The Proponent shall construct the power transmission infrastructure listed in Schedule 1 consistent with the approved Power Transmission Infrastructure Plan in condition 13-3.

Ensure design and construction plans align with the approved Infrastructure Plan. Cross check ‘as-built’ records against approved Infrastructure Plan

Project design drawings ‘As-built’ documentation

CEO Construction At commencement of construction


941.M14.1 Geomorphological Processes

Prior to construction of the proposal, the proponent shall prepare a Geo- heritage Monitoring Program for approval of the CEO which documents the following: - changes to the

Prepare a Geo-heritage Monitoring Program to condition criteria. Submit Geo-heritage Monitoring Program to the CEO through electronic submission to the compliance Branch.

Geo-heritage Monitoring Program Correspondence to OEPA


Geo-heritage Monitoring Program not yet prepared



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inundation patterns occurring in East and West Doctors Creek

- the long-term changes to the erosional processes occurring in the creeks

- identification of a site or a number of sites in King Sound that may possess similar type-site which can be used to continue geologic/ecologic research in tidal flats, semi-arid deltaic areas.

941.M14.2 Geomorphological Processes

The proponent shall implement the Geo-heritage Monitoring Program required by condition 14-1.

Implement Geo-heritage Monitoring Program.

Geo-heritage Monitoring Program

CEO Overall Ongoing through construction and operation of proposal

Geo-heritage Monitoring Program not yet prepared



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4.0 Environmental Management Plans/Programs

4.1 Completed Environmental Management Plans/Programs Completed management plans relevant to EPA conditions include:

- Cardno 2011, Proposed Derby Tidal Power Station Hydrodynamic and Sediment Transport Modelling Report (Condition 8.1, 8.2)

- Sinclair Knight Merz 2011, Derby Tidal Power, Assessment of Mangrove changes in Doctors Creek between 1997 and 2010 and zone of impact plan (Condition 9.1)

A management program has been prepared as part of the draft Environmental Impact Statement to address impacts on Matters of National Environmental Significance (MNES). The set of sub-management plans within the program includes:

- Sedimentation and erosion management

- Water quality

- Vegetation management

- Fauna management

- Noise and vibration management

- Emission management

- Waste and hazardous materials.

4.2 Environmental Management Plans/Programs to be completed The Project is still being assessed under the EPBC Act and as such has not yet commenced. Management plans and strategies still to be completed include:

- Infrastructure Plan and Power Station Operating Strategy (Condition 6.1)

- State of the Mangrove Habitat Surveys (Condition 7.1)

- Endorsement of the Mangrove Habitats Zone of Impact plan by the CEO of the OEPA (Condition 8.3, 9.3)

- mangrove monitoring plan to include sections (Condition 9-5)

- Mangrove Research and Establishment Program (Condition 9.10)

- Construction Marine Environmental Quality Management and Monitoring Plan (Condition 10.1)

- Groundwater Monitoring and Management Plan (Condition 11.2)

- Marine Fauna Operational Strategies and Plan (Condition 12.1)

- Flora and Vegetation Report for transmission line area (Condition 13.1)

- Power Transmission Infrastructure Plan (Condition 13.3)

- Geo-heritage Monitoring Program (Condition 14.1).



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5.0 Environmental Monitoring Environmental Monitoring has not yet commenced. The project is currently waiting for the completion of environmental approvals and will not commence monitoring until it is certain that the project is environmentally acceptable.



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6.0 Endorsement This Compliance Assessment Report has been endorsed by the Managing Director of Tidal Energy Australia.



Appendix A

Spatial Data

compliance assessment report - parliament.wa.gov.au

Documents