proposed basalt quarry 1690 ellerslie-panmure road, panmure

PLANNING REPORT Proposed basalt quarry

1690 Ellerslie-Panmure Road, Panmure

11 May 2020

Prepared for B and J McLeod Holdings Pty Ltd trading as Hopkins Stone

ABN 49 141 940 703

8 GOLD STREET COLLINGWOOD VIC 3066

P/03 9853 5000 E/[email protected]

EQUIPELAWYERS.COM.AU

Planning Report – Proposed quarry, Panmure

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Table of Contents

1 Introduction and Summary of the Proposal ......................................................... 6

2 Site analysis ............................................................................................................ 8The Subject Land ...................................................................................................... 8Surrounding land ...................................................................................................... 8

3 The Proposal ......................................................................................................... 10The Proposed Quarry ............................................................................................. 10Operating hours ...................................................................................................... 10Staff and car parking ............................................................................................... 11Extracting material .................................................................................................. 11Processing of material ............................................................................................ 11Native vegetation and threatened species .............................................................. 11Traffic and Access .................................................................................................. 12Rehabilitation .......................................................................................................... 12

4 Planning Controls ................................................................................................. 13Why is a permit required? ....................................................................................... 13Planning Policy Framework .................................................................................... 13Clause 14.03-1S Resource exploration and extraction .......................................... 13Local Planning Policy Framework ........................................................................... 14Zoning & overlays ................................................................................................... 14Farming Zone ......................................................................................................... 14Bushfire Management Overlay ............................................................................... 15Particular Provisions ............................................................................................... 16Clause 52.08 Earth and Energy Resources Industry .............................................. 16Clause 52.09 Extractive Industry and Extractive Industry Interest Areas ............... 16External referrals .................................................................................................... 17

5 Planning Assessment .......................................................................................... 19Strategic and Land Use considerations .................................................................. 19Traffic ...................................................................................................................... 19Amenity ................................................................................................................... 20Landscape .............................................................................................................. 21Aboriginal Cultural Heritage .................................................................................... 21Flooding .................................................................................................................. 22Water management ................................................................................................ 22Car parking ............................................................................................................. 22Native vegetation removal ...................................................................................... 22Local Planning Policy Framework ........................................................................... 23Clause 21.03 Factors Influencing Future Planning and Development .................... 23Clause 21.06 Environment ..................................................................................... 23Clause 21.07 Economic Development .................................................................... 23Clause 22.02-2 Rare and Threatened Species ...................................................... 23Clause 22.02-3 Potential for Ground Water Recharge ........................................... 24Clause 22.02-4 Susceptibility to Mass Movement .................................................. 24Clause 22.02-5 Pest Plant Management ................................................................ 24Clause 22.03-4 Agricultural Production .................................................................. 24Clause 52.09 Extractive Industry and Extractive Industry Interest Areas ............... 24

6 Conclusions .......................................................................................................... 27


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Appendix 1_Permit Application Form .......................................................................... 28

Appendix 2_Certificate of Title ...................................................................................... 30

Appendix 3_Endorsed Work Plan 7085 ........................................................................ 32

Appendix 4_ Statement of reasons .............................................................................. 34

Appendix 5_ Statutory Endorsement Referral Authority Checklist ........................... 36

Appendix 6_ Referral Authority responses ................................................................. 38

Appendix 7_ Written notice of statutory endorsement and checklist ....................... 40

Appendix 8_ Statutory endorsement conditions ......................................................... 42


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1 Introduction and Summary of the Proposal

1.1 B and J McLeod Holdings Pty Ltd trading as Hopkins Stone (Hopkins Stone) proposes to establish a basalt quarry (the Proposed Quarry) at 1690 Ellerslie-Panmure Road, Panmure (the Subject Land) under Work Plan PLN-001359 and proposed Work Authority WA007085 (WA7085).

1.2 The purpose of this application is to obtain planning permission for a basalt quarry on the Subject Land allowing the extraction of basalt reserves.

1.3 The Department of Jobs, Precincts and Regions (DJPR) statutorily endorsed Work Plan PLN-001359 for WA7085 for the Proposed Quarry on 15 April 2020 (the Endorsed Work Plan), pursuant to section 77TD of the Mineral Resources (Sustainable Development) Act 1990 (the MRSDA). The Endorsed Work Plan is enclosed with this permit application in accordance with the requirements of Clause 52.09-2 of the Moyne Planning Scheme (the Planning Scheme).

1.4 It is submitted that the application is appropriate for the Subject Land and represents an acceptable planning outcome for the following reasons:

1.4.1 The Subject Land is a large rural allotment situated within an area used for agricultural activities and extractive industry (including current and historic quarrying operations).

1.4.2 The Proposed Quarry will provide access to a high quality and much needed basalt resource and facilitate the expansion of a local family business, with associated employment and economic benefits.

1.4.3 The Proposed Quarry can be established with no impacts on the environmental values of Subject Land, the surrounding area and the Hopkins River. Officers from the Department of Land Environment Water and Planning (DELWP) have inspected the Subject Land and have confirmed that there is no native vegetation within the proposed work authority area and there will be no potential for offsite impacts to flora and fauna, including any species present in the Hopkins River.

1.4.4 The significant buffers incorporated into siting and layout of the Proposed Quarry will ensure that it will not cause any unreasonable amenity impacts to adjoining and nearby land. The extraction area and crushing plant will be at least 500 metres from the nearest dwelling.

1.4.5 The modest scale of operations and significant buffers will ensure there will be no air quality or vibration impacts arising from its operations, including blasting, which will only occur 6-8 times per year.

1.4.6 The Proposed Quarry will not impact groundwater, with the water table estimated to be found at least 20 metres below the proposed floor.

1.4.7 The Proposed Quarry provides for appropriate access and there will be no unreasonable impacts on the safety or operation of the local traffic network. The Proposed Quarry will generate a moderate increase in truck traffic, which can easily be accommodated on the surrounding roads, which are currently used by heavy vehicles associated with agricultural production.

1.4.8 The Work Authority boundary and extraction area of the Proposed Quarry operations have been sited outside of any identified areas of Aboriginal


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cultural heritage sensitivity and will not have any impact on other nearby areas of Aboriginal cultural heritage.

1.4.9 The Proposed Quarry will retain the Subject Land as a large rural allotment, which will be rehabilitated and returned to agricultural production following the completion of the quarry use. It will not compromise farming or agricultural activity on lots in the surrounding area.

1.4.10 The Proposed Quarry is consistent with the objectives of the Farming Zone and all relevant State and local planning policies related to rural areas, the Moyne Shire area and earth and energy resources, as well as the decision guidelines of Clause 52.09.

1.5 The permit application comprises this Planning Report and the following documents which are contained in the appendices:

1.5.1 Appendix 1 Permit Application Form

1.5.2 Appendix 2 Certificate of Title

1.5.3 Appendix 3 Endorsed work plan WA7085

1.5.4 Appendix 4 Statement of reasons

1.5.5 Appendix 5 Referral Consultation Checklist

1.5.6 Appendix 6 Referral Authority responses

1.5.7 Appendix 7 Written notice of statutory endorsement and checklist

1.5.8 Appendix 8 Statutory endorsement conditions


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2 Site analysis The Subject Land

2.1 The Subject Land is located on the western side of Ellerslie-Panmure Road and is approximately 5.6km north of Panmure and 21km north-east of Warrnambool. Its western boundary abuts the Hopkins River and its northern boundary abuts an unnamed creek.

2.2 Described as Lot 1 on TP 402377W and contained within Certificate of Title Volume 06652 Folio 390, the Subject Land is an irregularly shaped rectangular parcel of land with a total area of 77.10 ha. There is a fall of about 35 metres across the Subject Land from the Ellerslie-Panmure Road to Hopkins River to the west.

2.3 The Subject Land is not encumbered by any easements or restrictive covenants, and there is no depth limitation noted on the title plan.

2.4 Existing access to the Subject Land is via several informal crossovers from Ellerslie-Panmure Road.

2.5 The Subject Land is currently used for beef grazing and is predominantly improved pasture with pockets of trees spread throughout the site and along the northern and western boundaries.

Figure 1. The Subject Land (source: Figure 2, Endorsed Work Plan)

Surrounding land

2.6 The Kirrae Whurrong Aboriginal Corporation land is adjacent to the Subject Land across the Hopkins River to the west. The townships of Panmure, Framlingham, Purnim, Cudgee, and Wangoom are within 10km of the Subject Land.

2.7 Adjoining land is used almost exclusively for freehold agricultural pastures. The broader surrounding area also includes current and historic quarry operations, including the previous Panmure Quarry (WA177) (now closed), which was located approximately 1.5 km to the southwest, and the existing Mount Warrnambool Quarry (WA183), which is approximately 4 km to the southeast.


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2.8 As shown above in Figure 1, there are two dwellings within 500m of boundaries of the Subject Land, both on the eastern side of Ellerslie-Panmure Road opposite the Subject Land at 1699 Ellerslie-Panmure Road and 1729 Ellerslie-Panmure Road.

2.9 There are ten other dwellings within a 2km radius of the boundaries of the Subject Land:

2.9.1 Two dwellings approximately 700m to the north;

2.9.2 A dwelling approximately 800m to the south;

2.9.3 A dwelling approximately 1500m to the north;

2.9.4 Six dwellings between approximately 1.2km and 1.8km to the south.

2.10 Buffer distances from the extraction area within the Work Authority area to these sensitive uses will be discussed further below.


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3 The Proposal 3.1 The application seeks planning approval to use and develop the Subject Land for

Extractive Industry in accordance with the Endorsed Work Plan.

The Proposed Quarry

3.2 It is proposed to extract basalt from the Subject Land in the area shown on Figure 3 (‘Site Layout Plan’) of the Endorsed Work Plan.

3.3 The Proposed Quarry will be operated by a local family business and will be modest in scale, providing for a total volume of 1.5 million cubic metres of resource material, with production anticipated to be in the order of approximately 100,000 tonnes per annum.

3.4 The Proposed Quarry will comprise the following:

3.4.1 A total Work Authority area of 61.75 ha.

3.4.2 The proposed maximum extraction area at any one time will be 15 ha, inclusive of approximately 1.5 ha for site access road, amenities, parking, weighbridge and workshop and approximately 6ha for plant and stockpile areas.

3.4.3 The maximum extraction area within the Work Authority will be 24.9 ha.

3.4.4 The maximum depth of any excavation will not extend deeper than 15 metres, with the pit floor designed at RL82 AHD and the base of the sump pit at RL79 AHD.

3.4.5 The total disturbed area (including extraction area, site access road, soil stockpiles, office, weighbridge, amenities, workshop etc) will be 27 ha.

3.4.6 Soil stockpiles will reach no higher than 2 metres, while overburden stockpiles will reach no higher than 8 metres. Product stockpiles will be limited to 10 metres in height. Stockpiles will be located as per Figure 3 of the Endorsed Work Plan.

3.4.7 The proposed disturbed area has been located within the Subject Land to ensure a minimum buffer distance of no less than 500 metres from the nearest dwellings (excluding the dwelling within the Subject Land).

3.4.8 Access to the quarry will be from Ellerslie-Panmure Road via a new access point near the southern boundary of the Subject Land.

3.4.9 The progress and timing of the extraction stages will be largely dependent on market demands.

3.4.10 The Proposed Quarry will commence initially with a 10 ha extraction area and use mobile processing plant. Once an adequate area has been excavated, permanent processing plant and other operational infrastructure will be established at least 10 metres below the natural surface level in the excavation area.

3.4.11 The extraction area will be progressively rehabilitated in accordance with the staging of the expansion as per Figure 4 of the Endorsed Work Plan.

Operating hours

3.5 All activities associated with the Proposed Quarry will occur as follows:


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3.5.1 Monday to Friday: 7:00am to 6:00pm

3.5.2 Saturday: 7:00am to 1:00pm

3.5.3 Sunday & Public Holidays: No Work

3.6 Works outside of these hours will only be for essential maintenance.

Staff and car parking

3.7 The Proposed Quarry will employ between four to five staff.

3.8 Car parking for all staff is proposed near the proposed office and amenities area, approximately 360 metres from the site entrance. See Figure 3 of the Endorsed Work Plan.

3.9 There is adequate unencumbered land within Subject Land to accommodate staff and visitor requirements in both formal and informal arrangements.

Extracting material

3.10 While more weathered materials will be extracted using traditional soft rock techniques to remove stone (excavators and dozers), harder materials will require drilling and blasting.

3.11 It is expected that blasting events will occur only between six and eight times a year.

3.12 Blasting activities will be carried out by an external contractor who will bring all necessary components and materials to the site. Unused materials and explosives will be removed from the site following the conclusion of each blasting event.

3.13 No explosive materials will be stored on site.

3.14 Standard drill and blast techniques will be conducted on site in accordance with the Blasting Management Plan included in the Endorsed Work Plan.

3.15 Blasting times will occur between 10:00am to 3:00pm Monday to Friday.

Processing of material

3.16 The Proposed Quarry will operate with dry processing and as such slimes dams will not be required. The lack of a slimes dam greatly reduces the amount of water required to operate the quarry.

3.17 Processing plant for the Proposed Quarry will compromise a primary unit with associated crusher, control screens and grizzlies, secondary and tertiary units for attritioning, sizing and stockpiling. A mobile unit may be used for backfeeding products or for processing recycled material (recycled concrete, bricks, pavers etc) for blending with the road base, or as a product in itself.

Native vegetation and threatened species

3.18 No native vegetation removal is required for the Proposed Quarry and no threatened or endangered native fauna will be at risk due to the Proposed Quarry operations.

3.19 The extraction area will be located at least 200 metres from, and 30 metres above the Hopkins River and will not be visible from the River or the Kirrae Whurrong Aboriginal Corporation land further to the west. All water used and captured within the extraction area will be retained on site in the sediment dam, which will be approximately 650 metres from the Hopkins River.


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3.20 To the north, the extraction area will be approximately 50 metres from the unnamed creek running adjacent to the northern boundary of the Subject Land. All water used and captured within the extraction area will be directed to the sediment dam, which will be 200 metres from the creek to the north.

3.21 DELWP officers attended the Subject Land in August 2019 to inspect the proposed Work Plan area and confirmed that no native vegetation is likely to be impacted or required to be removed as a result of the Proposed Quarry and associated works. DELWP officers also confirmed that no threatened species have been recorded on the site and would also not be impacted.

3.22 A copy of this email correspondence is included with this application.

Traffic and Access

3.23 As discussed above, access to the Subject Land from Ellerslie-Panmure Road will be maintained but relocated to near the southern boundary of the site.

3.24 Trucks and vehicles will traverse approximately 4.4 km from Princes Highway to the south. Ellerslie-Panmure Road is a well maintained single carriageway with one lane in each direction.

3.25 There will be an increase in the volume of traffic entering and leaving the Subject Land as a result of the Proposed Quarry. This additional traffic is expected to be minimal and can be accommodated by the local road network.

Rehabilitation

3.26 Over its life, the Proposed Quarry will be progressively rehabilitated, with terminal faces smoothed and treated using stockpiled soil and overburden, with the land eventually being returned to its existing agricultural use of livestock grazing. A small area (approximately 3 ha) will be set aside for earthmoving operations and cattle grazing. These uses are not a part of this application and further applications (if required) will be lodged at the appropriate times.

3.27 Terminal quarry faces and benches will be backfilled to a batter no steeper than 1v:3h, and the quarry floor spread with a minimum 500mm of overburden and soil to develop suitable pasture grasses. The quarry sump will be retained as a farm dam.

3.28 Perimeter areas will be planted out at approximately 1,000 specimens per hectare of the following species:

3.28.1 Blue gum - Eucalyptus globulus

3.28.2 Black Wattle - Acacia mearnsii

3.28.3 Common Cassinia - Cassinia aculeata

3.28.4 Rough-barked Honey-myrtle - Acacia acinacea

3.29 Timing of rehabilitation will be dependent on market forces and the quality of material excavated.

3.30 All fixed assets, with the exclusion of processing plant, will be retained on the site and re-used.

3.31 Rehabilitation will occur in accordance with the MRSDA, the Rehabilitation & Site Closure Plan and Figure 4 ‘Rehabilitation Plan’ of the Endorsed Work Plan.


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4 Planning Controls 4.1 This section sets out the relevant objectives, policies and permit triggers of the Moyne

Planning Scheme.

4.2 It is submitted that the proposal is consistent with the zoning affecting the Subject Land and is consistent with all relevant policies.

Why is a permit required?

4.3 In summary, the proposal requires a planning permit under the following provisions of the Planning Scheme:

4.3.1 Farming Zone – schedule to the Farming Zone

Clause 35.07-1 and 35.07-4 – a permit is required to use and develop the land for extractive industry.

4.3.2 Earth and Energy Resources Industry

(a) Clause 52.08-1 – a permit is required to use land for earth and energy resources industry (extractive industry).

Planning Policy Framework

4.4 The Proposed Quarry area must be considered in the context of the relevant planning objectives and policies of the Planning Policy Framework (PPF) and in particular those policies for rural areas and extractive industry.

4.5 The following policies are relevant to the consideration of the application.

Clause 14.03-1S Resource exploration and extraction

4.6 Clause 14.03-1S sets out State planning policy for extractive industry and earth resources generally. The objective of this policy is:

To encourage exploration and extraction of natural resources in accordance with acceptable environmental standards.

4.7 Relevant strategies listed to achieve this objective include:

Provide for the long term protection of natural resources in Victoria.

Protect the opportunity for exploration and extraction of natural resources where this is consistent with overall planning considerations and application of acceptable environmental practice.

Recognise the possible need to provide infrastructure for the exploration and extraction of natural resources.

Ensure planning schemes do not impose conditions on the use or development of land that are inconsistent with the Mineral Resources (Sustainable Development) Act 1990, the Greenhouse Gas Sequestration Act 2008, the Geothermal Energy Resources Act 2005, or the Petroleum Act (1998).

Develop and maintain buffers around mining and quarrying activities.

Ensure planning permit applications clearly define buffer areas appropriate to the nature of the proposed extractive uses, which are to be owned or controlled by the proponent of an extractive industry.


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Determine buffer areas between extractive activities and sensitive land uses on the following considerations:

• Appropriate limits on effects can be met at the sensitive locations using practical and available technology.

• Whether a change of land use in the vicinity of the extractive industry is proposed.

• Use of land within the buffer areas is not limited by adverse effects created by the extractive activities.

• Performance standards identified under the relevant legislation.

• Types of activities within land zoned for public use.

Local Planning Policy Framework

4.8 Extractive industries are not specifically contemplated by the Moyne local planning policy framework beyond recognition that they contribute to the economy of the region.1

4.9 The following clauses of the Local Planning Policy Framework are relevant to the assessment of the application and are considered in the assessment further below:

4.9.1 Clause 21.03 Factors Influencing Future Planning and Development

4.9.2 Clause 21.06 Environment

4.9.3 Clause 21.07 Economic Development

4.9.4 Clause 22.02-2 Rare and Threatened Species

4.9.5 Clause 22.02-3 Potential for Ground Water Recharge

4.9.6 Clause 22.02-4 Susceptibility to Mass Movement

4.9.7 Clause 22.02-5 Pest Plant Management

4.9.8 Clause 22.02-8 Flora and Fauna Local Policy

4.9.9 Clause 22.03-4 Agricultural Production

Zoning & overlays

4.10 The following zone and overlay apply to the Subject Land.

Farming Zone

4.11 The Subject Land is zoned Farming (FZ).

1 Including in Clause 21.06 Environment and Clause 21.07 Economic Development.


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Figure 3. Zone plan (Source: VicPlan)

4.12 The objectives of the FZ seek to provide for extractive industry and compatible uses, including rehabilitation:

To implement the Municipal Planning Strategy and the Planning Policy Framework.

To provide for the use of land for agriculture.

To encourage the retention of productive agricultural land.

To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture.

To encourage the retention of employment and population to support rural communities.

To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

To provide for the use and development of land for the specific purposes identified in a schedule to this zone.

4.13 As noted above, a permit is required to use and develop the land for the purposes of a quarry (extractive industry) pursuant to Clauses 35.07-1 and 35.07-4.

Bushfire Management Overlay

4.14 The Subject Land is partially affected by a Bushfire Management Overlay (BMO).

4.15 A permit is not required under this overlay to use the land for extractive industry. Nevertheless, the Work Plan area is located outside that part of the Subject Land affected by the BMO.


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Figure 4. BMO location plan (Source: VicPlan)

Particular Provisions

4.16 The following particular provisions are relevant to the permit application.

Clause 52.08 Earth and Energy Resources Industry

4.17 The purposes of this Clause are:

To encourage land to be used and developed for exploration and extraction of earth and energy resources in accordance with acceptable environmental standards.

To ensure that mineral extraction, geothermal energy extraction, greenhouse gas sequestration and petroleum extraction are not prohibited land uses.

To ensure that planning controls for the use and development of land for the exploration and extraction of earth and energy resources are consistent with other legislation governing these land uses.

4.18 A permit is required under Clause 52.08-1 to use and develop land for earth and energy resources industry2 if the conditions in the ‘Table of exemptions’ to this Clause are not met.

4.19 An Environmental Effects Statement has not been prepared for the Proposed Quarry and as such a permit is required under this Clause for the use and development of earth and energy resources industry.

Clause 52.09 Extractive Industry and Extractive Industry Interest Areas

4.20 Clause 52.09 applies to all applications to use or develop land for extractive industry, for land within an extractive industry interest areas, or land within 500m of an existing or proposed extractive industry operation.

4.21 The purposes of this clause are:

2 This land use includes Extractive Industry, per Clause 73.03 Land Use Terms


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To ensure that use and development of land for extractive industry does not adversely affect the environment or amenity of the area during or after extraction.

To ensure that excavated areas can be appropriately rehabilitated.

To ensure that stone resources, which may be required by the community for future use, are protected from inappropriate use and development.

4.22 This clause sets out specific requirements for extractive industry proposals and requires all permit applications to be accompanied by (at clause 52.09-2):

A copy of a work plan or a variation to an approved work plan that has received statutory endorsement under section 77TD of the Mineral Resources (Sustainable Development) Act 1990.

The written notice of statutory endorsement under section 77TD(1) of the Mineral Resources (Sustainable Development) Act 1990.

Any conditions specified under section 77TD(3) of the Mineral Resources (Sustainable Development) Act 1990.

4.23 The above documents have been included in this permit application.

4.24 It is noted that a number of requirements relating to extractive industry are set out under Clause 52.09-5 and 52.09-6, including permit conditions, boundary setbacks, the provision of screen planting and the provision of car parking areas.

External referrals

4.25 DJPR referred the Proposed Quarry application to the following referral bodies:

• Environmental Protection Agency

• Heritage Victoria

• Southern Rural Water

• Glenelg Hopkins Catchment Management Authority (GHCMA)

4.26 Of these four referral authorities, only Heritage Victoria and the GHCMA provided a response to DJPR. Neither objected to the endorsement of WA7085. The received responses have been provided at Appendix 6.

4.27 The application was also informally referred to DELWP. DELWP officers inspected the Subject Land and surrounding area in August 2019 and confirmed in writing that no native vegetation is likely to be impacted or required to be removed as a result of the Proposed Quarry and associated works, and that no threatened species have been recorded on the site and there was no potential for offsite impacts to flora and fauna, including any species present in the Hopkins River. A copy of this correspondence is included at Appendix 6.

4.28 We note that Clause 52.09 was amended recently by VC160 and now confirms that external referrals undertaken as part of the statutory endorsement of the Work Plan do not need to be re-referred for the purposes of Clause 66 of the Moyne Planning Scheme. Specifically, Clause 52.09-3 provides:


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Referral of applications

An application to use or develop land for extractive industry must be referred under section 55 of the Act to the person or body specified as the referral authority in Clause 66.

Unless the referral authority is the Roads Corporation, the referral requirement in Clause 66 does not apply if a copy of a work plan or variation to an approved work plan accompanying the application was given to the referral authority under section 77TE of the Mineral Resources (Sustainable Development) Act 1990.


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5 Planning Assessment Strategic and Land Use considerations

5.1 The objectives of the Farming Zone and planning policy relevant to the Proposed Quarry generally seek to protect the use of land for agricultural purposes and promote economic development that is compatible with agricultural uses.

5.2 The Proposed Quarry will secure a valuable basalt resource at the Subject Land well into the foreseeable future and, through the maintenance of appropriate buffers, will do so without compromising the continued use of surrounding land for agriculture. It will also not impact the environmentally values of the surrounding, including the Hopkins River or any other nearby watercourse.

5.3 It is submitted that the Proposed Quarry will not compromise farming activity in the area and is consistent with the Farming Zone and planning policy for rural areas and Moyne Shire. In particular:

5.3.1 The Proposed Quarry will retain the Subject Land as a large rural allotment, which will be rehabilitated and returned to agricultural uses following the completion of the quarry use.

5.3.2 The Farming Zone seeks to promote the use of land for agricultural activities as well as uses which are compatible with agricultural and other rural activities. The use of land for a quarry is consistent with these purposes and the continued use of the Subject Land for extractive industry will not adversely affect the ability of surrounding land to satisfy these ambitions.3

5.3.3 The Proposed Quarry will provide access to a valuable basalt resource and will extract this resource in a manner that is entirely consistent with State planning policies for earth and energy resources.

5.3.4 The Proposed Quarry has been designed so that it can provide and maintain sufficient land for buffer purposes, with all sensitive uses (save for the dwelling on the Subject Land) at least 500m from the extraction boundary.

5.3.5 The Proposed Quarry will incorporate landscaping screens, bunding and progressive rehabilitation works which will ensure that visual impacts are minimised and the rural character of the area will be maintained, particularly when viewed from nearby dwellings and the Hopkins River and Kirrae Whurrong Aboriginal Corporation land to the west of the Subject Land. Refer to Figure 5 Sight Line Plan of the Endorsed Work Plan for further details of visual impacts on nearby dwellings.

5.4 Overall it is submitted that the Proposed Quarry is consistent with the objectives of the Farming Zone and relevant state and local planning policy.

Traffic

5.5 The Proposed Quarry will gain access to the local road network via a new crossover near the southern boundary. Vehicles will then traverse approximately 4.4km south to Princes Highway. Ellerslie-Panmure Road is a recently upgraded two lane single

3 See Gibson v Moyne SC [2014] VCAT 916 at [121]


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carriage roadway in excellent condition and can accommodate the minimal increase in traffic expected to be generated by the Proposed Quarry.

5.6 It is submitted that the traffic operations of the Proposed Quarry will be consistent with the Subject Land’s rural traffic context, in which heavy vehicles currently operate in connection with existing agricultural and quarrying uses. Any moderate increase in truck movements as a result of the Proposed Quarry can be accommodated on the local road network without any unreasonable impacts to its safety or to the surrounding amenity.

Amenity

5.7 As a large rural allotment surrounded by agricultural uses, the Subject Land is highly suited to the Proposed Quarry. There are two dwellings within 500m of the Subject Land and Work Authority boundary, both also located in the Farming Zone. Accordingly, the extraction area has been sited within the Subject Land to ensure a minimum buffer distance of 500m to all nearby dwellings to ensure noise and dust impacts are contained to the Subject Land.

5.8 The Endorsed Work Plan contains a range of safety and environmental controls to address the potential for impacts on the surrounding area, including noise, dust, sediment control and stormwater runoff. All staff will be required to be aware of and comply with these requirements, which will be enforced through the Work Authority.

5.9 It is submitted that the Proposed Quarry will not cause any unreasonable amenity impacts on the surrounding area for the following reasons:

5.9.1 The Subject Land is a large rural allotment situated within an area used for agricultural activities and benefitting from substantial setbacks to surrounding sensitive uses.

5.9.2 All processing that will take place on the Subject Land will be located well away from sensitive uses, and within the extraction pit below natural ground level.

5.9.3 The siting and design of the proposed extraction area will ensure that buffer distances of at least 500m can be provided to all nearby sensitive uses.

5.9.4 Maintenance and replanting of screening vegetation, landscaping of any bunding and ongoing progressive rehabilitation, establishing vegetation on dumps, stockpiles and rehabilitated batters, planning of extraction stages to maximise activities below crest line.

5.9.5 Blasting events will be carried out between only six to eight times a year, and will be done in accordance with all relevant requirements by appropriately qualified external contractors. Nearby landowners will be notified in advance of any blasting activities. While blasting can result in amenity impacts for nearby land, particularly noise and vibration, the frequency of proposed blasting will ensure that amenity impacts on sensitive uses from these activities will be reasonable. It is also noted that the surrounding land is zoned and used for agricultural activities and is currently subject to noise and amenity impacts from farming and other non-residential uses.


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5.9.6 DJPR is satisfied that the Proposed Quarry will comply with the relevant noise and amenity standards and will be operated in accordance with the management requirements found in the Work Plan and Work Authority.

Landscape

5.10 The Proposed Quarry is to be located over a large, cleared area of land currently used for cattle grazing. No native vegetation removal is required to allow for the extraction area. This has been confirmed by an inspection by DELWP officers in August 2019.

5.11 Figure 4 Rehabilitation Plan of the Endorsed Work Plan shows that the extraction areas will be progressively rehabilitated as usable material is exhausted. This process will involve the stabilisation of land with overburden where necessary, covering with stockpiled top soil and planted primarily with grasses suitable for cattle grazing. Reclaiming the exhausted extraction areas for pasture will enable the land to be used for agricultural purposes, entirely consistent with the purpose of the FZ.

5.12 Vegetation screens are proposed for the front (eastern), southern and western boundaries to improve the amount of native vegetation on the Subject Land as well as provide visual screens for nearby dwellings. Species proposed to be planted are listed above. The Subject Land’s interface with the Hopkins River will be a particular focus for vegetation screening, with a 5 metre wide vegetation buffer proposed along the entire western boundary.

Aboriginal Cultural Heritage

5.13 It is acknowledged that parts of the Subject Land are within an identified area of Aboriginal Cultural Heritage Sensitivity, see Figure 5 below. \. The Work Plan area for the Proposed Quarry has been carefully located outside these areas to remove any risk of detrimental impacts on Aboriginal Cultural Heritage. As such, a Cultural Heritage Management Plan is not required to be prepared for the Proposed Quarry.

Figure 5: Source VicPlan

5.14 Refer to the ‘WA Area Plan’ on Figure 3. ‘Site Layout Plan’ which shows the area of Aboriginal Cultural Heritage Sensitivity in relation to the Work Authority area and the


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‘Declaration of Cultural Heritage Management Plan Requirement’ included with the Endorsed Work Plan.

Flooding

5.15 The extraction area will be located near the highest parts of the Subject Land and will not be subject to surface water flows. As such, the Proposed Quarry is not likely be affected by flooding.

Water management

5.16 The water table estimated to be found at RL 50 AHD to RL 60 AHD and at least 20 metres below the proposed quarry floor. The maximum depth of extraction will reach approximately RL 82 AHD with the quarry sump at RL 79 AHD, and as such ground water is not expected to be encountered during any stage of the quarry works.

5.17 The large buffer distance of approximately 20 metres between the quarry floor and the ground water level will also ensure that extraction operations will remain well above the ground water level taking in to account any seasonable variability, including flooding, to the ground water level.

5.18 If groundwater is unintentionally encountered, the relevant water authority will be contacted and the relevant water licences obtained.

5.19 The Subject Land is an elevated site with no transient surface water flows. Incidental rainfall will be collected where encountered in the extraction area. Surface water will be directed away from the extraction area and other disturbed areas by constructed surface contour drains to either the quarry sump or sedimentation dam.

5.20 No rain water or water from quarry operations will be discharged from the site to adjacent land, the creek to the north or the Hopkins River.

Car parking

5.21 Car parking for staff will be provided near the quarry amenities. Given the large size of the site, it is expect that adequate space within the Subject Land can be devoted to adequate staff and visitor car parking requirements.

Native vegetation removal

5.22 As noted above, no native vegetation removal is required for the Proposed Quarry and no threatened or endangered native fauna will be at risk due to the Quarry’s operations.

5.23 The extraction area will be located at least 200 metres from and 30 metres above the Hopkins River and will not be visible from the River or the Kirrae Whurrong Aboriginal Corporation land further to the west. All water used and captured within the extraction area will be retained on site in the sediment dam, which will be approximately 650 metres from the Hopkins River.

5.24 To the north, the extraction area will be approximately 50 metres from the unnamed creek running adjacent to the northern boundary of the Subject Land. All water used and captured within the extraction area will be directed to the sediment dam, which will be 200 metres from the creek to the north.

5.25 DELWP officers have inspected the site and are satisfied that no native vegetation will require removal and no threatened species in the nearby Hopkins River will be at risk from the Proposed Quarry’s operations (see Appendix 6).


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Local Planning Policy Framework

5.26 The relevant provisions of the LPPF are discussed below.

Clause 21.03 Factors Influencing Future Planning and Development

5.27 This Clause, inter alia, recognises the importance of agriculture, tourism, coastal areas, native vegetation and heritage to the Moyne Shire.

5.28 The Proposed Quarry will be located well away from any important tourism or heritage assets and does not require the removal of native vegetation.

5.29 In relation to agriculture, the Subject Land is within the Farming Zone and is currently used as for cattle grazing. The Proposed Quarry will retain parts of the Subject Land for the cattle grazing business and will be returned to agricultural uses as the extraction area is progressively rehabilitated, eventually returning to pasture to support cattle grazing. On this basis, the Proposed Quarry will be consistent with local planning policies that encourage the protection of agriculture in Moyne Shire.

Clause 21.06 Environment

5.30 This Clause recognises the importance of the environment to Moyne Shire and sets out objectives and strategies to preserve and enhance the various environmental landscapes of the Shire. The Proposed Quarry will appropriately respond to these objectives and strategies.

5.31 The Subject Land is largely cleared of native vegetation and currently used for cattle grazing. There are patches of native vegetation near the western boundary with the Hopkins River, and these will be retained as the Work Authority boundary will be at least 200m from this boundary.

5.32 The Endorsed Work Plan, through the Risk Management Plan and Rehabilitation Plan, recognises the risk presented by pest animals and noxious weeds and sets out the procedures to managing both concerns at the Subject Land over the course of the quarry’s life.

5.33 Rainwater collected in the excavation area will be directed to the quarry sump and used for dust suppression and irrigation. Water used in the processing of materials will be directed to the quarry sump or sediment dams and reused. No slimes will be produced as a part of the Proposed Quarry operations and no water from quarry operations will be discharged from the Subject Land.

5.34 All waste within the Subject Land (including domestic waste, sewage and industrial waste) will be removed by licenced contractors. The quarry itself does not generate any waste. Overburden will be stored and re-used in the rehabilitation process.

Clause 21.07 Economic Development

5.35 While agriculture is the most important industry to the Moyne economy, encouraging diversity in the economic base is an objective of this Clause.

5.36 As noted above, the Proposed Quarry will not permanently remove the Subject Land from the agricultural base, and will also contribute to the diversification of Moyne’s economy and is supported by this Clause.

Clause 22.02-2 Rare and Threatened Species

5.37 The protection of biodiversity and threatened species is critical to the environment and economy of Moyne Shire.


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5.38 The Proposed Quarry does not require the removal of any native vegetation as most of the site is currently cleared pasture. The areas of native vegetation near the adjacent waterways will be located at an appropriate distance from the Work Plan area to avoid the loss of any native vegetation.

Clause 22.02-3 Potential for Ground Water Recharge

5.39 This Clause identifies various areas of Moyne Shire as being high potential recharge areas and developments in those areas can have detrimental impacts on water quality if discharge is not appropriately managed.

5.40 The water table within the Subject Land has been estimated to sit at between RL 50 AHD and RL 60 AHD, and approximately 20 metres below the proposed quarry floor. It is not expected that the Proposed Quarry will have any impact on the water table or result in ground water discharge. As noted above, this large buffer distance will ensure that quarry operations will not encounter ground water during seasonal variations and flooding events.

5.41 Glenelg Hopkins Catchment Management Authority have reviewed the application and did not object or provide any conditions.

5.42 Refer to Figure 1 – Water Management Plan of the Endorsed Work Plan for further details of the flow of water within the extraction area.

Clause 22.02-4 Susceptibility to Mass Movement

5.43 Geological assessments have not identified any areas of the Subject Land as liable to land slip.

Clause 22.02-5 Pest Plant Management

5.44 As noted above, the Endorsed Work Plan recognises the risks presented by pest vegetation and vermin and procedures are set out in the Risk Management Plan and Rehabilitation Plan to address these risks.

Clause 22.02-8 Flora and Fauna Local Policy

5.45 As noted above, no native vegetation is proposed to be removed to allow for the Proposed Quarry, and quarry operations will have no impact on any threatened species in habitats surrounding the Subject Land. The extraction area will be located over existing cleared land currently used for pasture and is free of any significant vegetation and threatened species habitat.

Clause 22.03-4 Agricultural Production

5.46 As noted above, agricultural uses are important to the Moyne Shire region and economy. The Proposed Quarry will retain parts of the land for agricultural uses (including cattle grazing) and the extraction area will be returned to agricultural uses with the progressive rehabilitation

5.47 Once the useable material within the extraction area has been exhausted, the Subject Land will be returned to pasture to support the existing and ongoing cattle grazing use. A small part of the site will be retained for the purposes of an earthmoving operation. As noted above, this is not part of the current application and will be subject to further applications as required.

Clause 52.09 Extractive Industry and Extractive Industry Interest Areas

5.48 The purposes and requirements of this Clause are set out above.


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5.49 In determining the application, the following decision guidelines must be taken into account:

The effect of the proposed extractive industry on any native flora and fauna on and near the land.

The impact of the proposed extractive industry on sites of cultural and historic significance, including any effects on Aboriginal places.

The effect of the proposed extractive industry on the natural and cultural landscape of the surrounding land and the locality generally.

The ability of the proposed extractive industry to contain any emissions within the boundaries of the land in accordance with relevant legislation.

The effect of vehicular traffic, noise, blasting, dust and vibration on the amenity of the surrounding area.

The ability to rehabilitate the affected land to a form or for a use which is compatible with the natural systems or visual appearance of the surrounding area.

The ability to rehabilitate the land so it can be used for a purpose or purposes beneficial to the community.

The effect of the proposed extractive industry on groundwater quality and the impact on any affected water uses.

The impact of the proposed extractive industry on surface drainage and surface water quality.

Any proposed provisions, conditions or requirements in a work plan that has received statutory endorsement under the Mineral Resources (Sustainable Development) Act 1990.

5.50 The matters discussed in the above decision guidelines have been addressed in the above assessment. We note that the Proposed Quarry satisfactorily addresses each of these decision guidelines and is an appropriate response for the Subject Land.

5.51 This Clause sets out what conditions must and must not be put on a permit for the use and development of land for extractive industry at Clause 52.09-5.

5.52 We note that no conditions may be included that limit the time in which the use must be completed unless the Subject Land is situation in or adjoins land that is or is proposed to be developed for urban purposes. The surrounding land is zoned Farming Zone and currently cannot be used for urban purposes and this condition cannot be included on the permit.

5.53 Hopkins Stone do not propose to include a condition limiting the time in which the Proposed Quarry must be completed.

5.54 Hopkins Stone consent to conditions being included on the permit consistent with Clause 52.09-6.

5.55 Clause 52.09-6 contains three requirements that the Proposed Quarry must comply with:

Except in accordance with a permit, no alteration may be made to the natural condition or topography of the land within 20 metres of the boundary


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of land. This does not apply to driveways, drains, bund walls or landscaping.

Shrubs and trees must be planted and maintained to screen activity on the land.

Parking areas must be provided for employees’ cars and all vehicles used on the land.

5.56 The Endorsed Work Plan makes provision for these requirements and the Proposed Quarry will satisfactorily comply with them over the course of the quarry’s life.


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6 Conclusions

6.1 The Subject Land is a large rural allotment situated within an area used for agricultural activities and extractive industry (including current and historic quarrying operations).

6.2 The Endorsed Work Plan makes provision for these requirements and the Proposed Quarry will satisfactorily comply with them over the course of the quarry’s life.

6.3 The Proposed Quarry will provide access to a high quality and much needed basalt resource and facilitate the expansion of a local family business, with associated employment and economic benefits.

6.4 The Proposed Quarry can be established with no impacts on the environmental values of Subject Land, the surrounding area and the Hopkins River. Officers from DELWP have inspected the Subject Land and have confirmed that there is no native vegetation within the proposed work authority area and there will be no potential for offsite impacts to flora and fauna, including any species present in the Hopkins River.

6.5 The significant buffers incorporated into siting and layout of the Proposed Quarry will ensure that it will not cause any unreasonable amenity impacts to adjoining and nearby land. The extraction area and crushing plant will be at least 500 metres from the nearest dwelling.

6.6 The modest scale of operations and significant buffers will ensure there will be no air quality or vibration impacts arising from its operations, including blasting, which will only occur 6-8 times per year.

6.7 The Proposed Quarry will not impact groundwater, with the water table estimated to be found at least 20 metres below the proposed floor.

6.8 The Proposed Quarry provides for appropriate access and there will be no unreasonable impacts on the safety or operation of the local traffic network. The Proposed Quarry will generate a moderate increase in truck traffic, which can easily be accommodated on the surrounding roads, which are currently used by heavy vehicles associated with agricultural production.

6.9 The Work Authority boundary and extraction area of the Proposed Quarry operations have been sited outside of any identified areas of Aboriginal cultural heritage sensitivity and will not have any impact on other nearby areas of Aboriginal cultural heritage.

6.10 The Proposed Quarry will retain the Subject Land as a large rural allotment, which will be rehabilitated and returned to agricultural production following the completion of the quarry use. It will not compromise farming or agricultural activity on lots in the surrounding area.

6.11 The Proposed Quarry is consistent with the objectives of the Farming Zone and all relevant State and local planning policies related to rural areas, the Moyne Shire area and earth and energy resources, as well as the decision guidelines of Clause 52.09.

Appendix 1_Permit Application Form

Appendix 2_Certificate of Title

Appendix 3_Endorsed Work Plan 7085

Appendix 4_ Statement of reasons

Appendix 5_ Statutory Endorsement Referral Authority Checklist

Appendix 6_ Referral Authority responses

Appendix 7_ Written notice of statutory endorsement and checklist

Appendix 8_ Statutory endorsement conditions

proposed basalt quarry 1690 ellerslie-panmure road, panmure

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