Wambo Coal AEMR 2011-2012 - Peabody Energy

2011-2012 AEMR
Australian Standard AS4282 (INT) 1995 – Control of
Obtrusive Effects of Outdoor Lighting. The
independent audit completed in June 2011
concluded WCPL lighting did meet the requirements
of AS4282.
During this reporting period there were no
community complaints in relation to lighting,
compared to five complaints reported to WCPL in
the previous AEMR reporting period. The reduction
in complaints is largely due to change in procedures
implemented by WCPL and completion of mining
activities in the vicinity of the Rug Dump.
3.13 Cultural and Natural
Heritage Conservation
3.13.1 Aboriginal Heritage
3.13.1.1 Environmental Management
Archaeology and Cultural Heritage is managed in
accordance with the National Parks and Wildlife Act
1974 (NPW Act), the Aboriginal Cultural Heritage
Consultation Requirements for Proponents 2010
(ACHCRs) and the Environmental Planning and
Assessment Act 1979 (EP&A Act). The NPW Act
provides protection for Aboriginal objects or places,
while the EP&A Act ensures that Aboriginal cultural
heritage is properly assessed in land use planning
and development. The NPW Act provides statutory
protection for all Aboriginal heritage, places and
objects with penalties levied for breaches of the Act.
This legislation is overseen by the Office of
Environment and Heritage (OEH). Part 6 of this Act
is the relevant part concerned with Aboriginal
objects and places, with Section 86, 87, 89A and
Section 90 being the most pertinent.
The Aboriginal Cultural Heritage Consultation
Requirements for Proponents (ACHCR’s) were
issued by OEH on 12th April 2010. These
consultation requirements generally replace the
previously issued Interim Community Consultation
Requirements (ICCR) for Applicants (DEC 2004).
The ACHCR guidelines apply to all AHIP
applications prepared after 12th April 2010. For
projects commenced before the 12th April 2010,
Section 1 (Q1) of the transitional arrangements
indicates that if Aboriginal consultation was
commenced prior to the 12th April 2010 (including
advertising and notification of stakeholders), then
consultation is to be continued under the previous
ICCR guidelines.
Aboriginal heritage sites within the WCPL mining
leases were identified and assessed during the
2003 EIS. The location of sites is shown on Figure
3.21.
The WCPL Surface Disturbance Permit (SDP)
process requires the location of the proposed
disturbance to be checked, to ensure that an
archaeological and heritage assessment has been
conducted and that any Aboriginal artefacts or
objects likely to be impacted upon have been
salvaged in accordance with the relevant permits
issued under the NPW Act, or are protected from
disturbance.
OEH released a publication entitled Due Diligence
Code of Practice for the Protection of Aboriginal
Objects in New South Wales on 24th September
2010. This Code of Practice was developed with the
express intention of satisfying the due diligence
requirement contained within s87(2) of the NPW Act
1974. In September 2010, the NSW Minerals
Council released a publication entitled NSW
Minerals Industry Due Diligence Code of Practice
for the Protection of Aboriginal Objects which is a
recognised industry specific code of practice. Due
diligence inspection relates to the physical
identification of Aboriginal objects. Community
consultation is only required once Aboriginal objects
have been detected and if an Aboriginal Heritage
Impact Permit (AHIP) is deemed necessary. The
OEH due diligence requirements are described as
the minimum standard of care required, however, it
is noted within that Code of Practice that any
industry-specific due diligence procedures of a
higher standard should be followed instead.
3.13.1.2 Environmental Performance
A Section 87/ 90 Permit (#2222) (now known as an
Aboriginal Heritage Impact Permit) was issued to
WCPL by the DEC (later DECCW and now OEH)
under the NPW Act on 20 June 2005. In
consultation with the DECCW and local Aboriginal
groups, the DECCW granted approval to extend the
permit for an additional 5 years, expiring on the 19
June 2015.
Ongoing artefact analysis works associated with the
salvage programme were conducted during the
reporting period in accordance with the
requirements under Permit #2222. The salvage
programme targeted sites in the approved Open Cut
disturbance area.
The arrangements for the salvage operation
followed the Interim Community Consultation
Guidelines (ICCG) issued by the DEC in 2004. All
respondents to the ICCG process attended a site
induction at WCPL on 12 February 2009. The
members of the Wonnarua Aboriginal Community
Page 72