MAJOR PROJECT ASSESSMENT

Douglas North 66/11kV Substation

Appin Coal Mine

Director-Generals
Environmental Assessment Report
Section 75I of the
Environmental Planning and Assessment Act 1979
June 2007

Douglas North 66/11kV Substation Appin Coal Mine

Director-Generals Environmental Assessment Report

Cover: 3D computer projection of the proposed Douglas North Substation.

Crown copyright 2007

Published June 2007
NSW Department of Planning
www.planning.nsw.gov.au
Disclaimer:
While every reasonable effort has been made to
ensure that this document is correct at the time of
publication, the State of New South Wales, its agents
and employees, disclaim any and all liability to any
person in respect of anything or the consequences
of anything done or omitted to be done in reliance
upon the whole or any part of this document

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Director-Generals Environmental Assessment Report

EXECUTIVE SUMMARY
BHP Billiton Illawarra Coal Holdings Pty Limited (BHP Billiton) proposes to construct and operate an
electricity supply substation at Douglas Park within the Wollondilly local government area (Figure 1).
The substation would enable the supply of increased power to the Appin Coal Mine.

Figure 1: Maps showing the location of the proposed substation.

The proposal is classified as a major project under Part 3A of the Environmental Planning and
Assessment Act 1979 (EP&A Act), and consequently the Minister for Planning is the approval
authority for the project.
The Department exhibited the environmental assessment for the project between 13 March 2007 and
13 April 2007.
The main issue raised during the public exhibition period was flora and fauna. The project requires the
removal of a small amount (about 0.2 hectare) of good quality vegetation generally comprising Shale
Sandstone Transitional Forest endangered ecological community (EEC). Following its assessment,
the Department is satisfied that the project would not have a significant impact on this EEC, or on any
threatened species. The Department has recommended conditions of approval requiring BHP Billiton
to provide a biodiversity offset by excluding grazing from the site to compensate for clearing 0.2
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hectares of vegetation and also to prepare a Vegetation Clearing Protocol prior to undertaking any
works on the site.
The Department is satisfied that other environmental impacts of the proposal are minor, and can be
mitigated and/or managed to ensure an acceptable level of environmental performance.
The Department believes the project would generate socio-economic benefits by attracting capital
investment of $3.6 million to the region, and employing 20 people during its construction. More
importantly, it would facilitate ongoing mining operations at the Appin Coal Mine, which is a major
employer in the Appin region.
On balance, the Department believes the benefits of the proposal outweigh its potential costs, and
subsequently believes it is in the public interest and should be approved.

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Douglas North 66/11kV Substation Appin Coal Mine

1.

Director-Generals Environmental Assessment Report

PROPOSED PROJECT

BHP Billiton proposes to construct and operate an electricity supply substation at Douglas Park (MP
06_0287). This substation will transform power from 66 kV to 11 kV before delivering it underground to
Appin coal mine via specially constructed boreholes. The major components of the project are (see
Figure 2):
two 66/11 kV transformers and electricity supply distribution switching station components;
two demountable single level control buildings; and
an access road, security fencing, switchyard lighting and three boreholes.

Figure 2: Project Layout

An upgrade of the mines 11kV capacity and 11kV distribution network is required to support current
operations, and allow continued extraction of coal reserves. The objective of the project is to increase
the existing underground supply at the mine to 25 megavolt amperes (MVA) capacity.
The location of the proposed switching station is approximately 200 metres northwest of the Nepean
River, and 170 metres from the nearest residence. Alternate project locations were considered;
however, BHP Billiton considers this location to be the preferred option as it provides energy
efficiencies, being located closer to the point of consumption than other potential project locations.
The project is estimated to cost $3.6 million, and would generate 20 construction jobs.
BHP Billiton lodged an environmental assessment for the project with the Department on 14 February
2007.

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Douglas North 66/11kV Substation Appin Coal Mine

2.

STATUTORY CONTEXT

2.1

Major Project

Director-Generals Environmental Assessment Report

Under the State Environmental Planning Policy (Major Projects) 2005, the proposal is classified as a
major project as it involves development for the purposes of coal mining. As such, the project is to be
assessed under Part 3A of the EP&A Act, and the Minister for Planning is the approval authority for
the project.

2.2

Permissibility

The project is located on land zoned Rural A1 under the Wollondilly Local Environment Plan 1991,
and is permissible with consent in this zone.

2.3

Exhibition

The Department exhibited the environmental assessment of the project from 13 March 2007 until 13
April 2007 in accordance with the requirements in section 75H of the EP&A Act.

2.4

Objects of the EP&A Act

All decisions made under the EP&A Act must have regard to the Acts objects, as set out in Section 5
of the Act. The Ministers consideration and determination of the project application must therefore be
consistent with the objects of the Act. Most relevantly, these are.
(a)

to encourage:
(i)
the proper management, development and conservation of natural and artificial
resources, including agricultural land, natural areas, forests, minerals, water, cities,
towns and villages for the purpose of promoting the social and economic welfare of
the community and a better environment,
(ii)
the promotion and co-ordination of the orderly and economic use and development
of land,
(vi) the protection of the environment, including the protection and conservation of
native animals and plants, including threatened species, populations and
ecological communities, and their habitats, and
(vii) ecologically sustainable development

The Department has taken into account all objects of the Act, including the encouragement of
Ecologically Sustainable Development (ESD), in its assessment of the project application. The
Department is satisfied that its assessment complies with the objects of the EP&A Act and that the
Minister may determine the project accordingly.

2.5

Environmental Planning Instruments

Under section 75I(2) of the EP&A Act, the Director-Generals report is required to include a copy of, or
reference to, the provisions of any State Environmental Planning Policies (SEPPs) that substantially
govern the carrying out of the project.

The Department is generally satisfied that there are no SEPPs that substantially govern the carrying
out of the project, but has assessed the proposal against the relevant provisions of the following
environmental planning instruments (see Appendix D):
SEPP No.11 Traffic Generating Developments;
Sydney Regional Environmental Plan No 20 Hawkesbury-Nepean River; and
Wollondilly Local Environment Plan 1991.
This assessment concludes that the project can be conducted in a manner that is consistent with the
relevant requirements of these planning instruments.

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Douglas North 66/11kV Substation Appin Coal Mine

2.6

Director-Generals Environmental Assessment Report

Statement of Compliance

Under Section 75I of the EP&A Act, the Director-Generals report is required to include a statement
relating to compliance with the environmental assessment requirements with respect to the Project.
The Department is satisfied that the Director-Generals environmental assessment requirements have
been complied with.

3.

ISSUES RAISED IN SUBMISSIONS

The Department received 7 submissions on the project; one from the Northern Illawarra Aboriginal
Collective Inc (NIAC), and 6 from public authorities (the former Department of Environment and
Conservation, now the Department of Environment and Climate Change (DECC), Wollondilly Shire
Council (WSC), Department of Primary Industries (DPI), Integral Energy, the former Department of
Natural Resources (DNR), and the Mine Subsidence Board (MSB) see Appendix C).
Only the NIAC submission objected to the project, on the basis that consultation with Aboriginal
stakeholders was inadequate.
Integral Energy and DNR did not offer any specific comment on the project.
Both the DECC and WSC were primarily concerned with issues relating to flora and fauna. These
concerns included ensuring that an adequate biodiversity offset would be provided to compensate for
proposed vegetation clearing, weed control measures, and minimising the impact to the Shale
Sandstone Transition Forest EEC.
The DEC also recommended that BHP Billitons Cultural Heritage Management Plan be extended in
scope to include archaeological testing in all areas that would be impacted by the project. The WSC
also provided specific recommendations for erosion and sediment control, vegetation clearing,
management of the on-site sewage system, waste management and Aboriginal cultural heritage
management.
The MSB recommended that the Department require BHP Billiton to certify that structures have been
designed to accommodate potential subsidence, as the site is within a mine subsidence district.
BHP Billiton provided a response to all of these issues (see Appendix B), and the Department has
considered the issues and BHP Billitons response to these issues in more detail in Section 4 below.

4.

ASSESSMENT

4.1

Flora and Fauna

The site contains some areas of good quality native vegetation (see Figure 2), particularly in the
riparian zone of the Nepean River. Most of this vegetation consists of Shale Sandstone Transition
Forest, which is listed as an EEC under the Threatened Species Conservation Act 1995 (TSC Act)
and the Commonwealths Environment Protection and Biodiversity Act 1999 (EPBC Act). This
vegetation is potential habitat for a number of threatened fauna species listed under both the TSC and
EPBC Acts. However, no threatened flora species were located during the assessment of the sites
vegetation. The vegetation along the margin of the Nepean River also forms an important habitat
corridor for the region.
BHP Billiton proposes to locate most of the planned infrastructure within areas that have been
previously cleared; that is, open grassland areas or existing tracks or easements. However, the
proposed works would involve the removal of up to 0.2 hectares of EEC, which represents 0.0036% of
the 5,381 hectares of this EEC that occurs within a 10 kilometre radius of this site.
Although this amount of clearing is very small on a regional scale, there will be localised impacts on
the site which both the DEC and the Department believe should be offset by a conservation measure
to ensure there is a long-term net improvement in biodiversity values on the site.

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BHP Billiton responded to this concern by committing to the exclusion of exotic grazing animals from
the 5.7 hectare site (see Appendix B) and revegetation plantings on 0.6 hectares of the site. This
offset would allow the Shale Sandstone Transitional Forest to regenerate on the site, and ensure the
ongoing vigour of the riparian vegetation along the Nepean River. The DECC and the Department
support this proposal, and the Department has recommended an additional condition requiring BHP
Billiton to manage the site to ensure the regeneration and protection of native vegetation on the site by
measures including controlling weeds and preventing rubbish dumping.
BHP Billitons assessment concluded that while the proposed works will modify 0.8 hectares of
potential habitat (including edge effects to the area of clearing) for 22 threatened or migratory fauna
species, given the mobility of these species and the extent of similar habitat in the immediate vicinity
of the site, it is unlikely that the project would have a significant impact on them.
The Department is satisfied with BHP Billitons assessment of flora and fauna and, with the mitigating
strategies outlined above, is satisfied that the project would not result in any significant impact on flora
and fauna.

4.2

Cultural Heritage

There is one known Aboriginal heritage item and no European heritage items within the project area.
However, the Aboriginal site would not be disturbed by construction activities and would be protected
by a fenced buffer zone. BHP Billiton also proposes to implement a Cultural Heritage Management
Plan (CHMP) involving test excavations in areas that would be disturbed by the footprint of proposed
buildings.
The DECC recommended that these excavations be expanded to also include broader areas impacted
by vehicles and construction activities. BHP Billiton has agreed to implement this recommendation,
and other DECC recommendations to improve the robustness of the CHMP, including consultation
with Aboriginal stakeholders if the on-site investigations identify any Aboriginal objects.
The Northern Illawarra Aboriginal Collective Inc (NIAC) objected strongly to the project on the basis
that BHP Billiton did not adequately consult with all appropriate Aboriginal groups and NIAC had been
excluded from participating in cultural heritage field work for the project. However, DECC indicated in
its submission that the Aboriginal Heritage Assessment was conducted generally in accordance with
DECC guidance. The Department therefore raised NIACs concerns with DECC which confirmed that
its guidelines for consultation with Aboriginal stakeholders had been followed.
The Department accepts that BHP Billiton has undertaken its assessment of Aboriginal cultural
heritage on the site in accordance with the guidelines and that NIAC was provided with an appropriate
opportunity to participate. Additionally, if the test excavations required by the CHMP were to locate
previously unknown Aboriginal artefacts, BHP Billiton has given an undertaking (in its response to
submissions) to consult with relevant Aboriginal groups (which would include NIAC) about all
management actions for these artefacts.
The Department is satisfied with the content of the CHMP, BHP Billitons proposed investigation of the
potential for additional archaeological artefacts, and its proposed management of known artefacts.
BHP Billitons commitments in this regard are such that the Department believes that no additional
conditions are required.

4.3

Other Issues

Other environmental aspects associated with the project have been considered and are summarised
in Table 1 below.

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Douglas North 66/11kV Substation Appin Coal Mine

Issue
Construction Noise

Operational Noise

Soil and Water

Transport and
Access

Visual Impact

Air Quality

Electromagnetic
Field Effects

Bushfire protection

Director-Generals Environmental Assessment Report

Departments Consideration
The project would take about 7 months to construct and commission.
BHP Billiton undertook a construction noise assessment which found
that construction noise levels would comply with relevant construction
noise criteria. The nearest sensitive residential receiver is about 170
metres from the site.
The noise environment of the site is strongly influenced by its location
within 200 metres of the Hume Highway. Given the low noise emissions
associated with the substation, the distance to receivers, and the noise
impact assessment provided by BHP Billiton, the Department is
satisfied that the project would not result in any significant operational
noise impacts.
The main potential impacts to soil and water are associated with
general disturbance during construction works. These impacts would be
minimised through standard construction erosion and sediment control
measures. The Department is satisfied that the project can be managed
such that it would not result in any significant soil or water impacts.
Access to the site would be via a two-lane earthen track from Moreton
Park Road. Due to low predicted traffic numbers during construction
and operation (12 vehicles per day during construction, 1 vehicle per
week during operations), impact is expected to be low. Provision of car
parking consistent with operational access (approximately 1 vehicle per
week) is proposed.
An assessment commissioned by BHP Billiton concluded that it is not
likely that the proposed substation would be noticeable or offensive to
the public, when viewed from surrounding public areas. The
assessment recommends that the perimeter fence and buildings be
constructed in colours that minimise visual impacts. The Department is
satisfied that, with the implementation of these measures, the visual
impact of the proposed substation would be very low.
The main potential air quality impact is dust emission during
construction. Given the dust mitigation measures proposed by BHP
Billiton (including the use of a water cart), the Department is satisfied
that impact to air quality would be very low.
Emissions from the switching station would be within the guidelines for
the exposure of humans to Electric and Magnetic Fields set by the
National Health and Medical Research Council. The Department is
satisfied the impact of electromagnetic fields would be minimal.
The project would be constructed in accordance with Integral Energys
requirements that include bushfire protection and management.

Impact
Low

Very Low

Low

Very Low

Very Low

Very Low

Minimal

Minimal

Table 1: Other environmental impacts of the project.

Following its assessment, the Department is satisfied that the impacts associated with these aspects
are relatively minor, and can be mitigated and/or managed to ensure an acceptable level of
environmental performance, subject to conditions.

5.

RECOMMENDED CONDITIONS OF APPROVAL

The Department has prepared recommended conditions of approval for the project (see Appendix A).
These conditions are required to:

prevent, minimise, and/or offset adverse environmental impacts;

set standards and performance measures for acceptable environmental performance; and

provide for the ongoing environmental management of the project.

BHP Billiton does not object to the recommended conditions of approval.

6.

CONCLUSION

The Department has assessed the project in accordance with the requirements in clause 8B of the
Environmental Planning & Assessment Regulation 2000, and is satisfied that the impacts of the

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Director-Generals Environmental Assessment Report

project can be mitigated and/or managed to ensure an acceptable level of environmental performance,
subject to conditions.
The project requires the removal of a small amount (about 0.2 hectares) of good quality vegetation
which contains Shale Sandstone Transitional Forest EEC. The Department is satisfied that the project
would not have a significant impact on this EEC or on other threatened species, but believes BHP
Billiton should be required to provide a biodiversity offset by the exclusion of exotic grazing animals
from 5.7 hectares of its land adjacent to the Nepean River. Additionally, BHP Billiton would be required
to prepare a Vegetation Clearing Protocol for the works, which includes provisions to protect Shale
Sandstone Transitional Forest from inadvertent damage.
The Department is satisfied that the site is suitable for the project given its distance from residential
receivers (170 metres), the minimal and/or manageable environmental impacts associated with the
project, and the need to locate the facility close to the point of consumption (to maximise energy
efficiency).
The Department is also satisfied that the project is in the public interest, given that it:

provides important infrastructure support to the Appin Coal Mine, which generates significant
regional socio-economic benefits;

would generate local socio-economic benefits, including a capital investment of about $3.6
million, and 20 construction jobs; and

can be conducted with minimal environmental impact.

On balance, the Department believes the benefits of the project outweigh its potential costs, and
consequently believes it is in the public interest and should be approved.

7.

RECOMMENDATION

It is RECOMMENDED that the Minister:

consider the findings and recommendations of this report;

approve the project application, subject to conditions; and

sign the attached instrument of approval (Appendix A).

David Kitto
Director
Major Development Assessment

Chris Wilson
Executive Director
Major Project Assessment

Sam Haddad
Director-General

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Department of Planning

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APPENDIX A CONDITIONS OF APPROVAL

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APPENDIX B RESPONSE TO SUBMISSIONS

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APPENDIX C SUBMISSIONS

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APPENDIX D - ENVIRONMENTAL PLANNING INSTRUMENTS

State Environmental Planning Policy (SEPP) No.11 Traffic Generating Development
The proposal is affected by the provisions of SEPP 11, as an extractive industry or mining (Schedule
1(m)) and the application is required to be referred to the RTA. The RTA did not provide a submission
on the proposal.
The Greater Metropolitan Regional Environmental Plan No 2, Georges River Catchment
Part of the project extends onto land that is classed as regional open space under the Greater
Metropolitan Regional Environmental Plan No 2, Georges River Catchment. This REP aims to:
Maintain and improve the water quality and river flows of the Georges River and its tributaries.

Protect and enhance the environmental quality of the Catchment for the benefit of all users.

Ensure consistency in the delivery of the principles of ecologically sustainable development

within the Catchment and promote integrated catchment policies.

The REP has a number of general and specific planning principles that guide development
assessment in the Catchment. The Department is satisfied that the project is consistent with the aims
and planning principles of the REP.
Wollondilly Local Environment Plan 1991
The project is located on land zoned Rural A1 under the Wollondilly Local Environment Plan 1991.
The project is characterised as development for the purposes of mining and is therefore permissible in
the Rural A1 zone.
The objectives of the Rural A1 zone are:
(a) to protect the agricultural potential of rural land and to prevent fragmentation of viable rural
holdings,
(b) to prevent inappropriate, premature and sporadic subdivisions and to ensure consolidation of
urban areas so as to enhance the prospect of economic provision of services,
(c) to prevent, on the fringe of urban areas, subdivision of land into small lots which would prejudice
the proper layout of additional urban areas as a result of natural growth,
(d) to retain the scenic quality and overall character of the land, and
(e) to encourage agricultural activities that are within the rural capability of the land.
The Department is satisfied that the Project is consistent with these objectives, and the relevant
provisions of the LEP.

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APPENDIX E ENVIRONMENTAL ASSESSMENT

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