Kimberley JDAP - Agenda - No 4 - Shire of Broome-1

Kimberley Joint Development Assessment Panel Agenda
Meeting Date and Time: Meeting Number: Meeting Venue: Attendance DAP Members Mr Clayton Higham (Acting Presiding Member) Mr Paul Drechsler (Alternate Deputy Presiding Member) Mr Terry Tyzack (Specialist Member) Cr Graeme Campbell (Local Government Member, Shire of Broome) Cr Chris Mitchell (Local Government Member, Shire of Broome) Officers in attendance Mr Craig Shepherd, Development Assessment Panel Ms Kirsten Wood, Shire of Broome Ms Michelle Teoh, Shire of Broome Local Government Minute Secretary Ms Stephanie McCormick, Shire of Broome Applicant and Submitters Mr Courtney Gridwood, Mi SWACO Mr Sean Mulhall, Broome Port Authority Members of the Public Nil 1. Declaration of Opening The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held. 2. Apologies Mr David Gray (Presiding Member) 3. Members on Leave of Absence Nil 23 January 2014; 2:00 pm KJDAP/4 Shire of Broome; Weld Street, Broome
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Noting of Minutes Note the Minutes of the Kimberley JDAP meeting no.3 held on the 4 April 2013.
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Disclosure of Interests Nil
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Declarations of Due Consideration Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.
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Deputations and Presentations Nil
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Form 1 - Responsible Authority Reports DAP Application 8.1 Property Location: Application Details: Applicant: Owner: Responsible authority: Report date: DoP File No: Portion of Lot 621 Port Drive and Portion of Lot 698 Port Drive, Minyirr Drilling Fluids Facility Mi Australia State of WA Broome Port Authority Shire of Broome 2 January 2014 DP/13/00948
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Form 2 Responsible Authority Reports - Amending or cancelling DAP development approval Nil
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Appeals to the State Administrative Tribunal Nil
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Meeting Closure
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Form 1 - Responsible Authority Report

(Regulation 12)
Property Location: Application Details: DAP Name: Applicant: Owner: LG Reference: Responsible Authority: Authorising Officer: Department of Planning File No: Report Date: Application Receipt Date: Application Process Days: Attachment(s):
Portion of Lot 621 Port Drive and Portion of Lot 698 Port Drive, Minyirr Drilling Fluids Facility Kimberley JDAP Mi Australia State of WA Broome Port Authority 2013/240 Shire of Broome Acting Director Development Services DP/13/00948 2 January 2014 28 November 2013 60 Days 1. Location/Existing Site/Aerial Plan (1a, 1b, 1c) 2. Site Plans: a. Site Plan b. Site Layout Plan c. Earthworks/Stormwater Plan d. Vehicle Turning Templates 3. Elevations: a. Site Cross-section Elevations b. Mixing Warehouse Elevations c. Dry Bulk Warehouse Elevations d. Dangerous Goods Storage Shed Elevations e. Conceptual Site Elevations 4. Submissions/Comments: a. Schedule of Submissions b. Copies of responses received from statutory authorities and Native Title Holders
Recommendation: That the Kimberley JDAP resolves to: Approve DAP Application reference DP/13/00948 and accompanying plans; site plan (14041-02-01-0103 Rev 0), site layout plan (2013-060-C0 Rev T3), earthworks/stormwater plan (C0.03 Rev D), site cross-section elevations (2013-060S4 Rev T3), mixing warehouse elevations (14041-02-01-0201 Rev 0), dry bulk warehouse elevations (14014-02-01-0211 Rev 0), dangerous goods storage shed elevations (14041-02-01-0220 Rev 0) in accordance with Clause 10.3 of the Shire of Brome Town Planning Scheme No. 4, subject to the following conditions: Conditions 1. Prior to the commencement of any site disturbance or building works, an Operational Environmental Management Plan (OEMP) is to be submitted and
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endorsed by the Shire of Broome following a public consultation period. Measures within the endorsed OEMP must be implemented at all times. 2. Prior to the commencement of any site disturbing works, an Earthworks Construction Management Plan (ECMP) is to be submitted to and endorsed by the Shire of Broome. Measures within the approved earthworks construction management plan must be implemented at all times. Prior to the commencement of site works a stormwater drainage system is to be provided in accordance with the Shire of Broome's guidelines and specification for design and construction of stormwater drainage systems, the system shall be designed and documented by a practicing Civil Engineer to the satisfaction of the Shire. Drainage and any filling of the site must be carried out in accordance with the approved stormwater drainage system prior to the occupation of the development and then maintained at the applicants costs to the satisfaction of the Shire. The applicant is required to undertake water monitoring from the stormwater basins following the first rainfall event at the commencement of the wet season. The water monitoring results are to be submitted to the Shire of Broome within 7 days of being received. Prior to the occupation of the development, the applicant is to forward a cash bond or bank guarantee to the Shire of Broome equal to the estimated cost of completing downstream erosion control measures which is to be held for a period of two-wet seasons following the installation of the stormwater drainage system. Prior to occupation of the development, areas set aside for parked vehicles and access lanes, as shown on the approved plans, must be: a) b) c) Constructed to a minimum of prime and two coat standard bitumen seal, drained and curbed in accordance with the approval plan. Fully drained to the requirements in accordance with the Shire of Broome's guidelines and specification. Line marked and signed in accordance with AS 2890 (off street parking) except standard bay sizes to be 2.7m x 5.5m and disabled bays to be in accordance with AS/NZS2890.6:2009. Be kept available for these purposes.
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Prior to any buildings works commencing on site, the applicant must submit a plan and details showing how all waste water will be treated and disposed. This plan is to be approved by the Shire of Broome under the Health (Treatment of Sewerage and Disposal of Effluent and Liquid Wastes) Regulations 1974. Any works required as a part of this plan must be implemented prior to occupation of the development. Any works associated with the vehicle connection of the site to Port Drive are to be undertaken prior to the occupation of the development to Main Roads specifications, including any lighting, signage, road works and drainage at the proponents cost.
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All vehicle crossovers must be designed and constructed (sealed, brick paving, bitumen or concrete) to the Shire's standard crossover specification and constructed prior to occupation of the development at the proponents cost. Perimeter fencing is to be erected prior to occupation of the development. Prior to occupation of the development, the applicant is to make a $125,000 cash contribution to the Shire of Broome in accordance with Local Planning Policy 8.20 Provision of Public Art.
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Advice Notes 1. In regard to Condition 1 the OEMP shall include but not be limited to the following: Stormwater and sediment quality control Solid Waste Management (waste enclosures and disposal) Waste Water Management Spill Management (fuels, hazardous materials/liquids, waste water) Dust Management Noise Management Insect Vector Management Emergency Management (Cyclone, Construction Hazards) Management and Transportation of Hazardous Materials
The proponent is advised the Management and Transportation of Hazardous Materials within the OEMP is to be prepared to the satisfaction of the WA Department of Health and any other relevant government agency. 2. In regards to Condition 2 the ECMP shall detail the staging of earthworks and management measures that will be implemented to avoid sedimentation of storm water. In regards to Condition 3 the stormwater drainage system design shall include but not be limited to the following: Calculations demonstrating the designed outlet/overflow system would meet pre and post development flows. Measures to be implemented to address downstream erosion control. Stormwater quality control measures including installation of Gross Pollutant Traps or Bio-filters upstream of the stormwater basins. 4. In regards to Condition 5, the bond will be held as a security from the applicant against the performance of the downstream erosion control measures. In regards to Condition 7, the following information must be provided in the application for treatment and disposal of waste water: Details of all industrial water proposed to be treated, the volume, the capacity of the system, methods of treatment, methods of discharged, quality of discharge and disposal of any waste by-products. Demonstrate the capacity of system to treat volumes of industrial waste water in storm events and in the event of a spill.
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In accordance with section 52 of the Environmental Protection Act 1986 a works approval is required to be obtained from the Department of Environment and Regulation prior to construction of the facility. In accordance with section 56 of the Environmental Protection Act 1986 a licence is required to be obtained from the Department of Environment and Regulation prior to operation of the facility.
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Background: Insert Property Address: Insert Zoning MRS: TPS: Portion of Lots 621 and 698 Port Drive, Minyirr (Reserve 28650) N/A Port Zone - Shire of Broome Town Planning Scheme No 4 (TPS4) Industry Noxious N/A N/A 1.1576ha Vacant coastal vegetation and old infrastructure $12,500,000
Insert Use Class: Insert Strategy Policy: Insert Development Scheme: Insert Lot Size: Insert Existing Land Use: Value of Development: Site and Surrounds
The proposed development is located on portion of Lot 621 and Lot 698 Port Drive, both being part of Reserve 28650, with the management order being held by the Broome Port Authority (BPA) for Harbour Purposes. The site is commonly known as Lot E3 (the site), and is approximately 15km south-west of the Broome townsite. The 1.1576 ha site is bounded by a narrow bitumen driveway to the north, Port Drive to the west, a road train turning facility to the south and the Conservation Estate and Port Reserve to the east. The area to the north is vacant with the exception of a residence, which is a building listed on the Shire of Broome Municipal Heritage Inventory. To the north-east are a series of buildings which are used by the Broome Hovercraft operations. The area to the west of the site is developed and consists of a lay down area and fuel facility and a residence, which is also a building listed on the Shire of Broome Municipal Heritage Inventory. Immediately to the east of the site is the Conservation Estate (Reserve 51001, which is land jointly vested with Yawuru and the Shire of Broome) and Port Reserve (Reserve 28650 vested with the BPA). The land within this area gradually drops towards to beach berm at Roebuck Bay. The berm is a low scarp that drops to about RL 5m AHD to Roebuck Bay beach. The Roebuck Bay beach has a gentle slope over about 50m down to the high tide waterline. The intertidal zone of the beach is characterised by a number of mangroves and a solid rocky feature at the southern end of the beach. Site History At the time of writing this report the site is vacant and covered in coastal vegetation. The Shire of Broome on the 19 December 2013 issued planning approval (DA
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2013/266) to undertake site works. This approval allows for clearing of site, installation of site drainage sumps and re-grading of site levels, removal of existing abandoned waterlines, and relocation of utilities running across the site. This approval was conditional on the applicant providing an earthworks construction management plan and detailed stormwater design prior to commencement of site disturbing works. These details are yet to be provided. As a part of the site works, the area would generally be graded to the stormwater basins. The maximum fill level on site would be 12.9m AHD. Given the existing contours, the greatest fill level would be approximately 2.35m, this fill level occurs in an isolated location due to the drop in ground level to the existing overgrown track located on site. The average fill level on the site would be approximately 0.9m and on the eastern boundary a batter 0.9m high will be created. The Shire of Broome has had numerous pre-lodgement discussions with the applicant, commencing in 2012. In August 2013 the Shire of Broome undertook an initial review of preliminarily plans for the site and provided detailed advice on information that would be required to accompany the planning application, including details on the proposed use, statutory planning considerations, environmental, heritage and cultural, stormwater management plan (particularly addressing downstream, off-site stormwater flow) and associated management plans. The applicant has not resolved all these issues, particularly in relation to the stormwater management, which has resulted in the need to condition that detailed plans are submitted either prior to the commencement of site works or building works on site. Details: outline of development application The applicant proposes to construct a drilling fluids facility (DFF) which produces fluids used in offshore drilling operations. In general, the operations at the facility would consist of batching, storing and transferring both synthetic and water based drilling fluids. The facility will also accept reclaimed fluids which are cleaned and reused. The facility would primarily handle water based (WBM) and synthetic based (SBM) liquid mud and will also incorporate a dry bulk storage area. The DFF has been designed to have the capability of storing approximately 5,250m3 of liquid mud and 540 m3 of bentonite and barite dry bulk storage. The DFF has been designed with a piping network to allow pumps to transfer liquid fluids between storage vessels and to and from trucks. Dry bulk material is transferred via pneumatic pressure which is used as a weighting agent in liquid mud mixtures. All liquid storage areas are to be bunded with the bunds being designed to retain 110 percent of the largest internal storage vessel plus a rainfall event of 125mm. The general processes undertaken on site are detailed below: Base materials are delivered to the site as follows: a. Liquid tanker trucks will bring base oil to the site b. Dry bulk tanker trucks will bring in barite and bentonite c. Flatbed trucks will bring in dry bulk 1000 kg bags, IBC totes, drums and pallets Liquid tanker trucks will be unloaded and loaded using electric pumps within the DFF and will be deposited to or drawn from the tanks in the facility.
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The base materials will either be used in the batching of drilling fluids or stored on site to be later transferred to supply boats for use on drilling rigs in their base form. The batching process consists of pumping base fluids from the storage tanks to the mixing tanks within the plant where other ingredients are added from sacks or drums. Pumps are used to blend the ingredients within the tanks until batching is complete. The pumps then transfer the final product to storage tanks, tote tanks or tanker trucks. Dry bulk materials are conveyed to the mix tanks pneumatically from the dry bulk silos located in the plant. Bulk 1000 kg bags of dry materials would be stored in the warehouse and pneumatically conveyed to the dry bulk silos. This process uses a transfer vessel called a cutting bottle where a bulk bag can punctured, emptied into the bottle / transfer vessel. The vessel is closed, pressured with air and then opened to a dry bulk silo to complete the pneumatic transfer of the material. Palletized materials will be moved around the facility via forklift to dedicated storage areas with bunding. All transfer of materials from one vessel or container to another occurs within containment areas. Truck transfers are handled within load out stations which are equipped with containment areas. This facility can operate 24 hours / 7 days a week depending on the needs of the drilling operation. The tendency will be to keep the activities within the facility between 6 AM to 6 PM. During normal operations it is estimated to have 5 to 8 trucks moving through the facility per day with a maximum of 15 trucks on a peak day.
The built components of the DFF would consist of the following: Buildings In total four (4) buildings are proposed to be constructed on site (refer to Attachments 2a and 3 a-d), as set out below. Mixing Warehouse a 27.9m by 29.5m (823 m2), single story, fully enclosed metal building to house the mixing operations. This warehouse would have a wall height of 6m and a building height of 7.7m. Inside the building, there will also be a small ISO (quality control) container lab which will be used in analysing fluid mixture properties. A total of four (4) 6.5m high by 3.7m diameter closed topped steel mixing tanks will be housed in the building and steel platforms would allow workers to access viewing hatches on each of the tanks. The footprint of the building will be bunded to contain 110% of the volume of the largest mixing tank. Dry Bulk Warehouse a 22m by 55m (1210 m2), single story, fully enclosed metal building to store of large sacks of bentonite and barite. This warehouse would have a wall height of 6m and building height of 7.7m. Bentonite and barite are naturally occurring materials are a product of grinding certain types of excavated rock/clays and are used in weighting additives in drilling fluid mixtures. This building will also house an air compressor and cutting pods which will be used in the process of transferring the powders from bag storage to large bulk silos. Dangerous Goods Storage Shed a 20m by 20m (400 m2), roof only building will be used to protect a dangerous goods storage area housing 4000L tote IBC (Intermediate Bulk Containers). This building would have a maximum height of 8m
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and the floor area would be bunded to contain spills. The structure will be open to allow for exit egress from all sides. Future Office/Amenities an area has been shown on the site plan for the future positioning of this building. This building does not form part of this application. Storage Tanks A series of silo like structures are proposed to be positioned on the property to store dry base materials and liquid materials. Some are positioned within the building (as mentioned above). The following external storage tanks are proposed (refer to Attachment 2b and 3a): Six (6) 90m3 dry bulk storage tanks, positioned directly adjacent to the southern end of the Dry Bulk Warehouse. Each tank is 12.389m high and 3682m in diameter. Six (6) 174,900 litre base oil structures, proposed to be positioned south of the palletized storage area. Each tank is 12.970m high with a diameter of 4.385m. Sixteen (16) 174,900 litre synthetic based mud storage tanks, proposed to be positioned north of the Mixing Warehouse. Each tank is 12.970m high with a diameter of 4.385m. Eight (8) 174,900 litre water based mud storage tanks, proposed to be positioned north of the Mixing Warehouse. . Each tank is 12.970m high with a diameter of 4.385m.
All of the storage tanks, with the exception of the dry bulk storage tanks, will have steel platforms to allow workers to access viewing hatches. Palletized Storage Area A bunded concrete area between the Dangerous Goods Storage Shed and base oil storage area is proposed. This would be an open air storage area where base materials are stored on pallets. Legislation & policy: Legislation Planning and Development Act 2005 Environmental Protection Act 1986 Shire of Broome Town Planning Scheme No.4 (TPS4) Clause 4.20 Port Zone Clause 5.5 - Car Parking Clause 5.6 - Service Areas Clause 5.8 - Controlled Access Clause 5.11 - Landscaping and Existing Trees Clause 6.1.6 Possible Contaminated Sites (Special Control Area) Clause 8.1 Requirement for Approval to Commence Development Clause 10.1 Consultation with Other Groups/Authorities Clause 10.2 Matters for Consideration
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Shire of Broome Scheme No 4 Local Planning Strategy Clause 2.10.2 Port Clause 3.3.7 Port Zone At the Ordinary Council Meeting on 21 November 2013 Council resolved to adopt draft Local Planning Scheme No 6 (LPS6) and the draft Local Planning Strategy for final approval. Draft Shire of Broome Local Planning Strategy Clause 2.4.5 Industrial Land Clause 3.2.13 Port Land Clause 3.3.1.5 Precinct 5 (General and Port Industrial) Draft Shire of Broome Local Planning Scheme No 6 Clause 3.8 Port Clause 5.7 Car Parking Clause 5.8 Service Areas Clause 5.10 Controlled Access Clause 5.14 Landscaping and existing trees Clause 5.22 Management of Construction Sites Clause 5.19 Bush fire hazard and Fire Management Plans Clause 8.1 Requirement for Approval to Commence Development Clause 10.1 Consultation with other authorities Clause 10.2 Matters to be considered by local government State Government Policies State Planning Policy 2 Environment and Natural Resources Policy State Planning Policy 2.9 Water Resources State Planning Policy 3.4 Natural Hazards and Disasters State Planning Policy 4.1 - State Industrial Buffer Policy and (Draft) Local Policies Local Planning Policy 8.2 Planning Conditions Bonds and Bank Guarantees Local Planning Policy 8.10 Parking, Storage, Crossovers and Drainage Standards for Planning Applications Local Planning Policy 8.12 Fences within the Townsite of Broome Local Planning Policy 8.16 Parking Car, Motorcycle, Bicycle Local Planning Policy 8.20 Provision of Public Art Consultation: Public Consultation No public consultation was undertaken as it is not required under TPS4. Consultation with other Agencies or Consultants The application was forwarded to the following agencies and Native Title Holders for consideration and comment; Department of Water Department of Environment and Regulation
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Department of Aboriginal Affairs Department of Fire and Emergency Services Department of Health Main Roads WA Department of Parks and Wildlife
The comments from the various agencies are outlined in the Table contained as Attachment 4a. The full submissions are presented in Attachment 4b. The adjoining land is within the Conservation Estate, management responsibility resides with the Shire of Broome and Yawuru, administered through the Yawuru Park Council (YPC), the application has now been referred to YPC for its consideration. Due to availability of Park Council members and the timeframe for convening a Special Park Council Meeting, this cannot occur within the statutory timeframes. The final design of the stormwater drainage system is likely to require referral to the Yawuru Park Council. This referral would be required to address possible works within the Conservation Estate to address downstream erosion control. This would be undertaken once the final design of the stormwater drainage system has been designed. Planning assessment: The following planning assessment is set out by planning issues in accordance with Clause 10.2 - Matters to be Considered of TPS4, including State Planning Policies, other planning instruments / guidelines and any other relevant legislation relevant to the proposal.
(a) The aims and provisions of this Scheme and any other relevant town planning Scheme(s) operating within the district; TPS4 Clause 4.20 Port Zone:
The site is zoned Port under the provisions of Town Planning Scheme No 4 (TPS4). The proposed land use is classed as Industry Noxious. The Port zone is not referenced in the zoning table therefore there is no use class permissibility allocated to development within this zone. Clause 4.20.1 states the following:
4.20.1 Aims and Objectives The aim of the zone is to provide for the establishment of special industrial uses and activities which are associated with the Port, in addition to associated administration facilities and recreational uses. The land uses may include offensive and potentially hazardous industry and storage facilities.
TPS4 Clause 6.1.6 Possible Contaminated Sites (Special Control Area): The objective of the Special Control Area is:
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The objective of this subclause is to ensure that sites which currently or formerly contained land uses with potential for site contamination are investigated and all contaminants removed prior to any development, rezoning or subdivision. At the Ordinary Council Meeting on 21 November 2013 Council resolved to adopt draft Local Planning Scheme No 6 (LPS6) for final approval. Draft LPS6 Clause 3.8 Port: The site is identified as a Local Scheme Reserve Port under LPS6. The proposed land use would be classed as Industry Noxious under LPS6. The Port reserve is not referenced in the zoning table therefore there is no use class permissibility allocated to development within this reserve. Clause 3.8 sets out the purpose, aims and objectives and site and development requirements for development in the Port reserve. Clause 3.8.2 Aims and Objectives states the following: (a) Provide for land uses which may include noxious and potentially hazardous industry and storage facilities associated with the Port activities; Provide for tourism and recreational activities associated with port activities; and Ensure all development is considered within coastal hazard risk management and adaptation planning processes.
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Officer Comment: The development is considered consistent with the aims and objectives of the Port zone as established under Clause 4.20.1 of TPS4. The development is classed as Industry Noxious land use and while not specifically mentioned within the objective is consistent with offensive and hazardous industries which are developed within the Port zone. As the drilling fluids produced are for off-shore use, this is an industrial activity associated with the Port. With regard to the Possible Contaminated Sites Special Control Area under Clause 6.16.6, a soil analysis performed by RPS was compared to criteria presented in the DEC (2003) Assessment Levels for Soil, Sediment, and Water. Specifically, these criteria are the Ecological Investigation Levels (EILs) and the Health Investigation Levels for standard commercial Industrial end uses (HIL-F). It was found that no contaminant concentrations exceeding the HIL-F or EIL criteria were identified within the sampling area. As the applicant has provided a Due Diligence assessment which has not found contamination above the criteria, it is considered that this objective has been satisfied. In regards to LPS6, the development is considered consistent with the aims and objectives of the Port reserve as established under Clause 3.8.2, for the same reasons as mentioned above. The applicant has provided an assessment of the site by Cardno (WA) Pty Ltd, which concluded that the proposed DFF has a sufficient
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setback distance to the coastline even under the worst possible circumstances of storm surge, erosion and climate change.
(b) the Scheme Report - Local Planning Strategy;

The Shire of Broome Scheme Report - Local Planning Strategy Clause 2.10.2 states the following: The Port and the surrounding Crown land allocated for port and associated activities has been assessed by the Department of Transport and the Broome Port Board under the Broome Port Land Use Study which establishes land use proposals and development guidelines for this area. The Study recognizes the Port as a vital infrastructure for the town and region for economic growth in mining, agriculture and tourism and recreation. The associated land abutting the Port is proposed to accommodate administration offices, cattle yards, maritime industry, bulk and fuel storage, aquaculture, tourism, recreation and conservation areas. Clause 3.3.7 states the following: The zone reflects the government owned land surrounding the Port. The development of this area is generally guided by the Port Land Use Study and Development Guidelines for associated port and government activities. At the Ordinary Council Meeting on 21 November 2013 Council resolved to adopt the draft Local Planning Strategy for final approval. The draft Strategy provides the following objectives for the Port zone: The Port Land designation reflects the government owned land surrounding the Port. The development of this area is guided by the Broome Port Land Use Study and Development Guidelines for associated port and government activities. It is recommended that a development strategy and structure plan be developed to better guide development within the area. Clause 3.3.1.5 also identifies the Port as falling within Precinct 5, which has the following Objectives and Guidelines: Objective: 1. Establish Precinct 5 as the General Industry and Port Lands precinct of the shire that provides the supply base to the Browse Basin. Guidelines: Allow for only general industrial uses and port related industries within the precinct. Provide a port that is the supply base to the Browse Basin development and allows for container shipping, whist retaining its tourism function. Consider and where possible avoid environmental impacts associated with drainage flooding and erosion. A development strategy should detail the integration between the industrial and port land uses and provides for its future expansion.
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DIA 8 is to be further investigated for Port and General Industry uses.
Officer Comment: All of these objectives are addressed throughout the various sections of the Matters to be considered a) above and as set out below. (c) the requirements of orderly and proper planning including any relevant proposed new town planning Scheme that has been adopted by the Council pursuant to the Town Planning Regulations 1967; The Application for Planning Approval has been assessed against all relevant State Planning Policies and Guidelines, the Shire of Broome TPS4 and associated Local Planning Strategy and other relevant legislation and guidelines. Further to this, the application has been referred to relevant agencies for comment. The assessment of the application has followed legislated process and this report presents a recommendation to the Kimberley JDAP.
(d) any approved Statement of Planning Policy of the Commission;

State Planning Policy No 2 Environment and Natural Resources Policy This policy provides general guidance regarding how the environment and natural resource matters are to be considered during planning decision making. The objectives of this policy are to integrate environment and natural resource management with broader land use planning and decision-making; protect, conserve and enhance the natural environment; and promote and assist in the wise and sustainable use and management of natural resources. The proponent has provided a description of how the application has been designed to addresses the broad principles within the SPP. SPP 2.6 State Coastal Planning Policy The purpose of this Policy is to provide guidance for decision-making within the coastal zone including managing development and land use change; establishment of foreshore reserves; and to protect, conserve and enhance coastal values. The objectives of this Policy are to ensure that development and the location of coastal facilities takes into account coastal processes, to the ensure the identification of appropriate areas for sustainable use of the coast, to provide public coastal foreshore reserves and to protect, conserve and enhance coastal zone values. The applicant engaged Cardno (WA) Pty Ltd to provide an assessment of the application against the SPP 2.6 which concluded the following: The assessment showed that the proposed DFF has a sufficient setback distance to the coastline even under the worst possible circumstances of storm surge, erosion and climate change. This is supported by the following: > > The DFF is located 110 m from the shoreline under high tide; The level beneath the structural slab will be on RL 12.1 m ADH at the lowest point. 100 year ARI water level under cyclonic conditions is 6.4 m AHD taking climate change into consideration; The rate of erosion is approximately 0.1 m/year; and
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The lease for the DFF is 24 years, however, to consider the potential long term impact the assessment has been conducted over 100 years.
Cultural and biological features of the site have also been considered as a part of the development of the DFF and proposed management measures are adequate. SPP 3.4 Natural Hazards and Disasters The policy sets out under the general provisions the development applications should have regard to the natural elements that may combine to create hazards. The objectives of this policy are to include planning for natural disasters as a fundamental element in the preparation of all planning documents and to minimise the adverse impacts of natural disasters on communities, the economy and the environment. The applicant has submitted details on cyclonic and fire management procedures to demonstrate that these items have been considered. These have been referred to Department of Fire and Emergency Services which has not raised any objections to the proposal subject to the assessment of the building application. State Planning Policy 4.1 - State Industrial Buffer Policy (Draft) State Planning Policy 4.1 - State Industrial Buffer Policy (1997) and State Planning Policy 4.1 - State Industrial Buffer (Amended) (draft 2009) both refer to buffer requirements between sensitive and industrial land uses. There are sensitive premises located within the vicinity of the site being a residence within 44m from the northern boundary, the Hovercraft tourist operations 93m to the north-east and a residence 65m to the west. The EPAs Guidance Note on the Separation Distances Between Industrial and Sensitive Land Uses recommends that land uses involving chemical blending or mixing should be separated from a sensitive premises by 300-500m, depending on size & type of chemicals involved. These sensitive premises are already positioned within buffer/separation areas to established industries operating in the Port zone (for example the separation distances recommended to fuel storage is 300-500m depending upon type of fuel and size). The residences exist on periodical 3 month leases with the Broome Port Authority and therefore do not have permanent land tenure. The Department of Health advised in its submission that the powders used on site contains crystalline silica which is a known respiratory carcinogen. The Department of Health raised that the proposal is not clear on how this product will be handled within the facility or translocated to the ship loading area and it has advised the Department of Environment and Regulation of the appropriate air quality monitoring guides and recommends boundary monitoring for silica. The Department of Health have submitted it is not in a position to advise that human environmental health issues have been adequately addressed in the operational phase of the facility. Officers Comments As set out in above it is considered that the application has adequately addressed the SPP provisions, with the exception of SPP 4.1 - State Industrial Buffer Policy.
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The Department of Health has raised concerns over the handling and transportation substances which are potentially hazardous to human health. As there are sensitive premises positioned within recommended separation distances to the proposed facility, further details are required from the applicant confirming that operations of the facility are adequate to address this concern. It is therefore recommended that a condition of planning approval is imposed requiring the applicant to provide information to the satisfaction of the Department of Health and other relevant agencies confirming that onsite management practices for the handling and transportation of potentially hazardous products would not result in human health issues. Condition - Prior to the commencement of building works, an Operational Environmental Management Plan (OEMP) is to be submitted to and endorsed by the Shire of Broome. Measures within the endorsed OEMP must be implemented at all times. Advice Note providing direction on matters to be addressed in the OEMP which in addition to other matters would need to include the Management and Transportation of Hazardous Materials which is to be prepared to the satisfaction of the WA Department of Health and other relevant agencies. (e) any approved Environmental Protection Policy under the Environmental Protection Act 1986; None applicable.
(f) any other policy or strategy of the Commission or any planning policy adopted by the Government of the State of Western Australia;
Development Control Policy 4.2 Planning for Hazards and Safety. The applicant has submitted Emergency Management Plan and Cyclone Emergency Response Plan for the operational phase of the development. It is considered through the implementation of these plans, the applicant has adequately demonstrated that the development meets the objectives of the DC Policy 4.2 Planning for Hazards and Safety. (fa) Any Development Plan prepared and adopted under the provisions of clause 4.25 of this Scheme. No Development Plan has been adopted under this Clause of TPS4 that relates to this site. Clause 4.20.2.1 of TPS4 sets out that land use and development within the Port area shall be generally in accordance with the Broome Port Land Use Plan. The Broome Port Land Use Plan Final Report April 2012 is the adopted Land Use Plan guiding development within the Port zone. Under the Land Use Plan, the subject site is identified as marine industry. Section 6.5.5 Marine Industry, it states the following:
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With growth at the Port set to increase, growth in this industry is also likely to occur. This is because this land use encompasses a lot of lighter marine industries that service the Port and general recreation and tourist uses (ie. boat repair, chandlery, boat equipment hire, etc). Providing for these uses to expand is considered to be necessary, and the Plan designates a vacant area on the eastern side of Port Drive for this use. A clearing permit has been issued by the Department of Environment and Conservation (DEC) approving the clearing of this land for development purposes. Under section 3.2.9 Under Utilised Port Land it is recognised that the land that runs parallel to the eastern side of Port Drive is underutilised and the Port intends to develop this area as a light commercial area for port related service providers or an additional supply base. The proposed development would be consistent with the description of a supply base which is to accommodate the anticipated growth associated with the Browse Basin off-shore oil and gas industry. This category provides for uses of light to general industry in nature.
Officer Comment:
The DFF is considered to be consistent with the Land Use Plan as it reasonably falls with the supply base category and is a land use that could be entertained in the general industry zone.
(g) any planning policy adopted by the Council under the provisions of clause 2.5 of this Scheme, any heritage policy statement for any designated Heritage Area adopted under clause 7.2.2 of this Scheme, or any other plan or guideline adopted by the Council under the provisions of this Scheme;
Local Planning Policy 8.2 Planning Conditions Bonds and Bank Guarantees The objective of this Policy is to ensure compliance with conditions of planning approval to a high and acceptable standard. As set out under the comments section (s) below, it is recommended that given the possible impacts this development could have on the adjacent Conservation Estate, the applicant is require to submit a bond or bank guarantee with the Shire of Broome to ensure adequate performance of the stormwater drainage system which is to be implemented. LPP 8.10 Parking, Crossover and Drainage Standards for Planning Applications This Policy sets out that all parking bays including manoeuvring areas to have a permanent construction be sealed, kerbed, line marked and signed. The policy does provide for exceptions in the Port/Industry zone manoeuvring areas for articulated vehicles only, in which the surface can be unsealed such as road base, cracker dust or similar which is dust free. The site will be sealed with a two-coat bitumen seal with a loose crushed road base layer to reduce damage to the seal and prevent scuffing that can result with heavy vehicle movements.
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Local Planning Policy 8.12 Fences within the Townsite of Broome The Policy establishes fencing standards for various zones in the Shire. The fencing proposed is consistent with the Industrial fence standards prescribed in the policy. LPP 8.16 Parking Car, Motorcycle, Bicycle This Policy establishes that for industrial land uses require 1 bay per 50sqm of building area (this can be increased to one bay for 100sqm in Industry zone) and 1 bay per 30sqm of ancillary office space is required. The total area of all buildings is 2,433sqm, which requires the provision of 25 car parking spaces. The office component of the development does not form part of this application, however the applicant has detailed that it is proposed to have an office floor space of 198sqm. This would require a total of 31 car parking bays on site. The applicant has provided 29 bays and therefore meets with the current application requirements, and an additional two bays (which there is sufficient land area) would be required to meet the future office construction. A standard condition of planning approval is recommended that all bays are designed and constructed consistent with the LPP. LPP 8.20 Public Art The Policy requires that development must contribute 1% of the estimated development costs to Public Art. Consistent with this policy, a condition of planning approval has been recommended requiring a $125,000 contribution public art contribution be made. Officer Comment: As set out above, the development application satisfies the Local Planning Policies and conditions of approval are recommended to ensure compliance is achieved prior to occupation of the development. Condition - Prior to the occupation of the development, the applicant is to forward a cash bond or bank guarantee to the Shire of Broome equal to the estimated cost of completing downstream erosion control measures which is to be held for a period of two-wet seasons following the installation of the stormwater drainage system. Condition - Prior to occupation of the development, areas set aside for parked vehicles and access lanes, as shown on the approved plans, must be: a) b) c) Constructed to a minimum of prime and two coat standard bitumen seal, drained and curbed in accordance with the approval plan. Fully drained to the requirements in accordance with the Shire of Broome's guidelines and specification. Line marked and signed in accordance with AS 2890 (off street parking) except standard bay sizes to be 2.7m x 5.5m and disabled bays to be in accordance with AS/NZS2890.6:2009. Be kept available for these purposes.
d)
Condition - Prior to occupation of the development, the applicant is to make a $125,000 cash contribution to the Shire of Broome in accordance with Local Planning Policy 8.20 Provision of Public Art.
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(h) the conservation of any place on the Heritage List or character or appearance of a Heritage Area under the Aboriginal Heritage Act, 1972 and the Heritage Act of WA, 1990; The residence located approximately 44m to the north of the site and the residence located 65m to the west of the site are places listed on the Municipal Inventory, this application will not impact upon these places. Department of Aboriginal Affairs have provided advice that that there is no registered Aboriginal Heritage site or Other Heritage Places.
(i) any environmental consideration;

The application would have an impact on the environment as the site will be required to be cleared, this has been assessed and determined by the Shire of Broome as a part of the site works application and a clearing permit has been issued by the Department of Environment and Regulation. The applicant has provided a site investigation report from Coffey Environments dated April 2013 which concludes that the site does not have any Declared Rare Flora (DRF), Threatened Ecological Communities (TEC) or Priority Ecological Communities (PEC) located on the property. To mitigate against potential impacts that may be detrimental to the environment during both the construction and operational phases of the development, the applicant has prepared an Environmental Management Plan. There are some further details required from the applicant to demonstrate construction measures that will be implemented during earthworks phase to address potential sedimentation of stormwater. Officer Comment: The environmental implications, in terms of stormwater quality during earthworks, were assessed as a part of the site works application. As the applicant intends to undertaken site works early in the year, within the wet season concerns were raised with regard to the implications this could have on stormwater quality, particularly if a rainfall event occurs once the site is cleared. Such an event will result in sedimentation of stormwater and unacceptable discharge into Roebuck Bay. Given the risk associated with undertaking site works during the wet season and due to the sites proximity to Roebuck Bay, as a condition of the site works application the applicant is required to prepare a staged Construction Management Plan. This condition is also recommended as a part of this approval. The subject site will not be connected to sewer and therefore the applicant is required to obtain approval from the Shire of Broome for the design and construction of an onsite waste water disposal system. This must be submitted prior to construction of the facility and this is proposed to form a condition and advice note to the applicant. The following details would need to be provided to assess the onsite waste water disposal system: The level of treatment of water collected from bunding areas before going back to reuse within the facility, including details on how chemicals and hydrocarbons are proposed to be removed.
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A detailed flow of all industrial water proposed to be treated, the volume, the capacity of the system, methods of treatment, methods of discharged, quality of discharge and disposal of any waste by-products. Confirmation is required on whether all roof water will be treated to the same level. Demonstrate the capacity of system to treat volumes of industrial waste water in storm events and in the event of a spill.
With regard to solid waste management, the applicant is required to provide a suitable enclosure for the storage and cleaning of refuse receptacles in accordance with the requirements of the Health Local Law 2006. The applicant has not provided these details or addressed how industrial wastes will be managed. This forms part of the operations of the future facility and it is recommended that an advice note is included detailing that this aspect is to form part of the Operational Environmental Management Plan. The applicant has provided sufficient information to demonstrate that the development would not impact upon any DRF, TEC or PEC. DER have been consulted as a part of this application and has advised that the DFF would require a license and works approval under Part V of the Environmental Protection Act 1986 and that supporting documents required include a detailed process description, proposed measures to manage potential emissions and discharges during construction and operation such as dust, odour, noise, light, discharges to land, solid/liquid wastes, hydrocarbon/chemical storage. DER advises at this stage supporting documents have not been received for a works approval and license application and does not have sufficient information on all these potential emissions and discharges associated with the proposal to make any recommendations to the Shire of Broome. It is recommended that an advice note is included advising the applicant of the responsibility to obtain works approval and licence from DER. The development could also have environmental implications in terms of stormwater quality discharged from the site and possible downstream erosion of the Conservation Estate. This is further discussed under part (s) below. Overall it is considered that the environmental implications can be adequately addressed through conditions of planning approval and the detailed information required to obtain licence and works approval from DER would be provided and reviewed through this separate process. Condition - Prior to the commencement of any site disturbing works, an Earthworks Construction Management Plan (ECMP) is to be submitted to and endorsed by the Shire of Broome. Measures within the approved earthworks construction management plan must be implemented at all times. Advice Note - The ECMP shall detail the staging of earthworks and management measures that will be implemented to avoid sedimentation of storm water. Condition - Prior to any buildings works commencing on site, the applicant must submit a plan and details showing how all waste water will be treated and disposed of. This plan is to be approved by the Shire of Broome under the Health (Treatment of Sewerage and Disposal of Effluent and Liquid Wastes) Regulations 1974. Any works required as a part of this plan must be implemented prior to occupation of the development.
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Advice Note The following information must be provided in the application for treatment and disposal of waste water: Details of all industrial water proposed to be treated, the volume, the capacity of the system, methods of treatment, methods of discharged, quality of discharge and disposal of any waste by-products; Demonstrate the capacity of system to treat volumes of industrial waste water in storm events and in the event of a spill. Advice Note - providing direction on matters to be addressed in the OEMP which in addition to other matters would need to include the Solid Waste Management (waste enclosures and disposal) Advice Note - In accordance with section 52 of the Environmental Protection Act 1986 a works approval is required to be obtained from the Department of Environment and Regulation prior to construction of the facility. Advice Note - In accordance with section 56 of the Environmental Protection Act 1986 a licence is required to be obtained from the Department of Environment and Regulation prior to operation of the facility.
(j) whether the land to which that application relates is unsuitable for the proposal by reason of it being, or likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;
Flooding, tidal inundation
As set out in comments above, the applicants have submitted advice from Cardno (WA) Pty Ltd which has concluded that the facility will have a sufficient setback distance to the coastline even under the worst possible circumstances of storm surge, erosion and climate change. Cyclone
With regard to possible cyclone risk, the applicant has submitted Emergency Management Plan to address this risk. Bushfire
DFES has been consulted and have advised that it has no objection to the development in the planned location and it will review the detailed plans to be prepared under the Building Act 2011 to assess on site fire management requirements. Officer Comment: The applicant has submitted details to demonstrate that the application has suitably addressed the potential risk mentioned under (j) above.
(k) the preservation of the amenity of the locality;

The development proposed is consistent with the established amenity in the area and what would be expected in a Port zone.
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The applicant consulted with NBY which raised concern over the scale of the development proposed. This will be further discussed below under (w).
(l) the relationship of the proposal to development on adjoining land or on other land in the locality;
The development is consistent with surrounding land uses in the wider Port area (m) whether the proposed means of access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles; Access and Egress Two crossovers are proposed, one directly onto Port Drive on the southern boundary to provide access for transportation and general vehicles accessing the site. An additional egress point is provided on the northern boundary which will access Port Drive via the existing sealed driveway. Both crossovers have been approved by MRWA and the applicant has advised that the crossovers will be sealed with concrete. Parking See comments under section (g) above. Loading, unloading and manoeuvring Clause 5.6 - Service Areas of TPS4 requires adequate provision of accessible service areas for loading and unloading of vehicles. The submitted plans show adequate areas for loading and unloading of vehicles and vehicle movement paths (refer to Attachment 2d) have been provided to demonstrate that vehicles servicing the facility can adequately manoeuvre. Officer Comment: The applicant has demonstrated that these considerations have been adequately dealt with in the proposal. Access and egress to the site can be adequately managed by a conditional planning approval that includes the following: Condition - Any works associated with the vehicle connection of the site to Port Drive are to be undertaken prior to the occupation of the development to Main Roads specifications, including any lighting, signage, road works and drainage at the proponents cost. Condition - All vehicle crossovers must be designed and constructed (sealed, brick paving, bitumen, concrete) to the Shire's standard crossover specification and constructed prior to occupation of the development at the proponents cost.
(n) the amount of traffic likely to be generated by the proposal, particularly in relation to the capacity of the road system in the locality and the probable effect on traffic flow and safety;
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The applicant has submitted that during normal operations it is estimated 5 to 8 trucks moving through the facility per day with a maximum of 15 trucks on a peak day. MRWA did not submit concerns with the level of traffic movements proposed and this is considered normal vehicle movements for an industrial/port area.
(o) whether public transport services are necessary and, if so, whether they are available and adequate for the proposal;
Public transport services are not necessary. (p) whether public utility services are available and adequate for the proposal; Reticulated water and power is available to the site. The applicant will be required to install onsite effluent/waste water disposal system, please see comments under section (i) above.
(q) whether adequate provision has been made for access by disabled persons;
The accessibility of the buildings would be assessed as a part of the Application for Building Permit for the site. The plans have made provision for an accessible bay which would meet the performance requirements of the Building Code of Australia. (r) whether adequate provision has been made for the landscaping of the land to which the planning application relates and whether any trees or other vegetation on the land should be preserved; The Shire of Broome TPS4 and policies do not require the provision of landscaping within the Port zone. The applicant has not provided landscaping on site. This is consistent with the development within the Port zone. s) whether the proposal is likely to cause soil erosion or land degradation; The site is underlain by silty sand (locally termed Pindan Sand). Once earthworks are complete the site would be stabilised and the majority of the surfaces would be sealed. This action would address the possibility of soil erosion. The risk of erosion/siltation of stormwater is high while site works are being undertaken. This was assessed by the Shire of Broome as a part of the site works application and it was conditioned that an earthworks construction management plan be submitted prior to the commencement of site disturbing works. Concern is raised with regard to soil erosion or land degradation downstream of the stormwater basins. As the normal overland flow paths over the site would be altered and concentrated this could result in downstream erosion, particularly with regard to the Pindan berms positioned directly to the east of the development site within the Conservation Estate. As a part of the stormwater design, stormwater would be captured within the basins, which are designed with overflows. The applicant proposes the installation of a pumping system which would pump the captured water in the basins and distribute the water by a series of perforated pipe on the eastern bank of the site. This is proposed to mimic the normal flows from the site and to reduce the possibility of downstream erosion.
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An alternative stormwater option has been discussed with the applicant, which involves the installation of a low-flow outlet at the base of each stormwater basin, with an outlet point being provided at the base of the Pindan berm. This would require works to be undertaken within the Conservation Estate (which is jointly managed by the Shire of Broome and Yawuru and administered by the Yawuru Park Council). Once a final design has been provided a meeting of the Yawuru Park Council will be convened to discuss the stormwater design for the site. At this point in time the applicant has not submitted details that adequately demonstrate how water quality would be achieved and does not give adequate details of the final system to be implemented. The Department of Water has raised that Gross Pollutant Traps or Bio-filters should be installed upstream of the sumps to assist with managing water quality and that monitoring of the sumps will be essential to ensure no hazardous substances are discharged offsite. Shire of Broome officers have concern that the positioning of the overflow outlets may not be adequate and thereby increase the risk of downstream erosion of the pindan berms and pindan blooms on the beach and adjoining bay waters. Officer Comment: Given local climatic conditions, soils types and proximity to Roebuck Bay the management of stormwater and potential downstream impacts needs to be addresses. This matter has been discussed with the applicant from the first prelodgement discussion and to date adequate details have not been provided. Notwithstanding this a condition of planning approval is recommended requiring these details to be submitted. Given the unusual circumstances of this application, whereby stormwater from the site will overflow into the Conservation Estate, the ongoing maintenance and performance of downstream erosion control measures must be addressed. In accordance with Local Planning Policy 8.2 Planning Conditions Bonds and Bank Guarantees it is recommended that the applicant submit a bond equal to the cost of implementing erosion control measures to be held by the Shire for two wet seasons. Department of Water have raised that stormwater quality monitoring should be undertaken. The measures to manage potential discharges to external environments during construction and operation are also assessed in detail by Department of Environment and Regulation as a part of the works approval/licence process. It is likely that the Department of Environment and Regulation would impose licence conditions requiring the applicant to monitor and submit details confirming that external discharges meet standards. The Shire of Broome supports the monitoring of stormwater quality and while this may form a licence condition from the DER, it is recommended that this also form a condition of planning approval. Condition - Prior to the commencement of site works a stormwater drainage system is to be provided in accordance with the Shire of Broome's guidelines and specification for design and construction of stormwater drainage systems, the system shall be designed and documented by a practicing Civil Engineer to the satisfaction of the Shire. Drainage and any filling of the site must be carried out in accordance with the approved stormwater drainage system prior to the occupation of the development and then maintained at the applicants costs to the satisfaction of the Shire.
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Advice Note - The stormwater drainage system design shall include but not be limited to the following: Calculations demonstrating the designed outlet/overflow system would meet pre and post development flows. Measures to be implemented to address downstream erosion control. Stormwater quality control measures including installation of Gross Pollutant Traps or Bio-filters upstream of the stormwater. Condition - The applicant is required to undertake water monitoring from the stormwater basins following the first rainfall event of each wet season. The water monitoring results are to be submitted to the Shire of Broome within 7 days of being received. (t) the potential loss of any community service or benefit resulting from the planning approval; The development would not impact on existing access to the Roebuck Bay Foreshore and therefore would not result in loss of any community service or benefit.
(u) any relevant submissions or objections received on the application.

The application was not advertised for public comment. The application was referred to NBY as native title holders and the Yawuru Park Council as administrators of the adjoining Conservation Estate. (v) the comments or submissions received from any authority consulted under clause 10.1.1; Addressed throughout the report and in the above Agency Consultation Section of the report. (w) the comments and submissions received from the representative Aboriginal group and people on matters of heritage and cultural importance and Native Title; The applicant has consulted with NBY and NBY have advised they have concerns regarding the nature and scale of the proposed facility and its potential impact on environmentally and culturally significant areas in the Yawuru Conservation Estate and Roebuck Bay. NBY have requested in the event the development does go ahead a comprehensive environmental impact assessment should be conducted incorporating a thorough assessment of water management and hazard mitigation on the site and the potential impacts on Roebuck Bay and the Yawuru Conservation Estate. Officer Comment: The site is within the Port zone and the development proposed is consistent with the objectives of the Port zone and the Port Land Use Plan. The applicant is providing landscape cross-section elevations of the facility to demonstrate the scale of the development. At the time of writing this report the
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information has not been provided and this will be forwarded to the DAP once received. Overall the scale of development proposed is considered appropriate for Port development. The maximum height of any of the structures to be constructed on site is 12.970m and to provide some comparison with regard to development in other areas of the Shire, this building height would be within the limits set for Mixed Use development, being 14m ridge height. The height of the structures would be consistent with the established amenity in the Port area. To the south of the site is the BP fuel storage facility, where the storage structures range in height from 10.973m to 18m. The BP fuel storage facility is also located on higher land (RL Level of 15m) therefore the structures proposed as a part of the DFF will be less visually intrusive. With regard to the potential environmental impacts and the potential off-site impacts the development could have on the culturally significant site to the east, these matters have been addressed under comments in section (i) and (s) above. (x) whether adequate provision is made for access for pedestrians and cyclists (including end of trip storage, toilet and shower facilities); These facilities would not be required for this type of development.
(y) any social issues which have an effect on the amenity of the locality; The development will not result in social issues and the development is considered consistent with the amenity within a Port zone. (z) any other matter which in the opinion of the Council has planning relevance.
There are no other matters of planning relevance to this application which have not been addressed above. Conclusion: The proposed Drilling Fluids Facility is considered to meet the objectives of the Port zone. With appropriate conditions applied to any approval that may be granted, it is considered the proposal can adequately meet the objectives and provisions of relevant State Planning Policies, the Shire of Broome Town Planning Scheme No 4 and relevant guidelines. The proposed Drilling Fluids Facility is therefore recommended for approval with relevant conditions and advice notes.
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Attachment 1a - Location Plan
Attachment 1b - Existing Site Plan
Attachment 1c - Aerial Plan
Attachment 2a - Site Plan
Attachment 2b - Site Layout
M-I SWACO DRILLING FLUIDS FACILITY

PORT OF BROOME, WESTERN AUSTRALIA
(FOUNDATION PLANS & DETAILS)
M-I FOUNDATION REVISION 24-10-2013
NO
RT H
ON HO LD
CONCRETE LAYOUT PLAN - OVERALL
M-I SWACO BROOME, W.A., AUSTRALIA DRILLING FLUIDS FACILITY PORT OF BROOME, WESTERN AUSTRALIA CONCRETE LAYOUT PLAN OVERALL
Chris Robinson
AMIEAust, Dip Sruct Eng Membership No. 782292
I E Aust The Institution of Engineers, Australia
JSS CRR
1:250
2013-060-C0
T3
Attachment 2c - Earthworks/Stormwater Plan
Attachment 2d - Vehicle Turning Temlates
FOR INFORMATION ONLY
Level 1, 430 Roberts Road PO Box 2150 Subiaco WA 6904 Facsimile: (08) 9382 5199 admin@pfeng.com.au ACN: 008 891 094
ALL SETOUT DIMENSIONS ARE FOR Attachment 3a - Site Cross-section Elevations REFERENCE PURPOSES ONLY
Chris Robinson
AMIEAust, Dip Sruct Eng Membership No. 782292
I E Aust The Institution of Engineers, Australia
M-I SWACO BROOME, W.A., AUSTRALIA DRILLING FLUIDS FACILITY PORT OF BROOME, WESTERN AUSTRALIA FOUNDATION ELEVATIONS
JSS CRR 1:100
2013-060-S4
T3
Attachment 3b - Mixing Warehouse Elevation
Attachment 3c - Dry Bulk Warehouse Elevations
Attachment 3d - Dangerous Goods Storage Shed Elevations
Attachment 3e - Conceptual Elevations
ATTACHMENT 4a: SCHEDULE OF SUBMISSIONS

# 1. Name Department of Aboriginal Affairs Date 04.12.13 Submission 1. The information provided has been reviewed and confirm that there are no Registered Aboriginal heritage sites or Other Heritage Places located in the area of the proposed works. The Broome Port Authority has recently also sought advice from the Department and has been provided with the same advice. 1. In reference to your correspondence in regards to the above-mentioned development application, Main Roads WA has no objections to the proposal. 1. DPaW are not responsible for implementing/enforcing the Environmental Protection (EP) Act which deals with land use planning/potential discharges such as this. 2. Landholders of the conservation area/s adjacent to the development here will be the Yawuru RNTBC and the Shire of Broome as a part of the In Town Yawuru Conservation Estate. 3. The Department of Environment and Regulation have responsibility for implementing/enforcing the EP Act and will therefore require unput into the approvals process. 1. DER has entered into a scoping phase with MI-Australia, for approval required under Part V of the Environmental Protection act 1986 (the Act). In accordance with section 52 of the Act, a works approval is require to construct the proposed facility, and under section 56 of the Act, a licence is required to operate the proposed facility. 2. This is due to the fact that the proposal will involve activities prescribed under Schedule 1 of the Environmental Protection Regulations 1987 (Category 73 and Category 75). 3. Please be advised that as part of the works approval and licensing process, DER has requested the proponent provide comprehensive supporting information for the works approval and license applications. 4. Supporting documents required are to include premises information, a detailed process description, proposed measures to manage potential emissions and discharges during construction and operation such as dust, odour, noise, light, discharges to land, solid/liquid wastes, hydrocarbon/chemical storage. The proponent also needs to discuss compliance with relevant Australian Standards and industry Codes of Practice. A premises risk assessment is then drafted by DER for the proposal and the design, management measures and procedures are assessed to determine if the proposal is environmentally acceptable. Staff Comments (recommendations in bold) 1. Noted.
2.
Main Roads WA Department of Parks and Wildlife (DPaW)
13.12.13
1.
Noted.
3.
17.12.13
1.
Noted.
2.
Noted.
3.
Noted.
4.
Department of Environment and Regulation (DER)
23.12.13
1.
Noted. An advice note is recommended advising the applicant of these requirements.
2.
Noted.
3.
Noted.
4.
Noted.

# Name Date Submission 5. At this stage, DER has not received any supporting documents from MiAustralia for a works approval and license application, and does not have sufficient information on all of these potential emissions and discharges associated with the proposal to make any recommendations to the Shire of Broome. 6. Once DER receives sufficient supporting documentation addressing all of the abovementioned items to be regulated by DER, it is Departmental process to seek comments from all relevant stakeholders, the Shire of Broome being included in this process. 1. The DOH acknowledges this proposed MiSwaco chemical blending and bulk storage facility requires licensing under Part 5 of the Environmental Protection Act 1986 (WA) by the Department Environment Regulation (DER). 2. Public Health Considerations - This submission was assessed for two phases of the development a) the construction phase and b) the operation phase. a) The environmental management plan addresses potential environmental issues relating to the construction of the proposed facility and not its operation. As such the comments that follow apply to the construction phase of the proposal only. In terms of dust suppression during the construction phase the report is adequate and mitigation strategies are adequate. In terms of chemical spills, any spills of greater than 10 L should include the intention to remediate the spill area to at least a chemical concentration level consistent with Health Investigation Levels for industrial sites. b) The Design Brief provides an overview of the facility and its use. The brief does not address operational control processes in detail. The Broome Port Authority and DER licensing branch have jurisdiction over the Port activities and DOH provides advice when public health matters are raised. This proposal identifies a number of dry powders/solids that will be stored in the facility. At least one of these powders contains crystalline silica which is a known respiratory carcinogen. The proposal is not clear on how this product will be handled within the facility or translocated to the ship Staff Comments (recommendations in bold) 5. Noted. This documentation would be required to be supplied by the proponent to DER prior to construction of the facility.
6.
Noted.
5.
Department of Health (DoH)
23.12.13
1.
Noted.
2.
Noted. Recommend that a condition of planning approval is imposed requiring an Operational Environmental Management Plan (OEMP) is submitted to the Shire of Broomes satisfaction. Incorporate an advice note detailing that the OMP must include details on how potentially hazardous materials are handled and transported to address possible human health and environmental risk.

# Name Date Submission loading area. DOH recommends boundary monitoring for silica for any silica containing materials bulk stored and transported within the Port. DOH has advised the DER of the appropriate air quality monitoring guides for regulating silica containing materials in a separate email to the Broome regional officer. Bulka bags containing silica based material must also be dust free. 3. DOH is satisfied that the human environmental health issues have been adequately addressed for the construction phase of the facility but not the operational phase due to the lack of detail. DOH is happy to assist DER and the Shire of Broome in this regard. 1. DFES has no objection to this development in the planned location. DFES will need to have input as the project progresses into the building phase and required plans to be submitted to our Built Environment Branch to ensure the appropriate levels of Fire Protection are installed. 1. The referral documents contained limited information on how stormwater will be managed and as such the DoW is unable to provide comment on its adequacy. In order for the DoW to provide detailed comment on the stormwater management designs the following information is required. The report Broome Port Lot E3 Stormwater Drainage Design by Pritchard Francis Consulting Engineers. Details of the development footprint area to enable the amount of stormwater surface runoff to be calculated. Earthworks plan indicating the area of impervious surfaces, details on how surface runoff will be directed to the two stormwater sumps and information on the dimensions of the sumps (volume, area, depth, etc). Technical information on how the liquid fluids storage areas are to be constructed. Base line groundwater data to determine depth to and quality of groundwater. Additional information on the type and disposal issues of the proposed restroom internal containment tanks. Based on the information provided the DoW has the following comments: 2. The Water Resources and Management section on page 8 on the Staff Comments (recommendations in bold)
3.
Noted. Recommend that advice note referred to above details that the OMP will be referred to DoH for comment prior to adoption. Noted. The applicant is required under the Building Act 2011 and associated Regulations to refer the building plans to DFES prior to lodgement with the Shire of Broome.
6.
7.
Department of Fire and Emergency Services (DFES) Department of Water
03.01.14
1.
07.01.14
1.
These documents referred to were supplied to the DoW, who confirmed that the design calculations for the detention volumes appear to be satisfactory for the area of development. The Engineering Department at the Shire have reviewed the stormwater design and advised that the capacity of the system has been designed to meet SoB Guidelines.
2.
This information was forwarded to the DoW and it was confirmed the designed detention volumes are satisfactory. The rainfall

# Name Date Submission Design Brief states that the sumps will have sufficient volume to contain the 1 in 1 year storm and maintain runoff in the 1 in 50 year storm event to predevelopment conditions. However, no rainfall intensity is given. Staff Comments (recommendations in bold) intensity for the sumps is 1 in 72 hour storm for the northern sump and 1 in 24 hour storm event for the southern sump. The Engineering Department have reviewed the stormwater design and advised that the capacity of the system has been designed to meet SoB Guidelines. 3. Noted. This information has not been provided by the application. Recommend that a condition of approval be included requiring the applicant to supply the detailed stormwater design including management of downstream stormwater discharge. 4. Noted. The measures to manage potential discharges to external environments during construction and operation is a matter that is also assessed in detail by DER as a part of the works approval/licence process. DER have advised that licencing conditions are imposed requiring the applicant to monitor and submit details confirming that external discharges meets standards.
3.
There is no indication of an emergency overflow system. Given infiltration is limited at source due to Pindam Soil and proximity to the ocean, further information may be require on management of large rainfall events. It is suspected heavy metals and other pollutants will be captured in the sumps over time, therefore monitoring of the sumps will be essential to ensure no hazardous substances are discharged offsite. This should include: Monitoring of surface water in the sumps/discharge from sumps and; Monitoring of sediment at the base of the sumps. Gross Pollutant Traps or Bio-filters should also be installed upstream of the sumps to assist with managing water quality.
4.
5. 5.
6. 6. Stormwater runoff from the development should be managed appropriately to reduce the risk of potentially contaminated water leaving the site. The stormwater management system should be designed in accordance with the guidelines contained in: The Stormwater Management Manual for Western Australia (DoW 2004-2007) and the Decisions Process for Stormwater Management (DoE 2005). Stormwater management at industrial sites [WQPN 52] The DoW recommends that the proponent follows best management practices for facility operation and the storage and use of hazardous substances. The following WQPNs provide guidance on best management practices: General heavy industry near sensitive water resources [WQPN 20]
Noted. Recommend an advice note is provided to the applicant detailing the stormwater drainage design is to include GPT or bio-filters. Noted. These matters would be assessed once the final stormwater drainage design is submitted.
7.
Noted.
7.

# Submission Chemical blending facilities [WQPN 7] Tanks for ground level chemical storage [WQPN 61] Contaminant spills: emergency response [WQPN 10]. 8. The subject land is located in the Townsite subarea of the Broome groundwater area, which is proclaimed under the Right in Water and Irrigation Act 1914. A 5C licence may be require for the use of groundwater and a 26D licence may be required to the construction of wells. Groundwater in the area is saline and may not be suitable for some uses. Comments from Yawuru Native Title Holders to the Applicant M-I Australia 1. Nyamba Buru 16.12.13 1. Thank you for taking the time to present to the board of the Yawuru Native Yawuru Ltd Title Holders Aboriginal Corporation RNTBC (Yawuru PBC) on 10 (NBY) December 2013 regarding the proposed DFF. 2. Having discussed your proposal at length, the Yawuru PBC Board has Submission to resolved that it is opposed to the development of the DFF. the applicant 3. The Yawuru PBC Boards concern with the development primarily arises out of the nature and scale of the proposed facility and its potential impact on environmentally and culturally significant areas in the Yawuru Conservation Estate and Roebuck Bay. As previously set out in correspondence dated 4 November 2013, the Board is also concerned that the proposed facility does beyond the scope of what was envisaged in the 2008 heritage survey of the site. Name Date Staff Comments (recommendations in bold)
8.
Noted. The applicant has detailed that water for the Facility would be sourced from the reticulated water supply or stormwater will be collected for reuse from the bunded areas.
1.
Noted.
2.
3.
The site is within the Port zone and the development proposed is consistent with the objectives of the Port zone and the Port Land Use Plan. The nature and scale of the development proposed is consistent with the objectives of the zone. Please see further comments in the officers comments section of the Responsible Authority report under part (w).
4. 4. In the event the development is to go ahead, a comprehensive environmental impact assessment should be conducted, incorporating a thorough assessment of water management and hazard mitigation on the site and the potential impacts on Roebuck Bay and the Yawuru Conservation Estate. As joint managers of the Yawuru Conservation Estate, Yawuru and the Shire of Broome should also be consulted as a part of this assessment.
The environmental implications of the development are assessed as a part of the planning application and subject to the submission of further details (OEMP, ECMP and waste water details) it is considered that the environmental impacts have been adequately addressed. Environmental impacts are also assessed in detail as a part of the works approval and licence application with DER.
Attachment 4b - Copies of Submissions
Broome Port Authority
Broome Port Land Use Plan

May 2012
133 Scarborough Beach Road, MOUNT HAWTHORN WA 6015 Telephone +61 8 9443 1511 Facsimile +61 8 9444 3901 Broome Airport Commercial Centre, BROOME WA 6725 Telephone +61 89192 2299 Facsimile + 61 8 9193 7639 www.whelans.com.au
CONTENTS
1. INTRODUCTION ......................................................................................................................................... 1 1.1 1.2 1.3 1.4 OVERVIEW......................................................................................................................................... 1 BROOME PORT LAND USE PLAN .................................................................................................... 1 LAND TENURE................................................................................................................................... 1 KEY STAKEHOLDERS....................................................................................................................... 2
1.4.1 1.4.2 1.4.3 1.4.4

1.5 2.
Broome Port Authority.................................................................................... 2 Tourism and Recreational Use....................................................................... 2 Native Title and Aboriginal Heritage............................................................... 2 Wharf Users................................................................................................... 2
FORMAT OF REPORT ....................................................................................................................... 3
TOWN PLANNING FRAMEWORK ............................................................................................................. 5
2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.5 2.1.6 2.1.7 2.1.8

2.2 3.
Port Authorities Act 1999 ............................................................................... 5 Planning and Development Act 2005 ............................................................. 5 Shire of Broome Town Planning Scheme....................................................... 5 Shire of Broome Shipping and Container Policy............................................. 6 State Planning Strategy ................................................................................. 8 State Planning Strategy ................................................................................. 9 Statement of Planning Policy 4.1: State Industrial Buffer Policy .................... 9 Statement of Planning Policy 2.6: State Coastal Planning Policy ................ 10 Development Control Policy 6.1: Country Coastal Planning Policy.............. 11
ENVIRONMENTAL REVIEW ............................................................................................................ 11
EXISTING PORT ENVIRONMENT............................................................................................................ 12 3.1 EXISTING ENVIRONMENT.............................................................................................................. 12
3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7

3.2
Overview...................................................................................................... 12 Flora ............................................................................................................ 12 Fauna .......................................................................................................... 12 Coastal Dune System .................................................................................. 13 Tides............................................................................................................ 13 Coastal Erosion ........................................................................................... 13 Flooding ....................................................................................................... 14 Administration .............................................................................................. 14 Aquaculture.................................................................................................. 14 Marine Industry ............................................................................................ 14 Fuel and Oil Storage and Supply ................................................................. 14 Public Utility Services Reserve..................................................................... 15 Recreation/Tourism...................................................................................... 15
EXISTING LAND USE ...................................................................................................................... 14
3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6
3.2.7 3.2.8 3.2.9 3.2.10

4. 4.1
Oil and Gas Industry Supply Bases.............................................................. 15 Transport ..................................................................................................... 15 Under-utilised Port Land .............................................................................. 15 Relinquishment of Land ............................................................................... 16
HERITAGE & CULTURAL ENVIRONMENT............................................................................................. 16 ETHNOGRAOHIC STUDY................................................................................................................ 16
4.1.1 4.1.2 4.1.3

4.2
Overview...................................................................................................... 16 Social and Historical Background................................................................. 16 Findings ....................................................................................................... 16 Overview...................................................................................................... 17 History ......................................................................................................... 17 Findings ....................................................................................................... 17
ARCHAEOLOGICAL STUDY............................................................................................................ 17
4.2.1 4.2.2 4.2.3

4.3 5.
SUMMARY HERITAGE AND ETHNOGRAPHIC STUDIES........................................................... 17
OPPORUNTIES AND CONSIDERATIONS............................................................................................... 19 5.1 AREAS REQUIRING PROTECTION FOR CULTURAL OR ENVIRONMENTAL REASONS ......... 19
5.1.1 5.1.2 5.1.3 5.1.3 5.1.4

5.2 5.3 5.4 5.5 5.6 5.7 6.
Coastal Dune System .................................................................................. 19 Keraudrenia B Species ................................................................................ 19 Heritage Buildings........................................................................................ 20 Heritage Buildings........................................................................................ 21 Indigenous Heritage..................................................................................... 21
RELINQUISHED LAND FOR CONSERVATION AERA.................................................................... 21 LAND USES REQUIRING A BUFFER AREA ................................................................................... 21 FLAT LAND SUITABLE FOR DEVELOPMENT................................................................................ 22 EXISTING USES AND SERVICES ................................................................................................... 22 AREA PRONE TO FLOODING ......................................................................................................... 22 FUTURE PORT RELATED INDUSTRIAL EXPANSION ................................................................... 22
FUTURE PORT DEVELOPMENT ............................................................................................................. 24 6.1 6.2 CURRENT PORT GROWTH TRENDS............................................................................................. 24 FUTURE GROWTH AREAS ............................................................................................................. 24
6.2.1 6.2.2 6.2.2

6.3 6.4 6.5
Livestock Exports......................................................................................... 24 Offshore Oil and Gas ................................................................................... 24 Recreation/Tourism...................................................................................... 24
IMPLICATIONS OF GROWTH ......................................................................................................... 25 STRATEGIC OBJECTIVES .............................................................................................................. 26 BROOME PORT LAND USE PLAN .................................................................................................. 26
6.5.1 6.5.2 6.5.3 6.5.4
Administration/Tourism ................................................................................ 26 Port Related Operations............................................................................... 27 Aquaculture.................................................................................................. 27 Water Storage.............................................................................................. 27
6.5.5 6.5.6 6.5.7 6.5.8 6.5.9 6.5.10 6.5.11 6.5.12 6.5.13

7. 7.
Heritage Precinct ......................................................................................... 27 Marine Industry ............................................................................................ 27 Maritime Service Facilities ........................................................................... 28 Fuel and Oil Storage .................................................................................... 28 Maritime Logistics and Supply Base ............................................................ 28 Recreation/Tourism...................................................................................... 28 Environmental and Coastal Protection ......................................................... 29 Indigenous Heritage..................................................................................... 29 Services....................................................................................................... 29
IMPLEMENTATION................................................................................................................................... 31 IMPLEMENTATION................................................................................................................................... 32 7.1 7.2 BROOME PORT AUTHORITY ......................................................................................................... 32 SHIRE OF BROOME ........................................................................................................................ 32
7.2.1
7.3
Shire of Broome Town Planning Scheme No. 4 ........................................... 32 State Planning Strategy ............................................................................... 33 Statement of Planning Policy No. 4.1: Industrial Buffer Policy ..................... 33 Statement of Planning Policy No. 2.6: State Coastal Planning Policy.......... 33
WESTERN AUSTRALIAN PLANNING COMMISSION ..................................................................... 33
7.3.1 7.3.2 7.3.3

8. 9. 10.
SUMMARY AND CONCLUSION .............................................................................................................. 34 REFERENCES .......................................................................................................................................... 35 ANNEXURE A ........................................................................................................................................... 36
1.
1.1
INTRODUCTION
OVERVIEW
Deepwater ports area vital infrastructure component of regional areas. These ports provide a gateway for imports and exports from a region, and underpin regional economic growth. This is particularly true of the Kimberley Region one of Australias most remote and sparsely populated regions. The Kimberley has substantial potential for economic growth, in oil and gas exploration and development, mining, agricultural and tourism. Together with Broome Port (the Port) 1, Broome constitutes a support centre for the developing the Browse Basin oil and gas province, while providing an efficient logistics gateway for the wider region. Each of these factors has implications for the future growth and management of the Port.
1.2
BROOME PORT LAND USE PLAN
In late 1996, the Broome Port Authority (BrPA) commissioned a draft Broome Port Land Use Study in recognition of the potential future growth and expansion of the Kimberley Region and Broome township, both of which placed different pressures on the Port. The aim of the Study was to examine land use opportunities and constraints in the Port, and identify a land use plan that would ensure that future growth and expansion was able to satisfy the requirements of all stakeholders. In mid 1997 (following a review of the draft Study) the Broome Port Land Use Plan was adopted by BrPA. The report accommodated the comments and concerns made by key stakeholders. Subsequent to adopting the 1997 Land Use Plan, BrPA commissioned ethnographic and archaeological assessments of the Port to clearly ascertain the heritage and culture values of the Port land. These studies were undertaken in 2000 by specialist consultants in consultation with Aboriginal representatives in Broome. The studies formed the basis of the 2002 review of the 1997 Land Use Plan. The revised land use plan incorporated the recommendations of these studies. From 2006 to 2010, environmental studies were then undertaken by specialist consultants to provide more certainty surrounding the environmental sensitivity of the Port land, and to further define the key areas to be protected in the context of growing land development pressures. During this time, an indigenous Land Use Agreement (ILUA) was also negotiated by third parties, which recognised areas in and around the Broome township where native title rights were found to exist. The findings and determinations of these proceedings have been a key element in this update to the Broome Land Use Plan. In this context, the Plan provides a clear structure for the future development of the Port that minimises land use conflicts, maintains and protects coastal margins of ecological and cultural sensitivity and provides suitable land for specific port-related purposes.
1.3
LAND TENURE
It has been established that the area encompassing the existing Port was originally held by the Commonwealth of Australia as freehold land under Certificate of Title Volume 644 Folio 144. This land was held for the purposes of a Commonwealth Customs quarantine station 1
and was established on 8 May 1916 as a Broome Town Lot 616 issued by the State of Western Australia. In 1967, this land was subsequently promulgated to the West Australian Minister of Transport for Harbour Purposes. Finally, on 1 January 2000, the Broome Port Authority was established as the statutory body to manage the use of the Port and Reserve land, pursuant to the Port Authorities Act 1999 (The Act). Sections 24 to 20 of the Act, discuss the Port area and property that is vested of the Port Authority which includes: All Crown Land in the Port, including the seabed an shores; All navigational aids in the Port or used in connection with navigation into or out of the port, that belong to the State; and All fixtures on land in the Port that belongs to the State.
All land at the Port is now vested in BrPA. Before BrPA grants any significant easement, lease or licence in respect to the vested land, the Minister for Transports approval must be obtained. There are also restrictions on selling Port land as stated in Section 37 of the Act.
1.4
KEY STAKEHOLDERS
There are a number of stakeholders whom have an interest in the Port, or whose activities will shape land use demands. Key stakeholders include:
1.4.1
Broome Port Authority
BrPA was established under the Port Authorities Act 1999. BrPA: administers the land use and development of the Port; replaced the original administration regime established by the Western Australian Department of Transport which was assisted by the Broome Port Advisory Board; has responsibility for the overall Port management; and is required to provide a safe Port environment for employees, visitors and recreation users.
1.4.2
Tourism and Recreational Use
The Port has significant value for the tourism industry and recreational users. It is a popular fishing spot, and is experiencing an increase in the number of cruise liners visiting the area. Charter boats and recreational boaters also use the Port, and indeed constitute the major proportion of total Port users and visitors. Both recreational and tourist users are to be catered for in future Port developments.
1.4.3
Native Title and Aboriginal Heritage
The Yawuru Prescribed Body Corporate (Yawuru PBC) are the recognised traditional owners of the Broome area. Native title over land vested in BrPA has been extinguished. Aboriginal heritage continues to be an important consideration in the management and development of land vested in BrPA.
1.4.4
Wharf Users
There are a number of organisations and companies which conduct business using BrPAs wharf. These include the cattle industry, coastal trading companies, oil and gas exploration companies, fuel discharge and bunkering, charter vessels, fishing and pearling industries. These organisations and companies provide economic benefits to the Port and the region and are instrumental in the regions growth and development. Where possible BrPA seeks to make the limited land resources available for lease by organisations and companies which require or benefit from close proximity to the wharf.
1.5
FORMAT OF REPORT
This report is structured to provide an indication of the considerations and analysis used to formulate this Land Use Plan. Chapter 2 outlines the town planning framework applicable to the Port, and the wider Broome area. This includes the Shire of Broome Town Planning Scheme, the State Planning Strategy, and State Planning Policy. Chapter 3 describes the existing Port environment, including the existing environment, and existing land uses. Chapter 4 describes the heritage and cultural environment of the Port, with reference to the recently completed ethnographic and archaeological studies. Chapter 5 identifies the opportunities for, and considerations to, future development at the Port. Chapter 6 describes the Plan and future Port development. This includes identifying potential future land use requirements in the Port, and explaining how each use has been provided for. It also discusses how sensitive cultural and environmental issues have been taken into account in the Ports future development. Chapter 7 outlines how the Land Use Plan will be implemented. Based on the information disseminated in these chapters, the context of the Broome Port Land Use Plan is established. In summary, the Plan provides a structure for future use and development within the Port, and contains information on future land uses, access and transport arrangement, and areas for recreation and conservation. The location of the Port lands within the Township is shown in Figure 1.1 overleaf.
Figure 1.1
Location Map: Port of Broome
2.
TOWN PLANNING FRAMEWORK
The following section describes the town planning framework in place in Broome, which provides an overall direction for development in the Broome township and at the Port.
2.1.1
Port Authorities Act 1999
The Act, specifically Section 30, contains a number of provisions, requiring the BrPA to plan for future growth and ensure the efficient operation of the Port, enacting specific powers to plan for and undertake works at ports vested in them as a result of their government ownership. Under Section 38(2) of the Act, port works and port facilities are defined as public works, which therefore makes them exempt from controls that may otherwise be imposed under the Planning and Development Act 2005 (P&D Act). These controls are discussed further below. The Act also exempts requirements under the Local Government (Miscellaneous Provisions) Act 1960 in that the BrPA does not require formal approvals for building plans. BrPA is however, required to consult with the Local Government before and during the carrying out of building work to ensure that the performance requirements of the Building Codes are met. In the event there is a disagreement about a town planning or building matter relating to port works or port facilities, the disagreement will be referred to the Minister. The Minister will decide on the matter, this decision is final and binding on both the Local Government and the BrPA.
2.1.2
Planning and Development Act 2005
Although works undertaken by the BrPA are exempt from standard planning approval processes, similar to that of building requirements, Section 6 of the P&D Act requires that BrPA to consult with the responsible authority at the time of proposal formulation (public work or taking of lands for this purpose), so as to ensure: (a) (b) The purpose and intent of any planning scheme that has effect in the locality where, and at a time when, the right is exercised; and The orderly and proper planning, and the preservation of the amenity, of that locality at the time.
In this regard, the Shire of Broome Town Planning Scheme No. 4 (the Scheme) prescribes a Reserve specific to the Port lands, under which requirements are to be adhered to.
2.1.3
Shire of Broome Town Planning Scheme
The Scheme is the statutory framework that sets out the long-term planning directions and objectives to guide the future development of Broome. This Scheme replaces previous Town Planning Scheme Numbers 2 and 33 (Shire of Broome, 2001). Under the Scheme, the Port has a tenure reservation, but is classified as a Port Zone. Figure 2.1 shows the Scheme zoning applied to the Port and surrounds. The objective of the Port Zone (clause 4.20.1) is:
To provide for the establishment of special industrial uses and activities which are associated with the Port, in addition to associated administration facilities and recreation uses. The land uses may include offensive and potential hazardous industry and storage facilities.
The Port Zone site and Development requirements include: 4.20.2.1 Land use and development within the Port area shall be generally in accordance with the Broome Port Land Use Plan (Broome Port Authority); Development is subject to control by government departments, principally the Department of Transport and Department of Fisheries; The relevant government department/s in the Port area shall consult with Council prior to commencing any development within the Port Zone to ensure that all works undertaken are in keeping with the intent of the Town Planning Scheme, and will not destroy the amenity of the area. Any leaseholders within the Port area shall submit a formal application and obtain planning approval and a building license from Council prior to commencing any development; 4.20.2.3 All development should recognise and preserve the existence of the rare Keraudrenia Species B plants and the coastal dune systems of Roebuck Bay and Riddell Beach which exists within the Port area; Development within the Port Zone should have regard to the need to protect areas shown as Environmental Cultural Corridors in the Local Planning Strategy; and The storage and use of toxic and hazardous substances are required to comply with the requirements of relevant legislation and government authorities.
4.20.2.2
4.20.2.4
4.20.2.5
The effect of these clauses is to exempt the BrPA from applying for consent to develop (if the proposed development is generally consistent wit the Port Land Use Plan). However, a development application is still required of port leaseholders should they propose development. The BrPA has prepared Development Guidelines for leaseholders proposing to develop land at the Port. The Schemes general objectives and requirements for the Port Zone are broadly consistent wit the BrPAs aim of ensuring the long term viability of the Port and its operations. The specific requirements of the Scheme are that development at the Port should: protect the Keraudrenia B plant species and the coastal dunes; and have regard to the need to protect areas shown as Environmental Cultural Corridors; in the Local Planning Strategy.
This is acknowledged by BrPA, and reflected in the Land Use Plan.
2.1.4
Shire of Broome Shipping and Container Policy
Shire of Broome Policy 3.1.26 Shipping and/or Storage Container Policy (the Policy) was originally prepared to be applied to the Port Zone. However, a revision of Policy which cam into effect in April 2010, has since removed its application to Port Lands, stipulating that planning approval is not required for storing of containers (empty or full) in conjunction with the operation of a transport depot or port related activity. The Policy is therefore no longer relevant to the operation of the Port lands. 6
Figure 2.1
Shire of Broome Zoning Map 8
2.1.5
State Planning Strategy
The State Planning Strategy 1996 (the SPS) prepared by the Western Australian Planning Commission (WAPC) provides a strategic guide for land use planning in Western Australia to the year 2029. The provision of efficient freight transport routes and hubs is identified in the SPS as a high priority in the strategic development of the state, with the SPS identifying the need to provide compatible zoning adjacent to ports and access corridors. In acknowledging the importance of ports, the SPS identifies the following actions: ensuring that the protection of ports and strategic industry sites and their associated road and rail access corridors is a priority in regional and local plans; ensuring full use of existing ports and preparing port strategic development plans so that the demands of trade can be handled in the regions; and identifying land to be reserved next to key transport hubs, including ports and small boat harbours.
The SPS is implemented through regional and local planning schemes, and other planning documents which must have regard to the SPS. Beyond this, the WAPC has no statutory authority over development at the Port, as there is no Region Scheme to guide it or set out provisions for development. The Plan recognises the intent of the SPS by providing for the future development at the Port of key industries and infrastructure to respond to the demands of trade.
2.1.6
Statement of Planning Policy 4.1: State Industrial Buffer Policy
The State Industrial Buffer Policy No. 4.1 (SPP 4.1) IS A Statement of Planning Policy (SPP) prepared and adopted by the WAPC under statutory procedures set out in part 3 of the P&D Act 2005. Every local authority that amends, reviews or prepares a Town Planning Scheme must pay due regard to SPP documents Prepared by the WAPC. The purpose of SPP 4.1 is to provide a consistent state-wide approach for the protection and long term security of industrial zones, transport terminals (including ports), other utilities and special uses. It is also intended to provide for the safety and amenity of surrounding land uses while having regard to the rights of landowners who may be affected by residual emissions and risk. SPP 4.1 was developed following recognition that industry and infrastructure (including ports) by their very nature often generate a range of emissions of pollutants (including noise, dust, gas, odour fumes, lighting overspill) as well as risk levels which are not generally compatible with other land uses. As a result, these land uses should be separated from residential areas and other sensitive uses by a buffer area to ensure that general amenity is maintained at acceptable levels. In general, these buffer areas should be accommodated on-site within the operations area, or off-site but within the property boundaries. As an alternative, a buffer area may be provided off-site on surrounding properties. The extent of the buffer area to be provided will depend on the industry and particular circumstances (eg. Scale of operations). Section 2.3 of SPP 4.1 specifically notes that proposals for new development and expansion/upgrading of existing facilities (including new activities associated with the growth of trade at ports) should have regard to the interests of affected landowners in surround areas, where unacceptable impacts extend beyond any existing buffer areas. It would be the WAPC, in conjunction with the Environmental Protection Authority (EPA), who would determine those impacts that are unacceptable. SPP 4.1 is implemented through local Town Planning Schemes, which must be reviewed by both the WAPC and the EPA prior to adoption. The Shire of Broome Town Planning Scheme 9
will therefore reflect the requirements of this Policy. As a consequence, satisfying the requirements of this Policy will be achieved by BrPA and/or port leaseholders through the necessary consultation and submitting of planning applications (where required) that will need to be undertaken when future development of this nature is proposed at the Port. The Plan reflects the intent of SPP 4.1 by locating the more hazardous industries at the Port in the central area of the Port. This is complemented by graduated development out to the Port boundaries made up of less hazardous industries (such s bulk storage, cattle yards and aquaculture). It should be noted that a review of SPP 4.1 has been undertaken by the WAPC and the Amended Drat was released for public comment in July 2009. Although the Amended SPP 4.1 has yet to come into effect, the intent of the Policy remains the same.
2.1.7
Statement of Planning Policy 2.6: State Coastal Planning Policy
The WAPC has prepared the State Coastal Planning Policy No. 2.6 (SPP 2.6) in recognition that there are a variety of pressures on the coast for competing recreational, residential, industrial and commercial uses. Planning for coastal land is about balancing these often conflicting needs and desires in a way that takes into account the values of the coast. SPP 2.6 distinguishes between coastal foreshore reserves and development setbacks for physical processes, and applies to (amongst other areas), land use and development abutting the coast. In addition, pursuant to SPP 2.6, local Town Planning Schemes and local planning strategies may also identify areas of coastal influence, to which this Policy applies. SPP 2.6 indicates that local and regional planning strategies, structure plans, schemes, subdivisions, strata subdivision and development applications, as well as other planning decisions relating to the coast should (amongst other matters): ensure that use of the coast, including the marine environment, for recreation; conservation, tourism, commerce, industry, housing, ocean access and other appropriate activities is sustainable and located in suitable areas; protect significant natural, indigenous and cultural features of the coast; and ensure that, when identifying areas suitable for development, consideration is given to strategic sites for coastal access including ports, boat harbours and regional boat ramps.
SPP 2.6 is intended to guide local governments and the State Administrative Tribunal (SAT) of those aspects of State Planning Policy that should be taken in to account in planning decision-making for the coast. It provides a means for co-ordinating those agencies activities with those of the private sector to ensure an integrated approach for coastal planning. Implementation of this Coastal Policy will primarily be through the preparation of regional and local strategic plans, statutory planning schemes, conservation and management plans, and other relevant plans. It will also occur through the day-to-day process of decision making on zoning, subdivision, strata subdivision and development applications, and the actions of other State agencies in carrying out their responsibilities. New or amended region or town planning schemes should be consistent with the objectives, policy and guidelines content of SPP 2.6, and draft Coastal Zone Management Policy for Western Australia. Policy measures set out under SPP 2.6 relating to public interest, environmental protection, land use control and setbacks are addressed within the Plans land use recommendations. Specific development control requirements such as building heights will however be 10
achieved through the necessary administered by the Shire.
consultation
and
planning
assessment
process
The Plan provides for protection of cultural and environmental features of the coast as required under SPP 2.6 and in acknowledgement of the coastal location, whilst also recognising the strategic importance of the Port to the region, and planning for its growth accordingly.
2.1.8
Development Control Policy 6.1: Policy
Country Coastal Planning
The Country Coastal Planning Policy No. 6.1 (DC 6.1) is an operational policy prepared by the WAPC, which is to be viewed in light of SPP 2.6. SPP 2.6 is the higher order and prevailing coastal planning policy. The objectives of DC 6.1 align with those outlined under SPP 2.6, and can be generally summarised as: encouraging orderly and balanced development on coastal land, in which coastal resources are appropriately protect, conserved and enhanced. Within this context, DC 6.1 identifies ports as essential services and the highest priority development and land use for coastal areas. DC 6.1 addresses matters involving ecology of the coastline, visual amenity, land preservation, roads and parking and pedestrian amenity among other things. Although these matters are all considered in the preparation of the Plan, the primary procedure for implementation of this policy is a foreshore management plan.
2.2
ENVIRONMENTAL REVIEW
Any environmental approvals required as a result of proposed development at the Port will be sought at the appropriate stage in the development cycle. All development and land use is required to accord with the BrPAs Environmental Management Plan (EMP) 2009. The objectives of the EMP are as follows: a) to identify and consider the environmental issues likely to be encountered on the site; b) to assess the risk of the environmental issues and prioritise them for action; c) to formulate practical environmental management options and strategies to assist BrPA in meeting its environmental management obligations, taking into account existing procedures and mitigation measures; and d) to reference specific procedures to be implemented by BrPA.
11
3.
3.1
3.1.1
EXISTING PORT ENVIRONMENT

EXISTING ENVIRONMENT
Overview
The Port is located at the southern tip of the Broome Peninsula, about 10 kilometres from the Broome township. The Port covers an area of approximately 108 hectares (exclusive of gazetted waters and seabed contained in Lot 409), and is characterised by a flat interior (the Pindan Plain) with an extensive coastal dune system around the exterior. The environment is a combination of coastal dunes, red soil cliffs, and inland sand plan (Pindan Plain). The vegetation covering the predominant area of the Port is described as being open Woodland over Shrubland and grassland on orange to red pindan soils on lower to upperslope positions.
3.1.2
Flora
As part of the 2002 review of the Land Use Plan, botanist, Malcolm Trudgers, was retained to prepare a report on the vegetation in the Port Reserve. The results of this report indicated that within the Port there are seven surveyed areas which contain the rare Keraudrenia Species B plant. This species is a genus of the Australian shrub Sterculiacaea, which principally occurs in arid and tropical areas of Australia. In 1993, Keraudrenia was placed on the Department of Conservation and Land Managements (CALM) Priority 1 listing for rare flora (Broome Botanical Society Inc, 1995). Of the seven surveyed areas of Keraudrenia, two are of significant size, whilst the remaining five are smaller (with some falling within the conservation reserve). In 2008, the BrPA commissioned Woodman Environmental Consulting to undertake a survey entitled Floristic Community Types of the Broome Peninsula which documented the vegetation within the Port, and extending significantly beyond the Port lands to the north, to comprise undeveloped land along both Cable Beach and Roebuck Bay. The study recommended conservation of the main localities of Keraudrenia, with a buffer to any proposed development to reduce the impacts of dust and drainage of industrial sites. The study also recommended an Environmental Management Plan be prepared for the entirety of the Environmental Cultural Corridor as reserved under the Scheme. A species of Scleria sp. was identified during this survey, which was deemed appropriate for additional study. A further survey of this species was undertaken in August 2009 to accurately determine the extent of Scleria sp. within BrPA lands, also extending north along the Broome Peninsula. The findings confirmed the locations of this species both in and around BrPA lands, Low. A clearing permit for this purpose was subsequently issued by the Department of Environment and Conservation.
3.1.3
Fauna
12
BrPA commissioned a Fauna survey of Port lands in 2008. This study identified a range of significant species which occurred or are considered likely to occur within the BrPA lands. The ongoing operations of the Port and proposed future development was assessed as having a low impact on the existing fauna surveyed. This is primarily due to the relatively small area of land the BrPA has in the context of the Broome Peninsula, as well as minimal impact being made on the connectivity of habitats. Hydrological impacts from Port related uses were also seen to be minimal, if any. Light and noise should be considered however, when permitting land uses and associated development. A further fauna study was undertaken in 2010, extending the area of investigation north of the Port boundary, incorporating land which is proposed for future development. Together with the plan for the realignment of Kavite Road being finalised, the fauna study is available for review.
3.1.4
Coastal Dune System
Along the eastern, southern and western boundaries of the Port (and contained within the Port Reserve) is an extensive Holocene dunal system. This dunal system is an important interface between the marine and terrestrial environments.
3.1.5
Tides
Tidal movement within the Port is significant, with a range of up to 10 metres. There is a mean high water spring of 8.5 metres, and a mean high water neap tide of 5.5 metres. The Ports entrance channel has a depth of 13 metres at low water datum (Port of Broome, 2001).
3.1.6
Coastal Erosion
The coastline on the western side of the Broome Peninsula is unprotected, and is eroding at approximately 30 centimetres annually (Department of Planning and Urban Development, 1990). This trend is likely to continue and appears to be more severe at beaches north of the Port.
13
3.1.7
Flooding
Potential for stormwater flooding exists adjacent to Port Drive in the northern portion of the Port. This is due to a depression in the topography to the southwest of the Port Drive industrial area.
3.2
EXISTING LAND USE
Broome Port is the main fuel and container set down and pick up point for the Kimberley, and supports a diverse range of industries and uses including: livestock export; fuel & oil storage and supply; pearling and fishing; aquaculture; offshore oil and gas exploration; supply vessels; charter boats; and passenger and cruise liners.
A brief explanation of each land use is provided in Sections 3.2.1 to 3.2.9. It is noted that land uses are documented in leases and reserves.
3.2.1
Administration
The BrPA administration building is located immediately to the west of the entrance to the Port wharf. Additional maintenance and depot buildings are located along the northern side of Port Drive in this vicinity. BrPA intends to move its workshop to the west side of Port Drive below the water tanks at some time in the future and lease a small area to the Broome Volunteer Sea Rescue Group to store their vessel.
3.2.2
Aquaculture
An aquaculture park is designated to the west of Port Drive, and is leased to the Department of Fisheries. This site abuts Kavite Road to the north, the Shell storage depot to the south, and a recreation reserve to the west. Located on this site is the tropical Aquaculture Park (where all activities of this nature take place) and the Dune Protection area which forms a buffer between the aquaculture park and the coastal dunes.
3.2.3
Marine Industry
Marine industry is a term used to describe such facilities as the marine slip-way and servicing facility, and the Port maintenance yard. It also encompasses boat repair, boat hire and other such uses. These uses are located adjacent to the main Port Wharf and represent a significant use of Port land.
3.2.4
Fuel and Oil Storage and Supply
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The fuel and oil storage and supply area is to the west of Port Drive, abutting the aquaculture area directly to the north. Fuel and oil are stored on-site in the large tanks at this location, and a small retail fuel outlet exits. The continued use of Port lands for the retail sale of fuel is under review, thogh it is possible that this use will continue.
3.2.5
Public Utility Services Reserve
A small area of land within the Port Reserve is a Reserve for Public Utility Services (1221). This Reserve contains Horizon Power lines, a Water Corporation pipeline and Telstra communications cable which services the Racecourse and some other incidental users. These utilities will be relocated to a new easement within 5 metres of the northern boundary of Port lands. The Crown Reserve will then be vested in BrPA.
3.2.6
Recreation/Tourism
The Broome Fishing Club clubrooms are currently located at the southern end of the Port, along with the boat ramp and boardwalk along the jetty. Rock fishing is popular in this area, and a restaurant is located at the entrance to the jetty that caters for recreational users and tourists. A hovercraft base also operates on the eastern side of Port Drive. In order to better serve the public using the Port facilities, the BrPA reserves the right to permit small mobile food providers to provide food to the public and Port staff. Approval will be at the BrPAs sole discretion and will be subject to all operational and safety concerns being addressed as required by the BrPA. Shire of Broome requirements concerning the provision of food will also apply. The vans will be permitted to set up in various locations around the Port, subject to prior approval.
3.2.7
Oil and Gas Industry Supply Bases
A significant portion of port lands are leased to Toll Mermaid Logistics Broome Pty Ltd (TMLB) which provides supply base services to the oil and gas exploration industry. These lands surround the large warehouse by the base of the wharf and 3.3 hectares on the west side of Port Drive. There are two buildings used as private dwellings located on Port lands between the fuel tank farm and the 3.3 hectare base leased by TMLB. The buildings are owned by third parties and occupy Port lands as tenants at will. If these buildings are relocated, then that land is earmarked to be incorporated into the existing supply base or as a fuel storage facility. A publicly listed company has an option over up to 15 hectares of land on the west side of Port Drive close to the northern boundary.
3.2.8
Transport
A trucking base operated by Oilfield Transport Services is located on the eastern side of Port drive by the Port boundary. This facility is also used for storage of shipping containers. It is likely that a significant proportion of this base will be sub-leased for use as an oil and gas industry supply base at some stage in the future.
3.2.9
Under-utilised Port Land

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Other than the land subject to the option mentioned in 3.2.7, there is approximately 4 hectares of land available for development. This land is made up of the residue of the land in the north eastern portion of Port lands and a strip of land which runs parallel to the eastern side of Port Drive. BrPA intends to develop the land on the eastern side of Port Drive for use as a light commercial area for port related services providers or as additional supply bases.
3.2.10 Relinquishment of Land

Pursuant to an Indigenous Land Use Agreement between the State and the Yawuru PBC, approximately 45 hectares of Port lands which cannot be developed due to environmental and cultural constraints will be surrendered by BrPA and incorporated into a reserve.
4.
HERITAGE & CULTURAL ENVIRONMENT
Subsequent to adopting the original Broome Port Land Use Plan in 1997, the BrPA decided to commission ethnographic and archaeological surveys of the Port Reserve. The aim of these surveys was to clearly ascertain heritage and cultural issues in the Port, which would then provide more certainty for future land use and development at the Port. The surveys were carried out by two specialist consultants in 2000, and the findings of each are summarised in sections 4.1 and 4.2.
4.1
4.1.1
ETHNOGRAPHIC STUDY
Overview
This study entitled Report on an Ethnographic Study for the Broome Port Reserve was undertaken by Mr Rory OConnor in October 2000. The research brief required Mr OConnor to establish whether: the existing ethnographic data for the Port Reserve was complete and accurate; and to ascertain whether there were any sites of Aboriginal significance in the Port area.
4.1.2
Social and Historical Background
Determining the accuracy of the existing ethnographic record was made difficult by the varied Aboriginal history of the Broome area. The study identified the following points: the original inhabitants of Broome appear to have been the Menyerdyano estate group of the Yawuru tribe; the Djugan tribe appear to have extended from the north into the Broome area, but there is no record of estate groups in this case; and following the die out of all the original Broome inhabitants in the early years of European contact, other Yawuru people (and some Nadya-Nadya) took their place in accordance with Aboriginal tradition and tribal law.
4.1.3
Findings
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The study established the following:
that the coastal dunes around the exterior of the Port Reserve are part of an Aboriginal mythological song-cycle. As such, the study recommends that the coastal dunes be considered to constitute an Aboriginal site within the meaning of the Western Australian Aboriginal Heritage Act 1972. The implied consequence of this finding is that if this proves to be an accurate recommendation, it would be an offence under the Act to damage or destroy or disturb the dunal system, that Aboriginal heritage considerations were not a constraint to further development on the Pindan Plain within the Port Reserve; and that the Port Reserve is clear of any significant heritage sites, other than the continuing coastal dune system and a Mangarr tree.
4.2
4.2.1
ARCHAEOLOGICAL STUDY
Overview
This study, entitled Report on a Preliminary Archaeological Investigation of Aboriginal Sites Port of Broome Land Use Plan was undertaken by Quartermaine Consultants in August 2000. The aim of this study was to carry out an archaeological survey of the Broome Port area, utilising data from previous work in the region, and the Culture and Heritage Division, the Aboriginal Affairs Department, Aboriginal site files, previous survey reports, maps and other environmental information.
4.2.2
History
A number of archaeological surveys have been commissioned for the Kimberley region, and have provided a range of recorded evidence of aboriginal usage and occupation of the region. A number of specific sites have been recorded in the Broome area, of which two are located in the Port Reserve. These two sites are shell middens with associated artefacts, and are located in the coastal dune area.
4.2.3
Findings
The study recommends the following: that where possible, registered archaeological sites within the Port should be protected, and remain undisturbed; that any work within the boundaries of the registered sites would require permission for site disturbance before work could commence. As these sites are also of significance to Aboriginal people, their wishes should also be considered prior to work commencing; and that should any of these registered sites be required for future development, permission to use the land must be obtained pursuant to section 18 of the Western Australian Aboriginal Heritage Act 1972 prior to any works commencing; as interference with an Aboriginal site is an offence pursuant to this Act.
4.3
SUMMARY HERITAGE AND ETHNOGRAPHIC STUDIES

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BrPA acknowledges the findings of these two studies, and in response has identified a significant amount of land to be protected from development in the Port as Environmental Cultural Corridors (ECCs). This land is mostly around the edges of the Port which contain the coastal dune system, although there is an ECC providing an east-west linkage through the Port interior. BrPA has taken considerable care to ensure that all registered heritage sites in the Port area are protected within these ECCs. However, it is recognised that due to the difficulties of accurately identifying the locations of some sites, that in some instances total protection may not occur. Despite this, BrPA is committed to working with the Aboriginal people in Broome to ensure that an acceptable comprise can be reached if such a situation occurs. Since the studies described above were completed, BrPA has worked closely with the Yawuru PBC to minimise the impact of development on heritage sites and obtained heritage clearances on a project-by-project basis.
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5.
OPPORTUNITIES AND CONSIDERATIONS
Figure 5.1 overleaf identifies the opportunities and considerations with regard to future development at the Port. A brief description of each category identified in the Opportunities and Considerations Plan (Figure 5.1) is provided below.
5.1
AREAS REQUIRING PROTECTION FOR CULTURAL OR ENVIRONMENTAL REASONS

Coastal Dune System
5.1.1
The land around the exterior of much of the Port consists of a Holocene coastal dune system. These coastal dunes form part of an Aboriginal mythological song-cycle and are of important cultural value to the Aboriginal people of Broome, with several sites of archaeological importance (middens) being located within the dunal system. In addition, the dunes form an important interface between the terrestrial and marine ecosystems and should be maintained in their natural state. Furthermore, the dunal system is unsuitable for development given the instability of sand dunes. Status: Consideration to future Port development.
5.1.2
Keraudrenia B Species
There are two large areas of the northwest of the Port where the rare Keraudrenia B species is found. Given the rarity of this species, the preservation of these areas is considered to be important. This is reinforced by the requirement in the Broome Town Planning Scheme that this species should be protected in any future Port development. The Port supports the protection of rare and endangered species. Status: Consideration to future Port development.
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20 Figure 5.1 Opportunities and Considerations
5.1.3
Heritage Buildings
There are three buildings on Port lands which are owned by third parties and which may have some heritage value. Two of the buildings are located on the western side of Port Drive. One of the buildings is located on the eastern side of Port drive. The buildings consist of cottages originally used as quarantine stations, and later as private residences. They have been identified as potentially having regional heritage value and are listed within the Shires Municipal Heritage Inventory. These buildings may be relocated off-site to a new location in the future, once their heritage status has been determined. Status: Consideration to future Port development.
5.1.4
Indigenous Heritage
A potential indigenous heritage site has been identified in the north-western portion of the Port lands. This site is to be protected from development unless otherwise agreed with the Yawuru PBC. It does not form part of the land being surrendered into the coastal reserve. Status: Consideration to future Port development.
5.2
RELINQUISHED LAND FOR CONSERVATION AERA
As discussed in Section 3.2.10, approximately 48 hectares of Port land is to be relinquished pursuant to the recent Land Use Agreement achieved between the State and the Yawuru PBC. This land will enable conservation of the coastal dune system Keraudrenia B species and Indigenous Heritage sites mentioned above. It is envisaged that the land relinquished will be incorporated into a formal reserve in the near future.
5.3
LAND USES REQUIRING A BUFFER AREA
Certain potentially hazardous land uses require buffer areas around them to ensure that an accident does not cause widespread damage or harm. In the case of the Port, these uses include fuel and oil bulk storage. The existing location for these uses is to the south of the Port, away from the Broome Township. Any future expansion of these uses will also require a buffer area. 21
Status: Potential Consideration to future Port development.
5.4
FLAT LAND SUITABLE FOR DEVELOPMENT
Approximately 20 hectares of land at the Port is under-utilised but is suitable for development. Figure 5.1 identifies those areas where future development can occur. The Department of Environment and Conservation issued a clearing permit over this land on 7 January 2010. Status: Consideration to future Port development.
5.5
EXISTING USES AND SERVICES
Figure 5.1 identifies areas where significant existing uses are located. These uses include the recreational boat ramps, fuel and oil storage, the main Port wharf area, the maritime service facility, the cattle yards, and the aquaculture precinct. Due to the presence of these existing uses, it poses a constraint for future development scenarios, which must accommodate the existing uses. Alternatively, these existing uses may attract further industries into the Port, and therefore can also be viewed as an economic opportunity for future development. The location of existing power and water infrastructure also poses a constraint to future expansion. The power infrastructure, in particular, is a significant factor to be considered in the future development of vacant northern Port land, as identified in Figure 5.1. This infrastructure is currently located within a Crown reserve. However, in order to develop the available land it will be relocated to the northern boundary of Port lands at significant cost. Status: Both an Opportunity and Consideration for future Port development.
5.6
AREA PRONE TO FLOODING
As noted in Section 3.1.6, there is a stormwater flood-prone area to the northwest of the Port. Any proposed development on this land should accommodate this constraint appropriately. Status: Consideration to future Port development.
5.7
FUTURE PORT RELATED INDUSTRIAL EXPANSION
Approximately 58 hectares of Unallocated Crown Land (UCL) (net of road, heritage and environmental reserves) directly abutting the Port lands to the north, has been identified for future Port-related industrial expansion. An amendment initiation proposing to reclassify this UCL was supported at a meeting of the Broome Shire Council on 26 November 2009. Formal procedures must now be undertaken to allow development of this land to occur. The Amendment is currently undergoing review by the Environmental Protection Authority as part of the necessary referral process. This land will not form part of the Port Zone subject of this Plan. Instead it will be privately leased from the Yawuru PBC who will further lease the land from the State.
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The appropriate interface and/or integration between the vacant Port lands and the future industrial development of this UCL will need to be appropriately coordinated. This is of particular significance to the proposed development and layout of the UCL. Status: Consideration to future Port development.
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6.
6.1
FUTURE PORT DEVELOPMENT

CURRENT PORT GROWTH TRENDS
The Kimberley Region has substantial potential for economic growth, based on the exploration and development of the Browse Basin, together with mining, agriculture and tourism. As the only deepwater port servicing the region, the Port is well established to capitalise on this growth. This potential is reflected in trade levels through the Port. Figure 6.1 demonstrates the trends that have occurred over the last decade in relation to Port throughput in tonnes, as well as the commodity breakdown for the 2009 period. These trends indicate the Port is experiencing sustained growth.
6.2
FUTURE GROWTH AREAS
Based on current Port growth trends, and analysis of other resource trends, it is considered that the Port will see increased future trade in the following areas:
6.2.1
Livestock Exports
BrPA has made a substantial investment in livestock handling facilities at the Port, and over 100,000 head are now handled at the Port annually. This growth is likely to remain fairly stable for the foreseeable future unless the industry invests in ships better able to handle the tidal range at Broome.
6.2.2
Offshore Oil and Gas
The Port has supported the exploration of the Broome Basin by oil and gas companies since the late sixties. Oil and gas exploration has continued to grow in importance to BrPA, with revenues from this industry making up just over half of BrPAs total revenue. Given that the Western Australian Government has indicated that it believes the Browse Basin is potentially one of the worlds best hydrocarbon rich provinces, BrPA is optimistic that has exploration and development will continue to row in importance to the Port.
6.2.2 Recreation/Tourism
Continued growth in the numbers of non-trading vessels using the Port is expected. Broome is becoming increasingly recognised as an exotic, attractive destination for cruise ships. BrPA will continue to support this growing industry which has direct benefits to the town.
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6.3
IMPLICATIONS OF GROWTH
BrPAs continued strong performance (and anticipated future performance) is associated with a demand for land on which to develop port related industries. Section 6.2 discussed where future growth was likely to occur, and this provides an overview of what future land use demands at the Port will encompass. From this overview it is possible to develop a Port Land Use Plan that will meet these demands while also satisfying heritage, cultural, environmental and safety concerns.
Figure 6.1
Port of Broome Trading Figures
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6.4
STRATEGIC OBJECTIVES
In planning for future development of Port lands, the following objectives have been developed to guide consideration and implementation of land uses and future expansion. Community Wellbeing port operations aim to be safe and secure, and prioritise the safety and security of all visitors and employees accessing Port land; areas and places with cultural heritage values on Port land are protected and managed with involvement from Traditional Owner representatives; access for Indigenous persons to culturally significant places and landscapes is maintained where consistent with workplace health and safety requirements; and development and planning of Port infrastructure recognises the value and importance of surrounding resources/areas of existing or potential economic value to the community.
Economic Development the Port is an important piece of infrastructure which makes a valuable contribution to the local regional economy; new trading opportunities for the Port will be considered where compatible with existing operations and broader benefits are provided; and expansion and provisions of land for Port related development will be planned for in a manner that is orderly and proper, and does not detrimentally impact upon existing operations.
Ecological Process protection of the Port environment is to be achieved through proactive management; sustainable management is to be promoted and incorporated into all aspects of Port planning, development and operations; and the coastal environment and associated values are protected through responsible and ecologically sustainable development on strategic Port land.
6.5
BROOME PORT LAND USE PLAN
A land use plan has been prepared to accompany this report, and illustrates the strategic land use recommendations guiding future development for the Pot lands. The diagram has been prepared in consideration of the current and anticipated future growth areas, accommodating existing land uses and lease areas, with the intention of protecting the heritage, cultural and environmental values of the Port Reserve. Refer to Figure 6.2. The following land uses have been provided for in the Plan:
6.5.1
Administration/Tourism
Port of Pearls House was constructed on Port lands by a third party. The building is leased by various organisations including BrPA, the Department of Fisheries, AQIS and a restaurant. The area leased by BrPA is not adequate to contain all its staff and consequently demountable buildings have been set up to house BrPAs Operations department. At some stage BrPA will need to consolidate its offices and it is likely that a dedicated office will be constructed on the existing workshop site.
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The lease obtained by the landlord allows a road range of uses including administration, tourism and retail shops.
6.5.2
Port Related Operations
Strategic allocation of land located close to the wharf and administrative centre of the Port is vital to future expansion of the Port and the administrative and operational functions of the BrPA. Community and education facilities are also to be included within this scope. The land identified under this use is currently developed as the Port workshop with a substantial portion of the land remaining vacant. Potential future uses of this land include the development of a TAFE facility, new BrPA administrative office, relocated BrPA workshop and potential artesian bore and storage facility.
6.5.3
Aquaculture
The demand for sub-leases within the Aquaculture Park leased by the Department of Fisheries has been slow with almost half of the area remaining undeveloped. The existing area designated for this industry is considered to be more than sufficient for future demand, and consequently this Plan makes no additional provision for this use.
6.5.4
Water Storage
The storage and catchment of water within the Port is located in close proximity to the administration and wharf. This land provides an elevated site for catchment purposes. The topography of land within this designated area limits further development potential.
6.5.5
Heritage Precinct
There are three heritage buildings in the Port, as described in Section 5.1.3. It is proposed to relocate some or all of theses to a new location. This new location would preferably be outside of the Port Reserve (possibly at a Shire location). However, if this off-site relocation is not possible then a site adjacent to the Ports eastern coastal margin has been identified, in close proximity to the third heritage building. The Plan then provides for this area to be protected as a Heritage Precinct. The houses may be used as accommodation or offices to meet Port demands. Due to their remoteness and wood construction, it is not viable to leave these residences uninhabited.
6.5.6
Marine Industry
With growth at the Port set to increase, growth in this industry is also likely to occur. This is because this land use encompasses a lot of lighter marine industries that service the Port and general recreation and tourist uses (ie. boat repair, chandlery, boat equipment hire, etc). Providing for these uses to expand is considered to be necessary, and the Plan designates a vacant area on the eastern side of Port Drive for this use. A clearing permit has been issued by the Department of Environment and Conservation (DEC) approving the clearing of this land for development purposes.
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6.5.7
Maritime Service Facilities
While similar to the marine industry land use discussed in Section 6.4.5, this land use encompasses heavier industries such as marine engineering, and large-scale boat repair. These uses generally require a location in close proximity to the main wharf and coastal access. This land use has been separated out from the marine industry category so that there is a separation between the lighter, more recreation/tourist focused marine industries, and the heavier industrial marine industries. Land use has been made adjacent to the administration area and main wharf with access to the waters edge. It is also possible that the area of vacant land on the eastern side of Port Drive will be used.
6.5.8
Fuel and Oil Storage
Given the growth in Broome, the BrPAs success in attracting off-shore companies to use the Port as a supply base and the potential of the Browse Basin for hydrocarbon supply, it is expected that the Ports fuel and oil storage facilities will need to be expanded. This could require the erection of additional fuel tanks and the provision of suitable buffer zones. This land use has been provided for in the Plan as an extension of the existing storage area. Because of the risk associated with the storage of these hazardous substances, the location of this land use is kept within the centre of the Port Reserve.
6.5.9
Maritime Logistics and Supply Base
The majority of suitable land for development has been designated for marine logistics and supply base to accommodate the anticipated growth associated with the Browse Basin off-shore oil and gas industry. As discussed in Section 6.2.2, the use of the Port for this industry is expected to experience considerable growth in the near future. This use provides for uses that are light to general industry in nature, enabling integration of development of the substantial vacant northern land with the adjoining UCL which is to be developed for Port related industrial development in the future. Marine logistics and supply base uses are considered compatible with the proposed future development and the existing Port Drive industrial area. Relocation of two existing heritage buildings from the southern most portion of this land use, opposite the Fuel and Storage zone is recommended. This will allow for additional land for these uses in close proximity to the wharf while minimising land use conflicts. The vacant land on the eastern side of Port Drive could also be used for this purpose. A clearing permit has been issued by the DEC for future development. The land subject of this approval is identified on the Opportunities and Considerations plan.
6.5.10 Recreation/Tourism
Provision of tourist and recreational facilities is necessary to accommodate the public. Facilities include cafes, water amenities, parking and boat launching facilities. The pedestrian-only recreational fishing boardwalk continues to be a major recreational facility for tourists and the local community. Provision for this use has been made in the area surrounding the existing recreation/tourist facilities to facilitate and concentrate growth in one location.
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The state government has also recently announced plans to construct a small vessel facility on reclaimed land on the eastern side of the Port below the administration building. The final design of this facility and responsibility for its management are still to be determined.
6.5.11 Environmental and Coastal Protection

The Plan provides for the protection of the coastal dune systems of the Port and also the connection of the west and east coastal margins of the Port enabling a nature corridor and habitat connectivity that is consistent with Aboriginal heritage and cultural interests in Broome. This land will also provide a sufficient setback between the Port-related uses and the sensitive coastal areas as required under SPP 2.6. In addition, the Corridor also provides protection for, and avoids disturbances to, the two large areas of Keraudrenia Species B in the Port Reserve. These specific areas have been determined by a flora survey in consultation with the DEC. The conservation area is currently compiled of ECC, Coastal Reserve and relinquished Port lands with an additional site along Port Drive which as been identified for future relinquishment for conservation purposes. It is intended that this land will be amalgamated to create a single conservation reserve in the future.
6.5.12 Indigenous Heritage

During a process of identifying appropriate land to be relinquished for environmental conservation, a site was identified as being of potential Indigenous Heritage value. It was mapped accordingly and has been protected from future development, subject to further investigation. This site is identified in the Opportunities and Considerations plan. Should Indigenous Heritage approvals be obtained, this site will subsequently be incorporated into the adjoining Marine Logistics and Supply Base land use classification.
6.5.13 Services
Road Network The Shire of Broome is considering closing access to the western portion of Kavite Road where it leaves the Port land and joins the Coastal Reserve land. This is to protect the dunal system in this area and eliminate heavy traffic flow along this road from the Port. To achieve this, where Kavite Road exits the Port at its western boundary a cul-de-sac could be created. The closure of Kavite Road would be offset by the construction of a new road immediately to the north of Port lands, parallel to the exiting Crown utilities Reserve as indentified on the Land Use Plan. There will also be a change to the road layout in the south of the Port lands redirecting traffic accessing the Entrance Point. The existing road to the southeast will be closed with a new access proposed to the northwest. This will reduce the volume of recreational traffic in close proximity to the wharf. Water Main The Port is serviced by an existing water main that approximately follows Port Drive. The offshoot from this water main which runs on a northwest-southwest axis across a Crown 29
utilities reserve, which services the racecourse, will be relocated to a new location 5 metres south of the existing north western boundary of the Port. Power Reserve Horizon Power has an above ground power line located within a Crown utilities reserve which runs on a northwest-southeast axis across the Port. This is shown on the Broome Port Land Use Plan. BrPA intends to relocate the power line to a location 5 metres south of the existing Port boundary and put it underground. Telstra Telstra has a cable which runs on a northwest-southeast axis located within a Crown utilities reserve. This is shown on the Broome Port Land Use Plan. BrPA intends to relocate the communications lines to a location 5 metres south of the existing Port boundary. Reserve Vesting Once works have been completed to relocate the power and Telstra infrastructure, the majority of the Crown Reserve will be vested in BrPA with the exception of the portion within the relinquished land.
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31 Figure 6.2 Broome Port Land Use Plan
7.
IMPLEMENTATION
The Plan consists of a variety of land use components. Implementation of the Plan will require the use of a number of different mechanisms, the process for which is set out in Section 7.1-7.3. The land use plan is however a living document and will be changed so that BrPA can fulfil its statutory obligations.
7.1
BROOME PORT AUTHORITY
This revised Plan will be formally adopted by BrPA as the basis of future development at the Port. Formal adoption by BrPA indicates to the community and key stakeholders that the Plan is the formal blueprint to which BrPA is committed. With formal adoption of the Plan, pursuant to the relevant Scheme clauses (refer Section 2.1), BrPA is exempt from applying for planning consent to develop (if the proposed development is generally consistent with the Plan). Despite this, BrPA is still expected to consult with the Shire of Broome and other relevant government departments (being specifically the Department of Transport and the Department of Planning (DoP)) over any development proposal. If the proposed development is not consistent with the Plan, and BrPA would be required to submit a formal planning application. It is these provisions that ensure the Plan will be implemented in a manner that is consistent with the planning framework of the Broome area. BrPA has also established its own development assessment process and guidelines as a precursor to submitting a development application to the Shire of Broome. A copy of the guidelines is contained in Annexure A. Port Leaseholders Leaseholders within the Port area are required to submit a formal planning application and obtain a building licence from the Shire of Broome prior to commencing any development at the Port, whether or not it is in accordance with the Plan. Whilst formal planning approval will therefore still be required for leaseholders, the effect of the Plan will be to make the process of the Shire of Broome consideration and approval of proposals more efficient and co-ordinated. Again, this will assist with the Plans correct implementation.
7.2
7.2.1
SHIRE OF BROOME
Shire of Broome Town Planning Scheme No. 4
Prior to formal adoption of the Plan, the Shire of Broome will review and make comments on the Plan. This will ensure the Plan is consistent with the intent and direction of the Scheme. Following adoption, the Plan provides a strategic structure or future growth and development at the Port. Both these requirements will assist in the implementation of the Plan.
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7.3
WESTERN AUSTRALIAN PLANNING COMMISSION
The WAPC has no direct role in the implementation of the Plan as it deals with state-wide planning issues and strategies. It has only a generic impact insofar as it establishes general planning principles and policies which pertain to development and planning.
7.3.1
State Planning Strategy
Prior to the formal adoption of the plan, the DoP will have the opportunity to review and comment on the Plan. This will ensure the Plan is implemented in a manner that is consistent with the direction and intent of the SPS.
7.3.2
Statement of Planning Policy No. 4.1: Industrial Buffer Policy
Prior to the formal adoption of the Plan, the DoP will have the opportunity to review and approve the Plan. This review will ensure that appropriate buffer areas are established for Port uses and that the Plan is implemented in a manner that is consistent with the objectives of SPP 4.1.
7.3.3
Statement of Planning Policy No. 2.6: State Coastal Planning Policy
Prior to the formal adoption of the Plan, the DoP will have the opportunity to review and comment on the Plan. This will ensure that the Plan is implemented in a manner that is consistent with and implements the objectives of the SPP 2.6.
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8.
SUMMARY AND CONCLUSION
As the only deepwater port servicing the Kimberley Region, the Port of Broome is in a unique position to capitalise on potential economic growth in the region, whilst also servicing the regions needs. The Port has experienced strong growth over recent years and ongoing trends indicate that this growth will continue in the near future. The adoption of the Broome Port Land Use Plan provides a strategic structure for future land use and development at the Port. The Plan is prepared in consideration of the unique environmental and land use considerations of the site, with expert studies commissioned by BrPA to address archaeological and ethnographic reviews, as well as flora and faun studies completed since 2008. The Plan has been updated to reflect growth trends and the recommendations of these studies. The Plan has been further rationalised to account for results of additional surveys and events which will impact significantly on the availability of Port land and the uses to which it will facilitate. The Plan will continue to ensure that future development at the Port is managed efficiently and effectively to achieve economic, social and environmental objectives while addressing the requirements of land and Government authorities.
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9.
REFERENCES
Bamford Consulting (July 2008). Fauna Assessment of the Broome Port. (Prepared for Woodman Environmental Consulting Pty Ltd). Bamford Consulting (August 2010). Fauna Assessment of the Broome Port Area. (Prepared for Coffey Natural Systems). Broome Botanical Society Inc; (1995). Port of Broome Flora Survey Keraudrenia Species B. ERM Mitchell McCotter; (August 1997). Broome Port Land Use Study. (Prepared for the Broome Port Authority). O, Connor, R; (October 2000). Report on an Ethnographic Study for the Broome Port Reserve. (Prepared for the Broome Port Authority). Quartermaine Consultants (August 2000). Report on a Preliminary Archaeological Investigation of Aboriginal Sites Port of Broome Land Use Plan. (Prepared for the Broome Port Authority). Woodman Environmental Consulting (October 2008). Broome Port Authority: Floristic Community Types of the Broome Peninsula. (Prepared for the Broome Port Authority). Woodman Environmental Consulting (August 2009). Broome Port Authority: Further Survey for Scleria SP.. (Prepared for the Broome Port Authority).
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10. ANNEXURE A
PORT OF BROOME APPLICATION ASSESSMENT CHECKLIST GUIDELINES FOR LEASEHOLDERS
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Our Ref 20131205-V13011-EV13041-R-Broome SCPP 2.6 Letter-V3-JJ-I Contact Justine Jones
5 December 2013
Cardno (WA) Pty Ltd

ABN 77 009 119 000
Sean Mulhall Commercial Manager Broome Port Authority PO Box 46 BROOME WA 6725 Attention: Sean Mulhall Dear Sean Subject: Assessment of M-I Australia Pty Ltd Development against the State Coastal Planning Policy 2.6
11 Harvest Terrace West Perth WA 6005 PO Box 447 West Perth WA 6872 Australia Phone +61 8 9273 3888 Fax +61 8 9486 8664 Email wa@cardno.com www.cardno.com
Introduction
Cardno has been engaged by the Broome Port Authority (BPA) to provide an assessment which addresses a proposed Drilling Fluids Facility (DFF) against the principles of State Coastal Planning Policy 2.6 (SCPP 2.6) to support a Development Application (DA). M-I Australia Pty Ltd intends to develop and build a new DFF at the Port of Broome in Western Australia (WA). The proposed DFF will be responsible for the production of fluids used in offshore drilling operations, while also allowing for reclaimed fluids to be returned, cleaned and reused. As a part of the DA, an assessment against the SCPP 2.6 principles is required as the proposed DFF is classified as an industrial development located on a sandy coast near marine waters. Cardno has conducted a preliminary assessment to determine whether the proposed DFF is to be located within an area identified to be potentially impacted by physical coastal processes and if further risk management actions are required to manage the risk to an acceptable level. To conduct the assessment Cardno has reviewed relevant site investigations, design briefs and engineering drawings prepared for the site, SCPP 2.6 and publications detailing coastal environment of the Roebuck Bay.
Site Description
The proposed DFF will be located on Lot E3 (the site) within the boundaries of the BPA, approximately 15km south-west of the Broome townsite (Figure 1) (Golder Associates, 2013). The 1.1576 ha site is bounded by a narrow bitumen road to the north, Port Drive to the west, a road train turning facility to the south and Roebuck Bay conservation land to the east as shown in the Figure 2.
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Figure 1
Site Location
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Figure 2
Site Plan
2.1
Topography and Site Features
The ground surface over the majority of the site is at a relatively constant elevation of approximately Reduced Level (RL) 12 m Above Height Datum (AHD). Two notable features at the site are a shallow drainage swale or overgrown access track in the centre portion of the site and a stockpile on the south eastern boundary of the site. To the east the ground surface elevation slowly drops towards the beach berm at Roebuck Bay. The berm is a low scarp that drops to about RL 5 mAHD to Roebuck Bay beach. The Roebuck Bay beach has a gentle slope over about 50 m down to the high tide waterline. Intertidal zone of the beach is characterised by a number of mangroves and a solid rocky feature in the southern end of the beach.
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The greater environment surrounding the site is a combination of coastal dunes, red soil cliffs and Pindan Plain (BPA, 2013a). The area to the east of the site is generally incised by several deep gullies likely to be formed by surface water erosion. Where slope surfaces are visible, the area is covered by very weakly to weakly cemented clayey sand classified as Pindan sand. The surface soil at Roebuck Bay consists of beach sand and sandstone outcrops (Golder Associates, 2013).
2.2
Biological and Cultural Environment
The site and the area to the east of the site are covered by coastal bushland and has a native title extinguished (BPA, 2013a). Further consultation has also been undertaken with the traditional owners. A flora study conducted over the site in 2013 showed no Threatened Ecological Communities (TEC) or Priority Ecological Communities (PER) on site (Coffey International, 2013).
2.3
Climate
The site is arid, rainfall is generally low with an annual average of around 607mm, and demonstrates a summer peak during the cyclone season (November to April) (Bureau of Meteorology, 2013). The late winter-spring period is generally dry. Temperatures range from a minimum average of 25.8C in winter, to an average peak approaching 37C in summer. Broome is located at the fringe of the wet-dry tropics and hence generally experiences two distinct seasons of winds; quasi monsoonal winds prevail during the wet season from October to March, with a land-sea breeze cycle prevalent during the dry season from May to September. The combination provides a clearly bimodal wind distribution, with east-southeast and west-northwest prevailing winds.
2.4
Water Level
Wave and water level analysis has been conducted as part of the Broome Metocean Study (Damara, 2011). Broome experiences a semi-diurnal tidal regime, with a lowest to highest astronomical tidal (HAT) range of 10.5m. This equals 5.2 m AHD (Damara, 2011). Tide gauge data available for the area was used to describe the water level regime in Roebuck Bay, supported by parametric surge modelling for tropical cyclones. This analysis suggests that water levels are very strongly dominated by the tidal range, with very occasional extreme events reaching above HAT. The 100 year average recurrence interval (ARI) water level under cyclonic conditions has been calculated to be 10.8m Chart Datum (CD) or 5.5 mAHD which is only marginally above HAT. A tidal storm surge generated by cyclonic conditions may be experienced in Roebuck Bay. Such a surge may result in significantly higher tides than those normally expected and may result in flood damage at low lying areas along the Roebuck Bay coastline.
2.5
Sea Defence
The coastal outcrop at the entrance point to the Roebuck Bay provides some sheltering from the waves but the Roebuck Bay beach is exposed to large tidal currents. The Port of Broome is located at the Roebuck Bay entrance approximately 500 m south east of the site. The wharf is a steel piled structure with a concrete deck and spring fendering. The outer berth is 331 m long and two inner berths are 170 m and 96 m long, respectively. The structure does not constitute a safe haven against severe weather for ships or boats and does not provide a sea defence for coastal structures (BPA, 2013b). No other sea defence structures are currently in place at Roebuck Bay.
Proposed Development
M-I Australia Pty Ltd intends to develop and build a new DFF at the Port of Broome in WA. In general, the operations at this facility will consist of batching, storing and transferring both synthetic and water based drilling fluids. The current lease period for the site is 24 years. The bunding/footings and buildings cover some 3800m and consist of three components: > Water and synthetic based liquid mud Drilling Fluids Mixing System and Base Oil Storage; > Bulk Powder cutting and storage system; and
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> Warehouses, storage sheds and office block shown in Figure 3. After the completion of the primary earthworks, the final finish level of the soil beneath the structural slab will be approximately RL 12.1 mADH at the lowest point. The distance to the Roebuck Bay beach berm will be approximately 60 m at the closest point. Total distance from the DFF to the waterline under high tide will be 110 m. Figure 3 New Installation Overview
Bulk Powder Storage Office
Storage Sheds
Base Oil Storage
Mixing System
Assessment of the Development against the SCPP 2.6
SCPP 2.6 aims to ensure that coastal processes and hazards along with cultural and biologically significant features are considered during development of facilities within coastal areas. The policy provides guidance for estimating the component of the coastal foreshore reserve required to allow for coastal processes and be of an appropriate width to ensure a coastal foreshore reserve continues to provide the values, functions and uses prescribed should the coastal processes be realised over the planning timeframe. Further to ensuring sufficient physical separation from the coast, the proposed development has to take into consideration the following: > Ensure that there are no harmful discharges to the coastal environment; > No changes in nearshore water circulation patterns will occur as a result of the development; > No changes in the existing natural drainage patterns will occur; > Disturbance to existing vegetation will be minimised during construction; and > The development of the site will not directly impact any significant vegetation and flora species. Cardno has used SCPP 2.6 in determining whether the proposed DFF is to be located within an area identified to be potentially impacted by physical coastal processes within the planning timeframe and if further risk management actions are required to manage the risk to an acceptable level. The following methodology was adopted: 1. Determine the coastal classification in the location of the proposed DFF;
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2.
Estimate whether the physical separation is sufficient to allow for coastal processes. The estimation was based on the coastal classification and the following was considered: > > > > allowance for erosion; allowance for storm surge inundation; coastal protection works; and climate change; and
3.
Assess if biological and cultural features of the site have been considered for the proposed works.
4.1
Coastal Classification
The coastal processes are determined with regard to the physical and biological features of the coast. The site specific characteristics suggest that the classification is sandy coast. These coasts typically feature gently to moderately sloping shores and are often backed by dunes or beach ridges, which may contain dune blowouts. The shoreline can quickly alternate between accretion and erosion but is likely to retreat as a result of sea level rise.
4.2
Coastal Processes
SCPP 2.6 highlights the importance of making sure that coastal processes and hazards have been considered as part of the development. The following sections assess whether sufficient separation between the development and coastal processes exists. Erosion The main process along the Roebuck Bay coast is erosion and stripping of Pindan sand from the Cretaceous basement leading to formation of Pindan cliffs and exposure of bedrock. Erosion products are transported eastward in the littoral zone to form spits and dunes (EPA, 1987). Typically the erosion assessment over the planning timeframe incorporates different forms of erosion including historic shoreline movement, severe storm erosion and sea level rise as a result of climate change. Historic shoreline movement is discussed in the following paragraph; storm erosion and sea level rise are considered in the sections below. The position of the coastal vegetation line in 2005 and 2010 based on aerial photographs of Roebuck Bay were reviewed at the DFF location. The estimated rate of erosion recorded a value of approximately 0.1 m/year. SCPP 2.6 states that where the erosion rate is less than 0.2 m per year, no allowance for historic shoreline movement has to be considered in determining the width of the physical separation. As such, coastal movement and erosion of the beach embankment is not considered a threat to the DFF. Storm Surge Inundation Coastal development should take account of the worst possible combination of cyclonic winds, storm surge and storm waves, although such events may be rare. Based on the Broome Metocean Study the 100 year ARI water level under cyclonic conditions has been calculated to be 5.5 m AHD. The level beneath the structural slab will be on RL 12.1 m ADH at the lowest point. As such, the water level rise under the cyclonic conditions will not threaten the proposed development. The 100 year ARI water level is likely to cause erosion of the beach embankment which will lead to the movement of the coastal vegetation line inlands. However, even under the worst possible circumstances, the combination of storm erosion and shoreline movement is unlike to threaten the proposed DFF over the 24 year leasing timeframe. Climate Change Climate change will cause variations in many environmental variables including mean sea level, ocean currents and temperature, wind climate, wave climate, rainfall/run-off and air temperature. SCPP 2.6 states that the allowance for erosion caused by future sea level rise on a sandy coast should be calculated as 100 times the adopted sea level rise value of 0.9 m over a 100 year timeframe. The Department of
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Transports Guidelines for Sea Levels Change in WA (2010), detail that the recommended allowances for sea level rise in coastal planning in WA should be approximately 0.3 m over the next 50 years (see Figure 4 below). Figure 4 Recommended allowance for sea level rise in Coastal Planning WA
Red Line The 2000 IPCC Special Report on Emission Scenarios A1FI 95 percentile after Hunter (2009) Blue Line Continuation of scenario to 2110.
th
Under the worst case scenario, the sea level rise of 0.9 m over the next 100 years will lead up to a 100 year ARI water level under cyclonic conditions of 6.4 m AHD. As such the combination of climate change and cyclonic storm surge will not threaten the proposed DFF over the 24 year leasing timeframe. Climate change is likely to cause increased erosion of the coastline as a result of rise in the mean sea level and wave climate. The rate of change and the resulting erosion is relatively slow and threat to the proposed DFF is considered negligible. Coastal Protection Works The use of coastal defences can reduce the risk of a hazard occurring. No manmade coastal protection is currently in place in the close proximity to the proposed DFF. The entrance point to Roebuck Bay provides some sheltering from south westerly winds. As part of the Broome Port Development Plan (2013), a boating facility is proposed to be constructed by the Department of Transport south east of the site. This facility would incorporate a construction of a breakwater to provide safe conditions for small craft launching. The location of the facility suggests that it may provide some additional shelter to the coastline in front of the proposed DFF (Figure 5).
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Figure 5
Broome Port Development Plan and the Proposed Boating Facility
4.3
Biological and Cultural Features
The proposed site is zoned Future Industrial as part of the Broome Port Development Plan (2013) and is located within an area with long history of industrial activities. The site is bordered to the east by Roebuck Bay Conservation area. The vulnerable nature of the Roebuck Bay and the close proximity to the Roebuck Bay RAMSAR listed wetland (Roebuck Bay Working Group, 2009) has been considered since the commencement of the DFF project. Investigations into site ecological conditions, sites of aboriginal significance, site soil conditions, and proper drainage design have been performed to ensure minimal environmental and cultural impact. The site is currently covered by coastal bushland and no TECs, PERs or priority flora were found on site (Coffey International, 2013). The native title is extinguished on Port of Broome lands. Site drainage design incorporates the installation of two stormwater detention sumps to ensure that sediment from the proposed site will not be carried into the adjacent conservation area and site water runoff will not negatively affect the Roebuck Bay marine environment. As such the biological and cultural features of the site have been considered for the proposed DFF and any impacts of the proposed works have been managed accordingly.
Summary
Cardno has conducted a preliminary assessment to determine whether the proposed DFF is to be located within an area identified to be potentially impacted by physical coastal processes and if further risk management actions are required to manage the risk to a tolerable level. The assessment showed that the proposed DFF has a sufficient setback distance to the coastline even under the worst possible circumstances of storm surge, erosion and climate change. This is supported by the following: > The DFF is located 110 m from the shoreline under high tide;
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> The level beneath the structural slab will be on RL 12.1 m ADH at the lowest point. 100 year ARI water level under cyclonic conditions is 6.4 m AHD taking climate change into consideration; > The rate of erosion is approximately 0.1 m/year; and > The lease for the DFF is 24 years, however, to consider the potential longterm impact the assessment has been conducted over 100 years. Cultural and biological features of the site have also been considered as a part of the development of the DFF and proposed management measures are adequate. As such a Coastal Hazard Risk Management Plan and Vulnerability Assessment are not deemed to be necessary for the proposed DFF.
References
Broome Port Authority (2013a) Broome Port Land Use Plan. May 2013 Broome Port Authority (2013b) http://www.broomeport.wa.gov.au/ Accessed 28/11/2013 Broome Port Development Plan (2013) Bureau of Meteorology (2013) Broome Weather Data, Station 003003 http://www.bom.gov.au/climate/data/?ref=ftr Accessed 28/11/2013 Coffey International (2013) Environmental Site Investigation, Port Drive East Damara (2011) Broome Boat Facility Wave & Water Level Analysis Environmental Protection Authority (EPA) (1987) Broome Coastal Management Plan. Bulletin 252 Golder Associates (2013) Preliminary Geotechnical Investigation. M-I SWACO Drilling Fluids Facility, Lot E3, Port Drive Broome Hunter, J. (2009) Estimating sea-level extremes under conditions of uncertain sea-level rise. Climatic Change, DOI:10.1007/s10584-009-9671-6 M-I SWACO (2013) Design Brief - Drilling Fluids Facility Port Of Broome, WA, Australia Roebuck Bay Working Group (2009) Roebuck Bay Ramsar Site Management Plan State Coastal planning Policy 2.6 (2013) The Department of Transport (2010) Sea Level Change in Western Australia - Application to Coastal Planning
Cardno trusts that the work presented in this letter report is self-explanatory, however, should you have any queries or clarifications please do not hesitate to contact the undersigned.
Yours sincerely
Justine Jones Manager Environment Services and Water for Cardno Direct Line +61 8 6461 0758
www.cardno.com

Kimberley JDAP - Agenda - No 4 - Shire of Broome-1

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Kimberley Joint Development Assessment Panel Agenda

Disclosure of Interests Nil

Deputations and Presentations Nil

Appeals to the State Administrative Tribunal Nil

Form 1 - Responsible Authority Report

(b) the Scheme Report - Local Planning Strategy;

DIA 8 is to be further investigated for Port and General Industry uses.

(d) any approved Statement of Planning Policy of the Commission;

(i) any environmental consideration;

(k) the preservation of the amenity of the locality;

(u) any relevant submissions or objections received on the application.

Attachment 1a - Location Plan

Attachment 1b - Existing Site Plan

Attachment 1c - Aerial Plan

Attachment 2a - Site Plan

Attachment 2b - Site Layout

M-I SWACO DRILLING FLUIDS FACILITY

M-I FOUNDATION REVISION 24-10-2013

CONCRETE LAYOUT PLAN - OVERALL

Attachment 2c - Earthworks/Stormwater Plan

Attachment 2d - Vehicle Turning Temlates

FOR INFORMATION ONLY

Attachment 3b - Mixing Warehouse Elevation

Attachment 3c - Dry Bulk Warehouse Elevations

Attachment 3d - Dangerous Goods Storage Shed Elevations

Attachment 3e - Conceptual Elevations

ATTACHMENT 4a: SCHEDULE OF SUBMISSIONS

Main Roads WA Department of Parks and Wildlife (DPaW)

Department of Environment and Regulation (DER)

Noted. An advice note is recommended advising the applicant of these requirements.

ATTACHMENT 4a: SCHEDULE OF SUBMISSIONS

Department of Health (DoH)

ATTACHMENT 4a: SCHEDULE OF SUBMISSIONS

Department of Fire and Emergency Services (DFES) Department of Water

ATTACHMENT 4a: SCHEDULE OF SUBMISSIONS

ATTACHMENT 4a: SCHEDULE OF SUBMISSIONS

Attachment 4b - Copies of Submissions

Broome Port Authority

Broome Port Land Use Plan

1.4.1 1.4.2 1.4.3 1.4.4

FORMAT OF REPORT ....................................................................................................................... 3

TOWN PLANNING FRAMEWORK ............................................................................................................. 5

2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.5 2.1.6 2.1.7 2.1.8

ENVIRONMENTAL REVIEW ............................................................................................................ 11

EXISTING PORT ENVIRONMENT............................................................................................................ 12 3.1 EXISTING ENVIRONMENT.............................................................................................................. 12

3.1.1 3.1.2 3.1.3 3.1.4 3.1.5 3.1.6 3.1.7

EXISTING LAND USE ...................................................................................................................... 14

3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6

3.2.7 3.2.8 3.2.9 3.2.10

HERITAGE & CULTURAL ENVIRONMENT............................................................................................. 16 ETHNOGRAOHIC STUDY................................................................................................................ 16

4.1.1 4.1.2 4.1.3

4.2.1 4.2.2 4.2.3

SUMMARY HERITAGE AND ETHNOGRAPHIC STUDIES........................................................... 17

5.1.1 5.1.2 5.1.3 5.1.3 5.1.4

6.2.1 6.2.2 6.2.2

6.5.1 6.5.2 6.5.3 6.5.4

6.5.5 6.5.6 6.5.7 6.5.8 6.5.9 6.5.10 6.5.11 6.5.12 6.5.13

WESTERN AUSTRALIAN PLANNING COMMISSION ..................................................................... 33

7.3.1 7.3.2 7.3.3

BROOME PORT LAND USE PLAN

Broome Port Authority

Tourism and Recreational Use