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Golder Associates Pty Ltd
118 Franklin Street, Adelaide, South Australia 5000, Australia Tel: +61 8 8213 2100 Fax: +61 8 8213 2101 www.golder.com
Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America
A.B.N. 64 006 107 857 Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation.
Dear Chris,
Introduction
We refer to recent discussions with you in relation to deferral of the decision relating to the proposed land
division at the western end of George Francis Drive (the site). The copy of the letter you have provided,
addressed to the Chief Executive of the Alexandrina Council from the Director of Mining Regulation dated
26 September 2016 (Attachment 1), states that the Department of State Development (DSD) would oppose
the land division, citing incompatibility with existing extractive industry land uses to the north and west of the
site. As such we understand that Council has deferred its decision in order to obtain further information
including in relation to buffers with respect to the adjoining mining tenement and also the nearby wastewater
treatment plant owned by Alexandrina Council.
According to the online Property Location Browser, the site is located on land which includes the Fleurieu
Golf Course to the east and south along with a strip of existing residential properties extending south from
Arthur Road and then west as described by Certificate of Title (CT) 6201 Folio 29 as Allotment 1000,
Deposited Plan 116982, Mount Compass, Hundred of Nangkita. The registered proprietor of CT6201/29 is
Capitoline Property Pty Ltd (Attachment 2).
The following provides a commentary on issues to note with respect to relevant key legislation, guidelines
and other documents including the Alexandrina Council Development Plan and Identification of strategic
mineral resource areas in South Australia (DSD, 2015) in relation to matters raised by DSD. Based on our
review, we provide our opinion with respect to your query on the ability for DSD to prohibit further residential
development and to reserve land for future resources. We also provide an opinion in relation to the suitability
of the land division in relation to the waste water treatment plant. Please note however that this does not
purport to be or represent legal advice.
Discussion
Surrounding Land and Existing Leases and Licenses
Mining and buffers
There are a number of mining activities in the area, with Extractive Mineral Lease (EML) 5521 to the north
and EML 6450 to the west (which also has a 21.9 ha Mineral Lease ML 6451), as well as EML 5199 further
to the south (Attachment 5) all issued to Mt Compass Sand & Loam issued under the South Australian
Mining Act 1971. The Sand & Loam EMLs 5521 and 6450 and ML 6451 are closest to the site and located
on CT6185/591 (Attachment 6).
6 March 2018 Project No. P1781347-002-L-Rev1
Chris Vounasis
Director - Future Urban
Level 1/89 King William Street
GPO Box 2403
Adelaide SA 5001
via email: chris@futureurbangroup.com
COMMENTS RELATING TO LETTER FROM THE DEPARTMENT OF STATE DEVELOPMENT
RE: PROPOSED LAND DIVISION, GEORGE FRANCIS DRIVE, MOUNT COMPASS
Chris Vounasis P1781347-002-L-Rev1
Director - Future Urban 6 March 2018
Section 9 of the Mining Act 1971 addresses ‘Exempt land’ which in essence states buffer distances for
certain types of land, e.g. 400 m for residential land. Mining activities are not permitted to within the exempt
distances unless a waiver is granted. The Minerals Regulatory Guidelines MG4: Landowner rights and
access arrangements in relation to mineral exploration and mining in South Australia, V2.2 (DSD, 2014)1,
these offset distances apply from “the closest point of the proposed mining operations, rather than the
boundary of the licence or lease”. The Environment Protection Authority guideline ‘Evaluation distances for
effective air quality and noise management’ (EPA, 2016) does not specify minimum evaluation or separation
distances for extractive industries stating that ‘individual assessment’ is applicable to these activities taking
account of the various activities that occur on the polluting site and their potential for adverse impacts on
sensitive receptors.
The closest existing residential properties along George Francis Drive are estimated to be less than
30 m east of the EML 5521 boundary and around 60 m east of the existing active area of operations on
EML 5521 (based on visually disturbed land).
The existing residential properties along the southern part of George Francis Drive are estimated to be
around 200 m away from the boundary of EML 5521 and around 300 m east of EML 6450/ML 6451
boundary.
The new development would place the closest residential allotments (marked ‘2003’ on the Proposed
Plan of Division) with respect to these activities (based on the current visually disturbed land within the
EML 5521) around 280 m away, and around 100 m from the EML 5521 southern boundary close to
which Stage 2 mining activities will occur. Figure 13 Quarry Development Plan – Stage 2 in the PEPR
and Figure 9 of the MLP indicate that Stage 2 of the quarry operations would occur in the south eastern
portion of EML 5521 (Attachment 6).
According to the MLP, the Mt Compass Sand & Loam sand mine subject to EML 5521 has been
continuously mined for sand for over 25 years with tenement EML 5199 granted in 1984, EML 5521 in 1988
and EML 6450 in 2015. Although some mining activities and approvals may have preceded the housing
immediately east of the mine site in the northern section of George Francis Drive, the PEPR does not
describe a waiver for existing residential properties along the southern portion of George Francis Road that
appeared in historical aerial photography around 2007 and which would have been present within the
applicable ‘Exempt land’ distance at the time of approval for EML 6450 in 2015. The Exempt land distances
also apply to existing residences at the time of approval, rather than in the future.
You have also advised that the Council Assessment Panel was concerned that future mining could be
undertaken further south of current activities, presumably meaning outside of any existing tenements. This
would be within the Exempt land buffer distance and hence we assume would require a waiver to be agreed
for any new mining development in that area. We are not aware of any existing Mineral Claims in that area.
As such it appears that the concerns of the DSD and the Council Assessment Panel relating to incompatible
land uses are in relation to the potential impacts that may occur with future mining activity in this Southern
portion of the EML and that activities will continue into the foreseeable future for another perhaps 20-30
years (noting the PEPR states an estimated reserve life of 37 years and the term of the ML 6451 dated 2015
is 21 years). Although it is not referred to in the DSD letter, the DSD may also be providing such objections
in the context of the mining activities being defined as a ‘Strategic Mineral Resource Area’.
Strategic Mineral Resource Areas
The Mount Compass sand mine tenements EML 5521 and 5199 are noted as ‘Strategic extractive quarries
in the Greater Adelaide region’ in Table 1 of the July 2015 DSD document entitled ‘Identification of strategic
mineral resource areas in South Australia’2. This is part of the DSD and Department of Planning, Transport
and Infrastructure’s Resource Area Management and Planning (RAMP) project aiming to maintain access to
long-life valuable extractive resources and minimise potential conflicts between incompatible land uses.
1 Available, http://minerals.statedevelopment.sa.gov.au/__data/assets/pdf_file/0004/234247/MRGMG4.pdf
2 Available via, http://minerals.statedevelopment.sa.gov.au/land_access/planning_and_development; https://sarigbasis.pir.sa.gov.au/WebtopEw/ws/samref/sarig1/image/DDD/RB201500017.pdf
Chris Vounasis P1781347-002-L-Rev1
Director - Future Urban 6 March 2018
A Strategic Mineral Resource Area is defined in that document as ‘an area within the Greater Adelaide
region or near a major regional centre … that is of key economic value to South Australia due to the quantity
or quality of construction materials or mineral resources that are extracted or contained within that area …
currently experiencing urban encroachment or incompatible development interface issues, or is likely to be
experiencing such issues in the near future’. This document refers to the mining and resources policy of the
30-Year Plan for Greater Adelaide and states that it is ‘the Government’s intent to ‘maintain access to known
mineral deposits and minimise potential land-use conflicts between incompatible uses, particularly
residential’ and to ‘preserve appropriate separation distances between mining and residential areas and
other incompatible developments’. It further states that ‘Once identified, the Government of South Australia
will work with local governments and industry members, on an individual basis, to ensure the impacts of
quarrying and mining are minimised and the long-term future of the resource is enhanced and protected’.
The document acknowledges that buffers would ‘ideally be included within the boundaries of the approved
quarries and mines, and appropriate controls are implemented to manage air and noise emissions from the
site’.
The Mount Compass sand mine sites and existing EML 5521 as noted in this letter does not include any
such internal buffer nor an external buffer from the EML boundary to existing residential development to the
east (<50 m), nor to the south, close to which Stage 2 activities are proposed (estimated ~200 m). Although
not a ‘Statutory’ compliance document it is assumed that it may be through this mechanism of identification
of Strategic Mineral Resource Area that the DSD may object to try and limit encroachment of urban
development close to existing mining activities. Notwithstanding, the proposed land division is located at a
greater distance from the EML than existing residential development.
Regulatory requirements
The DSD letter raises issues in relation to the potential for operation of the leases under approved programs
(PEPRs) and the potential for the proposed land division to be impacted due to the mining operations
(primarily by dust, noise and visual amenity). Such activities inherently produce emissions and consideration
to this may be valid when making decisions regarding development close to these activities. However Golder
notes that the approvals that exist for these activities place obligations on the operators to implement
measures to prevent unacceptable offsite impacts (noting the challenges this presents in cases where the
buffer land is located beyond the tenement boundary). Such obligations are stated within both the
Environmental Outcomes and Associated Criteria and Strategies required under the Mining Regulations
2011 and the licence under the Environment Protection Act 1993.
Golder understands that the proposal involves additional landscaping along the western boundary and
fencing along the northern boundaries (2 m high) of the northern most allotments to assist in mitigating dust
impacts. In our opinion, these measures are considered appropriate and could be further improved with
supplementary landscaping along the northern boundary.
Wastewater treatment
The Alexandrina Council also conducts community wastewater treatment system activities subject to EPA
licence 50110 on CT6128/338, with the lagoon located immediately west of EML 5521 (Attachment 8). The
lagoon appears to be the subject of a waiver for Exempt according to the PEPR, but does not refer to
residences (Attachment 9). The 2011 census states a population for Mount Compass as 1042. The
applicable recommended evaluation distances for mechanical wastewater treatment plants servicing 1,000-
5,000 people is 200 m and for non-mechanical treatment lagoons is 350 m. The wastewater treatment
activities are estimated to be around 280 m as measured to the boundary and around 350 m northwest as
measured to the lagoon from the western extent of the proposed land division allotment marked ‘38’ on the
Proposed Plan of Division. The proposed land division appears to be outside the recommended buffer
distances.
Chris Vounasis P1781347-002-L-Rev1
Director - Future Urban 6 March 2018
Conclusion
The following key points are noted in relation to the above information:
The closest mining activity to the proposed land division is on EML 5521.
▪ There is existing residential land close to the eastern boundary of the Sand & Loam mine site
activities on EML 5521 (within 50 m) and to the south (around 200 m away).
▪ The western extent of the proposed land division would be around 300 m from the EML 6450
boundary. The future Stage 2 activities will be around 100 m from the EML 5521 southern
boundary.
▪ These are within the Exempt land distances for residential land (400 m) as provided for by Section 9
of the Mining Act 1971. The Exempt land distances apply to active areas, not the EML boundary.
No waiver is known to exist for this existing residential land; however it is likely that given the EML 5521
was approved in 1988, this preceded residential development and some form of existing use right may
therefore have applied. The EML 6450 and ML 6451 however were only approved in 2015/2016.
With respect to future mining south of existing mineral leases, there does not appear to be any existing
mineral claim or appropriate zoning apparent. The DSD is not a land developer and there are no known
mineral claims applicable to that land south of EML 5521.
Although the DSD provided comments on the proposed development, the legal status of opposition to
the land division is not clear. The DSD has however designated the Mount Compass EML 5521 as a
Strategic Mineral Resource Area as part of the joint DSD/DPTI RAMP project and wish to work with
local government to protect the asset from encroachment by incompatible land uses and support
affordable construction materials. The document, as per its title, is strategic in nature and does not
appear to have reference to legal head powers.
The DSD raises concerns in relation to the potential impacts on future development, stating the
proposed use is incompatible given the potential for adverse offsite impacts. As DSD notes in its letter,
operators are required to take all reasonable and practicable measures to manage potential impacts.
There are legal obligations in this regard under the existing PEPR and EPA licence.
The proposed land division also assists in mitigating dust impacts through its separation distance (i.e.
greater than existing residential development), fencing and landscaping.
The proposed land division is located outside the recommended setbacks from the wastewater
treatment activities.
Accordingly, we have formed the opinion that the proposed land division responds positively to the relevant
reasons for deferral.
Chris Vounasis P1781347-002-L-Rev1
Director - Future Urban 6 March 2018
Closure
We trust this review assists in your consideration of issues raised by the DSD letter and some key relevant
planning and regulatory matters related to the prosed land division and surrounding mining activities. If you
have any questions, or require additional information, please contact the undersigned on (08) 8213 2100.
Important Information
Your attention is drawn to the document – “Important Information”, which is included in Attachment 10 of this
report. The statements presented in this document are intended to advise you of what your realistic
expectations of this report should be. The document is not intended to reduce the level of responsibility
accepted by Golder Associates, but rather to ensure that all parties who may rely on this report are aware of
the responsibilities each assumes in so doing.
Yours sincerely
GOLDER ASSOCIATES PTY LTD
Amanda Lewis Lissa van Camp Senior Environmental Scientist Principal Consultant - Environment Team Leader AL/LVC/gp
Attachments: Attachment 1 – DSD letter
Attachment 2 – Certificate of Title 6201/29 and Property Location Browser Report CT6201/29 – the land division site Attachment 3 – Alexandrina Council Development Plan – Zones Attachment 4 – Alexandrina Council Development Plan – Golf Course Concept Plan and Policy Area 20 Attachment 5 – Extractive Mineral Leases, Mineral Lease and Mining Claims Attachment 6 – Property Location Browser Report CT6185/591 – mine sites Attachment 7 – Figure 13 PEPR and Figure 9 MLP – Stage 2 Quarry Development Plan Attachment 8 – Property Location Browser Report CT6128/338 – wastewater treatment site Attachment 9 – Waiver for Exempt land for ML6451 Attachment 10 – Important Information
c:\users\gpilkington\appdata\local\microsoft\windows\temporary internet files\content.outlook\fwvq973z\p1781347-002-l-rev1.docx
Certificate of TitleTitle Reference CT 6201/29
Status CURRENT
Easement YES
Owner Number 71029767
Address for Notices POST OFFICE BOX 752, KENT TOWN DC, SA 5071
Area 71.87HA (CALCULATED)
Estate TypeFee Simple
Registered ProprietorCAPITOLINE PROPERTY PTY. LTD. (ACN: 125 228 266)
OF PO BOX 752 KENT TOWN DC SA 5071
Description of LandALLOTMENT 1000 DEPOSITED PLAN 116982IN THE AREA NAMED MOUNT COMPASSHUNDRED OF NANGKITA
Last Sale DetailsThere are no sales details recorded for this property
ConstraintsEncumbrances
Dealing Type Dealing Number Beneficiary
MORTGAGE 12652775 POLICE CREDIT UNION LTD. (ACN:087 651 205)
Stoppers
NIL
Valuation Numbers
Valuation Number Status Property Location Address
455184323* PROPOSED CURRENT Lot 51 GEORGE FRANCIS DRIVE,MOUNT COMPASS, SA 5210
NotationsDealings Affecting Title
NIL
Notations on Plan
Product Title Details
Date/Time 18/01/2018 01:57PM
Customer Reference P1781347
Order ID 20180118006907
Cost $10.00
Land Services Page 1 of 2
Copyright Privacy Disclaimer: www.sailis.sa.gov.au/home/showCopyright www.sailis.sa.gov.au/home/showPrivacyStatement www.sailis.sa.gov.au/home/showDisclaimer
NIL
Registrar-General's Notes
NIL
Administrative Interests
NIL
Product Title Details
Date/Time 18/01/2018 01:57PM
Customer Reference P1781347
Order ID 20180118006907
Cost $10.00
Land Services Page 2 of 2
Copyright Privacy Disclaimer: www.sailis.sa.gov.au/home/showCopyright www.sailis.sa.gov.au/home/showPrivacyStatement www.sailis.sa.gov.au/home/showDisclaimer
Property Location Browser Report Parcel Details The Property Location Browser is available on the Land Services Website: www.sa.gov.au/landservices
Date Created: January 18, 2018
The information provided above,
is not represented to be accurate,
current or complete at the time of
printing this report.
The Government of South Australia
accepts no liability for the use of this
data, or any reliance placed on it.
This report and its contents are
(c) copyright Government of South Australia.
Land Services
Scale ≈ 1:9983 (on A4 page)
500 metres ≈
Address Details
Unit Number:
Street Number:
Street Name: GEORGE FRANCIS
Street Type: DR
Suburb: MOUNT COMPASS
Postcode: 5210
Property Details:
Council: ALEXANDRINA COUNCIL
State Electorate: FINNISS
Federal Electorate: Mayo
Hundred: NANGKITA
Valuation Number: 455184323*
Title Reference: CT6201/29
Plan No. Parcel No.: D116982A1000
N ▲
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A B C D E
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OBJECTIVES
DESIRED CHARACTER
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PRINCIPLES OF DEVELOPMENT CONTROL
Land Use
Form and Character
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Land Division
SARIG Map - Mineral leases
January 18, 2018
0 0.5 10.25 mi
0 0.8 1.60.4 km
1:30,000
Publ is hed by, and with the authori ty of, the Governm ent of S outh A us tra lia. Basem ap Attribution,Location SA , Governm ent o f S outh A us tra lia and E SRI
Discla im er : A lthough every effort has been m ade to ens ur e the accuracy of the in form ationdisp layed, the Department, i ts agents, offic er s and employ ees m ak e no repr es entations , e itherex pres s or im plied, that the inform ation d is p layed is acc ur ate or fit for any purpose andex pres sly disc la im s a ll liabi li ty for loss or dam age aris ing from re l iance upon the in formationdisp layed. h ttp ://m inera ls.s ta tedev elopm ent.sa.gov.au/d is claimer
Property Location Browser Report Parcel Details The Property Location Browser is available on the Land Services Website: www.sa.gov.au/landservices
Date Created: January 18, 2018
The information provided above,
is not represented to be accurate,
current or complete at the time of
printing this report.
The Government of South Australia
accepts no liability for the use of this
data, or any reliance placed on it.
This report and its contents are
(c) copyright Government of South Australia.
Land Services
Scale ≈ 1:15531 (on A4 page)
1000 metres ≈
Address Details
Unit Number:
Street Number: 95
Street Name: SAND MINE
Street Type: RD
Suburb: MOUNT COMPASS
Postcode: 5210
Property Details:
Council: ALEXANDRINA COUNCIL
State Electorate: FINNISS
Federal Electorate: Mayo
Hundred: NANGKITA
Valuation Number: 4551799849
Title Reference: CT6185/591
Plan No. Parcel No.: D96001A300
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Property Location Browser Report Parcel Details The Property Location Browser is available on the Land Services Website: www.sa.gov.au/landservices
Date Created: January 23, 2018
The information provided above,
is not represented to be accurate,
current or complete at the time of
printing this report.
The Government of South Australia
accepts no liability for the use of this
data, or any reliance placed on it.
This report and its contents are
(c) copyright Government of South Australia.
Land Services
Scale ≈ 1:8000 (on A4 page)
250 metres ≈
Address Details
Unit Number:
Street Number:
Street Name: SAND MINE
Street Type: RD
Suburb: MOUNT COMPASS
Postcode: 5210
Property Details:
Council: ALEXANDRINA COUNCIL
State Electorate: FINNISS
Federal Electorate: Mayo
Hundred: NANGKITA
Valuation Number: 4553092951
Title Reference: CT6128/338
Plan No. Parcel No.: D92504A337
N ▲
Resources Environment Planning Laboratories www.groundwork.com.au
PROGRAM FOR ENVIRONMENTPROTECTION AND REHABILITATION (PEPR)INCLUDING EXTRACTIVE MINERAL LEASES (EML) 5199, 6450, 5521 ANDMINERAL LEASE (ML) 6451
Prepared for:Mt Compass Sand & Loam
Date:September 2016
Reference:1841.400.001v2
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