Very likely the Minister will sign off on Enhanced Mardie with following conditions.
We recommend the appeal is allowed to the extent the Minister varies the EPA’s
recommended conditions as follows:
1. Condition B3-1 be amended to:
a. Add to condition B3-1 a limit of 195.2 ha to the area of algal mat that may
experience decreased freshwater inundation attributable to the project
b. For condition B3-1(5) amend the permitted area of coastal samphire experiencing
decreased freshwater inundation to 40.2 ha (from 52 ha)
c. For condition B3-1(6) update the mangrove area to 1.8 ha (within the Robe River
Delta Mangrove Management Area)
d. For condition B3-1(7) update the mangrove area to 4.8 ha (outside the Robe
River Delta Mangrove Management Area).
2. Condition B10-1 be amended to:
a. refer to Project B once by deleting condition B10-1(4)
b. reference Project C(i) in condition B10-1(3) instead of Project C(ii)
c. reference Project D in condition B10-1(6) instead of Project C(ii)
3. Condition B10-2 is amended to include Project D.
4. Condition B10-4 is amended to include Project D.
It is otherwise recommended that the appeal be dismissed. The final decision on whether the
proposal may be implemented, and the conditions which apply to any such implementation,
is a matter for the Minister and key decision-making authorities to consider under section
45(3) of the EP Act.
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