tsk tsk tsk tsk ,.....and now another amendment referral...lets...

tsk tsk tsk tsk ,.....and now another amendment referral...lets hope this kind fo thing is normal

Mardie Minerals Pty Ltd (Mardie Minerals; a wholly owned subsidiary of BCI Minerals Limited) is seeking to increase the clearing limit for Triodia grassland habitat within the Optimised Mardie Project (OMP) development envelope approved under EPBC 2022/9169 (Proposed Action). The Proposed Action is shown in Figure 1 of Att1_Figures.

The Mardie Project (approved under EPBC 2018/8236 and EPBC 2022/9169) is a high-quality salt, sulphate of potash, and other sea water derived products project and associated export facility in Mardie, approximately 80 kilometres (km) southwest of Karratha, in the Pilbara region of Western Australia. The Mardie Project was referred to the Department of Climate CHange, Energy, the Environment and Water (DCCEEW) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act; Cth) and to the Environmental Protection Authority (EPA) under the Environmental Protection Act 1986 (WA; EP Act) in two stages: the Original Mardie Project (DFS) and the OMP.

The DFS was referred in 2018 and was granted approval under the EPBC Act via EPBC 2018/8236 in January 2022. Condition 1(a) of EPBC 2018/8236 stated:

1. To minimise impacts to protected matters, the approval holder must not clear or impact within the development envelope more than:

a. 2,562 hectares of Triodia grassland habitat.

The OMP was referred in 2022 as a significant amendment to the DFS, due to the inclusion of a higher production rate, additional concentrator and crystalliser pond areas, secondary seawater intake, quarry, and port laydown area, facilitated by additional Mining Act 1978 (Mining Act; WA) tenure secured by Mardie Minerals. The OMP featured a redesign of the disturbance footprint, resulting in a reduction of impacts to Triodia grassland habitat within the DFS development envelope. The OMP was referred to the EPA and DCCEEW as an amendment to the DFS. The EPA assessed the OMP as an amendment that replaced the DFS and was approved through Ministerial Statement (MS) 1211, superseding MS1175 which was issued for the DFS. MS1211 therefore encapsulates the entirety of the Mardie Project (including OMP and DFS), using a consolidated development envelope.

DCCEEW, however, took a different approach, assessing the OMP as a separate ‘add-on’ to the DFS, with a separate distinct development envelope.

The OMP EPBC referral outlined that the OMP design would impact an additional 342 ha of ‘good’ to ‘excellent’ condition Triodia grassland habitat across the new broader development envelope. This clearing estimate included a decreased impact within the original DFS development envelope through refinement of the project design (Refer to Figure 4 of the OMP Response to Submissions (Preston Consulting, 2023), which has been included as Figure 2 of Att1_Figures). This reduction in clearing counterbalanced a large proportion of the ‘good’ to ‘excellent’ condition Triodia grassland habitat clearing that was required to be cleared within the OMP development envelope.

The OMP was granted approval under the EPBC Act via EPBC 2022/9169 in September 2024. Condition 2(a) states:

2. Within the Optimised Mardie development envelope, the approval holder must not clear more than:

(a) 342 hectares (ha) of Triodia grassland habitat (inclusive of no more than 98 AcajTe habitat)

Triodia grassland habitat is defined within the OMP development envelope as encapsulating the areas mapped in Attachments 2a and 2b of EPBC 2022/9169. Attachment 2a shows the OMP development envelope, and has been included as Figure 3 of Att1_Figures.

Condition 2(a) of EPBC 2022/9169 therefore does not take into account that there was additional Triodia grassland habitat clearing within the OMP development envelope that was counterbalanced by reductions in the DFS development envelope. As the OMP referral was assessed by DCCEEW as a stand-alone referral, then the full extent of ‘good’ to ‘excellent’ condition Triodia grassland habitat clearing within the OMP development envelope (758 ha) should have been included in the condition.

This is evident when reviewing the extent of impacts to Triodia grassland habitat within EPBC 2022/9169 (refer to Attachments 2a and 2b), which show the disturbance footprint impacting a larger area of Triodia grassland habitat than what is permitted by Condition 2(a).

This Proposed Action is to ensure that the ‘good’ to ‘excellent’ condition Triodia grassland habitat clearing limit allows the current OMP indicative design approved under EPBC 2022/9169 to be implemented as shown in Attachments 2a and 2b of EPBC 2022/9169 (Refer to Figure 3 of Att1_Figures). The Proposed Action is therefore to increase ‘good’ to ‘excellent’ condition Triodia grassland habitat clearing within the OMP development envelope by 476 ha, inclusive of a 9% contingency to allow for potential future changes in the OMP indicative design footprint.

This referral does not require any other changes to the OMP. The OMP indicative design and all other clearing limits do not require amendment.