Various extractive industries operate within the Town of Kwinana. These provide an important supply of local and regional resources, and also provide raw materials to some industries operating within the nearby Kwinana Industrial Area. Extractive industries require both planning approval and an operating licence from the Town of Kwinana. Planning approvals are usually granted for a period of five years, while operating licences are issued annually. An operating licence can only be issued where a current planning approval exists.
The following details are required to be supplied by the proponent, in plan and written form, to assist Town of Kwinana staff in assessing a proposed extractive industry.
1. Three copies of a plan of the excavation site to a scale of between 1:500 and 1:2000 showing:
a) The existing and proposed land contours based on the Australian Height Datum and plotted at 1 metre contour intervals;
b) The land on which the excavation site is to be located;
c) The external surface dimensions of the land;
d) The location and depth of the existing and proposed excavation of the land;
e) The location of existing and proposed thoroughfares or other means of vehicle access to and egress form the land and to public thoroughfares in the vicinity of the land;
f) The location of buildings, treatment plant, tanks and other improvement and developments existing on, approved for or proposed in respect of the land;
g) The location of existing power lines, telephone cables and any associated poles or pylons, sewers, pipelines, reserves, bridges, railway lines and registered grants of easement of other encumbrances over, on, under or adjacent to or in the vicinity of the land;
h) The location of all existing dams, watercourses, drains or sumps on or adjacent to the land;
i) The location and description of existing and proposed fences, gates and warning signs around the land;
j) The location of areas proposed to be used for stockpiling excavated material, treated material, overburden and soil storage on the land and elsewhere.
2. Three copies of a works and excavation programme containing:
a) The nature and estimated duration of the proposed excavation for which the licence is applied;
b) The stages and the timing of the stages in which it is proposed to carry out the excavation;
c) Details of the methods to be employed in the proposed excavation and a description of any on-site processing works;
d) Details of the depth and extent of the existing and proposed excavation of the site;
e) An estimate of the depth of and description for the nature and quantity of the overburden to be removed;
f) A description of the methods by which existing vegetation is to be cleared and topsoil and overburden removed or stockpiled;
g) A description of the means of access to the excavation site and the types of thoroughfares to be constructed;
3. Three copies of rehabilitation and decommissioning programme indicating:
a) The objectives of the programme, having due regard to the nature of the surrounding area and the proposed end use of the excavation site;
b) Whether restoration and reinstatement of the excavation site is to be undertaken progressively or upon completion of excavation operations;
c) How any face is to be made safe and batters sloped;
d) The method by which topsoil is to be replaced and revegetated;
e) The numbers and types of trees and shrubs to be planted and other landscaping features to be developed;
f) How rehabilitated areas are to be maintained;
g) The programme for the removal of buildings, plant, waste and final site clean up.
4. Evidence that a datum peg has been established on the land related to a point approved by the local government on the surface of a constructed public thoroughfare or such other land in the vicinity.
5. A certificate from a licensed surveyor certifying the correctness of:
a) The site plan referred to in point no. 1;
b) The datum peg and related point referred to in point no. 4.
6. Evidence that the requirements of advertising the proposal have been carried out.
7. Copies of all land use planning approvals required under any planning legislation.
8. The consent in writing to the application from the owner of the excavation site.
9. Evidence that a notice of clearing has been given under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.
10. Any other information that the local government may reasonably require.
11. The licence application fee specified by the local government from time to time.
Advertising a proposal
A person seeking the issue of a licence must, before applying to the local government for a licence:
a) Advise in writing every authority or person having control or jurisdiction of land within 500 metres from the boundary of the land of the proposal. They should be advised that they have 21 days to object or make representations in writing to the Council regarding the proposed extraction;
b) Forward a copy of the notice sent to adjoining land owners and authorities to Council;
c) Publish the notice in a local newspaper circulating in the area in which the proposed excavation is located. Council may within 14 days after receiving a copy of a notice require the applicant to display a sign on the proposed excavation site, inviting objections or comments within 21 days from placement of the notice.
Council's Extractive Industry Local Law has a standard format that must be followed when notifying adjoining land owners and authorities. A full copy of the Local Law can be obtained by clicking here.
Annual licence fee
The payment of an annual licence fee must be made to Council on or before 30 June in each year. This current amount is $1200 PLUS 0.85 cents per tonne per kilometre travelled on Town of Kwinana local roads (i.e. roads not under control of Main Roads Western Australia). Heavy vehicle usage within the Town of Kwinana also attracts an Annual Concessional Loading Permit amount of $7260.
Renewal of licence
When renewing a licence for an extractive industry, the licensee must apply in writing to Council at least 45 days before the expiry of the licence. The licensee must submit with the application for renewal:
a) The fee determined by the local government from time to time;
b) A copy of the current licence;
c) A plan showing the contour of the excavation carried out to the date of that application;
d) Details of the works, excavation and rehabilitation stages reached and of any changes or proposed changes with respect to any of the things referred to in points 1, 2 and 3 of this information note;
e) Any other things referred to in the Local Law.
An extractive industry licence application can be considered concurrently with the planning application, but shall be subject to planning approval being obtained first.
