* UPDATE: In November, 2019, Cleanaway withdrew its application to DWER regarding storage of lithium tailings at Lot 2 Banksia Road.
How long has Cleanaway operated at Lot 2 Banksia Road?
The site has been operated since 1999. Cleanaway took over operations at the site in 2006.
What approvals do Cleanaway have at Lot 2 Banksia Road?
The Minister for Planning granted approval in 1999 for Class II Solid Waste Disposal Facility.
SAT granted approval in 2006 for a Class III landfill site.
Since 2006 there have been numerous Development Approvals granted by the Shire for Class III waste ‘cells’, stormwater and leachate ponds, internal infrastructure, and cells and ponds for Cristal tailings waste disposal.
The landfill is licenced by the Department of Water and Environmental Regulation (DWER) under the Environmental Protection Act 1986 (EP Act) – Licence Number L8904/2015/1 (L8904). The licence expires in 2034. The licence can be viewed or downloaded by following the link: Cleanaway DWER Licence
What wastes are Cleanaway currently able to accept?
The premises is licenced by DWER as a ‘Category 64’ and ‘Category 61’ premises. The Land Waste Classification and Waste Definitions 1996 (DWER landfill waste classifications ) provides detailed descriptions of the types of waste under the classifications, but the general permissions are listed below.
Category 64 – Class II or III putrescible landfill site:
- Clean Fill
- Type 1 Inert Waste
- Putrescible Wastes
- Contaminated solid waste meeting waste acceptance criteria specified for Class II or Class III landfills (possibly with specific licence conditions)
- Type 2 Inert Wastes (with specific licence conditions)
- Type 1 and Type 2 Special Wastes
- Cleanaway may accept up to 303,000 tonnes per annual period.
Category 61 -Liquid waste facility:
Premises on which liquid waste produced on other premises (other than sewerage waste) is stored, reprocessed, treated or irrigated.
- Cristal cells ‘CC1/MIC’ and ‘CC2’ contain Cristal’s pigment waste (waste slurry). This is waste from titanium dioxide processing.
- The associated Waste Pond will contain discharge from CC2, and temporarily from existing CC 1.
- Cleanaway may accept up to 353,000 tonnes per annual period (350,000T Cristal pigment slurry and 3,000T drill muds).
The Cleanaway site is not open to the public for waste disposal.
How much waste is Cleanaway able to accept?
The DWER licence allows Cleanaway to accept 303,000 tonnes per annum of Class III waste and 353,000 tonnes per annum of liquid waste.
What tailings are currently permitted to be accepted at the site?
The DWER licence and Development Approvals allow Cristal pigment waste (from titanium dioxide processing) to be accepted in the approved areas in the central and western part of the lot. The waste slurry is delivered by tankers and pumped into cell CC1/MIC. Cell CC2 will also be used when complete. Leachate from the cells is pumped back into tankers and returned to Cristal for re-use.
Will Cleanaway need to get Development Approval for any additional works?
Yes. There are no exemptions in the Shire’s Town Planning Scheme No.3 for works on this land under the General Farming Zone. Some works may also need approval under the Greater Bunbury Region Scheme (GBRS) for which the Shire has some delegation.
What authority is the environmental regulator?
Department of Water and Environmental Regulation (DWER) is the environmental regulator in Western Australia. The site is licenced and audited by DWER.
What licences do Cleanaway have from DWER?
Licence Number L8904/2015/1 (L8904) for a ‘Category 64’ and ‘Category 61’ premises. The licence expires in 2034. See Cleanaway DWER Licence
What monitoring of the site does DWER require?
The licence requires the following to be monitored and reported on:
- Waste inputs and outputs
- Landfill gas
Cleanaway must submit an ‘Annual Audit Report’ and an ‘Annual Environmental Report’ to DWER by the end of March each year.
What is the DAP or JDAP?
The Development Assessment Panel (DAP) is an independent decision-making body, which comprises of technical experts (three panel members) as well as two Councillors from the local government. Outside the metro area they are called Joint Development Assessment Panels (JDAP).
The JDAP is simply a decision making body that stands in the shoes of the local government in making certain Development Application determinations.
For more information on DAP follow the link: DAPS FAQ
How can Cleanaway send an application to the JDAP?
For an application where the estimated value of the proposal is greater than $2M and less than $10M, the applicant can choose to have the proposal determined by JDAP. This is considered an Optional JDAP Application.
An application with an estimated value of $10M or higher must be determined by the JDAP. This is considered a Mandatory JDAP Application.
Will a JDAP application be advertised?
Yes. The assessment process is the same as if the application were to be determined by the Shire, including advertising and referring a proposal by the Shire. The only difference is that the JDAP ‘stands in the shoes’ of the Local Government in terms of making a determination.
What is the process for a JDAP application?
The process generally is as follows:
- The applicant will lodge both the Shire’s DA application form and fee and the JDAP form and fee, with the Shire.
- If GBRS approval is also required, the applicant will lodge the GBRS application form with the Shire as well.
- The Shire will provide the documents to the DAP along with some basic information regarding the site.
- The Shire will undertake its usual assessment of the proposal, including referrals and advertising, as it normally would for a Development Application.
- Following assessment, the Shire will provide a ‘Responsible Authority Report’ to JDAP, which details the Shire’s assessment and recommendation.
- The JDAP will invite the proponent and the assessing Planning Officer to a meeting, where it will discuss and determine the matter. Once the date of the meeting has been advised, the Shire will publish the details and the meeting agenda on its website, and notify any submitters. JDAP meetings are open to the public.
- The JDAP will determine the application as if it was the local government under the Shire’s planning scheme, and as if it was the WAPC under the Greater Bunbury Region Scheme (where applicable).
- The DAP FAQS (published by the Government of Western Australia) state that“It should be noted that a DAP application report is NOT a resolution of the relevant local government’s council – it is the professional opinion of the local government’s planning officer who assessed the application. It is improper for Councillors of a local government to influence the planning officer’s report in any way. If the local government wishes to make a statement regarding an application before a DAP, it should do so by making a submission”.
For more information on DAP procedures please follow the link: DAPS FAQ
Has the proposal been referred to the EPA?
Yes, the application made to DWER for a Works Approval with regards to the storing of Lithium Tailings at Lot 2 Banksia Road, was referred to the EPA. The EPA subsequently requested public comment on 15 May 2019. The public comment period has now closed.
The EPA will advise the Shire in writing whether it will assess the application.
Has the EPA assessed the proposal?
The EPA has advised its decision to “Not Assess” the Works Approval application. The Shire has lodged a written appeal on this decision.
Why doesn’t the Shire make Albemarle send the tailings back to the mine?
The Shire does not have any authority to direct the tailings to be taken to any place. The Shire can only assess an application for Development Approval (DA) that is submitted to the Shire, and either agrees to support the proposal or object to the proposal put forward in such an application.
What is the Dardanup Shire Council’s position on Cleanaway’s plans?
Statement by Shire President Mick Bennett to Council Meeeting on June 26, 2019:
I wish to say to the community as your elected community leader that I do believe that Council will not be supportive of the Lithium Tailings being stored at Banksia Road if it is found to pose adverse environmental or health risk to the community. I would also like to clarify that Council will continue to listen to all relevant issues and that future applications will need to be assessed and considered in more detail by the Environmental Protection Authority and through the Planning process it is likely to be considered by the JDAP.
How do I contact Cleanaway to discuss their proposal?
Cleanaway Facility Operations Manager
Ph: 0428 928 516
Cleanaway has also established the Dardanup Landfill Community Reference Group
• Cleanaway Regional Manager John Mulholland
• Cleanaway Site Operations Manager Sean Sibly
• Community Members
• Shire of Dardanup Staff
Meetings have so far been held twice, May and July.
Have an another question?
Please email email@example.com or phone Senior Planning Officer Suzanne Occhipinti on 9724 0359.
Previous website posts on this topic
July 12, 2019: EPA decision to “Not Assess”
June 26, 2019: Update: Cleanaway operations at Banksia Road
June 7, 2019: Shire fuels discussion on waste to energy
May 16, 2019: EPA seeks public input on Cleanaway proposal
April 19, 2019: Cleanaway withdraws applications
March 7, 2019: Proposed expansion of Dardanup Cleanaway site