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That Council:
1. APPROVE the development application (ref: P20079) to conduct an Industry – Extractive at Lot 13 (324) Horton Road, Woottating in accordance with the provisions of the Shire of Northam Local Planning Scheme No. 6, subject to the following conditions:
1.1. The development hereby permitted must substantially commence within two years from the date of determination.
1.2. This development approval is valid for a period of five (5) years from the date of the issue of the Extractive Industry Licence with an option to extend for a further five (5) years with prior local government approval.
1.3. Development may be carried out only in accordance with the details of the application as approved herein and the approved Environmental Management Plan.
1.4. Hours of operation of the extractive industry shall be limited to Monday to Friday 7:00 am to 6:00 pm and Saturdays 7:00 am to 12 noon. No works is permitted outside these hours or on public holidays without the prior approval of the local government.
1.5. The approved Environmental Management Plan shall be implemented for the duration of the extractive industry to the satisfaction of the local government.
1.6. Vehicular access to and from the extractive industry hereby permitted shall be via the Great Eastern Highway only. There is to be no direct vehicular access from the Great Southern Highway to the extractive industry hereby permitted.
1.7. All car parking/loading areas, and vehicle access and circulation areas are to be maintained and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the local government.
1.8. Prior to the commencement of any works, a detailed survey plan, including contours, shall be prepared by a suitably qualified person and submitted to the local government to establish baseline data for the subsequent annual reporting.
1.9. Prior to the commencement of any works, the approved extraction area is to be clearly demarcated onsite to the approval of the local government and approved markers indicating the extent of the area are to remain in place for the duration of the operations.
1.10. Prior to the commencement of any works, a Bushfire Management Plan shall be prepared by a suitably qualified person and submitted to the local government for approval.
1.11. Prior to the commencement of any works, the recommendations in the approved Bushfire Management Plan shall be implemented to the satisfaction of the local government.
1.12. Prior to the commencement of any works, measures shall be taken to ensure that vegetation worthy of retention is identified and protected during works to the satisfaction of the local government.
1.13.Prior to the commencement of any works, the Applicant shall establish a rehabilitation bond of $42,700.00 and such bond, security or bank guarantee to be unconditional (no expiry date) in favour of the Shire of Northam.
1.14. A road maintenance contribution of 50 cents per tonne for the contribution to the maintenance of Horton Road shall be paid annually.
1.15. Should any complaints be received (e.g. noise or vibration), the Applicant is to employ suitably qualified personnel to prepare an assessment to recommend mitigation strategies, which shall be submitted to the local government for approval prior to implementation.
1.16. Prior to the commencement of any works, the Applicant shall submit evidence that consultation with the Shire of Mundaring has occurred in regards to the use of Carter Road as part of the approval haulage route.
1.17. The truck movements being restricted to a maximum of 8 laden truck movements per day, averaged over 22 working days per month.
2. Delegate authority to the Chief Executive Officer to issue the Extractive Industry Licence to B & J Catalano to operate an extractive industry at Lot 13 (324) Horton Road, Woottating, subject to the following conditions:
2.1. The extractive industry licence is valid for a period of five (5) years from the date of the issue of the Extractive Industry Licence with an option to extend for a further five (5) years with prior local government approval.
2.2. Development may be carried out only in accordance with the details of the application as approved herein, the approved Environmental Management Plan and the Shire of Northam Extractive Industries Amendment Local Law 2018.
2.3. Hours of operation of the extractive industry shall be limited to Monday to Friday 7:00 am to 6:00 pm and Saturdays 7:00 am to 12 noon. No works is permitted outside these hours or on public holidays without the prior approval of the local government.
2.4. The approved Environmental Management Plan shall be implemented for the duration of the extractive industry to the satisfaction of the local government.
2.5. Vehicular access to and from the extractive industry hereby permitted shall be via the Great Eastern Highway only. There is to be no direct vehicular access from the Great Southern Highway to the extractive industry hereby permitted.
2.6. All car parking/loading areas, and vehicle access and circulation areas are to be maintained and available for car parking/loading, and vehicle access and circulation on an ongoing basis to the satisfaction of the local government.
2.7. Prior to the commencement of any works, a detailed survey plan, including contours, shall be prepared by a suitably qualified person and submitted to the local government to establish baseline data for the subsequent annual reporting.
2.8. Prior to the commencement of any works, the approved extraction area is to be clearly demarcated onsite to the approval of the local government and approved markers indicating the extent of the area are to remain in place for the duration of the operations.
2.9. Prior to the commencement of any works, a Bushfire Management Plan shall be prepared by a suitably qualified person and submitted to the local government for approval.
2.10. Prior to the commencement of any works, the recommendations in the approved Bushfire Management Plan shall be implemented to the satisfaction of the local government.
2.11. Prior to the commencement of any works, measures shall be taken to ensure that vegetation worthy of retention is identified and protected during works to the satisfaction of the local government.
2.12.Prior to the commencement of any works, the Licensee shall establish a rehabilitation bond of $42,700.00 and such bond, security or bank guarantee to be unconditional (no expiry date) in favour of the Shire of Northam.
2.13. The Licensee shall pay a road maintenance contribution of 50 cents per tonne for the contribution to the maintenance of Horton Road.
2.14. Should any complaints be received (e.g. noise or vibration), the Licensee is to employ suitably qualified personnel to prepare an assessment to recommend mitigation strategies, which shall be submitted to the local government for approval prior to implementation.
2.15. Prior to the commencement of any works, the Licensee shall submit evidence that consultation with the Shire of Mundaring has occurred in regards to the use of Carter Road as part of the approval haulage route.
2.16.The licensee shall have at all times a current public liability insurance policy taken out in the joint names of the licensee and the local government indemnifying the licensee and the local government for a sum of not less than $10,000,000 in respect of any one claim relating to any of the excavation operations.
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