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9.3.9 Extractive industry code

9.3.9.1 Application

(1) This code applies to assessing:
(a) operational works for extracting gravel, rock, sand or soil from the place where it occurs naturally which is assessable development if this code is an applicable code identified in the assessment criteria column of a table of assessment for operational work (section 5.8) or an overlay (section 5.10); or
(b) a material change of use if:
(i) assessable development where this code is an applicable code identified in the assessment criteria column of table of assessment for a material change of use (section 5.5) or a neighbourhood plan (section 5.9); or
(ii) impact assessable development for an extractive industry or a use of a similar nature.
(2) When using this code, reference should be made to section 1.5 and section 5.3.3.

Note—Where this code includes performance outcomes or acceptable outcomes that relate to:

9.3.9.2 Purpose

(1) The purpose of the Extractive industry code is to assess the suitability of development to which this code applies.
(2) The purpose of the code will be achieved through the following overall outcomes:
(a) Development facilitates the winning of economic extractive resources.
(b) Development minimises impacts to the natural environment, in relation to both on-site operations and off-site activities, especially those connected with haulage.
(c) Development provides adequately for ongoing site rehabilitation, habitat restoration and preparation for use after the development activity.

9.3.9.3 Assessment criteria

The following table identifies the assessment criteria for assessable development.

Table 9.3.9.3.A—Criteria for assessable development
Performance outcomes
Acceptable outcomes
PO1
Development ensures that the operation of the use and ongoing rehabilitation of the site is designed and implemented to:
(a) promote the efficient extraction of economic resources;
(b) protect ecological features, significant flora and fauna species and significant native vegetation;
(c) minimise potential adverse impacts on sensitive receiving environments and amenity to acceptable levels;
(d) rehabilitate the site during and after operations to provide a land form and environmental amenity appropriate to the context of the location and intended future land use;
(e) result in optimal future land use;
(f) minimise the production of waste products and where suitable, re-use waste products as part of the rehabilitation of the site.

Note—The preparation of reports detailing the following can assist in demonstrating achievement of this performance outcome:

  • an ecological assessment in accordance with the Biodiversity areas planning scheme policy;
  • survey drawings of the existing site and plans showing the proposed staging of extraction and rehabilitation and development in stages of on-site access, operational infrastructure, stockpiling areas, other storage and servicing areas and water management;
  • geological and geotechnical information about the resource, and description and evaluation of alternatives considered for the exploitation of the resource;
  • specification of all machinery, including vehicles, intended to be employed on the site;
  • an evaluation of the need for the development, including markets and proposed rates of extraction;
  • proposals including plans for progressive planting and site rehabilitation, including demonstration of visual impact over time;
  • proposed methods of removing material or refuse from the site;
  • an environmental management plan that addresses all issues relevant to the performance outcome.
AO1
No acceptable outcome is prescribed.
PO2
Development must achieve an acceptable standard of visual amenity, having regard to the characteristics of the site, the resource, rehabilitation and visual screening opportunities, quarry staging, design, the surrounding area and the desirable character of the locality.

Note—The preparation of reports detailing the following can assist in demonstrating achievement of this performance outcome:

  • plans and information about existing vegetation, specifying what is to be retained;
  • proposals for screening particular components of site operations, for example vehicle servicing;
  • proposals for bunding, planting and any other measures aimed at achieving acceptable visual amenity;
  • identification of all sensitive areas where the proposed development can be seen;
  • evaluation of the impact on visual amenity of the proposed development over its life.
AO2
No acceptable outcome is prescribed.
PO3
Development ensures that the use of the site minimises impacts to the natural environment, including ecological features and significant native vegetation.

Note—An ecological assessment report prepared in accordance with the Biodiversity areas planning scheme policy can assist in demonstrating achievement of this performance outcome.

AO3
No acceptable outcome is prescribed.
PO4
Development ensures that water from around and within the area of operation is managed so that it does not adversely affect the environmental values of groundwater and receiving surface waters.

Note—The preparation of reports detailing information as required by the Stormwater code as well as information on likely impacts on groundwater quality, can assist in demonstrating achievement of this performance outcome.

AO4
No acceptable outcome is prescribed.
PO5
Development, including for a haulage route (including key resource area transport routes identified on the Extractive resources overlay map):
(a) avoids or minimises air emissions;
(b) complies with the following criteria at a sensitive zone and at a sensitive use in a Rural zone:
(i) air quality (planning) criteria in Table 9.3.9.3.B.

Note—An air quality impact report prepared in accordance with the Air quality planning scheme policy can assist in demonstrating achievement of this performance outcome.

AO5
Development for an activity involving:
(a) blasting, drilling, crushing or screening, no acceptable outcome is prescribed;
(b) extraction, stockpiling, loading or unloading of resources, the site boundary is located at least 500m from a sensitive zone or a sensitive use in the Rural zone;
(c) transport of goods on paved or unpaved roads, the boundaries of designated transport routes are located at least 250m from sensitive zone or a sensitive use in the Rural zone.
PO6
Development, including for a haulage route (including key resource area transport routes identified on the Extractive resources overlay map), achieves the Noise (planning) criteria in Table 9.3.9.3.C, low frequency noise criteria in Table 9.3.9.3.D and night time noise criteria in Table 9.3.9.3.E at sensitive zones and at a sensitive use in the Rural zone.

Note—A noise impact assessment report prepared in accordance with the Noise impact assessment planning scheme policy can assist in demonstrating achievement of this performance outcome.

AO6

No acceptable outcome is prescribed.

PO7
Development achieves the ground borne vibration criteria in the following tables in a sensitive zone and at a sensitive use in the Rural zone:
(a) Table 9.3.9.3.F—Recommended intermittent vibration levels for cosmetic damage;
(b) Table 9.3.9.3.G—Recommended blasting vibration levels for human comfort;
(c) Table 9.3.9.3.H—Recommended levels for continuous and impulsive vibration acceleration for human comfort;
(d) Table 9.3.9.3.I—Recommended vibration dose values for intermittent vibration for human comfort.

Note—A vibration impact assessment report prepared in accordance with the Noise impact assessment planning scheme policy can assist in demonstrating achievement of this performance outcome.

AO7
Development does not cause ground borne vibration beyond the boundary of the site.
PO8
Development ensures that the operation is designed and constructed to ensure efficient on-site manoeuvring and adequate off-street parking.
AO8
No acceptable outcome is prescribed.
PO9
Development ensures that any hazard or risk is within acceptable limits.

Note—The preparation of reports detailing the following can assist in demonstrating achievement of this performance outcome:

  • public safety issues;
  • impacts of blasting;
  • pedestrian movement and safety;
  • subsidence of land;
  • restriction of access to the site.

Editor's note—Aspects of this PO relate to other legislation such as the Mining and Quarrying Safety and Health Act 1999.

AO9
No acceptable outcome is prescribed.
PO10
Development ensures that the transport of materials from the site minimises environmental, health and amenity impacts and does not reduce the operation of the major road network beyond acceptable limits.

Note—The preparation of reports detailing the following can assist in demonstrating achievement of this performance outcome:

  • assessment of all transport options, including rail, road, conveyor, pipeline and waterborne transport;
  • analysis of traffic movements predicted for the extractive industry;
  • standards of roads proposed to be used;
  • evaluation of alternative access possibilities;
  • impacts on the movement system, including maintenance and safety issues.
AO10
No acceptable outcome is prescribed.
Table 9.3.9.3.B—Air quality (planning) criteria
Pollutant
Averaging time
Health outcome protected
Criteria including background (µg/m3)
Criteria including background (ppm)
Nitrogen dioxide
1 hour
Health and wellbeing
250
0.12
Annual
Health and wellbeing
62
0.03
Sulfur dioxide
1 hour
Health and wellbeing
570
0.2
24 hours
Health and wellbeing
230
0.08
Annual
Health and wellbeing
57
0.02
Particulate matter (PM) as total suspended particulates (TSP)
Annual
Health and wellbeing
90
-
PM less than 10 µm (PM10)
24 hours
Health and wellbeing
50
-
PM less than 2.5 µm (PM2.5)
24 hours
Health and wellbeing
25
-
Annual
Health and wellbeing
8
-
Carbon monoxide
8 hour
Health and wellbeing
11,000
9
Dust deposition as insoluble solids
Annual
Protecting aesthetic environment
4 g/m2/month
-
1,3-butadiene
Annual
Health and wellbeing
2.4
0.001
Acetaldehyde
1 hour
Odour
42
0.023
Ammonia
1 hour
Health and wellbeing
330
0.46
Antimony and compounds
1 hour
Health and wellbeing
9
-
Arsenic and compounds (as total metal content in PM10)
1 hour
IARC Group 1 carcinogen (known human carcinogen)
0.09
-
Annual
Health and wellbeing
6 ng/m3
-
Benzene
Annual
Health and wellbeing
10
0.003
Benzo(a)pyrene (as marker for PAH)
Annual
Health and wellbeing
0.3 ng/m3
-
Beryllium and compounds
1 hour
IARC Group 1 carcinogen (known human carcinogen)
0.004
-
Cadmium and compounds (as total metal content in PM10)
Annual
Health and wellbeing
5 ng/m3
-
Carbon disulfide
1 hour
Odour
183
0.0055
24 hours
Health and wellbeing
110
0.032
Chromium III compounds
1 hour
Health and wellbeing
9
-
Chromium VI compounds
1 hour
IARC Group 1 carcinogen (known human carcinogen)
0.09
-
Copper dusts and mists
1 hour
Health and wellbeing
18
-
Copper fumes
1 hour
Health and wellbeing
3.7
-
Cumene (isopropyl benzene)
1 hour
Odour
21
0.004
Dioxins and furans (as TCDD TEF)
1 hour
IARC Group 1 carcinogen (known human carcinogen)
0.000002
-
Ethylbenzene
1 hour
Health and wellbeing
8,000
1.8
Formaldehyde
1 hour
Protecting aesthetic environment
96
0.07
24 hours
Health and wellbeing
54
0.04
Hydrogen chloride
1 hour
Health and wellbeing
140
0.09
Hydrogen cyanide
1 hour
USEPA extremely toxic
200
0.18
Hydrogen sulfide
24 hours
Health and wellbeing
160
0.11
1 hour
Odour
6.5
0.0043
Lead and compounds (as total metal content in TSP)
Annual
Health and wellbeing
0.5
-
Manganese and compounds (as total metal content in PM10)
Annual
Health and wellbeing
0.16
-
Mercury inorganic
1 hour
Health and wellbeing
1.8
-
Annual
Health and wellbeing
1.1
-
Mercury organic
1 hour
Health and wellbeing
0.18
-
Nickel and compounds (as total metal content in PM10)
Annual
Health and wellbeing
0.02
-
Sulfuric acid
1 hour
Health and wellbeing
18
-
Toluene
1 hour
Odour
958
0.23
24 hours
Health and wellbeing
4,100
1
Annual
Health and wellbeing
410
0.1
Vanadium and compounds (as total metal content in PM10)
24 hours
Health and wellbeing
1.1
-
Xylenes (as a total of ortho, meta and para isomers)
24 hours
Health and wellbeing
1,200
0.25
Annual
Health and wellbeing
950
0.2
Zinc chloride fumes
1 hour
Health and wellbeing
18
-
Zinc oxide fumes
1 hour
Health and wellbeing
90
-

Note—

Table 9.3.9.3.C—Noise (planning) criteria
Criteria location
Intrusive noise criteria
Day, evening and night LAeq,adj, T are not greater than the RBL plus the value in this column for the relevant criteria location, where T equals:
Day: 11hr
Evening: 4hr
Night: 9hr
Acoustic amenity criteria
Day, evening and night LAeq,adj, T are not greater than the values in the column below for the relevant time period and criteria location, where T equals:
Day: 11hr
Evening: 4hr
Night: 9hr
Day
Evening
Night
Low density residential zone boundary
3dB(A)
55dB(A)
45dB(A)
40dB(A)
Low–medium density residential zone boundary
3dB(A)
55dB(A)
45dB(A)
40dB(A)
Medium density residential zone boundary
3dB(A)
55dB(A)
50dB(A)
45dB(A)
High density residential zone boundary
3dB(A)
55dB(A)
50dB(A)
50dB(A)
Character residential zone boundary
3dB(A)
50dB(A)
45dB(A)
40dB(A)
Tourist accommodation zone boundary
3dB(A)
55dB(A)
50dB(A)
50dB(A)
At a sensitive use in Principal centre zone
5dB(A)
60dB(A)
55dB(A)
50dB(A)
At a sensitive use in Major centre zone
5dB(A)
60dB(A)
55dB(A)
50dB(A)
At a sensitive use in District centre zone
5dB(A)
60dB(A)
55dB(A)
50dB(A)
At a sensitive use in Neighbourhood centre zone
5dB(A)
55dB(A)
50dB(A)
50dB(A)
At a sensitive use in Specialised centre zone
5dB(A)
55dB(A)
50dB(A)
50dB(A)
Emerging community zone boundary
5dB(A)
55dB(A)
50dB(A)
45dB(A)
Environmental management zone boundary
0dB(A)
40dB(A)
40dB(A)
40dB(A)
Conservation zone boundary
0dB(A)
40dB(A)
40dB(A)
40dB(A)
At a sensitive use in Mixed use zone
5dB(A)
60dB(A)
55dB(A)
50dB(A)
At a sensitive use in Rural zone
5dB(A)
55dB(A)
50dB(A)
45dB(A)
At a sensitive use in Rural residential zone
5dB(A)
50dB(A)
45dB(A)
40dB(A)
At a sensitive use in Township zone
5dB(A)
55dB(A)
45dB(A)
40dB(A)

Note—

Table 9.3.9.3.D—Low frequency noise criteria
Criteria location
Day (7am–6pm) LCeq,adj,11hour is not greater than the following values at the relevant criteria location:
Evening (6pm–10pm) LCeq,adj,4hour is not greater than the following values at the relevant criteria location:
Night (10pm–7am) LCeq,adj,9hour is not greater than the following values at the relevant criteria location:
Low density residential zone boundary
65dB(C)
65dB(C)
60dB(C)
Low–medium density residential zone boundary
65dB(C)
65dB(C)
60dB(C)
Medium density residential zone boundary
65dB(C)
65dB(C)
60dB(C)
High density residential zone boundary
70dB(C)
65dB(C)
65dB(C)
Character residential zone boundary
65dB(C)
65dB(C)
60dB(C)
Tourist accommodation zone boundary
70dB(C)
65dB(C)
65dB(C)
At a sensitive use in Principal centre zone
75dB(C)
75dB(C)
70dB(C)
At a sensitive use in Major centre zone
75dB(C)
75dB(C)
70dB(C)
At a sensitive use in District centre zone
70dB(C)
65dB(C)
65dB(C)
At a sensitive use in Neighbourhood centre zone
70dB(C)
65dB(C)
65dB(C)
At a sensitive use in Specialised centre zone
75dB(C)
75dB(C)
70dB(C)
Emerging community zone boundary
65dB(C)
65dB(C)
60dB(C)
Environmental management zone boundary
65dB(C)
65dB(C)
65dB(C)
Conservation zone boundary
65dB(C)
65dB(C)
65dB(C)
At a sensitive use in Mixed use zone
75dB(C)
75dB(C)
70dB(C)
At a sensitive use in Rural zone
70dB(C)
65dB(C)
65dB(C)
At a sensitive use in Rural residential zone
65dB(C)
65dB(C)
60dB(C)
At a sensitive use in Township zone
70dB(C)
65dB(C)
65dB(C)

Note—

Table 9.3.9.3.E—Night time noise criteria
Criteria location
Where the existing LAeq,9hr Night at the criteria location is:
Average of the highest 15 single LAmax events over a given night (10pm-7am) period is not greater than the following values at the relevant criteria location:
The absolute highest single LAmax event over a given night (10pm-7am) period is not greater than the following values at the relevant criteria location:
At the zone boundary of:
Low density residential zone
Low–medium residential zone
Medium density residential zone
High density residential zone
Character residential zone
Tourist accommodation zone
Emerging community zone
< 45dB(A)
50dB(A)
55dB(A)
45 to 60dB(A)
LAeq,9hr Night + 5 dB(A)
LAeq,9hr Night + 10dB(A)
> 60dB(A)
65dB(A)
70dB(A)
External to a sensitive use located in a:
Principal centre zone
Major centre zone
District centre zone
Neighbourhood centre zone
Specialised centre zone
Mixed use zone
Rural zone
Rural residential zone
Township zone
Not applicable
65dB(A)
70dB(A)

Note—

Table 9.3.9.3.F—Recommended intermittent vibration levels for cosmetic damage
Type of building
Peak particle velocity (mm/s)
Reinforced or framed structures; industrial and heavy commercial buildings
50 mm/s at 4Hz and above
Unreinforced or light framed structures; residential or light commercial building type buildings
Below 4Hz
4Hz to 15Hz
15Hz and above
0.6 mm/s
15 mm/s at 4Hz increasing to 20 mm/s at 15Hz
20 mm/s at 15Hz increasing to 50 mm/s at 40Hz and above
Table 9.3.9.3.G—Recommended blasting vibration levels for human comfort
Type of building
Type of blasting operations
Peak component particle velocity (mm/s)
Residences, schools, educational institutions and places of worship
Operation blasting lasting for more than 12 months or 20 blasts or more
5 mm/s for 95% blasts per year 10 mm/s maximum unless agreement is reached with the occupier that a higher limit may apply
Residences, schools, educational institutions and places of worship
Operation blasting lasting for less than 12 months or less than 20 blasts
10 mm/s maximum unless agreement is reached with the occupier that a higher limit may apply
Industry or commercial premises
All blasting
25 mm/s maximum unless agreement is reached with the occupier that a higher limit may apply. For sites containing equipment sensitive to vibration, the vibration should be kept below manufacturer’s specifications or levels that do not adversely affect the equipment operation.
Table 9.3.9.3.H—Recommended levels for continuous and impulsive vibration acceleration (m/s2) 1–80 Hz for human comfort
Location
Assessment Period(1)
Preferred values(3)
Maximum values(3)
Continuous vibration
 
z-axis
x and y axes
z-axis
x and y axes
Critical areas(2)
Day or night
0.005 m/s2
0.0036 m/s2
0.01 m/s2
0.0072 m/s2
Residences
Day
0.01 m/s2
0.0071 m/s2
0.02 m/s2
0.014 m/s2
Night
0.007 m/s2
0.005 m/s2
0.014 m/s2
0.01 m/s2
Offices, schools, educational institutions and places of worship
Day or night
0.02 m/s2
0.014 m/s2
0.04 m/s2
0.028 m/s2
Workshops
Day or night
0.04 m/s2
0.029 m/s2
0.08 m/s2
0.058 m/s2
Impulsive vibration
Critical areas
Day or night
0.005 m/s2
0.0036 m/s2
0.01 m/s2
0.0072 m/s2
Residences
Day
0.3 m/s2
0.21 m/s2
0.6 m/s2
0.42 m/s2
Night
0.1 m/s2
0.071 m/s2
0.2 m/s2
0.14 m/s2
Offices, schools, educational institutions and places of worship
Day or night
0.64 m/s2
0.46 m/s2
1.28 m/s2
0.92 m/s2
Workshops
Day or night
0.64 m/s2
0.46 m/s2
1.28 m/s2
0.92 m/s2

(1) Day is 7am to 10pm and night is 10pm to 7am.

(2) Examples include hospital operating theatres and precision laboratories where sensitive operations are occurring.

(3)Situations exist where vibration above the preferred values can be acceptable, particularly for temporary or short-term events. Further guidance is given in the Noise impact assessment planning scheme policy.

Table 9.3.9.3.I—Recommended vibration dose values for intermittent vibration (m/s1.75) for human comfort
Location
Daytime(1)
Night time(1)
Preferred value
Maximum value
Preferred value(3)
Maximum value(3)
Critical areas(2)
0.1 m/s1.75
0.2 m/s1.75
0.1 m/s1.75
0.2 m/s1.75
Residences
0.2 m/s1.75
0.4 m/s1.75
0.13 m/s1.75
0.26 m/s1.75
Offices, schools, educational institutions and places of worship
0.4 m/s1.75
0.8 m/s1.75
0.4 m/s1.75
0.8 m/s1.75
Workshops
0.8 m/s1.75
1.6 m/s1.75
0.8 m/s1.75
1.6 m/s1.75

(1)Day is 7am to 10pm and night is 10pm to 7am.

(2)Examples include hospital operating theatres and precision laboratories where sensitive operations are occurring.

(3)Situations exist where vibration above the preferred values can be acceptable, particularly for temporary or short-term events. Further guidance is given in the Noise impact assessment planning scheme policy.

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