Abbot Point Bulkcoal—Caley Valley Wetland investigation

The department is conducting investigations in the Caley Valley Wetland related to stormwater releases from the Abbot Point Coal Terminal.

    Timeline

    March 2017

    The department granted Abbot Point Bulkcoal Pty Ltd a temporary emissions licence (TEL) for the period 27 to 30 March 2017, to assist with site water management during and after TC Debbie.

    The TEL authorised total suspended solids (TSS) releases of up to 100 milligrams per litre (mg/L) into the Caley Valley Wetland.

    April 2017

    On 6 April 2017, the State Disaster Coordination Centre provided aerial imagery to the department which showed significant colour variation in the Caley Valley Wetland when compared with previous aerial imagery in the same area.

    Departmental officers were deployed to the site the same day (6 April 2017) to investigate the potential release of coal or coal fines into Caley Valley Wetland. Due to flooding officers could not access the site to collect water samples.

    Departmental officers returned to site 11 April 2017 to investigate the potential release of coal or coal fines into the wetland.

    As part of the department’s investigation into the Caley Valley Wetland, the former Department of Science, Information Technology and Innovation (DSITI) was engaged to assist with a preliminary assessment of the wetland.

    DSITI collected in situ water monitoring data, sediment samples and water samples across seven sites within the Caley Valley Wetland on 27 April 2017 and 28 April 2017 to determine the state of the wetland and to ground truth the colour variation depicted in aerial imagery.

    This sampling event formed the basis of the report titled Caley Valley Wetland – Preliminary assessment of impacts to Caley Valley Wetland from Abbot Point Coal Terminal Post Tropical Cyclone Debbie (PDF, 8.2MB) .

    September 2017

    On 18 September 2017, the department issued Abbot Point Bulkcoal Pty Ltd with notice to conduct an environmental evaluation under the Environmental Protection Act 1994. The environmental evaluation sought to monitor, identify and describe any adverse impacts to the environmental values of the Caley Valley Wetland due to activities conducted at Abbot Point Coal Terminal.

    Abbot Point Bulkcoal Pty Ltd continued to work with the department on the investigation and reported matters relating to its operation during and following TC Debbie as required by its environmental authority.

    October 2017

    On 3 October 2017, the department received an application from Abbot Point Bulkcoal seeking an internal review of the decision to issue the environmental evaluation. The internal review process was completed and on 31 October 2017, the department issued a varied environmental evaluation (PDF, 5.5MB) to Abbot Point Bulkcoal.

    November 2017

    On 30 November 2017, Abbot Point Bulkcoal Pty Ltd elected to appeal the decision to issue a varied environmental evaluation.

    December 2017

    On 12 December 2017, Abbot Point Bulkcoal Pty Ltd was granted a stay on the condition that any releases to the Caley Valley Wetland be notified to the department within 24 hours. The matter proceeded in the Planning and Environment Court for directions on 9 February 2018.

    February 2018

    On 9 February 2018 a directions order was made by the Planning and Environment Court. The directions order put in place steps to progress the matter toward a hearing including disclosure, narrowing the issues in dispute, notification of experts and a mediation. The matter was listed for a directions hearing on 4 May 2018.

    On 28 February 2018, Abbot Point Bulkcoal Pty Ltd notified the department that a release commenced from release point W1 that day. The notification was made in accordance with a court order that required any release to the Caley Valley Wetland to be notified to the department within 24 hours of the commencement.

    March 2018

    On 5 March 2018, departmental officers attended the wetland to undertake sampling (focusing on coal fines). The sampling was conducted to collect additional information with respect to impact and distribution of coal fines in the wetland.

    September 2018

    The matter was reviewed before the Planning and Environment Court on 21 September 2018. Orders were made by consent to set aside the decision and notice, which means the evaluation notice is no longer in effect.

    As an alternative to continuing with the Court proceeding, the department decided to conduct its own long-term monitoring program in the Caley Valley Wetland.

    February 2019

    On 7 February 2019, Abbot Point Bulkcoal Pty Ltd contacted the department to advise of the commencement of a release of stormwater from an authorised release point (W1).

    Abbot Point Bulkcoal Pty Ltd advised that the stormwater release was occurring from a settlement pond spillway, as a result of the storage capacity limit being exceeded following a high intensity rainfall event associated with a monsoon trough.

    On Friday 8 February 2019, departmental officers attended Abbot Point Coal Terminal to carry out water quality sampling at release point W1.

    On 12 February 2019, the department received the results from water quality sampling undertaken by Abbot Point Bulkcoal Pty Ltd on 7 February 2019 at release point W1.

    The results indicated the total suspended solids (TSS) in the sample to be 58 mg/L. This is an alleged breach of the environmental authority limit for total suspended solids from release point W1.

    On 13 February 2019, the department received water quality results from sampling undertaken by its officers on 8 February 2019. The results indicated the total suspended solids in the sample to be 33 mg/L.

    On 25 March 2019, following an investigation the department has issued Abbot Point Bulkcoal Pty Ltd with a penalty infringement notice of $13,055 for alleged breach of environmental authority condition F1.

    Caley Valley Wetland Monitoring Program

    In 2018, the department commenced a long-term monitoring program to assess if the operation of the Abbot Point Bulk Coal terminal is adversely affecting the environmental values of the wetland.

    Annual reports from the monitoring program will provide the results of water quality and sediment testing.

    The monitoring program includes two areas with seven monitoring sites in each. The eastern (direct) monitoring area is likely to be directly impacted by a release from the Abbot Point coal terminal. The western (control) monitoring area is less likely to be directly impacted by a release from the Abbot Point coal terminal.

    The Caley Valley Wetland Monitoring Program Progress Report 2018–19 (PDF, 2.8MB) details three rounds of monitoring of water and sediment quality undertaken in the Caley Valley wetland between October 2018 and March 2019.

    Overall, the results show there is no environmental harm to the environmental values of the Caley Valley Wetland.

    In summary, the monitoring results showed:

    • only trace amounts of very fine coal particles, or no coal particles, were found in the sediment
    • no toxicants—such as dissolved metals, BTEX (benzene, toluene, ethylbenzene and xylene) or PAH (polycyclic aromatic hydrocarbons)—exceeded the Australian Water Quality Guidelines near the Abbot Point bulk coal terminal
    • while nickel levels exceeded Australian Sediment Quality Guidelines in the wetland area it is likely to be naturally occurring and unlikely to be associated with the Abbot Point bulk coal operations.

    The latest Caley Valley Wetland Monitoring Program Report 2018–2021 (PDF, 10.5MB) outlines the results of seven rounds of monitoring of water and sediment quality undertaken in the Caley Valley Wetlands between October 2018 and June 2021. This study found little evidence of contaminants in the sediments and surface waters of the Caley Valley Wetland, either in an area considered to represent background conditions or an area that is potentially impacted by releases from the Abbot Point Terminal. Sediment samples contained only trace amounts of coal fines; or no coal fines at all.

    This now concludes the Caley Valley Wetland Monitoring Program.

    Frequently asked questions

    Why did satellite imagery appear to show the wetland full of coal fines?

    It is difficult to draw conclusions as to the cause of the colour variation depicted in the imagery of the Caley Valley Wetland following Tropical Cyclone Debbie, due to the high variability of the wetland system and the imagery itself. The appearance of water bodies in remotely sensed imagery can be affected by several factors, including the depth and clarity of the water, the angle of the sun and the sensor when the image is captured. No conclusions regarding the condition of the wetland could be determined from this imagery and inspection of the site was required.

    Has the department carried out site inspections?

    Officers from the department together with technical experts from the former DSITI, attended the site and collected in-situ water quality, sediment samples and water samples across seven sites in the Caley Valley Wetland on 27 April 2017 and 28 April 2017. This sampling event formed the basis of the report titled Caley Valley Wetland—Preliminary assessment of impacts to Caley Valley Wetland from Abbot Point Coal Terminal Post Tropical Cyclone Debbie (PDF, 8.2MB) .

    Was coal and coal fines found within the Caley Valley Wetland?

    Visual observations by departmental officers confirmed that the satellite imagery of the area following Tropical Cyclone Debbie was not representative of the true condition of the wetland. The dark coloured water depicted in the satellite imagery was not observed during the site inspection.

    The report Caley Valley Wetland—Preliminary assessment of impacts to Caley Valley Wetland from Abbot Point Coal Terminal Post Tropical Cyclone Debbie (PDF, 8.2MB) provides a number of findings and recommendations in relation to the water and sediment samples collected during the site inspection.

    The report’s key findings were:

    • Visual evidence of coal fines was not observed across the majority of sites assessed in the wetland, however trace levels of coal fines were detected at most sites following laboratory analysis of sediment samples collected.
    • Coal fines were visually observed at one site immediately downstream of the licensed discharge point (W1). This is consistent with the results from the sediment analysis at this site, which found that coal composed approximately 10% in sediment sampled at the immediate discharge point, reducing quickly to minor concentrations of around 2% further away from the discharge point and falling to trace levels below 1% throughout the broader wetland area. There appeared to be partial coverage of the wetland substrate with coal fines at this location. Despite this observation, there did not appear to be any impediment to growth of wetland vegetation in this area and new growth, in response to the recent flooding, was evident.
    • Coal fines do not appear to have caused any widespread impacts on the wetland.
    • Further assessment is warranted to more accurately delineate the area potentially impacted downstream of the licenced discharge point and to monitor the response of the wetland to the authorised discharge.

    What actions has the department taken?

    On 18 September 2017, the department issued Abbot Point Bulkcoal Pty Ltd with notice to conduct an environmental evaluation (PDF, 5.5MB) under the Environmental Protection Act 1994. The environmental evaluation sought to monitor, identify and describe any adverse impacts on the environmental values of the Caley Valley Wetland due to activities conducted at the Abbot Point Coal Terminal.

    The department completed an internal review process following an application for review received by Abbot Point Bulkcoal. On 31 October 2017 the department issued a varied notice to conduct an environmental evaluation (PDF, 5.5MB) to Abbot Point Bulkcoal. Abbot Point Bulkcoal elected to appeal the issue of the environmental evaluation.

    The matter was reviewed before the Planning and Environment Court on 21 September 2018. Orders were made by consent to set aside the decision and notice, which means the evaluation notice is no longer in effect.

    As an alternative to continuing with the Court proceeding, the department has commenced its own long-term monitoring program in the Caley Valley Wetland.

    In 2019, the department accepted an Enforceable Undertaking from Abbot Point Bulkcoal to give effect to an investment of $100,000 for the installation of monitoring equipment to record any stormwater discharges to the marine environment.

    Additionally, extensive upgrades to water infrastructure have been implemented by Abbot Point Bulkcoal. These included a $36 million investment in water management and installation of real time water monitoring stations.

    On 22 April 2021, following the 2020–2021 wet season, the department inspected the completed improvements and was satisfied that Abbot Point Bulkcoal had complied with the terms of the Enforceable Undertaking.

    Why did the department issue a temporary emissions licence (TEL) to Abbot Point Bulkcoal Pty Ltd?

    Abbot Point Bulkcoal Pty Ltd was granted a TEL due to the forecast of a major rainfall event associated with Tropical Cyclone Debbie in March 2017. The TEL permitted a temporary increase to the environmental authority (EA) release limit for total suspended solids (TSS) from 30mg/L to 100mg/L at two authorised release points. The two release points were W1, into the Caley Valley Wetland and W2, to the northern side of the terminal. W2 does not report to the Caley Valley Wetland. Please refer to the attached map (JPG, 651.0KB) identifying the location of these release points.