AN appeal by traditional owners against proposed environmental approval for a Sulphate of Potash (SoP) fertiliser project at Lake Wells, north-east of Laverton, has been dismissed.
But in dismissing the appeal, Environment Minister Stephen Dawson required the Environment Protection Authority (EPA) to strengthen its conditions relating to protection of Aboriginal heritage sites at Lake Wells.
Mr Dawson specified a cultural heritage management plan (CHMP), to be prepared by Australian Potash Ltd - ACP on Australian Securities Exchange (ASX) listings - as part of the conditions of proceeding with its Lake Wells SoP fertiliser project, be independently reviewed.
He said the CHMP should be reviewed by "an independent person" determined by the chief executive officer of the Department of Water and Environmental Regulation (DWER).
DWER's chief executive should be advised on the appointment by "the appropriate knowledge-holders and the proponent", Mr Dawson said in his appeal decision.
His decision made it clear "appropriate knowledge holders" should include representatives of the Waturta native title claimants.
The Waturta claim was registered under the Native Title Act 1993 in August 2018 and applies to parts of APC's proposed 14,341-hectare project development envelope, 160 kilometres from Laverton.
The claim has yet to be determined.
APC is proposing to start K-Brite SoP fertiliser production from hypersaline brine from beneath Lake Wells' salt crust and concentrated in evaporation ponds in 2023.
It is proposing to export K-Brite around the world via Geraldton port and has signed agreements with a number of fertiliser companies.
APC began its EPA approval process in December 2017.
When first advertised, the proposal attracted two public submissions.
In January 2018, the EPA decided to assess the proposal and set the assessment level at Environmental Review - No Public Review.
Last September the EPA advertised its intention to recommend Mr Dawson approve the project subject to a number of conditions aimed at protecting flora and fauna - including stygofauna in groundwater - and the social heritage of the area.
Ngalia man from the Kalgoorlie region, traditional owner, anthropologist, former Aboriginal Cultural and Materials Committee (ACMC) member and one of the Waturta native title claimants, Kado Muir, lodged an appeal against the EPA's intention.
Mr Muir claimed APC had not consulted sufficiently with the Waturta claimants and that its assessment of the impact of the project on three heritage sites in particular was insufficient.
However, Mr Dawson found the EPA had consulted widely and the three sites of particular concern had been referred to the ACMC and were found to not meet the criteria to be registered as sites under the Aboriginal Heritage Act.
Mr Dawson said he would now consult "with relevant decision-making authorities as to whether or not the proposal may be implemented and the conditions which apply to any such implementation".
APC is expecting final environmental approval in the second quarter this year.
"We are pleased to advise shareholders of the resolution of the EPA report and recommendations appeal," said APC managing director and chief executive officer Matt Shackleton in a statement to the ASX on Friday.
"We have been thorough and rigorous in ensuring relevant studies and consultation has occurred throughout the approvals pathway," Mr Shackleton said.
"We look forward to the final ministerial statement once the minister has completed the consultation process."
APC is proposing a 30-year project life producing 150,000 tonnes a year of premium grade K-Brite SoP fertiliser.
As previously reported in Farm Weekly, two other companies are planning to begin production in remote WA this year of SoP fertiliser from salt lake brine.
