Orana BESS Independent Audit No. 2 Rev 2 by akayshaenergy

Authorisation

Author Name: Ricardo Prieto-Curiel Reviewer / Approver: Derek Low

Position: Lead Auditor

Signature:

Date: 29/07/2025

Position: Peer Reviewer

Signature:

Date: 29/07/2025

Report Name: Orana Battery Energy Storage System Independent Audit No. 2

Project No.: Project No. 1354

Prepared for:

Akaysha Energy Pty Ltd

Prepared by:

WolfPeak Group Pty Ltd

T: 1800 979 716

W: www.wolfpeak.com.au

© Document copyright of WolfPeak Group Pty Limited. This disclaimer, together with any limitations specified in this report, apply to use of this report. This report was prepared in accordance with the contracted scope of works for the specific purpose stated in the contract and subject to the applicable cost, time and other constraints. In preparing this report, WolfPeak Group Pty Ltd (WolfPeak) relied on client/third party information which was not verified by WolfPeak except to the extent required by the scope of works, and WolfPeak does not accept responsibility for omissions or inaccuracies in the client/third party information; and information taken at or under the particular times and conditions specified, and WolfPeak does not accept responsibility for any subsequent changes. This report has been prepared solely for the use by, and is confidential to, the client and WolfPeak accepts no responsibility for its use by any other parties. This report does not constitute legal advice. This report is subject to copyright protection and the copyright owner reserves its rights.

Project No.: 1354

Orana BESS Independent Audit No. 2

ABBREVIATIONS / GLOSSARY

Abbreviation/Term Description

AES Accommodation and Employment Strategy

Akaysha Akaysha Energy Pty Ltd

BCA Building Code of Australia

BC Act

BCF

BCS

BCT

Biodiversity Conservation Act 2016 (NSW)

Biodiversity Conservation Fund

Biodiversity Conservation and Science Group within NSW DCCEEW

Biodiversity Conservation Trust

BESS Battery Energy Storage System

BMP Biodiversity Management Plan

CC Construction certificate

CCTV Closed circuit television

CEMP Construction Environment Management Plan

Conditions Minister’s conditions of consent

CONVA Construction & Operational Noise & Vibration Assessment

DCCEEW CPHR NSW Department of Climate Change, Energy, the Environment and WaterConservation Programs, Heritage and Regulation Group

DPHI or Department Department of Planning, Housing and Infrastructure (former Department of Planning and Environment)

DRC Dubbo Regional Council

DoE Department of Education NSW

EIS

Environmental Impact Statement

EP&A Act Environmental Planning and Assessment Act 1979 (NSW)

EPA NSW Environment Protection Authority

FRNSW Fire and Rescue NSW

HBT Hollow bearing tree

IA Independent Audit

IAPAR Independent Audit Post Approval Requirements 2020

MOD 1 26 September 2024 modification to the Minister’s approval

NHVR National Heavy Vehicle Regulator

OOHW Out of hours work

OSOM Oversize and/or over mass

the Project The Development as described in the EIS and approved under SSD 45242780

RFS Rural Fire Service

RMU Ring main unit

RtS Response to Submissions

Abbreviation/Term Description

SSD State Significant Development

TfNSW Transport for NSW

TMP Traffic Management Plan

EXECUTIVE SUMMARY

Akaysha Energy Pty Ltd (Akaysha) is developing a large-scale Battery Energy Storage System (BESS) in central-west NSW within the Central-West Orana Renewable Energy Zone (REZ) Known as the Orana BESS (the Project), the Project is located approximately two kilometres northeast of Wellington in the Dubbo Regional local government area, will have a capacity of 415MW, and provide 4 hours or 1660MWh of energy storage

Development Consent for the Project was granted under section 4.38 of the Environmental Planning and Assessment Act 1979 (EP&A Act) (State Significant Development (SSD) 45242780) by the Executive Director of Energy, Resource and Industry Assessments of the Department of Planning, Housing and Infrastructure (the Department), as delegate of the Minister for Planning and Public Spaces on 22 December 2023, subject to Conditions of Consent (conditions). The Project was modified on the 26 September 2024 (MOD 1) by the Director Energy Assessments of the Department to provide for additional construction laydown area and additional permanent fill batter around the southern extent of the BESS

CPP has been engaged as the principal construction contractor CPP subcontracted the Goolma Road intersection works to FKG. Construction of the Goolma Road upgrade works started on the 29 August 2024 and other Project works commenced on the 11 September 2024. Construction of the Project is forecasted for completion in mid-2026.

This Audit was undertaken in accordance with the SSD 45242780 Condition C14, and the Department’s 2020 document titled lndependent Audit Post Approval Requirements (IAPAR). The Audit seeks to verify compliance with the relevant conditions and assess the effectiveness of environmental management on the Project. It is consistent with the scope, methodology and reporting requirements of the IAPAR.

This Audit Report presents the outcomes of the second independent audit (IA2) for the construction of the Project covering the period from 18 December 2024 to 4 June 2025 (the ‘audit period’). Works undertaken during this period included completion of construction of the Goolma Road intersection works, civil works underway (cut and fill activities), civil structural (conduits and drainage, megapack and transformer foundations, slabs, commencement installation of transformers) and Wellington substation extension (connection). The site inspection was conducted on 4 June 2025

The overall outcome of the audit was positive. Compliance records were generally organised and available at the time of the site inspection, during interviews with Akaysha and upon request to the auditee. Relevant compliance documentation and records were being collected and reported as required under the SSD to provide verification of compliance with statutory requirements. No reportable incidents were recorded during the audit period. A single complaint was reported and closed during the reporting period Some findings and recommendations were made during the audit and are reported in Appendix A, Section 3.2 and summarised below.

Summary of Findings

In summary:

 There were sixty-five (65) Conditions assessed.

 Fifty (50) Conditions were considered by the Auditor to be compliant.

 Four (4) non-compliances were identified during this Audit, primarily of an administrative nature and related to:

o retirement of biodiversity offsets (B12);

o notification of commencement of Stage 2b works (C7);

o the content of the auditor’s response to audit findings (C14); and

o project website content (C20).

Non-compliances with C7 and C14 were closed during the audit.

 Two (2) observations were made related to:

o the timing of approval of the Fire Safety Study (B28); and

o implementation of the Accommodation and Employment Strategy (B34).

 Eleven (11) Conditions were considered by the Auditor to be not triggered.

 All findings from the first independent audit (IA1) were closed.

Detailed findings are presented in Section 3 and Appendix A, along with the adequacy of management plans and the actions taken by the project team to address the audit findings.

The Auditor would like to thank the auditees for their high level of organisation, cooperation, and assistance during the Audit.

1. INTRODUCTION

1.1 Project overview

Akaysha Energy Pty Ltd (Akaysha) is developing a large-scale Battery Energy Storage System (BESS) in central-west NSW within the Central-West Orana Renewable Energy Zone (REZ).

Known as the Orana BESS (the Project), the Project is located approximately two kilometres northeast of Wellington in the Dubbo Regional local government area, and will have a capacity of 415MW and provide 4 hours or 1660MWh of energy storage.

The site is located in 6945 Goolma Road, Montefiores, NSW 2080, in land described as Lots 1 and 2 DP 1226751, Lot 2 DP 1136578 and part of the Goolma Road corridor. The regional context of the site is shown in Figure 1.

Figure 1: Regional Context Map (Source: Assessment Report, DPHI November 2023)

The Project, as approved, includes:

 A BESS, with a nominal capacity of 415 MW / 1660 MWh

 Lithium-ion storage technology

 Approximately 448 BESS units, 112 step-up (MV) transformers, and up to 20 ring main units (RMUs)

 A substation and switchyard, up to two 330 kilovolt (kV) / 33 kV power transformers connecting the BESS to the existing TransGrid substation

 Underground transmission line, rated at 330 kV and approximately 400 metres (m) in length, from the Orana substation to the existing Wellington substation

 Associated operations and maintenance building, site office, switch room and control room

 Site access via Goolma Road

 Internal access tracks

 Security lighting, CCTV and fencing

 Water tanks

The Project was amended on the 26 September 2024 (MOD 1) by the Director Energy Assessments of the Department to provide for additional construction laydown area and additional permanent fill batter around the southern extent of the BESS. The General Development Layout (as amended in MOD 1) is shown in Figure 2.

The BESS layout is shown in Figure 3.

Figure 2: General Development Footprint (Source: NGH’s Biodiversity Development Assessment Report, May 2024)

CPP has been engaged as the principal construction contractor. CPP subcontracted the Goolma Road intersection works to FKG. Maltby Certification Group is the Project certifier.

Construction activities commenced in August 2024 and are forecasted for completion in mid-2026.

This Audit Report presents the outcomes of the second independent audit (IA2) for the construction of the Project covering the period from 18 December 2024 to 4 June 2025 (the ‘audit period’). Works undertaken during this period included completion of the Goolma Road intersection works, civil works underway (cut and fill activities), civil structural (conduits and drainage, megapack and transformer foundations, slabs, commencement installation of transformers) (no vegetation clearing during the audit period), Wellington substation extension (connection) Maltby Certification Group (certifier) has issued 2 certificates, for BESS and substation.

The site inspection was conducted on 4 June 2025

1.2 Approval requirements for Independent Audit

SSD 45242780 Conditions set out the requirements for undertaking Independent Audits. The Conditions give effect to the Department's 2020 version of the document titled lndependent Audit Post Approval Requirements (IAPAR).

Figure 3: BESS Site Layout (Source: Orana BESS MOD1 Report, June 2024)

1.3 Audit Team

In accordance with Section 3.1 of the IAPAR, Independent Auditors must be suitably qualified, experienced and independent of the Project, and appointed by the Planning Secretary.

The Lead Auditor was approved by the Department of Planning, Housing and Infrastructure (DPHI or the Department) on the 10 December 2024. The letter of approval is presented in Appendix B and auditor’s independence declaration is attached in Appendix F.

The approved Lead Auditor:

 Ricardo Prieto-Curiel (Lead Auditor): Exemplar Global Certified Lead Environmental Auditor (Certificate No 15160). Registered Environmental Assessment Practitioner, master’s in environmental Toxicology.

The Lead Auditor was assisted by Joyce Acierda, Support Auditor: Exemplar Global Certified Environmental Lead Auditor – Certificate No. C479219. Master of Planning.

1.4 Audit Objectives

The objective of this Audit was to undertake the second construction phase independent Audit in accordance with the requirements of the IAPAR and the SSD 45242780 Schedule 2, Condition C14 which states:

Independent Audits of the development must be conducted and carried out in accordance with the Independent Audit Post Approval Requirements (2020) or as updated from time to time and published on the Department’s website

This Audit seeks to fulfill the requirements of Condition C14 verify compliance with the relevant Conditions and assess the effectiveness of environmental management on the Project.

1.5 Audit Scope

This Audit Report presents the outcomes of the second independent audit (IA1) for the construction of the Project covering the period from 17 December 2024 to 4 June 2025 (the ‘audit period’). Conditions applicable prior to the commencement of construction were also covered by the Audit.

This Audit adopts the scope defined within the IAPAR 2020, being:

 “An assessment of compliance with:

◦ all conditions of consent applicable to the phase of the development that is being audited; and

◦ all post approval and compliance documents prepared to satisfy the conditions of consent, including an assessment of the implementation of Environmental Management Plans and Sub-plans

 A review of the environmental performance of the development, including but not necessarily limited to, an assessment of:

◦ actual impacts compared to predicted impacts documented in the environmental impact assessment

◦ the physical extent of the development in comparison with the approved boundary

◦ incidents, non-compliances and complaints that occurred or were made during the audit period

◦ the performance of the development having regard to agency policy and any particular environmental issues identified through consultation carried out when developing the scope of the audit, and

◦ feedback received from the Department, and other agencies and stakeholders, on the environmental performance of the project during the audit period.

 A review of the status of implementation of previous Independent Audit findings recommendations and actions (if any)

 A high-level assessment of whether Environmental Management Plans and Sub-plans are adequate, and

 Any other matters considered relevant by the auditor or the Department, considering relevant regulatory requirements and legislation, knowledge of the development’s past performance.”

2. AUDIT METHODOLOGY

2.1 Audit Process Overview

The Audit was conducted in a manner consistent with AS/NZS ISO 19011.2019 – Guidelines for Auditing Management Systems and the methodology set out in the Department’s IAPAR.

2.2 Audit Process Detail

2.2.1

Audit initiation

Prior to the commencement of the Audit the following tasks were completed:

 Establish initial contact with the auditee

 Confirm the audit team

 Confirm the audit purpose, scope and criteria.

2.2.2 Preparing audit activities

The Auditor performed a document review, prepared an audit plan, and prepared work documents (audit checklists) and distributed to the Project team in preparation for the Audit

2.2.3 Consultation

WolfPeak consulted with the Department on 6 May 2025 to obtain their input into the scope of the Independent Audit and confirmation on whether other stakeholders should be consulted, in accordance with the guidance provided under Section 3.2 of the IAPAR. The Department responded on the 7 May 2025 A summary of feedback provided from the Department is shown in Table 1 and the correspondence with the Department in Appendix C.

In addition, the Department suggested that consultation should be undertaken with the Local Council (Dubbo regional Council), Environment Protection Authority (EPA), Transport NSW (TfNSW), Conservation Programs, Heritage and Regulation (NSW DCCEEW CPHR), Heritage NSW, Water Group DCCEEW, Fire and Rescue NSW (FRNSW), and Community Consultative Committee (CCC). WolfPeak consulted with the above stakeholders on the 8 May 2025. A summary of the feedback provided from these stakeholders is shown in Table 1 and the corresponding correspondence is provided in Appendix C.

Table 1: Areas of focus raised during consultation

Stakeholder Areas of Focus

Department of Planning, Housing and Infrastructure

Requested to address/review the following aspect:

Ensure you assess compliance with all conditions of consent applicable to the phase of the development that is being audited and all post approval and compliance documents prepared to satisfy the conditions of consent, including management plans.

Review the environmental performance of the development including; actual impacts compared to predicted impacts, incidents, non-compliances, complaints, the physical extent of the development in comparison with the approved boundary.

A high-level assessment and review of Environmental Management Plans and Subplans and whether they are adequate, specifically the Biodiversity Management Plan.

Ensuring all notifications have been carried out, e.g. incident/non-compliance reporting, commencement of construction/operation etc.

Ensuring all environmental controls have been installed, maintained and are adequate, specifically in relation to managing water, noise and dust.

Biodiversity impacts on site addressed appropriately, particularly prior to commencing constructions activities e.g. clearance protocols met.

Details of the works that have been undertaken so far at the Project.

Sediment and erosion controls are installed and in accordance with the requirements of Managing Urban Stormwater: Soils and Construction (Landcom, 2004) and the relevant management plans.

If there are any required development exclusion zones, have they been installed prior to works commencing and are they adequate.

Are accurate records are being kept, specifically in relation to community complaints and actions.

Consult the following agencies:

o Local Council – Dubbo Regional Council

o Environment Protection Authority

o Transport for NSW

o NSW DCCEEW CPHR

o Heritage NSW

o Water Group of DCCEEW

o NSW Rural Fire Service

o Community Consultative Committee

Review documentation associated with Spring Clearing complaint dated 12 March 2025 and non-compliance

How was addressed

Appendix A

Sections 3.8, 3.6 and 3.7

Section 3.3

Sections 3.7, Appendix A

Section 3.3, Appendix A

Section 3.6, Appendix A, IA1

Section 1.1, Appendix A

Appendix A (B27)

Section 3.8, Appendix A (B23)

Appendix A

Section 2.2.3, Appendix C

Stakeholder

Areas of Focus

notification regarding retirement of credits under Condition B12

Lead auditor to attend site inspections and interviews

Dubbo Regional Council

Environment Protection Authority (EPA)

The Dubbo Regional Council was consulted on 8 May 2025 and responded on 13 May 2025 noting that given the first audit was only a few months ago, little has progressed from Council’s perspective and referred to Council’s correspondence on IA1.

The only matter of significance is the issuing of a Construction Certificate by a private certifier – James Maltby (Maltby Certificate Group Pty Ltd)

The EPA was consulted on 8 May 2025 and provided a response on 28 May 2025, noting that they are satisfied with the scope outlined in Section 3.3 of the IAPAR and have no comments or feedback.

Transport for NSW TfNSW was consulted on 8 May 2025 and provided a response on 28 May 2025, requesting that the following matters be addressed within the audit:

Review of the current operation of the access intersection and compliance with the increase in traffic volume as per the agreed secretary approval dated 16 April 2025.

Compliance with the requirements of the Traffic Management Plan

Compliance with conditions of consent particularly Part B conditions B1 to B10.

NSW DCCEEW CPHR NSW DCCEEW CPHR was consulted on 8 May 2025 and a response was provided in letter dated 19 May 2025.

NSW DCCEEW CPHR referred to its letter to IA1 which advised confirmation of compliance with B12 (retirement of biodiversity credits) and implementation of actions within the BMP particularly in relation to B14(b)(iv) (avoidance of clearing in spring).

It also referred to email received from ecological consultant advising that a Hollow Bearing Tree was removed on 21 September 2024, and that HBT was later identified as an inactive powerful owl next.

Independent environmental audit to focus on the requirement for the proponent to avoid clearing of hollow bearing trees during spring. This is required in accordance with condition B14(b)(iv), to avoid the main breeding period for hollow-dependant fauna.

How was addressed

Section 3.6, Appendix A (B12)

Section 2.2, Appendix D

Section 3.5 and Appendix A

Appendix A

Section 3.5

IA1

Stakeholder Areas of Focus

Heritage NSW Heritage NSW was consulted on 8 May 2025 and a response was provided on 26 May 2025.

Heritage NSW requested to consider as a part of the audit scope any conditions relating to heritage within the Conditions of Consent for the project and any approved Management Plans. It is recommended that the Department of Climate Change, Energy, the Environment and Water Compliance Team be contacted via compliance@planning.nsw.gov.au to determine if there is any noncompliance with Conditions of Consent for the project.

Water Group of DCCEEW NSW DCCEEW Water Group was consulted on 8 May 2025 and a response was provided in letter dated 12 May 2025.

NSW DCCEEW Water Group requested that the audit addresses compliance with the following specific elements of the consent conditions and related legislative requirements in a manner consistent with the above audit scope:

The requirement to prepare and implement management plans that relate to water sources and their dependent ecosystems and users, and associated impact management and mitigation. These plans may include:

o Water Management Plans and related sub-plans e.g., Site Water Balance, Erosion and Sediment Control Plan, Stormwater Management Plan, Surface and Groundwater Management Plan.

o Extraction Plans and related sub-plans e.g., Water Management Plan, Subsidence Management Plan.

The requirement to prepare and implement trigger action response plans for water source impacts which set clearly defined limits and actions. This is to be reported on within annual and exceedance-based reporting.

Water supply availability is clearly defined for the project.

Water take at the site via storage, diversion, interception or extraction is clearly documented and is authorised by a relevant Water Access Licence or exemption under the Water Management (General) Regulation 2018.

Water metering at the site is in accordance with the NSW NonUrban Metering Framework where relevant.

Water Access Licence/s used to account for water take by the project nominates the work where the water is being taken from.

Annual reporting clearly documents; 1) water take, use and water source impacts, 2) compares results with previous years, and 3) identifies exceedances and how these are managed/mitigated.

3.5

Section 3.5

Section

2.2.4 Meetings

The opening meeting was held on 4 June 2025 at the construction site project offices with project personnel and the WolfPeak auditor. During the opening meeting, the objectives and scope of the Audit, the resources required, overview of the project and status of the works and methodology to be applied were discussed.

A closing meeting was carried out on the 4 June 2025. The preliminary audit findings were presented, recommendations (as appropriate) were made, and any post-audit actions were confirmed. The opening and closing meetings attendance sheet is provided in Appendix D.

2.2.5 Interviews

The Auditor conducted interviews on 4 June 2025 with key Project personnel during and following the site inspection. During the inspection key personnel involved in on-site Project delivery, including those with responsibilities for environmental management, who could assist on verifying the compliance status of the development were interviewed.

All other communication was conducted remotely, which included a detailed request for information and auditee responses to the request. The names of personnel interviewed during the audit are provided in Table 2.

Table 2: Audit meeting personnel interviewed

2.2.6

Environmental Manager

Site inspection

The on-site audit activities included an inspection of the work activities including Goolma Road intersection works, cut and fill excavation works, cleared areas, tree protection and heritage protection zones and the like to verify implementation of mitigation measures from the CEMP and subplans relevant to the works taking place at the time of the inspection.

The site inspection was conducted on 4 June 2025 and detailed observations are discussed in Section 3 and Appendix A. Photos taken during the inspections are presented in Appendix E.

2.2.7 Document review

The Audit included investigation and review of Project files, records and documentation that acts as evidence of compliance (or otherwise) with a compliance requirement. The primary documents reviewed are presented in Section 3.1. Evidence gathered during the Audit is referenced in the compliance tables presented in Appendix A.

2.2.8 Generating audit findings

Audit findings were based on verifiable evidence. The evidence included:

 relevant records, documents and reports

 interviews of relevant site personnel

 photographs

 figures and plans

 site inspections of relevant locations, activities and processes.

Section 3 and Appendix A present the general audit findings and recommendations

2.2.9 Compliance evaluation

The Auditor determined the compliance status of each compliance requirement in the Audit Table in Appendix A, using the descriptors below:

Table 3: Compliance status descriptors

The Auditor has collected sufficient verifiable evidence to demonstrate that all elements of the requirement have been complied with within the scope of the audit.

WolfPeak considers that it is the role of the Certifier or other authority / expert to verify compliance with this condition and has marked this requirement as compliant on the basis of their assessment or advice.

The Auditor has determined that one or more specific elements of the conditions or requirements have not been complied with within the scope of the audit.

A requirement has an activation or timing trigger that has not been met at the time when the audit is undertaken, therefore an assessment of compliance is not relevant.

Observations and notes may also be made to provide context, identify opportunities for improvement or highlight positive initiatives.

2.2.10 Evaluation of post approval documentation

The Auditor assessed whether post approval documents:

 have been developed in accordance with the Conditions and their content is adequate

 have been implemented in accordance with the Conditions

The adequacy of post approval documents was determined on the basis of whether:

 there are any non-compliances resulting from the implementation of the document

 whether there are any opportunities for improvement.

2.2.11 Completing the audit

The Audit Report was distributed to the Applicant to check factual matters and for input into actions in response to findings (where relevant). The Auditor retained the right to make findings or recommendations based on the facts presented.

The Auditor’s findings have been determined independent of the auditees, the Department and any other parties, based on the evidence assessed during the audit.

3. AUDIT FINDINGS

3.1 Approvals and documents audited, and evidence sighted

The documents audited comprised those prepared under the conditions from Schedule 2 of SSD 45242780 applicable to the works being undertaken at the time of the Audit. The primary documents reviewed during the audit are as follows:

 Development Consent SSD 45242780, dated 22 December 2023 and amended on 26 September 2024 MOD 1 (the Consent)

 Environmental Impact Statement (EIS) Orana BESS, dated April 2023 by NGH.

 Environmental Management Strategy Orana BESS – (rev D dated 30 July 2024) prepared by WSP

 Biodiversity Management Plan Orana BESS (rev G, dated 8 November 2024) prepared by WSP (the BMP).

 Orana Battery Energy Storage System Accommodation and Employment Strategy (Rev C, dated 15 July 2024) prepared by Consolidated Power Projects (the AES)

 Akaysha Chance Finds Protocol, Version 3 dated 12 July 2024, prepared by Virtus Heritage.

 Stage 1 Traffic Management Plan Rev L 19 September 24 prepared by Amber Traffic & Transportation Direction.

 Stage 2a Traffic Management Plan Rev C 7 March 2025 prepared by Amber Traffic & Transportation Direction.

 Stage 2b Traffic Management Plan Rev A 17 April 2025 prepared by Amber Traffic & Transportation Direction.

 Construction Certificate No. CCMCG40/2025/02 issued on 21 May 2025 by James Maltby of Maltby Certification Group for the Wellington Substation extension and supporting electrical infrastructure associated with the BESS

 Construction Certificate No. CCMCG40/2025 issued on 14 February 2025 by James Maltby of Maltby Certification Group Pty Ltd for the BESS including ancillary Switchgear and Control Buildings

 Project Website https://community.akayshaenergy.com/orana-bess

 Complaints Management System in Project Website.

All records and evidence sighted against each condition are detailed within Appendix A.

3.2 Summary of Compliance

This section, including Table 5, presents the summary of compliance and recommended actions in response to each of the findings from this Audit. Detailed findings against each requirement are presented in Appendix A.

In summary:

 There were sixty-five (65) Conditions assessed.

 Fifty (50) Conditions were considered by the Auditor to be compliant.

 Four (4) non-compliances were identified during this Audit, primarily of an administrative nature and related to:

o retirement of biodiversity offsets (B12);

o notification of commencement of Stage 2b works (C7);

o the content of the auditor’s response to audit findings (C14); and

o project website content (C20).

Non-compliances with C7 and C14 were closed during the audit.

 Two (2) observations were made related to:

o the timing of approval of the Fire Safety Study (B28); and

o implementation of the Accommodation and Employment Strategy (B34).

 Eleven (11) Conditions were considered by the Auditor to be not triggered.

 All findings from the first independent audit (IA1) were closed.

Table 4: Status of previous audit findings during IA1

IA1-03 C14 NonCompliance Independent Environmental Audit

Independent Environmental Audits of the development must be conducted and carried out in accordance with the Independent Audit Post Approval Requirements (2020) or as updated from time to time and published on the Department's website.

IA1-04 C20 Noncompliance Access to Information

The Applicant must:

a) make the following information publicly available on its website as relevant to the stage of the development:

i. the EIS;

ii. the final layout plans for the development;

iii. current statutory approvals for the development;

iv. approved strategies, plans or programs required under the conditions of this consent (other than the Fire Safety Study and Emergency Plan);

v. the proposed staging plans for the development if the construction, operation and/or decommissioning of the development is to be staged;

vi. a comprehensive summary of the monitoring results of the development, which have been reported in accordance with the various plans and programs approved under the conditions of this consent;

vii. how complaints about the development can be made;

viii. any independent environmental audit, and the Applicant’s response to the recommendations in any audit; and

ix. any other matter required by the Planning Secretary; and

b) keep this information up to date.

R B12

Observation Biodiversity Offsets

Prior to carrying out any development that could directly or indirectly impact the biodiversity values requiring offset, the Applicant must retire biodiversity credits of a number and class specified in Table 1 below. The retirement of these credits must be carried out in accordance with the NSW Biodiversity Offsets Scheme and can be achieved by:

a) acquiring or retiring ‘biodiversity credits’ within the meaning of the Biodiversity Conservation Act 2016;

b) making payments into an offset fund that has been developed by the NSW Government; or

Non-compliance: IAPAR 2020 stipulates that the initial independent audit must be carried out within 12 weeks of the commencement of construction. While construction for the project began on 29 August 2024, the first audit took place on 17 December 2024, which was beyond the required timeframe.

Recommendation: Conduct future independent environmental audits in accordance with the timeframes specified in IAPAR 2020

IA2 update:

The second Independent Audit (this audit) was undertaken in accordance with the timeframe specified in the IAPAR 2020.

Non-compliance: The SSD (45242780) approval and a comprehensive summary of monitoring results of the development to date are not available in the project website.

Recommendation: review the project website to ensure that all information require under Condition C20 is available

IA2 update:

The auditee response to IA1 findings showed it had updated the project website including monitoring results. The auditee response included an image of the website with the access to the monitoring result.

Note: The auditor has closed this findings in IA1 however, during IA2 the monitoring section in the website had been removed and therefore the auditor has raised this non-compliance for the current audit (refer to Table 5)

Observation: The Applicant has retired all biodiversity credits for the species listed in B12, except for Prasophyllum sp. Wybong This appeared to be an administrative mistake as BCT had advised the Applicant that it could not accept payment for Species Prasophyllum sp. Wybong as it is not listed under the BC Act.

During this audit, the applicant further consulted with BCT who advised that it could instead provide a quote for Prasophyllum sp. Petilum. In response the applicant submitted in January 2025 an application to BCT for the retirement of credits of Prasophyllum Petilum which is listed under the BCT.

Application for the retirement of credits for Prasophyllum petilum submitted to BCT on 22 January 2025.

Recommendation: Notify the Department of the alternative arrangements made for the retirement of credits associated with Prasohyllum sp in accordance with Condition B12 given that Prasophyllum sp. Wybong is not listed under the BC Act.

IA2 update::

This finding was reported to the Department as non-compliance during the audit period The auditor has closed this IA1 observation as the auditee complied with the recommendation in IA1. The auditor has included it

c) funding a biodiversity conservation action that benefits the entity impacted and is listed in the ancillary rules of the biodiversity offset scheme.

1. Auditor’s recommendation. The recommended action does not preclude the need for all non-compliances to be reported by the proponent in accordance with the terms of the consent

2. At the time of finalising this Audit Report

as a non-compliance in Table 5 as per notification to the Department

Table 5: Status of findings from the Secon Independent Audit (IA2)

Non-compliance Biodiversity Offsets

a) acquiring or retiring ‘biodiversity credits’ within the meaning of the Biodiversity Conservation Act 2016;

b) making payments into an offset fund that has been developed by the NSW Government; or

c) funding a biodiversity conservation action that benefits the entity impacted and is listed in the ancillary rules of the biodiversity offset scheme.

Non-compliance: A Non-Compliance Notification Letter (NGH, 14 April 2025) was submitted to the Department, noting that payments made into the Biodiversity Conservation Fund intended to satisfy the obligations under Condition B12 for the retirement of biodiversity credits were completed in error, as they did not include Prasophyllum sp. Wybong. It indicated that the Biodiversity Conservation Trust (BCT) had advised that payments to the Biodiversity Conservation Fund can only be accepted for liabilities under the Biodiversity Conservation Act 2016 (BC Act ) Prasophyllum sp. Wybong is only listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (and not under the Biodiversity Conservation Act 2016) and therefore the BCT cannot accept a payment for this species

DPHI, in letter dated 1/05/25, responded to the above matter indicating that the noncompliance report generally satisfied the reporting requirements of C11. DPHI acknowledged that a resolution of the issue is still underway at the time of the notification and the Proponent is working with DCCEEW to resolve this matter. It also required that withing 2 months of the DPHI letter, a report be submitted to DPHI outlining the consultations with relevant department to resolve and / or achieve compliance with Condition B12.

Notification of Department

Prior to commencing the construction, operations, upgrading or decommissioning of the development or the cessation of operations, the Applicant must notify the Department in writing via the Major Projects website portal of the date of commencement, or cessation, of the relevant phase.

If any of these phases of the development are to be staged, then the Applicant must notify the Department in writing prior to commencing the relevant stage, and clearly identify the development that would be carried out during the relevant stage.

No recommendation for this non-compliance required as the Proponent is currently working with the Department and Commonwealth DCCEEW to resolve the non-compliance by means of a Modification Application. The finding remains open until the Modification is submitted and then approved by DPHI.

This item is closed as the notification was submitted to DPHI and DPHI, in correspondence dated 11 June 2025 reminded the Applicant of the requirement to submit notifications regarding dates of commencement of construction prior to commencing any such works.

IA202 C7 Non-compliance

CLOSED

IA203 C14 Non-compliance Independent Environmental Audit

IA204 C20 Non-compliance Access to Information

The Applicant must:

a) make the following information publicly available on its website as relevant to the stage of the development:

i. the EIS;

ii. the final layout plans for the development;

iii. current statutory approvals for the development;

iv. approved strategies, plans or programs required under the conditions of this consent (other than the Fire Safety Study and Emergency Plan);

v. the proposed staging plans for the development if the construction, operation and/or decommissioning of the development is to be staged;

vi. a comprehensive summary of the monitoring results of the development, which have been reported in accordance with the various plans and programs approved under the conditions of this consent;

vii. how complaints about the development can be made;

viii. any independent environmental audit, and the Applicant’s response to the recommendations in any audit; and

ix. any other matter required by the Planning Secretary; and

b) keep this information up to date.

Prior to commencing construction of the battery storage, the Applicant must prepare a Fire Safety Study for the development, to the satisfaction of FRNSW and the Planning Secretary in writing. The study must:

a) be consistent with the Department’s Hazardous Industry Planning Advisory Paper No. 2 ‘Fire Safety Study’ guideline;

b) describe the final design of the battery storage;

c) include reasonable worst-case bush fire scenario to and from the battery storage and the associated bush fire management; and

d) identify measures to eliminate the expansion of any fire incident including:

i. adequate fire safety systems and appropriate water supply;

ii. separation and / or compartmentalisation of battery units; and

iii. strategies and incident control measures specific to the battery storage design.

Following approval by the Planning Secretary, the Applicant must implement the measures described in the Fire Safety Study.

Non-compliance: The applicant’s original response to Independent Audit No. 1 (IA1) did not address the observations / opportunities for improvement, as required under IAPAR 2020.

It is however noted that the Applicant subsequently submitted a report to DPHI addressing the observation raised in IA1 (refer to Appendix A C14 for details).

Non-compliance: The project website does not include a comprehensive summary of the monitoring results for the development or the Applicant’s response to the findings of Independent Audit No. 1

This item is closed as all findings of IA1 have now been reported to DPHI.

Upon request from Akaysha FRNSW indicated on the 13 June 2025 that it supports in-principle the staging of the FSS to allow FRNSW endorsement of the FSS prior to energisation of the Project as long the BESS units are stored in accordance with FRNSW Position Station.

Recommendation: Update the project website and include the monitoring results for the development and the applicant’s response to the findings of Independent Audit No. 1

Recommendation: discuss with the Department and agree on the timing of FRNSW endorsement and Department’s approval of the FSS

Note: ‘to the satisfaction of FRNSW’ above means confirmation in writing from FRNSW that the Study meets the requirements of FRNSW as required by the Department’s Hazardous Industry Planning Advisory Paper No. 2 ‘Fire Safety Study’ guideline.

B34 Observation Accommodation and Employment Strategy

Prior to commencing construction, the Applicant must prepare an Accommodation and Employment Strategy for the development in consultation with Council and Mid-Western Regional Council. This strategy must:

a) propose measures to ensure there is sufficient accommodation for the workforce associated with the development;

b) consider the cumulative impacts associated with other State significant development projects in the area;

c) investigate options for prioritising the employment of local workers for the construction and operation of the development, where feasible; and

d) include a program to monitor and review the effectiveness of the strategy over the life of the development, including regular monitoring and review during construction.

The Applicant must provide a copy of the Accommodation and Employment Strategy to the Planning Secretary prior to commencement of construction, and implement the plan throughout construction.

Observation: Project records indicate that the Applicant has not implemented some of the commitments of the Accommodation and Employment Strategy (AES) during the reporting period. There are no records of monthly meetings with Councils, or evidence of attendance to community meetings and liaison with local businesses during the reporting period.

Recommendation: Ensure that the AES is implemented during the entire construction period.

1. Auditor’s recommendation. The recommended action does not preclude the need for all non-compliances to be reported by the proponent in accordance with the terms of the consent.

2. At the time of finalising this Audit Report.

3.3 Adequacy of Environmental Management Plans, sub-plans and post approval documents

A review of the current Project ‘management plans, including the Environmental Management Strategy, the BMP, the Traffic Management Plans (TMPs) and the AES (for references refer to Section 3.1) indicated that the plans are generally compliant with the requirements of the SSD45242780 and generally appropriate for the works undertaken at the time of the audit.

During the audit period, the auditee made a request to the Department to stage the TMP provisions, including a split of Stage 2 as follows (for details refer to Appendix A):

Stage 2a: Onsite Construction activities of the BESS comprising of all remaining works, excluding movements with high-risk heavy vehicles requiring escort.

Stage 2b: remaining movements with high-risk heavy vehicles requiring escort.

The Department approved the request to stage the TMP provisions in correspondence 10 March 2025, requiring that updates to the TMP are made prior to the commencement of each stage. A Stage 2a TMP (7 March 2025) was prepared by Amber, which was approved by the Department on 13 March 2025. A Stage 2b TMP (17 April 2025) was prepared by Amber, which was approved by the Department on 14 May 2025. The audit site inspection and review of project records indicated that the auditee has implemented the TMPs during the audit period. This is further discussed in Section 3.5.

No clearing occurred during the reporting period. During site inspection, the implementation of the BMP was observed on site including protection of vegetation retained within the site, boundary fencing to protect vegetation outside the disturbance boundary, the presence of nest boxes installed in trees within and adjacent to the site (refer to photos in Appendix E), environmental inspections and environmental induction training. Spring clearing, which occurred in the previous audit reporting period, was considered in the approved BMP. IA1 reported a non-compliance regarding spring clearing, indicating that there was no evidence that the removal of hollow-bearing trees during spring was avoided in accordance with B14(iv) to avoid the main breeding period for hollow-dependent fauna. It was however noted then that the approved BMP anticipated vegetation clearing during the local breeding season being June to November and included measures to mitigate impacts associated with it, including a Hollow-Bearing Tree (HBT) Clearing Protocol.

Section 5.3.2 of the BMP explicitly states: “As vegetation clearing will occur during local breeding and torpor seasons, being June to November inclusive, a written assessment by the Project Ecologist justifying clearing activities (i.e., no impact to breeding or torpor habitat) must be recorded and made available to DPE prior to works.” An ecologist written statement dated 12/09/2024 was prepared and was submitted to the Department on 13/09/2024, including notification of commencement of HBT removal on the 13/09/2024. Project records indicated that mitigation measures were implemented in accordance with the BMP. The auditor reported in IA1 that the Applicant has complied with the approved BMP, but it reported the spring clearing as a non-compliance against Condition B14(iv). The auditor assumed that the Department was aware of the proposed timing of clearing and was satisfied with the mitigation proposed in the BMP.

Other environmental controls were observed to be implemented in accordance with the management plans, including the management of water, noise and dust. No complaints relating to these issues have been received during the audit period. Three (3) water carts are located on site,

available on a full-time basis to suppress dust. No dust was observed during the site inspection. Sediment controls are in place in accordance with the Project’s Erosion and Sediment Control Plan. It includes 4 sediment basins for 4 different site sub-catchments. The sediment basins were inspected during the audit site inspection (refer to photos in Appendix E). The 4 basins were observed in good condition and evidence of off-site water pollution could be noted. Other sediment and erosion control measures observed included boundary sediment fencing, bunding and drainage to basins.

3.4 Summary of notices from agencies

To the Auditor’s knowledge no formal enforcement notices, orders or penalty notices were issued by the Department or other agencies during the audit period

The auditees noted that there were no written directions from the Planning Secretary other than requests for information associated with the retirement of offset credits (reported in Appendix A B12 and C11 and Section 3.3), a complaint related to spring clearing and potential impacts on Powerful Owl (reported in Appendix A B14 and Section 3.6) and the responses to documentation submitted for approval or requests as reported in Appendix A. These include applicant requests to stage the Traffic Management Plan (refer to C3), request to vary vehicle numbers (refer to B1) and request to increase construction hours (refer to B17). Communications with DCCEEW’s CPHR regarding potential impacts associated with the unexpected find of a powerful owl nest during the initial clearing phase in spring are detailed in Appendix A under Condition B14.

Communications with the Department and other agencies as part of the implementation of the consent are discussed in Appendix A.

3.5 Other matters considered relevant by the Auditor or DPHI / Agencies / Council

There were no other matters considered relevant by the Auditor.

Feedback provided by the Department is detailed in Section 2.2.3. Table 1 provides details of the Departments consultation feedback and provides references to the section of the audit where each requirement is addressed.

Consultation was undertaken with Council and agencies as requested by the Department (refer to Section 2.2.3 and Appendix C). The auditor’s responses to the feedback provided are addressed below

Dubbo Regional Council

“The only matter of significance is the issuing of a Construction Certificate by a private certifier –James Maltby (Maltby Certificate Group Pty Ltd).”

Two Construction Certificates have been issued to the project as follows:

 Construction Certificate No. CCMCG40/2025 issued on 14 February by James Maltby of Maltby Certification Group Pty Ltd for the BESS (400mW) including ancillary Switchgear and Control Buildings

 Construction Certificate No. CCMCG40/2025/02 issued on 21 May 2025 by James Maltby of Maltby Certification Group for the Wellington Substation extension and supporting electrical infrastructure associated with the BESS

The auditee advised that no other CCs are required for the project. Further discussion on CCs is provided in IA1.

Environment Protection Authority (EPA)

The EPA was consulted on 8 May 2025 and provided a response on 28 May 2025, noting that “The EPA are satisfied with the scope outlined in Section 3.3 of the IAPAR and have no comments or feedback.”

Transport for NSW

TfNSW was consulted on 8 May 2025 and provided a response on 28 May 2025. TfNSW requested that the following matters be addressed within the audit:

 “Review of the current operation of the access intersection and compliance with the increase in traffic volume as per the agreed secretary approval dated 16 April 2025

 Compliance with the requirements of the Traffic Management Plan

 Compliance with conditions of consent particularly Part B conditions B1 to B10 ”

The audit site inspection and review of project records indicated that the auditee has implemented the TMPs (references in Section 3.2) during the audit period. The traffic movement register for April and May 2025 showed that light and project heavy vehicle movements were within the limits in Condition B1 and those approved by the Department in correspondence dated 16 April 2025 (traffic movement limits are documented in the TMPs). The site is provided with sufficient parking for all vehicles, with no parking on the public road network observed during the site visit or otherwise recorded during the audit period. Speed limits are applied in internal roads, with signage provided for 10km/h and 25km/h speed limits depending on the site road (refer to photos in Appendix E). Four x 14 seater shuttle buses are reportedly operating on site. The use of shuttle buses is documented in the TMPs. Approved travel routes are documented in the TMPs and are implemented through inductions and notifications to truck companies and employees. The auditee implements a Driver’s code of conduct which addresses, amongst other items, drivers fatigue, traffic routes and safe driving practices. The access intersection has achieved practical completion and is fully operational. No issues associated with the operation of the intersection have been reported.

No compliance issues were identified during the audit associated with Conditions B1 to B10 (refer to Appendix A).

NSW DCCEEW CPHR

NSW DCCEEW CPHR was consulted and a response was provided in letter dated 19 May 2025. NSW DCCEEW CPHR referred to its letter to IA1 which advised confirmation of compliance with B12 (retirement of biodiversity credits) and implementation of actions within the BMP particularly in relation to B14(b)(iv) (avoidance of clearing in spring). It also referred to email received from ecological consultant advising that a Hollow Bearing Tree was removed on 21 September 2024, and that HBT was later identified as an inactive powerful owl next. It further noted:

“Independent environmental audit to focus on the requirement for the proponent to avoid clearing of hollow bearing trees during spring. This is required in accordance with condition B14(b)(iv), to avoid the main breeding period for hollow-dependant fauna.”

No clearing was undertaken during the current audit reporting period covering the period 18 December 2024 to 4 June 2025. It is understood that no further clearing is required for the project.

Clearing undertaken during spring was reported as a non-compliance in IA1 as discussed in Section 3.3 For details of spring clearing and implementation of the Biodiversity Management Plan during clearing activities refer to Section 3.3, IA1 and Appendix A.

Heritage NSW

Heritage NSW was consulted on 8 May 2025 and a response was provided on 26 May 2025. Heritage NSW requested. It requested the following:

“consider as a part of the audit scope any conditions relating to heritage within the Conditions of Consent for the project and any approved Management Plans. It is recommended that the Department of Climate Change, Energy, the Environment and Water Compliance Team be contacted via compliance@planning.nsw.gov.au to determine if there is any non-compliance with Conditions of Consent for the project.”

Contact was established with compliance@planning.nsw.gov.au as part of the audit consultation. Conditions B23 and B24 relate to heritage protection, including requirements for the development not to cause any direct or indirect impacts on Aboriginal heritage items located outside the project footprint, and preparation of a Chance Finds Protocol respectively.

As discussed in Appendix A, no unexpected heritage findings have been reported to date. The construction footprint is fenced, and construction works are contained within the site. An exclusion zone (including fencing) has been installed around the culturally modified tree located outside the site and requiring protection under the EIS (refer to Photos in Appendix E and other details provided in Section 3.8 (Table 6)).

A Chance Finds Protocol, Version 3 dated 12 July 2024, was prepared by Virtus Heritage for Akaysha in accordance with Condition B24. The Department, in correspondence dated 19 July 2024 to Akaysha, noted that no further comments on the Chage Finds Protocol (V3) at this time and instructed that the documents be made publicly available on the project website at the earliest convenience. The document is available on the project website

Water Group of DCCEEW

NSW DCCEEW Water Group was consulted on 8 May 2025 and a response was provided in letter dated 12 May 2025.

NSW DCCEEW Water Group requested that the audit address compliance with the following specific elements of the consent conditions and related legislative requirements in a manner consistent with the above audit scope:

“The requirement to prepare and implement management plans that relate to water sources and their dependent ecosystems and users, and associated impact management and mitigation. These plans may include:

◦ Water Management Plans and related sub-plans e.g., Site Water Balance, Erosion and Sediment Control Plan, Stormwater Management Plan, Surface and Groundwater Management Plan.

◦ Extraction Plans and related sub-plans e.g., Water Management Plan, Subsidence Management Plan.”

SSD 45242780 requires the preparation of an Environmental Management Strategy (EMS) and includes conditions related water supply (B25), water pollution (B26) and operating conditions (B27) including minimisation of soil erosion and sediment generation, reduce impacts on surface water, localised flooding and groundwater. The SSD does not specifically require the preparation of a Water Management Plan, Surface and Groundwater Management Plan, Site Water Balance, Extraction Plan or Subsidence Management Plan. In addition to the EMS, the auditee’s contractor prepared a Construction Environmental Management Plan (CEMP) (CPP, March 2025) which includes a Water Management Plan and a Soil Erosion, Sedimentation and Drainage Management Plan. A sediment and erosion control plan has been prepared and implemented as discussed in Section 3.3.

“The requirement to prepare and implement trigger action response plans for water source impacts which set clearly defined limits and actions. This is to be reported on within annual and exceedance-based reporting.”

Refer to above. The CPP’s CEMP includes criteria for discharges of stormwater captured in the site’s sediment basins. SSD 45242780 does not include requirements for annual reporting but requires that non-compliances and incidents be reported to the Department. No incidents or noncompliances related to water have been reported during the reporting period.

“Water supply availability is clearly defined for the project.”

Water supply for the project is reportedly provided from the site sediment basins and from a register bore located on site. In addition, it is understood that the auditee purchases water from Council which is trucked to the site. The licence for the groundwater bore issued to the auditor during the audit was referenced as Certificate of Title Water Management Act 2000 Reference number 80AL719238 - WAL Title references WAL35105, WAL40474, WAL35136, WAL41638 issued in 2014, 2020 and 2021). The conditions for the water access licence were not available in the documentation provided.

Refer to above. Water consumption data and records were not provided to the auditor.

Water metering at the site is in accordance with the NSW Non-Urban Metering Framework where relevant.

The auditee advised that there is no water metering for the project

Water Access Licence/s used to account for water take by the project nominates the work where the water is being taken from.

The bore licence documentation provides details of water source and applicable Water Sharing Plan.

“Annual reporting clearly documents; 1) water take, use and water source impacts, 2) compares results with previous years, and 3) identifies exceedances and how these are managed/mitigated.”

As indicated above, SSD 45242780 does not include requirements for annual reporting. The auditor is not aware of any reporting undertaken by the auditee outside the SSD 45242780 approval or that undertaken under legislation such the Water Management Act

3.6 Complaints

In accordance with Condition C20, the project website https://community.akayshaenergy.com/Complaints-Register provides the project’s complaint management system with the steps to be undertaken in the event of a complaint, including timeframes for resolving the complaint, investigation, escalation and recording and registering the complaint.

The project maintains a complaint register. Projects records provided by the auditee indicated that one complaint was recorded during the reporting period relating to tree clearing during spring. The auditor notes that this event occurred during the previous reporting period and was addressed in IA1 (for details refer to IA1) The information below reflects communications with the Department on this matter during the reporting period.

On 12 March 2025, the Department DPHI received a complaint regarding the project, alleging a potential breach of Condition B14(b)(iv) of the project’s planning approval. The concern related to the removal of Hollow Bearing Tree (HBT) 21B during the spring breeding season (September–November), a period recognised as sensitive for hollow-dependent fauna, such as the Powerful Owl. The tree was later identified as an inactive Powerful Owl nest

On the 30 March 2025, the Department communicated the complaint to Akaysha and requested information on the event, including (but not limited to) a comprehensive account of the clearing activities, clearing records, approvals, ecological assessments, timing of works, and the management of any unexpected finds. A formal submission was provided by Akaysha’s Project Manager on 17 April 2025, outlining the mitigation strategies implemented, environmental compliance measures taken, implementation of the approved Biodiversity Management Plan (BMP), ecologist’s pre and post clearance reports and other supporting information

Based on the information submitted, the Department, in correspondence dated 30 April 2025 advised Akaysha that it required no further information and that it had closed out the complaint

3.7 Incidents

The auditee maintains incident records in the platform SureWorkx. During this audit period, no incidents, as defined in SSD-45242780, were recorded. Incidents reported during the audit period included minor safety or environmental events. The spring clearing event and powerful owl nest find were recorded as a complaint (refer to Section 3.6) and an unexpected find respectively, and the details of these are discussed in Appendix A Condition B14).

3.8 Actual versus predicted impacts

The Audit considered the actual impacts based on the site inspection and review of records, on whether they are consistent with the relevant impacts predicted in the development consent’s environmental assessment documentation.

The EIS and RtS included a range of studies and predictions that relied on observation, measurement and modelling of the existing environments and potential outcomes arising from the Project. Full assessment of the accuracy of these predictions would also require a significant number of studies involving measurement and modelling using actual data points as inputs. Other than considering the construction requirements specified in the conditions and mitigation measures, to the Auditor’s knowledge there are no requirements to undertake such studies and doing so does not form part of this Audit. Any such comparison is qualitative only.

The works observed and the impacts therein appear to be generally consistent with those identified in the EIS documents. A summary of the assessment is presented in Table 6.

Table 6: Summary of Predicted Versus Actual Impacts for key construction assessment issues

Biodiversity The Project (as amended with MOD1) would result in the loss of 14.22 ha of native vegetation being Plant Community Type (PCT) 266 White Box grassy woodland

The Project would result in the removal of 53 hollow bearing trees with 162 hollow bearing trees to be retained on the site.

The updated BDR (updated as part of MOD1) included the Masked Owl as a candidate species requiring offset.

The Department recommended the preparation of a Biodiversity Management Plan (BMP) in consultation with BSC to ensure remaining biodiversity values on site are appropriately managed and maintained.

Aboriginal Cultural Heritage Site surveys undertaken in consultation with Registered Aboriginal Parties (RAPs) identified no Aboriginal cultural heritage items on site. One culturally modified tree was identified approximately 150 m to the south of the development footprint. This site would be avoided and an exclusion zone would be established to avoid any incidental harm.

The Department has recommended a condition requiring Akaysha prepare a Chance Finds Protocol for the project.

Historic Heritage

The site and surrounds are not subject to any Commonwealth or State historic heritage listings.

While no locally listed heritage items occur within the site, the curtilage of two local heritage listed homesteads (Nanima Homestead and Keston Homestead) adjoin the site boundary.

The Nanima Homestead (R1) and its associated buildings would be located around

A BMP was prepared and then revised following approval of MOD1. The revised BMP (Rev G, 8/11/24) included the increased Project footprint from MOD1 and the inclusion of a Masked Owl Management Plan, as the threatened species were observed during a preclearing survey.

Two stage clearing and pre-clearing inspections undertaken as part of the implementation of the BMP. Clearing was supervised by specialist ecologists NGH through pre-clearance inspections and checks as detailed in Appendix A.

An exclusion zone (including fencing) has been installed around the culturally modified tree (refer to site photos in Appendix E).

A Chance Finds Protocol, Version 3 dated 12 July 2024, was prepared by Virtus Heritage for Akaysha, in consultation with Aboriginal Stakeholders and Heritage NSW.

No impacts on the Nanima Homestead and Keston Homestead were observed during the site inspection or noted in project records. No complaints have been received during the audit period on the Project.

Aspect Summary of Impacts

640 m from the BESS and 200m from the proposed access track, and the Keston Homestead buildings would be 500 m and 1.3 km away. Neither homestead would be physically impacted by the project.

Traffic, Transport and Accessibility

Noise and Vibration

The main increase in traffic would occur over the 18-month construction period, generating, at its peak, up to 35 heavy vehicle movements per day. Up to six heavy vehicles requiring escort would be required for the delivery of larger plant and equipment during construction.

The Department recommended restricting vehicle movements during peak times (6-7 am and 5-6 pm), to prevent queuing on the public road network and manage the flow of vehicles entering and exiting the site.

Heavy vehicles delivering plant during construction would travel from the Port of Newcastle, via the State road network, using Goolma Road to access the site from the north. Heavy vehicles delivering other construction equipment and materials would access the site via Goolma Road from the Mitchell Highway to the south. All roads along these routes are approved B-double routes.

Traffic modelling indicated that the proposed transport route has sufficient capacity to accommodate the construction traffic associated with the project. No road upgrades (other than for the site access) are required

Nine non-associated residential receivers are located within 1.5 km of the site, with the closest (R1) being located approximately 200m south of the proposed access road and approximately 640 m from the BESS.

Noise generated by construction activities was predicted to be below the ‘highly noise affected’ criterion of 75 dB(A) for all residential receivers under EPA’s Interim Construction Noise Guideline (ICNG).

Construction noise levels were predicted to comply with the ‘noise affected’ criterion under the ICNG at all non-associated residential receivers, except for receiver R1, where an exceedance of up to 3 dB(A) is predicted when simultaneous operation of the three noisiest items of equipment occurs within 700 m of the dwelling. This exceedance represents a worst-case scenario which is unlikely to occur for an extended period, and Akaysha has committed to continuing to offer a neighbour agreement to R1 to mitigate impacts.

CPP monitors vehicles movements and prepares Monthly Vehicle Movements reports. Monthly Vehicle Movement reports detailing the number of heavy and light vehicles every day and during peak and off-peak hours are prepared by the auditee A review of the Monthly Vehicle Movements reports during the reporting period (heavy, light and during peak hours) indicates that the actual project vehicle numbers are generally consistent with those reported in the EIS and complied with the limits in Condition B1 those subsequently approved by the Department in correspondence dated 16 April 2025 (refer to Appendix A)

No noise complaints have been received to date. EnviroScience Solutions undertook unattended environmental noise monitoring at 3 locations around the site for a period of a week from Monday 17/03/25 to Sunday 30/03/25. Two monitoring stations showed exceedances for the night time when no works were taking place. The third station showed some exceedances for the day time and evening periods on two days, however other measures were generally below the criteria.

Aspect Summary of Impacts

No vibration impacts are predicted at any vibration sensitive receivers based on separation distances exceeding 200 m.

Water quality

The project is not located on flood prone land and would be designed to transfer catchment flows around the site in a stable manner

The project would involve minimal excavations, and with the implementation of appropriate contamination controls, groundwater impacts were considered unlikely.

Water quality impacts during construction would be managed by contamination controls and erosion and sediment control measures.

During the audit site inspection sediment controls were observed in place, including sediment fences and 4 sediment basins covering the different site sub-catchments (refer to photos in Appendix E).

There were no reportable environmental incidents during the audit period

The works were within the approved boundary (as best as could be confirmed by visual inspection only).

Based on the site inspection, document review and high degree of compliance, works appear to be consistent with the approved layout plans and the environmental impacts are mostly qualitatively well within that predicted by the EIS and RtS.

4. CONCLUSIONS

This Audit Report presents the outcomes of the second independent audit (IA2) for the construction of the Orana BESS Project (State Significant Development SSD-45242780) covering the period from 17 December 2024 to 4b June 2025 (the ‘audit period’). Conditions applicable to prior to the commencement of construction were also covered by the Audit.

The Audit was undertaken in accordance with the SSD-45242780 Condition of Consent C14 and the NSW Government’s lndependent Audit Guideline Post Approval Requirements (IAPAR),2020. Works undertaken during this period included completion of construction of the Goolma Road intersection works, civil works underway (cut and fill activities), civil structural (conduits and drainage, megapack and transformer foundations, slabs, commencement installation of transformers) and Wellington substation extension (connection). The site inspection was conducted on 4 June 2025

The overall outcome of the audit was generally positive. Compliance records were organized and available at the time of the site inspection, during interviews with Akaysha and upon request to the auditee. Relevant compliance documentation and records were being collected and reported as required to provide verification of compliance with statutory requirements. No reportable incidents were recorded during the audit period. A single complaint was reported and closed during the reporting period. Some findings and recommendations were made during the audit and are reported in Appendix A, Section 3.2 and summarised below.

In summary:

 There were sixty-five (65) Conditions assessed.

 Fifty (50) Conditions were considered by the Auditor to be compliant.

 Four (4) non-compliances were identified during this Audit, primarily of an administrative nature and related to:

o retirement of biodiversity offsets (B12);

o notification of commencement of Stage 2b works (C7);

o the content of the auditor’s response to audit findings (C14); and

o project website content (C20).

Non-compliances with C7 and C14 were closed during the audit

 Two (2) observations were made related to:

o the timing of approval of the Fire Safety Study (B28); and

o implementation of the Accommodation and Employment Strategy (B34).

 Eleven (11) Conditions were considered by the Auditor to be not triggered.

 All findings from the first independent audit (IA1) were closed.

The Auditor would like to thank the auditees for their high level of organisation, cooperation, and assistance during the Audit.

LIMITATIONS

This Document has been provided by WolfPeak Group Pty Ltd (WolfPeak) to the Client and is subject to the following limitations:

This Document has been prepared for the particular purpose/s outlined in the WolfPeak proposal/contract/relevant terms of engagement, or as otherwise agreed, between WolfPeak and the Client.

In preparing this Document, WolfPeak has relied upon data, surveys, analyses, designs, plans and other information provided by the Client and other individuals and organisations (the information). Except as otherwise stated in the Document, WolfPeak has not verified the accuracy or completeness of the information. To the extent that the statements, opinions, facts, findings, conclusions and/or recommendations in this Document (conclusions) are based in whole or part on the information, those conclusions are contingent upon the accuracy and completeness of the information. WolfPeak will not be liable in relation to incorrect conclusions should any information be incomplete, incorrect or have been concealed, withheld, misrepresented or otherwise not fully disclosed to WolfPeak.

With respect to conditions relating to compliance with the design, Building Codes of Australia (BCA) or satisfaction of the Independent Verifier / Certifier / Certifying Authority, the Independent Audits relied on confirmation from the Independent Verifier / Certifier / Certifying Authority that this is the case. The Independent Audits do not extend to an assessment of the works against the design or BCA requirements themselves, nor did they examine the steps the Independent Verifier / Certifier / Certifying Authority has taken to verify that the design is compliant.

The assessment of actual impacts and those predicted in the Environmental Impact Assessment(s) was a highlevel assessment qualitative assessment only. The Environmental Impact Assessment(s) include a voluminous number of studies and predictions that relied on observation, measurement and modelling of the existing environments and potential outcomes arising from the Project (including mitigation measures). Full assessment of the accuracy of these predictions would also require a significant number of studies involving measurement and modelling using actual data points as inputs. Other than the requirements specified in the report, to the Auditor’s knowledge there are no requirements to undertake such studies and doing so does not form part of this Independent Audit.

Audits of all post approval documents prepared to satisfy the conditions, including an assessment of the implementation of Environmental Management Plans and Sub-plans, adopts a Judgement Based Sampling approach. Judgement Based Sampling is the process of selecting a sample of commitments and evidence from within the total available data set (population) to obtain and evaluate evidence about some characteristic of that population, in order to form a conclusion concerning the population.

This Document has been prepared for the exclusive benefit of the Client and no other party. WolfPeak bears no responsibility for the use of this Document, in whole or in part, in other contexts or for any other purpose. WolfPeak bears no responsibility and will not be liable to any other person or organisation for or in relation to any matter dealt with in this Document, or for any loss or damage suffered by any other person or organisation arising from matters dealt with or conclusions expressed in this Document (including without limitation matters arising from any negligent act or omission of WolfPeak or for any loss or damage suffered by any other party relying upon the matters dealt with or conclusions expressed in this Document). Other parties should not rely upon this Document or the accuracy or completeness of any conclusions and should make their own inquiries and obtain independent advice in relation to such matters.

To the best of WolfPeak’s knowledge, the facts and matters described in this Document reasonably represent the Client’s intentions at the time of which WolfPeak issued the Document to the Client. However, the passage of time, the manifestation of latent conditions or the impact of future events (including a change in applicable law) may have resulted in a variation of the Document and its possible impact. WolfPeak will not be liable to update or revise the Document to take into account any events or emergent circumstances or facts occurring or becoming apparent after the date of issue of the Document.

APPENDIX A – SSD 45242780 CONDITIONS OF CONSENT

PART A ADMINISTRATIVE CONDITIONS

OBLIGATION TO MINIMISE HARM TO THE ENVIRONMENT

A1 In meeting the specific performance measures and criteria in this consent, all reasonable and feasible measures must be implemented to prevent, and if prevention is not reasonable and feasible, minimise, any material harm to the environment that may result from the construction, commissioning, upgrading, operation, decommissioning or rehabilitation of the development.

TERMS OF CONSENT

A2 The development may only be carried out:

a) in compliance with the conditions of this consent;

b) in accordance with all written directions of the Planning Secretary;

c) generally in accordance with the EIS; and

d) generally in accordance with the Development Layout in Appendix 1.

Evidence referred to elsewhere in this table.

Site inspection and interview with auditees 4/06/2025

Site photos – Appendix E

Development Consent - Orana Battery Energy Storage System SSD 45242780 approved by Executive Director Energy, Resource and Industry Assessments on 22/12/2023

Mod-1 SSD 45242780 : Additional construction laydown area and permanent fill batters approved on 26/09/2029 by DPHI

Environmental Impact Assessment Orana Battery Energy Storage System Final v2.1 18/04/2023 prepared by NGH

Construction Certificate No. CCMCG40/2025 issued on 14/02/2025 by James Maltby of Maltby Certification Group Pty Ltd for the BESS including ancillary Switchgear and Control Buildings

Construction Certificate No. CCMCG40/2025/02 issued on 21/05/2025 by James Maltby of Maltby Certification Group for the Wellington Substation extension and supporting electrical infrastructure associated with the BESS

TfNSW Notice of Provisional Practical Completion dated 13/02/2025, re: WAD Wuuluman CHR(S) BAL MR 633 Goolma Road WST24/00057

Weekly Site Inspection Reports by CPP

08/05/2025

15/05/2025

22/05/2025

31/01/2025

The review of project records and the visual inspection of the site indicated that the applicant have implemented reasonable and feasible measures to prevent environmental impacts.

The auditees noted that there were no written directions from the Planning Secretary other than requests for information associated with the retirement of offset credits (reported in B12 and C11), a complaint related to spring clearing and impacts on Powerful Owl (reported in B14) and the responses to documentation submitted for approval or requests as reported elsewhere in this table. These include applicant requests to stage the Traffic Management Plan (refer to C3), request to vary vehicle numbers (refer to B1) and request to increase construction hours (refer to B17).

Development was observed to be generally carried out in accordance with the EIS, and the approved plans prepared for the project.

The Goolma Road intersection works have been completed in accordance with the consent. A notice of Provisional Practical completion was issued by TfNSW on 13/02/2025.

Construction Certificates have been issued to the project:

Construction Certificate No. CCMCG40/2025 (CC1 14/02/2025): Battery Energy Storage System (400mW) including ancillary Switchgear and Control Buildings

Construction Certificate No. CCMCG40/2025/02 (CC2) 21/05/2025: Wellington Substation extension and supporting electrical infrastructure associated with the Orana Battery Energy Storage System.

The approved documents under CC2 that the certifier relied on are:

o Long Service Leave Levy $8,902.00 paid 08/11/2024 (Receipt No. L0000169148)

o Structural Engineering Design Plans prepared by TransGrid Project No. WL1200 including Footing Layout & Details for 4m High Light Pole, Concrete Earth wire Pole, Surge Arrestor Supporter Transformer Support, Circuit Breaker & Post Insulator Support.

o Civil Engineering Design Plans prepared by TransGrid Project No. WL1200 including General Notes, Earthworks Bench Plan & Sections, Grading Layout, Demolition Plan, Drainage Layout & Pit.

Compliant

A3 The Applicant must comply with any requirement/s of the Planning Secretary arising from the Department’s assessment of:

a) any strategies, plans or correspondence that are submitted in accordance with this consent;

b) any reports, reviews or audits commissioned by the Department regarding compliance with this consent; and

c) the implementation of any actions or measures contained in these documents.

Letter 04/03/2024 DPHI-Akaysha re: Approval to increase the approved capacity of the battery energy storage system

Letter 20/11/2024 DPHI-Akaysha re: Stage 1 Road Upgrade – OOHW

Letter 3/03/25 Akaysha-DPHI re: Request to stage the TMP

Letter 10/03/25 DPHI-Akaysha re: Revised Traffic Management Plan Staging Orana BESS TMP dated 10/04/25 by CPP

Stage 2a Traffic Management Plan Rev C 7/03/25 by Amber

Letter 13/03/25 DPHI-Akaysha re: Approval of TMP Stage 2a

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TMP Stage 2b

Letter 7/04/25 Akaysha-DPHI re: Request to increase vehicle movements in relation to Condition B1

Letter 16/04/25 DPHI-Akaysha re: request to vary vehicle numbers

Letter 28/04/25 Akaysha-DPHI re: Request to vary construction hours

Letter 13/05/25 TfNSW-Akaysha re: Review of Out of Hours request for Orana BESS SSD-45242780

Letter 20/05/25 DPHI-Akaysha re: Out of Hours Approval

Weekly site inspections are being regularly undertaken for the project, covering areas such as housekeeping, tools and equipment, permits/SWMS, quality, mobile plant, and environmental aspects, including sediment controls, water drainage, air quality, solid/liquid waste, stockpiles, and chemical storage.

During the site inspection, it was observed that construction works were confined within the site footprint, secured by the installed fence (refer to site photos). BESS and Substation CCs issued as discussed above The auditee advised that no other CCs required for the project

On 04/03/2024, the Department approved a 15 MW increase to the total delivery capacity prescribed in Condition A5, bringing the total to 415 MW, with instructions to make this information publicly available on the project website at the earliest convenience.

On 20/11/2024, the Department approved the out-of-hours request to extend working hours from 1 PM to 5 PM each Saturday until the completion of Stage 1, which involves the construction of road upgrades at Goolma Road. The Department also instructed that this information be made publicly available on the project website at the earliest convenience.

On 3/03/25, the auditees made a request to stage TMP to the DPHI and the Department approved then request on 10/03/25. The revised Traffic Management Plan Staging include:

Stage 1: Construction of the road upgrades at the intersection of the site access and Goolma Road, construction of internal access roads, initial site mobilisation, progress site clearing and civil works for the BESS Bench.

Stage 2a: Onsite Construction activities of the BESS comprising of all remaining works, excluding movements with high-risk heavy vehicles requiring escort.

Stage 2b: remaining movements with high-risk heavy vehicles requiring escort.

Stage 3: Operation of the BESS.

Stage 4: Decommissioning the BESS at end of life.

DPHI approved the request to stage the TMP provisions in correspondence 10/03/25. It required that updates to the TMP are made prior to the commencement of each stage. A Stage 2a TMP (7/03/25) was prepared by Amber, which was approved by DPHI on 13/03/25. A Stage 2b TMP (17/04/25) was prepared by Amber, which was approved by DPHI on 14/05/25. TMP stage 2 The CPP’s TMP was updated in TMP dated 01/04/25.

On 7/04/25, the auditees made a request to increase vehicle movements relation to Condition B1 which include:

from 35 to 80 heavy vehicle movements per day during construction, upgrading or decommissioning.

from 30 to 50 light vehicle movements and from 5 to 10 heavy vehicle movements during the AM (6-7am) or PM (56pm) project peak hours during construction, upgrading or

Compliant

A4 The conditions of this consent and directions of the Planning Secretary prevail to the extent of any inconsistency, ambiguity or conflict between them and a document listed in condition A2(c) or A2(d). In the event of an inconsistency, ambiguity or conflict between any of the documents listed in condition A2(c) or A2(d), the most recent document prevails to the extent of the inconsistency, ambiguity or conflict.

Interview with auditees 4/06/2025

decommissioning. There is no proposed change to the 5 shuttle bus movements.

from 6 to 15 heavy vehicle movements requiring escort during construction, upgrading or decommissioning.

The Department approved the request on16/04/25 noting that:

increase in vehicle movements must also be incorporated within an updated Traffic Management Plan to be approved prior to any additional movements being undertaken.

there is a change to the high-risk heavy vehicle route to facilitate transformer deliveries to site as detailed in the TIA prepared by Amber (20 March 2025).

original route from Adelaide primarily used the Barrier and Mitchell Highways while the updated route primarily used the Newell Highway before using the Mitchell Highway at Dubbo. In accordance with Condition B4 of Schedule 2, all heavy vehicles requiring escort will still be travelling to and from the site via the Mitchell Highway and Goolma Road

prior to undertaking any heavy vehicle movements requiring escort please provide an updated Traffic Management Plan for Stage 2b of the development, in accordance with the staging request approved by the Department on 8 October 2024 (PA-23)

The revised approved traffic movements were documented in the A Stage 2b TMP (17/04/25)

On 28/04/25, the auditees submitted a request to the Department to vary the construction hours, with consultation undertaken with TfNSW on 8/05/25.

On 13/05/25, TfNSW provided a response to Akaysha’s request regarding OOHW during construction, noting that no further information is required by TfNSW, provided the OOHW is limited to 1:00 pm to 5:00 pm on Saturdays and 8:00 am to 5:00 pm on Sundays, and that traffic volumes align with the conditions of consent.

On 20/05/25, the Department approved the request for OOHW on Saturdays (1:00 pm to 5:00 pm) and Sundays (8:00 am to 5:00 pm) until 30/11/25.

Directions from the Department during the audit period included:

request for information regarding retirement of offset credits (for details refer to B12 and C11),

request for information regarding complaint on spring clearing and powerful owl incident (for details refer to B14)

TMP further re-staging, increase in traffic volumes and ncreased work hours (for details refer to A3)

No inconsistencies reported or identified during the audit.

Compliant

BATTERY STORAGE RESTRICTION

A5 Unless the Planning Secretary agrees otherwise in writing, the battery storage associated with the development must not exceed a total delivery capacity of 400 MW.

Note: This condition does not prevent the Applicant from seeking to lodge a separate development application or modify this consent to increase the capacity of the battery storage in the future.

Akaysha letter to DPHI dated 1/02/2024: Request to marginally exceed 400MW capacity due to technology and performance enhancements

DPHI letter to Development ANZ dated 4/03/2024, re: Request to increase the approved capacity of the BESS https://akayshaenergy.com/projects/oranabess

DPHI, in correspondence to Development ANZ dated 4/03/2024, approved a 15 MW increase to the total delivery capacity prescribed in Condition A5, to a total of 415 MW. DPHI required that the approval of increase capacity be made publicly available on the project website.

The approval to increase capacity is uploaded in the project website

No changes to this condition since last audit

A6 The Applicant may upgrade the battery storage and ancillary infrastructure on site provided these upgrades remain within the approved development footprint of the site. Prior to carrying out any such upgrades, the Applicant must provide revised layout plans and project details of the development to the Planning Secretary incorporating the proposed upgrades.

STRUCTURAL ADEQUACY

A7 The Applicant must ensure that all new buildings and structures, and any alterations or additions to existing buildings and structures, are constructed in accordance with the relevant requirements of the Building Code of Australia.

Notes:

 Under Part 6 of the EP&A Act, the Applicant is required to obtain construction and occupation certificates for the development.

 The EP&A Regulation sets out the requirements for the certification of the development.

Interview with auditees 4/06/2025

Eastern BESS Yard Facility Site Plan Rev O 13/12/24 by Consolidated Power Projects

Tesla Storage Shed Concept Design 12/02/25

Email 14/06/2024 CPP-Dubbo Council re: Orana BESS Construction Certificate

Email 19/06/2024 Dubbo Council-PCC re: response to query – Construction Certificate for the Project

Email osader@conpower.com.au to Council dated 14 June 14 2024, re: Orana BESS construction certificates

Construction Certificate No. CCMCG40/2025 approved on 14/02/2025 by James Maltby of Maltby Certification Group Pty Ltd for the BESS including ancillary Switchgear and Control Buildings

Construction Certificate No. CCMCG40/2025/02 approved on 21/05/2025 by James Maltby of Maltby Certification Group for the Wellington Substation extension and supporting electrical infrastructure associated with the BESS

No upgrades reported for the audit reporting period. Design has reportedly remained within the approved development footprint

Consolidated Power Projects made a query on 14/06/2024 to Dubbo Council regarding the Construction Certificate for the project. In that email it identified the following items requiring construction certificates in accordance with discussions with Council:

1. 2x Transformer bunds including pre-cast fire walls.

2. 448x Tesla Megapack battery blocks including foundations.

3. 1x Control building including foundation and stormwater drainage.

4. 2x Switchgear buildings including foundation and stormwater drainage.

5. 1x Operation & Maintenance building including foundation and stormwater drainage.

On 19/06/2024, Dubbo Council responded to the query and noted that in addition, the only building work that would need to be the subject of a Construction Certificate is the perimeter fencing and the water storage tanks.

Two Construction Certificates have been issued to the project:

Construction Certificate No. CCMCG40/2025 (CC1 14/02/2025): Battery Energy Storage System (400mW) including ancillary Switchgear and Control Buildings

Construction Certificate No. CCMCG40/2025/02 (CC2) 21/05/2025: Wellington Substation extension and supporting

triggered

Compliant

electrical infrastructure associated with the Orana Battery Energy Storage System.

The approved documents under CC2 that the certifier relied on are:

o Long Service Leave Levy $8,902.00 paid 08/11/2024 (Receipt No. L0000169148)

o Civil Engineering Design Plans prepared by TransGrid Project No. WL1200 including General Notes, Earthworks Bench Plan & Sections, Grading Layout, Demolition Plan, Drainage Layout & Pit.

The auditee advised that no further CCs are required.

DEMOLITION

A8 The Applicant must ensure that all demolition work on site is carried out in accordance with Australian Standard AS 2601-2001: The Demolition of Structures, or its latest version.

PROTECTION OF PUBLIC INFRASTRUCTURE

A9 Unless the Applicant and the applicable authority agree otherwise, the Applicant must:

a) repair, or pay the full costs associated with repairing, any public infrastructure that is damaged by the development; and

b) relocate, or pay the full costs associated with relocating, any public infrastructure that needs to be relocated as a result of the development.

Note: This condition does not apply to the upgrade and maintenance of the road network, which is expressly provided for in the conditions of this consent.

OPERATION OF PLANT AND EQUIPMENT

A10 All plant and equipment used on site, or in connection with the development, must be:

a) maintained in a proper and efficient condition; and

b) operated in a proper and efficient manner.

Interview with auditees 4/06/2025 No demolition of buildings or infrastructure required. Not triggered

Pre-Construction Geotagged Condition Survey OPT-33290, Lot 2 6945 Goolma Road, Montefiores NSW (inspection date: 23/04/2024) prepared by Aus Dilaps

Pre-Construction Geotagged Condition Survey OPT-33290, at Lot 2 6945 Goolma Road, Montefiores NSW of Council assets was undertaken by AusDilaps and include kerbs, gutters, footpaths and roadways.

The auditee advised that no repair works or relocation of public infrastructure have been undertaken since the project commenced. No damage of public infrastructure reported during the audit period

Orana BESS Plant List for road and rail plant (Feb 2024 to Feb 2025)

5t Excavator Kubota u55-4G last service 19/10/24 nest service 19/10/25

Vehicle mounted crane Volvo FM13 last service 22/01/25 next service 11/02/26

Roller Bomag last service 30/01/25 next service 3/01/23

Orana BESS Plant List Spicers Plant (Sept2024 to Feb 2025)

Articulated dumper last service 30/04/25 nest service 30/04/26

Grader CAT CS76 last service 7/04/25 next service 7/04/26

The Orana BESS Plant List was provided, including the plant ID, plant register name, make, status, organization name, last service date, and next service date.

Asset Repair & Maintenance History Report for spreader truck and soil compactor was provided showing all the repair and maintenance undertaken to the equipment.

Compactor last service 11/17/24 next service 20/12/25

Asset Repair & Maintenance History Report –Spreader Truck, FH

Asset Repair & Maintenance History Report –Soil Compactor, FH

SUBDIVISION

A11 The Applicant may subdivide land comprising the site for the purposes of carrying out the development as identified in Appendix 3 and in accordance with the requirements of the EP&A Act, EP&A Regulation and the Conveyancing Act 1919 (NSW).

Notes:

 Under Part 6 of the EP&A Act, the Applicant is required to obtain a subdivision certificate for a plan of subdivision.

 Division 6.4 of Part 6 of the Act sets out the application requirements for subdivision certificates.

APPLICABILITY OF GUIDELINES

A12 References in the conditions of this consent to any guideline, protocol, Australian Standard or policy are to such guidelines, protocols, Standards or policies in the form they are in as at the date of this consent. However, consistent with the conditions of this consent and without altering any limits or criteria in this consent, the Planning Secretary may, when issuing directions under this consent in respect of ongoing monitoring and management obligations, require compliance with an updated or revised version of such a guideline, protocol, Standard or policy, or a replacement of them.

COMPLIANCE

A13 The Applicant must ensure that all of its employees, contractors (and their sub-contractors) are made aware of, and are instructed to comply with, the conditions of this consent relevant to activities they carry out in respect of the development.

DP1301494 - Plan of Subdivision of Lot 2 DP1226754 and Right of Access affecting Lot 2 DP1136578, 24/04/2024, Pat Clarkstone

Plan Information Notice 24/04/2024 issued by Land Registry Services

Land has been purchased by Akaysha via a land agreement. and the site has been subdivided and registered in the land title office.

DP1301494 - Plan of Subdivision of Lot 2 DP1226754 and Right of Access affecting Lot 2 DP1136578 was provided prepared by Pat Clarkstone and was officially registered on 24/04/2024 under Dubbo Regional Council.

Plan Information Notice for DP1301494 was issued by Land Registry Services indicating that land was officially registered.

No changes during the audit period

CEMP and subplans

The management plans appear to reference the current guidelines, standards and protocols relevant to the topics that each document addresses during construction phase.

Orana BESS Specific Induction V3 April 2024

Orana BESS – Completed Induction Report Sept 2024 to May 2025

Email 26/11/2024 Akaysha-Stemar re: Deliver - MU Incomer BCT200 External Current Transformers

Project Directions and Requirement prepared by Akaysha issued to service providers and suppliers

Email 4/06/25 CPPA to Conpower re: induction snapshot to encourage carpooling

EVIDENCE OF CONSULTATION

A14 Where conditions of this consent require consultation with an identified party, the Applicant must: Orana Battery Energy Storage System Traffic Management Plan Stage 1 (Rev L,

Orana BESS Specific Induction V3 April 2024 was prepared that cover critical information to ensure that workers and visitors understand the site's safety, operational, and compliance requirements.

The Orana BESS Completed Induction Report, current as of 19/05/2025, was sighted. It showed site workers inducted from 21/09/2024 to the present, with a total of 531 workers inducted.

Email dated 26/11/2024 from Akaysha was provided, sharing the Traffic Management Plan with the supplier of MU Incomer BCT200 External Current Transformers. The plan is distributed to drivers traveling to the site.

The Project Directions and Requirements document, prepared by Akaysha, specifies that delivery drivers must report to the site office upon arrival and complete an induction.

Pre-engagement package which is sent to transport companies which includes driver delivery instructions

Consultation records required for the TMP were included in Appendix B of the plan.

a) consult with the relevant party prior to submitting the subject document to the Planning Secretary for approval; and

b) provide details of the consultation undertaken including:

i. the outcome of that consultation, matters resolved and unresolved; and

ii. details of any disagreement remaining between the party consulted and the Applicant and how the Applicant has addressed the matters not resolved.

19/09/2024) prepared by Amber Traffic & Transportation Direction.

Stage 2a Traffic Management Plan Rev C 7/03/25 by Amber

Stage 2b Traffic Management Plan Rev A 14/04/25 by Amber

Letter 4/03/25 TfNSW-Akaysha re: TfNSW response relating to consultation TMP Stage 2

Email 29/01/25 Akaysha-Council (Dubbo Regional Council) re: Consultation Stage 2 TMP

Email 8/05/25 Akaysha-TfNSW re: Consultation on OOHW

Letter 13/05/25 TfNSW-Akaysha re: Review of Out of Hours request for Orana BESS SSD-45242780

Email 7/05/25 Akaysha-Council re: Consultation relating to vary construction hours

Email 15/05/25 Council-Akaysha re: response to consultation relating to vary construction hours

Email 3/02/25 Akaysha-nearby residents (Carl & Jennie) re: Consultation with the resident relating to OOHW

Email 17/03/25 Carl & Jennie-Akaysha re: respond to OOHW consultation

Email 3/03/25 Ross Plasto (resident)Akaysha re: respond to OOHW consultation

COMMUNITY ENHANCEMENT

A15 Prior to commencing construction, or other timeframe agreed by the Planning Secretary, the Applicant must enter into a VPA with Council in accordance with:

a) Division 7.1 of Part 7 of the EP&A Act; and

b) the terms of the correspondence dated 27 November 2023, which are summarised in Appendix 6.

Heavy Vehicles Requiring Escort and Heavy Vehicle Restrictions

Planning Agreement for Orama BESS and Dubbo regional Council 2/08/2024

Letter 10/09/2024 Akaysha to DPHI re: Commencement of Goolma Road and Enabling Site Works – 29/08/2024

Consultations were undertaken for amending work hours on Saturdays.

Consultation Log and Correspondence prepared by Akaysha provide details of consultations undertaken with Heritage NSW and other relevant stakeholders.

Consultation for Orana BESS Fire Safety Study undertaken with FRNSW.

Evidence of consultation with TfNSW and Council was sighted in relation to the update of the TMP.

Consultation with Council and nearby residents was undertaken by the auditee prior to submitting the OOHW request to DPHI.

BCS consultation (incident) undertaken as reported in B14

The Planning Agreement between Orana BESS and Dubbo Regional Council was sighted. The Execution Agreement was signed by the Mayor and John Mullins, a representative from Wellington Battery Project Co P/L, on 2/08/2024, prior to the commencement of construction on 29/08/2024.

No updates since last audit

B1 The Applicant must ensure that:

a) the development does not generate more than:

i. 35 heavy vehicle movements a day during construction, upgrading or decommissioning;

ii. 30 light vehicle movements, 5 shuttle bus vehicle movements and 5 heavy vehicle movements during the AM (6-7 am) or PM (5-6 pm) project peak hours during construction, upgrading or decommissioning; and

iii. 6 movements of heavy vehicles requiring escort during construction, upgrading or decommissioning; and

b) the length of any vehicles (excluding heavy vehicles requires escort) used for the development does not exceed 26 metres, unless the Planning Secretary agrees otherwise.

Orana BESS Stage 1 Traffic Management Plan Rev L, 19/09/2024 prepared by Amber

Orana BESS Traffic Management Plan, 10/04/22025 prepared by CPP

Stage 2a Traffic Management Plan Rev C 7/03/25 by Amber

Letter 13/03/25 DPHI-Akaysha re: Approval of TMP Stage 2a

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TMP Stage 2b

Letter 7/04/25 Akaysha-DPHI re: Request to increase vehicle movements in relation to Condition B1

Letter 16/04/25 DPHI-Akaysha re: request to vary vehicle numbers

Monthly Vehicle Movements April and May 2025 by PCC

Escorted Vehicle Movements Register Orana BESS (CPP)

Oversize and/or Overmass (OSOM) Mass or Dimension Exemption Permit No. 1154161V3 dated 7/05/25 issued by National Heavy Vehicle Regulator (NHVR) - permit period 20/05/25-16/08/25

Interview with auditees 4/06/2025

On 7/04/25, the auditees made a request to DPHI increase vehicle movements relation to Condition B1 which include:

from 35 to 80 heavy vehicle movements per day during construction, upgrading or decommissioning.

from 30 to 50 light vehicle movements and from 5 to 10 heavy vehicle movements during the AM (6-7am) or PM (56pm) project peak hours during construction, upgrading or decommissioning. There is no proposed change to the 5 shuttle bus movements.

from 6 to 15 heavy vehicle movements requiring escort during construction, upgrading or decommissioning.

The Department approved the request on16/04/25 noting that:

increase in vehicle movements must also be incorporated within an updated Traffic Management Plan to be approved prior to any additional movements being undertaken.

there is a change to the high-risk heavy vehicle route to facilitate transformer deliveries to site as detailed in the TIA prepared by Amber (20 March 2025).

The CPP’s construction TMP was updated in TMP dated 01/04/25 In addition and in response to a request to stage the traffic management arrangements (refer to A3), a Stage 2a TMP (7/03/25) was prepared by Amber, which was approved by DPHI on 13/03/25. A Stage 2b TMP (17/04/25) was prepared by Amber, which was approved by DPHI on 14/05/25. TMP stage 2 The Stage 2b TMP provides the updated traffic movements as approved by DPHI on 16/04/25.

CPP monitors vehicles movements and prepares Monthly Vehicle Movements reports with details the number of heavy vehicles and light vehicles during both peak and off-peak hours.. A review of the Monthly Vehicle Movements reports for April and May 2025 (heavy, light and during peak hours) indicates that the Project complied with the approved limits. CPP keeps a Escorted Vehicle movement register for the project. The Escorted Vehicle Movements register shows a total of 11 Escorted vehicles to the site since the commencement of works, which is within the approved limits.

OSOM or Dimension Exemption Permit No. 1154161V3 was issued during the audit period by NHVR for block-truck towing OSOM load and Block truck, Planform for the period 2o May to 16 August 2025..

Compliant

B2 The Applicant must keep accurate records of the number of heavy vehicles requiring escort and heavy vehicles entering or leaving the site each day for the duration of the project.

Monthly Vehicle Movements Reports April and May 2025 by PCC

Escorted Vehicle Movements Register Orana BESS (CPP)

Oversize and/or Overmass (OSOM) Mass or Dimension Exemption Permit No. 1154161V3 dated 7/05/25 issued by National Heavy Vehicle Regulator (NHVR) - permit period 20/05/25-16/08/25

Email 22/05/25 Akaysha -TfNSW re: OSOM Movement Notification

CPP monitors vehicles movements and prepares Monthly Vehicle Movements reports with details the number of heavy vehicles and light vehicles during both peak and off-peak hours..

Monthly Vehicle Movements reports for April and May 2025 prepared by PCC, detailing the number of heavy and light vehicles during peak and off-peak hours, were provided to the auditor

Escorted Vehicle Movements 2024 report, prepared by PCC, was presented, highlighting three specific dates that required escorted vehicles.

Oversize and/or Overmass (OSOM) Mass or Dimension Exemption Permit No. 1154161V3 dated 7/05/25 issued by National Heavy Vehicle Regulator (NHVR) - permit period 20/05/25-16/08/25

An OSOM Movement Notification was provided by Akaysha to TfNSW via email on 22/05/25. The first transformer unit (TX1) is scheduled to depart the WTC factory in Victoria on 24/05/25, with delivery and offloading at Orana BESS planned for 28/05/25. The notification includes a list of items to be moved, along with their weight, length, and height

B3 All heavy vehicles associated with the development must travel to and from the site via:

a) Castlereagh Highway and Goolma Road; or

b) Mitchell Highway and Goolma Road, as shown in Appendix 4.

Orana BESS - Heavy Vehicle Route Map

Orana BESS Stage 1 Traffic Management Plan Rev L, 19/09/2024 prepared by Amber

Orana BESS Traffic Management Plan, 10/04/22025 prepared by CPP

Stage 2a Traffic Management Plan Rev C 7/03/25 by Amber

Letter 13/03/25 DPHI-Akaysha re: Approval of TMP Stage 2a

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TMP Stage 2b

Project Directions and Requirement prepared by Akaysha issued to service providers and suppliers

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TMP Stage 2b

Project Directions and Requirement prepared by Akaysha issued to service providers and suppliers

Oversize and/or Overmass (OSOM) Mass or Dimension Exemption Permit No. 1154161V3 dated 7/05/25 issued by National Heavy

Orana BESS - Heavy Vehicle Route Map that provides directions from Selwyn Street, Mayfield North NSW to 6945 Goolma Road, Montefiores NSW 2820, Australia

The Project Directions and Requirements document, prepared by Akaysha, includes the route to the site and specifies that delivery drivers must report to the site office upon arrival, complete an induction, and that the document is provided to all service providers and suppliers for guidance and compliance.

The Orana BESS Traffic Management Plan, 10/04/22025 prepared by CPP, the Stage 2a Traffic Management Plan Rev C 7/03/25 by Amber, and the Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber show the traffic routes for heavy vehicles. The Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber specifically shows the traffic routes for heavy vehicles requiring escort

The Project Directions and Requirements document, prepared by Akaysha, includes the route to the site and specifies that delivery drivers must report to the site office upon arrival, complete an

Access Route

B4 All heavy vehicles requiring escort associated with the development must travel to and from the site via the Mitchell Highway and Goolma Road, as described in the EIS.

Site Access

B5 All vehicles associated with the development must enter and exit the site via the site access point off Goolma Road as identified in Appendix 1.

B6 Prior to commencing construction, the Applicant must close and remove the existing site access servicing Lot 2 DP1136578.

Vehicle Regulator (NHVR) - permit period 20/05/25-16/08/25

Notification from Akaysha to TfNSW of OSOM to transport a transformer leaving Victoria on 24/05/25 and expected delivery on 28/05/25.

induction, and that the document is provided to all service providers and suppliers for guidance and compliance.

Oversize and/or Overmass (OSOM) Mass or Dimension Exemption Permit No. 1154161V3 dated 7/05/25 issued by National Heavy Vehicle Regulator (NHVR) - permit period 20/05/25-16/08/25. The permit provides route for the OSOM which complies with B4.

A notification to TfNSW was submitted for a OSOM transporting a transformer from Victoria departing on 24/05/25. The auditee advised that that the first OSOM for the project was completed on Monday 2/06/2025

Site inspection 4/06/2025

Site photos – Appendix E

Site inspection 4/06/2025

Site photos – Appendix E

Road Upgrades

B7 Unless the Planning Secretary agrees otherwise, prior to commencing construction, the Applicant must complete the road upgrades detailed in Appendix 5.

Unless the relevant road authority agrees otherwise, these upgrades must comply with the current Austroads Guidelines, Australian Standards and TfNSW supplements, and be carried out to the satisfaction of the relevant roads authority.

Site inspection 4/06/2025

DPHI letter to Akaysha dated 19/07/2024, re: Orana BESS – Road Upgrade and Enabling site works request

TfNSW Site Inspection Report for 6945

Goolma Road, prepared by Barker Ryan Stewart (BRS) in the following dates:

Site Inspection No.1: 4/09/2024

Site Inspection No.2: 20/09/2024

Site Inspection No.3: 23/09/2024

Site Inspection No.4: 24/09/2024

Site Inspection No.5: 25/09/2024

Site Inspection No.6: 01/10/2024

Site Inspection No.7: 02/10/2024

Site Inspection No.8: 02/10/2024

Site Inspection No.9: 21/10/2024

Site Inspection No.10: 02/11/2024

Site Inspection No.11: 04/11/2024

Site Inspection No.12: 06/11/2024

Site Inspection No.13: 07/11/2024

Site Inspection No.14: 14/11/2024

Site Inspection No.15: 19/11/2024

Site Inspection No.16: 25/11/2024

During the site inspection, it was observed that only one access point to the site was provided off Goolma Road.

No other accesses sighted during the audit

During the site interview, the auditees noted that access to Lot 2 was removed prior to the commencement of construction. Refer to the site photos for reference. The previous access was observed closed during the site inspection.

Works completed during the last audit period

During construction, TfNSW Site Inspection Reports were undertaken by Barker Ryan Stewart (BRS), an independent project verifier working on behalf of TfNSW to ensure compliance. A total of 19 site inspection reports were prepared for the project, as evidenced by the documents provided.

Goolman Road works obtained a notice of provisional practical completion from TfNSW on the 13 February 2025

For details of DPHI conditional approval to commence some enabling works in parallel with the Goolman Road upgrade refer to IA1.

Compliant

B8 Unless the Planning Secretary agrees otherwise, prior to commencing construction, the Applicant must provide a Strategic Concept Design to TfNSW for approval, detailing the intersection design identified in Appendix 5. The Strategic Concept Design must satisfy the requirements set out in Appendix 6 and the applicable guidelines and standards identified in condition B7.

Site Inspection No.17: 29/11/2024

Site Inspection No.18: 06/12/2024

Site Inspection No.19: 09/12/2024

Letter 13/02/25 TfNSW to Akaysha re: Notice of Provisional Practical Completion - WAD Wuuluman CHR(S) BAL MR633 Goolma Road WST24/00057

Refer also to B8

6945 Goolma Road, Montefiores – Detailed Design Verification (Ref No. 240367)Schedule 8 - Detailed Design Documents Certificate by Barker Ryan Stewart

Letter 30/04/2024 TfNSW-Akaysha re: Post Consent to Condition B7, B8

Letter 13/09/12024 TfNSW-Akaysha re: Approval to Commence Construction

Letter 13/09/12024 TfNSW-Akaysha re: Detailed Design Acceptance

Detailed Design Documents were certified by Barker Ryan Stewart.

TfNSW approved the strategic concept design and swept paths for the intersection treatments required to facilitate safe turning movements for the project on 30/04/2024.

The TfNSW, in its letter dated 13/09/2024, acknowledged receipt of and accepted all pre-construction documentation, authorizing works to commence within the State Road Reserve.

TfNSW approved the detailed design documentation on 13/09/2024 and noted that its validity is for 2 years from the date of approval.

Completed in last audit period

As indicated in B7, Goolman Road works obtained a notice of provisional practical completion from TfNSW on the 13 February 2025

Operating Conditions

B9 The Applicant must ensure:

a) the internal roads are constructed and maintained as all-weather roads;

b) there is sufficient parking on site for all vehicles, and no parking occurs on the public road network in the vicinity of the site;

c) the capacity of the existing roadside drainage network is not reduced;

d) all vehicles are loaded and unloaded on site, and enter and leave the site in a forward direction; and

e) development-related vehicles leaving the site are in a clean condition to minimise dirt being tracked onto the sealed public road network.

Traffic Management Plan

B10 Prior to commencing road upgrades identified in condition B7, the Applicant must prepare a Traffic Management Plan for the development in consultation with TfNSW, Council and Mid-Western Regional Council, and to the satisfaction of the Planning Secretary. This plan must include:

a) details of the transport route to be used for all development-related traffic;

b) details of the road upgrade works required by condition B7;

c) details of the measures that would be implemented to minimise traffic impacts during construction, upgrading or decommissioning works, including:

i. temporary traffic controls, including detours and signage;

Site inspection 4/06/2025

Pavement Plans (7 sheets) 12/08/2024 prepared by Quanta Services

Site inspection 4/06/2025

Orana Battery Energy Storage System Traffic Management Plan Stage 1 (Rev L, 19/09/2024) prepared by Amber Traffic & Transportation Direction.

DPHI letter to Akaysha dated 8/10/2024 re: Orana BESS – Traffic Management Plan Stage 1

Pavement plans dated 12/08/2024 prepared by Quanta Services showing internal pavement works for the project.

Internal access roads have been constructed to allow all-weather traffic for light and heavy vehicles (refer to photos in Appendix E).

All vehicles observed parked on site. Light vehicle carpark have capacity for about 30-40 spaces.

All vehicles were observed loaded and unloaded on site, and leaving the site in a forward direction.

No dirt from the project site was observed along the public roads during the site inspection.

DPHI, in correspondence dated 8/10/24, approved the staging of the Traffic Management Plan. DPHI conditioned the approval to Stage 2 works only proceeding after the completion of the Goolma Road intersection.

DPHI, in correspondence dated 8/10/24, approved the Traffic Management Plan Stage 1 (Rev L). Consultation records were included in Appendix B of the plan.

The auditees provided evidence of consultation conducted via email regarding the Traffic Management Plan (TMP), which was sent to

ii. notifying the local community about development-related traffic impacts;

iii. procedures for receiving and addressing complaints from the community about development related traffic;

iv. minimising potential cumulative traffic impacts with other projects in the area.

v. minimising potential for conflict with school buses and other road users as far as practicable, including preventing queuing on the public road network;

vi. minimising dirt tracked onto the public road network from development-related traffic;

vii. details of the employee shuttle bus service, including pick-up and drop-off points and associated parking arrangements for construction workers, and measures to encourage employee use of this service as described in the EIS;

viii. encouraging car-pooling or ride sharing by employees;

ix. scheduling of heavy vehicle movements to minimise convoy length or platoons, and to minimise conflict with light vehicles;

x. responding to local climate conditions that may affect road safety such as fog, dust, wet weather and flooding;

xi. responding to any emergency repair or maintenance requirements; and

xii. a traffic management system for managing heavy vehicles requiring escort;

d) a driver’s code of conduct that addresses:

i. driver fatigue;

ii. procedures to ensure that drivers adhere to the designated transport routes and speed limits; and

iii. procedures to ensure that drivers implement safe driving practices; and

e) a program to ensure drivers working on the development receive suitable training on the code of conduct and any other relevant obligations under the Traffic Management Plan.

Following the Planning Secretary’s approval, the Applicant must implement the Traffic Management Plan.

BIODIVERSITY

Vegetation Clearance

B11 The Applicant must not clear any native vegetation or fauna habitat located outside the approved disturbance areas described in the EIS.

DPHI letter to Akaysha dated 8/10/2024 re: Orana BESS – Traffic Management Plan Staging

Orana BESS Traffic Management Plan, 10/04/22025 prepared by CPP

Stage 2a Traffic Management Plan Rev C 7/03/25 by Amber

Letter 13/03/25 DPHI-Akaysha re: Approval of TMP Stage 2a

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TP Stage 2b

Email 4/06/25 CPPA to Conpower re: induction snapshot to encourage carpooling

nearby residents, TfNSW, and Dubbo Regional Council. For details of consultation refer to IA1.

During the audit period, DPHI approved the request to stage the TMP provisions in correspondence 10/03/25. It required that updates to the TMP are made prior to the commencement of each stage. A Stage 2a TMP (7/03/25) was prepared by Amber, which was approved by DPHI on 13/03/25. A Stage 2b TMP (17/04/25) was prepared by Amber, which was approved by DPHI on 14/05/25. TMP stage 2 The CPP’s TMP was updated in TMP dated 01/04/25.

The audit site inspection and review of project records indicated that the auditee has implemented the TMPs during the audit period. The traffic movement register for April and May 2025 showed that light and project heavy vehicle movements were within the limits in Condition B1 and those approved by the Department in correspondence dated 16 April 2025 (traffic movement limits are documented in the TMPs) Stage 2b traffic movements, which includes OSOM deliveries, commenced after DPHI approval of the Stage 2b TMP. The site is provided with sufficient parking for all vehicles, with no parking on the public road network observed during the site visit or otherwise recorded during the audit period Speed limits are applied in internal roads, with signage provided for 10km/h and 25km/h speed limits depending on the site road (refer to photos in Appendix E). Shuttle buses. Four x 14 seater shuttle buses are reportedly operating on site. The use of shuttle buses is documented in the TMPs Approved travel routes are documented in the TMPs and are implemented through inductions and notifications to truck companies and employees. The auditee implements a Driver’s code of conduct which addresses, amongst other items, drivers fatigue, traffic routes and safe driving practices.

The TMPs provide the school bus routes and public transport details and measures to avoid conflict

Site inspection 4/06/2025

Orana BESS Habitat Tree and Pre-Clearance Report June 2024 V2.0 21/06/2024 by NGH

Letter 12/09/2024 NGH-Akaysha re: Orana BESS HBT removal and Ecologist supervision

Report: Pre-clearing checks for fauna and flora (48 hours prior) prepared by NGH (12,17, 18, 19, 20, 21, 23, 24, 25 September 2024) for Stage 1

No clearing activities occurred during the current audit period. Trees remaining on site are protected with fencing and no-go flagging. Site footprint fenced off. Refer to photos in Appendix E.

For details of clearing refer to IA1. During the previous audit period, pre-clearance surveys were undertaken by ecologist specialists NGH on two occasions. These were documented in Orana BESS Habitat Tree and Pre-Clearance Report June 2024 V2.0 21/06/2024 by NGH and Letter 12/09/2024 NGH-Akaysha re: Orana BESS Letter of Advice HBT clearing for Sept 2024 – Stage 1

The first survey was undertaken between the 8 and10 May 2024 by NGH qualified Ecologist to:

Compliant

Report: Pre-clearing check for fauna and flora (48 hours prior) prepared by NGH (21, 22, 23, 25, 26, 27, 28 November 2024) for Stage 2

• confirm previously identified or new, significant fauna habitat features and breeding places within the disturbance footprint and or/animal activity.

• clearly mark all Hollow Bearing Trees (HBTs) planned for removal to prepare for staged clearing.

• clearly mark all trees to be retained, to inform the Project Arborist prior to the installation of tree protection zones (TPZ).

• identify and mark items that may provide animal habitat, such as hollow logs and rock piles, to be retained and moved outside of the project boundary for use by fauna.

• identify current Priority weed infestations.

The second survey was undertaken between the 3 and 7 June 2024 by NGH qualified Ecologist and the Project Arborists. This survey was specifically targeted at the HBTs planned for removal and was conducted via elevated work platform (EWP) to;

• assess if wildlife was present within the hollows and if any wildlife breeding had commenced in hollows.

• confirm if previously recorded (from the ground) tree hollows were suitable for wildlife breeding.

• block any unoccupied hollow entrances deemed suitable habitat, to prevent nesting activities in advance of the Spring breeding season (August through to October) when clearing is planned to take place.

In addition, pre-clearing checks for fauna and flora (49 hours prior) were undertaken by NGH (Veronica Philips, an ecologist from NGH P/L) for Stage 1 and Stage 2 to confirm that all relevant measures have been implemented as required.

The evidence provided indicates that the clearing works had been supervised by ecologists from NGH.

Biodiversity Offsets

B12 Prior to carrying out any development that could directly or indirectly impact the biodiversity values requiring offset, the Applicant must retire biodiversity credits of a number and class specified in Table 1 below. The retirement of these credits must be carried out in accordance with the NSW Biodiversity Offsets Scheme and can be achieved by:

a) acquiring or retiring ‘biodiversity credits’ within the meaning of the Biodiversity Conservation Act 2016;

b) making payments into an offset fund that has been developed by the NSW Government; or

Statement confirming payment into the Biodiversity Conservation Fund for an offset obligation (issued by the Biodiversity Conservation Trust, dated 27/02/2024 (date received) BCT ref: BCF678

Statement confirming payment into the Biodiversity Conservation Fund for an offset obligation (issued by the Biodiversity Conservation Trust, dated 1/11/2024 (date received) BCT ref: BCF794

Charge Quote Q00483 was issued by the BCT to Akaysha on 10 October 2024

Emails from/to BCT to NGH dated 10/10/24, 9/01/25, 10/01/25 and 15/01/25

Letter 14/04/25 NGH-DPHI (Department of Energy, Resource and Industry

Two Statements issued by the Biodiversity Conservation Trust confirming payment were provided as evidence of payment for the biodiversity credit retirement obligations satisfied by payment to the Biodiversity Conservation Fund under BCT reference numbers BCF678, for $191,834.34 (excluding GST), dated 24/02/2024, and BCF794, for $490,479.79 dated 7/11/24(excluding GST) (for details refer to IA1)

During IA1, an Observation was raised as follows. The above payments included all the species and credits listed in the species credit requirement, except for Prasophyllum sp. Wybong. This appeared to be an administrative mistake as BCT had advised the Applicant that it could not accept payment for Species Prasophyllum sp. Wybong as it is not listed under the BC Act. During this audit, the applicant further consulted with BCT who advised that it could instead provide a quote for Prasophyllum sp. Petilum. In response the applicant submitted in January 2025 an application to BCT for the retirement of credits of Prasophyllum Petilum which is listed under the BCT. IA1 did not recommend any further action other than notifying

c) funding a biodiversity conservation action that benefits the entity impacted and is listed in the ancillary rules of the biodiversity offset scheme.

Assessments) re: Orana BESS SSD 45242780 – DPHI Non-Compliance Notification Letter

the Department of the alternative arrangements made for the retirement of credits associated with Prasohyllum sp. in accordance with Condition B12 given that Prasophyllum sp. Wybong is not listed under the BC Act.

During IA2, the auditee reported a non-compliance to DPHI in accordance with C11 as discussed below.

Non-compliance: A Non-Compliance Notification Letter dated (NGH, 14 April 2025) was submitted to the Department, noting that payments made into the Biodiversity Conservation Fund intended to satisfy the obligations under Condition B12 for the retirement of biodiversity credits were completed in error, as they did not include Prasophyllum sp. Wybong. It indicated that the Biodiversity Conservation Trust (BCT) had advised that payments to the Biodiversity Conservation Fund can only be accepted for liabilities under the Biodiversity Conservation Act 2016. Prasophyllum sp. Wybong is only listed under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (and not under the Biodiversity Conservation Act 2016) and therefore the BCT cannot accept a payment for this species. The Proponent submitted the Charge Quote Application to the NSW Biodiversity Conservation Trust and retired the credits against the Charge Quote Statement in good faith, believing they were acting in compliance with the conditions of consent. The Proponent will continue to work with the Department and the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW) to resolve this non-compliance.

DPHI, in letter dated 1/05/25, responded to the above matter indicating that the non-compliance report generally satisfied the reporting requirements of C11. DPHI acknowledged that a resolution of the issue is still underway at the time of the notification and the Proponent is working with DCCEEW to resolve this matter. It also required that withing 2 months of the DPHI letter, a report be submitted to DPHI outlining the consultations with relevant department to resolve and / or achieve compliance with Condition B12.

Further to the above, prior to completing this audit report the Applicant advised that it agreed with DCCEEW and DPHI to prepare and submit a Modification of the SSI to address this non-compliance Akaysha advised that the Modification has been drafted (a copy was provided to the auditor) and that it will request to modify the current offset obligation to replace the Species Credit for requirement Prasophyllum sp. Wybong with an equivalent credit requirement for Prasophyllum sp. Petilum. This would correct an error which has prevented the Applicant from meeting their offset obligation in full. At the time of completing this audit report, the modification was not available in the Major Project website.

No recommendation for this non-compliance required as the Proponent is currently working with the Department and Commonwealth DCCEEW to resolve the non-compliance by means of submitting a modification application to correct the offset obligations under B12. This finding remains open under the Modification application is submitted and then approved by DPHI.

B13 Prior to carrying out any development that could directly or indirectly impact the biodiversity values requiring offset, the Applicant must provide evidence to the Planning Secretary that biodiversity credits have been retired.

Statement confirming payment into the Biodiversity Conservation Fund for an offset obligation (issued by the Biodiversity Conservation Trust, dated 27/02/2024 (date received) BCT ref: BCF678.

Statement confirming payment into the Biodiversity Conservation Fund for an offset obligation (issued by the Biodiversity Conservation Trust, dated 1/11/2024 (date received) BCT ref: BCF794.

Biodiversity Management Plan (BMP) Orana BESS (rev G, dated 8 November 2024) prepared by WSP.

Appendix C of the BMP attaches the evidence of payment of the credits carried out to date. The BMP was submitted to DPHI and DPHI approved the document.

Refer also above in B12 about the administrative non-compliance regarding the retirement of credits for the species Prasophyllum sp. Wybong which is not listed under the BC Act

B14 Prior to commencing construction, the Applicant must prepare a Biodiversity Management Plan for the development in consultation with BCS, and to the satisfaction of the Planning Secretary. This plan must:

a) be prepared in accordance with the revised Biodiversity Development Assessment Report (dated 6 September 2024);

b) include a description of the measures and timeframes that would be implemented for:

i. protecting vegetation and fauna habitat outside the approved disturbance areas;

ii. managing the remnant vegetation and fauna habitat on site;

iii. minimising clearing and avoiding unnecessary disturbance of vegetation that is associated with the construction and operation of the development;

iv. avoiding the removal of hollow-bearing trees during spring to avoid the main breeding period for hollow-dependant fauna;

v. minimising the impacts to fauna on site and implementing fauna management protocols, including design of temporary fencing;

vi. rehabilitating and revegetating temporary disturbance areas with species that are native to the area; maximising the salvage of vegetative and soil resources within the approved disturbance area for beneficial reuse in the enhancement or the rehabilitation of the site; and

vii. controlling weeds, feral pests and pathogens.

c) include a program to monitor and report on the effectiveness of mitigation measures;

d) include an incidental threatened species finds protocol to identify the avoid and/or minimise and/or offset options to be implemented if additional threatened species are discovered on site; and

e) include details of who would be responsible for monitoring, reviewing and implementing the plan.

Following the Planning Secretary’s approval, the Applicant must implement the Biodiversity Management Plan.

Site inspection 4 June 2025.

Biodiversity Management Plan (BMP) Orana BESS (rev G, dated 8 November 2024) prepared by WSP.

DPHI letter to Akaysha dated 20/11/2024, re: Orana BESS – Biodiversity Management Plan

Orana BESS Habitat Tree and Pre Clearance Report June 2024 V2.0 21/06/2024 by NGH

Letter 12/09/2024 NGH-Akaysha re: Orana BESS HBT removal and Ecologist supervision

Report: Pre-clearing check for fauna and flora (48 hours prior) prepared by NGH (12,17, 18, 19, 20, 21, 23, 24, 25 September 2024) for Stage 1

Report: Pre-clearing check for fauna and flora (48 hours prior) prepared by NGH (21, 22, 23, 25, 26, 27, 28 November 2024) for Stage 2

Email DPHI to Akaysha dated 13/09/2024: receival of relevant documentation to support the commencement of HBT removal on 13/09/24 in line with approved BMP

Removal of hollow-bearing tree

Email 26/03/25 DPHI-Akaysha re: Complaint on tree clearing activity in spring

Email 10/04/25 Akaysha-DPHI re: requesting for an extension to submit response relating to Complaint on tree clearing activity in spring (17/04/05)

A Biodiversity Management Plan (BMP) Orana BESS was prepared and then revised with MOD 1 (rev G, dated 8 November 2024) prepared by WSP. The BMP was prepared in consultation with BCS as per evidence provided in the BMP.

DPHI, in correspondence to Akaysha dated 20/11/2024, approved the revised Orana BESS – Biodiversity Management Plan (rev G, dated 8 November 2024) which included the increased footprint from Modification 1 and the inclusion of a Masked Owl Management Plan

No clearing has been reportedly undertaken during the current audit reporting period. All clearing was undertaken during the previous reporting period and is reported in IA1. During site inspection, the implementation of the BMP was observed on site including protection of vegetation retained within the site, boundary fending to protect vegetation outside the disturbance boundary, the presence of nest boxes installed in trees within and adjacent to the site (refer to photos in Appendix E), environmental inspections and environmental induction training. The implementation of the BMP during clearing activities is discussed below and in IA1.

During IA1, the auditor reported that project records indicated that clearing had been undertaken generally in accordance with the consent except for spring clearing as discussed below. The evidence provided indicated that the clearing works had been supervised by ecologists from NGH. Pre-clearance surveys were undertaken by NGH on two occasions, between 8 and 10 May 2024 and between 3 and 7 June 2024, and documented in pre-clearance reports. In addition, multiple pre-clearing checks for fauna and flora (48 hours prior) were undertaken by NGH ecologist to confirm that all relevant measures have been implemented as required.

NGH records indicated that the BMP had been implemented noting that clearing hollow-bearing trees was undertaken during the spring breeding period. This is documented in the approved BMP (Section 5.3.2) despite B14(iv) indicating the opposite. The Department approved the BMP. Section 5.3.2 of the BMP explicitly states: “As vegetation clearing will occur during local breeding and torpor seasons, being June to November inclusive, a written assessment by the Project Ecologist justifying clearing activities (i.e., no impact to

Biodiversity Management Plan

Compliant

Email 10/04/25 DPHI-Akaysha re: approval on the request for extension on the submission of the response.

Email 17/04/255 Akaysha-DPHI re: Submission of the response relating to Complaint on tree clearing activity in spring

Email 30/04/25 DPHI -Akaysha re: response on the submission relating to complaint on tree clearing activity in spring Powerful Owl Nest

Email 11/02/25 NGH-DPHI re: Orana BESS Pre-clearing and Modification #2 –unexpected find of powerful owl nest

Email 12/02/25 DCCEEW-NGH re: Response to Pre-clearing and Modification #2 –unexpected find of powerful owl nest

Email 20/02/25 NGH-DCCEEW re: submission of the required information relating to unexpected find.

Email 25/0/25 NGH-DCCEEW re: submission of photo of nest and correspondence with QLD Museum

Inquiry Details QMN:00861365 from QLD Museum (submission of photos powerful owl nest)

Letter 17/04/25 Akaysha-DPHI re: Orana BESS Project (SSD-45242780) - ComplaintTree Clearing Activities in Spring

breeding or torpor habitat) must be recorded and made available to DPE prior to works.”

The ecologist written statement Letter 12/09/2024 NGH-Akaysha re: Orana BESS HBT removal and Ecologist supervision indicated that hollow-bearing tree removal is to take place during September to October 2024 during the Spring breeding season and describing preclearance surveys and mitigation measures to be implemented. The ecologist written statement 12/09/2024 was submitted to DPHI on 13/09/2024, including notification of commencement of HBT removal on the 13/09/2024.

Further, Appendix B of the BMP – Hollow-Bearing Tree (HBT) Clearing Protocol, provides for clearing between June and January. The BMP further stipulates: "Should clearing of hollow-bearing trees be required during the breeding or hibernation periods of threatened species, consultation is to be undertaken with local wildlife carers and/or specialist carers for those faunal groups. Confirmation is to be sought from these groups that they would accept rescued fauna." In accordance with this provision, Akaysha engaged in the required consultations with local wildlife carers, and confirmation has been obtained regarding their acceptance of any rescued fauna. Consultation records were sighted.

IA1 reported a non-compliance as follows: There is no evidence that the removal of hollow-bearing trees during spring was avoided in accordance with B14(iv) to avoid the main breeding period for hollowdependent fauna. It is however noted that the approved BMP anticipated vegetation clearing during the local breeding season being June to November and included measures to mitigate impacts associated with it, including a Hollow-Bearing Tree (HBT) Clearing Protocol. Section 5.3.2 of the BMP explicitly states: “As vegetation clearing will occur during local breeding and torpor seasons, being June to November inclusive, a written assessment by the Project Ecologist justifying clearing activities (i.e., no impact to breeding or torpor habitat) must be recorded and made available to DPE prior to works.” An ecologist written statement dated 12/09/2024 was prepared and was submitted to DPHI on 13/09/2024, including notification of commencement of HBT removal on the 13/09/2024. Project records suggest that mitigation measures were implemented in accordance with the BMP.

With regard to the above the auditor reported in IA1 that the Applicant has complied with the approved BMP, but it reported it as a technical non-compliance against Condition B14(iv) with no further action required. The auditor assumed that the Department was aware of the proposed timing of clearing and was satisfied with the mitigation proposed.

IA2 update:

Unexpected Powerful Owl Nest

In accordance with the BMP, on 11/02/25, NGH advised DCCEEW’s CPHR of an unexpected find of a powerful owl nest during the initial clearing phase in spring. An ecologist came across an inactive nest, which was later verified to be a powerful owl nest. On 12/02/25,

DCCEEW responded, requested to information and recommended to implement:

Immediately ceases associated construction workscontinued operation may constitute knowingly impacting a threated species or its habitat which would effectively be a breach of the Biodiversity Conservation Act 2016

Immediately contact the decision maker notifying them on the unexpected occurrence and to commence discussion next steps

Adhere to Section 5.5 (incidental threatened species)n in the Orana BESS BMP.

DCCEEW noted that, in consideration of the powerful owl nest, the TBDC provides guidance on how to prepare a species polygon for the powerful owl.

On 20/02/25, NGH responded and submitted information related to the unexpected find, confirming that the TBDC guidelines had been followed and a species polygon for the powerful owl had been prepared.

DCCEEW acknowledged the submission on 24/02/25 and, on 25/02/25, requested photographs of the nest along with confirmation information from the Queensland Museum. NGH responded on the same day and submitted the requested information. On the 25/02/25 provided DCCEEW with photos of the nest and correspondence with QLD Museum.

DCCEEW reported the issue to the Department as discussed below.

Removal of hollow-bearing tree / spring clearing

The Department notified the auditee on 26/03/25 of a complaint received on the 12/03/25 regarding spring clearing and requested the provision of information and records in relation to a complaint received on 12/03/25, which raised concerns about the removal of hollowbearing tree 21B on 21/09/24

The auditees submitted their response with the corresponding records on 17/04/25.

DPHI provided a response on 30/04/25, noting that they had reviewed the information and records submitted, and it required no further information and had closed out the complaint

No actions for biodiversity management reportedly required under the BMP (during audit period). No unexpected finds during audit period (the unexpected find reported above was associated with the spring clearing reported in the previous audit period in IA1). (No documentation prepared during the audit period related to the BMP

B15 Road upgrades, construction, commissioning, demolition, upgrading or decommissioning activities (excluding blasting) may only be undertaken between:

a) 7 am to 6 pm Monday to Friday;

b) 8 am to 1 pm Saturdays; and

c) at no time on Sundays and NSW public holidays; unless the Planning Secretary agrees otherwise.

B16 The following activities may be carried outside the hours specified in condition B15 above:

a) commissioning activities that are inaudible at non-associated residences

b) the delivery or dispatch of materials as requested by the NSW Police Force or other public authorities for safety reasons; or

c) emergency work to avoid the loss of life, property or prevent material harm to the environment.

B17 The hours of construction activities specified in condition B15 of this approval may be varied with the prior written approval of the Planning Secretary. Any request to alter the hours of construction must be:

Site inspection and interviews on 4/06/2025

DPHI letter to Akaysha dated 20/11/2024, re: Orana BESS – Stage 1 Road Upgrade – Out of Hours Works

Email 30/09/2024 Akaysha-TfNSW re: Request to amend construction hours

Email 22/11/2024 TfNSW-Akaysha re: Response to request to amend construction hours

Email 26/06/2024 Akaysha-DRC (Dubbo Regional Council) re: Orana BESS queries

Email 26/09/2024 Akaysha-DRC re: Orana BESS queries / increasing works hours on Saturdays

Email 09/10/2024 DRC-Akaysha re: response / increasing works hours on Saturdays

Email 9/09/2024 Akaysha-Palmers Farm re: Road works – Goolma Road on Saturday hours (consultation)

Email 10/09/2024 Palmers Farm- Akaysha re: response to consultation

Letter 28/04/25 Akaysha-DPHI re: Request to vary construction hours

Letter 13/05/25 TfNSW-Akaysha re: Review of Out of Hours request for Orana BESS SSD-45242780

Letter 20/05/25 DPHI-Akaysha re: Out of Hours Approval

In correspondence dated 20/11/2024 DPHI approved a request from Akaysha (dated 30/10/24) to extend work hours on Saturdays from 1pm to 5pm until the 28 February 2025 associated with Stage 1 the construction of the road upgrades at Goolma Road. The agreement was conditional to TfNSW also providing written agreement to the extended hours.

Akaysha consulted with TfNSW on 30/09/2024 regarding amendments to construction hours for the Orana BESS project. On 22/11/2024, TfNSW responded, noting no objection to the proposed increase in working hours on Saturdays.

Akaysha consulted with Dubbo Regional Council (DRC) on 26/06/2024 regarding project parking, shuttle bus locations, and roadworks. Additionally, on 26/09/2024, Akaysha consulted DRC about increasing work hours on Saturdays. On 09/10/2024, DRC responded, agreeing to the extended Saturday work hours, noting that this would enhance productivity, reduce traffic interruptions, and ultimately minimize the impact on residents and the community.

Akaysha sent a consultation to Carl Palmer (Palmers Farm) on 09/09/2024 regarding Saturday work hours for the roadworks on Goolma Road. On 10/09/2024, Palmer responded with no objections.

On 28/04/25, the auditees submitted a request to the Department to vary the construction hours, with consultation undertaken with TfNSW on 8/05/25.

On 20/05/25, the Department approved the request for OOHW on Saturdays (1:00 pm to 5:00 pm) and Sundays (8:00 am to 5:00 pm) until 30/11/25.

Construction hours are provided in the CEMP and are communicated to personnel in induction training material

No complaints regarding construction hours have been recorded during the reporting period.

Site inspection and interviews on 4/06/2025 In correspondence dated 20/11/2024 DPHI approved a request from Akaysha (dated 30/10/24) to extend work hours on Saturdays from 1pm to 5pm until the 28 February 2025 associated with Stage 1 the

Compliant

Exceptions to Construction Hours

Variation of Construction Hours

a) considered on a case-by-case or activity-specific basis;

b) accompanied by details of the nature and justification for activities to be conducted during the varied construction hours;

c) accompanied by written evidence that appropriate consultation with potentially affected sensitive receivers and notification of Councils (and other relevant agencies) has been or will be undertaken;

d) accompanied by evidence that all feasible and reasonable noise mitigation measures have been put in place; and

e) accompanied by a noise impact assessment consistent with the requirements of the Interim Construction Noise Guideline (DECC, 2009), or latest version.

DPHI letter to Akaysha dated 20/11/2024, re: Orana BESS – Stage 1 Road Upgrade – Out of Hours Works

Email 30/09/2024 Akaysha-TfNSW re: Request to amend construction hours

Emails Akaysha-residents (several MarchApril 2025) with consultation on extended hours

Letter 28/04/25 Akaysha-DPHI re: Request to vary construction hours

TfNSW letter 13/05/25 Review of Out of Hours Request for Orana BESS SSD45242780

Letter 13/05/25 TfNSW-Akaysha re: Review of Out of Hours request for Orana BESS SSD-45242780

Letter 20/05/25 DPHI-Akaysha re: Out of Hours Approval

construction of the road upgrades at Goolma Road. The agreement was conditional to TfNSW also providing written agreement to the extended hours (for other details refer to IA1)

On 28/04/25, the auditees submitted a request to the Department to vary the construction hours, with consultation undertaken with TfNSW on 8/05/25.

On 20/05/25, the Department approved the request for OOHW on Saturdays (1:00 pm to 5:00 pm) and Sundays (8:00 am to 5:00 pm) until 30/11/25. DPHI required that the approval be made publicly available at the earliest convenience. The approval letter is publicly available in the project website

Noise

B18 The Applicant must:

a) minimise the noise generated by any construction, upgrading or decommissioning activities on site in accordance with best practice requirements outlined in the Interim Construction Noise Guideline (DECC, 2009) or its latest version; and

b) take all reasonable and feasible steps to minimise operational noise and ensure that the noise generated by the operation of the development does not exceed the noise limits in Table 2 below to be determined in accordance with the procedures in the NSW Noise Policy for Industry (EPA, 2017) at any non-associated residences unless the Planning Secretary agrees otherwise.

Construction & Operational Noise & Vibration Assessment Rev 6, 31/03/2023 prepared by Renzo Tonin & Asso.

Environmental Noise Assessment V02 April 25 by Enviro Science Solutions

The Construction & Operational Noise & Vibration Assessment (CONVA)) (Rev 6), dated 31/03/2023 and prepared by Renzo Tonin & Associates, noted that noise emissions from the construction phase of the project are predicted to exceed the nominated criteria at one (1) of the nearest receiver locations when the three (3) loudest items of plant and equipment operate concurrently and at the closest proximity to the receiver. In-principle recommendations are provided in Section 4.4 to limit the potential impact of construction noise to acceptable levels.

The assessment determined that the large distance between the site and the nearest affected receivers makes structural damage from construction vibration negligible, with a very low risk of complaints from residents. Additionally, road traffic noise during construction complies with relevant criteria, and operational traffic noise impacts are considered negligible due to minimal traffic movements.

Noise monitoring is required under the Environmental Management Strategy “as relevant to the plant and equipment on site and in response to noise complaints”. Noise monitoring was undertaken at the site during the audit period as discussed below

EnviroScience Solutions undertook unattended environmental noise monitoring at 3 locations around the site for a period of a week from Monday 17/03/25 to Sunday 30/03/25 Two monitoring stations showed exceedances for the night time when no works were taking place. The third station showed some exceedances for the day time and evening periods on two days, however other measures were generally below the criteria. The assessment recommended that attended monitoring utilising 15-minute spot measurements during the Day, Evening, and Night periods at sensitive receiver locations would be beneficial to the project. This would allow for observations to

Compliant

B19 Unless the Planning Secretary agrees otherwise, within 3 months of the commencement of operation, the Applicant must prepare and submit a Noise Monitoring Report for the development to the satisfaction of the Planning Secretary. The Noise Monitoring Report must:

a) be prepared by a suitably qualified, experienced and independent acoustic consultant;

b) demonstrate that noise monitoring:

i. has been carried out in accordance with the procedures in the Noise Policy for Industry (EPA, 2017); and

ii. includes monitoring during the day, evening and night periods during operational, temperature and meteorological conditions that would represent typical worst-case scenarios where reasonable and feasible; and

c) include:

i. 1/3 octave data and calculated sound power levels along with a discussion of any excessive annoying characteristics and directionality;

ii. an analysis of compliance with the noise limits specified in condition B18 at R1;

iii. an outline of implemented at-source and transmission pathway mitigation measures and their effectiveness at reducing operational noise; and

iv. a description of contingency measures in the event implemented mitigation measures are not effective at reducing noise levels to comply with limits specified in condition B18 at R1 at all times.

The Applicant must undertake further noise monitoring of the development if required by the Planning Secretary.

B20 The Applicant must minimise the dust generated by the development.

B21 The Applicant must:

a) minimise the off-site visual impacts of the development, including the potential for any glare or reflection;

Site inspection and interviews 4/06/2025

Email 13/12/2024 Akaysha-CPPA re: Site Water Carts

Email 13/12/2024 CPPA-Akaysha re: response to Site Water Carts query

Record of dust on-site security team and weather forecast monitoring during the Christmas break

determine the sources of elevated noise levels during these periods (e.g. traffic, wildlife, construction activities, or vegetation movement).

No noise complaints received during the reporting period

Site inspection 4/06/2025

At the time of the audit site inspection the site was observed mostly cleared of vegetation and bare soils exposed. During inspection, it was noted that water carts were on site. It was reported that there are 3 water carts permanently on site, available on a full-time basis to suppress dust. No dust was observed during the site inspection.

Dust generation is managed on site using water carts, speed limits and visual inspections. The Applicant provided evidence of visual monitoring conducted / recorded by 24/7 on-site security team and weather forecast monitoring.

Alll dust water sourced from the approved bore and sediment basins

This is primarily an operational condition. No advertising signs or logos observed during the site inspection. Compliant

Interview with auditees 4/06/2025 The project is in the construction phase, this condition will be addressed during operation phase. Not triggered

Dust

Compliant

Visual

b) ensure the visual appearance of all ancillary infrastructure (including paint colours) blends in as far as possible with the surrounding landscape; and

c) not mount any advertising signs or logos on site, except where this is required for identification or safety purposes.

Lighting

B22 The Applicant must:

a) minimise the off-site lighting impacts of the development; and

b) ensure that any external lighting associated with the development:

i. is installed as low intensity lighting (except where required for safety or emergency purposes);

ii. does not shine above the horizontal; and

iii. complies with Australian/New Zealand Standard AS/NZS 4282:2019 – Control of Obtrusive Effects of Outdoor Lighting, or its latest version.

Protection of Heritage Items

B23 The Applicant must ensure the development does not cause any direct or indirect impacts on Aboriginal heritage items located outside the approved development footprint.

Site inspection and interviews 4/06/2025

There are no lights reportedly at night at the site during construction, except for the site compound which has low intensity lighting for security and safety reasons. No complaints or issues reported to date regarding lighting impacts

Chance Finds Protocol

B24 Prior to the commencement of road upgrade works, the Applicant must prepare a Chance Finds Protocol for the development in consultation with Aboriginal Stakeholders, and to the satisfaction of Heritage NSW. Following approval, the Applicant must implement the Chance Finds Protocol.

Akaysha Chance Finds Protocol, Version 3 dated 12 July 2024, prepared by Virtus Heritage

Letter 19/070/2024 DPHI-Akaysha re: Akaysha Chance Finds Protocol

Consultation Log and Correspondence on Heritage (Stage 1.1) by Akaysha

Email 18/08/2022 Heritage NSW-Akaysha re: response to consultation

No unexpected heritage findings have been reported to date. The construction footprint is fenced, and construction works are contained within the site. An exclusion zone (including fencing) has been installed around the culturally modified tree (refer to Photos in Appendix E).

A Chance Finds Protocol, Version 3 dated 12 July 2024, was prepared by Virtus Heritage for Akaysha.

The Department, in correspondence dated 19/07/2024 to Akaysha, noted that no further comments on the Chage Finds Protocol (V3) at this time and instructed that the documents be made publicly available on the project website at the earliest convenience.

The document is available on the project website:

https://hdp-au-prod-app-akaysha-energy-files.s3.apsoutheast2.amazonaws.com/5317/2428/7327/Orana_BESS_Chance_Finds_Protocol1.pdf

Consultation Log and Correspondence prepared by Akaysha provide details of consultations undertaken with Heritage NSW and other relevant stakeholders. The log includes the name or group of the stakeholder, the date the consultation was sent, the date a response was received, and details of the response.

An email dated 18/08/2022 from Heritage NSW to Akaysha provided a list of possible stakeholders within the Dubbo Regional LGA to contact.

No changes since last audit

Water Supply

B25 The Applicant must ensure that it has sufficient water for all stages of the development, and if necessary, adjust the scale of the development to match its available water supply.

Note: Under the Water Act 1912 and/or the Water Management Act 2000, the Applicant is required to obtain the necessary water licences for the development.

Water Pollution

B26 The Applicant must ensure that the development does not cause any water pollution, as defined under Section 120 of the POEO Act.

Site inspection and interviews 4/06/2025

Certificate of Title Box IW (AI877499) Water Management Act 2000

Certificate of Title Water Management Act WAL35136 Date of issue 1/9/2021

Site inspection and interviews 4/06/2025

Erosion and Sediment Control Plan Rev 1, 30/05/2025 by Consolidated Power (Hatch)

Water for dust suppression is used from the sediment basin and from a registered bore on site (groundwater).

The licence for the groundwater bore was provided during the audit

No changes to water supply management reported since last audit.

Sediment controls are in place in accordance with the Project’s Erosion and Sediment Control Plan. It includes 4 sediment basins for 4 different site sub-catchments The sediment basins were inspected during the audit site inspection (refer to photos in Appendix E). The 4 basins were observed in good condition and evidence of off-site water pollution could be noted.

Erosion and Sediment Control Plans were updated on 30/05/2025 by Consolidated Power to reflect the current works on site.

Operating Conditions

B27 The Applicant must:

a) minimise any soil erosion and control sediment generation;

b) ensure the battery storage and ancillary infrastructure and any other land disturbance associated with the construction, upgrading or decommissioning of the development has appropriate drainage and erosion and sediment controls designed, installed and maintained in accordance with the relevant requirements in the Managing Urban Stormwater: Soils and Construction (Landcom, 2004) manual, or its latest version;

c) ensure the battery storage and ancillary infrastructure (including security fencing) are designed, constructed and maintained to reduce impacts on surface water, localised flooding and groundwater at the site; and

d) ensure the battery storage and ancillary infrastructure are designed, constructed and maintained to avoid causing any erosion on site.

Site inspection and interviews 4/06/2025

Erosion & Sediment Control Plan – BESS Yard Rev 0,12/08/2024 and Rev 1, 30/05/2025) prepared by Hatch for CPP, Drawings 12937-CI-DR-00110 and 12937-CIDR-00111

Soil and Water Management Plan - Road Remediation & Safety Improvements Soil & Water Management Plan - Goolma Road Rev 1,12/09/2024 prepared by Harch for CPP Drawings 2937-CI-DR-00370 and 2937-CIDR-00371

Erosion & Sediment Control Plans have been prepared by consulting engineers Hatch for the site and for the Goolma Road works, showing the locations of controls and the types of controls required. As indicated above, it includes 4 sediment basins to which the entire site drain to.

During the audit site inspection sediment controls were observed in place, the 4 sediment basins, sediment fences, bunding and drainage to the basins (refer to photos in Appendix E).

B28 Prior to commencing construction of the battery storage, the Applicant must prepare a Fire Safety Study for the development, to the satisfaction of FRNSW and the Planning Secretary in writing. The study must:

a) be consistent with the Department’s Hazardous Industry Planning Advisory Paper No. 2 ‘Fire Safety Study’ guideline;

b) describe the final design of the battery storage;

c) include reasonable worst-case bush fire scenario to and from the battery storage and the associated bush fire management; and

Fire Hazard and Risk Assessment (FHRA) prepared by NJM Design dated 28 November 2024 (Rev 6)

FRNSW written report application for fire safety study by Akaysha (undated)

FRNSW Clarification Register Based on the Teams meeting held between Akaysha

During IA1 a Fire Hazard and Risk Assessment (FHRA) by NJM Design dated 28 November 2024 (Rev 6) had been prepared in response to condition B28. At the time, the FHRA had been submitted and was under review by FRNSW, as the related documentation was submitted on 29/11/2024. Evidence of consultation on the FHRA with FRNSW dates back to 18 July 2024.

During IA1, the auditor noted that the Fire Safety Study, submitted it to FRNSW in accordance with B28, was yet to be approved by FRNSW and DPHI. The interpretation of the timing of this condition made by

d) identify measures to eliminate the expansion of any fire incident including:

i. adequate fire safety systems and appropriate water supply;

ii. separation and / or compartmentalisation of battery units; and

iii. strategies and incident control measures specific to the battery storage design.

Following approval by the Planning Secretary, the Applicant must implement the measures described in the Fire Safety Study.

Energy, NJM and FRNSW on 31/07/2024 prepared by Akaysha

Email 18/07/2024 Akaysha-FRNSW re: Orana BESS - FSS Review with FRNSW Request

Email 1/08/2024 FRNSW-Akaysha re: response to FSS Review with FRNSW Request

Email 29/11/2024 Akaysha-FRNSW re: Submission of documents for Orana BESSFSS Review

Fire Safety Study (FSS) for BESS Rev 7, 14/05/2025 by NJM Design

Email 12/05/25 Akaysha- FRNSW, re: Fire Safety Study

Email 13/05/25 FRNSW-Akaysha, re: Fire Safety Study

the Applicant was that approval is required prior to the installation of the Battery Storage (noting that the timing in other conditions is “prior to construction” and not referring specifically to a project item). The auditor also noted that the condition refer to operational and design requirements. The Applicant advised then that Revision 6 of the Orana BESS FSS was under review from FRNSW & Approval was expected prior to first BESS arrival July 2025. The auditor agreed at the time with the Applicant interpretation and will review compliance with this condition in the next six monthly audit

During the current audit, the Fire Safety Study (FSS) had been revised (rev 7 dated 14/05/2025) and was still pending approval by FRNSW and DPHI. Project correspondence indicates that the FSS is still under review by FRNSW. In email dated 12/05/25, Akaysha requested FRNSW that it supports a request DPHI to stage the FSS under CoA C3 so that FRNSW endorsement of the FSS is required prior to energisation of the project. FRNSW, in email dated 13/05/25 indicated that it supports in-principle the staging of the FSS as long the BESS units are stored in accordance with FRNSW Position Station.

The auditor notes that no batteries have been installed to date.

Fire Safety Study Rev 7 dated 14/05/2025 was prepared by NJM Design and currently under review by FRNSW

Observation: The Fire Safety Study (FSS) required under CoA B28 is yet to be endorsed by FRNSW and approved by the Planning Secretary. The interpretation of the timing of this condition made by the Applicant is that approval is required prior to the installation of the Battery Storage (noting that the timing in other conditions is “prior to construction” and not referring specifically to a project item). The auditor notes that the FSS is an operational related plan and that no batteries have been installed to date. Upon request from Akaysha FRNSW indicated on the 13 June 2025 that it supports in-principle the staging of the FSS to allow FRNSW endorsement of the FSS prior to energisation of the Project as long the BESS units are stored in accordance with FRNSW Position Station.

Recommendation: discuss with the Department and agree on the timing of FRNSW endorsement and Department’s approval of the FSS

Storage and Handling of Dangerous Goods

B29 The Applicant must store and handle all chemicals, fuels and oils used on-site in accordance with:

a) the requirements of all relevant Australian Standards; and

b) the NSW EPA’s Storing and Handling of Liquids: Environmental Protection – Participants Handbook if the chemicals are liquids.

In the event of an inconsistency between the requirements (a) and (b) above, the most stringent requirement must prevail to the extent of the inconsistency.

Operating Conditions

Site inspection 4/06/2025

Site photos – Appendix E

Small volumes of chemicals are stored on site in a bunded storage area (refer to photos in Appendix E).

B30 The Applicant must:

a) minimise the fire risks of the development, including managing vegetation fuel loads on-site;

b) ensure that the development:

i. complies with the relevant asset protection requirements in the RFS’s Planning for Bushfire Protection 2019 (or equivalent) and Standards for Asset Protection Zones; and

ii. is suitably equipped to respond to any fires on site, including provision of a 20,000 litre water supply tank fitted with a 65 mm Storz fitting and a FRNSW compatible suction connection;

c) ensure that the battery storage area:

i. includes a 10 metre defendable space around the perimeter that permits unobstructed vehicle access; and

ii. is managed as an asset protection zone (including the defendable space);

d) assist the RFS and emergency services as much as practicable if there is a fire in the vicinity of the site; and

e) notify the relevant Local Emergency Management Committee following construction of the development, and prior to commencing operations.

Emergency Plan

B31 Prior to commencing commissioning, the Applicant must develop and implement a comprehensive Emergency Plan and detailed emergency procedures for the development, and provide a copy of the plan to the NSW RFS Orana Fire Control Centre and FRNSW. The plan must:

a) be prepared in accordance with the findings of the Fire Safety Study required under condition B28 of Schedule 2;

b) be consistent with the Department’s Hazardous Industry Planning Advisory Paper No. 1, ‘Emergency Planning’ and RFS’s Planning for Bushfire Protection 2019 (or equivalent);

c) include details on how the battery storage and sub-systems can be safely isolated in an emergency;

d) include bushfire emergency management planning, including:

i. details of the location, management and maintenance of the Asset Protection Zone;

ii. a list of works that should not be carried out during a total fire ban;

iii. details of how RFS would be notified, and procedures that would be implemented, in the event that:

there is a fire on-site or in the vicinity of the site;

there are any activities on site that would have the potential to ignite surrounding vegetation; or

there are any proposed activities to be carried out during a bushfire danger period; and

e) include an Emergency Services Information Package in accordance with Emergency services information and tactical fire plan (FRNSW, 2019), to the satisfaction of FRNSW and RFS.

B32 The Applicant must:

a) implement the Emergency Plan and the Emergency Services Information Package for the duration of the development; and

Emergency Management Plan 17/07/2024 by Consolidated Power Projects

The site is under civil construction, which is in its majority clear of vegetation with minor risk of fire Not triggered

This is considered to be an operational related condition. This requirement is not required during this audit period which relates to construction

The Emergency Management Plan, dated 17/07/2024, was prepared by Consolidated Power Projects and establishes an organizational structure and procedures for responding to emergencies while working at or visiting Orana BESS. It assigns roles and responsibilities for implementing the plan during an emergency.

Not triggered

Interview with auditees 4/06/2025

This is considered to be an operational condition. Accordingly it has not been triggered during the audit period.

b) following commencement of commissioning of the battery storage, keep a copy of the Emergency Services Information Package on-site in a prominent position adjacent to the site entry points at all times

B33 The Applicant must:

a) minimise the waste generated by the development;

b) classify all waste generated on site in accordance with the EPA’s Waste Classification Guidelines 2014 (or its latest version);

c) store and handle all waste on site in accordance with its classification;

d) not receive or dispose of any waste on site; and

e) remove all waste from the site as soon as practicable, and ensure it is reused, recycled or sent to an appropriately licensed waste facility for disposal.

Construction Environmental Management Plan (CEMP) 03/12/2024 by Consolidated Power Projects

Notice of Determination – Liquid Waste Discharge to Sewer dated 23/08/2023 issued to Wellington Plant Hire (WPH) – Septage Receival Station valid until 23/080/2028

Delivery Note No. 58, 5/09/2024 re: Septic pump out waste disposal (4kl) by WPH

Delivery Note No. 60, 18/09/2024 re: Septic pump out waste disposal (4kl) by WPH

Delivery Note No. 62, 2/10/2024 re: Septic pump out waste disposal (4kl) by WPH

Delivery Note No. 74, 15/11/2024 re: Septic pump out waste disposal (3kl) by WPH

Delivery Note No. 77, 22/11/2024 re: Septic pump out waste disposal (3kl) by WPH

Orana Waste Register 30/08/2024 to 30/05/2025 by Akaysha

ACCOMMODATION AND EMPLOYMENT STRATEGY

B34 Prior to commencing construction, the Applicant must prepare an Accommodation and Employment Strategy for the development in consultation with Council and Mid-Western Regional Council. This strategy must:

a) propose measures to ensure there is sufficient accommodation for the workforce associated with the development;

b) consider the cumulative impacts associated with other State significant development projects in the area;

c) investigate options for prioritising the employment of local workers for the construction and operation of the development, where feasible; and

d) include a program to monitor and review the effectiveness of the strategy over the life of the development, including regular monitoring and review during construction.

The Applicant must provide a copy of the Accommodation and Employment Strategy to the Planning Secretary prior to commencement of construction, and implement the plan throughout construction.

Orana Battery Energy Storage System Accommodation and Employment Strategy (Rev C, dated 15 July 2024) prepared by Consolidated Power Projects.

DPHI letter to Akaysha Energy dated 23/07/2024, re: Orana BESS –Accommodation and Employment Strategy

Industry briefing article – Orana BESS ICN job fair attracts strong regional interest 30/09/2024

Social Licensing Reporting June to Oct 2024 by Akaysha

Email 1/10/2024 Akaysha-DRC re: Orana BESS Accommodation and Employment Strategy

Email 8/10/2024 DRC-Akaysha re: Response to Orana BESS Accommodation and Employment Strategy

Section 8.3 of the CEMP provides details on waste minimisation and management Plan.

No spoil removed from site to date (cut and fill balanced to date), Testing for waste classification purposes for material stored on site which may need to be removed in the future. Testing done, Waste Classification Report to be prepared. Liquid waste (septic, portaloo) removed during the audit period

Notice of Determination – Liquid Waste Discharge to Sewer, dated 23/08/2023, was issued to Wellington Plant Hire, the service provider responsible for collecting the septic pump-out from the project site for disposal.

Deliver note (no. 58, 60, 62, 65, 66, 69, 71, 72, 74, & 77) were issued by Wellington Plant Hire for the collection of septic pump out waste disposal.

Orana Waste Register from 30/08/2024 to 30/05/2025 prepared by Akaysha was provided that include details load inspected by (prior to disposal), waste type, waste disposal location, and volume.

In correspondence dated 23/07/2024, DPHI approved the Accommodation and Employment Strategy (Rev C, dated 15 July 2024).

An industry briefing session was conducted on 30/09/2024 at Wellington In that regard, the article titled "Orana BESS ICN Job Fair Attracts Strong Regional Interest," indicated that it had 92 registered attendees representing 61 different businesses from the local community. The Job fair is part of efforts to connect regional business with opportunities related to the Orana BESS project.

Consultation records from April to July 2024 provided details on consultation undertaken with the Mid-Western Regional Council and Dubbo Regional Council.

Social Licensing Reporting from June to Oct 2024 was provided indicating that 22.7% achievement before commercial operation.

An email was sent to DRC on 1/10/2024 by Akaysha regarding the Orana BESS Accommodation and Employment Strategy, requesting a meeting with the Council to discuss and report the key metrics. On 8/10/2024, DRC responded, noting they were short-staffed and suggested discussing the report on key metrics in early November. Akaysha replied to DRC and proposed holding the meeting on 11/11/2024. However, no response was received from DRC. A follow-

Compliant

DECOMMISSIONING AND REHABILITATION

B35 Within 18 months of the cessation of operations, unless the Planning Secretary agrees otherwise, the Applicant must rehabilitate the site to comply with the objectives in Table 3 below.

ENVIRONMENTAL MANAGEMENT, REPORTING AND AUDITING

ENVIRONMENTAL MANAGEMENT

Environmental Management Strategy

C1 Prior to commencing construction, the Applicant must prepare an Environmental Management Strategy for the development to the satisfaction of the Planning Secretary. This strategy must:

a) provide the strategic framework for environmental management of the development;

b) identify the statutory approvals that apply to the development;

c) describe the role, responsibility, authority and accountability of all key personnel involved in the environmental management of the development;

d) set out the procedures that would be implemented to:

i. keep the local community and relevant agencies informed about the operation and environmental performance of the development;

ii. receive, handle, respond to, and record complaints;

Email 9/10/2024 Akaysha-DRC re: Orana BESS Accommodation and Employment Strategy

Email 18/11/2024 Akaysha-DRC re: follow-up Orana BESS Accommodation and Employment Strategy

Project Monthly Report May 2025 by CPP

up email was sent by Akaysha to the Council on 28/11/2024 however, DRC made no response.

CPP reports monthly to Akaysha on key targets. The May 2025 project monthly report, prepared by CPP, provides an update of the monitoring for Accommodation & Employment Strategy. The AES forms part of the engagement and onboarding process with subcontractors and employees. It indicates that it undertakes regular site visits to local suppliers.

Observation: Project records indicate that the Applicant has not implemented some of the commitments of the Accommodation and Employment Strategy (AES) during the reporting period There are no records of monthly meetings with Councils, or evidence of attendance to community meetings and liaison with local businesses during the reporting period.

Recommendation: Ensure that the AES is implemented during the entire construction period

Environmental Management Strategy Orana BESS – (rev D dated 30 July 2024) prepared by WSP

DPHI letter to Akaysha Energy dated 31/07/2024, re: Orana BESS – Environmental Management Strategy

Weekly Site Inspection Reports by CPP

08/05/2025

15/05/2025

22/05/2025

31/01/2025

DPHI, in correspondence to Akasha Energy dated 31/07/2024, approved the Orana BESS – Environmental Management Strategy (rev D dated 30 July 2024)

Project records indicate that the applicant has generally implemented the EMS during the reporting period.

Weekly inspections are undertaken in accordance with the Environmental Management Strategy CPP undertakes the regular weekly inspections for the project, covering housekeeping, safety, tools and equipment, environmental aspects, permits to work/SWMS, quality, and mobile plant operations, with a different focus area each week

iii. resolve any disputes that may arise;

iv. respond to any non-compliance;

v. respond to emergencies; and

e) include:

i. references to any strategies, plans and programs approved under the conditions of this consent; and

ii. a clear plan depicting all the monitoring to be carried out in relation to the development, including a table summarising all the monitoring and reporting obligations under the conditions of this consent.

Following the Planning Secretary’s approval, the Applicant must implement the Environmental Management Strategy.

Revision of Strategies, Plans and Programs

C2 The Applicant must:

a) update the strategies, plans or programs required under this consent to the satisfaction of the Planning Secretary prior to carrying out any upgrading or decommissioning activities on site; and

b) review and, if necessary, revise the strategies, plans or programs required under this consent to the satisfaction of the Planning Secretary within 1 month of the:

i. submission of an incident report under condition C10 of Schedule 2;

ii. submission of an audit report under condition C14 of Schedule 2; or

iii. any modification to the conditions of this consent.

Interview with auditees 4/06/2025

Environmental Management Strategy Orana BESS – (rev D dated 30 July 2024) prepared by WSP

Biodiversity Management Plan Orana BESS (rev G, dated 8 November 2024) prepared by WSP

DPHI letter to Akaysha dated 20/11/2024, re: Orana BESS – Biodiversity Management Plan

Stage 2a Traffic Management Plan Rev C 7/02/25 by Amber

Letter 13/03/25 DPHI-Akaysha re: Approval of TMP Stage 2a

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TMP Stage 2b

Traffic Management Plan (TMP) Revision D, 21/03/25 by Consolidated Power Projects

Environmental monitoring has been undertaken including vehicle movement (refer to B2), noise monitoring (refer to B18) and dust visual monitoring (refer to B20)

EMS has not been updated during the audit period The applicant advised that an update of the EMS was not required.

The contractor, CPP, has a CEMP prepared for the project under contractual requirements with Akaysha. The CEMP sits under the EMS and is not a document prepared under the Development Consent. The CPP’s CEMP was updated on 20/03/2025.

Staging, Combining and Updating Strategies, Plans or Programs

C3 With the approval of the Planning Secretary, the development may be stages and the Applicant may:

a) prepare and submit any strategy, plan or program required by this consent on a staged basis (if a clear description is provided as to the specific stage and scope of the development to which the strategy, plan or program applies, the relationship of the stage to any future stages and the trigger for updating the strategy, plan or program);

DPHI letter to Akaysha dated 8/10/2024 re: Orana BESS – Traffic Management Plan

Staging

Stage 2a Traffic Management Plan Rev C 7/02/25 by Amber

IA1 indicated that the BMP was revised in response to MOD 1, which amongst other items, included a Masked Owl Management Plan as MOD 1 resulted in Masked Owl needing to be offset. The revised BMP (8 Nov 2024, but initial amended version dated 30/09/2024) was approved by DPHI on the 20/11/2024. Other documents were reportedly reviewed after MOD 1 by the applicant but did not require updating.

During the IA2 period, on 3/03/25, the auditees made a request to stage TMP to the DPHI and the Department approved then request on 10/03/25. TMP Stage 2a was approved by DPHI on 13/03/25, TMP Stage 2b was approved on 14/05/25. The TMP was updated to Revision D, dated 21/03/25, by Consolidated Power Projects to reflect changes to project staging and relevant definitions TMPs were the only documents revised during the audit period Stage 2 Traffic Management Plan (7/02/2025) was revised within a month of the Independent Audit No. 1 (06/02/2025). The auditee advised that other plans required under the Development Consent were reviewed but did not require updating.

No incidents (as defined in the Development Consent) reported during the reporting period.

The project has not been staged, other than the traffic works and Traffic Management Plan.

During IA1, DPHI, in correspondence dated 8/10/24, approved the staging of the Traffic Management Plan (refer also to B10)

Construction Environmental Management Plan Revision F, 20/03/25 by Consolidated Power Projects (CPP)

Compliant

b) combine any strategy, plan or program required by this consent (if a clear relationship is demonstrated between the strategies, plans or programs that are proposed to be combined); and

c) update any strategy, plan or program required by this consent (to ensure the strategies, plans and programs required under this consent are updated on a regular basis and incorporate additional measures or amendments to improve the environmental performance of the development).

C4 If the Planning Secretary agrees, a strategy, plan or program may be staged or updated without consultation being undertaken with all parties required to be consulted in the relevant condition in this consent.

Letter 13/03/25 DPHI-Akaysha re: Approval of TMP Stage 2a

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TP Stage 2b

C5 If approved by the Planning Secretary, updated strategies, plans or programs supersede the previous versions of them and must be implemented in accordance with the condition that requires the strategy, plan or program. As above

C6 If the Planning Secretary agrees, a strategy, plan or program may be staged without addressing particular requirements of the relevant condition of this consent if those requirements are not applicable to the particular stage.

NOTIFICATIONS

Notification of Department

C7 Prior to commencing the construction, operations, upgrading or decommissioning of the development or the cessation of operations, the Applicant must notify the Department in writing via the Major Projects website portal of the date of commencement, or cessation, of the relevant phase.

Letter 17/06/2024 Akaysha to DPHI re: Request to commence limited construction activities prior to completion of Goolma road upgrades

Letter 19/07/2024 DPHI-Akaysha re: Orana BESS road upgrade and enabling works request

Letter 10/09/2024 Akaysha to DPHI re: Commencement of Goolma Road and Enabling Site Works

Stage 2a Traffic Management Plan Rev C 7/02/25 by Amber

Letter 13/03/25 DPHI-Akaysha re: Approval of TMP Stage 2a

Stage 2b Traffic Management Plan Rev A 17/04/25 by Amber

Letter 14/05/25 DPHI-Akaysha re: Approval of TP Stage 2b

Letter 13/03/2025 Akaysha to DPHI, re: Commencement of Stage 2A construction activities

During the audit period, on 3/03/25 the auditees made a request to further stage TMP to the DPHI and the Department approved then request on 10/03/25.

TMP Stage 2a was approved by DPHI on 13/03/25, TMP Stage 2b was approved on 14/05/25.

The TMP was updated to Revision D, dated 21/03/25, by Consolidated Power Projects to reflect changes to project staging and relevant definitions

DPHI approvals of the staged TMPs (Stage 2a and 2b) issued on 13/03/25 and 14/05/25 respectively.

Refer also to B10 (implementation).

IA1:

Akaysha, in its email dated 17/06/2024, made a request to the Department to commence limited construction activities prior to the completion of Goolma Road upgrades. On 19/07/2024, The Department approved the request.

Akaysha, in correspondence dated 10/09/2024, notified DPHI of the commencement of Goolma Road upgrade road on the 29/08/2024 and the development plans to commence construction in line with the parallel works approval on the 11/09/2024.

IA2: The TMP has been staged as discussed in B10

The notification of commencement of Stage 2a on the 14/03/25 to the Department was provided in letter dated 13/03/25.

Non-compliance: The notification of commencement of construction of Stage 2B works on the 15 May 2025 was submitted on the 10 June 2025, approximately 4 weeks after the date in which construction commenced for Stage 2B This item is closed as the notification was submitted to DPHI and DPHI, in correspondence dated 11 June 2025 reminded the Applicant of the requirement to submit notifications regarding dates of commencement of construction prior to commencing any such works. DPHI also indicated that in this occasion it has determined that no further action is required.

Non-compliant

Letter 10/06/25 Akaysha to DPHI, re: Commencement of Stage 2B construction activities

Letter 11/06/25 DPHI to Akaysha, re: Orana BESS Construction Commencement Stage 2b

Final Layout Plans

C8 Prior to commencing construction, the Applicant must submit detailed plans of the final layout of the development to the Department via the Major Projects website, showing comparison to the approved layout and including details on the siting of battery storage and ancillary infrastructure.

The Applicant must ensure that the development is constructed in accordance with the Final Layout Plans.

Work as Executed Plans

C9 Prior to commencing operations or following the upgrades of any battery storage components or ancillary infrastructure, the Applicant must submit work as executed plans of the development showing comparison to the final layout plans to the Department via the Major Projects website and to Council.

Incident Notification

C10 The Applicant must notify the Department within 24 hours of becoming aware of an incident. The notification must be made via the NSW planning portal (Major Projects) and address details of the incident including:

a) date, time and location;

b) a brief description of what occurred and why it has been classified as an incident;

c) a description of what immediate steps were taken in relation to the incident; and

d) identifying a contact person for further communication regarding the incident.

C10A The Applicant must provide the Department with a subsequent incident report in accordance with Appendix 8 (Incident Notification and Reporting Requirements).

Non-Compliance Notification

C11 Within seven days of becoming aware of a non-compliance, the Applicant must notify the Department of the non-compliance. The notification must be in writing and must be submitted via the NSW planning portal (Major Projects). The notification must identify the development (including the development application number and name), set out the condition of this consent that the

DRW No. 12937-EL-DR-10000 Overall Site Layout Rev A 29/05/2024 by Consolidated Power Projects

DRW No. 12937-EL-DR-10001 Facility Plan Rev B 29/05/2024 by Consolidated Power Projects

DRW No. 12937-EL-DR-11100 General Arrangement Rev A 29/05/2024 by Consolidated Power Projects

Email 9/07/2024 DPHI-Akaysha re: Acknowledgement receipt for the submission of Final Layout Drawings

Interview with Auditees 4/06/2025

Sighted an email from DPHI dated 9/07/2024 acknowledging the submission of the final layout drawings to the Department.

No changes since last audit

Interview with Auditees 4/06/2025

SureWorx records January to May 2025

Refer to B10

The project is in the construction phase, this condition will be addressed during final phase. Not triggered

Interview with Auditees 4/06/2025

Refer to B10

Interview with Auditees 4/06/2025

Letter 1/05/2025 DPHI-Akaysha – Re: Orana BESS Biodiversity Offset Non-compliance

No incidents as defined in the Development Consent were reported under C1 during the audit period.

The auditee maintains incident records in the platform SureWorkx Incidents reported during the audit period included minor safety or environmental events. SureWorkx incidents records were sighted by the auditor.

As discussed in B14, an unexpected find associated with a powerful owl inactive nest was reported to DCCEEW and DPHI during the reporting period. In addition, a complaint was raised regarding a potential non-compliance associated with spring clearing. These two events are discussed in detailed in B14.

Refer to above Not triggered

Non-Compliance Notification Letter dated 14/04/25 was prepared by NGH, noting that payments made into the Biodiversity Conservation Fund intended to satisfy the obligations under Condition B12 for the retirement of biodiversity credits were completed in error, as they did

development is non-compliant with, why it does not comply, the reasons for the noncompliance (if known), and what actions have been undertaken, or will be undertaken, and when, to address the non-compliance.

Note: A non-compliance which has been notified as an incident does not need to also be notified as a noncompliance.

Letter 14/04/25 NGH-DPHI (Department of Energy, Resource and Industry Assessments) re: Orana BESS SSD 45242780 – DPHI Non-Compliance Notification Letter

C12 Deleted Mod-1 SSD 45242780 : Additional construction laydown area and permanent fill batters approved on 26/09/2029 by DPHI

C13 Deleted Mod-1 SSD 45242780 : Additional construction laydown area and permanent fill batters approved on 26/09/2029 by DPHI

INDEPENDENT ENVIRONMENTAL AUDIT

C14 Independent Environmental Audits of the development must be conducted and carried out in accordance with the Independent Audit Post Approval Requirements (2020) or as updated from time to time and published on the Department's website.

IAPAR 2020

Independent Audit 1 by WolfPeak dated 6/02/25

Post Approval dated 14/02/25 re: submission of Orana BESS Independent Audit No. 1 Rev 3, 6/02/25 by WolfPeak and response to audit findings.

Letter 26/02/2025 DPHI-Akaysha re: Response to submission of IA1

Orana BESS Proponent response to audit findings (IA1)

not include Prasophyllum sp. Wybong. The Proponent submitted the Charge Quote Application and retired the credits against the Charge Quote Statement in good faith, believing they were acting in compliance with the conditions of consent. The Proponent indicated that it will continue to work with DPHI and the Commonwealth Department of Climate Change, Energy, the Environment and Water (DCCEEW) to resolve this non-compliance.

The above matter was raised as a finding in IA1 (for details refer IA1 report) and it is reported as non-compliance in IA2 until a resolution of the issue is found.

This requirement was removed in Modification 1.

WolfPeak was engaged by Akaysha to undertake the independent audits for the project.

Independent Audit No. 1 Rev 3, dated 06/02/25, was prepared by WolfPeak, and the response to the audit findings was submitted to DPHI on the same date, within the required timeframe specified in the IAPAR 2020.

DPHI provided its response on 26 February 2025 regarding the submission of IA1 and considered the IEA report to generally satisfy the reporting requirements of the consent and IAPAR 2020.

The current audit has been undertaken in accordance with IAPAR (2020), and within the timeframes required under IAPAR (2020)

Non-compliance: The applicant’s original response to Independent Audit No. 1 (IA1) did not address the observations / opportunities for improvement, as required under IAPAR 2020.

It is however noted that the Applicant subsequently submitted a report to DPHI addressing the observation raised in IA1. the Observation raised in IA1 related to Biodiversity Offsets (B12) which has been separately reported to DPHI as discussed in B12 and does not need to be reported again. This item is closed as all findings of IA1 have now been reported to DPHI.

Non-compliant

C15 Deleted Mod-1 SSD 45242780 : Additional construction laydown area and permanent fill batters approved on 26/09/2029 by DPHI

C16 Deleted Mod-1 SSD 45242780 : Additional construction laydown area and permanent fill batters approved on 26/09/2029 by DPHI

C17 Deleted Mod-1 SSD 45242780 : Additional construction laydown area and permanent fill batters approved on 26/09/2029 by DPHI

C18 Deleted Mod-1 SSD 45242780 : Additional construction laydown area and permanent fill batters approved on 26/09/2029 by DPHI

This requirement was removed in Modification 1.

C19 Notwithstanding the requirements of the Independent Audit Post Approvals Requirements (2020), the Planning Secretary may approve a request for ongoing independent operational audits to be ceased, where it has been demonstrated to the Planning Secretary’s satisfaction that independent operational audits have demonstrated operational compliance. The project is under construction Not Triggered

ACCESS TO INFORMATION

C20 The Applicant must:

a) make the following information publicly available on its website as relevant to the stage of the development:

i. the EIS;

ii. the final layout plans for the development;

iii. current statutory approvals for the development;

iv. approved strategies, plans or programs required under the conditions of this consent (other than the Fire Safety Study and Emergency Plan);

v. the proposed staging plans for the development if the construction, operation and/or decommissioning of the development is to be staged;

vi. a comprehensive summary of the monitoring results of the development, which have been reported in accordance with the various plans and programs approved under the conditions of this consent;

vii. how complaints about the development can be made;

viii. any independent environmental audit, and the Applicant’s response to the recommendations in any audit; and

ix. any other matter required by the Planning Secretary; and

b) keep this information up to date.

There are two project websites with information about the project:

https://community.akayshaenergy.com/oranabess

https://akayshaenergy.com/projects/oranabess

https://community.akayshaenergy.com/oranabess

The website https://community.akayshaenergy.com/orana-bess contains the following or access to that information via links to the major projects website:

i. EIS

ii. A Final Layout Plan is uploaded

iii. The SSD approval is available in the Major Projects link provided in the website

iv. Environmental Management Strategy, Biodiversity Management Plan, Traffic Management Plan and Accommodation and Employment Strategy uploaded

v. Traffic Management Plan Stages uploaded

vi. Monitoring results not updated

vii. Community feedback form and contact details provided

viii. The first audit is available in the Major Projects link provided in the website

ix. The approved capacity increase to 415 MW and the Chance Finds Protocol are uploaded in the website in accordance with Planning Secretary requests (DPHI correspondences dated 4/03/2024 and 19/07/24 respectively)

Non-compliance: The project website does not include a comprehensive summary of the monitoring results for the development or the applicant’s response to the findings of Independent Audit No. 1.

Recommendation: Update the project website and include the monitoring results for the development and the applicant’s response to the findings of Independent Audit No. 1.

(Note: in response to the Draft IA2 report, the auditee advised that ongoing monitoring reports were uploaded incorrectly with sensitive personal information and Akaysha removed for editing prior to resubmission.)

APPENDIX B – PLANNING SECRETARY AGREEMENT

OF INDEPENDENT AUDITORS

APPENDIX C – CONSULTATION RECORDS

Consultation to DPHI

Consultation with Council – Dubbo Regional Council

Consultation with EPA

Consultation with Transport NSW

Consultation with NSW DCCEEW CPHR

Consultation with Heritage NSW

Consultation with Water Group of DCCEEW

Consultation with RFS

APPENDIX D – ATTENDANCE SHEET

APPENDIX E – SITE PHOTOS

Observations from the site inspection are provided in the table below. The Auditor was escorted around the site by Project personnel who made themselves available for this purpose.

Site inspection photographs

No. Comment Photograph

1 Vehicular access to site at Goolma Road