Licence conditions for pollution studies and reduction program


  

Licence conditions for pollution studies and reduction programs

Summary
 
Licence number: 2094
Title: Premises Noise Limits
Start date: 25 Jun 2012
 
Licence Condition
The licensee must conduct a noise assessment in accordance with the document, 'NSW Industrial Noise Policy', (EPA 2000) for the operations and activities carried out at the licensed premises and submit a report to the Manager, Hunter Region, by no later than 31 May 2013.
The report referred to in condition U1.1 must include, but is not limited to the following: 1.  Project Specific Noise Levels for the nearest noise sensitive receiver location(s). The project specific noise levels may be sourced from recent documentation submitted in support of a project approval applications, or determined specifically in response to this condition, provided that: (a) The source of the project specific noise levels are stated; (b) The project specific noise levels have been derived in accordance with the NSW industrial Noise Policy (EPA 2000), (“INP”); (c) Details are provided of how the project specific noise levels have been derived; and (d) The nearest noise sensitive receiver locations chosen are representative of those potentially most affected by noise from the premises. 2.  Predicted or measured noise level contributions for the noise sensitive receiver locations identified in U1.2-1 above as a result of all activities and operations carried out at the premises. These may be sourced from recent documentation submitted in support of a project approval or determined specifically in response to this conditions provided that: (a) The source of the predicted or measured noise level(s) are stated; (b) Noise levels have been predicted or measured in accordance with the INP; and (c) Details of how the noise levels have been predicted are provided. 3.  Noise limits proposed for the location(s) identified in U1.2-1 above, derived with regard to the project specific noise levels and predicted noise level contributions from U1.2-1 and U1.2-2 above, that can be placed on the licence, for all activities and operations carried out at the premises. 4.  Details of methods to be used to determine compliance with limits in U1.2-3 above.
(a)  A reference to the INP includes a reference to INP Application Notes; and (b)  Noise sensitive receiver locations do not include any locations owned by the licensee or another coal mine or where a negotiated agreement (as outlined in the INP) is in place between the landowner and any licence holder.
A financial assurance in the form of an unconditional and irrevocable and on demand guarantee from a bank, building society or credit union operating in Australia as "Authorised deposit-taking Institutions" under the Banking Act 1959 of the Commonwealth of Australia and supervised by the Australian Prudential Regulatory Authority (APRA) must be provided to the EPA no later than one month after the issue of this licence.
The financial assurance must be in favour of the Environment Protection Authority in the amount of one hundred thousand dollars ($100,000.00). The financial assurance is required to secure or guarantee funding for works or programmes required by or under this clause. The financial assurance must contain a term that provides that any money claimed can be paid to the EPA or, at the written direction of the EPA, to any other person. The licensee must provide to the EPA, along with the original counterpart guarantees, confirmation in writing that the financial institution providing the guarantees is subject to supervision by APRA.  
The financial assurance must be maintained during the operation of the facility and thereafter until such time as the EPA is satisfied the premises is environmentally secure.
The EPA may claim on a financial assurance under section 303 of the Act if a licensee fails to carry out any work or program required to comply with the conditions of this licence.
The financial assurance must be replenished by the full amount claimed or realised if the EPA has claimed on or realised the financial assurance or any part of it to undertake a work or program required to be carried out by the licensee which has not been undertaken by the licence holder.