Environment Protection Authority
Notice to amend significantly contaminated land declaration
(Section 44 of the Contaminated Land Management Act 1997)
Notice Number 20184410; Area Number 3183
The land to which this notice applies was declared as “significantly contaminated land” (declaration No. 21089) and has been the subject of four staged and completed Voluntary Management Proposals (VMP) approved by the Environment Protection Authority (EPA) (Approval Notice No 26061, Notice No 26093, Notice No 26109 and Notice No 20101723). The land is also subject to two Management Orders (Order No 20131407 and Order No 20131408) issued by the EPA.
Based on the review of site investigations and the proposed remediation plan for the site, it has been identified that contamination and the area subject to proposed remediation extends to adjacent land to the north, on Lot 2 DP234288. The nature and extent of contamination of the adjacent land is such that EPA has determined that it warrants regulation under the Contaminated Land Management Act 1997 (CLM Act). As such, Declaration No. 21089 requires amendment to enable the regulation of the adjacent land.
2. Land to which this amendment applies
Declaration No. 21089 applies to land located 15 Greenleaf Road, Kooragang Island NSW, consisting of Lot 3 DP 234288, within the local government area of Newcastle City Council.
This amendment extends the declared area to include the parcel of land (“the additional declared land”) consisting of Lot 2 DP 234288, 15 Greenleaf Road, Kooragang Island NSW.
The land to which this amendment applies is shown on Figure 1 (attached).
Pursuant to section 44 of the CLM Act, this notice amends the Declaration of significantly contaminated land No. 21089, dated 16 November 2005 and gazetted on 2 December 2005, as follows:
This declaration applies to the land that is described as Lot 3 DP 234288, and Lot 2 DP 234288, located at 15 Greenleaf Road, Kooragang Island NSW, within the local government area of Newcastle City Council. The site is shown on Figure 1 (attached).
4. Nature of the contamination affecting the additional declared land
The EPA has found that the additional declared land is contaminated with arsenic (“the contaminant”).
5. Nature of harm that the contaminants may cause
The EPA has considered the matters in section 12 of the Act and for the following reasons has determined that the additional declared land is contaminated and that the contamination is significant enough to warrant regulation under the Act:
· Groundwater is contaminated with arsenic at concentrations exceeding the relevant groundwater investigation levels for the protection of aquatic ecosystems;
· Contaminated groundwater has migrated off the site and may continue to migrate. The contaminated groundwater has the potential to impact on the quality of the waters and sediment of the Hunter River; and
· There are potential human and biota exposure pathways to the contaminant.
6. Further Action under the Act
The making of this declaration does not prevent the carrying out of voluntary management of the site and any person may submit a voluntary management proposal for the site to the EPA.
7. Submissions invited
The public may make written submissions to the EPA on:
· Whether the EPA should issue a management order in relation to the site; or
· Any other matter concerning the site.
Submissions should be made in writing to:
Director Contaminated
Land Management
Environment Protection Authority
PO Box A290
SYDNEY SOUTH NSW 1232
or faxed to 02 9995 5930
by not later than 4 weeks from the date of this notice.
[Signed]
Arminda Ryan
Director Contaminated Land Management
Environment Protection Authority
(by delegation)
Date: 23 June 2018
NOTE:
Information recorded by the EPA
Section 58 of the CLM Act requires the EPA to maintain a public record. A copy of this notice will be included in the public record.
Information recorded by councils
Section 59 of the CLM Act requires the EPA to give a copy of this notice to the relevant local council. The council may then make appropriate consequential modifications to the planning certificate issued in relation to the land to which this notice applies pursuant to s10.7 of the Environmental Planning and Assessment Act 1979.
Previous regulatory instrument
As of 1 July 2009, all current declarations of investigation area and declarations of remediation site are taken to be declarations of significantly contaminated land, all current investigation orders and remediation orders are taken to be management orders and all current agreed voluntary investigation proposals and agreed voluntary remediation proposals are taken to be approved voluntary management proposals.
