Note: On 6 December 2023, the Environment Protection Authority issued Notice Number 20234440 –Amendment of Management Order
Note: On 2 April 2023, the Environment Protection Authority issued Notice Number 20234406 – Notice to Amend Management Order
Environment Protection Authority
Management order
(Section 14 of the Contaminated Land Management Act 1997)
Order Number 20141403; Declaration Number 21083; Area Number 3249
Service: By registered mail
The Proper Officer
Government Property NSW
GPO Box 5341
SYDNEY NSW 2001
Attention: Michael Henry
A. On 9 August 2007 the Environment Protection Authority (“EPA”) declared Lot 1 in DP544937 and Lot 1 in DP641068 Nelson Parade, Hunters Hill (“the land”), significantly contaminated land (declaration No. 21083) under the Contaminated Land Management Act 1997 ("the Act").
B. The land was so declared because the EPA had reason to believe that the land was contaminated with coal tar pitch, polycyclic aromatic hydrocarbons, total petroleum hydrocarbons, arsenic and lead (“the significant contaminants”) in such a way as to warrant regulation under the Act.
C.
On 30 April 2013 the EPA approved a voluntary management proposal
(“VMP”)
(approval No. 20131708) from Government
Property NSW in relation to the land. Remediation of the land was to be
completed under the approved VMP in accordance with a remediation action plan.
A site audit statement and summary report was also to be prepared by a NSW EPA-accredited
Site Auditor under the approved VMP.
D.
Works proposed under the approved VMP have not been carried out to date
and the milestones and reporting requirements established in the approved VMP
have not been met. Consequently, the EPA has withdrawn its approval
(No. 20131708).
E. Prior to the making of this order the EPA considered any submissions made in accordance with s11(2)(e) as to whether an order should be issued.
F. Under s13(6) of the Act, any public authority may be specified as the subject of a management order whether or not as “an appropriate person” within the meaning of the Act.
This
order applies to the significantly contaminated land identified in declaration
No. 21083 made on 9
August 2007 and listed in the
following table (“the land”).
|
Description |
Address |
|
Lot 1 in DP544937 and Lot 1 in DP641068 |
Nelson Parade, Hunters Hill |
The persons who are required to be served with a copy of this order for the purposes of s.14(2) of the Act are listed in the following table.
Land |
Person |
|
Lot 1 in DP544937 and Lot 1 in DP641068 |
Government Property NSW |
The substances causing the contamination (the “significant contaminants”) are coal tar pitch, polycyclic aromatic hydrocarbons, total petroleum hydrocarbons, arsenic and lead.
The EPA believes that the land is contaminated and that the contamination is significant enough to warrant regulation for the following reasons:
- Coal tar pitch is present at the soil surface and is likely to be mobilised in hot weather; and
- Polycyclic aromatic hydrocarbons, arsenic and lead are present in the soil at the site in concentrations significantly exceeding the relevant Health Investigation Levels for both its current zoning as residential land and its proposed use as open space. Total petroleum hydrocarbons in the soil at the site are also present in concentrations exceeding the relevant guideline levels. The International Agency for Research on Cancer (IARC) classifies arsenic as carcinogenic to humans and some polycyclic aromatic hydrocarbons compounds as probable carcinogens.
GPNSW has prepared a comprehensive plan for remediation including the following documents:
- Remediation of former Radium Hill Company site Nelson Parade Hunters Hill, Environmental Assessment. Parsons Brinkerhoff, November 2012; and
- Remediation Action Plan. Golder Associates, 15 November 2012.
Together these documents are referred to as the Remediation Plan.
By this notice the EPA orders Government Property NSW as the appropriate person to which this order relates to do the following (subject to necessary approvals):
1. Seek consent for the remediation works from the Department of Planning and Environment by submitting a revised project plan and Submissions Report to the Department of Planning and Environment by 31 January 2015.
2. Confirm engagement of a remediation contractor to the EPA in writing by 31 January 2015.
3. Commence implementation of the Remediation Plan within 90 days of receipt of development consent for the remediation works.
4. Provide monthly progress reports on the progress of project approval and remediation works to the EPA.
5. Submit a Site Validation Report to the EPA prepared in accordance with guidelines made or approved by the EPA under s105 of the Act within 18 months of planning approval.
6. Submit a Site Audit Statement and Summary Report prepared by an EPA-accredited Site Auditor to the EPA within 2 years of planning approval.
All the activities associated with remediation of the land will be carried out in a manner that prevents or minimises the emission of dust, odour and noise from the site. Environmental monitoring and stormwater, sediment, erosion and dust control measures will be implemented in accordance with the Remediation Plan and a construction environmental management plan. Measures will include operation of a water treatment plant for management of onsite stormwater.
Make available for inspection by any person, free of charge, and provide a copy to any person for a reasonable fee:
a. each report; and
b. each plan of management;
required to be prepared and submitted to the EPA under this management order. It is not necessary to disclose:
(i) any information contained in those documents that relates to any manufacturing or other industrial or commercial secrets or working processes; or
(ii) any personal information, within the meaning of the Privacy and Personal Information Protection Act 1998, contained in those documents.
[Signed]
NIALL JOHNSTON
Manager Contaminated Sites
Environment Protection Authority
(by delegation)
Date: 7 November 2014
NOTE:
Cost Recovery
Section 34 of the Act allows the EPA to recover its costs in connection with preparing and serving, monitoring actions under, and seeking compliance with a management order.
Information recorded by the EPA
Section 58 of the Act requires the EPA to maintain a public record. A copy of this management order will be included in the public record.
Information recorded by councils
Section 59 of the Act requires the EPA to give a copy of this order to the relevant local council. The council is then required to note on its planning certificate issued pursuant to s.149 (2) of the Environmental Planning and Assessment Act 1979 that the land is currently subject to a management order. The EPA is required to notify council as soon as practicable when the order is no longer in force and the notation on the s.149 (2) certificate can be removed.
Relationship to other regulatory instrument
This order does not affect the provisions of any relevant environmental planning instruments which may control the land on which the land is located or provisions of any other environmental protection legislation administered by the EPA.
Guidelines made or approved under section 105 of the CLM Act.
All the investigation or remediation works must be carried out consistent with guidelines made or approved under section 105 of the Act. See www.epa.nsw.gov.au/clm/guidelines.htm.
Appeal rights
Under section 61 of the Act a person who is the subject of a management order has the right to appeal against the management order to the Land and Environment Court within 21 days of after the date of service.