NOTE: on 24 June 2021, the Environment Protection Authority issued Notice No. 20214426 – Notice to repeal preliminary investigation order.
NOTE: On 1 February 2021, the Environment Protection Authority issued Notice No. 20214406 to request for extension.
Preliminary Investigation
Order
Section 10 of the Contaminated Land Management Act 1997
To: Lane Cove Council ABN 42 062 211 626
PO Box 20
LANE COVE NSW 1595
Attention: The Proper Officer
Preliminary Investigation Order No. 20201010; Area No. 3475
The Environment Protection Authority (EPA) has issued this Preliminary Investigation Order to you to conduct a preliminary investigation into suspected contamination on the land described below. Further information is set out below.
Please read this Order carefully and carry out the actions required in the Order by the dates shown. If you have any queries about this matter, please contact Giselle Goloy on giselle.goloy@epa.nsw.gov.au or on (02) 9995 6936.
A. The EPA has responsibility for the administration and enforcement of the Contaminated Land Management Act 1997 (Act). The EPA has issued this Order under s10 of the Act, which permits investigations to be carried out into suspected contamination.
B. The land to which this Order applies is described as Lot 101 in DP 567239, Lot E in DP 307172 and part Lot F in DP 307172, located at 301B Burns Bay Road, Lane Cove West NSW 2066 (Specified Land).
C. The Specified Land is within the Lane Cove Local Government Area.
D. A map of the Specified Land is attached to this Order.
E. On 14 October 2020, the EPA was notified of potential contamination on the Specified Land whilst Sydney Water was undertaking environmental investigations on their property located at 331 – 335 Burns Bay Road, Lane Cove NSW 2066.
F. Information provided by Sydney Water indicates that the residential apartment block south-east of the Specified Land may have historically (pre–1970s) been used as a small chemical manufacturing facility or laboratory.
G. On 3 November 2020, the EPA attended the Specified Land with Sydney Water representatives and their Environmental Consultant and was shown potentially contaminated soil and deleterious material observed along the walking path of the Specified Land.
H. The potential contamination (e.g. various coloured rocks, crystalline and/or chalky material in soil, black sludge-like materials) detected along the public walking track and on portions of the adjacent residential apartment block may pose a risk to the public using the walking track, nearby residents, and the nearest environmental receptor (Lane Cove River).
I. The nature and extent of potential soil contamination, including its likely source, has not been determined.
J. The EPA reasonably suspects the Specified Land is potentially contaminated with one or more of the following substances (Specified Substances):
(i) Heavy metals (arsenic, cadmium, chromium, copper, lead, mercury, nickel, and zinc)
(ii) Polychlorinated biphenyls (PCBs);
(iii) Polycyclic aromatic hydrocarbons (PAHs), including Naphthalene, total PAHs, and carcinogenic PAHs measured as benzo(a)pyrene toxic equivalent quotient
(iv) Organochlorine/organophosphorus pesticides (OCPs/OPPs);
(v) Asbestos;
(vi) Petroleum hydrocarbon compounds, measured as total recoverable hydrocarbons (TRH); and
(vii) Benzene, toluene, ethylbenzene, xylenes (BTEX).
K. The Specified Substances were detected in soil samples at locations adjacent to the Specified Land. The EPA suspects the Specified Land may also be potentially contaminated with the Specified Substances.
L. The Specified Substances are known to bioaccumulate and persistent in the environment.
M. Under sections 10(3) (b) of the Act, the EPA has the power to serve a preliminary investigation order on an owner of the Specified Land to undertake an environmental investigation on the Specified Land.
N. Under sections 10(3) (e) of the Act, the EPA has the power to serve a preliminary investigation order on a public authority to undertake an environmental investigation on the Specified Land.
O. The EPA is issuing Lane Cove Council with this Order as (b) the owner of the Specified Land and (e) as a public authority responsible for the management and maintenance of the Specified Land.
The EPA directs Lane Cove Council as the appropriate person to do the following:
(a) Engage a suitably qualified contaminated land consultant with EPA-recognised certification (refer to the information at the end of this Order) to undertake the actions set out below.
(b) By 5:00 P.M. on 23 December 2020, prepare and submit to the EPA a scope of works, including timeframes, for environmental investigations that will be undertaken to address the points below:
(c) Carry out investigations to determine:
(i) Historical uses and owners of the Specified Land.
(ii) Whether the land is contaminated with substances (specified in the Order).
(iii) The nature and extent of any such contamination, including potential migration towards Lane Cove River.
(iv) Whether there exists a potentially complete source-pathway-receptor link through the development of a conceptual site model (CSM) for the Specified Land and Specified Substances.
(d) By 5:00 P.M. on 17 February 2021, provide the EPA with a preliminary environmental site investigation report documenting the findings of the investigations/actions carried out in accordance with points (a), (b), and (c) above.
Send all reports and correspondence required under this Order to:
Email RegOps.MetroRegulation@epa.nsw.gov.au
or
Post Director Regulatory Operations Metro North
NSW Environment Protection Authority
Locked Bag 5022
PARRAMATTA NSW 2124
[Signed]
Andrew Hawkins
Unit Head –
Regulatory Operations Metro North
NSW Environment Protection Authority
(by delegation)
Date of this Order: 20 November 2020
It is an offence against section 10(5) of the Act to fail to comply with this Order without reasonable excuse. In the event the person is unable to enter land because of the refusal of access to the land by its occupier, then a person may have a reasonable excuse as provided by s.10(6) of the Act, where entry to that land was essential to enable the person to comply with the relevant part of the Preliminary Investigation Order.
Continuing offences
Under s 108A of the Act, an order made under the Act that specifies a time by which, or period within which, a direction or other requirement in the order must be complied with continues to have effect until the direction or requirement is complied with. Where a time is not specified, the direction or requirement continues to have effect until it is complied with.
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 preliminary investigation order.
Declaration of significantly contaminated land or management order may follow
The EPA may declare land to be significantly contaminated land under s11 of the Act if it believes that the land contamination is significant enough to warrant regulation under s12 of the Act. In circumstances where land is declared to be significantly contaminated land, the EPA may issue a Management Order under s14 of the Act.
Amendment or Repeal
This Order may be varied by subsequent Orders. It remains in force until it is otherwise amended or repealed. The subsequent Order must state the reasons for the amendment or repeal (s 44 of the Act).
Information recorded by the EPA
Section 58 of the Act requires the EPA to maintain a public record. A copy of this preliminary investigation order will be included in the public record and is available for access at the principal office of the EPA and on the EPA’s website.
Relationship to other regulatory instruments
This Order does not affect the provisions of any relevant environmental planning instruments which apply to the Specified Land or provisions of any other environmental protection legislation administered by the EPA.
Refusal of entry onto land
In accordance with s 32 of the Act, this Order does not confer any power to enter land, remain on land or do anything on land, without the permission of the occupier of the land. However, if the occupier withholds or withdraws that permission, the EPA may revoke or suspend the Order and instead issue an order to the occupier.
Preparation and approval of reports submitted to EPA to comply with this Order
Any report submitted to the EPA to comply with this Order must be prepared, or reviewed and approved, by a consultant certified by an EPA recognised scheme. A personalised electronic seal providing evidence of certification must be affixed alongside the certified person’s details in the quality information section of a report. If a report submitted has not been prepared or reviewed and approved by a certified consultant, the EPA will not accept the report.
Further information, and a list of contaminated land consultant certification schemes recognised by the EPA is available on the EPA’s website at http://www.epa.nsw.gov.au/your-environment/contaminated-land/managing-contaminated-land/engaging-consultant.
