NOTE:

On 25 February 2021, the Environment Protection Authority issued notice No. 20214413 to amend this proposal.

 

Notice of Approval of Voluntary Management Proposal

 

Section 17 of the Contaminated Land Management Act 1997

Notice Number           20201712

Area Number             3458

Proponent:                Central Coast Council (ABN 51 341 155 951)

 

Land to which this notice applies

Description

Address

·         Lots 1-33 in DP 197405

·         Lots 14-29 in DP 24248

·         Lot 40 in DP519355

·         Lot 2 in DP 247233

·         Lots 8A & AB in DP 413380

·         Lot 1 in DP 232403

·         Lot 1 in DP 56797

Hylton Moore Park, Althorp Street, East Gosford, NSW 2250

Proposal date: June 2019

The approved proposal consists of this approval document and the attached proposal which comprises three Parts:

·         part 1 – Preliminary Details;

·         part 2 – Undertakings; and

·         part 3 – Performance Schedule.

 

BACKGROUND

 

The EPA is satisfied that the terms of the proposal, as modified by the conditions of this approval, are appropriate.

For the purposes of section 17(4) of the Contaminated Land Management Act 1997 (CLM Act), the EPA is satisfied that the proponent has taken all reasonable steps to identify and find every owner and notional owner of the land and every person responsible for significant contamination of the land and given those parties identified an opportunity to participate in the formulation and carrying out of the proposal on reasonable terms.

The contents of Part 1, Part 2 and Part 3 of the attached proposal form part of the terms of the approved proposal.

For the purposes of section 9(1) of the CLM Act, the EPA has had regard to the principles of ecologically sustainable development in assessing and approving this Voluntary Management Proposal [582 KB] and has also sought the implementation of those principles in the management of the site under this approved proposal.

 

APPROVAL AND CONDITIONS

 

The EPA approves the proposal subject to the following conditions. These conditions form part of the terms of the approved proposal:


1.    Each feature and milestone of the proposal is to be completed by the date specified in the proposal. Failure to satisfactorily complete any component by the due date for that feature or milestone may be taken as a failure to carry out the terms of the proposal for the purposes of section 17(6) of the CLM Act.

2.    The proponent cannot recover contributions under Part 3 Division 6 of the CLM Act.

3.    The proponent must make available for inspection by any person, free of charge, and provide a copy to any person for a reasonable fee, any document required to be prepared and submitted to the EPA under this voluntary management proposal. 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 or Privacy Act 1988 (Cth), contained in those documents.

4.    Where this proposal requires the proponent or any other person to give a document to the EPA, that document may be given to the EPA:

(i)    By emailing the document to RegOps.MetroNorth@epa.nsw.gov.au

 

(ii)   By delivering the document by hand to 4 Parramatta Square, 12 Darcy Street, PARRAMATTA NSW 2150.

 

(iii)  By posting the document to Attn: Director Regulatory Operations – Metro North, Locked Bag 5022, PARRAMATTA NSW 2124

 

 

ADDITIONAL INFORMATION

 

5.    The EPA may still exercise any powers it has under the CLM Act, or any other legislation, in relation to the site.

6.    The EPA may require the proponent to pay all or any costs incurred by the EPA in connection with any one or more of the following:

a.    Assessing and settling the terms of the approved voluntary management proposal;

b.    Monitoring action under the approved voluntary management proposal;

c.     Seeking the compliance of the proponent with the approved voluntary management proposal;

d.    Any other matter associated with, or incidental to, the matters set out in paragraphs

a.  to c. above.

[Signed]

PETER JAMIESON

Head Regional Operations Unit - Hunter Environment Protection Authority

 

(by delegation)

 

Date: 12 August 2020


NOTES:

 

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 s.10.7 of the Environmental Planning and Assessment Act 1979.

 

Relationship to other regulatory instrument

This repeal notice does not affect the provisions of any relevant environmental planning instruments which apply to the land or provisions of any other environmental protection legislation administered by the EPA.

 

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.