NOTE: On 1 December 2021, the Environment Protection Authority issued Notice No. 20214445 – Notice to amend Voluntary Management Proposal.
Notice to Amend Approved Voluntary Management Proposal
Sections 17 and 44 of the Contaminated Land Management Act 1997
Notice Number: 20214413 Area Number: 3458 25 February 2021
To: Central Coast Council (ABN 51 341 155 951)
The Environment Protection Authority (EPA) has issued this Notice to Amend Approved Voluntary Management Proposal (Amendment Notice) to notify you of amendments to the originally approved Voluntary Management Proposal No. 20201712 (original VMP).
Please read this Amendment Notice carefully and comply with its conditions. If you have any queries about this matter, please contact the EPA.
3. Land to which this Amendment Notice applies
The land to which this Amendment Notice applies is Hylton Moore Park, Althorp Street, East Gosford NSW 2250 (the Land), being made up of:
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• 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
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The EPA is responsible for administration and enforcement of the Contaminated Land Management Act 1997 (Act) and has issued this Amendment Notice under section 44 of the Act.
The Land was declared as significantly contaminated land on 10 March 2020 (Declaration No. 20201106) under s 11 of the Act.
The original VMP was issued under s 17 of the Act on 12 August 2020.
5. Reasons for the Amendment
The purpose of the amendment is to reflect updated timelines due to delays in Council’s procurement process with regard to engaging qualified environmental consultants.
The EPA is satisfied that the terms of the approved voluntary management proposal, as modified by this Amendment Notice, are appropriate. This Amendment Notice is taken to be made under the same provisions of the Act as the Original Notice.
The amended deadlines for completion of works (and those works already completed) outlined in the Original VMP are specified below:
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Works |
Comment or Revised Deadline |
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Community Consultation Plan |
Completed |
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Interim Site Management Plan |
April – July 2021 |
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Sampling Analysis Quality Plan (SAQP) for the Detailed Site Investigation (DSI) |
April – July 2021 |
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DSI fieldworks, including groundwater, surface water and landfill gas sampling event |
July – August 2021 |
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Preparation of DSI report |
August - September 2021 |
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Auditor review of DSI; to include site audit statement |
October – December 2021 |
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Development of Remedial Action Plan (RAP) and/or Human Health and Ecological Risk Assessment (HHERA) |
Within 3 months, depending on the outcome of DSI |
The amended deadlines to provide reports to the EPA are specified below:
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Report |
Comment or Revised Deadline |
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R1. Interim Site Management Plan |
July 2021 |
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R2. Community Consultation Plan |
Completed |
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R3. SAQP |
July 2021 |
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R4. DSI Report |
November 2021 |
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R5. Site Audit Statement |
December 2021 |
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R6. RAP |
Within 3 months of the Site Audit Statement, depending on the outcome of R3 and R4 |
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R7. HHERA |
Within 3 months of the Site Audit Statement, depending on the outcome of R3 and R4 |
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R8. Site Audit Report |
Within 2 months of completion of RAP/HHERA |
All other conditions in the Original Notice remain the same and continue to apply in conjunction with any amended and new conditions imposed under this Amendment Notice.
[signed]
25 February 2021
PETER JAMIESON
Unit Head - Regulatory Operations – Metro North
Environment Protection Authority
(By delegation)
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 and is accessible on the EPA’s website.
Information recorded by councils
Section 59(1)(c) of the Act requires the EPA to inform the relevant local Council as soon as reasonably practicable after giving its approval for a voluntary management proposal relating to the Land to which this notice applies. Section 44(2)(d) of the Act outlines that an amendment of an approved voluntary management proposal is to be taken to be made under the same provisions as the original approved voluntary management proposal (namely. under s 17 of the Act). In these circumstances, and pursuant to s 59(2)(c) of the Act, the existence of an approved voluntary management proposal (or amended approved voluntary management proposal ) is a prescribed matter to be specified in a planning certificate issued pursuant to s 10.7 of the Environmental Planning and Assessment Act 1979. Pursuant to s 59(3) of the Act, if a Council includes advice in a planning certificate regarding an approved voluntary management proposal that no longer applies to the Land, it is to make it clear on the planning certificate that the notice no longer applies.
Relationship to other regulatory instruments
This Amendment 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.
Preparation and approval of reports submitted to EPA to comply with this Amendment Notice
Any report submitted to the EPA to comply with this voluntary management proposal 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.
Note: If a report submitted has not been prepared or reviewed and approved by a certified consultant, the EPA will not accept the report. The report will be returned to the regulated party to arrange for review and approval by a certified consultant.