Note:  On 21 December 2022, the Environment Protection Authority issued Notice Number 20221403 – Management Order


Environment Protection Authority

Notice to Amend Management Order

(Section 44 of the Contaminated Land Management Act 1997)

Notice Number 20224421; Area Number 3427


The land to which this notice applies was declared as “significantly contaminated land” (Declaration No. 20211109) by the Environment Protection Authority (EPA) and is the subject of Management Order (MO) No. 20211402. The MO requires the preparation of the Remedial Action Plan (RAP), Communication Engagement Plan (CEP) and the engagement of a NSW EPA Accredited Site Auditor.

Land to which this notice applies

The Land includes part of Ellis Road between Georgetown Road and Turton Road, Waratah and the following residential properties:






83 Turton Road, Waratah



5 Ellis Road, Waratah



3 Ellis Road, Waratah



1 Ellis Road, Waratah



1A Ellis Road, Waratah



81 Turton Road, Waratah



85 Turton Road, Waratah



6 Ellis Road, Waratah



4 Ellis Road, Waratah



2 Ellis Road, Waratah



2B Ellis Road, Waratah



75 Turton Road, Waratah



73 Turton Road, Waratah

Amendment of MO

A request has been made by Property and Development NSW (PDNSW) to amend the milestone dates in the MO. This is due to delays incurred due to poor weather conditions for undertaking site assessments, access issues and a request from the NSW EPA accredited Site Auditor to extend the review period. This also included a request for the separation of the Direction 4 for the reviews of the Remediation Action Plan (RAP) and the Consultation Engagement Plan (CEP) as the CEP will require the inclusion of the options proposed in the RAP prior to finalisation.

The EPA considers that the request from PDNSW for the amendment is reasonable and agrees to amend the MO as detailed below. 


Actions that the public authority subject to this Order must take in relation to the Land

All works set out in the MO must be completed by the revised deadlines specified below:

Stage 1 Works



Actions required by this Order

Completion date


Engage a site auditor accredited by the NSW EPA Site Auditor Scheme under Part 4 of the Act (the site auditor) to:

(a) undertake an independent review of the proposed Remedial Action Plan required under Direction 2 and Communication Engagement Plan required under Direction 3; and

(b) confirm the appropriateness of the Remedial Action Plan to address contamination of the Land; and

(c) provide its review to the EPA by the completion date.

All reports and plans required under this Management Order must be submitted to the EPA in accordance with Direction 4a and 4b, with interim audit advice prepared by the site auditor which comments on their appropriateness and whether the terms of the Management Order have been complied with.



Prepare a Remedial Action Plan (RAP) to address and manage the remediation of gasworks-related contamination of the Land, including the preferred strategy, milestones and timing. The RAP should include objectives, specifications and criteria for remediation works to address the significant contamination of the Land.

Property and Development NSW must provide a copy of the RAP to the Site Auditor, as per Direction 1.


By 6 June 2022


Prepare a Communication Engagement Plan (CEP), with reference to Schedule B8 Guideline on Community Engagement and Risk Communication of the National Environment Protection Council (April 2013) National Environment Protection (Assessment of Site Contamination) Measure 1999 (the NEPM). The CEP for the remediation program must include:

  1. identification of key stakeholders,
  2. a range of different communication measures to maximise access to information, and
  3. scheduled communication activities to update stakeholders of progress at regular intervals.

Property and Development NSW must provide a copy of the CEP to the Site Auditor, as per Direction 1.

By 20 June 2022


Provide a copy of the RAP and interim audit advice to the EPA for EPA consideration and feedback.

By 11 July 2022


Provide a copy of the CEP and interim audit advice to the EPA for EPA consideration and feedback.

By 25 July 2022


Implement the CEP prepared under Direction 3 and considered under Direction 4b to ensure key stakeholders are kept informed on the progress of the remedial work under this Management Order.

At the earliest opportunity following feedback from the EPA on the CEP


Report to the EPA any incidents of non-compliance with this Management Order.

Within 7 days of the non-compliance occurring


Inform the EPA of any change in the ownership or occupancy of the land, to the extent that Property and Development NSW is aware of the change.

At the earliest opportunity following Property and Development NSW becoming aware of a proposed change in ownership or occupancy of the Land, or where that is not possible, within 7 days of Property and Development NSW becoming aware of the occurrence of any such change.



Other than the amendments set out above, the remaining terms of MO No. 20211402 remain in force.


[signed 11 April 2022]



Executive Director Regulatory Operations Metro

Environment Protection Authority

DATE:    11 April 2022


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

Relationship to other regulatory instruments

This 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.