Declaration of significantly contaminated land
Section 11 of the Contaminated Land Management Act 1997
Declaration No. 20231106; Area No. 3553
The Environment Protection Authority (EPA) declares the following land to be significantly contaminated land under s 11 of the Contaminated Land Management Act 1997 (Act).
1. This Declaration applies to significantly contaminated land associated with the Bicentennial Reserve Former Landfill, Willoughby, NSW, 2068 (Land), inclusive of the following Lots:
|
Full Lots |
|
|
Lot 869 in DP 752067 |
Lot 1 in DP 125620 |
|
Lot 2 in DP 57586 |
Lot 1 in DP 115636 |
|
Lot 3 in DP 522788 |
Lots 1 & 2 in DP 115624 |
|
Lot 1 in DP 524253 |
Lot 702 in DP 778776 |
|
Lot 1 in DP 334861 |
Lot 1 in DP 5889 |
|
Lot 7 in DP 666241 |
Lot 1 in DP 399 |
|
Lots 111, 112 & 113 in DP 129029 |
Lots 20 & 22 in DP 977176 |
|
Lot 2 in DP 332680 |
Lot C in DP 316969 |
|
Lot 21 in DP 1257434 |
Lots 1 & 2 in DP 115622 |
|
Lot 3 in DP 506449 |
Lot 1 in DP 125619 |
|
Lot 1 in DP 315723 |
Lot 1 in DP 725764 |
|
Lot 7 in DP 524254 |
Lot 21 in DP 977176 |
|
Part Lots |
|
|
Lot 1 in DP81035 |
Lot 1 in DP 963964 |
|
Lot C in DP 360612 |
|
2. A map of the Land is attached to this Declaration in Attachment 1.
3. The EPA has reason to believe that the Land is contaminated with the following substances (Significant Contaminant/s) in such a way as to warrant regulation as significantly contaminated land under the Act:
(i) Ammonia
4. The EPA has reason to believe harm may be caused by the Significant Contaminant/s, including:
(i) Migration of ammonia in leachate to offsite surface and groundwaters, potentially causing ecological harm.
5. Before making this Declaration, the EPA has taken into account relevant guidelines and each of the matters listed in s 12(1) of the Act with respect to the Significant Contaminant/s that the EPA believes cause the Land to be contaminated.
6. The EPA believes that the Land is contaminated, and that the contamination is significant enough to warrant regulation under the Act for the following reasons:
· Leachate from the landfill has impacted the groundwater in the underlying sandstone and is likely to be migrating from the site. Elevated ammonia in groundwater leaving the site has the potential to harm aquatic ecology in Flat Rock Creek and downstream Groundwater Dependent Ecosystems.
7. The making of this Declaration does not prevent the carrying out of voluntary management of the Land by any person. Any person may submit a voluntary management proposal for the Land to the EPA.
8. Any person may make a written submission to the EPA on:
· whether the EPA should issue a management order in relation to the Land; or
· any other matter concerning the Land.
9. Submissions should be made in writing and sent to:
Email RegOps.MetroSouth@epa.nsw.gov.au
or
Post Director Operations – South Metro
NSW Environment Protection Authority
Locked Bag 5022
PARRAMATTA NSW 2124
10. Submissions should be made by no later than 5:00pm on 20 November 2023.
11. Information on contaminated land management can be found on the EPA’s website at: www.epa.nsw.gov.au/your-environment/contaminated-land
[signed 20 October 2023]
Julian Thompson
A/Director Regulatory Operations
NSW Environment Protection Authority
(by delegation)
Date of this Declaration: 20 October 2023
This Declaration is made by notice published in the NSW Government Gazette as required by s 11(2).
Management Order may follow
If management of the Land or part of the Land is required, the EPA may issue a Management Order under s 14 of the Act.
Amendment or Repeal
This declaration may be amended or repealed. It remains in force until it is otherwise amended or repealed. The subsequent declaration 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 significantly contaminated land declaration 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.
Information recorded by Councils
Section 59(a) of the Act requires the EPA to inform the relevant local Council as soon as practicable of this Declaration. Pursuant to s 59(2)(a) of the Act, land being declared to be significantly contaminated land 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. The EPA is also required to inform the relevant Council as soon as practicable when the declaration is no longer in force. Pursuant to s 59(3) of the Contaminated Land Management Act 1997, if a Council includes advice in a planning certificate regarding a declaration of significantly contaminated land that is no longer in force, the Council is to make it clear on the planning certificate that the declaration no longer applies.
Relationship to other regulatory instruments
This Declaration 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.