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).

Land to which this Declaration applies

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.

Significant Contaminant/s affecting the Land

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

Nature of harm caused, or that may be caused, by the Significant Contaminant/s

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.

Matters considered before declaring the Land to be significantly contaminated land

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 is discharging directly into Flat Rock Creek, which has resulted in ammonia concentrations in Flat Rock Creek above the ecological criteria.

·         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.

Further action to carry out voluntary management under the Act

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.

Submissions invited

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).

Further information about this Declaration

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.