Note: On 21 December 2023, the Environment Protection Authority issued Notice No. 202334449 – Amendment of Management Order.
Amendment of
Management Order
Sections 14 and 44 of the Contaminated Land Management Act 1997
To the Proper Officer
Camellia Grande Pty Ltd
PKF Sydney, Level 8
1 O’Connell Street
Sydney
NSW 2000
Attention: The Proper Officer
Amendment Order No.20234430; Declaration No. 21116; Area No. 3020
The Environment Protection Authority (EPA) has issued this order (Amendment Order) to Camellia Grande Pty Ltd (Camellia Grande) to amend Management Order No. 20221402 issued on 7 December 2022 (Original Order). Further information is set out below.
Please read this Amendment Order carefully and carry out the actions required. If you have any queries about the matter, please contact Maria Bowen on maria.bowen@epa.nsw.gov.au or (02) 9995 5618.
A. The EPA has responsibility for administration and enforcement of the Contaminated Land Management Act 1997 (Act) and has issued this Amendment Order under s 14 and 44 of the Act.
B. The land to which this Amendment Order applies is Lot 2 DP 539890 and Lot 2 DP 615549, known as 37A and 39 Grand Avenue, Camellia NSW (Site).
C. The Site has been the subject of the Original Order since 7 December 2022, issued under section 14 of the Act.
D. Camellia Grande is the registered proprietor of the Site.
E. The Original Order directed Camellia Grande as the appropriate person to carry out certain actions in relation to the management of the Site. This Amendment Order applies to Camellia Grande.
F. A copy of the Original Order (No. 20221402) showing the required actions can be accessed on the Contaminated Land Record of Notices on the EPA’s website at https://apps.epa.nsw.gov.au/prclmapp/searchregister.aspx.
G. Additional reports have been received by the EPA which record that pavements have been placed in portions of the Land, identified as ‘Lease Area 2’ and ‘Lease Area 5’ as shown on Figure 1.
H. The purpose of the Amendment Order is to amend the Original Order to reflect the additional information provided to the EPA, referred to in paragraph G, above. As a result, the actions in the Original Order have been amended to remove reference to the preliminary works and actions to be undertaken in Lease Areas 2 and 5.
I. This Amendment Order is taken to be made under the same provision of the Act as the Original Order, being section 14 of the Act.
The Original Order is amended as set out below and has effect inclusive of these amendments.
Replace Direction 1 in the Original Order with the following amended actions:
1. Cause
a Remedial Action Plan (RAP) (called a 'Plan of Management' in the Act)
to be prepared in relation to the Site by a certified consultant. The RAP must
be submitted to the EPA by 17:00pm on 15 April 2024. The RAP must identify and
reference the remedial work that has been completed on the Site and identify
remedial work that is outstanding, and includes but is not limited to:
a. Remediation works:
i. Preparation of a specification for the pavements in Lease Areas 3, 4 (but only to the extent that the RAP indicates it is not already paved) and 6 with reference to the thickness, permeability and minimum grade of the pavements for EPA approval;
ii. Installation of pavement seal across the surface of the western and north-western portion of the Site (for Lease Areas 3, 4 and 6 which were not reported to be subject to redevelopment);
iii. Transfer and placement of any excess excavated materials to stockpiles or holding areas for assessment for beneficial re-use or for off-site disposal;
iv. Transfer and placement of excavated materials deemed to require off-site disposal to stockpiles or holding areas and their off-site disposal in accordance with the relevant regulatory requirements (where required);
v. As part of the RAP, preparation of a validation sampling and quality plan (VSAQP) with a focus on the north-western portion of the Site;
vi. Monitoring of standing water levels in the wells identified in the VSAQP during and post-remediation works to assess performance of the pavement in accordance with the VSAQP to validate that the thickness, permeability and minimum grade of the pavement is met;
vii. Collecting of rainfall and tidal data for the Site for the duration of the remediation and validation works or as required by the VSAQP
viii. Monitoring of groundwater in wells identified in the VSAQP to assess conditions of groundwater after installation of the pavement to validate that the thickness, permeability and minimum grade of the pavement is met.
b. Validation work and Long-Term Environmental Management Plan;
i. Validation of the performance of the pavement in accordance with the VSAQP;
ii. On successful validation of the performance of the pavement, cause the preparation of a Long-Term Environmental Management Plan (LTEMP) by a certified consultant. Successful validation of the performance of the pavement would be measured by the specifications for the pavement having been met in accordance with a(i) and (ii) and seeps in the north-western portion of the Site having been reduced or not presenting a health risk and preventing rainwater from entering ground where the pavement has been placed;
iii. A copy of the LTEMP must be provided to the EPA by 31 January 2026;
iv. The LTEMP must be implemented upon approval of the LTEMP by the EPA.
v. Any lease/s entered into by Camellia Grande and its tenant/s, after the date of the RAP, are to require the tenant/s to not penetrate the pavement on the Site. In circumstances where the pavement is penetrated or damaged, the tenant/s are required to notify Camellia Grande promptly and without delay.
c. Remediation works contingency planning
i. Undertake an assessment as to whether contingency works are required;
ii. Should
contingency measures be necessary based on c(i), the requirements for these
measures are to be appropriately documented in the RAP and a Contingency
Remediation Works Plan is to be prepared by a certified consultant to detail
the remediation and validation works required. Contingency works to be considered
may include risk assessment and appropriate actions to reduce seeps and manage
environmental risk onsite.
d. Validation Report
i. Cause a Validation Report to be prepared by an certified consultant for the capping of the Site by 30 November 2025;
ii. A copy of the Validation Report is to be provided to the EPA within 14 days of it being finalised;
iii. The
Validation Report will supplement the LTEMP.
Replace Direction 2 in the Original Order with the following amended actions:
2. Submission of a Section B Site Audit Statement and Site Audit Report by a site auditor accredited under the Act must be submitted to the EPA by 17:00 on 28 February 2026 to certify that:
a. the Validation Report confirms that the goal of mitigating the risk to human health and the environment has been achieved and complied with relevant guidelines made or approved under the Act; and
b. the requirements for ongoing management / maintenance are appropriate to manage the contamination of the Site, including consideration of the LTEMP and any Contingency Remediation Works Plan.
All other aspects of the Original Order remain the same and continue to apply in conjunction with any amended and new actions imposed under this Amendment Order.
[signed 15 December 2023]
MARC COOPER
Acting Unit Head, Regulatory Operations Metro South
NSW Environment Protection Authority
(by delegation)
Date of this Amendment Order: 15 December 2023
Served by way of email.
Failure to comply
It is an offence under section 14(6) of the Act not to comply with a management order unless you have a reasonable excuse. In the event you are unable to enter land because of the refusal of access to the land by its occupier, then you may have a reasonable excuse as provided by section 14(7) of the Act, where entry to that land was essential to enable you to comply with the relevant part of the management order.
Penalty for not complying with a management order
The maximum penalty that a court may impose for an individual is $250,000 (if responsible for the contamination) or $66,000 (in any other case) and a further $60,000 for each day the offence continues. The maximum penalty for a corporation is $1,000,000 (if responsible for the contamination) or $137,500 (in any other case) and a further $120,000 for each day the offence continues.
Continuing obligation
Under section 108A of the Act, an order made under the Act that specifies a time by which, or period within which, a direction or other requirement in the order must be complied with continues to have effect until the direction or requirement is complied with. Where a time is not specified, the direction or requirement continues to have effect until it is complied with.
Refusal of entry onto land
In accordance with section 32 of the Act, a management order does not confer any power to enter land, remain on land or do anything on land, without the permission of the occupier of the land. However, if the occupier withholds or withdraws that permission, the EPA may revoke or suspend the management order and instead issue an order to the occupier.
Appeal rights
Under section 61 of the Act a person who is the subject of a management order may appeal against the order to the Land and Environment Court within 21 days after the date of service of the order.
Amendment or repeal
A management order may be amended or repealed by subsequent orders. The order remains in force until it is amended or repealed or when the land the subject of the order ceases to be significantly contaminated land.
Cost recovery
Section 34 of the Act allows the EPA to recover its costs in connection with preparing and serving, monitoring actions under, and seeking compliance with, a management order. The EPA may also recover the costs of any other matter associated with or incidental to these matters, or any other matter prescribed by the regulations.
Information recorded by the EPA
Section 58 of the Act requires the EPA to maintain a public record. A copy of this order will be included in the public record and is available at the principal office of the EPA and on the EPA’s website.
Information recorded by councils
Section 59(1)(b) of the Act requires the EPA to inform the relevant local council of this order. A planning certificate issued under s 10.7 of the Environmental Planning and Assessment Act 1979 must specify if the land to which the certificate relates is subject to a management order at the date when the certificate is issued. If a council includes advice in a planning certificate regarding a management order that no longer applies to the land the subject of the order, it is to make it clear on the planning certificate that the order no longer applies.
Relationship to other regulatory instruments
This order 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.
Guidelines made or approved under section 105 of the Act
All the investigation or remediation works must be carried out in accordance with guidelines made or approved under section 105 of the Act. See https://www.epa.nsw.gov.au/your-environment/contaminated-land/statutory-guidelines.
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.
