Why is the EPA writing to you?

The Environment Protection Authority (EPA) has issued this order (Amendment Order) to amend Management Order No. 20141403 issued on 7 November 2014 (Original Order). Further information is set out below.

What are you required to do?

Please read this Amendment Order carefully and carry out the actions required. If you have any queries about the matter, please contact info@epa.nsw.gov.au.

BACKGROUND

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.

Land to which this Amendment Order applies

B. The land to which this Amendment Order applies is Lot 1 in DP544937 and Lot 1 in DP641068 located at Nelson Parade Hunters Hill (Land).

C. The Land was declared as significantly contaminated land on 9 August 2007 by Declaration No. 21083. The Land has also been the subject of a Management Order since 7 November 2014, issued under section 14 of the Act.

Person(s) to which this Amendment Order applies

D. The Original Order directed the landowner as the appropriate person to carry out certain actions in relation to the management of the Land. This Amendment Order applies to that landowner, currently known as Property and Development NSW as the appropriate person.

E. A copy of the Original Order (No. 20141403) as amended by Notices 20174418 and 20234406 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.

Reasons for Amendment

F. Property and Development NSW requested amendment to the Management Order due to significant rainfall (approximately twice the annual rainfall) which delayed remediation works at the site, sustainability improvements in relation to the offsite disposal of waste and other factors.

G. This Amendment Order is taken to be made under the same provisions of the Act as the Original Order.

AMENDMENT OF ORIGINAL ORDER

The Original Order is amended as set out below and has effect inclusive of these amendments.

Actions required by this Order		Current completion date	New completion date
5	Submit a Site Validation Report to the EPA prepared in accordance with guidelines made or approved by the EPA under s105 of the Act.	By 30 September 2023		By 30 April 2024
6	Submit a Site Audit Statement and Summary Report prepared by an EPA-accredited Site Auditor to the EPA.	By 31 January 2024.		By 31 July 2024

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 6 December 2023]

GEORGE OREL

Unit Head Regulatory Operations Metro South

Regulatory Operations Metropolitan

(by delegation)

Date of this Amendment Order: 6 December 2023

INFORMATION ABOUT THIS ORDER

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.