Why is the EPA writing to you?

The Environment Protection Authority (EPA) has issued this Preliminary Investigation Order to you to conduct a preliminary investigation into suspected contamination on the land described below. Further information is set out below.

What are you required to do?

Please read this Order carefully and carry out the actions required in the Order by the dates shown. If you have any queries about this matter, please contact Sean Greenhill on info@epa.nsw.gov.au or on (02) 6333 3808.

BACKGROUND

A. The EPA has responsibility for the administration and enforcement of the Contaminated Land Management Act 1997 (Act). The EPA has issued this Order under s 10 of the Act, which permits investigations to be carried out into suspected contamination.

Specified Land to which this Order applies

B. The land to which this Order applies is described as Lot 8 in Section 104 of DP 758065, at 71 Russell St, Bathurst; NSW, 2795, Lot 1 of DP 1037588; and the road corridor of Bryant St, Bathurst, NSW, 2795 (Specified Land).

C. A map of the Specified Land is attached to this Order.

EPA Investigations

D. Potentially contaminating activities have been conducted as part of historical gasworks activities at the Specified Land, including the production and storage of ‘town gas’.

E. On 3 April 2025, the EPA received a communication from NSW Crown Lands, as the owner of the Specified Land, providing a notification of contamination as per s60 of the Act.

F. The communication also provided a copy of a report titled “Former Bathurst Gas Works- Further Intrusive Site Investigation”, authored by WSP Pty Ltd and dated January 2025.

G. After receiving the report, the EPA commenced an assessment of the Specified Land in accordance with s12 of the Act, however the information in the report was insufficient to complete the assessment.

H. The information provided to the EPA to date indicates that potentially contaminating activities have been conducted at the Specified Land and soil and groundwater at the site is contaminated.

Who is directed by this Order?

I. Under s 10(3) (a) of the Act, the EPA has the power to serve a preliminary investigation order on a public authority, to undertake a preliminary investigation of the Specified Land.

J. The EPA is issuing Bathurst Regional Council with this Order as a public authority.

Nature of contamination potentially affecting the Specified Land

K. The EPA reasonably suspects the Specified Land is potentially contaminated with one or more of the following substances (Specified Substances):

(i) Polycyclic Aromatic Hydrocarbons (PAHs), including Benzo(a)pyrene and Naphthalene

(ii) Petroleum hydrocarbon compounds including BTEX (Benzene, Toluene, Ethylbenzene and Xylenes)

(iii) Cyanide

(iv) Ammonia

(v) Heavy metals (including cadmium, chromium, copper, nickel and zinc)

L. The Specified Substances have been detected in soil and/or groundwater at the Specified Land.

M. The Specified Substances are known to have the potential to cause adverse effects on human health and the environment.

WHAT THIS ORDER DIRECTS YOU TO DO

The EPA directs Bathurst Regional Council as the appropriate person to do the following:

1. By no later than 5pm on 27 February 2026, engage a suitably qualified contaminated land consultant with EPA-recognised certification (refer to the information at the end of this Order) to undertake the actions set out below in paragraphs 2, 3 and 4 of this Order; and provide written confirmation to the EPA of this engagement.

2. By no later than 5pm on 24 April 2026, prepare and submit to the EPA a Sampling and Analysis Quality Plan that describes the proposed groundwater investigations that will be undertaken to identify:

(a) the nature and extent of the contamination of groundwater at the Specified Land with the Specified Substances;

(b) the potential for migration of the Specified Substances from the Specified Land via groundwater; and

(c) any complete source-pathway-receptor linkages through development of a conceptual site model for the Specified Land and Specified Substances,

3. By no later than 5pm on 25 September 2026, complete all investigations described in the Sampling and Analysis Quality Plan, as approved by the EPA, and provide a report to the EPA detailing the findings of the investigations.

4. Send all reports and correspondence required under this Order to:

Email info@epa.nsw.gov.au

Post Operations Division

NSW Environment Protection Authority

Locked Bag 5022

PARRAMATTA NSW 2124

[Signed 25 November 2025]

Fred Hennessy

Unit Head

NSW Environment Protection Authority

(by delegation)

Date of this Order: 25 November 2025

Sent by email to aimee.ford@bathurst.nsw.gov.au and to council@bathurst.nsw.gov.au

Further information about this Preliminary Investigation Order

Failure to comply

It is an offence against section 10(5) of the Act to fail to comply with this Order without reasonable excuse. In the event the person is unable to enter land because of the refusal of access to the land by its occupier, then a person may have a reasonable excuse as provided by s.10(6) of the Act, where entry to that land was essential to enable the person to comply with the relevant part of the Preliminary Investigation Order.

Continuing offences

Under s 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.

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 preliminary investigation order.

Declaration of significantly contaminated land or management order may follow

The EPA may declare land to be significantly contaminated land under s11 of the Act if it believes that the land contamination is significant enough to warrant regulation under s12 of the Act. In circumstances where land is declared to be significantly contaminated land, the EPA may issue a Management Order under s14 of the Act.

Amendment or Repeal

This Order may be varied by subsequent Orders. It remains in force until it is otherwise amended or repealed. The subsequent Order 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 preliminary investigation order 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.

Relationship to other regulatory instruments

This Order does not affect the provisions of any relevant environmental planning instruments which apply to the Specified Land or provisions of any other environmental protection legislation administered by the EPA.

Refusal of entry onto land

In accordance with s 32 of the Act, this 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 Order and instead issue an order to the occupier.

Guidelines made or approved under s 105 of the Act

All the investigation works must be carried out in accordance with guidelines made or approved under s 105 of the Act. See https://www.epa.nsw.gov.au/your-environment/contaminated-land/statutory-guidelines.

Preparation and approval of reports submitted to EPA to comply with this Order

Any report submitted to the EPA to comply with this Order must be prepared, or reviewed and approved, by a consultant certified by an EPA recognised scheme. A personalised electronic seal providing evidence of certification must be affixed alongside the certified person’s details in the quality information section of a report. If a report submitted has not been prepared or reviewed and approved by a certified consultant, the EPA will not accept the report.

Further information, and a list of contaminated land consultant certification schemes recognised by the EPA is available on the EPA’s website at http://www.epa.nsw.gov.au/your-environment/contaminated-land/managing-contaminated-land/engaging-consultant.