Note: On 23 June 2018 the Environment Protection Authority issued notice No. 20184410 to amend this declaration to include Lot 2 DP 234288.
Declaration of remediation site
(Section 21 of the Contaminated Land Management Act 1997)
Declaration Number 21089; Area Number 3183
The Environment Protection Authority (EPA) declares the following land to be a remediation site under the Contaminated Land Management Act 1997 (“the Act”).
The site incorporates the following areas in the local government area of Newcastle, New South Wales:
- Lot 3 DP 234288 (15 Greenleaf Road, Kooragang Island).
The EPA has found that the site is contaminated with the following substances (“the contaminants”):
· Arsenic; and
· Nutrients (specifically total ammonia and nitrate).
The EPA has considered the matters in s.9 of the Act and for the following reasons has determined that the site is contaminated in such a way as to present a significant risk of harm to human health and the environment:
· Groundwater is contaminated with arsenic and ammonia at concentrations exceeding the Australian and New Zealand Conservation Council (2000) guidelines for the protection of aquatic ecosystems;
· Arsenic and ammonia contaminated groundwater has migrated off the site and may continue to migrate. The contaminated groundwater has the potential to impact the quality of the waters and sediment of the Hunter River; and
· There are potential human and biota exposure pathways to the contaminants.
The making of this declaration does not prevent the carrying out of a voluntary remediation of the site and any person may submit a voluntary remediation proposal for the site to the EPA. If the proposal satisfies the requirements of s.26 of the Act, the EPA may agree not to issue a remediation order to the person or persons bringing the proposal.
Orica Australia Pty Limited (Orica) intends to remediate the site under a voluntary remediation proposal to which it is seeking the EPA’s agreement under the Act. The agreement would formalise remediation activities that have already been commenced at the site by Orica.
The public may make written submissions to the EPA on:
· Whether the EPA should issue a remediation order in relation to the site; or
· Any other matter concerning the site.
Submissions should be made in writing to:
Director Contaminated Sites
Department of Environment and Conservation
PO Box A290
SYDNEY SOUTH NSW 1232
or faxed to 02 9995 5930
by not later than 2 December 2005.
[SIGNED]
CAROLYN STRANGE
Director Contaminated Sites
Department of Environment and Conservation
Date: 16 November 2005
NOTE:
Remediation order may follow
If remediation of the site or part of the site is required, the EPA may issue a remediation order under s.23 of the Act.
Variation/Revocation
This declaration may be varied by subsequent declarations. It remains in force until it is otherwise revoked. A declaration may only be revoked when the EPA does not have reasonable grounds to believe that land is contaminated in such as way as to present a significant risk of harm (s.44 of the Act).
Information recorded by the EPA
Section 58 of the Contaminated Land Management Act 1997 requires the EPA to maintain a public record. A copy of this remediation declaration will be included in the public record.
Information recorded by councils
Section 59 of the Act requires the EPA to give a copy of this declaration to the relevant local council. The council is then required to note on its planning certificate issued pursuant to s.149 (2) of the Environmental Planning and Assessment Act that the land is currently within a remediation site. The EPA is required to notify council as soon as practicable when the declaration is no longer in force and the notation on the s.149 (2) certificate is no longer required.
Relationship to other regulatory instrument
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.