Compliance Report March 2017

March 2017

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Compliance Report

The Department of Planning and Environment's Compliance

Team works with communities across NSW

to ensure projects such as mines, industrial sites, major

developments and infrastructure meet the strict conditions

included in their approvals.

Our Compliance Team undertakes proactive inspections (including unannounced) of state significant projects, investigates

potential breaches, and carries out enforcement where necessary.

In doing this, the Compliance Team works closely with local communities and councils to investigate their concerns and ensure

community confidence in the regulation of state significant projects. Additionally, the Compliance Team collaborates with other

state and federal government agencies to seek a whole of government approach to state significant project regulation.

Enforcement can range from negotiating practical solutions, issuing penalty notices and, in serious cases, criminal prosecutions.

As well as conducting monitoring and enforcement activities, the Compliance Team plays an important role in educating

proponents, community members and other stakeholders about the Department's compliance functions. Education sessions allow

the Department to reinforce expectations, better understand industry specific issues, the systems used to ensure compliance,

listen to community concerns, provide feedback on sector or company performance, and promote best practice across all industry

sectors.

Activity Below is a snapshot of the Compliance Team's activity in March 2017:

COMPLIANCE MONITORING ACTIVITIES March 2017 2016/2017 Total

Inspections and surveillance carried out 76 731

New investigations commenced this month 29 218

Review of compliance documentation 30 252

Subtotal compliance monitoring 135 1201

ENFORCEMENT ACTIVITIES March 2017 2016/2017 Total

Official cautions issued 9 56

Orders imposed 0 12

Penalty notices 9 61

Prosecutions 0 2

Subtotal enforcement 18 131

Compliance Education Monitoring Enforcement

March 2017

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Compliance Report

Monitoring

The Department's Compliance Team conducted 76 inspections to monitor compliance against conditions of approval,

with some projects inspected multiple times during the period.

Social Infrastructure

Gosford Hospital (Central Coast LGA) *2

Illawarra International Health Precinct (Wollongong City

LGA) * 2

Northern Beaches Hospital, Frenchs Forest (Northern

Beaches LGA) *5

University of Technology Sydney (Council of the City of

Sydney)

Infrastructure

North Connex (Hornsby Shire LGA, Ku-ring-gai LGA and

The Hills Shire LGA) *2

Sydney CBD and South East Light Rail Project (Inner West

LGA, Randwick LGA & City of Sydney LGA) * 2

Sydney Metro and Southwest (Council of the City of

Sydney, Inner West LGA, Lane Cove Municipal LGA,

North Sydney LGA, Willoughby City LGA)

WestConnex (Inner West LGA; Cumberland LGA;

Municipality of Strathfield LGA, Bayside LGA, Canterbury-

Bankstown City LGA, City of Sydney LGA and Burwood

LGA) *19

Mines/Gas Extraction

Dargues Mine (Queanbeyan Pelerang LGA)

Hera Mine (Cobar Shire LGA)

Hillgrove Mine (Armidale Regional LGA)

Mandalong Coal Mine (Lake Macquarie City LGA)

Russell Vale Mine (Wollongong Shire LGA)

Sunnyside Mine (Gunnedah Shire LGA)

Wongawilli Mine (Wollongong Shire LGA)

Quarries

Barina Quarry (Goulburn Mulawaree LGA)

Gunlake Quarry (Goulburn Mulawaree LGA)

Wagga Wagga Quarry (Wagga Wagga LGA)

78

13

24

5

22

94 1 1

March 2017 - Inspections - 76

Mines/Gas Extraction Social Infrastructure

Residential/Commercial/Retail Infrastructure

Renewable Energy Resource Recovery/Remediation

Food Processing/Agriculture/Aquaculutre Tourism

Quarries State Significant Sites

Other

March 2017

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Compliance Report

Residential/Commercial/Retail Developments

Bayridge Estate Batemans Bay (Eurobodalla Shire LGA)

Barangaroo (Council of the City of Sydney)

Kiera Street Wollongong (Wollongong City LGA)

Marrickville Metro (Inner West LGA)

Matterhorn Perisher (Snowy Monaro Regional LGA)

Princess Highway Helensvale (Wollongong City LGA)

Sanctuary Point Subdivision (Shoalhaven City LGA)

Sandon Point Residential Subdivision (Wollongong City

LGA)

Tallawarra Lands Yallah (Wollongong City LGA)

The Stable Perisher Apartment 14 and 15 (Snowy Monaro

Regional LGA)

The Stables Perisher Apartment 27 (Snowy Monaro

Regional LGA)

Wentworth Avenue Sunshine Bay (Eurobodalla Shire

LGA)

150 Epping Road Lane Cove (Lane Cove Municipal LGA)

330 Church Street Parramatta (City of Parramatta LGA)

Renewable Energy

Broken Hill Solar Farm (Broken Hill LGA)

Moree Solar Farm (Moree Shire LGA)

Sapphire Wind Farm (Glen Innes Severn LGA; Inverell

Shire LGA)

Silverton Windfarm (Broken Hill LGA)

White Rock Windfarm (Glen Innes Severn LGA; Inverell

Shire LGA)

Food Processing/Agriculture/Aquaculture

Scone Abattoir (Upper Hunter Shire LGA)

Bourke Abattoir (Bourke Shire LGA)

Distribution/Storage

Baileys Marine Refuelling & Supply Facility (Inner West

LGA)

Waste/Resource Recovery/Remediation

Chester Hill Waste Facility (Bankstown City LGA)

Kings Park Waste Facility (Bankstown City LGA)

Tourism/Recreation

Boollwarroo Parade Shell Cove (Shellharbour City LGA)

Overseas Passenger Terminal (Cruise Bar, Restaurants

and Events)

Shell Cove Boat Harbour (Shellharbour City LGA)

Sydney Super Yacht Marina (Inner West LGA)

Taronga Zoo (Mosman Municipal LGA) *2

Western Sydney Stadium (Parramatta Shire LGA)

Manufacturing

Nil

Other

72 Gardiner Street, Rutherford (Maitland LGA) - Non DPE

approval site.

* Denotes multiple site visits.

For more information on projects, please access via the

Department’s major project register:

http://majorprojects.planning.nsw.gov.au/

March 2017

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Compliance Report

Enforcement

Penalty Notice and three Official Caution’s issued to SUEZ Recycling and Recovery Pty Ltd (Lucas Heights Waste

Facility)

On 2 March 2017, the Department issued a $15,000 Penalty Notice to SUEZ Recycling and Recovery Pty Ltd, operator of the

Lucas Heights Waste Facility in the Sutherland Shire, for failing to comply with dust monitoring requirements contained within the

Air Quality Management Plan (AQMP) required by the conditions of approval (MP 09_0166). Following the submission of the 2015

Independent Environmental Audit, the Department’s investigation revealed that that total suspended particulate (TSP) monitoring

was not undertaken as per the AQMP. The company has committed to Install TSP monitoring equipment by 30 April 2017.

In addition, on 2 March 2017, the Department issued three Official Caution’s to SUEZ Recycling and Recovery Pty Ltd (SUEZ)

for failing to:

implement the Landscape Plan for the Truck Parking Area (TPA). SUEZ used compacted road base on the TPA instead

of a concrete slab. This non-compliance represents a risk of soil contamination should a hydrocarbon spill occur within

the TPA;

comply with the Australian Standard AS 1940-2004 for the storage and handling of fuel and chemicals. The Department’s

investigation found the following did not comply with the relevant Australian Standard:

o earthen bunding around the fuel and chemical storage area;

o discharges from the oil/water separator flowed into a dam which was not lined; and

o concrete in the workshop was damaged or broken in places.

undertake independent environmental audits (IEAs) on a 3-yearly basis as required by the project approval.

The Department will continue to monitor the development to ensure these breaches are remedied in a timely manner.

Two Penalty Notices and Two Official Cautions issued to Boral Resources (NSW) Pty Ltd (Widemere Waste Facility)

On 9 March 2017, the Department issued two $15,000 Penalty Notices and two Official Cautions to Boral Resources (NSW) Pty

Ltd (Boral) at the Widemere Waste Facility in Western Sydney. Penalty Notices were issued for:

exceeding the waste limit for the twelve month period 17 November 2015 to 16 November 2016 by approximately

130,000 tonnes per annum; and

carrying out repairs and maintenance outside the machine shed/workshop, failing to bund the machine shed/workshop,

and not directing all liquids from the maintenance area to the waste oil tank.

Official Cautions were issued for:

exceeding truck movements for the twelve month period 17 November 2015 to 16 November 2016; and

failing to upgrade catch drains to capture and direct surface water and clean out and maintain sediment pits.

The Department will continue to monitor the development to ensure these breaches are remedied.

Penalty Notice issued to Lendlease Building Pty Ltd (Gosford Hospital Redevelopment Site)

On 10 March 2017, the Department issued a $15,000 Penalty Notice to Lendlease Building Pty Ltd (Lendlease) for undertaking

works prior to 7am at the Gosford Hospital redevelopment site, in breach of the conditions of consent. Following community

complaints concerning noise impacts from work commencing at the site before 7am, the Department undertook early morning

surveillance over several days. The Department observed that on 2 and 3 February 2017, works commenced before 7am in

breach of the hours of construction.

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Compliance Report

Penalty Notice issued to Leda Manorstead Pty Ltd (Cobaki Estate)

On 13 March 2017, the Department issued a $15,000 Penalty Notice to Leda Manorstead Pty Ltd, for removing dirt and rock

material from the Cobaki Estate development in the Tweed Heads area without consent. Following community complaints relating

to noise and dust from trucks leaving the Cobaki Estate development, the Department undertook an investigation. The

Department’s investigation revealed that although the company has consent to develop the Cobaki Estate, there is no approval

to remove any material from the site. The company cooperated with the Department’s investigation and has committed to ensuring

appropriate approvals are in place prior to undertaking further works. The Department wishes to acknowledge the assistance

provided by Tweed Shire Council during the course of this investigation.

Penalty Notice issued to Hanson Construction Materials Pty Ltd (Bass Point Quarry)

On 14 March 2017, the Department issued a $15,000 Penalty Notice to Hanson Construction Materials Pty Ltd, for failing to

comply with conditions of approval at the Bass Point Quarry. The Department’s investigation revealed that blasting activities at

the Bass Point Quarry exceeded the approved airblast overpressure limit of 120dB(L) on 8 February 2017.

Penalty Notice issued to Crawfords Freightlines Pty Ltd (Ammonium Nitrate Storage Facility)

On 21 March 2017, the Department issued a $15,000 Penalty Notice to Crawfords Freightlines Pty Ltd, for undertaking timber

fumigation at their Ammonium Nitrate Storage Facility near Newcastle, without development consent. The Department observed

the timber fumigation during an inspection of the facility in December 2016. Crawfords has lodged a development application with

Newcastle City Council for this activity. The outcome of this application will determine any further enforcement action.

Penalty Notice and two Official Cautions issued to Altis Property Partners Pty Ltd (Altis Warehouse and Logisitics

Hub)

On 24 March 2017, the Department issued a $15,000 Penalty Notice to Altis Property Partners Pty Ltd for failing to comply with

conditions of approval (SSD 7173) at the Altis warehouse and logistics hub in Orchard Hills. Following community complaints,

the Department’s investigation revealed that the company had not obtained approval from the Roads and Maritime Services to

access the site from Mamre Road. The company has since obtained these approvals.

In addition, on 24 March 2017, the Department issued two Official Cautions to Altis Property Partners Pty Ltd for failing to

comply with conditions of approval (SSD 7173) in relation to hours of work and dust management. Following community

complaints, the Department’s investigation revealed that the company was undertaking works out of hours and had failed to

take adequate measures to minimise dust during construction. The company has since undertaken a number of measures to

prevent out of hours works and minimise dust emissions coming from the construction site.

Penalty Notice issued to Veolia Environmental Services (Australia) Pty Ltd (Banksmeadow Waste Transfer Terminal)

On 29 March 2017, the Department issued a $15,000 Penalty Notice to Veolia Environmental Services (Australia) Pty Ltd (Veolia)

for failing to comply with the approved Remedial Action Plan (RAP) at their Banksmeadow Waste Transfer Terminal site in Western

Sydney. The Site Audit report identified three deviations from the approved RAP:

1. failure to remediate an identified zinc contamination hotspot

2. use of asbestos impacted fill in service trenches; and

3. areas of soft landscaping not capped to 500mm.

The Site Audit Report includes a statement by the auditor that the site is suitable for its intended use which was accepted by the

Department on 12 December 2016.

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Compliance Report

Veolia has prepared an Environmental Management Plan (EMP) in response to the site audit report which contains control

measures. The Department has required Veolia to register the service plans and the EMP with the Dial before You Dig data base

to notify service contractors of the potential for asbestos impacted fill in service conduits. The Department has also required Veolia

to send a copy of Site Audit Statement and EMP to Bayside Council for the appropriate public notification of restrictions applying

to the site through the section 149 Certificates for the site.

Penalty Notice issued to State Road Constructions Pty Ltd for M4 East (SSI 6307)

On 30 March 2017, the Department issued a Penalty Notice to State Road Constructions Pty Ltd for failing to comply with the

condition prohibiting the use of local roads by heavy vehicles for the M4 East project.

The Department had received complaints regarding the use of local roads by heavy vehicles on the M4 East project and

commenced surveillance. During surveillance of local roads on the project, on 24 January 2017 five spoil trucks were sighted

parked on a local road contrary to the conditions of approval for the M4 East project (SSI 6307).

The Department will continue to monitor the use of local roads by heavy vehicles.

Official Caution issued to Boggabri Coal Operations Pty Ltd (Idemitsu)

On 3 March 2017, the Department issued an Official Caution to Boggabri Coal Operations Pty Ltd (Boggabri coal mine) for

undertaking clearing activity above 35oC, in breach of the Biodiversity environment management plan. After receiving an incident

notification from the mine, the Department’s investigation concluded that whilst clearing activities physically occurred for a short

period and other impact mitigation obligations were fulfilled, clearing had occurred above the prescribed temperature limit. The

mine has reviewed and improved their control measures for temperature notifications during clearing activities.

Official Caution issued to CPB Contractors Pty Ltd (Northern Beaches Hospital site)

On 17 March 2017, the Department issued an Official Caution to CPB Contractors Pty Ltd (CPB) for undertaking works at the

Northern Beaches Hospital development prior to 7am, in breach of the construction environment management plan. After receiving

community complaints regarding works commencing before 7am, the Department’s investigation revealed that CPB had

commenced works at the site before 7am on 28 September 2016 and 23-25 January 2017.

Official Caution issued to ADCO Constructions Pty Ltd (Brookvale Community Health Centre)

On 17 March 2017, the Department issued an Official Caution to ADCO Constructions Pty Ltd (ADCO) for causing offensive noise

at the Brookvale Community Health Centre site. Following community complaints regarding excessive noise from a wind warning

device fitted to a crane operating at the site, the Department’s investigation revealed that the noise was considered “offensive”.

ADCO has cooperated with the Department and instigated a review of the device and measures to reduce the frequency of the

alarm.

Official Caution issued to Roads and Maritime Services for M4 Widening (SSI 6148)

On 28 March 2017, the Department issued an Official Caution to Roads & Maritime Services (RMS) for failing constructing

permanent built works prior to the approval of the Urban and Design Landscape Plan. This was the first offence for the project

and RMS was cooperative during the investigation.

Further, RMS and WCX M4 Pty Ltd have finalised a program of works through a Voluntary Undertaking (entered into by WCX M4

Pty Ltd) to remedy community concerns about these works and the associated vegetation clearing. WCX M4 Pty Ltd undertakes

to fund Cumberland Council to implement bush regeneration of an existing Endangered Ecological Community near Hill Road,

Lidcombe. The undertaking also provides Council with funding for the planting of 70 street trees on feeder roads running north

into Parramatta Road between Bernie Avenue and Bombay Street Lidcombe.

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Compliance Report

Official Caution issued to joint venture partners for M4 Widening (SSI 6148)

On 28 March 2017, the Department issued Official Cautions to Rizzani De Eccher Australia Pty Ltd and CPB Contractors Pty

Limited (the joint venture partners) for failing to comply with the notification requirements provided for in the projects Community

Communication Strategy for the M4 Widening project. In particular out of hours night works were conducted without adequate

notice being provided to the community.

The venture partners has implemented additional measures to ensure works the subject of public notifications are undertaken in

accordance with the Community Communication Strategy to reduce impacts on the surrounding community.

March 2017

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Compliance Report

Location of NSW site visits

March 2017

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Compliance Report

Sydney metropolitan region site visits