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[2005] NSWLEC 412
Land and Environment Court (NSW)
2005-08-03
Lloyd J
Original judgment source is linked above.
The Applicant shall notify the Director-General of the name and contact details of the Environmental Representative upon appointment, and any changes to that appointment that may occur from time to time. Construction Environmental Management Plan 6.2 The Applicant shall prepare and implement a Construction Environmental Management Plan to outline environmental management practices and procedures to be followed during construction of the development. The Plan shall include, but not necessarily be limited to: a) a description of all activities to be undertaken on the site during construction including an indication of stages of construction, where relevant; b) statutory and other obligations that the Applicant is required to fulfil during construction including all approvals, consultations and agreements required from authorities and other stakeholders, and key legislation and policies; c) details of how the environmental performance of the construction works will be monitored, and what actions will be taken to address identified adverse environmental impacts. In particular, the following environmental performance issues shall be addressed in the Plan: i) measures to monitor and manage dust emissions; ii) measures to monitor and minimise soil erosion and the discharge of sediment and other pollutants to lands and/ or waters during construction activities; iii) measures to monitor and control noise emissions during construction works; iv) measures to monitor and control air emissions during construction to ensure that air emissions are both minimised and in compliance with the requirements of this consent and the Environment Protection Licence for the site; d) a description of the roles and responsibilities for all relevant employees involved in the construction of the development; e) the Management Plans listed under condition 6.3 of this consent; and f) complaints handling procedures during construction.
The Plan shall be submitted for the approval of the Director-General no later than one month prior to the commencement of any construction works associated with the development, or within such period otherwise agreed by the Director-General. Construction works shall not commence until written approval has been received from the Director-General. 6.3 As part of the Construction Environmental Management Plan for the development, required under condition 6.2 of this consent, the Applicant shall prepare and implement the following Management Plans: a) an Erosion and Sedimentation Management Protocol to ensure that all erosion and sediment controls associated with the development are consistent with Managing Urban Stormwater: Soils and Construction (Landcom, 2004).. The Plan shall address the requirements of the Department shall include, but not necessarily be limited to: i) results of investigations into soils associated with the site, in particular the stability of the soil and its susceptibility to erosion; ii) details of erosion, sediment and pollution control measures and practices to be implemented during construction of the development; iii) design specifications for diversionary works, banks and sediment basins; iv) an erosion monitoring program during construction works associated with the development; and v) measures to address erosion, should it occur, and to rehabilitate/ stabilise disturbed areas of the site. b) a Noise Management Protocol to detail measures to mitigate and manage noise during construction works. The Protocol shall include, but not necessarily be limited to: i) procedures to ensure that all reasonable noise mitigation measures are applied during construction works; ii) construction noise objectives for each relevant receiver commensurate with the noise limits and noise goals specified under this consent; iii) identification of the associated noise sources and activities that will be carried out during construction; iv) assessment of construction noise impacts against the noise limits and noise limits and goals at all relevant receivers; v) details of overall management methods and procedures that will be implemented to control noise from during construction; vi) a pro-active and reactive strategy for dealing with complaints, with particular regard to verbal and written responses; vii) noise monitoring, reporting and response procedures; viii) internal compliance audits of all plant and equipment; ix) construction timetabling to minimise noise impacts; and x) procedures for notifying residents of construction activities likely to affect their acoustic amenity. c) a Traffic Management Protocol to outline management of traffic conflicts that may be generated during construction of the development. The Protocol shall address the requirements of Council and the Roads and Traffic Authority and shall include, but not necessarily be limited to: i) details of traffic routes for heavy vehicles, including any necessary route or timing restriction for oversized loads; ii) detailed consideration of measures to be employed to ensure traffic volume, acoustic and amenity impacts along the heavy vehicle routes are minimised; iii) detailed consideration of alternative routes (where necessary); and iv) demonstration that all statutory responsibilities with regard to road traffic impacts have been complied with. Operation Environmental Management Plan 6.4 The Applicant shall prepare and implement an Operation Environmental Management Plan to detail an environmental management framework, practices and procedures to be followed during operation of the development. The Plan shall include, but not necessarily be limited to: a) identification of all statutory and other obligations that the Applicant is required to fulfil in relation to operation of the development, including all consents, licences, approvals and consultations; b) a description of the roles and responsibilities for all relevant employees involved in the operation of the development; c) overall environmental policies and principles to be applied to the operation of the development; d) standards and performance measures to be applied to the development, and a means by which environmental performance can be periodically reviewed and improved, where appropriate; e) management policies to ensure that environmental performance goals are met and to comply with the conditions of this consent; and f) the Management Plans listed under condition 6.5 of this consent.
The Plan shall be submitted for the approval of the Director-General no later than one month prior to the commencement of operation of the development, or within such period otherwise agreed by the Director-General. Operation shall not commence until written approval has been received from the Director-General. 6.5 As part of the Operation Environmental Management Plan for the development, required under condition 6.4 of this consent, the Applicant shall prepare and implement the following Management Plans: a) a Water Management Plan to outline measures that will be employed to manage water on the site, to minimise soil erosion and the discharge of sediments and other pollutants to lands and/ or waters throughout the life of the development. The Plan shall be based on best environmental practice and shall address the requirements of the Department. The Plan shall include, but not necessarily be limited to: i) detailed plans showing the design of the stormwater control infrastructure; ii) demonstration that the stormwater control infrastructure will conform with, or exceed all relevant Council requirements and guidelines; iii) description of the procedures for the installation, inspection and maintenance of the stormwater control infrastructure, including stormwater pollution control devices; iv) consideration of all reasonable and feasible options to avoid discharge to ground and/or ambient waters including methods to minimise the volume of contaminated water and effluent generated, recycling and reusing water and effluent; v) identification of clean and dirty water areas on site maps for different stages of the development; vi) identification of criteria for nomination of areas as clean or dirty; vii) details of water management measures to be implemented for clean and dirty waters; viii) calculations for a water balance for all waters generated on the site including potential volumes of groundwater, stormwater and process water for treatment on-site or off-site, proposed discharges, recycling or reuse; ix) details of the remedial actions to be taken by the Applicant and site operators in response to an exceedance of concentration limits or other performance criteria for the on-site or ambient water management controls; x) characterisation of wastewater qualities and quantities for reuse on-site shall be characterised and irrigation management practices specified; xi) specification of wastewater reuse areas shall be specified on site maps for different stages of the development; and xii) specific details shall be provided in relation to the times, locations, volumes and qualities of the water to be irrigated, including how the quality of water to be used for irrigation will be assessed. b) a Noise Management Plan to detail measures to mitigate and manage noise during operation of the development. The Protocol shall include, but not necessarily be limited to: i) procedures to ensure that all reasonable and feasible noise mitigation measures are applied during operation of the development; ii) procedures to generate suitable documentation for annual environmental auditing, that demonstrates that the noise limits and noise goals specified under this consent, or best practice noise control operations, are being met; iii) identification of all relevant receivers and the applicable criteria at those receivers commensurate with the noise limits and noise goals specified under this consent; iv) identification of activities that will be carried out in relation to the development and the associated noise sources; v) procedures for periodic consideration of noise impacts at the relevant receivers against the noise limits and noise goals specified under this consent; vi) details of all management methods and procedures that will be implemented to control individual and overall noise emissions from the site during operation; vii) development of reactive and pro-active strategies for dealing promptly with any noise complaints, including documentation of a fast response (eg within one hour), the completed action on a complaint and feedback from the complainant (eg within 24 hours); and viii) noise monitoring and reporting procedures. c) a Transport Code of Conduct to outline minimum requirements for the movement of heavy vehicles to and from the site. The Code shall meet the requirements of Council and the RTA, should there be any. The Code shall include, but not necessarily be limited to: i) restrictions to routes; ii) speed limits to be observed along routes to and from the site; iii) restrictions to the hours of transport operations to avoid travelling through built-up areas late at night or at times of high traffic flows in those areas; iv) minimum requirements for vehicle maintenance to address noise and exhaust emissions; v) behavioural requirements for drivers; and vi) load coverage requirements. d) a Landscape Management Plan to outline measures to ensure appropriate development and maintenance of landscaping on the site. The Plan shall include, but not necessarily be limited to: i) details of all landscaping to be undertaken on the site with specific reference to screening structural elements of the development from lines of sight with surrounding visual receptors; ii) maximisation of flora species endemic to the locality in landscaping the site; iii) provision for the removal of all noxious weeds, as listed under the NSW Noxious Weed Act 1993, from the site, and prevention of reinfestation of the site with those species; iv) results of consultation with Council and the Department to determine appropriate species for landscaping on the site; v) details of car parking and measures to prevent vehicle encroachment onto landscaped areas; vi) details of an irrigation system to be installed throughout all landscaped areas to provide full coverage to those areas with no overspray onto hard surfaces; and vii) a program to ensure that all landscaped areas on the site are maintained in a tidy, healthy state. 7. ENVIRONMENTAL REPORTING Incident Reporting 7.1 The Applicant shall notify the Director-General of any incident with actual or potential significant off-site impacts on people or the biophysical environment within 12 hours of becoming aware of the incident. The Applicant shall provide full written details of the incident to the Director-General within seven days of the date on which the incident occurred. 7.2 The Applicant shall meet the requirements of the Director-General to address the cause or impact of any incident, as it relates to this consent, reported in accordance with condition 7.1 of this consent, within such period as the Director-General may require.
Annual Performance Reporting 7.3 The Applicant shall, throughout the life of the development, prepare and submit for the approval of the Director-General, an Annual Environmental Management Report (AEMR). The AEMR shall review the performance of the development against the Operation Environmental Management Plan (refer to condition 6.4 of this consent), the conditions of this consent and other licences and approvals relating to the development. The AEMR shall include, but not necessarily be limited to: a) details of compliance with the conditions of this consent; b) a copy of the Complaints Register (refer to condition 5.2 of this consent) for the preceding twelve-month period (exclusive of personal details), and details of how theses complaints were address and resolved; c) identification of any circumstances in which the environmental impacts and performance of the development during the year have not been generally consistent with the environmental impacts and performance predicted in the documents listed under condition 1.1 of this consent, with details of additional mitigation measures applied to the development to address recurrence of these circumstances ; d) results of all environmental monitoring required under this consent and other approvals, including interpretations and discussion by a suitably qualified person; and e) a list of all occasions in the preceding twelve-month period when environmental performance goals for the development have not been achieved, indicating the reason for failure to meet the goals and the action taken to prevent recurrence of that type of incident.
The Applicant shall submit a copy of the AEMR to the Director-General every year, with the first AEMR to be submitted no later than twelve months after the commencement of operation of the development. The Director-General may require the Applicant to address certain matters in relation to the environmental performance of the development in response to review of the Annual Environmental Report. Any action required to be undertaken shall be completed within such period as the Director-General may require. The Applicant shall make copies of each AEMR available for public inspection on request.
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Patrick Autocare Pty Limited
The Minister for Infrastructure, Planning and Natural Resources
CITATION : Patrick Autocare Pty Limited v The Minister for Infrastructure, Planning and Natural Resources (No. 2) [2005] NSWLEC 412
Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577; Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; Patrick Autocare Pty Limited v The Minister for Infrastructure, Planning and Natural Resources [2005] NSWLEC 277; CASES CITED: Stockland Development Limited v Many Council (2004) 136 LGERA 254; Terrace Tower Holdings v Sutherland Shire Council (2003) 129 LGERA 195; Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1
(1979) 24 ALR 577
(1986) 162 CLR 24
(2004) 136 LGERA 254
(2003) 129 LGERA 195
(1996) 189 CLR 1