Environment Protection Authority
Declaration of significantly contaminated land
(Section 11 of the Contaminated Land Management Act 1997)
Declaration Number 20111101 / Area Number 3060
The Environment Protection Authority (EPA) declares the following land to be significantly contaminated land under the Contaminated Land Management Act 1997 (“the Act”):
The site includes the land listed below;
· All of lot 1 in DP 79057; and
· All of lot 270 in DP 812689
(formerly known as Hamilton AGL Gasworks).
The site is in the Parish of Newcastle
which fall within the area bounded by the thick black line marked on the attached map – Figure1: Declared area.
The EPA has found that the site is contaminated with gasworks wastes including the following substances (“the contaminants”):
· Benzene
· Total Petroleum Hydrocarbons (TPH)
· Polycyclic Aromatic Hydrocarbons (PAH)
· Arsenic and Lead
The EPA has considered the matters in s.12 of the Act and for the following reasons has determined that the land is contaminated and that the contamination is significant enough to warrant regulation under the Act:
· the groundwater at the site has been degraded by gasworks waste contaminants at concentrations exceeding criteria for beneficial use and protection of aquatic ecosystems. Groundwater is also contaminated with phase separated hydrocarbons;
· contaminated groundwater may migrate further off-site and ultimately impact the Hunter River; and
· workers may become exposed to vapours during subsurface works at the site.
The making of this declaration does not prevent the carrying out of voluntary management of the site and any person may submit a voluntary management proposal for the site to the EPA. If the proposal satisfies the requirements of s.17 of the Act, the EPA may agree not to issue a management order to the person or persons bringing the proposal.
The public may make written submissions to the EPA on:
· Whether the EPA should issue a management order in relation to the site; or
· Any other matter concerning the site.
Submissions should be made in writing to:
Manager Contaminated Sites
Department of Environment, Climate Change and Water
PO Box A290
SYDNEY SOUTH NSW 1232
or faxed to 02 9995 5930
by not later than Date: 15 September 2011
[signed 18 August 2011]
NIALL JOHNSTON
Manager Contaminated Sites
Department of Environment, Climate Change and Water
NOTE:
Management order may follow
If management of the site or part of the site is required, the EPA may issue a management order under s.14 of the Act.
Amendment/Repeal
This declaration may be amended or repealed. It remains in force until it is otherwise amended or repealed. The subsequent declaration 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 significantly contaminated land 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 declared significantly contaminated land. 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.
