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”):

1. Land to which this declaration applies ("the site")

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 mapFigure1: Declared area.


2. Nature of contamination affecting the site:

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


3. Nature of harm that the contaminants may cause:

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.


4. Further action under the Act

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.


5. Submissions invited

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

or faxed to 02 9995 5930

by not later than  Date: 15 September 2011


[signed 18 August 2011]


Manager Contaminated Sites

Department of Environment, Climate Change and Water




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.


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.