Note: On 19 October 2018, the Environment Protection Authority issued notice No.20184407 to end this declaration of significantly contaminated land.
Environment Protection Authority
Declaration of significantly contaminated land
(Section 11 of the Contaminated Land Management Act 1997)
Declaration Number 20121112; Area Number 3306
The Environment Protection Authority (EPA) declares the following land to be significantly contaminated land under the Contaminated Land Management Act 1997 (“the Act”):
This declaration applies to the land that is located at 73-87 Oxide Street, Broken Hill, NSW (Lot 2 DP 9628, Lot 2 DP 224779, Lot 2 in DP 1094682, Lot A DP 33471, Lots 3 & 4 DP102488, Lot 1 DP1097588 and Lot 5 & 6 DP102487 within the local Government Area of Broken Hill City Council). The land to which this declaration applies is shown on the attached figure.
The EPA has found that the site is contaminated with the following substances (“the contaminants”):
§ Petroleum Hydrocarbons (TPH);
§ Benzene, Toluene, Ethylbenzene and Xylene (BTEX); and
§ Naphthalene.
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 is contaminated with separate phase hydrocarbons and dissolved phase hydrocarbons, including benzene;
§ The contaminated groundwater may continue to migrate off-site towards commercial and nearby residential areas; and
§ Workers undertaking future excavations may be potentially, or become accidentally, exposed to volatile fuel vapours.
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
Environment Protection Authority
PO Box A290
SYDNEY SOUTH NSW 1232
or faxed to 02 9995 5930
by not later than 29 May 2012
[Signed]
NIALL JOHNSTON
Manager Contaminated Sites
Environment Protection Authority
Date: 30 April 2012
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.
