Note: On 18 June 2020, the Environment Protection Authority issued notice No. 20204418 that this declaration is no longer in force.



Environment Protection Authority

Declaration of Remediation Site

(Section 21 of the Contaminated Land Management Act 1997)

Declaration Number 21122; Area Number 3221

The Environment Protection Authority (EPA) declares the following land to be a remediation site under the Contaminated Land Management Act 1997 (“the Act”):

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

The site to which this declaration relates is part of the former Millers Point gasworks and is described as:

·         Part Lot 5 and Part Lot 3 in Deposited Plan (DP) 876514, Hickson Rd, Millers Point

·         The part of Hickson Road adjacent to:

o        30 – 34 Hickson Road being Lot 11 DP1065410;

o        36 Hickson Road being Lot 5 DP873158 and Lot 12 DP1065410; and

o        38 Hickson Road being SP72797, Millers Point

in the City of Sydney local government area.  The site coincides with the known foot print of the former gasworks facilities.  A map of the site is available for inspection at the offices of the Department of the Environment and Climate Change, Level 14, 59-61 Goulburn Street, Sydney, NSW.

2. Nature of contamination affecting the site:

The EPA believes that the site is contaminated with gasworks waste and particularly waste tar as a result of the previous use of the site as a gasworks plant. The chemical composition of gasworks waste includes the following substances (“the contaminants”): polycyclic aromatic hydrocarbons (PAHs); benzene, toluene, ethylbenzene and xylenes (BTEX); total petroleum hydrocarbons (TPHs); ammonia; phenol and cyanide.  

3. Nature of harm that the contaminants may cause:

The EPA has considered the matters in s.9 of the Act and for the following reasons has determined that the site is contaminated in such a way as to present a significant risk of harm to human health and the environment:

·         Groundwater on the site has been found to be contaminated by TPHs, PAHs, BTEX, ammonia, phenol and cyanide at concentrations significantly exceeding the relevant trigger values for the protection of human health and aquatic ecosystems in the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC and ARMCANZ, 2000).

·         These groundwater contaminants include human carcinogens and substances toxic to aquatic ecosystems.

·         The contaminated groundwater is impacting on the surrounding areas including the basement of a residential building adjacent to the site, potentially exposing humans in that building to harmful vapours; however it is currently being effectively controlled.

·         Contaminated groundwater is likely to be migrating from the site to Darling Harbour and could ultimately affect aquatic ecosystems.

4. Further action under the Act

The making of this declaration does not prevent the carrying out of a voluntary remediation of the site and any person may submit a voluntary remediation proposal for the site to the EPA.  If the proposal satisfies the requirements of s.26 of the Act, the EPA may agree not to issue a remediation 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 remediation 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 and Climate Change
PO Box A290

or faxed to 02 9995 5930

by no later than 3 June 2009



Manager Contaminated Sites

Department of Environment and Climate Change

Date: 6 May 2009



Remediation order may follow

If remediation of the site or part of the site is required, the EPA may issue a remediation order under s.23 of the Act.



This declaration may be varied by a subsequent declaration. It remains in force until it is otherwise varied or revoked.  A declaration may only be revoked when the EPA does not have reasonable grounds to believe that land is contaminated in such as way as to present a significant risk of harm (s.44 of the Act).


Information recorded by the EPA

Section 58 of the Contaminated Land Management Act 1997 requires the EPA to maintain a public record.  A copy of this remediation declaration will be included in the public record.


Information recorded by councils

Section 59 of the Act requires the EPA to inform the relevant local council that this declaration has been made, as soon as practicable.  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 currently within a remediation area.  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 can be removed.

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.