Section 89E of the Environmental Planning and Assessment Act 1979
As delegate of the Minister for Planning under delegation executed on 14 September 2011, the Planning Assessment Commission of NSW determines to grant consent to the development application referred to in Schedule 1, subject to the conditions in Schedules 2, 3 and 4.
These conditions are required to:
• prevent, minimise, and/or offset adverse environmental impacts including economic and social impacts;
• set standards and performance measures for acceptable environmental performance;
• require regular monitoring and reporting; and
• provide for the ongoing environmental management of the development.
Member of the Commission Member of the Commission Member of the Commission
Application No.: SSD 5066
Applicant: Moorebank Intermodal Company Consent Authority: Minister for Planning
Land: Intermodal Site: Land generally described as being located on the western side of Moorebank Avenue, between the M5 Motorway and the East Hills Passenger Line, Moorebank, comprising:
- Lot 1 DP 1197707 - Lot 101 DP 1049508 - Lot 100 DP 1049508 - Lot 2 DP 1197707 Rail Corridor: Land generally described as being located between the intermodal site and the East Hills Passenger Line to the south, and the northern portion of the Glenfield Waste Disposal Facility to the west, comprising:
- Lot 5 DP 833516 - Lot 103 DP 1143827 - Lot 51 DP 515696 - Lot 102 DP 1143827 - Lot 104 DP 1143827 - Lot 4 DP 1186349
Development: Concept Proposal
The Concept involves the use of the site as an intermodal facility, including a rail link to the Southern Sydney Freight Line, warehouse and distribution facilities, and associated works.
Early Works (Stage 1): involves: the demolition of buildings, including services termination and diversion;
rehabilitation of the excavation/ earthmoving training area; remediation of contaminated land; removal of underground storage tanks; heritage impact remediation works; and the establishment of construction facilities and access, including site security.
TABLE OF CONTENTS
SCHEDULE 2 5
TERMS OF APPROVAL 5
SCHEDULE 3 8
CONDITIONS TO BE MET FOR EARLY WORKS (STAGE 1) 8
PART A ADMINISTRATIVE CONDITIONS 8
PART B PRIOR TO CONSTRUCTION 9
PART C COMMUNITY INFORMATION AND REPORTING 11
PART D CONSTRUCTION ENVIRONMENTAL MANAGEMENT, REPORTING
AND AUDITING 13
SCHEDULE 4 22
CONDITIONS TO BE MET IN FUTURE DEVELOPMENT APPLICATIONS 22
Advisory Notes Advisory information relating to the consent but do not form a part of this consent.
Applicant Moorebank Intermodal Company
Application The development application for a concept proposal and early works (Stage 1):
The Concept involves the use of the site as an intermodal facility, including a rail link to the Southern Sydney Freight Line, warehouse and distribution facilities, and associated works.
Early Works (Stage 1) involves: the demolition of buildings, including services termination and diversion; rehabilitation of the excavation/
earthmoving training area; remediation of contaminated land; removal of underground storage tanks; heritage impact remediation works; and the establishment of construction facilities and access, including site security.
BCA Building Code of Australia
Construction Any works, including earth and building works.
Council Liverpool City Council or Campbelltown City Council (as relevant) Day time The period from 7am to 6pm on Monday to Saturday, and 8am to 6pm
on Sundays and Public Holidays.
Department Department of Planning and Environment or its successors DPI Department of Primary Industries or its successors
EEC Endangered ecological community
Evening The period from 6pm to 10pm Environmental Impact
Environmental Impact Statement titled Environmental Impact Statement titled Moorebank Intermodal Terminal Project Environmental Impact Statement, prepared by Parsons Brinckerhoff Australia Pty Limited, dated October 2014.
EPA Environment Protection Authority, or its successor EP&A Act Environmental Planning and Assessment Act 1979 EP&A Regulation or
Environmental Planning and Assessment Regulation 2000 Feasible and
Consideration of best practice taking into account the benefit of proposed measures and their technological and associated operational application in the NSW and Australian context. Feasible relates to engineering considerations and what is practical to build. Reasonable relates to the application of judgement in arriving at a decision, taking into account mitigation benefits and cost of mitigation versus benefits provided, community expectations and nature and extent of potential improvements.
Where requested by the Secretary, the Proponent shall provide evidence as to how feasible and reasonable measures were considered and taken into account.
Incident A set of circumstances that:
• causes or threatens to cause material harm to human life, the environment; and/or
• breaches or exceeds the limits or performance measures/ criteria in this approval; and/or
Minister Minister for Planning, or nominee
Night time The period from 10pm to 7am on Monday to Saturday, and 10pm to
8am on Sundays and Public Holidays.
OEH Office of the Environment and Heritage, or its successor Response to
Response to Submissions report titled Moorebank Intermodal Terminal Response to Submissions Report, prepared by Parsons Brinckerhoff Australia Pty Limited, dated May 2015.
RMS Roads and Maritime Services or its successor
Secretary Secretary of the Department of Planning and Environment, or nominee/delegate.
Secretary’s approval, agreement or
A written approval from the Secretary (or nominee/delegate). Where the Secretary’s approval, agreement or satisfaction is required under a condition of this consent, the Secretary will endeavour to provide a response within one month of receiving an approval, agreement or satisfaction request. The Secretary may ask for additional information if the approval, agreement or satisfaction request is considered incomplete. When further information is requested, the time taken for the applicant to respond in writing will be added to the one month period.
Sensitive receiver Residence, education institution (e.g. school, university, TAFE college), health care facility (e.g. nursing home, hospital), religious facility (e.g.
church) and children’s day care facility.
Subject Site Intermodal Site: Land generally described as being located on the western side of Moorebank Avenue, between the M5 Motorway and the East Hills Passenger Line, Moorebank, comprising:
- Lot 1 DP 1197707 - Lot 100 DP 1049508 - Lot 101 DP 1049508 - Lot 2 DP 1197707
Rail Corridor: Land generally described as being located between the intermodal site and the East Hills Passenger Line to the south, and the northern portion of the Glenfield Waste Disposal Facility to the west, comprising:
- Lot 5 DP 833516 - Lot 103 DP 1143827 - Lot 51 DP 515696 - Lot 102 DP 1143827 - Lot 104 DP 1143827 - Lot 4 DP 1186349 Supplementary
Supplementary Submissions report titled Moorebank Intermodal Terminal Supplementary Response to Submissions Report, prepared by Parsons Brinckerhoff Australia Pty Limited, dated August 2015.
TERMS OF APPROVAL Development Description
1. Except as amended by the conditions of this consent, development consent is granted only to the Concept Proposal and Early Works as described in Schedule 1 and the Environmental Impact Statement dated October 2014, as amended by the Response to Submissions, dated May 2015 (as further amended by the Supplementary Response to Submissions dated August 2015), and the conditions contained in this development consent.
Determination of Future Applications
2. In accordance with section 83B(3)(a) of the EP&A Act, all future development under the Concept Proposal (for the avoidance of doubt, excluding the Early Works) shall be the subject of future development application(s).
3. The determination of the future development application(s) are to be generally consistent with the terms of this development consent as described in Schedule 1, and subject to the conditions in Schedule 4.
Development in Accordance with Plans and Documents
4. The applicant shall carry out the development generally in accordance with the:
a) Environmental Impact Statement titled Moorebank Intermodal Terminal Project Environmental Impact Statement, prepared by Parsons Brinckerhoff Australia Pty Limited, dated October 2014;
b) Response to Submissions report titled, Moorebank Intermodal Terminal Response to Submissions Report, prepared by Parsons Brinckerhoff Australia Pty Limited, dated May 2015;
c) Supplementary Submissions report titled, Moorebank Intermodal Terminal Supplementary Response to Submissions Report, prepared by Parsons Brinckerhoff Australia Pty Limited, dated August 2015; and
d) the conditions of this consent.
5. In the event of an inconsistency between:
(a) the conditions of this approval and any document listed from condition 4(a) to 4(c) inclusive, the conditions of this approval shall prevail to the extent of the inconsistency; and
(b) any document listed from condition 4(a) to 4(c) inclusive, and any other document listed from condition 4(a) to 4(c) inclusive, the most recent document shall prevail to the extent of the inconsistency.
Limits of Approval
6. Projects carried out under this staged development consent are to be assessed with the objective of not exceeding the capacity of the transport network, including the local, regional and State road network.
7. Concept approval is granted for interstate terminal container freight with a throughput of up to 500,000 TEU p.a.
8. For the IMEX terminal, concept approval is granted for the movement of container freight by up to:
a) initially, 250,000 TEU p.a. if the consent authority is satisfied that the Traffic Impact Assessment demonstrates the proposal would not exceed the capacity of the transport network with or without mitigation measures/upgrades;
b) after the facility has been in operation, an increase of up to an additional 300,000 TEU p.a. if the consent authority is satisfied that monitoring and modelling of the operation of the IMEX terminal demonstrates that traffic movements resulting from the proposed increase in TEU will achieve the objective of not exceeding the capacity of the transport network; and
c) after the facility has been in operation, a further increase up to an additional 500,000 TEU p.a. if the combined approved movement of container freight by road on the Subject Site and the adjacent SIMTA Site (the subject of Concept Plan approval MP10_0193) does not exceed 1.55 million TEU p.a.
9. Concept approval is granted for the rail terminals (IMEX and interstate) incorporating either:
a) the rail link; or
b) if a rail link is under construction or has been constructed associated with the SIMTA development as identified in development application MP10_0193, then only a short connection from the IMEX/interstate terminals to the SIMTA rail connection on the eastern side of the Georges River.
10. Port shuttle operations must use:
a) locomotives that incorporate available best practice technologies or technologies as agreed by the Secretary; and
b) wagons that incorporate available best practice technologies or technologies as agreed by the Secretary, such as permanently coupled ‘multi-pack’ steering wagons using Electronically Controlled Pneumatic (ECP) braking with a wire based distributed power system.
11. The Applicant shall install and maintain a rail noise monitoring system on the rail link at the commencement of operation to continuously monitor the noise from rail operations.
The system shall capture the noise from each individual train passby noise generation event, and include information to identify:
a) Time and date of freight train passbys;
b) Imagery or video to enable identification of the rolling stock during day and night;
c) LAeq(15hour) and LAeq(9hour) from rail operations; and
d) LAF(max) and SEL of individual train passbys, measured in accordance with ISO3095; or
e) Other alternative information as agreed with the Secretary.
The results from the noise monitoring system shall be publicly accessible from a website maintained by the Applicant. The noise results from each train shall be available on the website ideally within 24 hours of it passing the monitor. The LAeq(15hour) and LAeq(9hr) results from each day shall be available on the website ideally within 24 hours of the period ending but within a reasonable timeframe.
The Applicant shall provide an annual report to the Secretary with the results of monitoring for a period of 5 years, or as otherwise agreed with the Secretary, from the commencement of operation of either the IMEX or interstate terminal (whichever operates first). The Secretary shall consider the need for further reporting following a review of the results for year 5.
12. Prior to submitting any Development Application for either the IMEX or interstate terminal, the Applicant shall convene a meeting with regard to proposed traffic assumptions and mitigation measures. The Applicant must:
a) Invite SIMTA, TfNSW, RMS, Liverpool City Council and Campbelltown City Council. Each Council may also invite a maximum of two community representatives to attend.
b) At the meeting, present the scope and assumptions of the mesoscopic/microsimulation traffic modelling, the draft Traffic Impact Assessment
and any proposed mitigation measures including timing on the delivery of any proposed measures;
c) Publish the meeting minutes and a schedule of action items arising from the meeting, including responsibilities and timeframes on its website;
d) Prepare a written report responding to the action items and consult with RMS on the action items and final mitigation measures; and
e) Provide details of the undertaking and outcomes of this condition in the EIS.
13. Containers must be transferred between the site and Port Botany predominantly by rail, unless where unforeseen circumstances have occurred (eg an incident, breakdown, derailment or emergency maintenance on the rail line). The Secretary may at any time request the Applicant to demonstrate that the transport of containers between the site and Port Botany container terminals is by rail. This is to be demonstrated upon request by the Secretary for the prior 12 month period.
14. Operation of warehousing cannot commence until a rail connection to the SSFL is operational.
15. The warehousing must only be used for activities associated with freight using the IMEX and interstate terminals unless otherwise approved in a subsequent Development Application.
16. Building heights are to be a maximum of 21 metres and other structures are to be generally consistent with Appendix D Landscape and Visual Impact of the Response to Submissions dated May 2015.
17. Building setbacks are to be generally consistent with Appendix D Landscape and Visual Impact of the Response to Submissions dated May 2015.
18. The layout of the site shall not prevent a possible future pedestrian connection to Casula Railway Station.
19. The layout of the site shall be designed to ensure heavy vehicles associated with the operation of the terminals can be accommodated on site in the event of an incident blocking access to the M5 Motorway/ Moorebank Avenue to avoid queuing on public roads.
Lapsing of approval
20. This approval will lapse ten years from the date of this approval unless works the subject of Early Works (Stage 1) or any related application are physically commenced, on or before that lapse date.
Secretary as Moderator
21. In the event of a dispute between the Applicant and a public authority, in relation to this approval, either party may refer the matter to the Secretary for resolution. The Secretary’s resolution of the matter shall be binding on the parties.
22. Any advice or notice to the consent authority shall be served on the Secretary.
CONDITIONS TO BE MET FOR EARLY WORKS (STAGE 1)
PART A ADMINISTRATIVE CONDITIONS Subject Land
A1. The land subject to this part relates to the intermodal site (Lot 1 DP 1197707, Lot 100 DP 1049508, Lot 101 DP 1049508 and Lot 2 DP 1197707).
Compliance Monitoring and Tracking
A2. The Applicant shall prepare and implement a Compliance Tracking Program, to track compliance with the requirements of this approval. The Program shall be submitted to the Secretary for approval prior to the commencement of construction and operate for the duration of the Early Works stage.
The Program shall include, but not be limited to:
(a) provision for the notification to the Secretary prior to the commencement of construction;
(b) provision for periodic review of the compliance status of the SSD against the requirements of this approval;
(c) provision for periodic reporting of compliance status to the Secretary, including but not limited to:
(i) a Pre-Construction Compliance Report prior to the commencement of early works,
(ii) Six-monthly, or other timing as agreed by the Secretary, Early Works Compliance Reports, for the duration of early works, and
(iii) a Completion Compliance Report within one month of completion of the early works stage;
(d) a program for independent environmental auditing in accordance with AS/NZS ISO 19011:2014 - Guidelines for Auditing Management Systems;
(e) mechanisms for recording environmental incidents during construction and actions taken in response to those incidents;
(f) provision for reporting environmental incidents to the Secretary during construction, in accordance with conditions A3 and A4;
(g) procedures for rectifying any non-compliance identified during environmental auditing, review of compliance or incident management; and
(h) provision for ensuring all employees, contractors and sub-contractors are aware of, and comply with, the conditions of this approval relevant to their respective activities.
A3. The Applicant shall notify the Secretary and relevant public authorities of any incident with actual or potential significant on-site or off-site impacts on human health or the biophysical environment within 24 hours of becoming aware of the incident. The Applicant shall provide full written details of the incident to the Secretary within seven days of the date on which the incident occurred.
• Where an incident also requires reporting to the EPA and/or OEH, the incident report prepared for the purposes of notifying the EPA and/or OEH would meet this requirement.
A4. The Applicant shall meet the requirements of the Secretary or relevant public authority (as determined by the Secretary) to address the cause or impact of any incident, as it relates to this approval, reported in accordance with condition A3, within such period as the Secretary may require.
PART B PRIOR TO CONSTRUCTION Demolition
B1 The Applicant shall ensure that all demolition work is carried out in accordance with Australian Standard AS 2601:2001: The Demolition of Structures, or its latest version.
B2 The approved works (including any excavation required for remediation) must not occur below 5 metres AHD and lower the watertable below 1m AHD on adjacent class 1, 2, 3, 4 land in accordance with the Liverpool Local Environmental Plan 2008.
B3 The subject site is to be remediated in accordance with:
a) The approved Remedial Action Plan;
b) State Environmental Planning Policy No. 55 – Remediation of Land; and c) The guidelines in force under the Contaminated Land Management Act.
Within 3 months after the completion of the remediation works, a notice of completion, including a validation and/or monitoring report is to be provided to the Secretary. This notice must be consistent with State Environmental Planning Policy No. 55 – Remediation of Land.
The validation and/or monitoring report is to be independently audited and a Site Audit Statement Issued. The audit is the be carried out by an independent auditor accredited by the Environment Protection Authority. Any conditions recorded on the Site Audit Statement are to be complied with.
Soil, Water Quality and Hydrology
B4 The Early Works shall be undertaken to comply with section 120 of the Protection of the Environment Operations Act 1997, which prohibits the pollution of waters.
B5 All activities taking place in, on or under waterfront land, as defined in the Water Management Act 2000 should be conducted generally in accordance with the NSW Office of Water's Guidelines for Controlled Activities.
B6 The Applicant shall not harm, modify or otherwise impact any heritage items outside the subject site.
B7 Prior to the commencement of Early Works affecting Aboriginal sites MA1, MA2, MA3, MA4, MA5 and MA9, the Applicant shall:
(a) develop a detailed salvage strategy, prepared in consultation with the OEH (Aboriginal heritage) and the Aboriginal stakeholders. The investigation program shall be prepared to the satisfaction of the Secretary; and
(b) undertake any further archaeological excavation works recommended by the results of the Aboriginal archaeological investigation program.
Within twelve months of completing the above work, unless otherwise agreed by the Secretary, the Applicant shall submit a report containing the findings of the
excavations, including artefact analysis and Aboriginal Site Impacts Recording Forms (ASIR), and the identification of final storage location for all Aboriginal objects recovered (testing and salvage), prepared in consultation with the Aboriginal stakeholders, the OEH (Aboriginal heritage) and to the satisfaction of the Secretary.
Note: where archaeological testing has occurred as part of the Environmental Assessment and the results are included in the documents listed in condition 4 the sites tested must still form part of the final report prepared under B7(b).
B8 Prior to the commencement of Early Works affecting non-Aboriginal sites MHPAD1 and MHPAD2, the Applicant shall undertake any further archaeological excavation works recommended by the results of the non-Aboriginal archaeological investigation program.
Within 12 months of completing the above work, unless otherwise agreed by the Secretary, the Applicant shall submit a report containing the findings of the excavations, including artefact analysis, and the identification of a final repository for finds, prepared in consultation with the OEH (Heritage branch) and to the satisfaction of the Secretary.
Note: where archaeological testing has occurred as part of the environmental assessment and the results are included in the documents listed in condition 4, the sites tested must still form part of the methodology and final report prepared for the non-Aboriginal archaeological investigation program.
B9 Prior to the commencement of Early Works affecting the CUST Hut, RAAF STRARCH Hangar, the Dog Cemetery and Commemorative Gardens, the Applicant shall prepare a report in consultation with the Heritage Council of NSW, the local Council and the local Historical Society which considers the options for mitigation of these items. In relation to the Dog Cemetery, consultation should also occur with the School of Military Engineering’s Explosive Detection Dog’s Unit. The report shall include the archival recordings and the historical research, where required, to the Secretary, the Heritage Council of NSW, the local Council and the local Historical Society.
B10 Dangerous goods, as defined by the Australian Dangerous Goods Code, shall be stored and handled strictly in accordance with:
a) all relevant Australian Standards;
b) for liquids, a minimum bund volume requirement of 110% of the volume of the largest single stored volume within the bund; and
c) the Environment Protection Manual for Authorised Officers: Bunding and Spill Management, technical bulletin (Environment Protection Authority, 1997).
In the event of an inconsistency between the requirements listed from a) to c) above, the most stringent requirement shall prevail to the extent of the inconsistency.
B11 The Applicant shall carry out all feasible and reasonable measures to minimise dust generated by the Development.
B12 During Early Works, the Applicant shall ensure that:
a) all vehicles on site do not exceed a speed limit of 30 kilometres per hour; and b) all loaded vehicles entering or leaving the site have their loads covered; and all
loaded vehicles leaving the site are cleaned of dirt, sand and other materials before they leave the site, to avoid tracking these materials on public roads.
B13 The reuse and/or recycling of waste materials generated on site shall be maximised as far as practicable, to minimise the need for treatment or disposal of those materials off site.
B14 All liquid and/or non-liquid waste generated on the site shall be assessed and classified in accordance with Waste Classification Guidelines (Department of Environment, Climate Change and Water 2009).
B15 All waste materials removed from the subject site shall only be directed to a waste management facility or premises lawfully permitted to accept the materials.
Utilities and Services
B16 Utilities, services and other infrastructure potentially affected by construction and operation shall be identified prior to construction to determine requirements for access to, diversion, protection, and/or support. Consultation with the relevant owner and/or provider of services that are likely to be affected by the Early Works shall be undertaken to make suitable arrangements for access to, diversion, protection, and/or support of the affected infrastructure as required. The cost of any such arrangements shall be borne by the Applicant, or as otherwise agreed between the parties.
B17 The Applicant shall prepare dilapidation surveys and reports on the condition of local roads, footpaths, services and utilities affected by Early Works. The Applicant shall carry out rectification work at the Applicant’s expense and to the reasonable requirements of the owners for damage resulting from the completion of Early Works.
B18 The Applicant shall ensure that the construction and operation of the proposed development will not prevent the existing use of Moorebank Avenue as a public road to a standard commensurate to its current use prior to the development.
PART C COMMUNITY INFORMATION AND REPORTING Community Communication Strategy
C1 Prior to the commencement of Early Works, or as otherwise agreed by the Secretary, the Applicant shall prepare and implement a Community Communication Strategy to the satisfaction of the Secretary. The Strategy shall provide mechanisms to facilitate communication between the Applicant (and its contractor(s)), the Environmental Representative (see condition D1), the relevant Council and community stakeholders (particularly adjoining landowners) on the design and construction environmental management of the Early Works. The Strategy shall include, but not be limited to:
(a) identification of stakeholders to be consulted as part of the Strategy, including affected and adjoining landowners, key community and business groups, and community and social service organisations;
(b) procedures and mechanisms for the regular distribution of accessible information to community stakeholders on construction progress and matters associated with environmental management, including provision of information in appropriate community languages;
(c) procedures and mechanisms through which the community stakeholders can discuss or provide feedback to the Applicant and/or Environmental Representative in relation to the environmental management and delivery of the SSD;
(d) procedures and mechanisms through which the Applicant can respond to enquiries or feedback from the community stakeholders in relation to the environmental management and delivery of the SSD; and
(e) procedures and mechanisms that would be implemented to resolve issues/
disputes that may arise between parties on the matters relating to environmental management and the delivery of the SSD, including but not limited to disputes regarding rectification or compensation for impacts to third party property and infrastructure. These procedures and mechanisms may include the use of a suitably qualified and experienced independent mediator.
Complaints and Enquiries Procedure
C2 Prior to the commencement of Early Works, or as otherwise agreed by the Secretary, the Applicant shall ensure that the following are available for community enquiries and complaints for the duration of Early Works:
(a) a 24 hour telephone number(s) on which complaints and enquiries about the SSD may be registered;
(b) a postal address to which written complaints and enquires may be sent;
(c) an email address to which electronic complaints and enquiries may be transmitted; and
(d) a mediation system for complaints unable to be resolved.
The telephone number, the postal address and the email address shall be published in newspaper(s) circulating in the local area prior to the commencement of construction and prior to the commencement of operation. This information shall also be provided on the website (or dedicated pages) required by this approval.
C3 Prior to the commencement of Early Works, or as otherwise agreed by the Secretary, the Applicant shall prepare and implement a Construction Complaints Management System consistent with AS ISO 10002-2006 Customer satisfaction – Guidelines for complaints handling in organisations (ISO 10002:2004, MOD) and maintain the System for the duration of Early Works and up to 12 months following completion of this stage.
Information on all complaints received, including the means by which they were addressed and whether resolution was reached, with or without mediation, shall be maintained in a complaints register and included in the construction compliance reports required by this approval. The information contained within the System shall be made available to the Secretary on request.
Provision of Electronic Information
C4 Prior to commencement of the Early Works, or as otherwise agreed by the Secretary, the Applicant shall establish and maintain a new website, or dedicated pages within an existing website, for the provision of electronic information associated with the SSD, for the duration of Early Works. The Applicant shall, subject to confidentiality, publish and maintain up-to-date information on the website or dedicated pages including, but not necessarily limited to:
(a) information on the current implementation status of the SSD;
(b) a copy of the documents listed in condition 4, and any documentation supporting modifications to this approval that may be granted from time to time;
(c) a copy of this approval and any future modification to this approval;
(d) a copy of each relevant environmental approval, licence or permit required and obtained in relation to the SSD;
(e) a copy of each current report, plan, or other document required under this approval;
(f) the outcomes of compliance tracking in accordance with condition A2 of this approval; and
(g) details of contact point(s) to which community complaints and enquiries may be directed, including a telephone number, a postal address and an email address.
PART D CONSTRUCTION ENVIRONMENTAL MANAGEMENT, REPORTING AND AUDITING
D1 Prior to the commencement of Early Works, or as otherwise agreed by the Secretary, the Applicant shall appoint a suitably qualified and experienced Environmental Representative(s) that is independent of the design and construction personnel, and that has been approved by the Secretary. The Applicant shall employ the Environmental Representative(s) for the duration of construction of this stage, or as otherwise agreed by the Secretary. The Environment Representative(s) shall:
(a) be the principal point of advice in relation to the environmental performance of the Early Works;
(b) monitor the implementation of environmental management plans and monitoring programs required under this approval and advise the Applicant upon the achievement of these plans/programs;
(c) have responsibility for considering, and advising the Applicant on, matters specified in the conditions of this approval, and other licences and approvals related to the environmental performance and impacts of the Early Works;
(d) ensure that environmental auditing is undertaken in accordance with the Applicant’s Environmental Management System(s);
(e) be given the authority to approve/reject minor amendments to the Construction Environment Management Plan. What constitutes a “minor” amendment shall be clearly explained in the Construction Environment Management Plan;
(f) be given the authority and independence to require reasonable steps be taken to avoid or minimise unintended or adverse environmental impacts; and
(g) be consulted in responding to the community concerning the environmental performance of the Early Works where the resolution of points of conflict between the Applicant and the community is required.
D2 The Environmental Representative shall prepare and submit to the Secretary a three- monthly report on the Environmental Representative’s actions and decision on matters specified in condition D1 for the preceding month. The reports shall be submitted within seven (7) days for the end of each month for the duration of Early Works, or as otherwise agreed by the Secretary. Notwithstanding, the Environmental Representative shall be given the independence to report to the Secretary at any time and/or at the request of the Secretary.
Construction Soil and Water Management
D3 Soil and water management measures consistent with Managing Urban Stormwater - Soils and Construction Vols 1 and 2, 4th Edition (Landcom, 2004) shall be employed during Early Works to minimise soil erosion and the discharge of sediment and other pollutants to land and/or waters.
D4 The Applicant shall store all chemicals, fuels and oils used on-site in appropriately bunded areas in accordance with the requirements of all relevant Australian Standards, and/or EPA’s Storing and Handling Liquids: Environmental Protection – Participants Handbook.
D5 Early works shall be undertaken during the following standard construction hours:
(a) 7:00am to 6:00pm Mondays to Fridays, inclusive; and (b) 8:00am to 1:00pm Saturdays;
(c) at no time on Sundays or public holidays.
D6 Activities resulting in impulsive or tonal noise emissions shall only be undertaken:
(a) between the hours of 8:00 am to 5:00 pm Monday to Friday;
(b) between the hours of 8:00 am to 1:00 pm Saturday; and
(c) in continuous blocks not exceeding three hours each with a minimum respite from those activities and works of not less than one hour between each block.
For the purposes of this condition, 'continuous' includes any period during which there is less than a one hour respite between ceasing and recommencing any of the work the subject of this condition.
D7 Notwithstanding conditions D7 and D8, works may be undertaken outside the hours specified under those conditions in the following circumstances:
(a) construction works that cause LAeq (15 minute) noise levels that are:
(i) No more than 5 dB above rating background level at any residence in accordance with the Interim Construction Noise Guideline (DECC, 2009);
(ii) No more than the noise management levels specified in Table 3 of the Interim Construction Noise Guideline (DECC, 2009) at other sensitive landuses; or
(b) for the delivery of materials required by the police or other authorities for safety reasons; or
(c) where it is required in an emergency to avoid the loss of lives, property and/or to prevent environmental harm; or
(d) construction works approved through an Out-Of-Hours Work Protocol prepared as part of the Construction Noise and Vibration Management Plan required by condition D22(b), provided the relevant Council, local residents and other affected stakeholders and sensitive receivers are informed of the timing and duration at least 48 hours prior to the commencement of the works; or
(e) identified works approved by the Secretary.
Construction Noise and Vibration
D8 The Applicant shall implement all feasible and reasonable noise mitigation measures with the aim of achieving the following construction noise management levels and vibration criteria:
(a) construction noise management levels established using the Interim Construction Noise Guideline (DECC 2009);
(b) vibration criteria established using the Assessing Vibration: a Technical Guide (DECC 2006) (for human exposure); and
(c) the vibration limits set out in the German Standard DIN 4150-3: Structural Vibration- effects of vibration on structures (for structural damage).
Any construction activities identified as exceeding the construction noise management levels and/or vibration criteria shall be managed in accordance with the Construction Noise and Vibration Management Plan required by condition D22(b).
• The Interim Construction Noise Guideline identifies ‘particularly annoying’
activities that require the addition of 5dB(A) to the predicted level before comparing to the construction Noise Management Level.
Construction Traffic Noise
D9 The Applicant is to ensure that construction vehicle contractors operate so as to minimise any construction noise impacts from the subject site. Measures that could be used include toolbox talks, contracts that include provisions to deal with unsatisfactory noise performance for the vehicle and/or the operator, and specifying non-tonal movement alarms in place of reversing beepers or alternatives such as reversing cameras and proximity alarms, or a combination of these, where tonal alarms are not mandated by legislation.
D10 No use of compression brakes shall be permitted for construction vehicles associated with the Early Works in the vicinity of the subject site.
Transport and Access
D11 Construction heavy vehicle access to and from the site via Moorebank Avenue (south) / Cambridge Avenue during Early Works is not permitted, with the exception of heavy vehicles travelling to and from the Glenfield Waste Facility.
D12 The Early Works shall be carried out to, where feasible and reasonable, to avoid the use of local roads (through residential streets) by heavy vehicles to gain access to the site and/or ancillary facilities.
D13 Construction vehicles (including staff vehicles) associated with the Early Works shall be managed to:
(a) minimise parking or queuing on public roads;
(b) minimise idling and queuing in local residential streets where practicable;
(c) adhere to the nominated haulage routes identified in the Construction Traffic and Access Management Plan required under condition D22(a); and
(d) ensure access and egress from construction compounds is undertaken in a safe and lawful manner.
D14 Safe pedestrian and cyclist access through or around worksites shall be maintained during early works. In circumstances where pedestrian and cyclist access is restricted due to construction activities, a satisfactory alternate route shall be provided and signposted, including provision of permanent footpaths where pedestrian access is reliant on grassed verges.
D15 Access to all properties affected by the carrying out of Early Works shall be maintained, where feasible and reasonable, unless otherwise agreed by the relevant property owner or occupier. Any access physically affected by the carrying out of Early Works shall be reinstated to at least an equivalent standard, unless agreed with by the property owner.
D16 Upon determining the haulage route(s) for construction vehicles associated with subject site, and prior to Early Works, a suitably qualified and experienced independent expert shall prepare a Road Dilapidation Report. The Report shall assess the current condition of roads and describe mechanisms to restore any damage that may result due to its use by traffic and transport related to the Early Works. The Report shall be submitted to the Secretary for information and the relevant Council for review prior to the commencement of haulage.
Following completion of Early Works, a subsequent Report shall be prepared to assess any damage to the road that may have resulted.
Measures undertaken to restore or reinstate roads affected by the Early Works shall be undertaken in a timely manner, in accordance with the reasonable requirements of the relevant Council, and at the full expense of the Applicant.
D17 Within 12 months of the commencement of Early Works, the Applicant shall develop and implement a Biodiversity Offset Package for the approval of the Secretary. The Package shall detail how the ecological values lost as a result of the SSD will be offset. The Package shall be consistent with the NSW Biodiversity Offsets Policy for Major Projects (OEH 2014), unless otherwise agreed by the Secretary.
The Package shall include, but not necessarily be limited to:
(a) the identification of the extent and types of habitat that would be lost or degraded as a result of the final design of the SSD;
(b) the objectives and biodiversity outcomes to be achieved;
(c) the final suite of the biodiversity offset measures selected and secured in consultation with OEH;
(d) the management and monitoring requirements for compensatory habitat works and other biodiversity offset measures proposed to ensure the outcomes of the package are achieved, including:
(e) the monitoring of the condition of species and ecological communities at offset (including translocation) locations;
(f) the methodology for the monitoring program(s), including the number and location of offset monitoring sites, and the sampling frequency at these sites;
(g) provisions for the annual reporting of the monitoring results for a set period of time as determined in consultation with the OEH; and
(h) timing and responsibilities for the implementation of the provisions of the Package.
Where land offsets cannot solely achieve compensation for the loss of habitat, additional measures shall be provided to collectively deliver an improved or maintained biodiversity outcome for the region.
Where monitoring referred to in (e) above indicates that biodiversity outcomes are not being achieved, remedial actions shall be undertaken to ensure that the objectives of the Biodiversity Offset Package are achieved to the satisfaction of the Secretary. Such remedial actions shall be documented under an addendum to the Biodiversity Offset Package and the addendum be submitted for the approval of the Secretary, prior to the implementation of that addendum.
D18 Subject to future Development Applications, no threatened species or communities can be cleared other than that required for Early Works. Any hollow bearing trees shall be relocated to areas to be determined by a suitably qualified ecologist in areas identified for conservation.
Construction Environmental Management Plan
D19 Prior to the commencement of Early Works, or as otherwise agreed by the Secretary, the Applicant shall prepare and implement a Construction Environmental Management Plan (CEMP). The CEMP is to be prepared in consultation with the EPA, OEH, NSW Office of Water, DPI, and the relevant Council, for the approval of the Secretary. The CEMP shall outline the environmental management practices and procedures that are to be followed during construction. The CEMP is to be prepared in accordance with the Guideline for the Preparation of Environmental Management Plans (Department of Infrastructure, Planning and Natural Resources, 2004). The CEMP shall include, but not necessarily be limited to:
(a) a description of activities to be undertaken during Early Works;
(b) statutory and other obligations that the Applicant is required to fulfil during Early Works, including approvals, consultations and agreements required from authorities and other stakeholders under key legislation and policies;
(c) a description of the roles and responsibilities for relevant employees involved in the Early Works, including relevant training and induction provisions for ensuring that employees, including contractors and sub-contractors, are aware of their environmental and compliance obligations under these conditions of approval;
(d) an environmental risk analysis to identify the key environmental performance issues associated with the Early Works; and
(e) details of how environmental performance would be managed and monitored to meet acceptable outcomes, including what actions will be taken to address identified potential adverse environmental impacts. In particular, the following environmental performance issues shall be addressed in the CEMP:
(i) measures to monitor and manage dust emissions including dust from stockpiles, traffic on unsealed internal roads and materials tracking from construction sites onto public roads;
(ii) measures for the handling, treatment and management of hazardous and contaminated materials (including asbestos);
(iii) measures to monitor and manage waste generated during construction including but not necessarily limited to: general procedures for waste classification, handling, reuse, and disposal; use of secondary waste material in construction wherever feasible and reasonable; procedures or dealing with green waste including timber and mulch from clearing activities; and measures for reducing demand on water resources (including potential for reuse of treated water from sediment control basins);
(iv) measures to monitor and manage hazard and risks;
(v) measures to monitor and rectify any impacts to third party property and infrastructure, including details of the process for rectification or compensation of affected landowners, and timeframes for rectification works or compensation processes; and
(vi) the issues identified in condition D22.
The CEMP shall include procedures for its periodic review and update (including the sub-plans required under condition D22), as necessary (including where minor changes can be approved by the Environmental Representative).
The CEMP shall be submitted for the approval of the Secretary no later than one month prior to the commencement of Early Works, or as otherwise agreed by the Secretary. The CEMP may be prepared in stages; however, Early Works shall not commence until written approval of the relevant stage has been received from the Secretary.
The approval of a CEMP does not relieve the Applicant of any requirement associated with this approval. If there is an inconsistency with an approved CEMP and the conditions of this approval, the requirements of this approval shall prevail.
Construction Environmental Management Plan — Sub Plans
D20 As part of the CEMP for the SSD, the Applicant shall prepare and implement:
(a) a Construction Traffic and Access Management Plan to ensure traffic and access controls are implemented to avoid or minimise impacts on traffic, pedestrian and cyclist access, and the amenity of the surrounding environment.
The Plan shall be developed in consultation with the relevant Council,
emergency services, road user groups, and relevant pedestrian and bicycle user groups, and include, but not necessarily be limited to:
(i) identification of construction traffic routes and construction traffic volumes (including heavy vehicle/spoil haulage) on these routes;
(ii) details of vehicle movements for construction sites and ancillary facilities including parking, dedicated vehicle turning areas, and ingress and egress points;
(iii) discussion of construction impacts that could result in disruption of traffic, public transport, pedestrian and cycle access, access to public land, property access, including details of oversize load movements, and the nature and duration of those impacts;
(iv) details of management measures to minimise traffic impacts, including temporary road work traffic control measures, onsite vehicle queuing and parking areas and management measures to minimise peak time congestion and measures to ensure safe pedestrian and cycle access;
(v) details of measures to prevent construction heavy vehicles from using Moorebank Avenue south and Anzac Road, with the exception of heavy vehicles travelling to and from the Glenfield Waste Facility;
(vi) details of measures to maintain or provide alternative safe and accessible routes for pedestrians throughout the duration of construction;
(vii) details of measures to maintain connectivity for cyclists, with particular emphasis on providing adequate access between key existing cycle routes for commuter cyclists;
(viii) details of measures to manage traffic movements, parking, loading and unloading at ancillary facilities during out-of-hours work;
(ix) details of methods to be used to communicate proposed future traffic changes to affected road users, pedestrians and cyclists, consistent with the Community Communication Strategy required under condition C1;
(x) an adaptive response plan which sets out a process for response to any traffic, construction or other incident; and
(xi) mechanisms for the monitoring, review and amendment of this plan.
(b) a Construction Noise and Vibration Management Plan to detail how construction noise and vibration impacts will be minimised and managed. The Plan shall be consistent with the guidelines contained in the Interim Construction Noise Guidelines (Department of Environment and Climate Change 2009). The plan shall be developed in consultation with the EPA and shall include, but not be limited to:
(i) identification of the work areas, site compounds and access points;
(ii) identification of sensitive receivers and relevant construction noise and vibration goals applicable to the SSD and stipulated in the conditions above;
(iii) details of Early Works activities and an indicative schedule for works, including the identification of key noise and/or vibration generating construction activities (based on representative construction scenarios, including at ancillary facilities) that have the potential to generate noise and/or vibration impacts on surrounding sensitive receivers, particularly residential areas;
(iv) an Out-of-Hours Work Protocol for the assessment, management and approval of works outside of standard construction hours as defined in condition D5 of this approval, for the Secretary's approval. The Out-of- Hours Work Protocol must detail:
a) assessment of out-of-hours works against the relevant noise and vibration criteria;
b) detailed mitigation measures for any residual impacts (that is, additional to general mitigation measures), including extent of at- receiver treatments; and
c) proposed notification arrangements.
(v) identification of feasible and reasonable measures proposed to be implemented to minimise and manage noise impacts (including construction traffic noise impacts), including, but not limited to, acoustic enclosures, erection of noise walls (hoardings) and respite periods;
(vi) identification of feasible and reasonable procedures and mitigation measures to ensure relevant vibration criteria are achieved, including applicable buffer distances for vibration intensive works, use of low- vibration generating equipment/ vibration dampeners or alternative construction methodology, and pre- and post- construction dilapidation surveys of sensitive structures where blasting and/ or vibration is likely to result in damage to buildings and structures (including surveys being undertaken immediately following a monitored exceedance of the criteria);
(vii) a description of how the effectiveness of mitigation and management measures would be monitored during the Early Works, clearly indicating how often this monitoring would be conducted, the locations where monitoring would take place, how the results of this monitoring would be recorded and reported, and, if any exceedance is detected, how any noncompliance would be rectified; and
(viii) mechanisms for the monitoring, review and amendment of this plan.
(c) a Construction Heritage Management Plan to ensure construction impacts on Aboriginal and non-Aboriginal heritage will be appropriately avoided, minimised and managed. The Plan shall be developed in consultation with OEH, the relevant Council, the NSW Heritage Council (for non-Aboriginal State heritage items) and the relevant Local Aboriginal Land Councils (for Aboriginal heritage), and include, but not necessarily be limited to:
(i) in relation to Aboriginal Heritage:
a) details of management measures to be carried out in relation to Aboriginal heritage, including a detailed methodology and strategies for protection, monitoring, and conservation of sites and items;
b) procedures for dealing with previously unidentified Aboriginal objects (excluding human remains), including cessation of works in the vicinity, assessment of the significance of the item(s) and determination of appropriate mitigation measures, including when works can re-commence, by a suitably qualified and experienced archaeologist in consultation with the Secretary and Aboriginal stakeholders, assessment of the consistency of any Aboriginal heritage impacts against the approved impacts of the SSD, and, where relevant, registration in the OEH’s Aboriginal Heritage Information Management System (AHIMS) register;
c) procedures for dealing with human remains, including cessation of works in the vicinity, notification of Secretary, NSW Police Force, OEH and Aboriginal stakeholders, and commitment to cease recommencing any works in the area unless authorised by the OEH and/or the NSW Police Force;
d) heritage training and induction processes for construction personnel (including procedures for keeping records of inductions) and obligations under the conditions of this approval including site identification, protection and conservation of Aboriginal cultural heritage; and
e) procedures for ongoing Aboriginal consultation and involvement for the duration of the Early Works; and
(ii) in relation to non-Aboriginal Heritage:
a) identification of heritage Items directly and indirectly affected by the Early Works;
b) consideration of methods to prevent damage to any retained heritage items, including:
I. procedures for identifying minimum working distances to retained heritage items (including, at minimum, vibration testing and monitoring),
II. detailed options for alteration of construction methodology should preferred values for vibration be exceeded, and
III. commitment to implementing those options if preferred values for vibration are likely to be exceeded;
c) details of management measures to be implemented to prevent and minimise impacts on heritage items (including further heritage investigations, archival recordings and/or measures to protect unaffected sites during construction works in the vicinity);
d) details of monitoring and reporting requirements for impacts on heritage items;
e) procedures for dealing with previously unidentified heritage objects, (including cessation of works in the vicinity, assessment of the significance of the item(s) and determination of appropriate mitigation measures including when works can re-commence by a suitably qualified and experienced archaeologist in consultation with the OEH, NSW Heritage Council and the Secretary, assessment of the consistency of any heritage impacts against the approved impacts of the SSD, and, where relevant, notification of the Heritage Council of NSW in accordance with section 146 of the Heritage Act 1977; and f) heritage training and induction processes for construction personnel
(including procedures for keeping records of inductions and obligations under this approval including site identification, protection and conservation of non-Aboriginal cultural heritage; and
(iii) mechanisms for the monitoring, review and amendment of this plan.
(d) a Construction Flora and Fauna Management Plan to detail how impacts on ecology will be minimised and managed. The Plan shall be developed by a suitably qualified and experienced ecologist and in consultation with the OEH and DPI, and shall include, but not necessarily be limited to:
(i) plans for impacted and adjoining areas showing vegetation communities;
important flora and fauna habitat areas; locations where threatened species, populations or ecological communities have been recorded;
including pre-clearing surveys to confirm the location of threatened flora and fauna species and associated habitat features;
(ii) the identification of areas to be cleared and details of management measures to avoid residual habitat damage or loss and to minimise or eliminate time lags between the removal and subsequent replacement of habitat such as:
a) clearing minimisation procedures (including fencing), b) clearing procedures (including nest box plan),
c) removal and relocation of fauna during clearing, d) habitat tree management, and
e) construction worker education;
(iii) rehabilitation details, including identification of flora species and sources, and measures for the management and maintenance of rehabilitated areas;
(iv) a Weed Management Strategy, incorporating weed management measures focusing on early identification of invasive weeds and effective management controls (including for those related to aquatic and riparian zones);
(v) a description of how the effectiveness of these management measures would be monitored;
(vi) a procedure for dealing with unexpected EEC/ threatened species identified during construction, including cessation of work and notification of the OEH, determination of appropriate mitigation measures in consultation with the OEH (including relevant re-location measures) and updating of ecological monitoring and/ or biodiversity offset requirements;
(vii) mechanisms for the monitoring, review and amendment of this plan.
(e) a Construction Air Quality Management Plan to detail how impacts on local air quality will be minimise and managed. The Plan shall be developed in consultation with the EPA, and shall include, but not necessarily be limited to:
(i) identification of sources (including stockpiles and open work areas) and quantification of airborne pollutants;
(ii) key performance indicators for local air quality during construction;
(iii) details of monitoring methods, including location, frequency and duration of monitoring;
(iv) mitigation measures to minimise impacts on local air quality;
(v) procedures for record keeping and reporting against key performance indicators;
(vi) provisions for implementation of additional mitigation measures in response to issues identified during monitoring and reporting; and
(vii) mechanisms for the monitoring, review and amendment of this plan.
(f) a Construction Soil and Water Management Plan to manage surface and groundwater impacts during Early Works. The plan shall be developed in consultation with, EPA, NSW Office of Water, and relevant Councils, and include, but not necessarily be limited to:
(i) details of construction activities and their locations, which have the potential to impact on water courses, storage facilities, stormwater flows, and groundwater, including identification of all pollutants that may be introduced into the water cycle;
(ii) potential impacts on watercourse bank stability and the development of appropriate mitigation measures as required;
(iii) an Acid Sulfate Soils Management Plan, if required, including measures for the management, handling, treatment and disposal of acid sulfate soils, including monitoring of water quality at acid sulfate soils treatment areas, should the project impact on acid sulfate soils;
(iv) a description of how the effectiveness of these actions and measures would be monitored during the proposed works, clearly indicating how often this monitoring would be undertaken, the locations where monitoring would take place, how the results of the monitoring would be recorded and reported, and, if any exceedance of the criteria is detected how any non- compliance can be rectified; and
(v) mechanisms for the monitoring, review and amendment of this plan.
CONDITIONS TO BE MET IN FUTURE DEVELOPMENT APPLICATIONS Operational Noise and Vibration
E1. To ensure the operational noise impacts are appropriately managed, the following measures must be considered in future Development Applications:
a) Best practice plant for both the IMEX and interstate terminal, including electronic automated container handling equipment or equipment with equivalent sound power levels;
b) The use of top of rail friction modifiers and automatic rail lubrication equipment in accordance with ASA Standard T HR TR 00111 ST Rail Lubrication;
c) Measures to ensure the rail cross sectional profile is maintained in accordance with ETN–01-02 Rail Grinding Manual for Plain Track to ensure the correct wheel / rail contact position and hence to encourage proper rolling stock steering;
d) A noise barrier on the western side of the haul road;
e) A detailed assessment of sleep disturbance impacts, including: how often noise events occur; the time of day when the occur; and whether there are any times of day when there is a clear change in the noise environment; and
f) A risk assessment to determine if non-tonal reversing alarms can be fitted as a condition of site entry. Alternatively, site design may include traffic flow that does not require or precludes reversing of vehciles.
E2. Development Applications for both the IMEX and interstate terminal shall include a report to identify:
a) The extent of brake squeal across the fleet of rail vehicles that will frequently use the terminals. This should identify the number of occurrences of brake squeal, the typical noise levels associated with brake squeal (including the frequency content), and the operational conditions under which brake squeal occurs (e.g.
under light braking, hard braking, low / medium / high speed, effects of temperature and weather, etc.);
b) The root cause of brake squeal, including the influence of the design, set-up and maintenance of both brake shoes and brake rigging;
c) Possible solutions to mitigate or eliminate brake squeal, including modifications to brake rigging and alternative brake shoe designs and compounds; and
d) Any monitoring system proposed to capture brake squeal.
E3. Development Applications for the IMEX terminal shall detail how the expected port shuttle locomotives incorporate available best practice technologies.
E4. Development Applications for either the IMEX or interstate terminal shall consider the effect of headlight glare on surrounding sensitive receivers.
E5. Any Development Application comprising the rail link must consider maximising curve radii of the rail connection, particularly the southern tie-in to the SSFL, to minimise the potential for wheel squeal.
E6. Any Development Application comprising the rail link shall ensure the width of the rail link corridor is no greater than 20 metres in the Riparian Corridor.
E7. Any Development Application comprising the rail link shall consider fauna movement in the bridge design.