Why is the EPA writing to you?

The Environment Protection Authority (EPA) has issued this Notice of Approved Voluntary Management Proposal to notify you of approval of the Voluntary Management Proposal (Proposal) submitted by you, subject to the conditions set out in this Notice. Further information is set out below.

What are you required to do?

Please read this Notice carefully and comply with its conditions.

BACKGROUND

A. The EPA is responsible for administration and enforcement of the Contaminated Land Management Act 1997 (Act) and has issued this Notice under s 17(3) of the Act.

Land to which this Notice applies

B. The Proposal relates to land in the Declaration No. 20201102, being Foxglove Oval, Foxglove Road, Mount Colah, NSW (Lot 507 in DP752053, Lot 19 in DP1002578, and part Chestnut Road Reserve to the west of the oval), within the local government area of Hornsby Shire Council (Land).

C. The Proposal, dated 8 February 2022 and signed 9 February 2022 was submitted by Hornsby Shire Council.

Appropriate Terms of Proposal and other Considerations

D. Prior to approval of the Proposal, the EPA has been satisfied that the terms of the Proposal, as modified by the conditions of this Notice, are appropriate.

E. The EPA is also satisfied that the party has taken all reasonable steps to identify and find every owner and notional owner of the Land and every person responsible for significant contamination of the Land and given those persons identified a reasonable opportunity to participate in the formulation and carrying out of the Proposal on reasonable terms.

It is satisfied of these matters for the following reasons:

(i) The landfill operated as a Council tip between approximately 1970 to 1980 accepting putrescible and non-putrescible municipal type waste. Therefore, the party likely to be responsible for the contamination is Hornsby Shire Council; and

(ii) The former landfill is now occupied by Foxglove Oval. The land continues to be managed by Hornsby Shire Council.

NOTICE OF APPROVED VOLUNTARY MANAGEMENT PROPOSAL

The EPA approves the Proposal relating to the Land and submitted by the party (Approved Party), subject to the following conditions.

1. The Proposal, as submitted by the party, is approved in the terms set out in Annexure A (Approved Proposal).

2. The Approved Party is to comply with each undertaking or term of Part 2 Undertakings of the Approved Proposal.

3. The Approved Party is to complete or otherwise comply with each feature, milestone, reporting or other term of Part 3 Performance Schedule of the Proposal by the date specified in the Approved Proposal.

4. A failure to satisfactorily complete any term of the Approved Proposal by the due date may be taken as a failure to carry out the terms of the Approved Proposal for the purposes of s 17(6) of the Act.

5. The Approved Party cannot recover contributions under Part 3 Division 6 of the Act in accordance with s 17(5) of the Act, as the EPA is not satisfied of either or both matters in s 17(4)(b) – (c).

6. The Approved Party must make available for inspection by any person, free of charge, and provide a copy to any person for a reasonable fee, any document required to be prepared and submitted to the EPA under the Approved Proposal. It is not necessary to disclose:

(a) any information contained in those documents that relates to any manufacturing, industrial or commercially sensitive information, or working processes; or

(b) any personal information, within the meaning of the Privacy and Personal Information Protection Act 1998, contained in those documents.

7. Any report submitted to the EPA to comply with the Approved Proposal must be prepared, or reviewed and approved, by a consultant certified by an EPA recognised scheme. A personalised electronic seal providing evidence of certification must be affixed alongside the certified person’s details in the quality information section of a report. Further information, and a list of contaminated land consultant certification schemes recognised by the EPA is available on the EPA’s website at http://www.epa.nsw.gov.au/your-environment/contaminated-land/managing-contaminated-land/engaging-consultant.

8. Where the Approved Proposal requires an Approved Party or any other person to give a document to the EPA, that document may be given to the EPA by:

Email RegOps.MetroRegulation@epa.nsw.gov.au

Post Director

Regulatory Operations Metro South

NSW Environment Protection Authority

Locked Bag 5022

PARRAMATTA NSW 2124

[ signed 28 February 2022 ]

BEN LIVISSIANIS

Unit Head Regulatory Operations

Regulatory Operations Metropolitan

(by delegation)

Date of this Notice: 28 February 2022

Further Information about this Notice

Continuing Offences

Under s 108A of the Act, a Notice made under the Act that specifies a time by which, or period within which, a direction or other requirement in the Notice must be complied with continues to have effect until the direction or requirement is complied with. Where a time is not specified, the direction or requirement continues to have effect until it is complied with.

Cost Recovery

Section 34 of the Act allows the EPA to recover its costs in connection with assessing and settling the terms, monitoring actions under, or seeking compliance with an approved voluntary management proposal. The EPA may also recover the costs of any other matter associated with, or incidental to these matters, or other matters prescribed by the regulations.

Information recorded by the EPA

Section 58 of the Act requires the EPA to maintain a public record. A copy of this Notice will be included in the public record and is available for access at the principal office of the EPA and on the EPA’s website.

Information recorded by Councils

Section 59(1)(c) of the Act requires the EPA to inform the relevant local Council as soon as practicable after this Notice of Approved Voluntary Management Proposal has been served. Pursuant to s 59(2)(c) of the Act, Land being the subject to an approved voluntary management proposal is a prescribed matter to be specified in a planning certificate issued pursuant to s 10.7 of the Environmental Planning and Assessment Act 1979 (EP&A Act). The EPA is required to inform the relevant Council as soon as practicable when the Notice is withdrawn or completed (s 59(1)(c) Act). Pursuant to s 59(3) of the Act, if a Council includes advice in a planning certificate regarding a Notice that no longer applies to the Land the subject of that Notice, it is to make it clear on the planning certificate that the Notice no longer applies.

Relationship to other regulatory instruments

This Notice 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.

Guidelines made or approved under s 105 of the Act

All the investigation or remediation works must be carried out in accordance with guidelines made or approved under s 105 of the Act. See https://www.epa.nsw.gov.au/your-environment/contaminated-land/statutory-guidelines.

Amendment or Repeal

This Notice may be amended or repealed by subsequent notices. Under s 44 of the Act, the subsequent notice must state the reasons for the amendment or repeal.

Cessation of the approved voluntary management proposal

This Notice will cease if the EPA serves a notice in writing on an approved party or approved parties, stating that it is satisfied that the terms of the Approved Proposal have all been carried out, or stating that it withdraws its approval of the proposal, at the time specified in the Notice or if no time is specified, at the time the EPA notifies each approved party of the cessation of the Approved Proposal.

Management Order

Under s 17(6) of the Act, the EPA may serve a management order in relation to significantly contaminated land the subject of an approved voluntary management proposal on an approved party to the proposal, if in the opinion of the EPA, the terms of the approved proposal are not carried out, or the management order relates to a matter that is not adequately addressed by the proposal, or its approval of the proposal was given on the basis of false or misleading information.