1. Why is the EPA writing to you?

The Environment Protection Authority (EPA) has issued this Notice to Amend Approved Voluntary Management Proposal (Amendment Notice) to notify you of amendments to the originally approved Voluntary Management Proposal No. 20201711 (Original VMP).

2. What are you required to do?

Please read this Amendment Notice carefully and comply with its conditions. If you have any queries about this matter, please contact the EPA.

3. Land to which this Amendment Notice applies

The land to which this Amendment Notice applies is Part of Lot 22 of deposited plan (DP) 1202608, which has been defined area of the Tarago Station Rail Corridor, Tarago NSW.

4. Relevant information

The EPA is responsible for administration and enforcement of the Contaminated Land Management Act 1997 (Act) and has issued this Amendment Notice under section 44 of the Act.

The Land was declared as significantly contaminated land on 25 March 2020 (Declaration No. 20201103) under s 11 of the Act.

The original VMP was issued under s 17 of the Act on 28 May 2020.

5. Reasons for the Amendment

The purpose of the amendment is to reflect updated timelines due to changes in the methodology for the remediation works.

The EPA is satisfied that the terms of the approved voluntary management proposal, as modified by this Amendment Notice, are appropriate.

This Amendment Notice is taken to be made under the same provisions of the Act as the Original Notice.

6. Amendment of Original Notice

The amended deadlines for completion of works (and those works already completed) outlined in the Original VMP are specified below:

Works	Comment or Revised Deadline
Phase 1
T1. Investigation or Contaminant at or originating from the Site	Completed
T2. Development of an Action Plan to mitigate risks from the Contaminant originating from the Site to offsite receptors	Completed
T3. Remediation action planning	Completed
T4. Preliminaries required to implement remediation, including planning permits and approvals and procurement	31 December 2022, subject to obtaining necessary third-party planning approvals
T5. Implement Remediation	Within 18 months of completing T4
T6. Complete validation reporting and Auditor review of remediation	Within 4 months of completing T5

The amended deadlines to provide reports to the EPA are specified below:

Report	Comment or Revised Deadline
R1. Detailed Site Investigation - Tarago	Completed
R2. Action Plan for offsite Impacts from Tarago Rail Corridor	Completed
R3. Remediation Action Plan(s)	Completed
R4. Section B Site Audit Statement	Completed
R5. Validation Reports	Within 3 months of completing T6
R6. Section B4 Site Audit Statement and Site Audit Report	Within 3 months of completing T6

All other conditions in the Original Notice remain the same and continue to apply in conjunction with any amended and new conditions imposed under this Amendment Notice.

[signed 9 March 2022]

JANINE GOODWIN

Unit Head

Regulatory Operations Regional

(By delegation)

Date of this Amendment Notice: 9 March 2022

NOTE:

Information recorded by the EPA

Section 58 of the CLM Act requires the EPA to maintain a public record. A copy of this notice will be included in the public record and is accessible 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 reasonably practicable after giving its approval for a voluntary management proposal relating to the Land to which this notice applies. Section 44(2)(d) of the Act outlines that an amendment of an approved voluntary management proposal is to be taken to be made under the same provisions as the original approved voluntary management proposal (namely. under s 17 of the Act). In these circumstances, and pursuant to s 59(2)(c) of the Act, the existence of an approved voluntary management proposal (or amended 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. Pursuant to s 59(3) of the Act, if a Council includes advice in a planning certificate regarding an approved voluntary management proposal that no longer applies to the Land, it is to make it clear on the planning certificate that the notice no longer applies.

Relationship to other regulatory instruments

This Amendment 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.

Previous regulatory instrument

As of 1 July 2009, all current declarations of investigation area and declarations of remediation site are taken to be declarations of significantly contaminated land, all current investigation orders and remediation orders are taken to be management orders and all current agreed voluntary investigation proposals and agreed voluntary remediation proposals are taken to be approved voluntary management proposals.

Preparation and approval of reports submitted to EPA to comply with this Amendment Notice

Any report submitted to the EPA to comply with this voluntary management 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.

Note: If a report submitted has not been prepared or reviewed and approved by a certified consultant, the EPA will not accept the report. The report will be returned to the regulated party to arrange for review and approval by a certified consultant.