Notice to Amend Approved Voluntary Management Proposal

Sections 17 and 44 of the Contaminated Land Management Act 1997

 

Orica Australia Pty Ltd [ACN: 004117828] 1 Nicholson Street

East Melbourne VIC 3002 Attention: The Proper Officer

Amendment Notice No. 20264404; Declaration No. 21074; Area No. 3203

 

 

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 Notice of Approved Voluntary Management Proposal No. 20251708 issued on 24 September 2025 (Original Notice). Further information is set out below.

What are you required to do?

Please read this Amendment Notice carefully and carry out the actions required. If you have any queries about the matter, please contact Amanda Mcdonald on Amanda.McDonald@epa.nsw.gov.au or (02) 9995 5157.

 

BACKGROUND

A.    The EPA is responsible for administration and enforcement of the Contaminated Land Management Act 1997 (Act) and has issued this Amendment Notice under s 17 and 44 of the Act.

 

Land to which this Amendment Notice applies

B.    The land to which this Amendment Notice applies is described as Botany Industrial Park

16-20 Beauchamp Road

Matraville NSW, 2036, within the local government area of Bayside Council (Land)

C.   The Land was declared on 9 February 2005 as significantly contaminated land by Declaration No. 21074 under s 11 of the Act. The Land has also been the subject of an approved voluntary management proposal as specified in the Original Notice issued under s 17 of the Act.

 

Approved Party to which this Notice applies

D.   The Original Notice approved the voluntary management proposal, dated 24 September 2025, in respect of Orica Australia Pty Ltd (Approved Party). This Amendment Notice applies to the Approved Party.

E.    A copy of the Original Notice (No. 20251708) showing the required actions can be accessed on the Contaminated Land Record of Notices on the EPA’s website at https://apps.epa.nsw.gov.au/prclmapp/searchregister.aspx.

Reasons for the Amendment

F.    The purpose of the amendment is to extend the completion date for R2.1 revision and submission of the Conceptual Site Model (CSM) from the current agreed deadline to April 2027 and to extend the completion date for R2.3 revision of Consolidated Human Health Risk Assessment (CHHRA) from the current agreed deadline to July 2027.

G.   The amendment was requested by the Approved Party in a letter dated 3 March 2026. The Approved Party requested an extension to the deadlines for the submission of the CSM and the CHHRA to allow forthcoming data to be incorporated and a more comprehensive assessment to be submitted to the EPA.

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

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

 

AMENDMENT OF ORIGINAL NOTICE

The Original Notice is amended as set out below and has effect inclusive of these amendments.

Table 1: Reporting Requirements and Expected Timing for Submission of Reports

Report	Current Date	Amended Date
R2.1 Revision and submission of the Conceptual Site Model (CSM)	April 2026	April 2027
R2.3 Revision of Consolidated Human Health Risk Assessment (CHHRA)	July 2026	July 2027

 

 

 

 

 

[Signed]

Manager Field Operations Metro

NSW Environment Protection Authority

(by delegation)

 

Date of this Notice: 28 May 2026

INFORMATION ABOUT THIS NOTICE

 

Management order

Under section 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.

 

Cost Recovery

Section 34 of the Act allows the EPA to recover its costs in connection with assessing and settling the terms of, 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 any other matter prescribed by the regulations.

 

Amendment or repeal

This notice may be amended or repealed by subsequent notices.

 

Cessation of the approved voluntary management proposal

A proposal ceases to be an approved voluntary management proposal if the EPA serves a notice in writing on each approved party stating that it is satisfied that the terms of the proposal have all been carried out or withdrawing its approval of the proposal. The proposal will cease at the time specified in the notice or if no time is specified, at the time the notice is served on each approved party.

 

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 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 inform the relevant local council of this notice. A planning certificate issued under s 10.7 of the Environmental Planning and Assessment Act 1979 must specify if the land to which the certificate relates is the subject of an approved voluntary management proposal at the date when the certificate is issued. 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 proposal 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 environment 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.

 

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.