attachment 2 objection under sepp 1

Attachment 2 Objection under SEPP 1

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Attachment 3 Development Plans

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Attachment 1 Minutes of the Gosford-Wyong Council Water Authority Board Meeting held on 18 August 2010

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WYONG SHIRE COUNCIL

MINUTES OF THE

GOSFORD / WYONG COUNCILS' WATER AUTHORITY BOARD MEETING OF COUNCIL HELD AT GOSFORD CITY COUNCIL,

ON 18 AUGUST 2010 COMMENCING AT 9.09 AM

PRESENT: CR HOLSTEIN* CHAIRPERSON GOSFORD WYONG CR MAHER* CR SYMINGTON*(in attendance via phonelink) MR P WILSON* MR M WHITTAKER* MR B KOIZUMI-SMITH* MR P WISE* MR G MCDONALD GOSFORD CITY COUNCIL STAFF WYONG SHIRE COUNCIL STAFF MS P MCCANN (arrived at 9.14am) MS R REDMOND MR N SLADE MS J ELVIDGE MS M LOW * BOARD MEMBERS WITH VOTING RIGHTS AT THIS MEETING. AUTHORITY STAFF APOLOGIES MR G CASEMENT MR R WILLIAMS MR B BAKER CR LATELLA CR GRAHAM CR MATTHEWS CR VINCENT


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1.1 Disclosure of Interest

RESOLVED unanimously on the motion of Cr Holstein and seconded by Mr Whittaker: That the Board receive the report on Disclosures of Interest and the fact that no disclosure was made be noted. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL 1.2 Confirmation of Minutes of Previous Meeting

RESOLVED unanimously on the motion of Mr Whittaker and seconded by Cr Maher: That the Board confirm the minutes of the previous Gosford/Wyong Councils’ Water Authority Board meeting held on 19 May 2010. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL BUSINESS ARISING FROM THE MINUTES THERE WAS NO BUSINESS ARISING FROM THE MINUTES.


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2.1 Toukley Desalination Plant

Pam McCann arrived at 9.14am during discussion on this item. Resolved unanimously on the motion of Mr Wilson and seconded by Cr Holstein:

That the Board note the information and recommend to the two Councils:

1 That a budget of $530,000 be approved to undertake the pre construction consent conditions and physical commencement of the desalination project to preserve the Development Approval.

2 That Wyong Shire Council expedite the investigation and design activities at the

Toukley desalination site in accordance with the Contaminated Lands Management Act to enable site works to commence prior to June 2012.

3 That full briefings be given to both Councils prior to the Minutes of the Water

Authority Board being brought back for consideration by both Councils. 4 That the two Councils note that the Water Plan 2050 identifies desalination as

one of the potential future supplies, if climate change or other issues necessitates the development of additional supplies, in the future and would be initiated as a last resort.

5 That a joint media statement be prepared for consideration by both Councils.

FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL


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2.2 Project Report - Update on Capital Works

RESOLVED unanimously on the motion of Mr Whittaker and seconded by Mr Wilson : That the Board note the information and endorse the budget increase of $1,100,000 for the construction of the Gosford Distribution Works for the Mardi High Lift Pump Station for a total budget of $1,520,000.

Item Pre construction

Construction Total

Preconstruction activities $420,000 $420,000Ourimbah Pump Station mechanical electrical refit

$500,000 $500,000

Ancillary works including; reservoir inlet modifications, new valves and automation of manual valves

$600,000 $600,000

Total $1,100,000 $1,520,000

FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL 2.3 Hunter Water Transfers

RESOLVED unanimously on the motion of Mr Wilson and seconded by Mr Whittaker: That the Board receive the report on Hunter Transfers and note that a draft revised restriction guideline with corresponding operating rules will be presented to the November Board meeting. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL 3.1 Information Reports

RESOLVED unanimously on the motion of Mr Whittaker and seconded by Cr Maher: That the Information Reports be resolved individually. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,



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3.2 Mardi to Mangrove Link Project Status

RESOLVED unanimously on the motion of Mr Whittaker and seconded by Cr Maher: That the Board receive the report on Mardi to Mangrove Link Project Status. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL 3.3 Regular Information Report

RESOLVED unanimously on the motion of Mr Whittaker and seconded by Cr Maher: That the Board receive the report on Regular Information Report. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL 3.4 Communications Update

RESOLVED unanimously on the motion of Mr Whittaker and seconded by Cr Maher: That the Board receive the report on Communications Update. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,



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3.5 Budget and Financial Summary

RESOLVED unanimously on the motion of Mr Whittaker and seconded by Cr Maher: That the Board receive the report on Budget and Financial Summary. FOR: Cr Holstein, Cr Maher, Mr Koizumi-Smith, Cr Symington, Mr Whittaker,

Mr Wilson, Mr Wise AGAINST: NIL GENERAL BUSINESS

Tabling of the GWCWA Submission regarding Wallarah 2 Coal Project

Garry Casement tabled the GWCWA submission made regarding the Wallarah 2 Coal Project Environmental Assessment Report for the Board members information.

Legislative Changes regarding the formation of the Central Coast Water Corporation

Mr Whittaker requested that a status report regarding the formation of the Water Corporation and the legislative changes be given to the Board.

Greg McDonald advised that the Minister for Water and both Mayors signed the Memorandum of Understanding (MOU) last week. Cabinet has since requested a further legislative change which will mean that the new Corporation can be levied for the Climate Change Fund.

This change does not require amendment of the Central Coast Water Corporation Act but will require the schedule in the Energy and Utilities Administration Act to now include the Central Coast Water Corporation so that the levy can be applied. Mr Whittaker advised that when the Central Coast Water Corporation gets added to the list of corporations to be levied care should be taken to ensure that both Wyong and Gosford Council are removed from the list. Greg further advised that a legal expert has been appointed and will be part of the team reviewing the amending legislation when it comes through in draft form this week. Mr Whittaker requested that when any legal opinion around the amendments is received, this should be circulated to the Board members as soon as possible.

THE MEETING terminated at 9.53am.

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Attachment 2 Report 2.1 Toukley Desalination Plant Board Paper (18 August 2010)

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18 August 2010 Director’s Report

To the Gosford / Wyong Councils' Water Authority Board Meeting

Technical Advisory Group Report

2.1 Toukley Desalination Plant

TRIM REFERENCE: F2004/06808 - D02307935 AUTHOR: GC

SUMMARY This Report provides advice in relation to the commencement of physical works for the Toukley Desalination Plant.

RECOMMENDATION

That he Board note the information and recommend to the two Councils:

1 That a budget of $530,000 be approved to undertake the pre construction consent conditions and physical commencement of the desalination project to preserve the Development Approval.

2 That Wyong Shire Council expedite the investigation and design activities at the Toukley desalination site in accordance with the Contaminated Lands Management Act to enable site works to commence prior to June 2012.


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BACKGROUND

At the Board meeting held on 21 February 2007, the Board in relation to the proposed 20 ML/d desalination plant at Toukley resolved:-

That the Board note the information and recommend to Wyong Shire Council the: 1. acceptance of the DOP Development Consent conditions for the proposed 20 ML/d

desalination plant to be located adjacent to the Toukley Sewage Treatment Plant. (copy of conditions on file)

Wyong Shire Council Subsequently accepted the Consent conditions on 28th February 2007. With the easing of drought conditions in mid 2007, commissioning of an expanded Hunter Link (average transfer capacity of 33 ML/d subject to Hunter storage levels) and adoption of WaterPlan 2050, the Desalination Plant has not undergone any development beyond obtaining the development consent. To date $2.2 M has been invested in the concept development and Development Approval for the project and took approximately 3 years to undertake. The Notice of Determination dated 6 July 2007 states that if the applicant has not physically commenced work permitted by the consent within 5 years of the consent becoming operative the consent will lapse. WaterPlan 2050 identifies desalination as one of the potential future supplies along with Tillegra Dam and indirect potable reuse if climate change or other issues necessitates the development of additional supplies in the future. During the recent drought all viable short to medium term contingency projects were undertaken. Planning for desalination at Toukley was undertaken but due to the construction of the Hunter Link, timing of the development approval and climatic conditions it was not constructed. In the event of a future drought outside the design criteria for the water supply necessitating a contingency supply, desalination would potentially be an appropriate solution. Preservation of the current development approval for desalination at Toukley would be a valuable asset. To preserve the development consent, physical works need to commence before July 2012.

REPORT Impact of EP&A Amendment (Development Consents) Act 2010 On May 2010 the Environmental Planning and Assessment Amendment (Development Consents) Act 201(Amendment Act) came into force. The Amendment Act was introduced to assist developers who are having difficulty in the wake of the global financial crisis commencing approved projects before consent periods lapse. The Amendment Act provides for all development consents granted with a consent period less than 5 years which were in force on 22 April 20101 to be automatically extended to hold a five year consent period. As the desalination scheme already holds a 5 year consent period the Amendment Act does not extend the time in which the project is required to commence. Consent Conditions The consent conditions include a number of significant activities that are required to be undertaken prior to construction (physical works). These are summarised below in Table 1. Table 1 Pre construction consent conditions.

Condition No. Condition Utilities and Services 1.7 Identify all affected public utility services likely to be affected by


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proposal 1.8 Consult affected utility providers 1.9 Provide documentary evidence to the Director General (NSW

Department of Planning) that the service providers requirements have been met.

Compliance 1.12 Certify in writing to the satisfaction of the Director General that all

conditions applicable prior to commencement of construction have been complied with

Development Design Requirements 2.1 Certify to the satisfaction of the Director-General that the relevant

requirements of Development Control Plan No. 67 – Engineering Requirements for Development will be met.

2.2 Demonstrate to satisfaction of the Director-General that a Certificate Compliance under the water Management Act 2000 for water and sewer requirements has been obtained.

Dune and Beach Management 2.5 Install visible barriers to prevent unauthorised access to the

construction area on Lakes Beach. 2.6 Provide visible signage top barriers referred to in 2.5. This is to

include signage detailing construction details such as contact number for public enquiries

Stockpiled Materials 2.23 Undertake representative sampling and testing of materials

stockpiled on site and classify material. Then remove materials to a waste management facility.

2.27 Consult with the RTA in relation to raw water main, document agreement and provide copy to the Director General.

Groundwater Monitoring 3.3 Develop a groundwater monitoring program to monitor the effects of

seawater intake on local groundwater flows. Monitoring program to be submitted for approval of Director-General prior to construction or within such period as agreed by the Director General.

Complaints Procedure 4.2 Develop Complaints Procedure 4.3 Develop and manage a complaints register Environmental Representative 5.1 Nominate a Environmental Representative for approval by the

Director General. Construction Environmental Management Plan 5.2 Prepare and submit for the approval of the Director-General a

Construction and Environmental Management Plan consistent with the Guideline for the Preparation of Environmental Management Plans (DIPNR 2004)

Annual Performance Reporting. 6.1 Submit an Annual Environmental Management Report (AEMR) for

the life of the development. A copy of the conditions of consent are provided in Attachment 2 Discussion Planning and legal advice has been obtained on the necessary level of activity that would constitute physical commencement of the project.


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The advice highlighted the need to ensure that any commencement activities are undertaken in a lawful manner citing numerous activities specified in the consent conditions that are to be undertaken prior to construction.

It is considered prudent to retain the desalination project at Toukley as a drought contingency or future supply source if required. Given the current water supply situation additional supplies are not currently required, though this situation could change requiring the expeditious provision of desalinated water.

Constructing the desalination project in a phased manner would provide the local community significant benefits in terms of cost, water supply risk and environmental impact.

This could be achievable if the high cost components could be deferred until the water supply situation warranted the investment of these items. It is not proposed to undertake these items unless desalinated water supplies become necessary.

There are four key elements to the project, these being:- 1. Sea water intake wells and transfer pump station at Lakes Beach 2. Transfer Main from the Transfer Pump station to the Desalination Plant 3. The Desalination Plant adjacent to the Toukley Waste Water Treatment Plant 4. The reject water disposal system utilising the existing treated effluent discharge

tunnel. Figure 1 Below is a locality map showing the Proposed Desalination Scheme.


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To minimise the impact of the initial construction phase of the desalination project on the community, it is proposed that these initial works be undertaken at the desalination plant site adjacent to the Toukley sewage treatment plant. It is proposed that these works be focused on the site works necessary to enable the rapid construction of the desalination facilities if and when required. At the time that the Statement of Environmental Effects was prepared for this project the site contained stockpiled materials which the Notice of Determination required representative testing, characterisation in accordance with the Environmental Guidelines: Assessment,


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Classification and Management of Liquid and Non Liquid Wastes (EPA 1999) with subsequent removal and disposal to a waste management facility lawfully permitted to accept the materials. Subsequent to the issuing of the Notice of Determination for the project DECCW issued Wyong Shire Council with a Clean Up Notice requiring the removal and disposal of the stockpiles. This has been undertaken satisfying the requirements of the Notice of Determination and the Clean Up Notice. Further investigations have established that the site was used during the period 1950’s – 1990’s for night soil disposal and as a landfill. After the construction of the sewage treatment plant, sewage sludge was disposed of at this location. For this reason the site has been added to the remediation program for closed landfills and investigation under the Contaminated Lands Management Act has commenced. The Guidelines for Consultants Reporting on Contaminated Sites outline four stages in the remediation of contaminated land which are summarised below:-

1. Preliminary investigation 2. Detailed investigation 3. Remedial Action plan and concept design 4. Validation and site monitoring

After each of the steps 1 to 3 above a DECCW accredited contaminated site auditor is required to validate the investigation reports and Remedial Action Plan. After stage 3 and before stage 4 remediation works will be undertaken in accordance with the detailed designs developed based on the Remedial Action Plan. For the Toukley site step 1 has been completed and the preliminary report is currently being assessed by the site auditor. With the current funding priority the rehabilitation investigation and design activities for the Toukley site will not be completed prior to June 2012. The responsibility for undertaking the remediation of contaminated lands at the Toukley site rests with Wyong Shire Council. A 50 % contribution towards these costs by the WSC water and sewer fund may enable these activities to be expedited. To enable the desalination buildings, tanks and other facilities to be constructed, site preparatory works such as drainage, levelling and sedimentation and erosion control will be necessary. These works will need to be coordinated in an appropriate manner with the rehabilitation works to constitute commencement of construction of the desalination project. In the event that the closed landfill remediation program cannot be undertaken in a timeframe that will enable the proposed site works to commence prior to June 2012 it is proposed the three pipelines to be constructed between the desalination site to the existing Norah head tunnel dosing tank a distance of approx 150 m be constructed prior to June 2012. See highlighted pipelines on Attachment 1 - schematic diagram for the details of these pipelines. These pipelines are within the contaminated site and would need to be constructed with all the necessary safety precautions relevant to the site. Table 2 below outlines a potential phased approach to construction of the Toukley Desalination Plant to minimise financial impacts to the Central Coast community. Table 2: Proposed phased approach to delivering the Toukley Desalination Plant

Phase Description Trigger to undertake phase

1 Undertake Preconstruction activities documented in the Development Consent Conditions to the level detailed in Table 3

Complete prior to phase 2 commencement.


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below. 2 Undertake works at the desalination site

including:- Minor upgrade of site fencing Provide signage to fencing consistent

with the requirements at Lakes Beach (condition 2.6 but at Desalination plant site)

Undertake geotechnical and contaminated sites assessment of desalination plant site

Installation of long term erosion and sedimentation controls to the site

Commence site levelling earthworks or pipelines between front of site and the dossing tank for the Norah Head outfall tunnel.

Weed management on site

Undertake prior to July 2012

3 Investigation and preliminary activities required prior to contract documentation

Triggered 42 months prior to product water being required.

4 Prepare Contract Documentation to construct the major components. Includes 6 month EOI phase run in parallel

Triggered 3 years prior to product water being required to secure drought supply.

5 Call Tenders to construct Sea water intake wells and transfer

pump station at Lakes Beach Transfer Main from the Transfer Pump

station to the Desalination Plant The Desalination Plant

Triggered 30 months prior to product water being required to secure drought supply. Calling tenders commits council to proceeding to complete all construction activities.

The development consent conditions have been structured in such a way that various conditions relate to the construction of the development as a whole while others relate the construction of individual components. A number of the conditions are required to be met prior to construction activities whilst others are required to be undertaken prior to commissioning, before the commencement of operations or on a scheduled basis after commissioning. Table 3 below outlines the consent conditions that must be undertaken prior to the construction of the development or at the desalination plant site. There are a number of these conditions which could be staged to be compatible with staged construction. Table 3 includes commentary on the potential to stage the implementation of the consent conditions. Table 3 Proposed timing and extent of undertaking Consent Conditions.

Cond No.

Condition Comment

Utilities and Services 1.7 Identify all affected public utility services

likely to be affected by proposal Complete prior to phase 2

1.8 Consult affected utility providers Complete prior to phase 2 1.9 Provide documentary evidence to the

Director General (NSW Department of Planning) that the service/ utility providers

Complete prior to phase 2


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Cond No.

Condition Comment

requirements have been met. Compliance 1.12 Certify in writing to the satisfaction of the

Director General that all conditions applicable prior to commencement of construction have been complied with


Development Design Requirements 2.1 Certify to the satisfaction of the Director-

General that the relevant requirements of Development Control Plan No. 67 – Engineering Requirements for Development will be met.

Complete prior to phase 2 Include all requirements in any future design or construction activities. Provide written commitment to this effect with DG.

2.2 Demonstrate to satisfaction of the Director-General that a Certificate Compliance under the Water Management Act 2000 for water and sewer requirements has been obtained.

Obtain Certificate of Compliance based on existing concept design documents. Complete prior to phase 2.

Dune and Beach Management 2.5 Install visible barriers to prevent

unauthorised access to the construction area on Lakes Beach.

Clause states required “prior to commencement of construction works on Lakes Beach”. Construction simple and low cost but will likely raise community concerns if undertaken prior to Phase 4 triggered by drought conditions. Phase construction activities at Desalination site first deferring beach barriers until works at Lakes Beach required.

2.6 Provide visible signage top barriers referred to in 2.5. This is to include signage detailing construction details such as contact number for public enquiries

See 2.5 Provide signage at Desalination site in Phase 2. Undertake clause 2.6 during Phase 4

Stockpiled Materials 2.23 Undertake representative sampling and

testing of materials stockpiled on site and classify material. Then remove materials to a waste management facility.

Completed

2.27 Consult with the RTA in relation to raw water main, document agreement and provide copy to the Director General.


Groundwater Monitoring 3.3 Develop a groundwater monitoring program

to monitor the effects of seawater intake on local groundwater flows. Monitoring program to be submitted for approval of Director-

Develop program during Phase 1. Implement program during Phase 4


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Cond No.

Condition Comment

General prior to construction or within such period as agreed by the Director General.

Complaints Procedure 4.2 Develop Complaints Procedure Complete prior to phase 2 4.3 Develop and manage a complaints register Complete prior to phase 2 Environmental Representative 5.1 Nominate a Environmental Representative

for approval by the Director General. Undertake in Phase 1 but scope limited to only phase 2 activities. Environmental Representative scope expanded on triggering phase 4 and 5.

Construction Environmental Management Plan

5.2 Prepare and submit for the approval of the Director-General a Construction and Environmental Management Plan consistent with the Guideline for the Preparation of Environmental Management Plans (DIPNR 2004)

Clause 5.3 provides for staged construction. With agreement of DG. Prepare for Phase 2 activities only during Phase 1.

Annual Performance Reporting. 6.1 Submit an Annual Environmental

Management Report (AEMR) for the life of the development.

Report annually

Cost Estimate The estimated cost for to achieve physical commencement for the desalination project is provided in table 4 below. It should be noted that the estimated cost does not include costs for the investigation, design and remediation under the Contaminated Lands Management Act associated with the closed landfill. Table 4 Estimated cost to achieve physical commencement

Item Estimated Cost

Notes

Project Management 50,000 Manage the consent condition process and manage the construction activities to establish commencement. Does not cover the Contaminated Lands remediation activities.

Pre Construction development consent conditions

110,000 Provides for the necessary items in the consent conditions required prior to construction.

Proposed Site levelling and preparation Works

300,000 Includes a provision of $200,000 towards either commencement of site levelling works or pipelines between front of site and Norah Head tunnel dosing tank. Does not include the costs associated with rehabilitation of the site contamination.

Contingency 15 % 70 000 Total 530,000


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The estimated cost to undertake the investigation and design for the remediation of the closed landfill under the Contaminated Lands Management Act is $500,000. ATTACHMENTS 1 Toukley Desalination Site Layout D023079182 Notice of Determination - attach copy Ministers conditions of consent for

public display - Gosford Wyong Water Supply Desalination Scheme D00920136

Attachment 3 Toukley Desalination Site Layout (Attachment to Report 2.1 (18 August 2010)

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Attachment 4 Notice of Determination - Copy of Ministers Conditions of Consent for Public Display - Gosford Wyong Water Supply Desalination Scheme - (Attachment to

Report 2.1 - 18 August 2010)

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Attachment 1 Report from September 2010 Central Coast Omnibus Survey - Community Attitudes Regarding Council's investment of Resources

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attachment 2 objection under sepp 1

Documents