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Compliance Report March 2017
March 2017
2
Compliance Report
The Department of Planning and Environment's Compliance
Team works with communities across NSW
to ensure projects such as mines, industrial sites, major
developments and infrastructure meet the strict conditions
included in their approvals.
Our Compliance Team undertakes proactive inspections (including unannounced) of state significant projects, investigates
potential breaches, and carries out enforcement where necessary.
In doing this, the Compliance Team works closely with local communities and councils to investigate their concerns and ensure
community confidence in the regulation of state significant projects. Additionally, the Compliance Team collaborates with other
state and federal government agencies to seek a whole of government approach to state significant project regulation.
Enforcement can range from negotiating practical solutions, issuing penalty notices and, in serious cases, criminal prosecutions.
As well as conducting monitoring and enforcement activities, the Compliance Team plays an important role in educating
proponents, community members and other stakeholders about the Department's compliance functions. Education sessions allow
the Department to reinforce expectations, better understand industry specific issues, the systems used to ensure compliance,
listen to community concerns, provide feedback on sector or company performance, and promote best practice across all industry
sectors.
Activity Below is a snapshot of the Compliance Team's activity in March 2017:
COMPLIANCE MONITORING ACTIVITIES March 2017 2016/2017 Total
Inspections and surveillance carried out 76 731
New investigations commenced this month 29 218
Review of compliance documentation 30 252
Subtotal compliance monitoring 135 1201
ENFORCEMENT ACTIVITIES March 2017 2016/2017 Total
Official cautions issued 9 56
Orders imposed 0 12
Penalty notices 9 61
Prosecutions 0 2
Subtotal enforcement 18 131
Compliance Education Monitoring Enforcement
March 2017
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Compliance Report
Monitoring
The Department's Compliance Team conducted 76 inspections to monitor compliance against conditions of approval,
with some projects inspected multiple times during the period.
Social Infrastructure
Gosford Hospital (Central Coast LGA) *2
Illawarra International Health Precinct (Wollongong City
LGA) * 2
Northern Beaches Hospital, Frenchs Forest (Northern
Beaches LGA) *5
University of Technology Sydney (Council of the City of
Sydney)
Infrastructure
North Connex (Hornsby Shire LGA, Ku-ring-gai LGA and
The Hills Shire LGA) *2
Sydney CBD and South East Light Rail Project (Inner West
LGA, Randwick LGA & City of Sydney LGA) * 2
Sydney Metro and Southwest (Council of the City of
Sydney, Inner West LGA, Lane Cove Municipal LGA,
North Sydney LGA, Willoughby City LGA)
WestConnex (Inner West LGA; Cumberland LGA;
Municipality of Strathfield LGA, Bayside LGA, Canterbury-
Bankstown City LGA, City of Sydney LGA and Burwood
LGA) *19
Mines/Gas Extraction
Dargues Mine (Queanbeyan Pelerang LGA)
Hera Mine (Cobar Shire LGA)
Hillgrove Mine (Armidale Regional LGA)
Mandalong Coal Mine (Lake Macquarie City LGA)
Russell Vale Mine (Wollongong Shire LGA)
Sunnyside Mine (Gunnedah Shire LGA)
Wongawilli Mine (Wollongong Shire LGA)
Quarries
Barina Quarry (Goulburn Mulawaree LGA)
Gunlake Quarry (Goulburn Mulawaree LGA)
Wagga Wagga Quarry (Wagga Wagga LGA)
78
13
24
5
22
94 1 1
March 2017 - Inspections - 76
Mines/Gas Extraction Social Infrastructure
Residential/Commercial/Retail Infrastructure
Renewable Energy Resource Recovery/Remediation
Food Processing/Agriculture/Aquaculutre Tourism
Quarries State Significant Sites
Other
March 2017
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Compliance Report
Residential/Commercial/Retail Developments
Bayridge Estate Batemans Bay (Eurobodalla Shire LGA)
Barangaroo (Council of the City of Sydney)
Kiera Street Wollongong (Wollongong City LGA)
Marrickville Metro (Inner West LGA)
Matterhorn Perisher (Snowy Monaro Regional LGA)
Princess Highway Helensvale (Wollongong City LGA)
Sanctuary Point Subdivision (Shoalhaven City LGA)
Sandon Point Residential Subdivision (Wollongong City
LGA)
Tallawarra Lands Yallah (Wollongong City LGA)
The Stable Perisher Apartment 14 and 15 (Snowy Monaro
Regional LGA)
The Stables Perisher Apartment 27 (Snowy Monaro
Regional LGA)
Wentworth Avenue Sunshine Bay (Eurobodalla Shire
LGA)
150 Epping Road Lane Cove (Lane Cove Municipal LGA)
330 Church Street Parramatta (City of Parramatta LGA)
Renewable Energy
Broken Hill Solar Farm (Broken Hill LGA)
Moree Solar Farm (Moree Shire LGA)
Sapphire Wind Farm (Glen Innes Severn LGA; Inverell
Shire LGA)
Silverton Windfarm (Broken Hill LGA)
White Rock Windfarm (Glen Innes Severn LGA; Inverell
Shire LGA)
Food Processing/Agriculture/Aquaculture
Scone Abattoir (Upper Hunter Shire LGA)
Bourke Abattoir (Bourke Shire LGA)
Distribution/Storage
Baileys Marine Refuelling & Supply Facility (Inner West
LGA)
Waste/Resource Recovery/Remediation
Chester Hill Waste Facility (Bankstown City LGA)
Kings Park Waste Facility (Bankstown City LGA)
Tourism/Recreation
Boollwarroo Parade Shell Cove (Shellharbour City LGA)
Overseas Passenger Terminal (Cruise Bar, Restaurants
and Events)
Shell Cove Boat Harbour (Shellharbour City LGA)
Sydney Super Yacht Marina (Inner West LGA)
Taronga Zoo (Mosman Municipal LGA) *2
Western Sydney Stadium (Parramatta Shire LGA)
Manufacturing
Nil
Other
72 Gardiner Street, Rutherford (Maitland LGA) - Non DPE
approval site.
* Denotes multiple site visits.
For more information on projects, please access via the
Department’s major project register:
http://majorprojects.planning.nsw.gov.au/
March 2017
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Compliance Report
Enforcement
Penalty Notice and three Official Caution’s issued to SUEZ Recycling and Recovery Pty Ltd (Lucas Heights Waste
Facility)
On 2 March 2017, the Department issued a $15,000 Penalty Notice to SUEZ Recycling and Recovery Pty Ltd, operator of the
Lucas Heights Waste Facility in the Sutherland Shire, for failing to comply with dust monitoring requirements contained within the
Air Quality Management Plan (AQMP) required by the conditions of approval (MP 09_0166). Following the submission of the 2015
Independent Environmental Audit, the Department’s investigation revealed that that total suspended particulate (TSP) monitoring
was not undertaken as per the AQMP. The company has committed to Install TSP monitoring equipment by 30 April 2017.
In addition, on 2 March 2017, the Department issued three Official Caution’s to SUEZ Recycling and Recovery Pty Ltd (SUEZ)
for failing to:
implement the Landscape Plan for the Truck Parking Area (TPA). SUEZ used compacted road base on the TPA instead
of a concrete slab. This non-compliance represents a risk of soil contamination should a hydrocarbon spill occur within
the TPA;
comply with the Australian Standard AS 1940-2004 for the storage and handling of fuel and chemicals. The Department’s
investigation found the following did not comply with the relevant Australian Standard:
o earthen bunding around the fuel and chemical storage area;
o discharges from the oil/water separator flowed into a dam which was not lined; and
o concrete in the workshop was damaged or broken in places.
undertake independent environmental audits (IEAs) on a 3-yearly basis as required by the project approval.
The Department will continue to monitor the development to ensure these breaches are remedied in a timely manner.
Two Penalty Notices and Two Official Cautions issued to Boral Resources (NSW) Pty Ltd (Widemere Waste Facility)
On 9 March 2017, the Department issued two $15,000 Penalty Notices and two Official Cautions to Boral Resources (NSW) Pty
Ltd (Boral) at the Widemere Waste Facility in Western Sydney. Penalty Notices were issued for:
exceeding the waste limit for the twelve month period 17 November 2015 to 16 November 2016 by approximately
130,000 tonnes per annum; and
carrying out repairs and maintenance outside the machine shed/workshop, failing to bund the machine shed/workshop,
and not directing all liquids from the maintenance area to the waste oil tank.
Official Cautions were issued for:
exceeding truck movements for the twelve month period 17 November 2015 to 16 November 2016; and
failing to upgrade catch drains to capture and direct surface water and clean out and maintain sediment pits.
The Department will continue to monitor the development to ensure these breaches are remedied.
Penalty Notice issued to Lendlease Building Pty Ltd (Gosford Hospital Redevelopment Site)
On 10 March 2017, the Department issued a $15,000 Penalty Notice to Lendlease Building Pty Ltd (Lendlease) for undertaking
works prior to 7am at the Gosford Hospital redevelopment site, in breach of the conditions of consent. Following community
complaints concerning noise impacts from work commencing at the site before 7am, the Department undertook early morning
surveillance over several days. The Department observed that on 2 and 3 February 2017, works commenced before 7am in
breach of the hours of construction.
March 2017
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Compliance Report
Penalty Notice issued to Leda Manorstead Pty Ltd (Cobaki Estate)
On 13 March 2017, the Department issued a $15,000 Penalty Notice to Leda Manorstead Pty Ltd, for removing dirt and rock
material from the Cobaki Estate development in the Tweed Heads area without consent. Following community complaints relating
to noise and dust from trucks leaving the Cobaki Estate development, the Department undertook an investigation. The
Department’s investigation revealed that although the company has consent to develop the Cobaki Estate, there is no approval
to remove any material from the site. The company cooperated with the Department’s investigation and has committed to ensuring
appropriate approvals are in place prior to undertaking further works. The Department wishes to acknowledge the assistance
provided by Tweed Shire Council during the course of this investigation.
Penalty Notice issued to Hanson Construction Materials Pty Ltd (Bass Point Quarry)
On 14 March 2017, the Department issued a $15,000 Penalty Notice to Hanson Construction Materials Pty Ltd, for failing to
comply with conditions of approval at the Bass Point Quarry. The Department’s investigation revealed that blasting activities at
the Bass Point Quarry exceeded the approved airblast overpressure limit of 120dB(L) on 8 February 2017.
Penalty Notice issued to Crawfords Freightlines Pty Ltd (Ammonium Nitrate Storage Facility)
On 21 March 2017, the Department issued a $15,000 Penalty Notice to Crawfords Freightlines Pty Ltd, for undertaking timber
fumigation at their Ammonium Nitrate Storage Facility near Newcastle, without development consent. The Department observed
the timber fumigation during an inspection of the facility in December 2016. Crawfords has lodged a development application with
Newcastle City Council for this activity. The outcome of this application will determine any further enforcement action.
Penalty Notice and two Official Cautions issued to Altis Property Partners Pty Ltd (Altis Warehouse and Logisitics
Hub)
On 24 March 2017, the Department issued a $15,000 Penalty Notice to Altis Property Partners Pty Ltd for failing to comply with
conditions of approval (SSD 7173) at the Altis warehouse and logistics hub in Orchard Hills. Following community complaints,
the Department’s investigation revealed that the company had not obtained approval from the Roads and Maritime Services to
access the site from Mamre Road. The company has since obtained these approvals.
In addition, on 24 March 2017, the Department issued two Official Cautions to Altis Property Partners Pty Ltd for failing to
comply with conditions of approval (SSD 7173) in relation to hours of work and dust management. Following community
complaints, the Department’s investigation revealed that the company was undertaking works out of hours and had failed to
take adequate measures to minimise dust during construction. The company has since undertaken a number of measures to
prevent out of hours works and minimise dust emissions coming from the construction site.
Penalty Notice issued to Veolia Environmental Services (Australia) Pty Ltd (Banksmeadow Waste Transfer Terminal)
On 29 March 2017, the Department issued a $15,000 Penalty Notice to Veolia Environmental Services (Australia) Pty Ltd (Veolia)
for failing to comply with the approved Remedial Action Plan (RAP) at their Banksmeadow Waste Transfer Terminal site in Western
Sydney. The Site Audit report identified three deviations from the approved RAP:
1. failure to remediate an identified zinc contamination hotspot
2. use of asbestos impacted fill in service trenches; and
3. areas of soft landscaping not capped to 500mm.
The Site Audit Report includes a statement by the auditor that the site is suitable for its intended use which was accepted by the
Department on 12 December 2016.
March 2017
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Compliance Report
Veolia has prepared an Environmental Management Plan (EMP) in response to the site audit report which contains control
measures. The Department has required Veolia to register the service plans and the EMP with the Dial before You Dig data base
to notify service contractors of the potential for asbestos impacted fill in service conduits. The Department has also required Veolia
to send a copy of Site Audit Statement and EMP to Bayside Council for the appropriate public notification of restrictions applying
to the site through the section 149 Certificates for the site.
Penalty Notice issued to State Road Constructions Pty Ltd for M4 East (SSI 6307)
On 30 March 2017, the Department issued a Penalty Notice to State Road Constructions Pty Ltd for failing to comply with the
condition prohibiting the use of local roads by heavy vehicles for the M4 East project.
The Department had received complaints regarding the use of local roads by heavy vehicles on the M4 East project and
commenced surveillance. During surveillance of local roads on the project, on 24 January 2017 five spoil trucks were sighted
parked on a local road contrary to the conditions of approval for the M4 East project (SSI 6307).
The Department will continue to monitor the use of local roads by heavy vehicles.
Official Caution issued to Boggabri Coal Operations Pty Ltd (Idemitsu)
On 3 March 2017, the Department issued an Official Caution to Boggabri Coal Operations Pty Ltd (Boggabri coal mine) for
undertaking clearing activity above 35oC, in breach of the Biodiversity environment management plan. After receiving an incident
notification from the mine, the Department’s investigation concluded that whilst clearing activities physically occurred for a short
period and other impact mitigation obligations were fulfilled, clearing had occurred above the prescribed temperature limit. The
mine has reviewed and improved their control measures for temperature notifications during clearing activities.
Official Caution issued to CPB Contractors Pty Ltd (Northern Beaches Hospital site)
On 17 March 2017, the Department issued an Official Caution to CPB Contractors Pty Ltd (CPB) for undertaking works at the
Northern Beaches Hospital development prior to 7am, in breach of the construction environment management plan. After receiving
community complaints regarding works commencing before 7am, the Department’s investigation revealed that CPB had
commenced works at the site before 7am on 28 September 2016 and 23-25 January 2017.
Official Caution issued to ADCO Constructions Pty Ltd (Brookvale Community Health Centre)
On 17 March 2017, the Department issued an Official Caution to ADCO Constructions Pty Ltd (ADCO) for causing offensive noise
at the Brookvale Community Health Centre site. Following community complaints regarding excessive noise from a wind warning
device fitted to a crane operating at the site, the Department’s investigation revealed that the noise was considered “offensive”.
ADCO has cooperated with the Department and instigated a review of the device and measures to reduce the frequency of the
alarm.
Official Caution issued to Roads and Maritime Services for M4 Widening (SSI 6148)
On 28 March 2017, the Department issued an Official Caution to Roads & Maritime Services (RMS) for failing constructing
permanent built works prior to the approval of the Urban and Design Landscape Plan. This was the first offence for the project
and RMS was cooperative during the investigation.
Further, RMS and WCX M4 Pty Ltd have finalised a program of works through a Voluntary Undertaking (entered into by WCX M4
Pty Ltd) to remedy community concerns about these works and the associated vegetation clearing. WCX M4 Pty Ltd undertakes
to fund Cumberland Council to implement bush regeneration of an existing Endangered Ecological Community near Hill Road,
Lidcombe. The undertaking also provides Council with funding for the planting of 70 street trees on feeder roads running north
into Parramatta Road between Bernie Avenue and Bombay Street Lidcombe.
March 2017
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Compliance Report
Official Caution issued to joint venture partners for M4 Widening (SSI 6148)
On 28 March 2017, the Department issued Official Cautions to Rizzani De Eccher Australia Pty Ltd and CPB Contractors Pty
Limited (the joint venture partners) for failing to comply with the notification requirements provided for in the projects Community
Communication Strategy for the M4 Widening project. In particular out of hours night works were conducted without adequate
notice being provided to the community.
The venture partners has implemented additional measures to ensure works the subject of public notifications are undertaken in
accordance with the Community Communication Strategy to reduce impacts on the surrounding community.
March 2017
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Compliance Report
Location of NSW site visits
March 2017
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Compliance Report
Sydney metropolitan region site visits