CALTEX SERVICE STATION REDEVELOPMENT, MITCHELLAPPLICATION FOR EIS EXEMPTION CONSIDERATION REPORT
June 2017
Application for section 211 EIS Exemption Consideration Report i Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017
This report evaluates the application for an exemption under section 211 of the Planning and
Development Act 2007, from requiring a completed Environmental Impact Statement in the
development application for the removal and replacement of two underground storage tanks from
Caltex service station, Mitchell
Ref no: 201731411
Date lodged: 07/04/2017
Project: The removal and replacement of two underground storage tanks from Caltex service
station, Mitchell.
Street no. and name: Block 50, section 16 Mitchell 116 Lysaught Street
Proponent: Canberra Town Planning
The following information provides the certificate of approval for issue of this report.
Document no: 1-2017/07345
Date of issue: 22/06/2017
Position Name Signature Date
Reviewed by
Manager Jonathan Teasdale
Executive Director Brett Phillips
Deputy
Director- General
Gary Rake
Approved by Director-General
Ben Ponton
Application for section 211 EIS Exemption Consideration Report i Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017
Contents Application for EIS Exemption ................................................................. Error! Bookmark not defined.
Consideration Report ............................................................................... Error! Bookmark not defined.
1. Introduction ................................................................................................................................ 3
1.1. Project ................................................................................................................................. 3
1.2. Background ......................................................................................................................... 5
2. Environmental impact assessment ............................................................................................. 5
2.1. Impact track triggers ........................................................................................................... 6
2.2. Section 211 Process ............................................................................................................ 7
2.3. The EIS exemption application ............................................................................................ 8
2.4. EIS exemption decision ....................................................................................................... 8
2.5. Consultation ........................................................................................................................ 8
3. Matters of National Environmental Significance ...................................................................... 11
4. Impacts on Schedule 4 items .................................................................................................... 11
4.1. Schedule 4 Part 4.3 Item 7– Proposal involving land included on the register of
contaminated sites ........................................................................................................................ 11
5. EIS Exemption conditions .......................................................................................................... 14
6. Conclusion ................................................................................................................................. 15
Appendix 1 – Referral Entity Comments ........................................................................................... 16
Tables and Figures Figure 1 – Project Location ..................................................................................................................... 4
Table 1 - Legal land description and tenancy ......................................................................................... 5
Table 2 - EIS triggers per Schedule 4 of the Planning and Development Act 2007 ................................. 6
Figure 2 - The section 211 process .......................................................................................................... 7
Table 3 – Entity Referrals ........................................................................................................................ 9
Table 4 - Summary of public consultation ............................................................................................ 10
Table 5 – Previous Studies and Investigations ...................................................................................... 12
Table 6 - Mitigation measures .............................................................................................................. 13
Application for section 211 EIS Exemption Consideration Report ii Removal and Replacement of Underground Storage Tanks, Mitchell Version: 0.1 FINAL – 23 June 2017
Glossary and definitions
ACT Australian Capital Territory
CEMP construction environmental management plan
DA development application
DoE Commonwealth Department of the Environment
EIA Environmental impact assessment: the process of identifying, predicting,
evaluating and mitigating the biophysical, social, and other relevant
effects of development proposals before major decisions and
commitments are made.
EIS Environmental impact statement: a document prepared to detail the
expected environmental, social and economic effects of a development,
and state commitments to avoid, mitigate or satisfactorily control and
manage any potential adverse impacts of the development on the
environment. In the ACT, an EIS is required for proposals in the impact
track as per Section 127 of the Planning and Development Act 2007.
EMP environmental management plan
EPBC Act Environment Protection and Biodiversity Conservation Act 1999 (Cth)
EPD Environment and Planning Directorate
EPA Environment Protection Authority
PD Act Planning and Development Act 2007 (ACT)
MNES Matter of national environmental significance
RAP Remediation action plan
UPSS Underground petroleum storage system
UST Underground storage tanks
VOC Volatile organic compound
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1. Introduction This report is to the ACT Minister for Planning on the assessment of the Environmental Impact
Statement (EIS) exemption application in relation to the Caltex service station, Mitchell. The
application was made by Canberra Town Planning under section 211B of the Planning and
Development Act 2007.
This is a concurrent application that includes a development application (DA) and an EIS exemption
application. If an EIS exemption is granted (the concurrent process), the DA must be decided not
later than 10 working days after. According to section 147AB (3) of the Act, if the EIS exemption is
refused, rejected or withdrawn, the DA is taken to have been refused.
1.1. Project
The project is the removal of two underground petroleum storage tanks and associated works
including fuel lines. This will include facilitating the remediation of the site in accordance with the
remediation action plan prepared by WSP Parsons Brinckerhoff and the replacement of the UPSS’s
and fuel lines. Construction works outlined in the application include;
Concrete over tanks to be broken up and removed.
Tank and fuel lines to be cleared and tested.
Soils surrounding the tanks will be excavated stockpiled and managed in accordance with
the methodology detailed in the RAP.
Temporary shoring and stabilization works may be required during works.
Back fill tank sites with excavated soil (if deemed suitable) or with other suitable Virgin
Excavated Natural Material (VENM).
Install two new 30,000L double walled fibreglass tanks (tanks 1 and 2).
Install new fuel lines and vent lines as shown in the fuel lines and vent lines as shown in the
fuel system layout plan.
Install new monitoring wells if required.
Lay new concrete/pavement for site.
Install new information signage if required.
Other associated tasks
1.1.1. Project location
The Caltex service station redevelopment EIS exemption application relates to land in Mitchell,
Gungahlin, Australian Capital Territory (block 50, section 18 Mitchell). The services station fronts
Lysaght Street with other sublessees located to the north with frontage to McEacharn place. The site
address is 116 Lysaght Street and 5 McEacharn Place, Mitchell.
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[Insert a map, drawing or aerial photo of the location of works]
Figure 1 – Project Location
1.1.2. Legal land description and tenancy
The removal Caltex service station Mitchell, will directly and indirectly affect 4 blocks. Table 1 shows
the legal land description for each block affected by the removal and replacement of two
underground storage tanks from Caltex service station and the details of tenancy type and tenant.
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Table 1 - Legal land description and tenancy
Directly affected lands
Block Division Tenancy Tenant
50, 18 Mitchell leased Territory Land Private Lease – Not Public Land
N/A
Verge on
Lysaght
Street
N/A Unleased Territory Land - Roads Roads ACT, TAMSD
Neighbouring lands
Block Division Tenancy Tenant
5, 18 Mitchell Leased Territory Land Private Lessee
51, 18 Mitchell Leased Territory Land Private Lessee
1.2. Background
The works proposed are to facilitate the remediation of the site, the removal of two underground
petroleum storage tanks and fuel lines along with the surroundings soil is essential to allow the
continued operation of the site as a service station. Tank 1 on the site had previously leaked causing
contamination to the surrounding soil and groundwater.
The proposed works are essential in helping to reduce the contamination on the site, minimise
potential for future contamination and allow continuous operation of the site. There are a limited
amount of alternative options to progress and this proposal will facilitate the best outcome.
2. Environmental impact assessment Environmental impact assessment processes are used to identify, predict, plan for and manage the
impacts of development proposals before a decision is made about the project going ahead.
An environmental impact assessment process is required to be undertaken for projects in the impact
track.
Section 123 of the Planning and Development Act 2007 states that the impact track applies to a
development if:
the relevant development table states that the impact track applies
the proposal is of a kind mentioned in Schedule 4 of the Planning and Development Act
2007
the Minister makes a declaration under section 124
section 125 or section 132 applies to the proposal, or
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The Commonwealth Minister responsible for the Environment Protection and Biodiversity
Conservation Act 1999 (the EPBC Act) advises the Minister in writing that the development
is a controlled action under the EPBC Act, section 76.
2.1. Impact track triggers
The Caltex service station, Mitchell is in the impact track as it is a development of a kind mentioned
in Schedule 4 of the Planning and Development Act 2007. This proposal triggers the Schedule 4 item
listed in Table 2.
Table 2 - EIS triggers per Schedule 4 of the Planning and Development Act 2007
Item Number Description Project Component
Part 4.3, item 7 Proposal involving land included on the register of contaminated sites under the Environment Protection Act 1997.
The proposed site.
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2.2. Section 211 Process
The flowchart below outlines the EIS exemption application process.
Figure 2 - The section 211 process
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2.3. The EIS exemption application
In accordance with section 211B of the Planning and Development Act 2007 the application for an
EIS exemption was submitted by Canberra Town Planning to the planning and land authority (the
Authority), within the Environment, Planning and Sustainable Development Directorate (EPSDD) on 5
April 2017. As required by EIS exemption application - Form 1M, the application contained the
following information to inform the assessment of the application:
WSP Remediation Action Plan for Limited UPSS Replacement Works, June 2016
GHD Site Audit 116 Lysaght St, Mitchell ACT Interim Audit Advice 2, 24 June 2016
Caltex Service Station, Block 50 Section 18, Application for Section 211 Exemption, April
2017
2.4. EIS exemption decision
Section 211H of the Planning and Development Act 2007 states that the Minister may grant an EIS
exemption for the proposal if satisfied that the exempted environmental impact of the development
proposal has already been sufficiently addressed by a recent study, whether or not the recent study
relates to the particular development proposal.
In deciding whether the environmental impact of the development proposal has been sufficiently
addressed by the recent study, the Minister must consider:
(a) whether the recent study was conducted by an appropriately qualified person with relevant
expertise and experience in relation to the environmental values of the land in the proposal;
and
(b) if the recent study does not relate directly to the proposal—whether there is sufficient detail
to allow assessment of the environmental impacts likely to occur if the proposal proceeds;
and
(c) whether the part of the recent study relevant to the proposal required public consultation
through a statutory process or as part of a government policy development; and
(d) if the recent study is more than 18 months old—whether the Minister is satisfied that the
information in the study is current; and
(e) any submissions received during the consultation period for the EIS exemption application.
This report documents the information presented by the proponent, information received during
entity consultation and public notification to inform the Minister in making a decision.
2.5. Consultation
Entity consultation and public notification were both undertaken for Caltex service station, Mitchell,
as required by the Planning and Development Act 2007.
2.5.1. Entity referral
Section 211E of the Planning and Development Act 2007 requires the Minister to consult with
entities prescribed in the Planning and Development Regulations 2008 about the EIS exemption
application. The Minister may also seek advice from other entities.
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For the Caltex service station Mitchell, the Authority referred the application to the following
mandatory and relevant entities:
Entity Date Entity Comment Received
Entity response
ACTEW AGL Gas 12 May 2017 Your application has been assessed by
ActewAGL. There are no Gas Networks
assets within the vicinity of the
development and as such no approval is
required.
ACTEW AGL Electricity 17 May 2017 Conditional Approval (see appendix 1)
Conservator of Flora and Fauna 1 May 2017 There are no issues of concern (see appendix 1)
Emergency Services Commissioner 14 June 2017 ESA is supportive of an S211 Environmental Impact Statement exemption for the Caltex Service Station Mitchell re Tank Removal & Replacement
ICON Water 11 May 2017 Failed to Comply (see appendix 1)
EPA 21 June 2017 The EPA recommends conditions of approval and advice for the applicant (see appendix 1)
Table 3 – Entity Referrals
Comments were received from six entities during the consultation period. Entity submissions are
included in this report as they relate to each trigger or potential impact and set out at appendix 1.
2.5.2. Public consultation
The Planning and Development Act 2007 requires the Minister to consult with the public on the
concurrent development and EIS exemption application’s for 35 working days under section
147AA(1) of the PD Act. The EIS exemption application and development application were publicly
notified from 28 April 2017 to 16 June 2017 in accordance with Section 211C of the PD Act.
No public submissions were received during the consultation period and the revised application has
stated this.
Canberra Town Planning has made the design for the project available to the public during a public
consultation period additional to that required under section 211C of the PD Act. The project design
report, plans and supporting information (including the investigations and studies submitted in
support of this application) were available from 28 April 2017 to 16 June 2017.
Table provides a summary of which information was made available during the public consultation
process and for what length of time.
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Table 4 - Summary of public consultation
Title of report Public consultation method
Number of days
Project plans and supporting information information displayed on website
35 Working days
Andre Smit, Interim Audit Advice, 2016 information displayed on website
35 Working days
Laver and Carpenter, Remediation Action Plan, 2016
information displayed on website
35 Working days
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3. Matters of National Environmental Significance Under the EPBC Act a person must not take an action that has, will have, or is likely to have a
significant impact on any matters of national environmental significance (MNES) without approval
from the Commonwealth Minister for the Environment.
The proposed development is located in the Gungahlin strategic assessment area. The proponent
has provided a statement in section 12 of their application stating that the subject site does not
trigger likely impacts to any matters of national environment significance because the purposed
development is taking place in an already established industrial area.
4. Impacts on Schedule 4 items This section summarises the impacts of the development on relevant items from Schedule 4 of the
PD Act. For each item the supporting studies and the comments of referral entities and the public
are listed along with any recommended mitigation measures. A conclusion is made on whether or
not the information satisfies the requirements of section 211 of the PD Act.
4.1. Schedule 4 Part 4.3 Item 7– Proposal involving land included on the register of
contaminated sites
The proposed Mitchell Caltex service station redevelopment will take place on a contaminated site
listed on the register of contaminated sites under the Environmental Protection Act 1997.
4.1.1. Impacts
The proposed development is taking place in an established industrial area which is not considered to maintain any natural conservation values. Impacts would most likely occur from any contaminated materials dispersion during the development. The following potential key impacts were identified:
Dust generation during works;
Hydrocarbon odours being emitted after concrete is removed from above the infrastructure;
Odour issues associated with removing the USTs; and
Potential contamination of soil and mobilisation through wind and rainfall events as a result of stockpiling.
Local Community
During this redevelopment any impact on local workers will need to be considered from the
contaminated materials or soils becoming airborne and travelling offsite. Mitigation measures
regarding the sediment control and transportation of any contaminated materials are outlined in
section 4.1.4 of this report.
4.1.2. Previous studies and investigation
The proponent has submitted three reports which address impacts on the environment in support of
the EIS exemption application. The information submitted by the proponent to support the
application is listed and assessed for relevance against the requirements of section 211H of the
Planning and Development Act 2007 in table 5.
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TITLE & AUTHOR OF STUDY
QUALIFIED PERSON
RECENT STUDY
If recent study >18 months, is
information current
INFORMATION DIRECTLY
RELATED TO PROPOSAL?
If no, has sufficient
information been
provided?
ADDITIONAL PUBLIC CONSULTATION REQUIRED
EXPERT/ PEER
REVIEWED
‘Interim Audit Advice 2: Comments on Revised Remedial Action Plan’ Andre Smit
Yes Yes N/A Yes N/A No No
Remediation Action Plan For Limited UPSS Replacement Works’
Yes Yes N/A Yes N/A No No
‘Application for Section 211 Exemption’ Canberra Town Planning
Yes Yes N/A Yes N/A No No
Table 5 – Previous Studies and Investigations
It is considered that these studies provide sufficient detail to allow an assessment of the
environmental impacts associated with the proposal.
4.1.3. Recommended mitigation measures
The key recommended mitigation measures from the authority’s assessment, entity submissions and
the reports submitted by the proponent against the impacts of the development are included in
table 6.
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Table 6 - Mitigation measures
Number Impact of development Mitigation Measure
1 Pollution of Stormwater A sediment and erosion control plan will be prepared and provided to the EPA for comment prior to works commencing. Ongoing management requirements for sediment, erosion control and spills will be documented in an Environmental Management Plan that will be provided to the EPA.
2 Inappropriate handling of toxic or hazardous materials leading to a pollution event.
Fuel and spills management measures in place in accordance with the Health, Environmental and Safety Plan (HESP) and in accordance with the relevant procedures for the works.
3 Emissions of dust or odour during the construction or operations.
Dust will be controlled using water if necessary and work will stop during high wind conditions. Monitoring for odour and health safety measures will be in place in accordance with the RAP and site EMP
4 Exposing workers or the environment to potential toxins
Dust and odours will be monitored and managed in accordance with the EMP and RAP. Work will cease if concentrations of VOCs exceed limits detailed in RAP and EMP.
Additional measures are detailed in the EIS Exemption application report.
4.1.4. Conclusion
The supporting studies and the comments of relevant entities provide sufficient information on the
impacts of the proposal on the local environment.
Further investigation and environmental assessment of the impacts of the proposal is not required
for this project. The conditions attached to this EIS Exemption will be applied through conditions of
approval on any subsequent development application.
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5. EIS Exemption conditions Table 7 details the conditions that are proposed to be set if an EIS Exemption is granted. These
conditions should be taken into account by the planning and land authority when assessing a DA for
the proposal.
No Condition Endorsement/
approval
Development
stage
Condition of approval
1 All works must be
undertaken in
accordance with the
remediation action plan
(RAP).
ACTPLA (C) During
Construction
All works must be undertaken in
accordance with the remediation
action plan (RAP).
2 Works are to be
constrained to the
identified area.
ACTPLA
EPA
(C) During
Construction
Works are to be constrained to the
identified area and no offsite works or
stockpiling is to be undertaken.
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6. Conclusion Having regard to the supporting information provided by the applicant and comments received from
referral entities and during the public consultation period the planning and land authority has
assessed the Mitchell Caltex Service Station Redevelopment as meeting the requirements for an EIS
exemption under the Planning and Development Act 2007.
It is the planning and land authority’s assessment that the proponent has provided sufficient
information to the ACT Government and the community to allow an informed evaluation of
potential environmental impacts which could be attributed to the proposal. The supporting
information and referral entities have proposed a range of mitigation measures and conditions to
reduce or avoid potential environmental impacts arising from construction and operational activities
associated with the project. It is considered that any potential adverse impacts can be adequately
addressed by implementing the conditions outlined in this report.
The planning and land authority’s recommendation is that the supporting information submitted
with the application has adequately identified and considered those matters of potentially
significant impact and that further environmental assessment is not required. The expected
environmental impact of the development proposal has already been sufficiently addressed by
recent studies.
The planning and land authority’s recommendation is that the Minister grants the Mitchell Caltex
service station redevelopment an EIS exemption under section 211H of the Planning and
development Act 2007.